Texas 2017 - 85th Regular

Texas House Bill HB2987 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	By: Fallon (Senate Sponsor - Hughes) H.B. No. 2987
2		-	(In the Senate - Received from the House May 19, 2017;
3		-	May 19, 2017, read first time and referred to Committee on
4		-	Administration; May 23, 2017, reported favorably by the following
5		-	vote: Yeas 6, Nays 0, 1 present not voting; May 23, 2017, sent to
6		-	printer.)
7		-	Click here to see the committee vote
	1	+	H.B. No. 2987
8	2
9	3
10		-	A BILL TO BE ENTITLED
11	4		AN ACT
12	5		relating to the powers and duties of the Denton County Municipal
13	6		Utility Districts Nos. 4 and 5; providing authority to issue bonds;
14	7		providing authority to impose assessments, fees, and taxes.
15	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	9		SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	10		Code, is amended by adding Chapters 7980 and 7981 to read as
18	11		follows:
19	12		CHAPTER 7980. DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 4
20	13		SUBCHAPTER A. GENERAL PROVISIONS
21	14		Sec. 7980.001. DEFINITION. In this chapter, "district"
22	15		means the Denton County Municipal Utility District No. 4.
23	16		SUBCHAPTER B. POWERS AND DUTIES
24	17		Sec. 7980.051. MUNICIPAL UTILITY DISTRICT POWERS AND
25	18		DUTIES. The district has the powers and duties provided by the
26	19		general law of this state, including Chapters 49 and 54, Water Code,
27	20		applicable to municipal utility districts created under Section 59,
28	21		Article XVI, Texas Constitution.
29	22		Sec. 7980.052. AUTHORITY FOR ROAD PROJECTS. Under Section
30	23		52, Article III, Texas Constitution, the district may improve,
31	24		operate, or maintain any macadamized, graveled, or paved roads in
32	25		existence on September 1, 2017, or improvements, including storm
33	26		drainage, in aid of those roads inside the district.
34	27		Sec. 7980.053. ROAD STANDARDS AND REQUIREMENTS. (a) A road
35	28		project must meet all applicable construction standards, zoning and
36	29		subdivision requirements, and regulations of each municipality in
37	30		whose corporate limits or extraterritorial jurisdiction the road
38	31		project is located.
39	32		(b) If a road project is not located in the corporate limits
40	33		or extraterritorial jurisdiction of a municipality, the road
41	34		project must meet all applicable construction standards,
42	35		subdivision requirements, and regulations of each county in which
43	36		the road project is located.
44	37		Sec. 7980.054. ACCEPTANCE OF ROADS. (a) The district by
45	38		order of the board may accept any road inside the district that has
46	39		been dedicated by plat or otherwise transferred to the public.
47	40		(b) On acceptance of the road by the district, the district
48	41		is considered the owner of the accepted road and shall record
49	42		ownership of the road in the deed records of Denton County.
50	43		Sec. 7980.055. ELECTION REQUIRED. The district may not
51	44		exercise the powers authorized by Section 7980.052 unless approved
52	45		by a vote of a majority of district voters voting at an election
53	46		called for that purpose.
54	47		SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
55	48		Sec. 7980.101. ISSUANCE OF BONDS AND OTHER OBLIGATIONS FOR
56	49		ROAD PROJECTS PROHIBITED. The district may not issue bonds or other
57	50		obligations payable wholly or partly from ad valorem taxes, impact
58	51		fees, revenue, contract payments, grants, or other district money,
59	52		or any combination of those sources, to pay for a road project
60	53		authorized by Section 7980.052.
61	54		CHAPTER 7981. DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 5
62	55		SUBCHAPTER A. GENERAL PROVISIONS
63	56		Sec. 7981.001. DEFINITION. In this chapter, "district"
64	57		means the Denton County Municipal Utility District No. 5.
65	58		SUBCHAPTER B. POWERS AND DUTIES
66	59		Sec. 7981.051. MUNICIPAL UTILITY DISTRICT POWERS AND
67	60		DUTIES. The district has the powers and duties provided by the
68	61		general law of this state, including Chapters 49 and 54, Water Code,
69	62		applicable to municipal utility districts created under Section 59,
70	63		Article XVI, Texas Constitution.
