Texas 2017 - 85th Regular

Texas Senate Bill SB2253 Compare Versions

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1-S.B. No. 2253
1+By: Nichols S.B. No. 2253
2+ (Metcalf)
23
34
5+ A BILL TO BE ENTITLED
46 AN ACT
57 relating to providing road powers to the Montgomery County
68 Municipal Utility District No. 101; providing authority to issue
79 bonds.
810 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
911 SECTION 1. Section 8120.002, Special District Local Laws
1012 Code, is amended to read as follows:
1113 Sec. 8120.002. NATURE OF DISTRICT; FINDINGS OF PUBLIC
1214 PURPOSE AND BENEFIT. (a) The district is created to serve a public
1315 purpose and benefit [a municipal utility district in Montgomery
1416 County created under and essential to accomplish the purposes of
1517 Section 59, Article XVI, Texas Constitution].
1618 (b) The creation of the district is essential to accomplish
1719 the purposes of:
1820 (1) a municipal utility district as provided by
1921 general law and Section 59, Article XVI, Texas Constitution; and
2022 (2) Section 52, Article III, Texas Constitution, that
2123 relate to the construction, acquisition, improvement, operation,
2224 or maintenance of macadamized, graveled, or paved roads, or
2325 improvements, including storm drainage, in aid of those roads.
2426 SECTION 2. Subchapter C, Chapter 8120, Special District
2527 Local Laws Code, is amended by adding Sections 8120.104 and
2628 8120.105 to read as follows:
2729 Sec. 8120.104. AUTHORITY FOR ROAD PROJECTS. Under Section
2830 52, Article III, Texas Constitution, the district may design,
2931 acquire, construct, finance, issue bonds for, improve, operate,
3032 maintain, and convey to this state, a county, or a municipality for
3133 operation and maintenance macadamized, graveled, or paved roads, or
3234 improvements, including storm drainage, in aid of those roads.
3335 Sec. 8120.105. ROAD STANDARDS AND REQUIREMENTS. (a) A
3436 road project must meet all applicable construction standards,
3537 zoning and subdivision requirements, and regulations of each
3638 municipality in whose corporate limits or extraterritorial
3739 jurisdiction the road project is located.
3840 (b) If a road project is not located in the corporate limits
3941 or extraterritorial jurisdiction of a municipality, the road
4042 project must meet all applicable construction standards,
4143 subdivision requirements, and regulations of each county in which
4244 the road project is located.
4345 (c) If the state will maintain and operate the road, the
4446 Texas Transportation Commission must approve the plans and
4547 specifications of the road project.
4648 SECTION 3. Chapter 8120, Special District Local Laws Code,
4749 is amended by adding Subchapter D to read as follows:
4850 SUBCHAPTER D. BONDS
4951 Sec. 8120.151. BONDS FOR ROAD PROJECTS. At the time of
5052 issuance, the total principal amount of bonds or other obligations
5153 issued or incurred to finance road projects and payable from ad
5254 valorem taxes may not exceed one-fourth of the assessed value of the
5355 real property in the district.
5456 SECTION 4. (a) The legal notice of the intention to
5557 introduce this Act, setting forth the general substance of this
5658 Act, has been published as provided by law, and the notice and a
5759 copy of this Act have been furnished to all persons, agencies,
5860 officials, or entities to which they are required to be furnished
5961 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
6062 Government Code.
6163 (b) The governor, one of the required recipients, has
6264 submitted the notice and Act to the Texas Commission on
6365 Environmental Quality.
6466 (c) The Texas Commission on Environmental Quality has filed
6567 its recommendations relating to this Act with the governor, the
6668 lieutenant governor, and the speaker of the house of
6769 representatives within the required time.
6870 (d) All requirements of the constitution and laws of this
6971 state and the rules and procedures of the legislature with respect
7072 to the notice, introduction, and passage of this Act are fulfilled
7173 and accomplished.
7274 SECTION 5. This Act takes effect immediately if it receives
7375 a vote of two-thirds of all the members elected to each house, as
7476 provided by Section 39, Article III, Texas Constitution. If this
7577 Act does not receive the vote necessary for immediate effect, this
7678 Act takes effect September 1, 2017.
77- ______________________________ ______________________________
78- President of the Senate Speaker of the House
79- I hereby certify that S.B. No. 2253 passed the Senate on
80- May 4, 2017, by the following vote: Yeas 31, Nays 0.
81- ______________________________
82- Secretary of the Senate
83- I hereby certify that S.B. No. 2253 passed the House on
84- May 24, 2017, by the following vote: Yeas 142, Nays 4, two
85- present not voting.
86- ______________________________
87- Chief Clerk of the House
88- Approved:
89- ______________________________
90- Date
91- ______________________________
92- Governor