Texas 2019 - 86th Regular

Texas Senate Bill SB2481 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2481
	1	+	By: Nichols S.B. No. 2481
	2	+	(Bell of Montgomery)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the powers and duties of the Montgomery County
6	8		Municipal Utility District No. 164; providing authority to issue
7	9		bonds; providing authority to impose a tax.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Subtitle F, Title 6, Special District Local Laws
10	12		Code, is amended by adding Chapter 8096 to read as follows:
11	13		CHAPTER 8096. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 164
12	14		SUBCHAPTER A. GENERAL PROVISIONS
13	15		Sec. 8096.0101. DEFINITIONS. In this chapter:
14	16		(1) "Board" means the district's board of directors.
15	17		(2) "District" means the Montgomery County Municipal
16	18		Utility District No. 164.
17	19		Sec. 8096.0102. NATURE AND PURPOSES OF DISTRICT. (a) The
18	20		district is a municipal utility district created under Section 59,
19	21		Article XVI, Texas Constitution.
20	22		(b) The district is created to accomplish the purposes of:
21	23		(1) a municipal utility district as provided by
22	24		general law and Section 59, Article XVI, Texas Constitution; and
23	25		(2) Section 52, Article III, Texas Constitution, that
24	26		relate to the construction, acquisition, improvement, operation,
25	27		or maintenance of macadamized, graveled, or paved roads, or
26	28		improvements, including storm drainage, in aid of those roads.
27	29		SUBCHAPTER B. POWERS AND DUTIES
28	30		Sec. 8096.0201. GENERAL POWERS AND DUTIES. The district
29	31		has the powers and duties necessary to accomplish the purposes for
30	32		which the district is created.
31	33		Sec. 8096.0202. MUNICIPAL UTILITY DISTRICT POWERS AND
32	34		DUTIES. The district has the powers and duties provided by the
33	35		general law of this state, including Chapters 49 and 54, Water Code,
34	36		applicable to municipal utility districts created under Section 59,
35	37		Article XVI, Texas Constitution.
36	38		Sec. 8096.0203. AUTHORITY FOR ROAD PROJECTS. Under Section
37	39		52, Article III, Texas Constitution, the district may design,
38	40		acquire, construct, finance, issue bonds for, improve, operate,
39	41		maintain, and convey to this state, a county, or a municipality for
40	42		operation and maintenance macadamized, graveled, or paved roads, or
41	43		improvements, including storm drainage, in aid of those roads.
42	44		Sec. 8096.0204. ROAD STANDARDS AND REQUIREMENTS. (a) A
43	45		road project must meet all applicable construction standards,
44	46		zoning and subdivision requirements, and regulations of each
45	47		municipality in whose corporate limits or extraterritorial
46	48		jurisdiction the road project is located.
47	49		(b) If a road project is not located in the corporate limits
48	50		or extraterritorial jurisdiction of a municipality, the road
49	51		project must meet all applicable construction standards,
50	52		subdivision requirements, and regulations of each county in which
51	53		the road project is located.
52	54		(c) If the state will maintain and operate the road, the
53	55		Texas Transportation Commission must approve the plans and
54	56		specifications of the road project.
55	57		Sec. 8096.0205. DIVISION OF DISTRICT. (a) The district
56	58		may be divided into two or more new districts only if the district:
57	59		(1) has never issued any bonds; and
58	60		(2) is not imposing ad valorem taxes.
59	61		(b) This chapter applies to any new district created by the
60	62		division of the district, and a new district has all the powers and
61	63		duties of the district.
62	64		(c) Any new district created by the division of the district
63	65		may not, at the time the new district is created, contain any land
64	66		outside the area of the district as it existed on January 1, 2019.
65	67		(d) The board, on its own motion or on receipt of a petition
66	68		signed by the owner or owners of a majority of the assessed value of
67	69		the real property in the district, may adopt an order dividing the
68	70		district.
69	71		(e) The board may adopt an order dividing the district
70	72		before or after the date the board holds an election under Section
71	73		49.102, Water Code, to confirm the creation of the district.
72	74		(f) An order dividing the district shall:
73	75		(1) name each new district;
74	76		(2) include the metes and bounds description of the
75	77		territory of each new district;
76	78		(3) appoint temporary directors for each new district;
77	79		and
78	80		(4) provide for the division of assets and liabilities
79	81		between or among the new districts.
80	82		(g) On or before the 30th day after the date of adoption of
81	83		an order dividing the district, the district shall file the order
82	84		with the commission and record the order in the real property
83	85		records of each county in which the district is located.
