Texas 2019 - 86th Regular

Texas House Bill HB1829 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1829
	1	+	By: Stephenson (Senate Sponsor - Huffman) H.B. No. 1829
	2	+	(In the Senate - Received from the House April 15, 2019;
	3	+	April 16, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 16, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 16, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the powers and duties of the Fort Bend County Municipal
6	12		Utility District No. 225; providing authority to issue bonds;
7	13		providing authority to impose a tax.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Subtitle F, Title 6, Special District Local Laws
10	16		Code, is amended by adding Chapter 8069 to read as follows:
11	17		CHAPTER 8069. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 225
12	18		SUBCHAPTER A. GENERAL PROVISIONS
13	19		Sec. 8069.0101. DEFINITIONS. In this chapter:
14	20		(1) "Board" means the district's board of directors.
15	21		(2) "District" means the Fort Bend County Municipal
16	22		Utility District No. 225.
17	23		Sec. 8069.0102. NATURE AND PURPOSES OF DISTRICT. (a) The
18	24		district is a municipal utility district created under Section 59,
19	25		Article XVI, Texas Constitution.
20	26		(b) The district is created to accomplish the purposes of:
21	27		(1) a municipal utility district as provided by
22	28		general law and Section 59, Article XVI, Texas Constitution; and
23	29		(2) Section 52, Article III, Texas Constitution, that
24	30		relate to the construction, acquisition, improvement, operation,
25	31		or maintenance of macadamized, graveled, or paved roads, or
26	32		improvements, including storm drainage, in aid of those roads.
27	33		SUBCHAPTER B. POWERS AND DUTIES
28	34		Sec. 8069.0201. GENERAL POWERS AND DUTIES. The district
29	35		has the powers and duties necessary to accomplish the purposes for
30	36		which the district is created.
31	37		Sec. 8069.0202. MUNICIPAL UTILITY DISTRICT POWERS AND
32	38		DUTIES. The district has the powers and duties provided by the
33	39		general law of this state, including Chapters 49 and 54, Water Code,
34	40		applicable to municipal utility districts created under Section 59,
35	41		Article XVI, Texas Constitution.
36	42		Sec. 8069.0203. AUTHORITY FOR ROAD PROJECTS. Under Section
37	43		52, Article III, Texas Constitution, the district may design,
38	44		acquire, construct, finance, issue bonds for, improve, operate,
39	45		maintain, and convey to this state, a county, or a municipality for
40	46		operation and maintenance macadamized, graveled, or paved roads, or
41	47		improvements, including storm drainage, in aid of those roads.
42	48		Sec. 8069.0204. ROAD STANDARDS AND REQUIREMENTS. (a) A
43	49		road project must meet all applicable construction standards,
44	50		zoning and subdivision requirements, and regulations of each
45	51		municipality in whose corporate limits or extraterritorial
46	52		jurisdiction the road project is located.
47	53		(b) If a road project is not located in the corporate limits
48	54		or extraterritorial jurisdiction of a municipality, the road
49	55		project must meet all applicable construction standards,
50	56		subdivision requirements, and regulations of each county in which
51	57		the road project is located.
52	58		(c) If the state will maintain and operate the road, the
53	59		Texas Transportation Commission must approve the plans and
54	60		specifications of the road project.
55	61		SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
56	62		Sec. 8069.0301. AUTHORITY TO ISSUE BONDS AND OTHER
57	63		OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
58	64		other obligations payable wholly or partly from ad valorem taxes,
59	65		impact fees, revenue, contract payments, grants, or other district
60	66		money, or any combination of those sources, to pay for a road
61	67		project authorized by Section 8069.0203.
62	68		(b) The district may not issue bonds payable from ad valorem
63	69		taxes to finance a road project unless the issuance is approved by a
64	70		vote of a two-thirds majority of the district voters voting at an
65	71		election held for that purpose.
66	72		(c) At the time of issuance, the total principal amount of
67	73		bonds or other obligations issued or incurred to finance road
68	74		projects and payable from ad valorem taxes may not exceed
69	75		one-fourth of the assessed value of the real property in the
70	76		district.
71	77		Sec. 8069.0302. TAXES FOR BONDS. At the time the district
72	78		issues bonds payable wholly or partly from ad valorem taxes, the
73	79		board shall provide for the annual imposition of a continuing
74	80		direct ad valorem tax, without limit as to rate or amount, while all
75	81		or part of the bonds are outstanding as required and in the manner
76	82		provided by Sections 54.601 and 54.602, Water Code.
77	83		SECTION 2. The Fort Bend County Municipal Utility District
78	84		No. 225 retains all the rights, powers, privileges, authority,
79	85		duties, and functions that it had before the effective date of this
80	86		Act.
81	87		SECTION 3. (a) The legislature validates and confirms all
82	88		governmental acts and proceedings of the Fort Bend County Municipal
83	89		Utility District No. 225 that were taken before the effective date
84	90		of this Act.
85	91		(b) This section does not apply to any matter that on the
86	92		effective date of this Act:
87	93		(1) is involved in litigation if the litigation
88	94		ultimately results in the matter being held invalid by a final court
89	95		judgment; or
90	96		(2) has been held invalid by a final court judgment.
91	97		SECTION 4. (a) The legal notice of the intention to
92	98		introduce this Act, setting forth the general substance of this
93	99		Act, has been published as provided by law, and the notice and a
94	100		copy of this Act have been furnished to all persons, agencies,
95	101		officials, or entities to which they are required to be furnished
96	102		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
97	103		Government Code.
98	104		(b) The governor, one of the required recipients, has
99	105		submitted the notice and Act to the Texas Commission on
100	106		Environmental Quality.
101	107		(c) The Texas Commission on Environmental Quality has filed
102	108		its recommendations relating to this Act with the governor, the
103	109		lieutenant governor, and the speaker of the house of
104	110		representatives within the required time.
105	111		(d) All requirements of the constitution and laws of this
106	112		state and the rules and procedures of the legislature with respect
107	113		to the notice, introduction, and passage of this Act are fulfilled
108	114		and accomplished.
109	115		SECTION 5. This Act takes effect immediately if it receives
110	116		a vote of two-thirds of all the members elected to each house, as
111	117		provided by Section 39, Article III, Texas Constitution. If this
112	118		Act does not receive the vote necessary for immediate effect, this
113	119		Act takes effect September 1, 2019.
114		-	______________________________ ______________________________
115		-	President of the Senate Speaker of the House
116		-	I certify that H.B. No. 1829 was passed by the House on April
117		-	12, 2019, by the following vote: Yeas 138, Nays 5, 2 present, not
118		-	voting.
119		-	______________________________
120		-	Chief Clerk of the House
121		-	I certify that H.B. No. 1829 was passed by the Senate on May
122		-	22, 2019, by the following vote: Yeas 30, Nays 1.
123		-	______________________________
124		-	Secretary of the Senate
125		-	APPROVED: _____________________
126		-	Date
127		-	_____________________
128		-	Governor
	120	+	* * * * *