Texas 2019 - 86th Regular

Texas Senate Bill SB2508 Compare Versions

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

Old	New	Differences
1	1	86R16346 GRM-F
2	2	By: Kolkhorst S.B. No. 2508
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
8	8	Harris County Municipal Utility District No. 436; providing
9	9	authority to issue bonds; providing authority to impose fees and
10	10	taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 8088 to read as follows:
14	14	CHAPTER 8088. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 436
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8088.0101. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "District" means the Harris County Municipal
19	19	Utility District No. 436.
20	20	Sec. 8088.0102. NATURE AND PURPOSES OF DISTRICT. (a) The
21	21	district is a municipal utility district created under Section 59,
22	22	Article XVI, Texas Constitution.
23	23	(b) The district is created to accomplish the purposes of:
24	24	(1) a municipal utility district as provided by
25	25	general law and Section 59, Article XVI, Texas Constitution; and
26	26	(2) Section 52, Article III, Texas Constitution, that
27	27	relate to the construction, acquisition, improvement, operation,
28	28	or maintenance of macadamized, graveled, or paved roads, or
29	29	improvements, including storm drainage, in aid of those roads.
30	30	SUBCHAPTER B. POWERS AND DUTIES
31	31	Sec. 8088.0201. GENERAL POWERS AND DUTIES. The district
32	32	has the powers and duties necessary to accomplish the purposes for
33	33	which the district is created.
34	34	Sec. 8088.0202. MUNICIPAL UTILITY DISTRICT POWERS AND
35	35	DUTIES. The district has the powers and duties provided by the
36	36	general law of this state, including Chapters 49 and 54, Water Code,
37	37	applicable to municipal utility districts created under Section 59,
38	38	Article XVI, Texas Constitution.
39	39	Sec. 8088.0203. AUTHORITY FOR ROAD PROJECTS. Under Section
40	40	52, Article III, Texas Constitution, the district may design,
41	41	acquire, construct, finance, issue bonds for, improve, operate,
42	42	maintain, and convey to this state, a county, or a municipality for
43	43	operation and maintenance macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 8088.0204. ROAD STANDARDS AND REQUIREMENTS. (a) A
46	46	road project must meet all applicable construction standards,
47	47	zoning and subdivision requirements, and regulations of each
48	48	municipality in whose corporate limits or extraterritorial
49	49	jurisdiction the road project is located.
50	50	(b) If a road project is not located in the corporate limits
51	51	or extraterritorial jurisdiction of a municipality, the road
52	52	project must meet all applicable construction standards,
53	53	subdivision requirements, and regulations of each county in which
54	54	the road project is located.
55	55	(c) If the state will maintain and operate the road, the
56	56	Texas Transportation Commission must approve the plans and
57	57	specifications of the road project.
58	58	Sec. 8088.0205. DIVISION OF DISTRICT. (a) The district may
59	59	be divided into two or more new districts only if the district:
60	60	(1) has never issued any bonds; and
61	61	(2) is not imposing ad valorem taxes.
62	62	(b) This chapter applies to any new district created by the
63	63	division of the district, and a new district has all the powers and
64	64	duties of the district.
65	65	(c) Any new district created by the division of the district
66	66	may not, at the time the new district is created, contain any land
67	67	outside the territory of the original district as it existed on
68	68	January 1, 2019.
69	69	(d) The board, on its own motion or on receipt of a petition
70	70	signed by the owner or owners of a majority of the assessed value of
71	71	the real property in the district, may adopt an order dividing the
72	72	district.
73	73	(e) The board may adopt an order dividing the district
74	74	before or after the date the board holds an election under Section
75	75	49.102, Water Code, to confirm the district's creation.
76	76	(f) An order dividing the district must:
77	77	(1) name each new district;
78	78	(2) include the metes and bounds description of the
79	79	territory of each new district;
80	80	(3) appoint temporary directors for each new district;
81	81	and
82	82	(4) provide for the division of assets and liabilities
83	83	between the new districts.
84	84	(g) On or before the 30th day after the date of adoption of
85	85	an order dividing the district, the district shall file the order
86	86	with the commission and record the order in the real property
