By: Fallon (Senate Sponsor - Hughes) H.B. No. 2987
(In the Senate - Received from the House May 19, 2017;
May 19, 2017, read first time and referred to Committee on
Administration; May 23, 2017, reported favorably by the following
vote: Yeas 6, Nays 0, 1 present not voting; May 23, 2017, sent to
printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the Denton County Municipal
Utility Districts Nos. 4 and 5; providing authority to issue bonds;
providing authority to impose assessments, 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 Chapters 7980 and 7981 to read as
follows:
CHAPTER 7980. DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 4
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7980.001. DEFINITION. In this chapter, "district"
means the Denton County Municipal Utility District No. 4.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 7980.051. 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. 7980.052. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may improve,
operate, or maintain any macadamized, graveled, or paved roads in
existence on September 1, 2017, or improvements, including storm
drainage, in aid of those roads inside the district.
Sec. 7980.053. ROAD STANDARDS AND REQUIREMENTS. (a) A road
project must meet all applicable construction standards, zoning and
subdivision requirements, 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,
subdivision requirements, and regulations of each county in which
the road project is located.
Sec. 7980.054. ACCEPTANCE OF ROADS. (a) The district by
order of the board may accept any road inside the district that has
been dedicated by plat or otherwise transferred to the public.
(b) On acceptance of the road by the district, the district
is considered the owner of the accepted road and shall record
ownership of the road in the deed records of Denton County.
Sec. 7980.055. ELECTION REQUIRED. The district may not
exercise the powers authorized by Section 7980.052 unless approved
by a vote of a majority of district voters voting at an election
called for that purpose.
SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
Sec. 7980.101. ISSUANCE OF BONDS AND OTHER OBLIGATIONS FOR
ROAD PROJECTS PROHIBITED. The district may not issue bonds or other
obligations payable wholly or partly from ad valorem taxes, impact
fees, revenue, contract payments, grants, or other district money,
or any combination of those sources, to pay for a road project
authorized by Section 7980.052.
CHAPTER 7981. DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 5
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7981.001. DEFINITION. In this chapter, "district"
means the Denton County Municipal Utility District No. 5.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 7981.051. 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. 7981.052. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may improve,
operate, or maintain any macadamized, graveled, or paved roads in
existence on September 1, 2017, or improvements, including storm
drainage, in aid of those roads inside the district.
Sec. 7981.053. ROAD STANDARDS AND REQUIREMENTS. (a) A road
project must meet all applicable construction standards, zoning and
subdivision requirements, 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,
subdivision requirements, and regulations of each county in which
the road project is located.
Sec. 7981.054. ACCEPTANCE OF ROADS. (a) The district by
order of the board may accept any road inside the district that has
been dedicated by plat or otherwise transferred to the public.
(b) On acceptance of the road by the district, the district
is considered the owner of the accepted road and shall record
ownership of the road in the deed records of Denton County.
Sec. 7981.055. ELECTION REQUIRED. The district may not
exercise the powers authorized by Section 7981.052 unless approved
by a vote of a majority of district voters voting at an election
called for that purpose.
SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
Sec. 7981.101. ISSUANCE OF BONDS AND OTHER OBLIGATIONS FOR
ROAD PROJECTS PROHIBITED. The district may not issue bonds or other
obligations payable wholly or partly from ad valorem taxes, impact
fees, revenue, contract payments, grants, or other district money,
or any combination of those sources, to pay for a road project
authorized by Section 7981.052.
SECTION 2. (a) The legislature validates and confirms all
governmental acts and proceedings of the Denton County Municipal
Utility Districts Nos. 4 and 5 that were taken before the effective
date of this Act.
(b) 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 court
judgment; or
(2) has been held invalid by a final court judgment.
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 August 1, 2017.
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