Texas 2019 - 86th Regular

Texas Senate Bill SB2521 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2521
	1	+	By: Bettencourt S.B. No. 2521
	2	+	(Oliverson)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		relating to the powers and duties of the Harris County Municipal
5	7		Utility District No. 248; providing authority to issue bonds and
6	8		impose fees and taxes.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Subtitle F, Title 6, Special District Local Laws
9	11		Code, is amended by adding Chapter 8087 to read as follows:
10	12		CHAPTER 8087. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 248
11	13		SUBCHAPTER A. GENERAL PROVISIONS
12	14		Sec. 8087.0101. DEFINITIONS. In this chapter:
13	15		(1) "Board" means the district's board of directors.
14	16		(2) "District" means the Harris County Municipal
15	17		Utility District No. 248.
16	18		Sec. 8087.0102. NATURE AND PURPOSES OF DISTRICT. (a) The
17	19		district is a municipal utility district created under Section 59,
18	20		Article XVI, Texas Constitution.
19	21		(b) The district is created to accomplish the purposes of:
20	22		(1) a municipal utility district as provided by
21	23		general law and Section 59, Article XVI, Texas Constitution; and
22	24		(2) Section 52, Article III, Texas Constitution, that
23	25		relate to the construction, acquisition, improvement, operation,
24	26		or maintenance of macadamized, graveled, or paved roads, or
25	27		improvements, including storm drainage, in aid of those roads.
26	28		SUBCHAPTER B. POWERS AND DUTIES
27	29		Sec. 8087.0201. GENERAL POWERS AND DUTIES. The district
28	30		has the powers and duties necessary to accomplish the purposes for
29	31		which the district is created.
30	32		Sec. 8087.0202. MUNICIPAL UTILITY DISTRICT POWERS AND
31	33		DUTIES. The district has the powers and duties provided by the
32	34		general law of this state, including Chapters 49 and 54, Water Code,
33	35		applicable to municipal utility districts created under Section 59,
34	36		Article XVI, Texas Constitution.
35	37		Sec. 8087.0203. AUTHORITY FOR ROAD PROJECTS. Under Section
36	38		52, Article III, Texas Constitution, the district may design,
37	39		acquire, construct, finance, issue bonds for, improve, operate,
38	40		maintain, and convey to this state, a county, or a municipality for
39	41		operation and maintenance macadamized, graveled, or paved roads, or
40	42		improvements, including storm drainage, in aid of those roads.
41	43		Sec. 8087.0204. ROAD STANDARDS AND REQUIREMENTS. (a) A
42	44		road project must meet all applicable construction standards,
43	45		zoning and subdivision requirements, and regulations of each
44	46		municipality in whose corporate limits or extraterritorial
45	47		jurisdiction the road project is located.
46	48		(b) If a road project is not located in the corporate limits
47	49		or extraterritorial jurisdiction of a municipality, the road
48	50		project must meet all applicable construction standards,
49	51		subdivision requirements, and regulations of each county in which
50	52		the road project is located.
51	53		(c) If the state will maintain and operate the road, the
52	54		Texas Transportation Commission must approve the plans and
53	55		specifications of the road project.
54	56		SUBCHAPTER C. DEFINED AREAS
55	57		Sec. 8087.0301. AUTHORITY TO ESTABLISH DEFINED AREAS OR
56	58		DESIGNATED PROPERTY. The district may define areas or designate
57	59		certain property of the district to pay for improvements,
58	60		facilities, or services that primarily benefit that area or
59	61		property and do not generally and directly benefit the district as a
60	62		whole.
61	63		Sec. 8087.0302. PROCEDURE FOR ELECTION. (a) Before the
62	64		district may impose an ad valorem tax applicable only to the defined
63	65		area or designated property or issue bonds payable from ad valorem
64	66		taxes of the defined area or designated property, the board shall
65	67		hold an election in the defined area or designated property only.
66	68		(b) The board may submit the proposition to the voters on
67	69		the same ballot to be used in another election.
68	70		Sec. 8087.0303. DECLARING RESULT AND ISSUING ORDER.
69	71		(a) If a majority of the voters voting at an election held under
70	72		Section 8087.0302 approve the proposition or propositions, the
71	73		board shall declare the results and, by order, shall establish the
72	74		defined area or designated property and describe it by metes and
73	75		bounds or designate the specific property.
74	76		(b) A court may not review the board's order except on the
75	77		ground of fraud, palpable error, or arbitrary and confiscatory
76	78		abuse of discretion.
