Texas 2017 - 85th Regular

Texas House Bill HB4331 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4331
	1	+	By: King of Parker (Senate Sponsor - Estes) H.B. No. 4331
	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 Far North Fort Worth
5	12		Municipal Utility District No. 1 of Tarrant and Wise Counties;
6	13		providing authority to issue bonds and 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 8011 to read as follows:
10	17		CHAPTER 8011. FAR NORTH FORT WORTH MUNICIPAL UTILITY DISTRICT
11	18		NO. 1 OF TARRANT AND WISE COUNTIES
12	19		SUBCHAPTER A. GENERAL PROVISIONS
13	20		Sec. 8011.001. DEFINITION. In this chapter, "district"
14	21		means the Far North Fort Worth Municipal Utility District No. 1 of
15	22		Tarrant and Wise Counties.
16	23		Sec. 8011.002. NATURE AND PURPOSES OF DISTRICT. (a) The
17	24		district is a municipal utility district created under Section 59,
18	25		Article XVI, Texas Constitution.
19	26		(b) The district is created to accomplish the purposes of:
20	27		(1) a municipal utility district as provided by
21	28		general law and Section 59, Article XVI, Texas Constitution; and
22	29		(2) Section 52, Article III, Texas Constitution, that
23	30		relate to the construction, acquisition, improvement, operation,
24	31		or maintenance of macadamized, graveled, or paved roads, or
25	32		improvements, including storm drainage, in aid of those roads.
26	33		SUBCHAPTER B. POWERS AND DUTIES
27	34		Sec. 8011.051. GENERAL POWERS AND DUTIES. The district has
28	35		the powers and duties necessary to accomplish the purposes for
29	36		which the district is created.
30	37		Sec. 8011.052. MUNICIPAL UTILITY DISTRICT POWERS AND
31	38		DUTIES. The district has the powers and duties provided by the
32	39		general law of this state, including Chapters 49 and 54, Water Code,
33	40		applicable to municipal utility districts created under Section 59,
34	41		Article XVI, Texas Constitution.
35	42		Sec. 8011.053. AUTHORITY FOR ROAD PROJECTS. Under Section
36	43		52, Article III, Texas Constitution, the district may design,
37	44		acquire, construct, finance, issue bonds for, improve, operate,
38	45		maintain, and convey to this state, a county, or a municipality for
39	46		operation and maintenance macadamized, graveled, or paved roads, or
40	47		improvements, including storm drainage, in aid of those roads.
41	48		Sec. 8011.054. ROAD STANDARDS AND REQUIREMENTS. (a) A road
42	49		project must meet all applicable construction standards, zoning and
43	50		subdivision requirements, and regulations of each municipality in
44	51		whose corporate limits or extraterritorial jurisdiction the road
45	52		project is located.
46	53		(b) If a road project is not located in the corporate limits
47	54		or extraterritorial jurisdiction of a municipality, the road
48	55		project must meet all applicable construction standards,
49	56		subdivision requirements, and regulations of each county in which
50	57		the road project is located.
51	58		(c) If the state will maintain and operate the road, the
52	59		Texas Transportation Commission must approve the plans and
53	60		specifications of the road project.
54	61		SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
55	62		Sec. 8011.101. AUTHORITY TO ISSUE BONDS AND OTHER
56	63		OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
57	64		other obligations payable wholly or partly from ad valorem taxes,
58	65		impact fees, revenue, contract payments, grants, or other district
59	66		money, or any combination of those sources, to pay for a road
60	67		project authorized by Section 8011.053.
61	68		(b) The district may not issue bonds payable from ad valorem
62	69		taxes to finance a road project unless the issuance is approved by a
63	70		vote of a two-thirds majority of the district voters voting at an
64	71		election held for that purpose.
65	72		(c) At the time of issuance, the total principal amount of
66	73		bonds or other obligations issued or incurred to finance road
67	74		projects and payable from ad valorem taxes may not exceed
68	75		one-fourth of the assessed value of the real property in the
69	76		district.
70	77		Sec. 8011.102. TAXES FOR BONDS. At the time the district
71	78		issues bonds payable wholly or partly from ad valorem taxes, the
72	79		district shall provide for the annual imposition of a continuing
73	80		direct ad valorem tax, without limit as to rate or amount, while all
74	81		or part of the bonds are outstanding as required and in the manner
75	82		provided by Sections 54.601 and 54.602, Water Code.
76	83		SECTION 2. The Far North Fort Worth Municipal Utility
77	84		District No. 1 of Tarrant and Wise Counties retains all the rights,
78	85		powers, privileges, authority, duties, and functions that it had
79	86		before the effective date of this Act.
80	87		SECTION 3. (a) The legislature validates and confirms all
81	88		governmental acts and proceedings of the Far North Fort Worth
82	89		Municipal Utility District No. 1 of Tarrant and Wise Counties that
83	90		were taken before the effective date of this Act.
84	91		(b) This section does not apply to any matter that on the
85	92		effective date of this Act:
86	93		(1) is involved in litigation if the litigation
87	94		ultimately results in the matter being held invalid by a final court
88	95		judgment; or
89	96		(2) has been held invalid by a final court judgment.
90	97		SECTION 4. (a) The legal notice of the intention to
91	98		introduce this Act, setting forth the general substance of this
92	99		Act, has been published as provided by law, and the notice and a
93	100		copy of this Act have been furnished to all persons, agencies,
94	101		officials, or entities to which they are required to be furnished
95	102		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
96	103		Government Code.
97	104		(b) The governor, one of the required recipients, has
98	105		submitted the notice and Act to the Texas Commission on
99	106		Environmental Quality.
100	107		(c) The Texas Commission on Environmental Quality has filed
101	108		its recommendations relating to this Act with the governor, the
102	109		lieutenant governor, and the speaker of the house of
103	110		representatives within the required time.
104	111		(d) All requirements of the constitution and laws of this
105	112		state and the rules and procedures of the legislature with respect
106	113		to the notice, introduction, and passage of this Act are fulfilled
107	114		and accomplished.
108	115		SECTION 5. This Act takes effect immediately if it receives
109	116		a vote of two-thirds of all the members elected to each house, as
110	117		provided by Section 39, Article III, Texas Constitution. If this
111	118		Act does not receive the vote necessary for immediate effect, this
112	119		Act takes effect September 1, 2017.
113		-	______________________________ ______________________________
114		-	President of the Senate Speaker of the House
115		-	I certify that H.B. No. 4331 was passed by the House on May
116		-	19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not
117		-	voting.
118		-	______________________________
119		-	Chief Clerk of the House
120		-	I certify that H.B. No. 4331 was passed by the Senate on May
121		-	24, 2017, by the following vote: Yeas 30, Nays 1.
122		-	______________________________
123		-	Secretary of the Senate
124		-	APPROVED: _____________________
125		-	Date
126		-	_____________________
127		-	Governor
	120	+	* * * * *