Texas 2019 - 86th Regular

Texas House Bill HB4654 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4654
	1	+	By: Metcalf (Senate Sponsor - Creighton) H.B. No. 4654
	2	+	(In the Senate - Received from the House April 29, 2019;
	3	+	April 29, 2019, read first time and referred to Committee on
	4	+	Administration; May 3, 2019, reported favorably by the following
	5	+	vote: Yeas 4, Nays 0; May 3, 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 board of directors and powers and duties of the East
6	12		Montgomery County Municipal Utility District No. 12; providing
7	13		authority to issue bonds; providing authority to impose
8	14		assessments, fees, and taxes.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Section 8116.002, Special District Local Laws
11	17		Code, is amended to read as follows:
12	18		Sec. 8116.002. NATURE AND PURPOSES OF DISTRICT. (a) The
13	19		district is [a municipal utility district in Montgomery County]
14	20		created to serve a public purpose and benefit [under and essential
15	21		to accomplish the purposes of Section 59, Article XVI, Texas
16	22		Constitution].
17	23		(b) The district is created to accomplish 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. Section 8116.051(b), Special District Local Laws
25	31		Code, is amended to read as follows:
26	32		(b) Except as provided by Section 8116.053, directors
27	33		[Directors] serve staggered four-year terms.
28	34		SECTION 3. Subchapter B, Chapter 8116, Special District
29	35		Local Laws Code, is amended by adding Section 8116.053 to read as
30	36		follows:
31	37		Sec. 8116.053. TEMPORARY DIRECTORS. (a) The temporary
32	38		board consists of:
33	39		(1) Larry Williams;
34	40		(2) Rachel Maybray;
35	41		(3) Michael Others;
36	42		(4) Virginia French; and
37	43		(5) Valerie Mullan.
38	44		(b) Temporary directors serve until the earlier of:
39	45		(1) the date permanent directors are elected at an
40	46		election held under Section 49.102, Water Code; or
41	47		(2) the fourth anniversary of the effective date of
42	48		the Act enacting this section.
43	49		(c) If permanent directors have not been elected at an
44	50		election held under Section 49.102, Water Code, and the terms of the
45	51		temporary directors have expired, successor temporary directors
46	52		shall be appointed or reappointed as provided by Subsection (d) to
47	53		serve terms that expire on the earlier of:
48	54		(1) the date permanent directors are elected at an
49	55		election held under Section 49.102, Water Code; or
50	56		(2) the fourth anniversary of the date of the
51	57		appointment or reappointment.
52	58		(d) If Subsection (c) applies, the owner or owners of a
53	59		majority of the assessed value of the real property in the district
54	60		may submit a petition to the Texas Commission on Environmental
55	61		Quality requesting that the commission appoint as successor
56	62		temporary directors the five persons named in the petition. The
57	63		Texas Commission on Environmental Quality shall appoint as
58	64		successor temporary directors the five persons named in the
59	65		petition.
60	66		SECTION 4. Subchapter C, Chapter 8116, Special District
61	67		Local Laws Code, is amended by adding Sections 8116.104, 8116.105,
62	68		8116.106, and 8116.107 to read as follows:
63	69		Sec. 8116.104. GENERAL POWERS AND DUTIES. The district has
64	70		the powers and duties necessary to accomplish the purposes for
65	71		which the district is created.
66	72		Sec. 8116.105. MUNICIPAL UTILITY DISTRICT POWERS AND
67	73		DUTIES. The district has the powers and duties provided by the
68	74		general law of this state, including Chapters 49 and 54, Water Code,
69	75		applicable to municipal utility districts created under Section 59,
70	76		Article XVI, Texas Constitution.
71	77		Sec. 8116.106. AUTHORITY FOR ROAD PROJECTS. Under Section
72	78		52, Article III, Texas Constitution, the district may design,
73	79		acquire, construct, finance, issue bonds for, improve, operate,
74	80		maintain, and convey to this state, a county, or a municipality for
75	81		operation and maintenance macadamized, graveled, or paved roads, or
76	82		improvements, including storm drainage, in aid of those roads.
77	83		Sec. 8116.107. ROAD STANDARDS AND REQUIREMENTS. (a) A road
78	84		project must meet all applicable construction standards, zoning and
79	85		subdivision requirements, and regulations of each municipality in
80	86		whose corporate limits or extraterritorial jurisdiction the road
81	87		project is located.
82	88		(b) If a road project is not located in the corporate limits
83	89		or extraterritorial jurisdiction of a municipality, the road
84	90		project must meet all applicable construction standards,
85	91		subdivision requirements, and regulations of each county in which
86	92		the road project is located.
87	93		(c) If the state will maintain and operate the road, the
88	94		Texas Transportation Commission must approve the plans and
89	95		specifications of the road project.
90	96		SECTION 5. Chapter 8116, Special District Local Laws Code,
91	97		is amended by adding Subchapters D and E to read as follows:
92	98		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
93	99		Sec. 8116.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
94	100		district may issue, without an election, bonds and other
95	101		obligations secured by:
96	102		(1) revenue other than ad valorem taxes; or
97	103		(2) contract payments described by Section 8116.153.
