| 1 | 1 | | 85R14696 DMS-F |
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| 2 | 2 | | By: Metcalf H.B. No. 4306 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to providing road powers to the Montgomery County |
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| 8 | 8 | | Municipal Utility District No. 101; providing authority to issue |
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| 9 | 9 | | bonds. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 8120.002, Special District Local Laws |
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| 12 | 12 | | Code, is amended to read as follows: |
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| 13 | 13 | | Sec. 8120.002. NATURE OF DISTRICT; FINDINGS OF PUBLIC |
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| 14 | 14 | | PURPOSE AND BENEFIT. (a) The district is created to serve a public |
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| 15 | 15 | | purpose and benefit [a municipal utility district in Montgomery |
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| 16 | 16 | | County created under and essential to accomplish the purposes of |
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| 17 | 17 | | Section 59, Article XVI, Texas Constitution]. |
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| 18 | 18 | | (b) The creation of the district is essential to accomplish |
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| 19 | 19 | | the purposes of: |
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| 20 | 20 | | (1) a municipal utility district as provided by |
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| 21 | 21 | | general law and Section 59, Article XVI, Texas Constitution; and |
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| 22 | 22 | | (2) Section 52, Article III, Texas Constitution, that |
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| 23 | 23 | | relate to the construction, acquisition, improvement, operation, |
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| 24 | 24 | | or maintenance of macadamized, graveled, or paved roads, or |
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| 25 | 25 | | improvements, including storm drainage, in aid of those roads. |
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| 26 | 26 | | SECTION 2. Subchapter C, Chapter 8120, Special District |
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| 27 | 27 | | Local Laws Code, is amended by adding Sections 8120.104 and |
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| 28 | 28 | | 8120.105 to read as follows: |
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| 29 | 29 | | Sec. 8120.104. AUTHORITY FOR ROAD PROJECTS. Under Section |
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| 30 | 30 | | 52, Article III, Texas Constitution, the district may design, |
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| 31 | 31 | | acquire, construct, finance, issue bonds for, improve, operate, |
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| 32 | 32 | | maintain, and convey to this state, a county, or a municipality for |
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| 33 | 33 | | operation and maintenance macadamized, graveled, or paved roads, or |
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| 34 | 34 | | improvements, including storm drainage, in aid of those roads. |
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| 35 | 35 | | Sec. 8120.105. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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| 36 | 36 | | project must meet all applicable construction standards, zoning and |
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| 37 | 37 | | subdivision requirements, and regulations of each municipality in |
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| 38 | 38 | | whose corporate limits or extraterritorial jurisdiction the road |
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| 39 | 39 | | project is located. |
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| 40 | 40 | | (b) If a road project is not located in the corporate limits |
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| 41 | 41 | | or extraterritorial jurisdiction of a municipality, the road |
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| 42 | 42 | | project must meet all applicable construction standards, |
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| 43 | 43 | | subdivision requirements, and regulations of each county in which |
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| 44 | 44 | | the road project is located. |
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| 45 | 45 | | (c) If the state will maintain and operate the road, the |
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| 46 | 46 | | Texas Transportation Commission must approve the plans and |
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| 47 | 47 | | specifications of the road project. |
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| 48 | 48 | | SECTION 3. Chapter 8120, Special District Local Laws Code, |
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| 49 | 49 | | is amended by adding Subchapter D to read as follows: |
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| 50 | 50 | | SUBCHAPTER D. BONDS |
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| 51 | 51 | | Sec. 8120.151. BONDS FOR ROAD PROJECTS. At the time of |
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| 52 | 52 | | issuance, the total principal amount of bonds or other obligations |
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| 53 | 53 | | issued or incurred to finance road projects and payable from ad |
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| 54 | 54 | | valorem taxes may not exceed one-fourth of the assessed value of the |
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| 55 | 55 | | real property in the district. |
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| 56 | 56 | | SECTION 4. (a) The legal notice of the intention to |
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| 57 | 57 | | introduce this Act, setting forth the general substance of this |
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| 58 | 58 | | Act, has been published as provided by law, and the notice and a |
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| 59 | 59 | | copy of this Act have been furnished to all persons, agencies, |
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| 60 | 60 | | officials, or entities to which they are required to be furnished |
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| 61 | 61 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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| 62 | 62 | | Government Code. |
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| 63 | 63 | | (b) The governor, one of the required recipients, has |
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| 64 | 64 | | submitted the notice and Act to the Texas Commission on |
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| 65 | 65 | | Environmental Quality. |
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| 66 | 66 | | (c) The Texas Commission on Environmental Quality has filed |
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| 67 | 67 | | its recommendations relating to this Act with the governor, the |
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| 68 | 68 | | lieutenant governor, and the speaker of the house of |
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| 69 | 69 | | representatives within the required time. |
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| 70 | 70 | | (d) All requirements of the constitution and laws of this |
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| 71 | 71 | | state and the rules and procedures of the legislature with respect |
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| 72 | 72 | | to the notice, introduction, and passage of this Act are fulfilled |
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| 73 | 73 | | and accomplished. |
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| 74 | 74 | | SECTION 5. This Act takes effect immediately if it receives |
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| 75 | 75 | | a vote of two-thirds of all the members elected to each house, as |
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| 76 | 76 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 77 | 77 | | Act does not receive the vote necessary for immediate effect, this |
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| 78 | 78 | | Act takes effect September 1, 2017. |
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