Texas 2017 - 85th Regular

Texas House Bill HB2220 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Elkins (Senate Sponsor - Whitmire) H.B. No. 2220
2		-	(In the Senate - Received from the House May 1, 2017;
3		-	May 4, 2017, read first time and referred to Committee on
4		-	Intergovernmental Relations; May 18, 2017, reported favorably by
5		-	the following vote: Yeas 6, Nays 0; May 18, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2220
7	2
8	3
9		-	A BILL TO BE ENTITLED
10		-	AN ACT
11	4		relating to the powers and duties of the West Harris County
12	5		Municipal Utility District No. 21; providing authority to issue
13	6		bonds; providing authority to impose fees and taxes.
14	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	8		SECTION 1. Subtitle F, Title 6, Special District Local Laws
16	9		Code, is amended by adding Chapter 7976 to read as follows:
17	10		CHAPTER 7976. WEST HARRIS COUNTY MUNICIPAL
18	11		UTILITY DISTRICT NO. 21
19	12		SUBCHAPTER A. GENERAL PROVISIONS
20	13		Sec. 7976.001. DEFINITION. In this chapter, "district"
21	14		means the West Harris County Municipal Utility District No. 21.
22	15		Sec. 7976.002. NATURE AND PURPOSES OF DISTRICT. (a) The
23	16		district is a municipal utility district created under Section 59,
24	17		Article XVI, Texas Constitution.
25	18		(b) The district is created to accomplish the purposes of:
26	19		(1) a municipal utility district as provided by
27	20		general law and Section 59, Article XVI, Texas Constitution; and
28	21		(2) Section 52, Article III, Texas Constitution, that
29	22		relate to the construction, acquisition, improvement, operation,
30	23		or maintenance of macadamized, graveled, or paved roads, or
31	24		improvements, including storm drainage, in aid of those roads.
32	25		SUBCHAPTER B. POWERS AND DUTIES
33	26		Sec. 7976.051. GENERAL POWERS AND DUTIES. The district has
34	27		the powers and duties necessary to accomplish the purposes for
35	28		which the district is created.
36	29		Sec. 7976.052. MUNICIPAL UTILITY DISTRICT POWERS AND
37	30		DUTIES. The district has the powers and duties provided by the
38	31		general law of this state, including Chapters 49 and 54, Water Code,
39	32		applicable to municipal utility districts created under Section 59,
40	33		Article XVI, Texas Constitution.
41	34		Sec. 7976.053. AUTHORITY FOR ROAD PROJECTS. Under Section
42	35		52, Article III, Texas Constitution, the district may design,
43	36		acquire, construct, finance, issue bonds for, improve, operate,
44	37		maintain, and convey to this state, a county, or a municipality for
45	38		operation and maintenance macadamized, graveled, or paved roads, or
46	39		improvements, including storm drainage, in aid of those roads.
47	40		Sec. 7976.054. ROAD STANDARDS AND REQUIREMENTS. (a) A road
48	41		project must meet all applicable construction standards, zoning and
49	42		subdivision requirements, and regulations of each municipality in
50	43		whose corporate limits or extraterritorial jurisdiction the road
51	44		project is located.
52	45		(b) If a road project is not located in the corporate limits
53	46		or extraterritorial jurisdiction of a municipality, the road
54	47		project must meet all applicable construction standards,
55	48		subdivision requirements, and regulations of each county in which
56	49		the road project is located.
57	50		(c) If the state will maintain and operate the road, the
58	51		Texas Transportation Commission must approve the plans and
59	52		specifications of the road project.
60	53		SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
61	54		Sec. 7976.101. AUTHORITY TO ISSUE BONDS AND OTHER
62	55		OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
63	56		other obligations payable wholly or partly from ad valorem taxes,
64	57		impact fees, revenue, contract payments, grants, or other district
65	58		money, or any combination of those sources, to pay for a road
66	59		project authorized by Section 7976.053.
67	60		(b) The district may not issue bonds payable from ad valorem
68	61		taxes to finance a road project unless the issuance is approved by a
69	62		vote of a two-thirds majority of the district voters voting at an
70	63		election held for that purpose.
71	64		(c) At the time of issuance, the total principal amount of
72	65		bonds or other obligations issued or incurred to finance road
73	66		projects and payable from ad valorem taxes may not exceed
74	67		one-fourth of the assessed value of the real property in the
75	68		district.
76	69		Sec. 7976.102. TAXES FOR BONDS. At the time the district
77	70		issues bonds payable wholly or partly from ad valorem taxes, the
78	71		board of directors of the district shall provide for the annual
79	72		imposition of a continuing direct ad valorem tax, without limit as
80	73		to rate or amount, while all or part of the bonds are outstanding as
81	74		required and in the manner provided by Sections 54.601 and 54.602,
82	75		Water Code.
83	76		SECTION 2. The West Harris County Municipal Utility
84	77		District No. 21 retains all rights, powers, privileges, authority,
85	78		duties, and functions that it had before the effective date of this
86	79		Act.
87	80		SECTION 3. (a) The legislature validates and confirms all
88	81		governmental acts and proceedings of the West Harris County
89	82		Municipal Utility District No. 21 that were taken before the
90	83		effective date of this Act.
91	84		(b) This section does not apply to any matter that on the
92	85		effective date of this Act:
93	86		(1) is involved in litigation if the litigation
94	87		ultimately results in the matter being held invalid by a final court
95	88		judgment; or
96	89		(2) has been held invalid by a final court judgment.
97	90		SECTION 4. (a) The legal notice of the intention to
98	91		introduce this Act, setting forth the general substance of this
99	92		Act, has been published as provided by law, and the notice and a
100	93		copy of this Act have been furnished to all persons, agencies,
101	94		officials, or entities to which they are required to be furnished
102	95		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
103	96		Government Code.
104	97		(b) The governor, one of the required recipients, has
105	98		submitted the notice and Act to the Texas Commission on
106	99		Environmental Quality.
107	100		(c) The Texas Commission on Environmental Quality has filed
108	101		its recommendations relating to this Act with the governor, the
109	102		lieutenant governor, and the speaker of the house of
110	103		representatives within the required time.
111	104		(d) All requirements of the constitution and laws of this
112	105		state and the rules and procedures of the legislature with respect
113	106		to the notice, introduction, and passage of this Act are fulfilled
114	107		and accomplished.
115	108		SECTION 5. This Act takes effect immediately if it receives
116	109		a vote of two-thirds of all the members elected to each house, as
117	110		provided by Section 39, Article III, Texas Constitution. If this
118	111		Act does not receive the vote necessary for immediate effect, this
119	112		Act takes effect September 1, 2017.
120		-	* * * * *
	113	+	______________________________ ______________________________
	114	+	President of the Senate Speaker of the House
	115	+	I certify that H.B. No. 2220 was passed by the House on April
	116	+	27, 2017, by the following vote: Yeas 142, Nays 2, 3 present, not
	117	+	voting.
	118	+	______________________________
	119	+	Chief Clerk of the House
	120	+	I certify that H.B. No. 2220 was passed by the Senate on May
	121	+	22, 2017, by the following vote: Yeas 29, Nays 1.
	122	+	______________________________
	123	+	Secretary of the Senate
	124	+	APPROVED: _____________________
	125	+	Date
	126	+	_____________________
	127	+	Governor