Texas 2017 - 85th Regular

Texas House Bill HB4324 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4324
	1	+	By: Schofield (Senate Sponsor - Huffman) H.B. No. 4324
	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
	10	+	AN ACT
4	11		relating to the powers and duties of the Harris County Municipal
5	12		Utility District No. 61; providing authority to issue bonds and
6	13		impose fees and taxes.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. Subtitle F, Title 6, Special District Local Laws
9	16		Code, is amended by adding Chapter 8002 to read as follows:
10	17		CHAPTER 8002. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 61
11	18		SUBCHAPTER A. GENERAL PROVISIONS
12	19		Sec. 8002.001. DEFINITION. In this chapter, "district"
13	20		means the Harris County Municipal Utility District No. 61.
14	21		Sec. 8002.002. NATURE AND PURPOSES OF DISTRICT. (a) The
15	22		district is a municipal utility district created under Section 59,
16	23		Article XVI, Texas Constitution.
17	24		(b) The district is created to accomplish the purposes of:
18	25		(1) a municipal utility district as provided by
19	26		general law and Section 59, Article XVI, Texas Constitution; and
20	27		(2) Section 52, Article III, Texas Constitution, that
21	28		relate to the construction, acquisition, improvement, operation,
22	29		or maintenance of macadamized, graveled, or paved roads, or
23	30		improvements, including storm drainage, in aid of those roads.
24	31		SUBCHAPTER B. POWERS AND DUTIES
25	32		Sec. 8002.051. GENERAL POWERS AND DUTIES. The district has
26	33		the powers and duties necessary to accomplish the purposes for
27	34		which the district is created.
28	35		Sec. 8002.052. MUNICIPAL UTILITY DISTRICT POWERS AND
29	36		DUTIES. The district has the powers and duties provided by the
30	37		general law of this state, including Chapters 49 and 54, Water Code,
31	38		applicable to municipal utility districts created under Section 59,
32	39		Article XVI, Texas Constitution.
33	40		Sec. 8002.053. AUTHORITY FOR ROAD PROJECTS. Under Section
34	41		52, Article III, Texas Constitution, the district may design,
35	42		acquire, construct, finance, issue bonds for, improve, operate,
36	43		maintain, and convey to this state, a county, or a municipality for
37	44		operation and maintenance macadamized, graveled, or paved roads, or
38	45		improvements, including storm drainage, in aid of those roads.
39	46		Sec. 8002.054. ROAD STANDARDS AND REQUIREMENTS. (a) A road
40	47		project must meet all applicable construction standards, zoning and
41	48		subdivision requirements, and regulations of each municipality in
42	49		whose corporate limits or extraterritorial jurisdiction the road
43	50		project is located.
44	51		(b) If a road project is not located in the corporate limits
45	52		or extraterritorial jurisdiction of a municipality, the road
46	53		project must meet all applicable construction standards,
47	54		subdivision requirements, and regulations of each county in which
48	55		the road project is located.
49	56		(c) If the state will maintain and operate the road, the
50	57		Texas Transportation Commission must approve the plans and
51	58		specifications of the road project.
52	59		Sec. 8002.055. AUTHORITY TO ESTABLISH DEFINED AREAS.
53	60		Notwithstanding the acreage requirement under Section 54.801(a),
54	61		Water Code, the district may establish and administer defined areas
55	62		as provided by Subchapter J, Chapter 54, Water Code.
56	63		Sec. 8002.056. ADDITION OR EXCLUSION OF LAND IN DEFINED
57	64		AREA. The district may add or exclude land from the defined areas
58	65		in the same manner the district may add or exclude land from the
59	66		district.
60	67		SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
61	68		Sec. 8002.101. AUTHORITY TO ISSUE BONDS AND OTHER
62	69		OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
63	70		other obligations payable wholly or partly from ad valorem taxes,
64	71		impact fees, revenue, contract payments, grants, or other district
65	72		money, or any combination of those sources, to pay for a road
66	73		project authorized by Section 8002.053.
67	74		(b) The district may not issue bonds payable from ad valorem
68	75		taxes to finance a road project unless the issuance is approved by a
69	76		vote of a two-thirds majority of the district voters voting at an
70	77		election held for that purpose.
71	78		(c) At the time of issuance, the total principal amount of
72	79		bonds or other obligations issued or incurred to finance road
73	80		projects and payable from ad valorem taxes may not exceed
74	81		one-fourth of the assessed value of the real property in the
75	82		district.
76	83		Sec. 8002.102. TAXES FOR BONDS. At the time the district
77	84		issues bonds payable wholly or partly from ad valorem taxes, the
78	85		district shall provide for the annual imposition of a continuing
79	86		direct ad valorem tax, without limit as to rate or amount, while all
80	87		or part of the bonds are outstanding as required and in the manner
81	88		provided by Sections 54.601 and 54.602, Water Code.
82	89		SECTION 2. The Harris County Municipal Utility District
83	90		No. 61 retains all the rights, powers, privileges, authority,
84	91		duties, and functions that it had before the effective date of this
85	92		Act.
86	93		SECTION 3. (a) The legislature validates and confirms all
87	94		governmental acts and proceedings of the Harris County Municipal
88	95		Utility District No. 61 that were taken before the effective date of
89	96		this Act.
90	97		(b) This section does not apply to any matter that on the
91	98		effective date of this Act:
92	99		(1) is involved in litigation if the litigation
93	100		ultimately results in the matter being held invalid by a final court
94	101		judgment; or
95	102		(2) has been held invalid by a final court judgment.
96	103		SECTION 4. (a) The legal notice of the intention to
97	104		introduce this Act, setting forth the general substance of this
98	105		Act, has been published as provided by law, and the notice and a
99	106		copy of this Act have been furnished to all persons, agencies,
100	107		officials, or entities to which they are required to be furnished
101	108		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
102	109		Government Code.
103	110		(b) The governor, one of the required recipients, has
104	111		submitted the notice and Act to the Texas Commission on
105	112		Environmental Quality.
106	113		(c) The Texas Commission on Environmental Quality has filed
107	114		its recommendations relating to this Act with the governor, the
108	115		lieutenant governor, and the speaker of the house of
109	116		representatives within the required time.
110	117		(d) All requirements of the constitution and laws of this
111	118		state and the rules and procedures of the legislature with respect
112	119		to the notice, introduction, and passage of this Act are fulfilled
113	120		and accomplished.
114	121		SECTION 5. This Act takes effect immediately if it receives
115	122		a vote of two-thirds of all the members elected to each house, as
116	123		provided by Section 39, Article III, Texas Constitution. If this
117	124		Act does not receive the vote necessary for immediate effect, this
118	125		Act takes effect September 1, 2017.
119		-	______________________________ ______________________________
120		-	President of the Senate Speaker of the House
121		-	I certify that H.B. No. 4324 was passed by the House on May
122		-	19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not
123		-	voting.
124		-	______________________________
125		-	Chief Clerk of the House
126		-	I certify that H.B. No. 4324 was passed by the Senate on May
127		-	24, 2017, by the following vote: Yeas 30, Nays 1.
128		-	______________________________
129		-	Secretary of the Senate
130		-	APPROVED: _____________________
131		-	Date
132		-	_____________________
133		-	Governor
	126	+	* * * * *