Texas 2017 - 85th Regular

Texas Senate Bill SB2261 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	85R17848 GRM-F
1	2		By: Kolkhorst S.B. No. 2261
2		-	(In the Senate - Filed March 28, 2017; April 3, 2017, read
3		-	first time and referred to Committee on Intergovernmental
4		-	Relations; April 24, 2017, reported favorably by the following
5		-	vote: Yeas 6, Nays 0; April 24, 2017, sent to printer.)
6		-	Click here to see the committee vote
7	3
8	4
9	5		A BILL TO BE ENTITLED
10	6		AN ACT
11	7		relating to the powers and duties of the Fort Bend County Municipal
12	8		Utility District No. 50; providing authority to issue bonds;
13	9		providing authority to impose a tax.
14	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	11		SECTION 1. Subtitle F, Title 6, Special District Local Laws
16	12		Code, is amended by adding Chapter 7993 to read as follows:
17	13		CHAPTER 7993. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 50
18	14		SUBCHAPTER A. GENERAL PROVISIONS
19	15		Sec. 7993.001. DEFINITION. In this chapter, "district"
20	16		means the Fort Bend County Municipal Utility District No. 50.
21	17		Sec. 7993.002. NATURE OF DISTRICT. The district is a
22	18		municipal utility district created under Section 59, Article XVI,
23	19		Texas Constitution.
24		-	Sec. 7993.003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
25		-	~~(a)~~ The district is created to serve a public purpose and benefit.
	20	+	Sec. 7993.003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
	21	+	The district is created to serve a public purpose and benefit.
26	22		(b) The district is created to accomplish the purposes of:
27	23		(1) a municipal utility district as provided by
28	24		general law and Section 59, Article XVI, Texas Constitution; and
29	25		(2) Section 52, Article III, Texas Constitution, that
30	26		relate to the construction, acquisition, improvement, operation,
31	27		or maintenance of macadamized, graveled, or paved roads, or
32	28		improvements, including storm drainage, in aid of those roads.
33	29		SUBCHAPTER B. POWERS AND DUTIES
34	30		Sec. 7993.051. GENERAL POWERS AND DUTIES. The district has
35	31		the powers and duties necessary to accomplish the purposes for
36	32		which the district is created.
37	33		Sec. 7993.052. MUNICIPAL UTILITY DISTRICT POWERS AND
38	34		DUTIES. The district has the powers and duties provided by the
39	35		general law of this state, including Chapters 49 and 54, Water Code,
40	36		applicable to municipal utility districts created under Section 59,
41	37		Article XVI, Texas Constitution.
42	38		Sec. 7993.053. AUTHORITY FOR ROAD PROJECTS. Under Section
43	39		52, Article III, Texas Constitution, the district may design,
44	40		acquire, construct, finance, issue bonds for, improve, operate,
45	41		maintain, and convey to this state, a county, or a municipality for
46	42		operation and maintenance macadamized, graveled, or paved roads, or
47	43		improvements, including storm drainage, in aid of those roads.
48		-	Sec. 7993.054. ROAD STANDARDS AND REQUIREMENTS. (a) A
49		-	~~road~~ project must meet all applicable construction standards,
50		-	~~zoning and~~ subdivision requirements, and regulations of each
51		-	~~municipality in~~ whose corporate limits or extraterritorial
52		-	~~jurisdiction the road~~ project is located.
	44	+	Sec. 7993.054. ROAD STANDARDS AND REQUIREMENTS. (a) A road
	45	+	project must meet all applicable construction standards, zoning and
	46	+	subdivision requirements, and regulations of each municipality in
	47	+	whose corporate limits or extraterritorial jurisdiction the road
	48	+	project is located.
53	49		(b) If a road project is not located in the corporate limits
54	50		or extraterritorial jurisdiction of a municipality, the road
55	51		project must meet all applicable construction standards,
56	52		subdivision requirements, and regulations of each county in which
57	53		the road project is located.
58	54		(c) If the state will maintain and operate the road, the
59	55		Texas Transportation Commission must approve the plans and
60	56		specifications of the road project.
