Texas 2017 - 85th Regular

Texas House Bill HB4270 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4270
	1	+	By: Isaac (Senate Sponsor - Campbell) H.B. No. 4270
	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 7, Nays 0; May 23, 2017, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the Anthem Municipal Utility District; providing
6	12		authority to issue bonds; providing authority to impose
7	13		assessments, fees, and taxes.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Subtitle F, Title 6, Special District Local Laws
10	16		Code, is amended by adding Chapter 7979 to read as follows:
11	17		CHAPTER 7979. ANTHEM MUNICIPAL UTILITY DISTRICT
12	18		SUBCHAPTER A. GENERAL PROVISIONS
13	19		Sec. 7979.001. DEFINITIONS. In this chapter:
14	20		(1) "Board" means the district's board of directors.
15	21		(2) "Commission" means the Texas Commission on
16	22		Environmental Quality.
17	23		(3) "Director" means a board member.
18	24		(4) "District" means the Anthem Municipal Utility
19	25		District.
20	26		Sec. 7979.002. NATURE OF DISTRICT. The district is a
21	27		municipal utility district created under Section 59, Article XVI,
22	28		Texas Constitution.
23	29		Sec. 7979.003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
24	30		The district is created to serve a public purpose and benefit.
25	31		(b) The district is created to accomplish the purposes of:
26	32		(1) a municipal utility district as provided by
27	33		general law and Section 59, Article XVI, Texas Constitution; and
28	34		(2) Section 52, Article III, Texas Constitution, that
29	35		relate to the construction, acquisition, improvement, operation,
30	36		or maintenance of macadamized, graveled, or paved roads, or
31	37		improvements, including storm drainage and landscaping, in aid of
32	38		those roads.
33	39		SUBCHAPTER B. POWERS AND DUTIES
34	40		Sec. 7979.051. GENERAL POWERS AND DUTIES. The district has
35	41		the powers and duties necessary to accomplish the purposes for
36	42		which the district is created.
37	43		Sec. 7979.052. MUNICIPAL UTILITY DISTRICT POWERS AND
38	44		DUTIES. The district has the powers and duties provided by the
39	45		general law of this state, including Chapters 49 and 54, Water Code,
40	46		applicable to municipal utility districts created under Section 59,
41	47		Article XVI, Texas Constitution.
42	48		Sec. 7979.053. AUTHORITY FOR ROAD PROJECTS. Under Section
43	49		52, Article III, Texas Constitution, the district may design,
44	50		acquire, construct, finance, issue bonds for, improve, operate,
45	51		maintain, and convey to this state, a county, or a municipality for
46	52		operation and maintenance macadamized, graveled, or paved roads, or
47	53		improvements, including storm drainage and landscaping, in aid of
48	54		those roads.
49	55		Sec. 7979.054. ROAD STANDARDS AND REQUIREMENTS. (a) A road
50	56		project must meet all applicable construction standards, zoning and
51	57		subdivision requirements, and regulations of each municipality in
52	58		whose corporate limits or extraterritorial jurisdiction the road
53	59		project is located.
54	60		(b) If a road project is not located in the corporate limits
55	61		or extraterritorial jurisdiction of a municipality, the road
56	62		project must meet all applicable construction standards,
57	63		subdivision requirements, and regulations of each county in which
58	64		the road project is located.
59	65		(c) If the state will maintain and operate the road, the
60	66		Texas Transportation Commission must approve the plans and
61	67		specifications of the road project.
62	68		Sec. 7979.055. STRATEGIC PARTNERSHIP AGREEMENT. The
63	69		district may negotiate and enter into a written strategic
64	70		partnership agreement with:
65	71		(1) a municipality under Section 43.0751, Local
66	72		Government Code; and
67	73		(2) a municipality that provides water and wastewater
68	74		services to the district.