77	79		Sec. 8087.0304. TAXES FOR SERVICES, IMPROVEMENTS, AND
78	80		FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
79	81		approval and adoption of the order described by Section 8087.0303,
80	82		the district may apply separately, differently, equitably, and
81	83		specifically its taxing power and lien authority to the defined
82	84		area or designated property to provide money to construct,
83	85		administer, maintain, and operate services, improvements, and
84	86		facilities that primarily benefit the defined area or designated
85	87		property.
86	88		Sec. 8087.0305. ISSUANCE OF BONDS FOR DEFINED AREA OR
87	89		DESIGNATED PROPERTY. After an order under Section 8087.0303 is
88	90		adopted, the district may issue bonds to provide for any land,
89	91		improvements, facilities, plants, equipment, and appliances for
90	92		the defined area or designated property.
91	93		SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS
92	94		Sec. 8087.0401. AUTHORITY TO ISSUE BONDS AND OTHER
93	95		OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds
94	96		or other obligations payable wholly or partly from ad valorem
95	97		taxes, impact fees, revenue, contract payments, grants, or other
96	98		district money, or any combination of those sources, to pay for a
97	99		road project authorized by Section 8087.0203.
98	100		(b) The district may not issue bonds payable from ad valorem
99	101		taxes to finance a road project unless the issuance is approved by a
100	102		vote of a two-thirds majority of the district voters voting at an
101	103		election held for that purpose.
102	104		(c) At the time of issuance, the total principal amount of
103	105		bonds or other obligations issued or incurred to finance road
104	106		projects and payable from ad valorem taxes may not exceed
105	107		one-fourth of the assessed value of the real property in the
106	108		district.
107	109		Sec. 8087.0402. TAXES FOR BONDS. At the time the district
108	110		issues bonds payable wholly or partly from ad valorem taxes, the
109	111		district shall provide for the annual imposition of a continuing
110	112		direct ad valorem tax, without limit as to rate or amount, while all
111	113		or part of the bonds are outstanding as required and in the manner
112	114		provided by Sections 54.601 and 54.602, Water Code.
113	115		SECTION 2. The Harris County Municipal Utility District
114	116		No. 248 retains all the rights, powers, privileges, authority,
115	117		duties, and functions that it had before the effective date of this
116	118		Act.
117	119		SECTION 3. (a) The legislature validates and confirms all
118	120		governmental acts and proceedings of the Harris County Municipal
119	121		Utility District No. 248 that were taken before the effective date
120	122		of this Act.
121	123		(b) This section does not apply to any matter that on the
122	124		effective date of this Act:
123	125		(1) is involved in litigation if the litigation
124	126		ultimately results in the matter being held invalid by a final court
125	127		judgment; or
126	128		(2) has been held invalid by a final court judgment.
127	129		SECTION 4. (a) The legal notice of the intention to
128	130		introduce this Act, setting forth the general substance of this
129	131		Act, has been published as provided by law, and the notice and a
130	132		copy of this Act have been furnished to all persons, agencies,
131	133		officials, or entities to which they are required to be furnished
132	134		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
133	135		Government Code.
134	136		(b) The governor, one of the required recipients, has
135	137		submitted the notice and Act to the Texas Commission on
136	138		Environmental Quality.
137	139		(c) The Texas Commission on Environmental Quality has filed
138	140		its recommendations relating to this Act with the governor, the
139	141		lieutenant governor, and the speaker of the house of
140	142		representatives within the required time.
141	143		(d) All requirements of the constitution and laws of this
142	144		state and the rules and procedures of the legislature with respect
143	145		to the notice, introduction, and passage of this Act are fulfilled
144	146		and accomplished.
145	147		SECTION 5. This Act takes effect immediately if it receives
146	148		a vote of two-thirds of all the members elected to each house, as
147	149		provided by Section 39, Article III, Texas Constitution. If this
148	150		Act does not receive the vote necessary for immediate effect, this
149	151		Act takes effect September 1, 2019.
150		-	______________________________ ______________________________
151		-	President of the Senate Speaker of the House
152		-	I hereby certify that S.B. No. 2521 passed the Senate on
153		-	April 26, 2019, by the following vote: Yeas 29, Nays 1.
154		-	______________________________
155		-	Secretary of the Senate
156		-	I hereby certify that S.B. No. 2521 passed the House on
157		-	May 7, 2019, by the following vote: Yeas 130, Nays 16,
158		-	two present not voting.
159		-	______________________________
160		-	Chief Clerk of the House
161		-	Approved:
162		-	______________________________
163		-	Date
164		-	______________________________
165		-	Governor