Texas 2019 - 86th Regular

Texas Senate Bill SB2450 Compare Versions

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

Old	New	Differences
1	1	86R11443 AAF-F
2	2	By: Taylor S.B. No. 2450
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers and duties of the Brazoria County Municipal
8	8	Utility District No. 43; providing authority to issue bonds;
9	9	providing authority to impose a tax.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8059 to read as follows:
13	13	CHAPTER 8059. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 43
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8059.0101. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "District" means the Brazoria County Municipal
18	18	Utility District No. 43.
19	19	Sec. 8059.0102. NATURE AND PURPOSES OF DISTRICT. (a) The
20	20	district is a municipal utility district created under Section 59,
21	21	Article XVI, Texas Constitution.
22	22	(b) The district is created to accomplish the purposes of:
23	23	(1) a municipal utility district as provided by
24	24	general law and Section 59, Article XVI, Texas Constitution; and
25	25	(2) Section 52, Article III, Texas Constitution, that
26	26	relate to the construction, acquisition, improvement, operation,
27	27	or maintenance of macadamized, graveled, or paved roads, or
28	28	improvements, including storm drainage, in aid of those roads.
29	29	SUBCHAPTER B. POWERS AND DUTIES
30	30	Sec. 8059.0201. GENERAL POWERS AND DUTIES. The district
31	31	has the powers and duties necessary to accomplish the purposes for
32	32	which the district is created.
33	33	Sec. 8059.0202. MUNICIPAL UTILITY DISTRICT POWERS AND
34	34	DUTIES. The district has the powers and duties provided by the
35	35	general law of this state, including Chapters 49 and 54, Water Code,
36	36	applicable to municipal utility districts created under Section 59,
37	37	Article XVI, Texas Constitution.
38	38	Sec. 8059.0203. AUTHORITY FOR ROAD PROJECTS. Under Section
39	39	52, Article III, Texas Constitution, the district may design,
40	40	acquire, construct, finance, issue bonds for, improve, operate,
41	41	maintain, and convey to this state, a county, or a municipality for
42	42	operation and maintenance macadamized, graveled, or paved roads, or
43	43	improvements, including storm drainage, in aid of those roads.
44	44	Sec. 8059.0204. ROAD STANDARDS AND REQUIREMENTS. (a) A
45	45	road project must meet all applicable construction standards,
46	46	zoning and subdivision requirements, and regulations of each
47	47	municipality in whose corporate limits or extraterritorial
48	48	jurisdiction the road project is located.
49	49	(b) If a road project is not located in the corporate limits
50	50	or extraterritorial jurisdiction of a municipality, the road
51	51	project must meet all applicable construction standards,
52	52	subdivision requirements, and regulations of each county in which
53	53	the road project is located.
54	54	(c) If the state will maintain and operate the road, the
55	55	Texas Transportation Commission must approve the plans and
56	56	specifications of the road project.
57	57	SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
58	58	Sec. 8059.0301. AUTHORITY TO ISSUE BONDS AND OTHER
59	59	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
60	60	other obligations payable wholly or partly from ad valorem taxes,
61	61	impact fees, revenue, contract payments, grants, or other district
62	62	money, or any combination of those sources, to pay for a road
63	63	project authorized by Section 8059.0203.
64	64	(b) The district may not issue bonds payable from ad valorem
65	65	taxes to finance a road project unless the issuance is approved by a
66	66	vote of a two-thirds majority of the district voters voting at an
67	67	election held for that purpose.
68	68	(c) At the time of issuance, the total principal amount of
69	69	bonds or other obligations issued or incurred to finance road
70	70	projects and payable from ad valorem taxes may not exceed
71	71	one-fourth of the assessed value of the real property in the
72	72	district.
73	73	Sec. 8059.0302. TAXES FOR BONDS. At the time the district
74	74	issues bonds payable wholly or partly from ad valorem taxes, the
75	75	board shall provide for the annual imposition of a continuing
76	76	direct ad valorem tax, without limit as to rate or amount, while all
77	77	or part of the bonds are outstanding as required and in the manner
78	78	provided by Sections 54.601 and 54.602, Water Code.
79	79	SECTION 2. The Brazoria County Municipal Utility District
80	80	No. 43 retains all the rights, powers, privileges, authority,
81	81	duties, and functions that it had before the effective date of this
82	82	Act.
83	83	SECTION 3. (a) The legislature validates and confirms all
84	84	governmental acts and proceedings of the Brazoria County Municipal
85	85	Utility District No. 43 that were taken before the effective date of
86	86	this Act.
87	87	(b) This section does not apply to any matter that on the
88	88	effective date of this Act:
89	89	(1) is involved in litigation if the litigation
90	90	ultimately results in the matter being held invalid by a final court
91	91	judgment; or
92	92	(2) has been held invalid by a final court judgment.
93	93	SECTION 4. (a) The legal notice of the intention to
94	94	introduce this Act, setting forth the general substance of this
95	95	Act, has been published as provided by law, and the notice and a
96	96	copy of this Act have been furnished to all persons, agencies,
97	97	officials, or entities to which they are required to be furnished
98	98	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
99	99	Government Code.
100	100	(b) The governor, one of the required recipients, has
101	101	submitted the notice and Act to the Texas Commission on
102	102	Environmental Quality.
103	103	(c) The Texas Commission on Environmental Quality has filed
104	104	its recommendations relating to this Act with the governor, the
105	105	lieutenant governor, and the speaker of the house of
106	106	representatives within the required time.
107	107	(d) All requirements of the constitution and laws of this
108	108	state and the rules and procedures of the legislature with respect
109	109	to the notice, introduction, and passage of this Act are fulfilled
110	110	and accomplished.
111	111	SECTION 5. This Act takes effect immediately if it receives
112	112	a vote of two-thirds of all the members elected to each house, as
113	113	provided by Section 39, Article III, Texas Constitution. If this
114	114	Act does not receive the vote necessary for immediate effect, this
115	115	Act takes effect September 1, 2019.