Texas 2019 - 86th Regular

Texas House Bill HB4725 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4725
	1	+	By: King of Parker (Senate Sponsor - Fallon) H.B. No. 4725
	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 20, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 20, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
	10	+	AN ACT
4	11		relating to the powers and duties of the Morningstar Ranch
5	12		Municipal Utility District No. 2 of Parker County; providing
6	13		authority to impose a tax and issue bonds.
7	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	15		SECTION 1. Subtitle F, Title 6, Special District Local Laws
9	16		Code, is amended by adding Chapter 8491 to read as follows:
10	17		CHAPTER 8491. MORNINGSTAR RANCH MUNICIPAL UTILITY DISTRICT NO. 2
11	18		OF PARKER COUNTY
12	19		SUBCHAPTER A. GENERAL PROVISIONS
13	20		Sec. 8491.0101. DEFINITIONS. In this chapter:
14	21		(1) "Board" means the district's board of directors.
15	22		(2) "District" means the Morningstar Ranch Municipal
16	23		Utility District No. 2 of Parker County.
17	24		Sec. 8491.0102. 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. 8491.0201. 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. 8491.0202. 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. 8491.0203. 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. 8491.0204. ROAD STANDARDS AND REQUIREMENTS. (a) A
43	50		road project must meet all applicable construction standards and
44	51		regulations of each municipality in whose corporate limits or
45	52		extraterritorial jurisdiction the road project is located.
46	53		(b) If a road project is not located in the corporate limits
47	54		or extraterritorial jurisdiction of a municipality, the road
48	55		project must meet all applicable construction standards and
49	56		regulations of each county in which the road project is located.
50	57		(c) If the state will maintain and operate the road, the
51	58		Texas Transportation Commission must approve the plans and
52	59		specifications of the road project.
53	60		SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
54	61		Sec. 8491.0301. AUTHORITY TO ISSUE BONDS AND OTHER
55	62		OBLIGATIONS FOR ROAD PROJECTS. (a) In addition to its authority to
56	63		issue bonds for other purposes, the district may issue bonds or
57	64		other obligations payable wholly or partly from ad valorem taxes,
58	65		revenue, contract payments, grants, or other district money, or any
59	66		combination of those sources, to pay for a road project authorized
60	67		by Section 8491.0203.
61	68		(b) The district may not issue bonds payable from ad valorem
62	69		taxes to finance a road project unless the issuance is approved by a
63	70		vote of a two-thirds majority of the district voters voting at an
64	71		election held for that purpose.
65	72		(c) At the time of issuance, the total principal amount of
66	73		bonds or other obligations issued or incurred to finance road
67	74		projects and payable from ad valorem taxes may not exceed
68	75		one-fourth of the assessed value of the real property in the
69	76		district.
70	77		Sec. 8491.0302. TAXES FOR BONDS. At the time the district
71	78		issues bonds payable wholly or partly from ad valorem taxes, the
72	79		board shall provide for the annual imposition of a continuing
73	80		direct ad valorem tax, without limit as to rate or amount, while all
74	81		or part of the bonds are outstanding as required and in the manner
75	82		provided by Sections 54.601 and 54.602, Water Code.
76	83		SECTION 2. The Morningstar Ranch Municipal Utility District
77	84		No. 2 of Parker County retains all rights, powers, privileges,
78	85		authority, duties, and functions that it had before the effective
79	86		date of this Act.
80	87		SECTION 3. (a) The legal notice of the intention to
81	88		introduce this Act, setting forth the general substance of this
82	89		Act, has been published as provided by law, and the notice and a
83	90		copy of this Act have been furnished to all persons, agencies,
84	91		officials, or entities to which they are required to be furnished
85	92		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
86	93		Government Code.
87	94		(b) The governor, one of the required recipients, has
88	95		submitted the notice and Act to the Texas Commission on
89	96		Environmental Quality.
90	97		(c) The Texas Commission on Environmental Quality has filed
91	98		its recommendations relating to this Act with the governor, the
92	99		lieutenant governor, and the speaker of the house of
93	100		representatives within the required time.
94	101		(d) All requirements of the constitution and laws of this
95	102		state and the rules and procedures of the legislature with respect
96	103		to the notice, introduction, and passage of this Act are fulfilled
97	104		and accomplished.
98	105		SECTION 4. This Act takes effect immediately if it receives
99	106		a vote of two-thirds of all the members elected to each house, as
100	107		provided by Section 39, Article III, Texas Constitution. If this
101	108		Act does not receive the vote necessary for immediate effect, this
102	109		Act takes effect September 1, 2019.
103		-	______________________________ ______________________________
104		-	President of the Senate Speaker of the House
105		-	I certify that H.B. No. 4725 was passed by the House on May 3,
106		-	2019, by the following vote: Yeas 123, Nays 17, 2 present, not
107		-	voting.
108		-	______________________________
109		-	Chief Clerk of the House
110		-	I certify that H.B. No. 4725 was passed by the Senate on May
111		-	22, 2019, by the following vote: Yeas 30, Nays 1.
112		-	______________________________
113		-	Secretary of the Senate
114		-	APPROVED: _____________________
115		-	Date
116		-	_____________________
117		-	Governor
	110	+	* * * * *