S.B. No. 2535
AN ACT
relating to the powers and duties of the Lakehaven Municipal
Utility District; providing authority to issue bonds; providing
authority to impose a tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8093 to read as follows:
CHAPTER 8093. LAKEHAVEN MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8093.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "City" means the City of Farmersville, Texas.
(3) "District" means the Lakehaven Municipal Utility
District.
Sec. 8093.0102. NATURE AND PURPOSES OF DISTRICT. (a) The
district is a municipal utility district created under Section 59,
Article XVI, Texas Constitution.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 8093.0201. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8093.0202. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8093.0203. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8093.0204. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards and
regulations of each municipality in whose corporate limits or
extraterritorial jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards and
regulations of each county in which the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
Sec. 8093.0301. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS FOR ROAD PROJECTS. (a) Except as provided by Section
8093.0303, the district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, revenue, contract
payments, grants, or other district money, or any combination of
those sources, to pay for a road project authorized by Section
8093.0203.
(b) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
(c) At the time of issuance, the total principal amount of
bonds or other obligations issued or incurred to finance road
projects and payable from ad valorem taxes may not exceed
one-fourth of the assessed value of the real property in the
district.
Sec. 8093.0302. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding.
Sec. 8093.0303. CONDITION PRECEDENT TO ISSUING BONDS OR
OTHER OBLIGATIONS. (a) The district may not issue bonds or other
obligations under this subchapter unless the district has entered
into a contract with the city, Collin County, or another entity:
(1) for adequate supplemental police, fire, and
emergency services for the district; and
(2) that is approved by the Commissioners Court of
Collin County under Subsection (c).
(b) A contract under Subsection (a) may include a provision
that the contract takes effect only on the approval of the
Commissioners Court of Collin County and the voters in the district
voting in an election held for that purpose.
(c) The Commissioners Court of Collin County shall review a
contract under Subsection (a) and evaluate the supplemental police,
fire, and emergency services provided in the contract. If the
commissioners court determines that the contract provides adequate
services, the commissioners court shall adopt a resolution stating
that the contract has met the requirements of Subsection (a).
SUBCHAPTER D. CITY PERMITTING AUTHORITY IN DISTRICT
Sec. 8093.0401. CITY AUTHORITY. (a) The city has
exclusive authority in the district to issue all building permits,
certificates of occupancy, and any certificate or permit issued by
the city relating to business activities.
(b) A fee for a permit or certificate issued by the city for
use in the district may not exceed the fees charged for the same
permit or certificate issued for use in the corporate limits of the
city.
(c) A permit or certificate issued by the city for use in the
district is subject to the terms of a development agreement made
under Section 212.172, Local Government Code.
SECTION 2. The Lakehaven Municipal Utility District retains
all the rights, powers, privileges, authority, duties, and
functions that it had before the effective date of this Act.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2535 passed the Senate on
May 3, 2019, by the following vote: Yeas 30, Nays 1; and that the
Senate concurred in House amendment on May 23, 2019, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2535 passed the House, with
amendment, on May 17, 2019, by the following vote: Yeas 121,
Nays 26, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor