Texas 2017 - 85th Regular

Texas House Bill HB4336 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R19132 SLB-D
2	2	By: Workman H.B. No. 4336
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the Greenshores Fresh Water Supply
7	7	District; granting a limited power of eminent domain; providing
8	8	authority to issue bonds; providing authority to impose
9	9	assessments, fees, and taxes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle B, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 6919 to read as follows:
13	13	CHAPTER 6919. GREENSHORES FRESH WATER SUPPLY DISTRICT
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 6919.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(3) "Director" means a board member.
20	20	(4) "District" means the Greenshores Fresh Water
21	21	Supply District.
22	22	Sec. 6919.002. NATURE OF DISTRICT. The district is a fresh
23	23	water supply district created under Section 59, Article XVI, Texas
24	24	Constitution.
25	25	Sec. 6919.003. CONFIRMATION AND DIRECTORS' ELECTION
26	26	REQUIRED. The temporary directors shall hold an election to
27	27	confirm the creation of the district and to elect five permanent
28	28	directors as provided by Section 49.102, Water Code.
29	29	Sec. 6919.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section 6919.003
31	31	until each municipality in whose corporate limits or
32	32	extraterritorial jurisdiction the district is located has
33	33	consented by ordinance or resolution to the creation of the
34	34	district and to the inclusion of land in the district.
35	35	Sec. 6919.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
36	36	The district is created to serve a public purpose and benefit.
37	37	(b) The district is created to accomplish the purposes of a
38	38	fresh water supply district and a municipal utility district as
39	39	provided by general law and Section 59, Article XVI, Texas
40	40	Constitution.
41	41	Sec. 6919.006. INITIAL DISTRICT TERRITORY. The district is
42	42	initially composed of the territory covered by Certificate of
43	43	Convenience and Necessity No. 12407 as it existed on September 1,
44	44	2017.
45	45	SUBCHAPTER B. BOARD OF DIRECTORS
46	46	Sec. 6919.051. GOVERNING BODY; TERMS. (a) The district is
47	47	governed by a board of five elected directors.
48	48	(b) Except as provided by Section 6919.052, directors serve
49	49	staggered four-year terms.
50	50	Sec. 6919.052. TEMPORARY DIRECTORS. (a) On or after
51	51	September 1, 2017, the owner or owners of a majority of the assessed
52	52	value of the real property in the district may submit a petition to
53	53	the commission requesting that the commission appoint as temporary
54	54	directors the five persons named in the petition. The commission
55	55	shall appoint as temporary directors the five persons named in the
56	56	petition.
57	57	(b) Temporary directors serve until the earlier of:
58	58	(1) the date permanent directors are elected under
59	59	Section 6919.003; or
60	60	(2) September 1, 2021.
61	61	(c) If permanent directors have not been elected under
62	62	Section 6919.003 and the terms of the temporary directors have
63	63	expired, successor temporary directors shall be appointed or
64	64	reappointed as provided by Subsection (d) to serve terms that
65	65	expire on the earlier of:
66	66	(1) the date permanent directors are elected under
67	67	Section 6919.003; or
68	68	(2) the fourth anniversary of the date of the
69	69	appointment or reappointment.
70	70	(d) If Subsection (c) applies, the owner or owners of a
71	71	majority of the assessed value of the real property in the district
72	72	may submit a petition to the commission requesting that the
73	73	commission appoint as successor temporary directors the five
74	74	persons named in the petition. The commission shall appoint as
75	75	successor temporary directors the five persons named in the
76	76	petition.
77	77	SUBCHAPTER C. POWERS AND DUTIES
78	78	Sec. 6919.101. GENERAL POWERS AND DUTIES. The district has
79	79	the powers and duties necessary to accomplish the purposes for
80	80	which the district is created.
81	81	Sec. 6919.102. FRESH WATER SUPPLY DISTRICT AND MUNICIPAL
82	82	UTILITY DISTRICT POWERS AND DUTIES. (a) The district has the
83	83	powers and duties provided by the general law of this state,
84	84	including Chapters 49, 54, and 56, Water Code, applicable to fresh
85	85	water supply districts and municipal utility districts created
86	86	under Section 59, Article XVI, Texas Constitution.
87	87	(b) In the event of a conflict of law between Chapters 54 and
88	88	56, Water Code, as those chapters apply to the district, Chapter 54
89	89	prevails.
90	90	Sec. 6919.103. USE OF DEFINED AREAS TO PROVIDE WASTEWATER
91	91	SERVICE. Notwithstanding Section 54.801, Water Code, the district
92	92	may create a defined area under Subchapter J, Chapter 54, Water
93	93	Code, for the purpose of providing wastewater service.
