Texas 2019 - 86th Regular

Texas Senate Bill SB2467 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R15967 GRM-F
1	2		By: Creighton S.B. No. 2467
2		-	(In the Senate - Filed March 26, 2019; March 27, 2019, read
3		-	first time and referred to Committee on Intergovernmental
4		-	Relations; April 17, 2019, reported favorably by the following
5		-	vote: Yeas 7, Nays 0; April 17, 2019, sent to printer.)
6		-	Click here to see the committee vote
7	3
8	4
9	5		A BILL TO BE ENTITLED
10	6		AN ACT
11	7		relating to the board of directors and powers and duties of the East
12	8		Montgomery County Municipal Utility District No. 12; providing
13	9		authority to issue bonds; providing authority to impose
14	10		assessments, fees, and taxes.
15	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	12		SECTION 1. Section 8116.002, Special District Local Laws
17	13		Code, is amended to read as follows:
18	14		Sec. 8116.002. NATURE AND PURPOSES OF DISTRICT. (a) The
19	15		district is [a municipal utility district in Montgomery County]
20	16		created to serve a public purpose and benefit [under and essential
21	17		to accomplish the purposes of Section 59, Article XVI, Texas
22	18		Constitution].
23	19		(b) The district is created to accomplish the purposes of:
24	20		(1) a municipal utility district as provided by
25	21		general law and Section 59, Article XVI, Texas Constitution; and
26	22		(2) Section 52, Article III, Texas Constitution, that
27	23		relate to the construction, acquisition, improvement, operation,
28	24		or maintenance of macadamized, graveled, or paved roads, or
29	25		improvements, including storm drainage, in aid of those roads.
30	26		SECTION 2. Section 8116.051(b), Special District Local Laws
31	27		Code, is amended to read as follows:
32	28		(b) Except as provided by Section 8116.053, directors
33	29		[Directors] serve staggered four-year terms.
34	30		SECTION 3. Subchapter B, Chapter 8116, Special District
35	31		Local Laws Code, is amended by adding Section 8116.053 to read as
36	32		follows:
37	33		Sec. 8116.053. TEMPORARY DIRECTORS. (a) The temporary
38	34		board consists of:
39	35		(1) Larry Williams;
40	36		(2) Rachel Maybray;
41	37		(3) Michael Others;
42	38		(4) Virginia French; and
43	39		(5) Valerie Mullan.
44	40		(b) Temporary directors serve until the earlier of:
45	41		(1) the date permanent directors are elected at an
46	42		election held under Section 49.102, Water Code; or
47	43		(2) the fourth anniversary of the effective date of
48	44		the Act enacting this section.
49	45		(c) If permanent directors have not been elected at an
50	46		election held under Section 49.102, Water Code, and the terms of the
51	47		temporary directors have expired, successor temporary directors
52	48		shall be appointed or reappointed as provided by Subsection (d) to
53	49		serve terms that expire on the earlier of:
54	50		(1) the date permanent directors are elected at an
55	51		election held under Section 49.102, Water Code; or
56	52		(2) the fourth anniversary of the date of the
57	53		appointment or reappointment.
58	54		(d) If Subsection (c) applies, the owner or owners of a
59	55		majority of the assessed value of the real property in the district
60	56		may submit a petition to the Texas Commission on Environmental
61	57		Quality requesting that the commission appoint as successor
62	58		temporary directors the five persons named in the petition. The
63	59		Texas Commission on Environmental Quality shall appoint as
64	60		successor temporary directors the five persons named in the
65	61		petition.
66	62		SECTION 4. Subchapter C, Chapter 8116, Special District
67	63		Local Laws Code, is amended by adding Sections 8116.104, 8116.105,
68	64		8116.106, and 8116.107 to read as follows:
69	65		Sec. 8116.104. GENERAL POWERS AND DUTIES. The district has
70	66		the powers and duties necessary to accomplish the purposes for
71	67		which the district is created.
72	68		Sec. 8116.105. MUNICIPAL UTILITY DISTRICT POWERS AND
73	69		DUTIES. The district has the powers and duties provided by the
74	70		general law of this state, including Chapters 49 and 54, Water Code,
75	71		applicable to municipal utility districts created under Section 59,
76	72		Article XVI, Texas Constitution.
77	73		Sec. 8116.106. AUTHORITY FOR ROAD PROJECTS. Under Section
78	74		52, Article III, Texas Constitution, the district may design,
79	75		acquire, construct, finance, issue bonds for, improve, operate,
80	76		maintain, and convey to this state, a county, or a municipality for
81	77		operation and maintenance macadamized, graveled, or paved roads, or
82	78		improvements, including storm drainage, in aid of those roads.
83		-	Sec. 8116.107. ROAD STANDARDS AND REQUIREMENTS. (a) A
84		-	~~road~~ project must meet all applicable construction standards,
85		-	~~zoning and~~ subdivision requirements, and regulations of each
86		-	~~municipality in~~ whose corporate limits or extraterritorial
87		-	~~jurisdiction the road~~ project is located.
	79	+	Sec. 8116.107. ROAD STANDARDS AND REQUIREMENTS. (a) A road
	80	+	project must meet all applicable construction standards, zoning and
	81	+	subdivision requirements, and regulations of each municipality in
	82	+	whose corporate limits or extraterritorial jurisdiction the road
	83	+	project is located.
