85R7338 AAF-F
By: Stucky H.B. No. 2565
A BILL TO BE ENTITLED
relating to the powers and duties of the Big Sky Municipal Utility
District of Denton County; providing authority to issue bonds and
impose fees and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7973 to read as follows:
CHAPTER 7973. BIG SKY MUNICIPAL UTILITY DISTRICT OF DENTON COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7973.001. DEFINITION. In this chapter, "district"
means the Big Sky Municipal Utility District of Denton County.
Sec. 7973.002. NATURE AND PURPOSES OF DISTRICT. (a) The
district is a municipal utility district created under Section 59,
Article XVI, Texas Constitution.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 7973.051. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7973.052. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 7973.053. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7973.054. ROAD STANDARDS AND REQUIREMENTS. (a) A road
project must meet all applicable construction standards and
regulations of each municipality in whose corporate limits or
extraterritorial jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards and
regulations of each county in which the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 7973.055. FIREFIGHTING SERVICES. Notwithstanding
Section 49.351(a), Water Code, the district may, as authorized by
Section 59(f), Article XVI, Texas Constitution, and Section 49.351,
Water Code:
(1) establish, operate, and maintain a fire
department;
(2) contract with another political subdivision for
the joint operation of a fire department; or
(3) contract with any other person to perform
firefighting services in the district and may issue bonds and
impose taxes to pay for the department and the activities.
Sec. 7973.056. FEES AND CHARGES. (a) The district may
adopt and enforce all necessary charges, mandatory fees, or
rentals, in addition to taxes, for providing or making available
any district facility or service, including firefighting
activities provided under Section 7973.055.
(b) To enforce payment of an unpaid fee or charge due to the
district, on the request of the district, a retail public utility,
as defined by Section 13.002, Water Code, providing water or sewer
service to a customer in the district shall terminate the service.
SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
Sec. 7973.101. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS FOR ROAD PROJECTS. (a) In addition to the district's
authority to issue bonds for other purposes, the district may issue
bonds or other obligations payable wholly or partly from ad valorem
taxes, revenue, contract payments, grants, or other district money,
or any combination of those sources, to pay for a road project
authorized by Section 7973.053.
(b) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
(c) At the time of issuance, the total principal amount of
bonds or other obligations issued or incurred to finance road
projects and payable from ad valorem taxes may not exceed
one-fourth of the assessed value of the real property in the
district.
Sec. 7973.102. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
district shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding.
SECTION 2. The Big Sky Municipal Utility District of Denton
County retains all rights, powers, privileges, authority, duties,
and functions that it had before the effective date of this Act.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.