94	94	Sec. 6919.104. DEVELOPMENT AGREEMENT. (a) The district may
95	95	enter into a development agreement with the City of Austin
96	96	regarding the provision of water and wastewater services to
97	97	undeveloped areas of the district.
98	98	(b) A development agreement under this section shall
99	99	provide for the provision of the following to the areas affected by
100	100	the agreement:
101	101	(1) fire flow;
102	102	(2) an amount of water sufficient to allow for
103	103	residential watering in the summer months; and
104	104	(3) wastewater services in such a manner as to make
105	105	unnecessary the trucking of sewage from the Woods of Greenshores.
106	106	Sec. 6919.105. EFFECT OF ANNEXATION. Notwithstanding any
107	107	other law, if any portion of the territory of the district is
108	108	annexed by the City of Austin into the city's corporate limits, the
109	109	district:
110	110	(1) retains all of the district's outstanding debt and
111	111	obligations;
112	112	(2) is not dissolved; and
113	113	(3) continues to operate under this chapter.
114	114	Sec. 6919.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
115	115	OR RESOLUTION. The district shall comply with all applicable
116	116	requirements of any ordinance or resolution that is adopted under
117	117	Section 54.016 or 54.0165, Water Code, and that consents to the
118	118	creation of the district or to the inclusion of land in the
119	119	district.
120	120	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
121	121	Sec. 6919.151. ELECTIONS REGARDING TAXES OR BONDS. The
122	122	district must hold an election in the manner provided by Chapters 49
123	123	and 54, Water Code, to obtain voter approval before the district may
124	124	impose an ad valorem tax or issue bonds payable from ad valorem
125	125	taxes.
126	126	Sec. 6919.152. OPERATION AND MAINTENANCE FUNDING. (a) The
127	127	district may not impose an operation and maintenance tax on taxable
128	128	property in the district.
129	129	(b) The district shall use revenue derived from the
130	130	provision of water and wastewater services to pay for the operation
131	131	and maintenance of the district.
132	132	Sec. 6919.153. CONTRACT TAXES. (a) In accordance with
133	133	Section 49.108, Water Code, the district may impose a tax other than
134	134	an operation and maintenance tax and use the revenue derived from
135	135	the tax to make payments under a contract after the provisions of
136	136	the contract have been approved by a majority of the district voters
137	137	voting at an election held for that purpose.
138	138	(b) A contract approved by the district voters may contain a
139	139	provision stating that the contract may be modified or amended by
140	140	the board without further voter approval.
141	141	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
142	142	Sec. 6919.201. AUTHORITY TO ISSUE BONDS AND OTHER
143	143	OBLIGATIONS. The district may issue bonds or other obligations
144	144	payable wholly or partly from ad valorem taxes, impact fees,
145	145	revenue, contract payments, grants, or other district money, or any
146	146	combination of those sources, to pay for capital improvements in
147	147	the district.
148	148	Sec. 6919.202. TAXES FOR BONDS. At the time the district
149	149	issues bonds payable wholly or partly from ad valorem taxes, the
150	150	board shall provide for the annual imposition of a continuing
151	151	direct ad valorem tax, without limit as to rate or amount, while all
152	152	or part of the bonds are outstanding as required and in the manner
153	153	provided by Sections 54.601 and 54.602, Water Code.
154	154	SECTION 2. (a) The legal notice of the intention to
155	155	introduce this Act, setting forth the general substance of this
156	156	Act, has been published as provided by law, and the notice and a
157	157	copy of this Act have been furnished to all persons, agencies,
158	158	officials, or entities to which they are required to be furnished
159	159	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
160	160	Government Code.
161	161	(b) The governor, one of the required recipients, has
162	162	submitted the notice and Act to the Texas Commission on
163	163	Environmental Quality.
164	164	(c) The Texas Commission on Environmental Quality has filed
165	165	its recommendations relating to this Act with the governor, the
166	166	lieutenant governor, and the speaker of the house of
167	167	representatives within the required time.
168	168	(d) All requirements of the constitution and laws of this
169	169	state and the rules and procedures of the legislature with respect
170	170	to the notice, introduction, and passage of this Act are fulfilled
171	171	and accomplished.
172	172	SECTION 3. (a) If this Act does not receive a two-thirds
173	173	vote of all the members elected to each house, Subchapter C, Chapter
174	174	6919, Special District Local Laws Code, as added by Section 1 of
175	175	this Act, is amended by adding Section 6919.107 to read as follows:
176	176	Sec. 6919.107. NO EMINENT DOMAIN POWER. The district may
177	177	not exercise the power of eminent domain.
178	178	(b) This section is not intended to be an expression of a
179	179	legislative interpretation of the requirements of Section 17(c),
180	180	Article I, Texas Constitution.
181	181	SECTION 4. This Act takes effect September 1, 2017.