Texas 2019 - 86th Regular

Texas House Bill HB4656 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4656
	1	+	By: Thompson of Brazoria (Senate Sponsor - Taylor) H.B. No. 4656
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 7, 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 board of directors and powers and duties of the
6	12		Brazoria County Municipal Utility District No. 13; providing
7	13		authority to issue bonds; 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 8029 to read as follows:
11	17		CHAPTER 8029. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 13
12	18		SUBCHAPTER A. GENERAL PROVISIONS
13	19		Sec. 8029.0101. DEFINITIONS. In this chapter:
14	20		(1) "Board" means the district's board of directors.
15	21		(2) "Commission" means the Texas Commission on
16	22		Environmental Quality.
17	23		(3) "District" means the Brazoria County Municipal
18	24		Utility District No. 13.
19	25		Sec. 8029.0102. NATURE AND PURPOSES OF DISTRICT. (a) The
20	26		district is a municipal utility district created under Section 59,
21	27		Article XVI, Texas Constitution.
22	28		(b) The district is created to accomplish the purposes of:
23	29		(1) a municipal utility district as provided by
24	30		general law and Section 59, Article XVI, Texas Constitution; and
25	31		(2) Section 52, Article III, Texas Constitution, that
26	32		relate to the construction, acquisition, improvement, operation,
27	33		or maintenance of macadamized, graveled, or paved roads, or
28	34		improvements, including storm drainage, in aid of those roads.
29	35		SUBCHAPTER B. BOARD OF DIRECTORS
30	36		Sec. 8029.0201. GOVERNING BODY; TERMS. (a) The district is
31	37		governed by a board of five elected directors.
32	38		(b) Except as provided by Section 8029.0202, directors
33	39		serve staggered four-year terms.
34	40		Sec. 8029.0202. TEMPORARY DIRECTORS. (a) The temporary
35	41		board consists of:
36	42		(1) Gordon Richardson;
37	43		(2) Lisa Gasper;
38	44		(3) Randy Leonhardt;
39	45		(4) Greg Eknoyan; and
40	46		(5) Daniel Pereya.
41	47		(b) Temporary directors serve until the earlier of:
42	48		(1) the date permanent directors are elected at an
43	49		election held under Section 49.102, Water Code; or
44	50		(2) the fourth anniversary of the effective date of
45	51		the Act enacting this chapter.
46	52		(c) If permanent directors have not been elected at an
47	53		election held under Section 49.102, Water Code, and the terms of the
48	54		temporary directors have expired, successor temporary directors
49	55		shall be appointed or reappointed as provided by Subsection (d) to
50	56		serve terms that expire on the earlier of:
51	57		(1) the date permanent directors are elected at an
52	58		election held under Section 49.102, Water Code; or
53	59		(2) the fourth anniversary of the date of the
54	60		appointment or reappointment.
55	61		(d) If Subsection (c) applies, the owner or owners of a
56	62		majority of the assessed value of the real property in the district
57	63		may submit a petition to the commission requesting that the
58	64		commission appoint as successor temporary directors the five
59	65		persons named in the petition. The commission shall appoint as
60	66		successor temporary directors the five persons named in the
61	67		petition.
62	68		SUBCHAPTER C. POWERS AND DUTIES
63	69		Sec. 8029.0301. GENERAL POWERS AND DUTIES. The district
64	70		has the powers and duties necessary to accomplish the purposes for
65	71		which the district is created.
66	72		Sec. 8029.0302. 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. 8029.0303. 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. 8029.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
78	84		road project must meet all applicable construction standards,
79	85		zoning and subdivision requirements, and regulations of each
80	86		municipality in whose corporate limits or extraterritorial
81	87		jurisdiction the road 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		SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS
91	97		Sec. 8029.0401. AUTHORITY TO ISSUE BONDS AND OTHER
92	98		OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
93	99		other obligations payable wholly or partly from ad valorem taxes,
94	100		impact fees, revenue, contract payments, grants, or other district
95	101		money, or any combination of those sources, to pay for a road
96	102		project authorized by Section 8029.0303.
97	103		(b) The district may not issue bonds payable from ad valorem
98	104		taxes to finance a road project unless the issuance is approved by a
99	105		vote of a two-thirds majority of the district voters voting at an
100	106		election held for that purpose.
101	107		(c) At the time of issuance, the total principal amount of
102	108		bonds or other obligations issued or incurred to finance road
103	109		projects and payable from ad valorem taxes may not exceed
104	110		one-fourth of the assessed value of the real property in the
105	111		district.
106	112		Sec. 8029.0402. TAXES FOR BONDS. At the time the district
107	113		issues bonds payable wholly or partly from ad valorem taxes, the
108	114		board shall provide for the annual imposition of a continuing
109	115		direct ad valorem tax, without limit as to rate or amount, while all
110	116		or part of the bonds are outstanding as required and in the manner
111	117		provided by Sections 54.601 and 54.602, Water Code.
112	118		SECTION 2. The Brazoria County Municipal Utility District
113	119		No. 13 retains all the rights, powers, privileges, authority,
114	120		duties, and functions that it had before the effective date of this
115	121		Act.
116	122		SECTION 3. (a) The legislature validates and confirms all
117	123		governmental acts and proceedings of the Brazoria County Municipal
118	124		Utility District No. 13 that were taken before the effective date of
119	125		this Act.
120	126		(b) This section does not apply to any matter that on the
121	127		effective date of this Act:
122	128		(1) is involved in litigation if the litigation
123	129		ultimately results in the matter being held invalid by a final court
124	130		judgment; or
125	131		(2) has been held invalid by a final court judgment.
126	132		SECTION 4. (a) The legal notice of the intention to
127	133		introduce this Act, setting forth the general substance of this
128	134		Act, has been published as provided by law, and the notice and a
129	135		copy of this Act have been furnished to all persons, agencies,
130	136		officials, or entities to which they are required to be furnished
131	137		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
132	138		Government Code.
133	139		(b) The governor, one of the required recipients, has
134	140		submitted the notice and Act to the Texas Commission on
135	141		Environmental Quality.
136	142		(c) The Texas Commission on Environmental Quality has filed
137	143		its recommendations relating to this Act with the governor, the
138	144		lieutenant governor, and the speaker of the house of
139	145		representatives within the required time.
140	146		(d) All requirements of the constitution and laws of this
141	147		state and the rules and procedures of the legislature with respect
142	148		to the notice, introduction, and passage of this Act are fulfilled
143	149		and accomplished.
144	150		SECTION 5. This Act takes effect immediately if it receives
145	151		a vote of two-thirds of all the members elected to each house, as
146	152		provided by Section 39, Article III, Texas Constitution. If this
147	153		Act does not receive the vote necessary for immediate effect, this
148	154		Act takes effect September 1, 2019.
149		-	______________________________ ______________________________
150		-	President of the Senate Speaker of the House
151		-	I certify that H.B. No. 4656 was passed by the House on May 3,
152		-	2019, by the following vote: Yeas 124, Nays 16, 2 present, not
153		-	voting.
154		-	______________________________
155		-	Chief Clerk of the House
156		-	I certify that H.B. No. 4656 was passed by the Senate on May
157		-	21, 2019, by the following vote: Yeas 30, Nays 1.
158		-	______________________________
159		-	Secretary of the Senate
160		-	APPROVED: _____________________
161		-	Date
162		-	_____________________
163		-	Governor
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