Texas 2017 - 85th Regular

Texas Senate Bill SB2292 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2292
	1	+	By: Campbell S.B. No. 2292
	2	+	(Kuempel)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		relating to the powers and duties of the Meyer Ranch Municipal
5	7		Utility District of Comal County; affecting an existing limited
6	8		power of eminent domain; providing authority to issue bonds;
7	9		providing authority to impose fees and taxes.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Subtitle F, Title 6, Special District Local Laws
10	12		Code, is amended by adding Chapter 7989 to read as follows:
11	13		CHAPTER 7989. MEYER RANCH MUNICIPAL UTILITY DISTRICT OF COMAL
12	14		COUNTY
13	15		SUBCHAPTER A. GENERAL PROVISIONS
14	16		Sec. 7989.001. DEFINITION. In this chapter, "district"
15	17		means the Meyer Ranch Municipal Utility District of Comal County.
16	18		Sec. 7989.002. NATURE OF DISTRICT. The district is a
17	19		municipal utility district created under Section 59, Article XVI,
18	20		Texas Constitution.
19	21		Sec. 7989.003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
20	22		(a) The district is created to serve a public purpose and benefit.
21	23		(b) The district is created to accomplish the purposes of:
22	24		(1) a municipal utility district as provided by
23	25		general law and Section 59, Article XVI, Texas Constitution; and
24	26		(2) Section 52, Article III, Texas Constitution, that
25	27		relate to the construction, acquisition, improvement, operation,
26	28		or maintenance of macadamized, graveled, or paved roads, or
27	29		improvements, including storm drainage, in aid of those roads.
28	30		SUBCHAPTER B. POWERS AND DUTIES
29	31		Sec. 7989.051. GENERAL POWERS AND DUTIES. The district has
30	32		the powers and duties necessary to accomplish the purposes for
31	33		which the district is created.
32	34		Sec. 7989.052. MUNICIPAL UTILITY DISTRICT POWERS AND
33	35		DUTIES. The district has the powers and duties provided by the
34	36		general law of this state, including Chapters 49 and 54, Water Code,
35	37		applicable to municipal utility districts created under Section 59,
36	38		Article XVI, Texas Constitution.
37	39		Sec. 7989.053. AUTHORITY FOR ROAD PROJECTS. Under Section
38	40		52, Article III, Texas Constitution, the district may design,
39	41		acquire, construct, finance, issue bonds for, improve, operate,
40	42		maintain, and convey to this state, a county, or a municipality for
41	43		operation and maintenance macadamized, graveled, or paved roads, or
42	44		improvements, including storm drainage, in aid of those roads.
43	45		Sec. 7989.054. ROAD STANDARDS AND REQUIREMENTS. (a) A
44	46		road project must meet all applicable construction standards,
45	47		zoning and subdivision requirements, and regulations of each
46	48		municipality in whose corporate limits or extraterritorial
47	49		jurisdiction the road project is located.
48	50		(b) If a road project is not located in the corporate limits
49	51		or extraterritorial jurisdiction of a municipality, the road
50	52		project must meet all applicable construction standards,
51	53		subdivision requirements, and regulations of each county in which
52	54		the road project is located.
53	55		(c) If the state will maintain and operate the road, the
54	56		Texas Transportation Commission must approve the plans and
55	57		specifications of the road project.
56	58		Sec. 7989.055. LIMITATION ON USE OF EMINENT DOMAIN.
57	59		(a) The district may not exercise the power of eminent domain
58	60		outside the boundaries of the district for any purpose unless the
59	61		proposed exercise is approved by a written resolution of the
60	62		commissioners court of each county in which the district is
61	63		located.
62	64		(b) The district may not exercise the power of eminent
63	65		domain before the entire board of directors is composed of
64	66		directors elected by the residents of the district.