69	75		SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
70	76		Sec. 7979.101. ELECTIONS REGARDING TAXES OR BONDS. (a) The
71	77		district may issue, without an election, bonds and other
72	78		obligations secured by:
73	79		(1) revenue other than ad valorem taxes; or
74	80		(2) contract payments described by Section 7979.103.
75	81		(b) The district must hold an election in the manner
76	82		provided by Chapters 49 and 54, Water Code, to obtain voter approval
77	83		before the district may impose an ad valorem tax or issue bonds
78	84		payable from ad valorem taxes.
79	85		(c) The district may not issue bonds payable from ad valorem
80	86		taxes to finance a road project unless the issuance is approved by a
81	87		vote of a two-thirds majority of the district voters voting at an
82	88		election held for that purpose.
83	89		Sec. 7979.102. OPERATION AND MAINTENANCE TAX. (a) If
84	90		authorized at an election held under Section 7979.101, the district
85	91		may impose an operation and maintenance tax on taxable property in
86	92		the district in accordance with Section 49.107, Water Code.
87	93		(b) The board shall determine the tax rate. The rate may not
88	94		exceed the rate approved at the election.
89	95		Sec. 7979.103. CONTRACT TAXES. (a) In accordance with
90	96		Section 49.108, Water Code, the district may impose a tax other than
91	97		an operation and maintenance tax and use the revenue derived from
92	98		the tax to make payments under a contract after the provisions of
93	99		the contract have been approved by a majority of the district voters
94	100		voting at an election held for that purpose.
95	101		(b) A contract approved by the district voters may contain a
96	102		provision stating that the contract may be modified or amended by
97	103		the board without further voter approval.
98	104		SUBCHAPTER D. ASSESSMENTS; APPLICABILITY OF IMPACT FEES AND
99	105		ASSESSMENTS
100	106		Sec. 7979.151. PETITION REQUIRED FOR FINANCING
101	107		RECREATIONAL FACILITIES, IMPROVEMENTS, AND SERVICES WITH
102	108		ASSESSMENTS. (a) The board may finance the construction or
103	109		maintenance of a recreational facility or improvement or finance
104	110		the provision of a recreational service with assessments on
105	111		commercial or residential property, or both, under this subchapter,
106	112		but only if:
107	113		(1) a written petition requesting that facility,
108	114		improvement, or service has been filed with the board; and
109	115		(2) the board holds a hearing on the proposed
110	116		assessments.
111	117		(b) The petition must be signed by the owners of a majority
112	118		of the assessed value of real property in the district subject to
113	119		assessment according to the most recent certified tax appraisal
114	120		roll for the county.
115	121		Sec. 7979.152. METHOD OF NOTICE FOR HEARING. The district
116	122		shall mail notice of the hearing to each property owner in the
117	123		district who will be subject to the assessment at the current
118	124		address to be assessed as reflected on the tax rolls. The district
119	125		may mail the notice by certified or first class United States mail.
120	126		The board shall determine the method of notice.
121	127		Sec. 7979.153. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) An
122	128		assessment or a reassessment imposed under this subchapter by the
123	129		district, penalties and interest on an assessment or reassessment,
124	130		an expense of collection, and reasonable attorney's fees incurred
125	131		by the district:
126	132		(1) are a first and prior lien against the property
127	133		assessed;
128	134		(2) are superior to any other lien or claim other than
129	135		a lien or claim for county, school district, or municipal ad valorem
130	136		taxes; and
131	137		(3) are the personal liability of and a charge against
132	138		the owners of the property even if the owners are not named in the
133	139		assessment proceedings.
134	140		(b) The lien is effective from the date of the board's
135	141		resolution imposing the assessment until the date the assessment is
136	142		paid. The board may enforce the lien in the same manner that the
137	143		board may enforce an ad valorem tax lien against real property.
138	144		(c) The board may make a correction to or deletion from the
139	145		assessment roll that does not increase the amount of assessment of
140	146		any parcel of land without providing notice and holding a hearing in
141	147		the manner required for additional assessments.