61	57		Sec. 7993.055. AUTHORITY TO ESTABLISH DEFINED AREAS.
62	58		Notwithstanding the acreage requirement under Section 54.801(a),
63	59		Water Code, the district may establish and administer defined areas
64	60		as provided by Subchapter J, Chapter 54, Water Code.
65	61		Sec. 7993.056. ADDITION OR EXCLUSION OF LAND IN DEFINED
66	62		AREA. The district may add or exclude land from the defined areas
67	63		in the same manner the district may add or exclude land from the
68	64		district.
69	65		SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
70	66		Sec. 7993.101. AUTHORITY TO ISSUE BONDS AND OTHER
71		-	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds
72		-	or other obligations payable wholly or partly from ad valorem
73		-	~~taxes,~~ impact fees, revenue, contract payments, grants, or other
74		-	~~district~~ money, or any combination of those sources, to pay for a
75		-	~~road~~ project authorized by Section 7993.053.
	67	+	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
	68	+	other obligations payable wholly or partly from ad valorem taxes,
	69	+	impact fees, revenue, contract payments, grants, or other district
	70	+	money, or any combination of those sources, to pay for a road
	71	+	project authorized by Section 7993.053.
76	72		(b) The district may not issue bonds payable from ad valorem
77	73		taxes to finance a road project unless the issuance is approved by a
78	74		vote of a two-thirds majority of the district voters voting at an
79	75		election held for that purpose.
80	76		(c) At the time of issuance, the total principal amount of
81	77		bonds or other obligations issued or incurred to finance road
82	78		projects and payable from ad valorem taxes may not exceed
83	79		one-fourth of the assessed value of the real property in the
84	80		district.
85	81		Sec. 7993.102. TAXES FOR BONDS. At the time the district
86	82		issues bonds payable wholly or partly from ad valorem taxes, the
87	83		district shall provide for the annual imposition of a continuing
88	84		direct ad valorem tax, without limit as to rate or amount, while all
89	85		or part of the bonds are outstanding as required and in the manner
90	86		provided by Sections 54.601 and 54.602, Water Code.
91	87		SECTION 2. The Fort Bend County Municipal Utility District
92	88		No. 50 retains all the rights, powers, privileges, authority,
93	89		duties, and functions that it had before the effective date of this
94	90		Act.
95	91		SECTION 3. (a) The legislature validates and confirms all
96	92		acts and proceedings of the board of directors of the Fort Bend
97	93		County Municipal Utility District No. 50 that were taken before the
98	94		effective date of this Act.
99	95		(b) Subsection (a) of this section does not apply to any
100	96		matter that on the effective date of this Act:
101	97		(1) is involved in litigation if the litigation
102	98		ultimately results in the matter being held invalid by a final
103	99		judgment of a court; or
104	100		(2) has been held invalid by a final judgment of a
105	101		court.
106	102		SECTION 4. (a) The legal notice of the intention to
107	103		introduce this Act, setting forth the general substance of this
108	104		Act, has been published as provided by law, and the notice and a
109	105		copy of this Act have been furnished to all persons, agencies,
110	106		officials, or entities to which they are required to be furnished
111	107		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
112	108		Government Code.
113	109		(b) The governor, one of the required recipients, has
114	110		submitted the notice and Act to the Texas Commission on
115	111		Environmental Quality.
116	112		(c) The Texas Commission on Environmental Quality has filed
117	113		its recommendations relating to this Act with the governor, the
118	114		lieutenant governor, and the speaker of the house of
119	115		representatives within the required time.
120	116		(d) All requirements of the constitution and laws of this
121	117		state and the rules and procedures of the legislature with respect
122	118		to the notice, introduction, and passage of this Act are fulfilled
123	119		and accomplished.
124	120		SECTION 5. This Act takes effect immediately if it receives
125	121		a vote of two-thirds of all the members elected to each house, as
126	122		provided by Section 39, Article III, Texas Constitution. If this
127	123		Act does not receive the vote necessary for immediate effect, this
128	124		Act takes effect September 1, 2017.
129		-	* * * * *