65	67		Sec. 7989.056. COMPLIANCE WITH MARCH 2016 AGREEMENT. On
66	68		the date the district becomes a permittee under Texas Pollutant
67	69		Discharge Elimination System Permit No. WQ0015314001, the district
68	70		shall exercise any power necessary to comply with all applicable
69	71		terms of the "Settlement Agreement" of March 29, 2016, between
70	72		Randolph Todd Company, LLC and:
71	73		(1) Patricia and Troy Brand;
72	74		(2) Ellen McClellan;
73	75		(3) Edward Harris;
74	76		(4) Phyllis Yvonne Ritter;
75	77		(5) Carole Farmer;
76	78		(6) Nelda and Ronald Davis;
77	79		(7) Susan Dooley Logue;
78	80		(8) Randall and Nancy Pappas;
79	81		(9) Daniel and Michele Laroe;
80	82		(10) Elizabeth Martin;
81	83		(11) Ted Martin;
82	84		(12) Taylor Martin;
83	85		(13) Hector X. Amaya;
84	86		(14) Sabrina Houser-Amaya;
85	87		(15) Franklin Houser; and
86	88		(16) Bonnie Houser.
87	89		SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
88	90		Sec. 7989.101. AUTHORITY TO ISSUE BONDS AND OTHER
89	91		OBLIGATIONS. (a) The district may issue bonds or other
90	92		obligations payable wholly or partly from ad valorem taxes, impact
91	93		fees, revenue, contract payments, grants, or other district money,
92	94		or any combination of those sources, to pay for a road project
93	95		authorized by Section 7989.053.
94	96		(b) The district may not issue bonds payable from ad valorem
95	97		taxes to finance a road project unless the issuance is approved by a
96	98		vote of a two-thirds majority of the district voters voting at an
97	99		election held for that purpose.
98	100		Sec. 7989.102. TAXES FOR BONDS. At the time the district
99	101		issues bonds payable wholly or partly from ad valorem taxes, the
100	102		board shall provide for the annual imposition of a continuing
101	103		direct ad valorem tax, without limit as to rate or amount, while all
102	104		or part of the bonds are outstanding as required and in the manner
103	105		provided by Sections 54.601 and 54.602, Water Code.
104	106		Sec. 7989.103. BONDS FOR ROAD PROJECTS. At the time of
105	107		issuance, the total principal amount of bonds or other obligations
106	108		issued or incurred to finance road projects and payable from ad
107	109		valorem taxes may not exceed one-fourth of the assessed value of the
108	110		real property in the district.
109	111		SECTION 2. (a) The legal notice of the intention to
110	112		introduce this Act, setting forth the general substance of this
111	113		Act, has been published as provided by law, and the notice and a
112	114		copy of this Act have been furnished to all persons, agencies,
113	115		officials, or entities to which they are required to be furnished
114	116		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
115	117		Government Code.
116	118		(b) The governor, one of the required recipients, has
117	119		submitted the notice and Act to the Texas Commission on
118	120		Environmental Quality.
119	121		(c) The Texas Commission on Environmental Quality has filed
120	122		its recommendations relating to this Act with the governor, the
121	123		lieutenant governor, and the speaker of the house of
122	124		representatives within the required time.
123	125		(d) All requirements of the constitution and laws of this
124	126		state and the rules and procedures of the legislature with respect
125	127		to the notice, introduction, and passage of this Act are fulfilled
126	128		and accomplished.
127	129		SECTION 3. This Act takes effect immediately if it receives
128	130		a vote of two-thirds of all the members elected to each house, as
129	131		provided by Section 39, Article III, Texas Constitution. If this
130	132		Act does not receive the vote necessary for immediate effect, this
131	133		Act takes effect September 1, 2017.
132		-	______________________________ ______________________________
133		-	President of the Senate Speaker of the House
134		-	I hereby certify that S.B. No. 2292 passed the Senate on
135		-	May 19, 2017, by the following vote: Yeas 30, Nays 1.
136		-	______________________________
137		-	Secretary of the Senate
138		-	I hereby certify that S.B. No. 2292 passed the House on
139		-	May 24, 2017, by the following vote: Yeas 137, Nays 9, two
140		-	present not voting.
141		-	______________________________
142		-	Chief Clerk of the House
143		-	Approved:
144		-	______________________________
145		-	Date
146		-	______________________________
147		-	Governor