71	64		Sec. 7981.052. AUTHORITY FOR ROAD PROJECTS. Under Section
72	65		52, Article III, Texas Constitution, the district may improve,
73	66		operate, or maintain any macadamized, graveled, or paved roads in
74	67		existence on September 1, 2017, or improvements, including storm
75	68		drainage, in aid of those roads inside the district.
76	69		Sec. 7981.053. ROAD STANDARDS AND REQUIREMENTS. (a) A road
77	70		project must meet all applicable construction standards, zoning and
78	71		subdivision requirements, and regulations of each municipality in
79	72		whose corporate limits or extraterritorial jurisdiction the road
80	73		project is located.
81	74		(b) If a road project is not located in the corporate limits
82	75		or extraterritorial jurisdiction of a municipality, the road
83	76		project must meet all applicable construction standards,
84	77		subdivision requirements, and regulations of each county in which
85	78		the road project is located.
86	79		Sec. 7981.054. ACCEPTANCE OF ROADS. (a) The district by
87	80		order of the board may accept any road inside the district that has
88	81		been dedicated by plat or otherwise transferred to the public.
89	82		(b) On acceptance of the road by the district, the district
90	83		is considered the owner of the accepted road and shall record
91	84		ownership of the road in the deed records of Denton County.
92	85		Sec. 7981.055. ELECTION REQUIRED. The district may not
93	86		exercise the powers authorized by Section 7981.052 unless approved
94	87		by a vote of a majority of district voters voting at an election
95	88		called for that purpose.
96	89		SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
97	90		Sec. 7981.101. ISSUANCE OF BONDS AND OTHER OBLIGATIONS FOR
98	91		ROAD PROJECTS PROHIBITED. The district may not issue bonds or other
99	92		obligations payable wholly or partly from ad valorem taxes, impact
100	93		fees, revenue, contract payments, grants, or other district money,
101	94		or any combination of those sources, to pay for a road project
102	95		authorized by Section 7981.052.
103	96		SECTION 2. (a) The legislature validates and confirms all
104	97		governmental acts and proceedings of the Denton County Municipal
105	98		Utility Districts Nos. 4 and 5 that were taken before the effective
106	99		date of this Act.
107	100		(b) This section does not apply to any matter that on the
108	101		effective date of this Act:
109	102		(1) is involved in litigation if the litigation
110	103		ultimately results in the matter being held invalid by a final court
111	104		judgment; or
112	105		(2) has been held invalid by a final court judgment.
113	106		SECTION 3. (a) The legal notice of the intention to
114	107		introduce this Act, setting forth the general substance of this
115	108		Act, has been published as provided by law, and the notice and a
116	109		copy of this Act have been furnished to all persons, agencies,
117	110		officials, or entities to which they are required to be furnished
118	111		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
119	112		Government Code.
120	113		(b) The governor, one of the required recipients, has
121	114		submitted the notice and Act to the Texas Commission on
122	115		Environmental Quality.
123	116		(c) The Texas Commission on Environmental Quality has filed
124	117		its recommendations relating to this Act with the governor, the
125	118		lieutenant governor, and the speaker of the house of
126	119		representatives within the required time.
127	120		(d) All requirements of the constitution and laws of this
128	121		state and the rules and procedures of the legislature with respect
129	122		to the notice, introduction, and passage of this Act are fulfilled
130	123		and accomplished.
131	124		SECTION 4. This Act takes effect August 1, 2017.
132		-	* * * * *
	125	+	______________________________ ______________________________
	126	+	President of the Senate Speaker of the House
	127	+	I certify that H.B. No. 2987 was passed by the House on May
	128	+	19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not
	129	+	voting.
	130	+	______________________________
	131	+	Chief Clerk of the House
	132	+	I certify that H.B. No. 2987 was passed by the Senate on May
	133	+	24, 2017, by the following vote: Yeas 29, Nays 1, 1 present, not
	134	+	voting.
	135	+	______________________________
	136	+	Secretary of the Senate
	137	+	APPROVED: _____________________
	138	+	Date
	139	+	_____________________
	140	+	Governor