Texas 2019 - 86th Regular

Texas House Bill HB4685 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R16788 GRM-F
2	2	By: Oliverson H.B. No. 4685
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the powers and duties of the Harris County Municipal
7	7	Utility District No. 248; providing authority to issue bonds and
8	8	impose fees and taxes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 8087 to read as follows:
12	12	CHAPTER 8087. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 248
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 8087.0101. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "District" means the Harris County Municipal
17	17	Utility District No. 248.
18	18	Sec. 8087.0102. NATURE AND PURPOSES OF DISTRICT. (a) The
19	19	district is a municipal utility district created under Section 59,
20	20	Article XVI, Texas Constitution.
21	21	(b) The district is created to accomplish the purposes of:
22	22	(1) a municipal utility district as provided by
23	23	general law and Section 59, Article XVI, Texas Constitution; and
24	24	(2) Section 52, Article III, Texas Constitution, that
25	25	relate to the construction, acquisition, improvement, operation,
26	26	or maintenance of macadamized, graveled, or paved roads, or
27	27	improvements, including storm drainage, in aid of those roads.
28	28	SUBCHAPTER B. POWERS AND DUTIES
29	29	Sec. 8087.0201. GENERAL POWERS AND DUTIES. The district
30	30	has the powers and duties necessary to accomplish the purposes for
31	31	which the district is created.
32	32	Sec. 8087.0202. MUNICIPAL UTILITY DISTRICT POWERS AND
33	33	DUTIES. The district has the powers and duties provided by the
34	34	general law of this state, including Chapters 49 and 54, Water Code,
35	35	applicable to municipal utility districts created under Section 59,
36	36	Article XVI, Texas Constitution.
37	37	Sec. 8087.0203. AUTHORITY FOR ROAD PROJECTS. Under Section
38	38	52, Article III, Texas Constitution, the district may design,
39	39	acquire, construct, finance, issue bonds for, improve, operate,
40	40	maintain, and convey to this state, a county, or a municipality for
41	41	operation and maintenance macadamized, graveled, or paved roads, or
42	42	improvements, including storm drainage, in aid of those roads.
43	43	Sec. 8087.0204. ROAD STANDARDS AND REQUIREMENTS. (a) A
44	44	road project must meet all applicable construction standards,
45	45	zoning and subdivision requirements, and regulations of each
46	46	municipality in whose corporate limits or extraterritorial
47	47	jurisdiction the road project is located.
48	48	(b) If a road project is not located in the corporate limits
49	49	or extraterritorial jurisdiction of a municipality, the road
50	50	project must meet all applicable construction standards,
51	51	subdivision requirements, and regulations of each county in which
52	52	the road project is located.
53	53	(c) If the state will maintain and operate the road, the
54	54	Texas Transportation Commission must approve the plans and
55	55	specifications of the road project.
56	56	SUBCHAPTER C. DEFINED AREAS
57	57	Sec. 8087.0301. AUTHORITY TO ESTABLISH DEFINED AREAS OR
58	58	DESIGNATED PROPERTY. The district may define areas or designate
59	59	certain property of the district to pay for improvements,
60	60	facilities, or services that primarily benefit that area or
61	61	property and do not generally and directly benefit the district as a
62	62	whole.
63	63	Sec. 8087.0302. PROCEDURE FOR ELECTION. (a) Before the
64	64	district may impose an ad valorem tax applicable only to the defined
65	65	area or designated property or issue bonds payable from ad valorem
66	66	taxes of the defined area or designated property, the board shall
67	67	hold an election in the defined area or designated property only.
68	68	(b) The board may submit the proposition to the voters on
69	69	the same ballot to be used in another election.
70	70	Sec. 8087.0303. DECLARING RESULT AND ISSUING ORDER. (a) If
71	71	a majority of the voters voting at an election held under Section
72	72	8087.0302 approve the proposition or propositions, the board shall
73	73	declare the results and, by order, shall establish the defined area
74	74	or designated property and describe it by metes and bounds or
75	75	designate the specific property.
