Texas 2019 - 86th Regular

Texas Senate Bill SB2511 Compare Versions

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

Old	New	Differences
1	1	86R16345 SLB-F
2	2	By: Kolkhorst S.B. No. 2511
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 Harris County Municipal
8	8	Utility District No. 478; providing authority to issue bonds;
9	9	providing authority to impose assessments, fees, and taxes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 8334.005(b), Special District Local Laws
12	12	Code, is amended to read as follows:
13	13	(b) The district is created to accomplish the purposes of:
14	14	(1) a municipal utility district as provided by
15	15	general law and Section 59, Article XVI, Texas Constitution; and
16	16	(2) Section 52, Article III, Texas Constitution, that
17	17	relate to the construction, acquisition, [or] improvement,
18	18	operation, or maintenance of macadamized, graveled, or paved roads
19	19	[described by Section 54.234, Water Code], or improvements,
20	20	including storm drainage, in aid of those roads.
21	21	SECTION 2. Section 8334.103(a), Special District Local Laws
22	22	Code, is amended to read as follows:
23	23	(a) Under Section 52, Article III, Texas Constitution, the
24	24	district may design, acquire, construct, finance, issue bonds for,
25	25	improve, operate, maintain, and convey to this state, a county, or a
26	26	municipality for operation and maintenance macadamized, graveled,
27	27	or paved roads [described by Section 54.234, Water Code], or
28	28	improvements, including storm drainage, in aid of those roads.
29	29	SECTION 3. Subchapter C, Chapter 8334, Special District
30	30	Local Laws Code, is amended by adding Sections 8334.1035 and
31	31	8334.107 to read as follows:
32	32	Sec. 8334.1035. ROAD STANDARDS AND REQUIREMENTS. (a) A
33	33	road project must meet all applicable construction standards,
34	34	zoning and subdivision requirements, and regulations of each
35	35	municipality in whose corporate limits or extraterritorial
36	36	jurisdiction the road project is located.
37	37	(b) If a road project is not located in the corporate limits
38	38	or extraterritorial jurisdiction of a municipality, the road
39	39	project must meet all applicable construction standards,
40	40	subdivision requirements, and regulations of each county in which
41	41	the road project is located.
42	42	(c) If the state will maintain and operate the road, the
43	43	Texas Transportation Commission must approve the plans and
44	44	specifications of the road project.
45	45	Sec. 8334.107. DIVISION OF DISTRICT. (a) The district may
46	46	be divided into two or more new districts only if the district:
47	47	(1) has never issued any bonds; and
48	48	(2) is not imposing ad valorem taxes.
49	49	(b) This chapter applies to any new district created by the
50	50	division of the district, and a new district has all the powers and
51	51	duties of the district.
52	52	(c) Any new district created by the division of the district
53	53	may not, at the time the new district is created, contain any land
54	54	outside the area described by Section 2 of the Act enacting this
55	55	chapter.
56	56	(d) The board, on its own motion or on receipt of a petition
57	57	signed by the owner or owners of a majority of the assessed value of
58	58	the real property in the district, may adopt an order dividing the
59	59	district.
60	60	(e) An order dividing the district must:
61	61	(1) name each new district;
62	62	(2) include the metes and bounds description of the
63	63	territory of each new district;
64	64	(3) appoint temporary directors for each new district;
65	65	and
66	66	(4) provide for the division of assets and liabilities
67	67	between or among the new districts.
68	68	(f) On or before the 30th day after the date of adoption of
69	69	an order dividing the district, the district shall file the order
70	70	with the Texas Commission on Environmental Quality and record the
71	71	order in the real property records of each county in which the
72	72	district is located.
73	73	(g) Any new district created by the division of the district
74	74	shall hold a confirmation and directors' election.
75	75	(h) Municipal consent to the creation of the district and to
76	76	the inclusion of land in the district granted under Section
77	77	8334.004 acts as municipal consent to the creation of any new
78	78	district under this section and the inclusion of land in the new
79	79	district.
80	80	(i) Any new district created by the division of the district
81	81	must hold an election as required by this chapter to obtain voter
82	82	approval before the district may impose a maintenance tax or issue
83	83	bonds payable wholly or partly from ad valorem taxes.
84	84	(j) If the creation of the new district is confirmed, the
85	85	new district shall provide the election date and results to the
86	86	Texas Commission on Environmental Quality.
87	87	SECTION 4. Sections 8334.003, 8334.103(b), and 8334.104,
88	88	Special District Local Laws Code, are repealed.
89	89	SECTION 5. The Harris County Municipal Utility District
90	90	No. 478 retains all the rights, powers, privileges, authority,
91	91	duties, and functions that it had before the effective date of this
92	92	Act.
93	93	SECTION 6. (a) The legislature validates and confirms all
94	94	governmental acts and proceedings of the Harris County Municipal
95	95	Utility District No. 478 that were taken before the effective date
96	96	of this Act.
97	97	(b) This section does not apply to any matter that on the
98	98	effective date of this Act:
99	99	(1) is involved in litigation if the litigation
100	100	ultimately results in the matter being held invalid by a final court
101	101	judgment; or
102	102	(2) has been held invalid by a final court judgment.
103	103	SECTION 7. (a) The legal notice of the intention to
104	104	introduce this Act, setting forth the general substance of this
105	105	Act, has been published as provided by law, and the notice and a
106	106	copy of this Act have been furnished to all persons, agencies,
107	107	officials, or entities to which they are required to be furnished
108	108	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
109	109	Government Code.
110	110	(b) The governor, one of the required recipients, has
111	111	submitted the notice and Act to the Texas Commission on
112	112	Environmental Quality.
113	113	(c) The Texas Commission on Environmental Quality has filed
114	114	its recommendations relating to this Act with the governor, the
115	115	lieutenant governor, and the speaker of the house of
116	116	representatives within the required time.
117	117	(d) All requirements of the constitution and laws of this
118	118	state and the rules and procedures of the legislature with respect
119	119	to the notice, introduction, and passage of this Act are fulfilled
120	120	and accomplished.
121	121	SECTION 8. This Act takes effect immediately if it receives
122	122	a vote of two-thirds of all the members elected to each house, as
123	123	provided by Section 39, Article III, Texas Constitution. If this
124	124	Act does not receive the vote necessary for immediate effect, this
125	125	Act takes effect September 1, 2019.