Texas 2019 - 86th Regular

Texas Senate Bill SB2497 Compare Versions

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

Old	New	Differences
1	1	86R7003 AAF-F
2	2	By: Kolkhorst S.B. No. 2497
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 Fort Bend County Municipal
8	8	Utility District No. 168; 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 8030 to read as follows:
13	13	CHAPTER 8030. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 168
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8030.0001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "District" means the Fort Bend County Municipal
18	18	Utility District No. 168.
19	19	Sec. 8030.0002. 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. 8030.0051. 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. 8030.0052. 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. 8030.0053. 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. 8030.0054. ROAD STANDARDS AND REQUIREMENTS. (a) A
45	45	road project must meet all applicable construction standards and
46	46	regulations of each municipality in whose corporate limits or
47	47	extraterritorial jurisdiction the road project is located.
48	48	(b) If a road project is not located in the corporate limits
49	49	or extraterritorial jurisdiction of a municipality, the road
50	50	project must meet all applicable construction standards and
51	51	regulations of each county in which the road project is located.
52	52	(c) If the state will maintain and operate the road, the
53	53	Texas Transportation Commission must approve the plans and
54	54	specifications of the road project.
55	55	Sec. 8030.0055. AUTHORITY TO ESTABLISH DEFINED AREAS OR
56	56	DESIGNATED PROPERTY. Notwithstanding the acreage requirement
57	57	under Section 54.801(a), Water Code, the district may define areas
58	58	or designate certain property of the district as provided by
59	59	Subchapter J, Chapter 54, Water Code, to pay for improvements,
60	60	facilities, or services that primarily benefit that area or
61	61	property and do not generally and directly benefit the district as a
62	62	whole.
63	63	SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
64	64	Sec. 8030.0101. AUTHORITY TO ISSUE BONDS AND OTHER
65	65	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
66	66	other obligations payable wholly or partly from ad valorem taxes,
67	67	revenue, contract payments, grants, or other district money, or any
68	68	combination of those sources, to pay for a road project authorized
69	69	by Section 8030.0053.
70	70	(b) The district may not issue bonds payable from ad valorem
71	71	taxes to finance a road project unless the issuance is approved by a
72	72	vote of a two-thirds majority of the district voters voting at an
73	73	election held for that purpose.
74	74	(c) At the time of issuance, the total principal amount of
75	75	bonds or other obligations issued or incurred to finance road
76	76	projects and payable from ad valorem taxes may not exceed
77	77	one-fourth of the assessed value of the real property in the
78	78	district.
79	79	Sec. 8030.0102. TAXES FOR BONDS. At the time the district
80	80	issues bonds payable wholly or partly from ad valorem taxes, the
81	81	board shall provide for the annual imposition of a continuing
82	82	direct ad valorem tax, without limit as to rate or amount, while all
83	83	or part of the bonds are outstanding as required and in the manner
84	84	provided by Sections 54.601 and 54.602, Water Code.
85	85	SECTION 2. The Fort Bend County Municipal Utility District
86	86	No. 168 retains all the rights, powers, privileges, authority,
87	87	duties, and functions that it had before the effective date of this
88	88	Act.
89	89	SECTION 3. (a) The legal notice of the intention to
90	90	introduce this Act, setting forth the general substance of this
91	91	Act, has been published as provided by law, and the notice and a
92	92	copy of this Act have been furnished to all persons, agencies,
93	93	officials, or entities to which they are required to be furnished
94	94	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
95	95	Government Code.
96	96	(b) The governor, one of the required recipients, has
97	97	submitted the notice and Act to the Texas Commission on
98	98	Environmental Quality.
99	99	(c) The Texas Commission on Environmental Quality has filed
100	100	its recommendations relating to this Act with the governor, the
101	101	lieutenant governor, and the speaker of the house of
102	102	representatives within the required time.
103	103	(d) All requirements of the constitution and laws of this
104	104	state and the rules and procedures of the legislature with respect
105	105	to the notice, introduction, and passage of this Act are fulfilled
106	106	and accomplished.
107	107	SECTION 4. This Act takes effect immediately if it receives
108	108	a vote of two-thirds of all the members elected to each house, as
109	109	provided by Section 39, Article III, Texas Constitution. If this
110	110	Act does not receive the vote necessary for immediate effect, this
111	111	Act takes effect September 1, 2019.