Texas 2019 - 86th Regular

Texas House Bill HB4646 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4646
	1	+	By: Harless (Senate Sponsor - Bettencourt) H.B. No. 4646
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 6, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 15, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 15, 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 Cy-Champ Public Utility
6	12		District; providing authority to issue bonds; providing authority
7	13		to impose a tax.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Sections 8178.003(b) and (c), Special District
10	16		Local Laws Code, are amended to read as follows:
11	17		(b) All land and other property included in the boundaries
12	18		of the district will benefit from the works and projects
13	19		accomplished by the district under the powers conferred by Section
14	20		59, Article XVI, Texas Constitution, and Section 52, Article III,
15	21		Texas Constitution.
16	22		(c) The creation of the district is essential to accomplish
17	23		the purposes of:
18	24		(1) a municipal utility district as provided by
19	25		general law and Section 59, Article XVI, Texas Constitution; and
20	26		(2) Section 52, Article III, Texas Constitution, that
21	27		relate to the construction, acquisition, improvement, operation,
22	28		or maintenance of macadamized, graveled, or paved roads, or
23	29		improvements, including storm drainage, in aid of those roads.
24	30		SECTION 2. Subchapter C, Chapter 8178, Special District
25	31		Local Laws Code, is amended by adding Sections 8178.102, 8178.103,
26	32		8178.104, and 8178.105 to read as follows:
27	33		Sec. 8178.102. AUTHORITY FOR ROAD PROJECTS. Under Section
28	34		52, Article III, Texas Constitution, the district may design,
29	35		acquire, construct, finance, issue bonds for, improve, operate,
30	36		maintain, and convey to this state, a county, or a municipality for
31	37		operation and maintenance macadamized, graveled, or paved roads, or
32	38		improvements, including storm drainage, in aid of those roads.
33	39		Sec. 8178.103. ROAD STANDARDS AND REQUIREMENTS. (a) A road
34	40		project must meet all applicable construction standards, zoning and
35	41		subdivision requirements, and regulations of each municipality in
36	42		whose corporate limits or extraterritorial jurisdiction the road
37	43		project is located.
38	44		(b) If a road project is not located in the corporate limits
39	45		or extraterritorial jurisdiction of a municipality, the road
40	46		project must meet all applicable construction standards,
41	47		subdivision requirements, and regulations of each county in which
42	48		the road project is located.
43	49		(c) If the state will maintain and operate the road, the
44	50		Texas Transportation Commission must approve the plans and
45	51		specifications of the road project.
46	52		Sec. 8178.104. AUTHORITY TO ESTABLISH DEFINED AREAS.
47	53		Notwithstanding the acreage requirement under Section 54.801(a),
48	54		Water Code, the district may establish and administer defined areas
49	55		as provided by Subchapter J, Chapter 54, Water Code.
50	56		Sec. 8178.105. ADDITION OR EXCLUSION OF LAND IN DEFINED
51	57		AREA. The district may add or exclude land from the defined areas
52	58		in the same manner the district may add or exclude land from the
53	59		district.
54	60		SECTION 3. Chapter 8178, Special District Local Laws Code,
55	61		is amended by adding Subchapter D to read as follows:
56	62		SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS FOR ROAD PROJECTS
57	63		Sec. 8178.151. AUTHORITY TO ISSUE BONDS AND OTHER
58	64		OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
59	65		other obligations payable wholly or partly from ad valorem taxes,
60	66		impact fees, revenue, contract payments, grants, or other district
61	67		money, or any combination of those sources, to pay for a road
62	68		project authorized by Section 8178.102.
63	69		(b) The district may not issue bonds payable from ad valorem
64	70		taxes to finance a road project unless the issuance is approved by a
65	71		vote of a two-thirds majority of the district voters voting at an
66	72		election held for that purpose.
67	73		(c) At the time of issuance, the total principal amount of
68	74		outstanding bonds or other obligations issued or incurred to
69	75		finance road projects and payable from ad valorem taxes may not
70	76		exceed one-fourth of the assessed value of the real property in the
71	77		district.
72	78		Sec. 8178.152. TAXES FOR ROAD BONDS. At the time the
73	79		district issues bonds for road projects payable wholly or partly
74	80		from ad valorem taxes, the district shall provide for the annual
75	81		imposition of a continuing direct ad valorem tax, without limit as
76	82		to rate or amount, while all or part of the bonds are outstanding as
77	83		required and in the manner provided by Sections 54.601 and 54.602,
78	84		Water Code.
79	85		SECTION 4. The Cy-Champ Public Utility District retains all
80	86		the rights, powers, privileges, authority, duties, and functions
81	87		that it had before the effective date of this Act.
82	88		SECTION 5. (a) The legislature validates and confirms all
83	89		governmental acts and proceedings of the board of directors of the
84	90		Cy-Champ Public Utility District that were taken before the
85	91		effective date of this Act.
86	92		(b) This section does not apply to any matter that on the
87	93		effective date of this Act:
88	94		(1) is involved in litigation if the litigation
89	95		ultimately results in the matter being held invalid by a final court
90	96		judgment; or
91	97		(2) has been held invalid by a final court judgment.
92	98		SECTION 6. (a) The legal notice of the intention to
93	99		introduce this Act, setting forth the general substance of this
94	100		Act, has been published as provided by law, and the notice and a
95	101		copy of this Act have been furnished to all persons, agencies,
96	102		officials, or entities to which they are required to be furnished
97	103		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
98	104		Government Code.
99	105		(b) The governor, one of the required recipients, has
100	106		submitted the notice and Act to the Texas Commission on
101	107		Environmental Quality.
102	108		(c) The Texas Commission on Environmental Quality has filed
103	109		its recommendations relating to this Act with the governor, the
104	110		lieutenant governor, and the speaker of the house of
105	111		representatives within the required time.
106	112		(d) All requirements of the constitution and laws of this
107	113		state and the rules and procedures of the legislature with respect
108	114		to the notice, introduction, and passage of this Act are fulfilled
109	115		and accomplished.
110	116		SECTION 7. This Act takes effect immediately if it receives
111	117		a vote of two-thirds of all the members elected to each house, as
112	118		provided by Section 39, Article III, Texas Constitution. If this
113	119		Act does not receive the vote necessary for immediate effect, this
114	120		Act takes effect September 1, 2019.
115		-	______________________________ ______________________________
116		-	President of the Senate Speaker of the House
117		-	I certify that H.B. No. 4646 was passed by the House on May 3,
118		-	2019, by the following vote: Yeas 127, Nays 13, 2 present, not
119		-	voting.
120		-	______________________________
121		-	Chief Clerk of the House
122		-	I certify that H.B. No. 4646 was passed by the Senate on May
123		-	21, 2019, by the following vote: Yeas 30, Nays 1.
124		-	______________________________
125		-	Secretary of the Senate
126		-	APPROVED: _____________________
127		-	Date
128		-	_____________________
129		-	Governor
	121	+	* * * * *