H.B. No. 2938
AN ACT
relating to the Sienna Plantation Levee Improvement District of
Fort Bend County, Texas.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 1 and 8, Chapter 986, Acts of the 78th
Legislature, Regular Session, 2003, are amended to read as follows:
Sec. 1. AUTHORITY. The Sienna Plantation Levee
Improvement District of Fort Bend County, Texas, is a conservation
and reclamation district created under the authority of Section 59,
Article XVI, and Section 52, Article III, Texas Constitution. It is
granted road utility district authority under Section 52(b)(3),
Article III, Texas Constitution, and Chapter 441, Transportation
Code, including the authority to repair and maintain streets and
roadways in the district. In addition, the district has the powers
of a metropolitan rapid transit authority under Section 451.065,
Transportation Code, provided, however, that Section 451.065(d),
Transportation Code, shall not apply to the district.
Sec. 8. BONDS. (a) The district may issue bonds, notes,
and other obligations secured by revenues or contract payments from
any lawful source other than ad valorem taxation without an
election. The district may issue bonds, notes, and other
obligations secured in whole or in part by ad valorem taxation, and
levy ad valorem taxes for the payment thereof, only if the issuance
is approved by a two-thirds majority of the voters of the district
voting at an election called and held for that purpose.
(b) The outstanding principal amount of bonds, notes, and
other obligations issued to finance parks and recreational
facilities supported by ad valorem taxation may not exceed an
amount equal to two percent of the taxable property in the district.
(c) Notwithstanding Subsection (b), the outstanding
principal balance of bonds, notes, and other obligations to finance
parks and recreational facilities supported by ad valorem taxation
authorized by an election held before January 1, 2017, may not
exceed an amount equal to one percent of the taxable property in the
district unless a majority of the voters voting in an election held
for that purpose after the effective date of the Act enacting this
subsection approve a proposition authorizing the issuance of
additional bonds, notes, or other obligations to finance parks and
recreational facilities supported by ad valorem taxation in a total
outstanding principal balance not to exceed two percent of the
taxable property in the district.
SECTION 2. (a) The legislature validates and confirms all
acts and proceedings of the board of directors of the Sienna
Plantation Levee Improvement District of Fort Bend County, Texas,
that were taken before the effective date of this Act.
(b) Subsection (a) of this section does not apply to any
matter that on the effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final
judgment of a court; or
(2) has been held invalid by a final judgment of a
court.
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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2938 was passed by the House on May 4,
2017, by the following vote: Yeas 143, Nays 0, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2938 on May 26, 2017, by the following vote: Yeas 137, Nays 7,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2938 was passed by the Senate, with
amendments, on May 24, 2017, by the following vote: Yeas 29, Nays
2.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor