Texas 2019 - 86th Regular

Texas Senate Bill SB2484 Compare Versions

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

Old	New	Differences
1	1	86R10235 SLB-F
2	2	By: Kolkhorst S.B. No. 2484
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the board of directors and powers and duties of the Fort
8	8	Bend County Municipal Utility District No. 214; providing authority
9	9	to issue bonds; providing authority to impose fees and taxes.
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 8060 to read as follows:
13	13	CHAPTER 8060. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 214
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8060.0101. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(3) "Director" means a board member.
20	20	(4) "District" means the Fort Bend County Municipal
21	21	Utility District No. 214.
22	22	Sec. 8060.0102. NATURE AND PURPOSES OF DISTRICT. (a) The
23	23	district is a municipal utility district created under Section 59,
24	24	Article XVI, Texas Constitution.
25	25	(b) The district is created to accomplish the purposes of:
26	26	(1) a municipal utility district as provided by
27	27	general law and Section 59, Article XVI, Texas Constitution; and
28	28	(2) Section 52, Article III, Texas Constitution, that
29	29	relate to the construction, acquisition, improvement, operation,
30	30	or maintenance of macadamized, graveled, or paved roads, or
31	31	improvements, including storm drainage, in aid of those roads.
32	32	SUBCHAPTER B. BOARD OF DIRECTORS
33	33	Sec. 8060.0201. GOVERNING BODY; TERMS. (a) The district is
34	34	governed by a board of five elected directors.
35	35	(b) Except as provided by Section 8060.0202, directors
36	36	serve staggered four-year terms.
37	37	Sec. 8060.0202. TEMPORARY DIRECTORS. (a) The temporary
38	38	board consists of:
39	39	(1) Scott Frasier;
40	40	(2) Paul Cornett;
41	41	(3) Monica Preston;
42	42	(4) Barbara Jo D'Andrea; and
43	43	(5) Rebecca Mulvaney.
44	44	(b) Temporary directors serve until the earlier of:
45	45	(1) the date permanent directors are elected at an
46	46	election held under Section 49.102, Water Code; or
47	47	(2) the fourth anniversary of the effective date of
48	48	the Act enacting this chapter.
49	49	(c) If permanent directors have not been elected at an
50	50	election held under Section 49.102, Water Code, and the terms of the
51	51	temporary directors have expired, successor temporary directors
52	52	shall be appointed or reappointed as provided by Subsection (d) to
53	53	serve terms that expire on the earlier of:
54	54	(1) the date permanent directors are elected at an
55	55	election held under Section 49.102, Water Code; or
56	56	(2) the fourth anniversary of the date of the
57	57	appointment or reappointment.
58	58	(d) If Subsection (c) applies, the owner or owners of a
59	59	majority of the assessed value of the real property in the district
60	60	may submit a petition to the commission requesting that the
61	61	commission appoint as successor temporary directors the five
62	62	persons named in the petition. The commission shall appoint as
63	63	successor temporary directors the five persons named in the
64	64	petition.
65	65	SUBCHAPTER C. POWERS AND DUTIES
66	66	Sec. 8060.0301. GENERAL POWERS AND DUTIES. The district
67	67	has the powers and duties necessary to accomplish the purposes for
68	68	which the district is created.
69	69	Sec. 8060.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
70	70	DUTIES. The district has the powers and duties provided by the
71	71	general law of this state, including Chapters 49 and 54, Water Code,
72	72	applicable to municipal utility districts created under Section 59,
73	73	Article XVI, Texas Constitution.
74	74	Sec. 8060.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
75	75	52, Article III, Texas Constitution, the district may design,
76	76	acquire, construct, finance, issue bonds for, improve, operate,
77	77	maintain, and convey to this state, a county, or a municipality for
78	78	operation and maintenance macadamized, graveled, or paved roads, or
79	79	improvements, including storm drainage, in aid of those roads.
80	80	Sec. 8060.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
81	81	road project must meet all applicable construction standards,
82	82	zoning and subdivision requirements, and regulations of each
83	83	municipality in whose corporate limits or extraterritorial
84	84	jurisdiction the road project is located.
85	85	(b) If a road project is not located in the corporate limits
86	86	or extraterritorial jurisdiction of a municipality, the road
87	87	project must meet all applicable construction standards,
88	88	subdivision requirements, and regulations of each county in which
89	89	the road project is located.
90	90	(c) If the state will maintain and operate the road, the
91	91	Texas Transportation Commission must approve the plans and
92	92	specifications of the road project.
93	93	SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS
94	94	Sec. 8060.0401. 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 8060.0303.
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. 8060.0402. TAXES FOR BONDS. At the time the district
110	110	issues bonds payable wholly or partly from ad valorem taxes, the
111	111	board 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 Fort Bend County Municipal Utility District
116	116	No. 214 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 Fort Bend County Municipal
121	121	Utility District No. 214 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.