Texas 2019 - 86th Regular

Texas Senate Bill SB2534 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Bettencourt S.B. No. 2534
2		-	(Oliverson)
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to the powers and duties of the Harris County Municipal
8	7		Utility District No. 441; providing authority to issue bonds;
9	8		providing authority to impose a tax.
10	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	10		SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	11		Code, is amended by adding Chapter 8028 to read as follows:
13	12		CHAPTER 8028. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 441
14	13		SUBCHAPTER A. GENERAL PROVISIONS
15	14		Sec. 8028.0101. DEFINITIONS. In this chapter:
16	15		(1) "Board" means the district's board of directors.
17	16		(2) "District" means the Harris County Municipal
18	17		Utility District No. 441.
19	18		Sec. 8028.0102. NATURE AND PURPOSES OF DISTRICT. (a) The
20	19		district is a municipal utility district created under Section 59,
21	20		Article XVI, Texas Constitution.
22	21		(b) The district is created to accomplish the purposes of:
23	22		(1) a municipal utility district as provided by
24	23		general law and Section 59, Article XVI, Texas Constitution; and
25	24		(2) Section 52, Article III, Texas Constitution, that
26	25		relate to the construction, acquisition, improvement, operation,
27	26		or maintenance of macadamized, graveled, or paved roads, or
28	27		improvements, including storm drainage, in aid of those roads.
29	28		SUBCHAPTER B. POWERS AND DUTIES
30	29		Sec. 8028.0201. GENERAL POWERS AND DUTIES. The district
31	30		has the powers and duties necessary to accomplish the purposes for
32	31		which the district is created.
33	32		Sec. 8028.0202. MUNICIPAL UTILITY DISTRICT POWERS AND
34	33		DUTIES. The district has the powers and duties provided by the
35	34		general law of this state, including Chapters 49 and 54, Water Code,
36	35		applicable to municipal utility districts created under Section 59,
37	36		Article XVI, Texas Constitution.
38	37		Sec. 8028.0203. AUTHORITY FOR ROAD PROJECTS. Under Section
39	38		52, Article III, Texas Constitution, the district may design,
40	39		acquire, construct, finance, issue bonds for, improve, operate,
41	40		maintain, and convey to this state, a county, or a municipality for
42	41		operation and maintenance macadamized, graveled, or paved roads, or
43	42		improvements, including storm drainage, in aid of those roads.
44	43		Sec. 8028.0204. ROAD STANDARDS AND REQUIREMENTS. (a) A
45	44		road project must meet all applicable construction standards,
46	45		zoning and subdivision requirements, and regulations of each
47	46		municipality in whose corporate limits or extraterritorial
48	47		jurisdiction the road project is located.
49	48		(b) If a road project is not located in the corporate limits
50	49		or extraterritorial jurisdiction of a municipality, the road
51	50		project must meet all applicable construction standards,
52	51		subdivision requirements, and regulations of each county in which
53	52		the road project is located.
54	53		(c) If the state will maintain and operate the road, the
55	54		Texas Transportation Commission must approve the plans and
56	55		specifications of the road project.
57	56		SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
58	57		Sec. 8028.0301. AUTHORITY TO ISSUE BONDS AND OTHER
59	58		OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds
60	59		or other obligations payable wholly or partly from ad valorem
61	60		taxes, impact fees, revenue, contract payments, grants, or other
62	61		district money, or any combination of those sources, to pay for a
63	62		road project authorized by Section 8028.0203.
64	63		(b) The district may not issue bonds payable from ad valorem
65	64		taxes to finance a road project unless the issuance is approved by a
66	65		vote of a two-thirds majority of the district voters voting at an
67	66		election held for that purpose.
68	67		(c) At the time of issuance, the total principal amount of
69	68		bonds or other obligations issued or incurred to finance road
70	69		projects and payable from ad valorem taxes may not exceed
71	70		one-fourth of the assessed value of the real property in the
72	71		district.
73	72		Sec. 8028.0302. TAXES FOR BONDS. At the time the district
74	73		issues bonds payable wholly or partly from ad valorem taxes, the
75	74		board shall provide for the annual imposition of a continuing
76	75		direct ad valorem tax, without limit as to rate or amount, while all
77	76		or part of the bonds are outstanding as required and in the manner
78	77		provided by Sections 54.601 and 54.602, Water Code.
79	78		SECTION 2. The Harris County Municipal Utility District
80	79		No. 441 retains all the rights, powers, privileges, authority,
81	80		duties, and functions that it had before the effective date of this
82	81		Act.
83	82		SECTION 3. (a) The legislature validates and confirms all
84	83		governmental acts and proceedings of the Harris County Municipal
85	84		Utility District No. 441 that were taken before the effective date
86	85		of this Act.
87	86		(b) This section does not apply to any matter that on the
88	87		effective date of this Act:
89	88		(1) is involved in litigation if the litigation
90	89		ultimately results in the matter being held invalid by a final court
91	90		judgment; or
92	91		(2) has been held invalid by a final court judgment.
93	92		SECTION 4. (a) The legal notice of the intention to
94	93		introduce this Act, setting forth the general substance of this
95	94		Act, has been published as provided by law, and the notice and a
96	95		copy of this Act have been furnished to all persons, agencies,
97	96		officials, or entities to which they are required to be furnished
98	97		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
99	98		Government Code.
100	99		(b) The governor, one of the required recipients, has
101	100		submitted the notice and Act to the Texas Commission on
102	101		Environmental Quality.
103	102		(c) The Texas Commission on Environmental Quality has filed
104	103		its recommendations relating to this Act with the governor, the
105	104		lieutenant governor, and the speaker of the house of
106	105		representatives within the required time.
107	106		(d) All requirements of the constitution and laws of this
108	107		state and the rules and procedures of the legislature with respect
109	108		to the notice, introduction, and passage of this Act are fulfilled
110	109		and accomplished.
111	110		SECTION 5. This Act takes effect immediately if it receives
112	111		a vote of two-thirds of all the members elected to each house, as
113	112		provided by Section 39, Article III, Texas Constitution. If this
114	113		Act does not receive the vote necessary for immediate effect, this
115	114		Act takes effect September 1, 2019.