Texas 2019 - 86th Regular

Texas House Bill HB4655 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4655
	1	+	By: Thompson of Brazoria (Senate Sponsor - Taylor) H.B. No. 4655
	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 17, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 17, 2019, sent to
	6	+	printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the powers and duties of the Brazoria County Municipal
6	13		Utility District No. 43; providing authority to issue bonds;
7	14		providing authority to impose a tax.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. Subtitle F, Title 6, Special District Local Laws
10	17		Code, is amended by adding Chapter 8059 to read as follows:
11	18		CHAPTER 8059. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 43
12	19		SUBCHAPTER A. GENERAL PROVISIONS
13	20		Sec. 8059.0101. DEFINITIONS. In this chapter:
14	21		(1) "Board" means the district's board of directors.
15	22		(2) "District" means the Brazoria County Municipal
16	23		Utility District No. 43.
17	24		Sec. 8059.0102. NATURE AND PURPOSES OF DISTRICT. (a) The
18	25		district is a municipal utility district created under Section 59,
19	26		Article XVI, Texas Constitution.
20	27		(b) The district is created to accomplish the purposes of:
21	28		(1) a municipal utility district as provided by
22	29		general law and Section 59, Article XVI, Texas Constitution; and
23	30		(2) Section 52, Article III, Texas Constitution, that
24	31		relate to the construction, acquisition, improvement, operation,
25	32		or maintenance of macadamized, graveled, or paved roads, or
26	33		improvements, including storm drainage, in aid of those roads.
27	34		SUBCHAPTER B. POWERS AND DUTIES
28	35		Sec. 8059.0201. GENERAL POWERS AND DUTIES. The district
29	36		has the powers and duties necessary to accomplish the purposes for
30	37		which the district is created.
31	38		Sec. 8059.0202. MUNICIPAL UTILITY DISTRICT POWERS AND
32	39		DUTIES. The district has the powers and duties provided by the
33	40		general law of this state, including Chapters 49 and 54, Water Code,
34	41		applicable to municipal utility districts created under Section 59,
35	42		Article XVI, Texas Constitution.
36	43		Sec. 8059.0203. AUTHORITY FOR ROAD PROJECTS. Under Section
37	44		52, Article III, Texas Constitution, the district may design,
38	45		acquire, construct, finance, issue bonds for, improve, operate,
39	46		maintain, and convey to this state, a county, or a municipality for
40	47		operation and maintenance macadamized, graveled, or paved roads, or
41	48		improvements, including storm drainage, in aid of those roads.
42	49		Sec. 8059.0204. ROAD STANDARDS AND REQUIREMENTS. (a) A
43	50		road project must meet all applicable construction standards,
44	51		zoning and subdivision requirements, and regulations of each
45	52		municipality in whose corporate limits or extraterritorial
46	53		jurisdiction the road project is located.
47	54		(b) If a road project is not located in the corporate limits
48	55		or extraterritorial jurisdiction of a municipality, the road
49	56		project must meet all applicable construction standards,
50	57		subdivision requirements, and regulations of each county in which
51	58		the road project is located.
52	59		(c) If the state will maintain and operate the road, the
53	60		Texas Transportation Commission must approve the plans and
54	61		specifications of the road project.
55	62		SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
56	63		Sec. 8059.0301. AUTHORITY TO ISSUE BONDS AND OTHER
57	64		OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
58	65		other obligations payable wholly or partly from ad valorem taxes,
59	66		impact fees, revenue, contract payments, grants, or other district
60	67		money, or any combination of those sources, to pay for a road
61	68		project authorized by Section 8059.0203.
62	69		(b) The district may not issue bonds payable from ad valorem
63	70		taxes to finance a road project unless the issuance is approved by a
64	71		vote of a two-thirds majority of the district voters voting at an
65	72		election held for that purpose.
66	73		(c) At the time of issuance, the total principal amount of
67	74		bonds or other obligations issued or incurred to finance road
68	75		projects and payable from ad valorem taxes may not exceed
69	76		one-fourth of the assessed value of the real property in the
70	77		district.
71	78		Sec. 8059.0302. TAXES FOR BONDS. At the time the district
72	79		issues bonds payable wholly or partly from ad valorem taxes, the
73	80		board shall provide for the annual imposition of a continuing
74	81		direct ad valorem tax, without limit as to rate or amount, while all
75	82		or part of the bonds are outstanding as required and in the manner
76	83		provided by Sections 54.601 and 54.602, Water Code.
77	84		SECTION 2. The Brazoria County Municipal Utility District
78	85		No. 43 retains all the rights, powers, privileges, authority,
79	86		duties, and functions that it had before the effective date of this
80	87		Act.
81	88		SECTION 3. (a) The legislature validates and confirms all
82	89		governmental acts and proceedings of the Brazoria County Municipal
83	90		Utility District No. 43 that were taken before the effective date of
84	91		this Act.
85	92		(b) This section does not apply to any matter that on the
86	93		effective date of this Act:
87	94		(1) is involved in litigation if the litigation
88	95		ultimately results in the matter being held invalid by a final court
89	96		judgment; or
90	97		(2) has been held invalid by a final court judgment.
91	98		SECTION 4. (a) The legal notice of the intention to
92	99		introduce this Act, setting forth the general substance of this
93	100		Act, has been published as provided by law, and the notice and a
94	101		copy of this Act have been furnished to all persons, agencies,
95	102		officials, or entities to which they are required to be furnished
96	103		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
97	104		Government Code.
98	105		(b) The governor, one of the required recipients, has
99	106		submitted the notice and Act to the Texas Commission on
100	107		Environmental Quality.
101	108		(c) The Texas Commission on Environmental Quality has filed
102	109		its recommendations relating to this Act with the governor, the
103	110		lieutenant governor, and the speaker of the house of
104	111		representatives within the required time.
105	112		(d) All requirements of the constitution and laws of this
106	113		state and the rules and procedures of the legislature with respect
107	114		to the notice, introduction, and passage of this Act are fulfilled
108	115		and accomplished.
109	116		SECTION 5. This Act takes effect immediately if it receives
110	117		a vote of two-thirds of all the members elected to each house, as
111	118		provided by Section 39, Article III, Texas Constitution. If this
112	119		Act does not receive the vote necessary for immediate effect, this
113	120		Act takes effect September 1, 2019.
114		-	______________________________ ______________________________
115		-	President of the Senate Speaker of the House
116		-	I certify that H.B. No. 4655 was passed by the House on May 3,
117		-	2019, by the following vote: Yeas 123, Nays 17, 2 present, not
118		-	voting.
119		-	______________________________
120		-	Chief Clerk of the House
121		-	I certify that H.B. No. 4655 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
	121	+	* * * * *