88	84		(b) If a road project is not located in the corporate limits
89	85		or extraterritorial jurisdiction of a municipality, the road
90	86		project must meet all applicable construction standards,
91	87		subdivision requirements, and regulations of each county in which
92	88		the road project is located.
93	89		(c) If the state will maintain and operate the road, the
94	90		Texas Transportation Commission must approve the plans and
95	91		specifications of the road project.
96	92		SECTION 5. Chapter 8116, Special District Local Laws Code,
97	93		is amended by adding Subchapters D and E to read as follows:
98	94		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
99		-	Sec. 8116.151. ELECTIONS REGARDING TAXES OR BONDS.
100		-	~~(a) The~~ district may issue, without an election, bonds and other
	95	+	Sec. 8116.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
	96	+	district may issue, without an election, bonds and other
101	97		obligations secured by:
102	98		(1) revenue other than ad valorem taxes; or
103	99		(2) contract payments described by Section 8116.153.
104	100		(b) The district must hold an election in the manner
105	101		provided by Chapters 49 and 54, Water Code, to obtain voter approval
106	102		before the district may impose an ad valorem tax or issue bonds
107	103		payable from ad valorem taxes.
108	104		(c) The district may not issue bonds payable from ad valorem
109	105		taxes to finance a road project unless the issuance is approved by a
110	106		vote of a two-thirds majority of the district voters voting at an
111	107		election held for that purpose.
112	108		Sec. 8116.152. OPERATION AND MAINTENANCE TAX. (a) If
113	109		authorized at an election held under Section 8116.151, the district
114	110		may impose an operation and maintenance tax on taxable property in
115	111		the district in accordance with Section 49.107, Water Code.
116	112		(b) The board shall determine the tax rate. The rate may not
117	113		exceed the rate approved at the election.
118	114		Sec. 8116.153. CONTRACT TAXES. (a) In accordance with
119	115		Section 49.108, Water Code, the district may impose a tax other than
120	116		an operation and maintenance tax and use the revenue derived from
121	117		the tax to make payments under a contract after the provisions of
122	118		the contract have been approved by a majority of the district voters
123	119		voting at an election held for that purpose.
124	120		(b) A contract approved by the district voters may contain a
125	121		provision stating that the contract may be modified or amended by
126	122		the board without further voter approval.
127	123		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
128	124		Sec. 8116.201. AUTHORITY TO ISSUE BONDS AND OTHER
129	125		OBLIGATIONS. The district may issue bonds or other obligations
130	126		payable wholly or partly from ad valorem taxes, impact fees,
131	127		revenue, contract payments, grants, or other district money, or any
132	128		combination of those sources, to pay for any authorized district
133	129		purpose.
134	130		Sec. 8116.202. TAXES FOR BONDS. At the time the district
135	131		issues bonds payable wholly or partly from ad valorem taxes, the
136	132		board shall provide for the annual imposition of a continuing
137	133		direct ad valorem tax, without limit as to rate or amount, while all
138	134		or part of the bonds are outstanding as required and in the manner
139	135		provided by Sections 54.601 and 54.602, Water Code.
140	136		Sec. 8116.203. BONDS FOR ROAD PROJECTS. At the time of
141	137		issuance, the total principal amount of bonds or other obligations
142	138		issued or incurred to finance road projects and payable from ad
143	139		valorem taxes may not exceed one-fourth of the assessed value of the
144	140		real property in the district.
145	141		SECTION 6. The following provisions of the Special District
146	142		Local Laws Code are repealed:
147	143		(1) Subchapter A1, Chapter 8116; and
148	144		(2) Section 8116.052.
149	145		SECTION 7. The East Montgomery County Municipal Utility
150	146		District No. 12 retains all the rights, powers, privileges,
151	147		authority, duties, and functions that it had before the effective
152	148		date of this Act.
153	149		SECTION 8. (a) The legislature validates and confirms all
154	150		governmental acts and proceedings of the East Montgomery County
155	151		Municipal Utility District No. 12 that were taken before the
156	152		effective date of this Act.
157	153		(b) This section does not apply to any matter that on the
158	154		effective date of this Act:
159	155		(1) is involved in litigation if the litigation
160	156		ultimately results in the matter being held invalid by a final court
161	157		judgment; or
162	158		(2) has been held invalid by a final court judgment.
163	159		SECTION 9. (a) The legal notice of the intention to
164	160		introduce this Act, setting forth the general substance of this
165	161		Act, has been published as provided by law, and the notice and a
166	162		copy of this Act have been furnished to all persons, agencies,
167	163		officials, or entities to which they are required to be furnished
168	164		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
169	165		Government Code.
170	166		(b) The governor, one of the required recipients, has
171	167		submitted the notice and Act to the Texas Commission on
172	168		Environmental Quality.
173	169		(c) The Texas Commission on Environmental Quality has filed
174	170		its recommendations relating to this Act with the governor, the
175	171		lieutenant governor, and the speaker of the house of
176	172		representatives within the required time.
177	173		(d) All requirements of the constitution and laws of this
178	174		state and the rules and procedures of the legislature with respect
179	175		to the notice, introduction, and passage of this Act are fulfilled
180	176		and accomplished.
181	177		SECTION 10. This Act takes effect immediately if it
182	178		receives a vote of two-thirds of all the members elected to each
183	179		house, as provided by Section 39, Article III, Texas Constitution.
184	180		If this Act does not receive the vote necessary for immediate
185	181		effect, this Act takes effect September 1, 2019.
186		-	* * * * *