Texas 2017 - 85th Regular

Texas House Bill HB4277 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4277
	1	+	By: Zerwas (Senate Sponsor - Kolkhorst) H.B. No. 4277
	2	+	(In the Senate - Received from the House May 10, 2017;
	3	+	May 10, 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 powers and duties of the Fort Bend County Municipal
6	12		Utility District No. 50; providing authority to issue bonds;
7	13		providing authority to impose a tax.
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 7993 to read as follows:
11	17		CHAPTER 7993. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 50
12	18		SUBCHAPTER A. GENERAL PROVISIONS
13	19		Sec. 7993.001. DEFINITION. In this chapter, "district"
14	20		means the Fort Bend County Municipal Utility District No. 50.
15	21		Sec. 7993.002. NATURE OF DISTRICT. The district is a
16	22		municipal utility district created under Section 59, Article XVI,
17	23		Texas Constitution.
18	24		Sec. 7993.003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
19	25		The district is created to serve a public purpose and benefit.
20	26		(b) The district is created to accomplish the purposes of:
21	27		(1) a municipal utility district as provided by
22	28		general law and Section 59, Article XVI, Texas Constitution; and
23	29		(2) Section 52, Article III, Texas Constitution, that
24	30		relate to the construction, acquisition, improvement, operation,
25	31		or maintenance of macadamized, graveled, or paved roads, or
26	32		improvements, including storm drainage, in aid of those roads.
27	33		SUBCHAPTER B. POWERS AND DUTIES
28	34		Sec. 7993.051. GENERAL POWERS AND DUTIES. The district has
29	35		the powers and duties necessary to accomplish the purposes for
30	36		which the district is created.
31	37		Sec. 7993.052. MUNICIPAL UTILITY DISTRICT POWERS AND
32	38		DUTIES. The district has the powers and duties provided by the
33	39		general law of this state, including Chapters 49 and 54, Water Code,
34	40		applicable to municipal utility districts created under Section 59,
35	41		Article XVI, Texas Constitution.
36	42		Sec. 7993.053. AUTHORITY FOR ROAD PROJECTS. Under Section
37	43		52, Article III, Texas Constitution, the district may design,
38	44		acquire, construct, finance, issue bonds for, improve, operate,
39	45		maintain, and convey to this state, a county, or a municipality for
40	46		operation and maintenance macadamized, graveled, or paved roads, or
41	47		improvements, including storm drainage, in aid of those roads.
42	48		Sec. 7993.054. ROAD STANDARDS AND REQUIREMENTS. (a) A road
43	49		project must meet all applicable construction standards, zoning and
44	50		subdivision requirements, and regulations of each municipality in
45	51		whose corporate limits or extraterritorial jurisdiction the road
46	52		project is located.
47	53		(b) If a road project is not located in the corporate limits
48	54		or extraterritorial jurisdiction of a municipality, the road
49	55		project must meet all applicable construction standards,
50	56		subdivision requirements, and regulations of each county in which
51	57		the road project is located.
52	58		(c) If the state will maintain and operate the road, the
53	59		Texas Transportation Commission must approve the plans and
54	60		specifications of the road project.
55	61		Sec. 7993.055. AUTHORITY TO ESTABLISH DEFINED AREAS.
56	62		Notwithstanding the acreage requirement under Section 54.801(a),
57	63		Water Code, the district may establish and administer defined areas
58	64		as provided by Subchapter J, Chapter 54, Water Code.
59	65		Sec. 7993.056. ADDITION OR EXCLUSION OF LAND IN DEFINED
60	66		AREA. The district may add or exclude land from the defined areas
61	67		in the same manner the district may add or exclude land from the
62	68		district.
63	69		SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
64	70		Sec. 7993.101. AUTHORITY TO ISSUE BONDS AND OTHER
65	71		OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
66	72		other obligations payable wholly or partly from ad valorem taxes,
67	73		impact fees, revenue, contract payments, grants, or other district
68	74		money, or any combination of those sources, to pay for a road
69	75		project authorized by Section 7993.053.
70	76		(b) The district may not issue bonds payable from ad valorem
71	77		taxes to finance a road project unless the issuance is approved by a
72	78		vote of a two-thirds majority of the district voters voting at an
73	79		election held for that purpose.
74	80		(c) At the time of issuance, the total principal amount of
75	81		bonds or other obligations issued or incurred to finance road
76	82		projects and payable from ad valorem taxes may not exceed
77	83		one-fourth of the assessed value of the real property in the
78	84		district.
79	85		Sec. 7993.102. TAXES FOR BONDS. At the time the district
80	86		issues bonds payable wholly or partly from ad valorem taxes, the
81	87		district shall provide for the annual imposition of a continuing
82	88		direct ad valorem tax, without limit as to rate or amount, while all
83	89		or part of the bonds are outstanding as required and in the manner
84	90		provided by Sections 54.601 and 54.602, Water Code.
85	91		SECTION 2. The Fort Bend County Municipal Utility District
86	92		No. 50 retains all the rights, powers, privileges, authority,
87	93		duties, and functions that it had before the effective date of this
88	94		Act.
89	95		SECTION 3. (a) The legislature validates and confirms all
90	96		acts and proceedings of the board of directors of the Fort Bend
91	97		County Municipal Utility District No. 50 that were taken before the
92	98		effective date of this Act.
93	99		(b) Subsection (a) of this section does not apply to any
94	100		matter that on the effective date of this Act:
95	101		(1) is involved in litigation if the litigation
96	102		ultimately results in the matter being held invalid by a final
97	103		judgment of a court; or
98	104		(2) has been held invalid by a final judgment of a
99	105		court.
100	106		SECTION 4. (a) The legal notice of the intention to
101	107		introduce this Act, setting forth the general substance of this
102	108		Act, has been published as provided by law, and the notice and a
103	109		copy of this Act have been furnished to all persons, agencies,
104	110		officials, or entities to which they are required to be furnished
105	111		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
106	112		Government Code.
107	113		(b) The governor, one of the required recipients, has
108	114		submitted the notice and Act to the Texas Commission on
109	115		Environmental Quality.
110	116		(c) The Texas Commission on Environmental Quality has filed
111	117		its recommendations relating to this Act with the governor, the
112	118		lieutenant governor, and the speaker of the house of
113	119		representatives within the required time.
114	120		(d) All requirements of the constitution and laws of this
115	121		state and the rules and procedures of the legislature with respect
116	122		to the notice, introduction, and passage of this Act are fulfilled
117	123		and accomplished.
118	124		SECTION 5. This Act takes effect immediately if it receives
119	125		a vote of two-thirds of all the members elected to each house, as
120	126		provided by Section 39, Article III, Texas Constitution. If this
121	127		Act does not receive the vote necessary for immediate effect, this
122	128		Act takes effect September 1, 2017.
123		-	______________________________ ______________________________
124		-	President of the Senate Speaker of the House
125		-	I certify that H.B. No. 4277 was passed by the House on May 9,
126		-	2017, by the following vote: Yeas 141, Nays 4, 2 present, not
127		-	voting.
128		-	______________________________
129		-	Chief Clerk of the House
130		-	I certify that H.B. No. 4277 was passed by the Senate on May
131		-	24, 2017, by the following vote: Yeas 30, Nays 1.
132		-	______________________________
133		-	Secretary of the Senate
134		-	APPROVED: _____________________
135		-	Date
136		-	_____________________
137		-	Governor
	129	+	* * * * *