Texas 2017 - 85th Regular

Texas Senate Bill SB2263 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2263
	1	+	By: Campbell S.B. No. 2263
	2	+	(Kuempel)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		relating to the powers and duties of the Lerin Hills Municipal
5	7		Utility District of Kendall County; providing authority to issue
6	8		bonds and impose fees and taxes.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Subtitle F, Title 6, Special District Local Laws
9	11		Code, is amended by adding Chapter 8001 to read as follows:
10	12		CHAPTER 8001. LERIN HILLS MUNICIPAL UTILITY DISTRICT OF KENDALL
11	13		COUNTY
12	14		SUBCHAPTER A. GENERAL PROVISIONS
13	15		Sec. 8001.001. DEFINITION. In this chapter, "district"
14	16		means the Lerin Hills Municipal Utility District of Kendall County.
15	17		Sec. 8001.002. NATURE AND PURPOSES OF DISTRICT. (a) The
16	18		district is a municipal utility district created under Section 59,
17	19		Article XVI, Texas Constitution.
18	20		(b) The district is essential to accomplish the purposes of:
19	21		(1) a municipal utility district as provided by
20	22		general law and Section 59, Article XVI, Texas Constitution; and
21	23		(2) Section 52, Article III, Texas Constitution, that
22	24		relate to the construction, acquisition, improvement, operation,
23	25		or maintenance of macadamized, graveled, or paved roads, or
24	26		improvements, including storm drainage, in aid of those roads.
25	27		SUBCHAPTER B. POWERS AND DUTIES
26	28		Sec. 8001.051. GENERAL POWERS AND DUTIES. The district has
27	29		the powers and duties necessary to accomplish the purposes
28	30		described by Section 8001.002.
29	31		Sec. 8001.052. MUNICIPAL UTILITY DISTRICT POWERS AND
30	32		DUTIES. The district has the powers and duties provided by the
31	33		general law of this state, including Chapters 49 and 54, Water Code,
32	34		applicable to municipal utility districts created under Section 59,
33	35		Article XVI, Texas Constitution.
34	36		Sec. 8001.053. AUTHORITY FOR ROAD PROJECTS. Under Section
35	37		52, Article III, Texas Constitution, the district may design,
36	38		acquire, construct, finance, issue bonds for, improve, operate,
37	39		maintain, and convey to this state, a county, or a municipality for
38	40		operation and maintenance macadamized, graveled, or paved roads, or
39	41		improvements, including storm drainage, in aid of those roads.
40	42		Sec. 8001.054. ROAD STANDARDS AND REQUIREMENTS. (a) A
41	43		road project must meet all applicable construction standards,
42	44		zoning and subdivision requirements, and regulations of each
43	45		municipality in whose corporate limits or extraterritorial
44	46		jurisdiction the road project is located.
45	47		(b) If a road project is not located in the corporate limits
46	48		or extraterritorial jurisdiction of a municipality, the road
47	49		project must meet all applicable construction standards,
48	50		subdivision requirements, and regulations of each county in which
49	51		the road project is located.
50	52		(c) If the state will maintain and operate the road, the
51	53		Texas Transportation Commission must approve the plans and
52	54		specifications of the road project.
53	55		SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
54	56		Sec. 8001.101. AUTHORITY TO ISSUE BONDS AND OTHER
55	57		OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds
56	58		or other obligations payable wholly or partly from ad valorem
57	59		taxes, impact fees, revenue, contract payments, grants, or other
58	60		district money, or any combination of those sources, to pay for a
59	61		road project authorized by Section 8001.053.
60	62		(b) The district may not issue bonds payable from ad valorem
61	63		taxes to finance a road project unless the issuance is approved by a
62	64		vote of a two-thirds majority of the district voters voting at an
63	65		election held for that purpose.
64	66		(c) At the time of issuance, the total principal amount of
65	67		bonds or other obligations issued or incurred to finance road
66	68		projects and payable from ad valorem taxes may not exceed
67	69		one-fourth of the assessed value of the real property in the
68	70		district.
69	71		Sec. 8001.102. TAXES FOR BONDS. At the time the district
70	72		issues bonds payable wholly or partly from ad valorem taxes, the
71	73		district shall provide for the annual imposition of a continuing
72	74		direct ad valorem tax, without limit as to rate or amount, while all
73	75		or part of the bonds are outstanding as required and in the manner
74	76		provided by Sections 54.601 and 54.602, Water Code.
75	77		SECTION 2. The Lerin Hills Municipal Utility District of
76	78		Kendall County retains all the rights, powers, privileges,
77	79		authority, duties, and functions that it had before the effective
78	80		date of this Act.
79	81		SECTION 3. (a) The legislature validates and confirms all
80	82		acts and proceedings of the board of directors of the Lerin Hills
81	83		Municipal Utility District of Kendall County that were taken before
82	84		the effective date of this Act.
83	85		(b) Subsection (a) of this section does not apply to any
84	86		matter that on the effective date of this Act:
85	87		(1) is involved in litigation if the litigation
86	88		ultimately results in the matter being held invalid by a final
87	89		judgment of a court; or
88	90		(2) has been held invalid by a final judgment of a
89	91		court.
90	92		SECTION 4. (a) The legal notice of the intention to
91	93		introduce this Act, setting forth the general substance of this
92	94		Act, has been published as provided by law, and the notice and a
93	95		copy of this Act have been furnished to all persons, agencies,
94	96		officials, or entities to which they are required to be furnished
95	97		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
96	98		Government Code.
97	99		(b) The governor, one of the required recipients, has
98	100		submitted the notice and Act to the Texas Commission on
99	101		Environmental Quality.
100	102		(c) The Texas Commission on Environmental Quality has filed
101	103		its recommendations relating to this Act with the governor, the
102	104		lieutenant governor, and the speaker of the house of
103	105		representatives within the required time.
104	106		(d) All requirements of the constitution and laws of this
105	107		state and the rules and procedures of the legislature with respect
106	108		to the notice, introduction, and passage of this Act are fulfilled
107	109		and accomplished.
108	110		SECTION 5. This Act takes effect immediately if it receives
109	111		a vote of two-thirds of all the members elected to each house, as
110	112		provided by Section 39, Article III, Texas Constitution. If this
111	113		Act does not receive the vote necessary for immediate effect, this
112	114		Act takes effect September 1, 2017.
113		-	______________________________ ______________________________
114		-	President of the Senate Speaker of the House
115		-	I hereby certify that S.B. No. 2263 passed the Senate on
116		-	May 4, 2017, by the following vote: Yeas 31, Nays 0.
117		-	______________________________
118		-	Secretary of the Senate
119		-	I hereby certify that S.B. No. 2263 passed the House on
120		-	May 24, 2017, by the following vote: Yeas 137, Nays 9, two
121		-	present not voting.
122		-	______________________________
123		-	Chief Clerk of the House
124		-	Approved:
125		-	______________________________
126		-	Date
127		-	______________________________
128		-	Governor