87	87	records of each county in which the district is located.
88	88	(h) Any new district created by the division of the district
89	89	shall hold a confirmation and directors' election as required by
90	90	Section 49.102, Water Code.
91	91	(i) Municipal consent to the creation of the district and to
92	92	the inclusion of land in the district granted under Section 54.016,
93	93	Water Code, acts as municipal consent to the creation of any new
94	94	district created by the division of the district and to the
95	95	inclusion of land in the new district.
96	96	(j) Any new district created by the division of the district
97	97	must hold an election as required by this chapter to obtain voter
98	98	approval before the district may impose a maintenance tax or issue
99	99	bonds payable wholly or partly from ad valorem taxes.
100	100	(k) If the creation of the new district is confirmed, the
101	101	new district shall provide the election date and results to the
102	102	commission.
103	103	SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
104	104	Sec. 8088.0301. AUTHORITY TO ISSUE BONDS AND OTHER
105	105	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
106	106	other obligations payable wholly or partly from ad valorem taxes,
107	107	impact fees, revenue, contract payments, grants, or other district
108	108	money, or any combination of those sources, to pay for a road
109	109	project authorized by Section 8088.0203.
110	110	(b) The district may not issue bonds payable from ad valorem
111	111	taxes to finance a road project unless the issuance is approved by a
112	112	vote of a two-thirds majority of the district voters voting at an
113	113	election held for that purpose.
114	114	(c) At the time of issuance, the total principal amount of
115	115	bonds or other obligations issued or incurred to finance road
116	116	projects and payable from ad valorem taxes may not exceed
117	117	one-fourth of the assessed value of the real property in the
118	118	district.
119	119	Sec. 8088.0302. TAXES FOR BONDS. At the time the district
120	120	issues bonds payable wholly or partly from ad valorem taxes, the
121	121	board shall provide for the annual imposition of a continuing
122	122	direct ad valorem tax, without limit as to rate or amount, while all
123	123	or part of the bonds are outstanding as required and in the manner
124	124	provided by Sections 54.601 and 54.602, Water Code.
125	125	SECTION 2. The Harris County Municipal Utility District No.
126	126	436 retains all the rights, powers, privileges, authority, duties,
127	127	and functions that it had before the effective date of this Act.
128	128	SECTION 3. (a) The legislature validates and confirms all
129	129	governmental acts and proceedings of the Harris County Municipal
130	130	Utility District No. 436 that were taken before the effective date
131	131	of this Act.
132	132	(b) This section does not apply to any matter that on the
133	133	effective date of this Act:
134	134	(1) is involved in litigation if the litigation
135	135	ultimately results in the matter being held invalid by a final court
136	136	judgment; or
137	137	(2) has been held invalid by a final court judgment.
138	138	SECTION 4. (a) The legal notice of the intention to
139	139	introduce this Act, setting forth the general substance of this
140	140	Act, has been published as provided by law, and the notice and a
141	141	copy of this Act have been furnished to all persons, agencies,
142	142	officials, or entities to which they are required to be furnished
143	143	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
144	144	Government Code.
145	145	(b) The governor, one of the required recipients, has
146	146	submitted the notice and Act to the Texas Commission on
147	147	Environmental Quality.
148	148	(c) The Texas Commission on Environmental Quality has filed
149	149	its recommendations relating to this Act with the governor, the
150	150	lieutenant governor, and the speaker of the house of
151	151	representatives within the required time.
152	152	(d) All requirements of the constitution and laws of this
153	153	state and the rules and procedures of the legislature with respect
154	154	to the notice, introduction, and passage of this Act are fulfilled
155	155	and accomplished.
156	156	SECTION 5. This Act takes effect immediately if it receives
157	157	a vote of two-thirds of all the members elected to each house, as
158	158	provided by Section 39, Article III, Texas Constitution. If this
159	159	Act does not receive the vote necessary for immediate effect, this
160	160	Act takes effect September 1, 2019.