142	148		Sec. 7979.154. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
143	149		ASSESSMENTS. The district may not impose an impact fee or
144	150		assessment on the property, including the equipment,
145	151		rights-of-way, facilities, or improvements, of:
146	152		(1) an electric utility or a power generation company
147	153		as defined by Section 31.002, Utilities Code;
148	154		(2) a gas utility as defined by Section 101.003 or
149	155		121.001, Utilities Code;
150	156		(3) a telecommunications provider as defined by
151	157		Section 51.002, Utilities Code; or
152	158		(4) a person who provides to the public cable
153	159		television or advanced telecommunications services.
154	160		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
155	161		Sec. 7979.201. AUTHORITY TO ISSUE BONDS AND OTHER
156	162		OBLIGATIONS. The district may issue bonds or other obligations
157	163		payable wholly or partly from ad valorem taxes, impact fees,
158	164		revenue, contract payments, grants, or other district money, or any
159	165		combination of those sources, to pay for any authorized district
160	166		purpose.
161	167		Sec. 7979.202. TAXES FOR BONDS. At the time the district
162	168		issues bonds payable wholly or partly from ad valorem taxes, the
163	169		board shall provide for the annual imposition of a continuing
164	170		direct ad valorem tax, without limit as to rate or amount, while all
165	171		or part of the bonds are outstanding as required and in the manner
166	172		provided by Sections 54.601 and 54.602, Water Code.
167	173		Sec. 7979.203. BONDS FOR ROAD PROJECTS. At the time of
168	174		issuance, the total principal amount of bonds or other obligations
169	175		issued or incurred to finance road projects and payable from ad
170	176		valorem taxes may not exceed one-fourth of the assessed value of the
171	177		real property in the district.
172	178		SECTION 2. (a) All governmental and proprietary actions
173	179		and proceedings of the Anthem Municipal Utility District taken
174	180		before the effective date of this Act are validated, ratified, and
175	181		confirmed in all respects as of the dates on which they occurred.
176	182		(b) This section does not apply to any matter that on the
177	183		effective date of this Act:
178	184		(1) is involved in litigation if the litigation
179	185		ultimately results in the matter being held invalid by a final court
180	186		judgment; or
181	187		(2) has been held invalid by a final court judgment.
182	188		SECTION 3. (a) The legal notice of the intention to
183	189		introduce this Act, setting forth the general substance of this
184	190		Act, has been published as provided by law, and the notice and a
185	191		copy of this Act have been furnished to all persons, agencies,
186	192		officials, or entities to which they are required to be furnished
187	193		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
188	194		Government Code.
189	195		(b) The governor, one of the required recipients, has
190	196		submitted the notice and Act to the Texas Commission on
191	197		Environmental Quality.
192	198		(c) The Texas Commission on Environmental Quality has filed
193	199		its recommendations relating to this Act with the governor, the
194	200		lieutenant governor, and the speaker of the house of
195	201		representatives within the required time.
196	202		(d) All requirements of the constitution and laws of this
197	203		state and the rules and procedures of the legislature with respect
198	204		to the notice, introduction, and passage of this Act are fulfilled
199	205		and accomplished.
200	206		SECTION 4. This Act takes effect immediately if it receives
201	207		a vote of two-thirds of all the members elected to each house, as
202	208		provided by Section 39, Article III, Texas Constitution. If this
203	209		Act does not receive the vote necessary for immediate effect, this
204	210		Act takes effect September 1, 2017.
205		-	______________________________ ______________________________
206		-	President of the Senate Speaker of the House
207		-	I certify that H.B. No. 4270 was passed by the House on May
208		-	19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not
209		-	voting.
210		-	______________________________
211		-	Chief Clerk of the House
212		-	I certify that H.B. No. 4270 was passed by the Senate on May
213		-	24, 2017, by the following vote: Yeas 30, Nays 1.
214		-	______________________________
215		-	Secretary of the Senate
216		-	APPROVED: _____________________
217		-	Date
218		-	_____________________
219		-	Governor
	211	+	* * * * *