BILL ANALYSIS Senate Research Center S.B. 1042 85R7685 AAF-F By: Taylor, Larry Intergovernmental Relations 4/7/2017 As Filed AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Continuing development and growth in Brazoria County has created the need for permanent improvements such as water supply and distribution facilities, wastewater collection and treatment facilities, drainage and flood control projects and road facilities. Article XVI, Section 59, and Article III, Section 52, of the Texas Constitution provide for the creation of local governmental districts which are authorized to incur indebtedness to provide such permanent improvements and to levy taxes for the maintenance and operation of such improvements and for the repayment of such indebtedness. Pursuant to Article XVI, Section 59, and Article III, Section 52, of the Texas Constitution, and subject to the continuing supervisory jurisdiction of the Texas Commission on Environmental Quality, the bill creates a municipal utility district, with road powers, to be known as Brazoria County Municipal Utility District No. 69, over a tract of land containing approximately 370 acres of land located in the incorporated area and extraterritorial jurisdiction of the City of Pearland in Brazoria County, Texas. As proposed, S.B. 1042 amends current law relating to the creation of the Brazoria County Municipal Utility District No. 69; grants a limited power of eminent domain; provides authority to issue bonds; and provides authority to impose assessments, fees, and taxes. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subtitle F, Title 6, Special District Local Laws Code, by adding Chapter 7970, as follows: CHAPTER 7970. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 69 Sets forth standard language for the creation of the Brazoria County Municipal Utility District No. 69 (district) in Brazoria County. Sets forth standards, procedures, requirements, and criteria for: Creation and approval of the district (Sections 7970.001-7970.006); Size, composition, election, and terms of the board of directors of the district, including provisions for initial temporary directors (Sections 7970.051-7970.052); Powers and duties of the district (Sections 7970.101-7970.105); and General financial provisions and authority to impose a tax and to issue bonds and obligations for the district (Sections 7970.151-7970.203). SECTION 2. Sets forth the initial boundaries of the district. SECTION 3. Provides that all requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished. SECTION 4. (a) Amends Subchapter C, Chapter 7970, Special District Local Laws Code as added by SECTION 1 of this Act, by adding Section 7970.106, if this Act does not receive a two-thirds vote of all the members elected to each house, as follows: Sec. 7970.106. NO EMINENT DOMAIN POWER. Prohibits the district from exercising the power of eminent domain. (b) Provides that this section is not intended to be an expression of a legislative interpretation of the requirements of Section 17(c) (relating to the legislature enacting certain laws granting eminent domain), Article I (Bill of Rights), Texas Constitution. SECTION 5. Effective date: upon passage or September 1, 2017.
BILL ANALYSIS
Senate Research Center S.B. 1042
85R7685 AAF-F By: Taylor, Larry
Intergovernmental Relations
4/7/2017
As Filed
Senate Research Center
S.B. 1042
85R7685 AAF-F
By: Taylor, Larry
Intergovernmental Relations
4/7/2017
As Filed
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Continuing development and growth in Brazoria County has created the need for permanent improvements such as water supply and distribution facilities, wastewater collection and treatment facilities, drainage and flood control projects and road facilities. Article XVI, Section 59, and Article III, Section 52, of the Texas Constitution provide for the creation of local governmental districts which are authorized to incur indebtedness to provide such permanent improvements and to levy taxes for the maintenance and operation of such improvements and for the repayment of such indebtedness.
Pursuant to Article XVI, Section 59, and Article III, Section 52, of the Texas Constitution, and subject to the continuing supervisory jurisdiction of the Texas Commission on Environmental Quality, the bill creates a municipal utility district, with road powers, to be known as Brazoria County Municipal Utility District No. 69, over a tract of land containing approximately 370 acres of land located in the incorporated area and extraterritorial jurisdiction of the City of Pearland in Brazoria County, Texas.
As proposed, S.B. 1042 amends current law relating to the creation of the Brazoria County Municipal Utility District No. 69; grants a limited power of eminent domain; provides authority to issue bonds; and provides authority to impose assessments, fees, and taxes.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subtitle F, Title 6, Special District Local Laws Code, by adding Chapter 7970, as follows:
CHAPTER 7970. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 69
Sets forth standard language for the creation of the Brazoria County Municipal Utility District No. 69 (district) in Brazoria County. Sets forth standards, procedures, requirements, and criteria for:
Creation and approval of the district (Sections 7970.001-7970.006);
Size, composition, election, and terms of the board of directors of the district, including provisions for initial temporary directors (Sections 7970.051-7970.052);
Powers and duties of the district (Sections 7970.101-7970.105); and
General financial provisions and authority to impose a tax and to issue bonds and obligations for the district (Sections 7970.151-7970.203).
SECTION 2. Sets forth the initial boundaries of the district.
SECTION 3. Provides that all requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.
SECTION 4. (a) Amends Subchapter C, Chapter 7970, Special District Local Laws Code as added by SECTION 1 of this Act, by adding Section 7970.106, if this Act does not receive a two-thirds vote of all the members elected to each house, as follows:
Sec. 7970.106. NO EMINENT DOMAIN POWER. Prohibits the district from exercising the power of eminent domain.
(b) Provides that this section is not intended to be an expression of a legislative interpretation of the requirements of Section 17(c) (relating to the legislature enacting certain laws granting eminent domain), Article I (Bill of Rights), Texas Constitution.
SECTION 5. Effective date: upon passage or September 1, 2017.