Texas 2019 - 86th Regular

Texas House Bill HB4659 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4659
	1	+	By: Oliverson (Senate Sponsor - Kolkhorst) H.B. No. 4659
	2	+	(In the Senate - Received from the House April 29, 2019;
	3	+	April 29, 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		Harris County Municipal Utility District No. 436; providing
7	13		authority to issue bonds; providing authority to impose fees and
8	14		taxes.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	17		Code, is amended by adding Chapter 8088 to read as follows:
12	18		CHAPTER 8088. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 436
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 8088.0101. DEFINITIONS. In this chapter:
15	21		(1) "Board" means the district's board of directors.
16	22		(2) "District" means the Harris County Municipal
17	23		Utility District No. 436.
18	24		Sec. 8088.0102. NATURE AND PURPOSES OF DISTRICT. (a) The
19	25		district is a municipal utility district created under Section 59,
20	26		Article XVI, Texas Constitution.
21	27		(b) The district is created to accomplish the purposes of:
22	28		(1) a municipal utility district as provided by
23	29		general law and Section 59, Article XVI, Texas Constitution; and
24	30		(2) Section 52, Article III, Texas Constitution, that
25	31		relate to the construction, acquisition, improvement, operation,
26	32		or maintenance of macadamized, graveled, or paved roads, or
27	33		improvements, including storm drainage, in aid of those roads.
28	34		SUBCHAPTER B. POWERS AND DUTIES
29	35		Sec. 8088.0201. GENERAL POWERS AND DUTIES. The district
30	36		has the powers and duties necessary to accomplish the purposes for
31	37		which the district is created.
32	38		Sec. 8088.0202. MUNICIPAL UTILITY DISTRICT POWERS AND
33	39		DUTIES. The district has the powers and duties provided by the
34	40		general law of this state, including Chapters 49 and 54, Water Code,
35	41		applicable to municipal utility districts created under Section 59,
36	42		Article XVI, Texas Constitution.
37	43		Sec. 8088.0203. AUTHORITY FOR ROAD PROJECTS. Under Section
38	44		52, Article III, Texas Constitution, the district may design,
39	45		acquire, construct, finance, issue bonds for, improve, operate,
40	46		maintain, and convey to this state, a county, or a municipality for
41	47		operation and maintenance macadamized, graveled, or paved roads, or
42	48		improvements, including storm drainage, in aid of those roads.
43	49		Sec. 8088.0204. ROAD STANDARDS AND REQUIREMENTS. (a) A
44	50		road project must meet all applicable construction standards,
45	51		zoning and subdivision requirements, and regulations of each
46	52		municipality in whose corporate limits or extraterritorial
47	53		jurisdiction the road project is located.
48	54		(b) If a road project is not located in the corporate limits
49	55		or extraterritorial jurisdiction of a municipality, the road
50	56		project must meet all applicable construction standards,
51	57		subdivision requirements, and regulations of each county in which
52	58		the road project is located.
53	59		(c) If the state will maintain and operate the road, the
54	60		Texas Transportation Commission must approve the plans and
55	61		specifications of the road project.
56	62		Sec. 8088.0205. DIVISION OF DISTRICT. (a) The district may
57	63		be divided into two or more new districts only if the district:
58	64		(1) has never issued any bonds; and
59	65		(2) is not imposing ad valorem taxes.
60	66		(b) This chapter applies to any new district created by the
61	67		division of the district, and a new district has all the powers and
62	68		duties of the district.
63	69		(c) Any new district created by the division of the district
64	70		may not, at the time the new district is created, contain any land
65	71		outside the territory of the original district as it existed on
66	72		January 1, 2019.
67	73		(d) The board, on its own motion or on receipt of a petition
68	74		signed by the owner or owners of a majority of the assessed value of
69	75		the real property in the district, may adopt an order dividing the
70	76		district.
71	77		(e) The board may adopt an order dividing the district
72	78		before or after the date the board holds an election under Section
73	79		49.102, Water Code, to confirm the district's creation.
74	80		(f) An order dividing the district must:
75	81		(1) name each new district;
76	82		(2) include the metes and bounds description of the
77	83		territory of each new district;
78	84		(3) appoint temporary directors for each new district;
79	85		and
80	86		(4) provide for the division of assets and liabilities
81	87		between the new districts.
82	88		(g) On or before the 30th day after the date of adoption of
83	89		an order dividing the district, the district shall file the order
84	90		with the commission and record the order in the real property
85	91		records of each county in which the district is located.