76	76	(b) A court may not review the board's order except on the
77	77	ground of fraud, palpable error, or arbitrary and confiscatory
78	78	abuse of discretion.
79	79	Sec. 8087.0304. TAXES FOR SERVICES, IMPROVEMENTS, AND
80	80	FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
81	81	approval and adoption of the order described by Section 8087.0303,
82	82	the district may apply separately, differently, equitably, and
83	83	specifically its taxing power and lien authority to the defined
84	84	area or designated property to provide money to construct,
85	85	administer, maintain, and operate services, improvements, and
86	86	facilities that primarily benefit the defined area or designated
87	87	property.
88	88	Sec. 8087.0305. ISSUANCE OF BONDS FOR DEFINED AREA OR
89	89	DESIGNATED PROPERTY. After an order under Section 8087.0303 is
90	90	adopted, the district may issue bonds to provide for any land,
91	91	improvements, facilities, plants, equipment, and appliances for
92	92	the defined area or designated property.
93	93	SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS
94	94	Sec. 8087.0401. AUTHORITY TO ISSUE BONDS AND OTHER
95	95	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
96	96	other obligations payable wholly or partly from ad valorem taxes,
97	97	impact fees, revenue, contract payments, grants, or other district
98	98	money, or any combination of those sources, to pay for a road
99	99	project authorized by Section 8087.0203.
100	100	(b) The district may not issue bonds payable from ad valorem
101	101	taxes to finance a road project unless the issuance is approved by a
102	102	vote of a two-thirds majority of the district voters voting at an
103	103	election held for that purpose.
104	104	(c) At the time of issuance, the total principal amount of
105	105	bonds or other obligations issued or incurred to finance road
106	106	projects and payable from ad valorem taxes may not exceed
107	107	one-fourth of the assessed value of the real property in the
108	108	district.
109	109	Sec. 8087.0402. TAXES FOR BONDS. At the time the district
110	110	issues bonds payable wholly or partly from ad valorem taxes, the
111	111	district shall provide for the annual imposition of a continuing
112	112	direct ad valorem tax, without limit as to rate or amount, while all
113	113	or part of the bonds are outstanding as required and in the manner
114	114	provided by Sections 54.601 and 54.602, Water Code.
115	115	SECTION 2. The Harris County Municipal Utility District
116	116	No. 248 retains all the rights, powers, privileges, authority,
117	117	duties, and functions that it had before the effective date of this
118	118	Act.
119	119	SECTION 3. (a) The legislature validates and confirms all
120	120	governmental acts and proceedings of the Harris County Municipal
121	121	Utility District No. 248 that were taken before the effective date
122	122	of this Act.
123	123	(b) This section does not apply to any matter that on the
124	124	effective date of this Act:
125	125	(1) is involved in litigation if the litigation
126	126	ultimately results in the matter being held invalid by a final court
127	127	judgment; or
128	128	(2) has been held invalid by a final court judgment.
129	129	SECTION 4. (a) The legal notice of the intention to
130	130	introduce this Act, setting forth the general substance of this
131	131	Act, has been published as provided by law, and the notice and a
132	132	copy of this Act have been furnished to all persons, agencies,
133	133	officials, or entities to which they are required to be furnished
134	134	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
135	135	Government Code.
136	136	(b) The governor, one of the required recipients, has
137	137	submitted the notice and Act to the Texas Commission on
138	138	Environmental Quality.
139	139	(c) The Texas Commission on Environmental Quality has filed
140	140	its recommendations relating to this Act with the governor, the
141	141	lieutenant governor, and the speaker of the house of
142	142	representatives within the required time.
143	143	(d) All requirements of the constitution and laws of this
144	144	state and the rules and procedures of the legislature with respect
145	145	to the notice, introduction, and passage of this Act are fulfilled
146	146	and accomplished.
147	147	SECTION 5. This Act takes effect immediately if it receives
148	148	a vote of two-thirds of all the members elected to each house, as
149	149	provided by Section 39, Article III, Texas Constitution. If this
150	150	Act does not receive the vote necessary for immediate effect, this
151	151	Act takes effect September 1, 2019.