84	86		(h) Any new district created by the division of the district
85	87		shall hold a confirmation and directors' election as required by
86	88		Section 49.102, Water Code.
87	89		(i) If the creation of the new district is confirmed, the
88	90		new district shall provide the election date and results to the
89	91		Texas Commission on Environmental Quality.
90	92		(j) Any new district created by the division of the district
91	93		must hold an election as required by Section 49.107, Water Code, and
92	94		this chapter to obtain voter approval before the district may
93	95		impose a maintenance tax or issue bonds payable wholly or partly
94	96		from ad valorem taxes.
95	97		(k) Municipal consent to the creation of the district and to
96	98		the inclusion of land in the district acts as municipal consent to
97	99		the creation of any new district created by the division of the
98	100		district and to the inclusion of land in the new district.
99	101		SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
100	102		Sec. 8096.0301. AUTHORITY TO ISSUE BONDS AND OTHER
101	103		OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds
102	104		or other obligations payable wholly or partly from ad valorem
103	105		taxes, impact fees, revenue, contract payments, grants, or other
104	106		district money, or any combination of those sources, to pay for a
105	107		road project authorized by Section 8096.0203.
106	108		(b) The district may not issue bonds payable from ad valorem
107	109		taxes to finance a road project unless the issuance is approved by a
108	110		vote of a two-thirds majority of the district voters voting at an
109	111		election held for that purpose.
110	112		(c) At the time of issuance, the total principal amount of
111	113		bonds or other obligations issued or incurred to finance road
112	114		projects and payable from ad valorem taxes may not exceed
113	115		one-fourth of the assessed value of the real property in the
114	116		district.
115	117		Sec. 8096.0302. TAXES FOR BONDS. At the time the district
116	118		issues bonds payable wholly or partly from ad valorem taxes, the
117	119		board shall provide for the annual imposition of a continuing
118	120		direct ad valorem tax, without limit as to rate or amount, while all
119	121		or part of the bonds are outstanding as required and in the manner
120	122		provided by Sections 54.601 and 54.602, Water Code.
121	123		SECTION 2. The Montgomery County Municipal Utility District
122	124		No. 164 retains all the rights, powers, privileges, authority,
123	125		duties, and functions that it had before the effective date of this
124	126		Act.
125	127		SECTION 3. (a) The legislature validates and confirms all
126	128		governmental acts and proceedings of the Montgomery County
127	129		Municipal Utility District No. 164 that were taken before the
128	130		effective date of this Act.
129	131		(b) This section does not apply to any matter that on the
130	132		effective date of this Act:
131	133		(1) is involved in litigation if the litigation
132	134		ultimately results in the matter being held invalid by a final court
133	135		judgment; or
134	136		(2) has been held invalid by a final court judgment.
135	137		SECTION 4. (a) The legal notice of the intention to
136	138		introduce this Act, setting forth the general substance of this
137	139		Act, has been published as provided by law, and the notice and a
138	140		copy of this Act have been furnished to all persons, agencies,
139	141		officials, or entities to which they are required to be furnished
140	142		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
141	143		Government Code.
142	144		(b) The governor, one of the required recipients, has
143	145		submitted the notice and Act to the Texas Commission on
144	146		Environmental Quality.
145	147		(c) The Texas Commission on Environmental Quality has filed
146	148		its recommendations relating to this Act with the governor, the
147	149		lieutenant governor, and the speaker of the house of
148	150		representatives within the required time.
149	151		(d) All requirements of the constitution and laws of this
150	152		state and the rules and procedures of the legislature with respect
151	153		to the notice, introduction, and passage of this Act are fulfilled
152	154		and accomplished.
153	155		SECTION 5. This Act takes effect immediately if it receives
154	156		a vote of two-thirds of all the members elected to each house, as
155	157		provided by Section 39, Article III, Texas Constitution. If this
156	158		Act does not receive the vote necessary for immediate effect, this
157	159		Act takes effect September 1, 2019.
158		-	______________________________ ______________________________
159		-	President of the Senate Speaker of the House
160		-	I hereby certify that S.B. No. 2481 passed the Senate on
161		-	April 26, 2019, by the following vote: Yeas 28, Nays 1, one
162		-	present not voting.
163		-	______________________________
164		-	Secretary of the Senate
165		-	I hereby certify that S.B. No. 2481 passed the House on
166		-	May 14, 2019, by the following vote: Yeas 119, Nays 22, two
167		-	present not voting.
168		-	______________________________
169		-	Chief Clerk of the House
170		-	Approved:
171		-	______________________________
172		-	Date
173		-	______________________________
174		-	Governor