86	92		(h) Any new district created by the division of the district
87	93		shall hold a confirmation and directors' election as required by
88	94		Section 49.102, Water Code.
89	95		(i) Municipal consent to the creation of the district and to
90	96		the inclusion of land in the district granted under Section 54.016,
91	97		Water Code, acts as municipal consent to the creation of any new
92	98		district created by the division of the district and to the
93	99		inclusion of land in the new district.
94	100		(j) Any new district created by the division of the district
95	101		must hold an election as required by this chapter to obtain voter
96	102		approval before the district may impose a maintenance tax or issue
97	103		bonds payable wholly or partly from ad valorem taxes.
98	104		(k) If the creation of the new district is confirmed, the
99	105		new district shall provide the election date and results to the
100	106		commission.
101	107		SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
102	108		Sec. 8088.0301. AUTHORITY TO ISSUE BONDS AND OTHER
103	109		OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
104	110		other obligations payable wholly or partly from ad valorem taxes,
105	111		impact fees, revenue, contract payments, grants, or other district
106	112		money, or any combination of those sources, to pay for a road
107	113		project authorized by Section 8088.0203.
108	114		(b) The district may not issue bonds payable from ad valorem
109	115		taxes to finance a road project unless the issuance is approved by a
110	116		vote of a two-thirds majority of the district voters voting at an
111	117		election held for that purpose.
112	118		(c) At the time of issuance, the total principal amount of
113	119		bonds or other obligations issued or incurred to finance road
114	120		projects and payable from ad valorem taxes may not exceed
115	121		one-fourth of the assessed value of the real property in the
116	122		district.
117	123		Sec. 8088.0302. TAXES FOR BONDS. At the time the district
118	124		issues bonds payable wholly or partly from ad valorem taxes, the
119	125		board shall provide for the annual imposition of a continuing
120	126		direct ad valorem tax, without limit as to rate or amount, while all
121	127		or part of the bonds are outstanding as required and in the manner
122	128		provided by Sections 54.601 and 54.602, Water Code.
123	129		SECTION 2. The Harris County Municipal Utility District No.
124	130		436 retains all the rights, powers, privileges, authority, duties,
125	131		and functions that it had before the effective date of this Act.
126	132		SECTION 3. (a) The legislature validates and confirms all
127	133		governmental acts and proceedings of the Harris County Municipal
128	134		Utility District No. 436 that were taken before the effective date
129	135		of this Act.
130	136		(b) This section does not apply to any matter that on the
131	137		effective date of this Act:
132	138		(1) is involved in litigation if the litigation
133	139		ultimately results in the matter being held invalid by a final court
134	140		judgment; or
135	141		(2) has been held invalid by a final court judgment.
136	142		SECTION 4. (a) The legal notice of the intention to
137	143		introduce this Act, setting forth the general substance of this
138	144		Act, has been published as provided by law, and the notice and a
139	145		copy of this Act have been furnished to all persons, agencies,
140	146		officials, or entities to which they are required to be furnished
141	147		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
142	148		Government Code.
143	149		(b) The governor, one of the required recipients, has
144	150		submitted the notice and Act to the Texas Commission on
145	151		Environmental Quality.
146	152		(c) The Texas Commission on Environmental Quality has filed
147	153		its recommendations relating to this Act with the governor, the
148	154		lieutenant governor, and the speaker of the house of
149	155		representatives within the required time.
150	156		(d) All requirements of the constitution and laws of this
151	157		state and the rules and procedures of the legislature with respect
152	158		to the notice, introduction, and passage of this Act are fulfilled
153	159		and accomplished.
154	160		SECTION 5. This Act takes effect immediately if it receives
155	161		a vote of two-thirds of all the members elected to each house, as
156	162		provided by Section 39, Article III, Texas Constitution. If this
157	163		Act does not receive the vote necessary for immediate effect, this
158	164		Act takes effect September 1, 2019.
159		-	______________________________ ______________________________
160		-	President of the Senate Speaker of the House
161		-	I certify that H.B. No. 4659 was passed by the House on April
162		-	26, 2019, by the following vote: Yeas 124, Nays 15, 2 present, not
163		-	voting.
164		-	______________________________
165		-	Chief Clerk of the House
166		-	I certify that H.B. No. 4659 was passed by the Senate on May
167		-	21, 2019, by the following vote: Yeas 30, Nays 1.
168		-	______________________________
169		-	Secretary of the Senate
170		-	APPROVED: _____________________
171		-	Date
172		-	_____________________
173		-	Governor
	165	+	* * * * *