98	104		(b) The district must hold an election in the manner
99	105		provided by Chapters 49 and 54, Water Code, to obtain voter approval
100	106		before the district may impose an ad valorem tax or issue bonds
101	107		payable from ad valorem taxes.
102	108		(c) The district may not issue bonds payable from ad valorem
103	109		taxes to finance a road project unless the issuance is approved by a
104	110		vote of a two-thirds majority of the district voters voting at an
105	111		election held for that purpose.
106	112		Sec. 8116.152. OPERATION AND MAINTENANCE TAX. (a) If
107	113		authorized at an election held under Section 8116.151, the district
108	114		may impose an operation and maintenance tax on taxable property in
109	115		the district in accordance with Section 49.107, Water Code.
110	116		(b) The board shall determine the tax rate. The rate may not
111	117		exceed the rate approved at the election.
112	118		Sec. 8116.153. CONTRACT TAXES. (a) In accordance with
113	119		Section 49.108, Water Code, the district may impose a tax other than
114	120		an operation and maintenance tax and use the revenue derived from
115	121		the tax to make payments under a contract after the provisions of
116	122		the contract have been approved by a majority of the district voters
117	123		voting at an election held for that purpose.
118	124		(b) A contract approved by the district voters may contain a
119	125		provision stating that the contract may be modified or amended by
120	126		the board without further voter approval.
121	127		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
122	128		Sec. 8116.201. AUTHORITY TO ISSUE BONDS AND OTHER
123	129		OBLIGATIONS. The district may issue bonds or other obligations
124	130		payable wholly or partly from ad valorem taxes, impact fees,
125	131		revenue, contract payments, grants, or other district money, or any
126	132		combination of those sources, to pay for any authorized district
127	133		purpose.
128	134		Sec. 8116.202. TAXES FOR BONDS. At the time the district
129	135		issues bonds payable wholly or partly from ad valorem taxes, the
130	136		board shall provide for the annual imposition of a continuing
131	137		direct ad valorem tax, without limit as to rate or amount, while all
132	138		or part of the bonds are outstanding as required and in the manner
133	139		provided by Sections 54.601 and 54.602, Water Code.
134	140		Sec. 8116.203. BONDS FOR ROAD PROJECTS. At the time of
135	141		issuance, the total principal amount of bonds or other obligations
136	142		issued or incurred to finance road projects and payable from ad
137	143		valorem taxes may not exceed one-fourth of the assessed value of the
138	144		real property in the district.
139	145		SECTION 6. The following provisions of the Special District
140	146		Local Laws Code are repealed:
141	147		(1) Subchapter A1, Chapter 8116; and
142	148		(2) Section 8116.052.
143	149		SECTION 7. The East Montgomery County Municipal Utility
144	150		District No. 12 retains all the rights, powers, privileges,
145	151		authority, duties, and functions that it had before the effective
146	152		date of this Act.
147	153		SECTION 8. (a) The legislature validates and confirms all
148	154		governmental acts and proceedings of the East Montgomery County
149	155		Municipal Utility District No. 12 that were taken before the
150	156		effective date of this Act.
151	157		(b) This section does not apply to any matter that on the
152	158		effective date of this Act:
153	159		(1) is involved in litigation if the litigation
154	160		ultimately results in the matter being held invalid by a final court
155	161		judgment; or
156	162		(2) has been held invalid by a final court judgment.
157	163		SECTION 9. (a) The legal notice of the intention to
158	164		introduce this Act, setting forth the general substance of this
159	165		Act, has been published as provided by law, and the notice and a
160	166		copy of this Act have been furnished to all persons, agencies,
161	167		officials, or entities to which they are required to be furnished
162	168		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
163	169		Government Code.
164	170		(b) The governor, one of the required recipients, has
165	171		submitted the notice and Act to the Texas Commission on
166	172		Environmental Quality.
167	173		(c) The Texas Commission on Environmental Quality has filed
168	174		its recommendations relating to this Act with the governor, the
169	175		lieutenant governor, and the speaker of the house of
170	176		representatives within the required time.
171	177		(d) All requirements of the constitution and laws of this
172	178		state and the rules and procedures of the legislature with respect
173	179		to the notice, introduction, and passage of this Act are fulfilled
174	180		and accomplished.
175	181		SECTION 10. This Act takes effect immediately if it
176	182		receives a vote of two-thirds of all the members elected to each
177	183		house, as provided by Section 39, Article III, Texas Constitution.
178	184		If this Act does not receive the vote necessary for immediate
179	185		effect, this Act takes effect September 1, 2019.
180		-	______________________________ ______________________________
181		-	President of the Senate Speaker of the House
182		-	I certify that H.B. No. 4654 was passed by the House on April
183		-	26, 2019, by the following vote: Yeas 124, Nays 15, 2 present, not
184		-	voting.
185		-	______________________________
186		-	Chief Clerk of the House
187		-	I certify that H.B. No. 4654 was passed by the Senate on May
188		-	10, 2019, by the following vote: Yeas 30, Nays 1.
189		-	______________________________
190		-	Secretary of the Senate
191		-	APPROVED: _____________________
192		-	Date
193		-	_____________________
194		-	Governor
	186	+	* * * * *