Texas 2019 - 86th Regular

Texas Senate Bill SB2535 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2535
	1	+	86R31752 AAF-F
	2	+	By: Fallon S.B. No. 2535
	3	+	(Sanford)
	4	+	Substitute the following for S.B. No. 2535: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the powers and duties of the Lakehaven Municipal
6	10		Utility District; providing authority to issue bonds; providing
7	11		authority to impose a tax.
8	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	13		SECTION 1. Subtitle F, Title 6, Special District Local Laws
10	14		Code, is amended by adding Chapter 8093 to read as follows:
11	15		CHAPTER 8093. LAKEHAVEN MUNICIPAL UTILITY DISTRICT
12	16		SUBCHAPTER A. GENERAL PROVISIONS
13	17		Sec. 8093.0101. DEFINITIONS. In this chapter:
14	18		(1) "Board" means the district's board of directors.
15	19		(2) "City" means the City of Farmersville, Texas.
16	20		(3) "District" means the Lakehaven Municipal Utility
17	21		District.
18	22		Sec. 8093.0102. NATURE AND PURPOSES OF DISTRICT. (a) The
19	23		district is a municipal utility district created under Section 59,
20	24		Article XVI, Texas Constitution.
21	25		(b) The district is created to accomplish the purposes of:
22	26		(1) a municipal utility district as provided by
23	27		general law and Section 59, Article XVI, Texas Constitution; and
24	28		(2) Section 52, Article III, Texas Constitution, that
25	29		relate to the construction, acquisition, improvement, operation,
26	30		or maintenance of macadamized, graveled, or paved roads, or
27	31		improvements, including storm drainage, in aid of those roads.
28	32		SUBCHAPTER B. POWERS AND DUTIES
29	33		Sec. 8093.0201. GENERAL POWERS AND DUTIES. The district
30	34		has the powers and duties necessary to accomplish the purposes for
31	35		which the district is created.
32	36		Sec. 8093.0202. MUNICIPAL UTILITY DISTRICT POWERS AND
33	37		DUTIES. The district has the powers and duties provided by the
34	38		general law of this state, including Chapters 49 and 54, Water Code,
35	39		applicable to municipal utility districts created under Section 59,
36	40		Article XVI, Texas Constitution.
37	41		Sec. 8093.0203. AUTHORITY FOR ROAD PROJECTS. Under Section
38	42		52, Article III, Texas Constitution, the district may design,
39	43		acquire, construct, finance, issue bonds for, improve, operate,
40	44		maintain, and convey to this state, a county, or a municipality for
41	45		operation and maintenance macadamized, graveled, or paved roads, or
42	46		improvements, including storm drainage, in aid of those roads.
43	47		Sec. 8093.0204. ROAD STANDARDS AND REQUIREMENTS. (a) A
44	48		road project must meet all applicable construction standards and
45	49		regulations of each municipality in whose corporate limits or
46	50		extraterritorial jurisdiction the road project is located.
47	51		(b) If a road project is not located in the corporate limits
48	52		or extraterritorial jurisdiction of a municipality, the road
49	53		project must meet all applicable construction standards and
50	54		regulations of each county in which the road project is located.
51	55		(c) If the state will maintain and operate the road, the
52	56		Texas Transportation Commission must approve the plans and
53	57		specifications of the road project.
54	58		SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
55	59		Sec. 8093.0301. AUTHORITY TO ISSUE BONDS AND OTHER
56	60		OBLIGATIONS FOR ROAD PROJECTS. (a) Except as provided by Section
57	61		8093.0303, the district may issue bonds or other obligations
58	62		payable wholly or partly from ad valorem taxes, revenue, contract
59	63		payments, grants, or other district money, or any combination of
60	64		those sources, to pay for a road project authorized by Section
61	65		8093.0203.
62	66		(b) The district may not issue bonds payable from ad valorem
63	67		taxes to finance a road project unless the issuance is approved by a
64	68		vote of a two-thirds majority of the district voters voting at an
65	69		election held for that purpose.
66	70		(c) At the time of issuance, the total principal amount of
67	71		bonds or other obligations issued or incurred to finance road
68	72		projects and payable from ad valorem taxes may not exceed
69	73		one-fourth of the assessed value of the real property in the
70	74		district.
71	75		Sec. 8093.0302. TAXES FOR BONDS. At the time the district
72	76		issues bonds payable wholly or partly from ad valorem taxes, the
73	77		board shall provide for the annual imposition of a continuing
74	78		direct ad valorem tax, without limit as to rate or amount, while all
75	79		or part of the bonds are outstanding.
76	80		Sec. 8093.0303. CONDITION PRECEDENT TO ISSUING BONDS OR
77	81		OTHER OBLIGATIONS. (a) The district may not issue bonds or other
78	82		obligations under this subchapter unless the district has entered
79	83		into a contract with the city, Collin County, or another entity:
80	84		(1) for adequate supplemental police, fire, and
81	85		emergency services for the district; and
82	86		(2) that is approved by the Commissioners Court of
83	87		Collin County under Subsection (c).
84	88		(b) A contract under Subsection (a) may include a provision
85	89		that the contract takes effect only on the approval of the
86	90		Commissioners Court of Collin County and the voters in the district
87	91		voting in an election held for that purpose.
88	92		(c) The Commissioners Court of Collin County shall review a
89	93		contract under Subsection (a) and evaluate the supplemental police,
90	94		fire, and emergency services provided in the contract. If the
91	95		commissioners court determines that the contract provides adequate
92	96		services, the commissioners court shall adopt a resolution stating
93	97		that the contract has met the requirements of Subsection (a).
94	98		SUBCHAPTER D. CITY PERMITTING AUTHORITY IN DISTRICT
95		-	Sec. 8093.0401. CITY AUTHORITY. (a) The city has
96		-	~~exclusive~~ authority in the district to issue all building permits,
	99	+	Sec. 8093.0401. CITY AUTHORITY. (a) The city has exclusive
	100	+	authority in the district to issue all building permits,
97	101		certificates of occupancy, and any certificate or permit issued by
98	102		the city relating to business activities.
99	103		(b) A fee for a permit or certificate issued by the city for
100	104		use in the district may not exceed the fees charged for the same
101	105		permit or certificate issued for use in the corporate limits of the
102	106		city.
103	107		(c) A permit or certificate issued by the city for use in the
104	108		district is subject to the terms of a development agreement made
105	109		under Section 212.172, Local Government Code.
106	110		SECTION 2. The Lakehaven Municipal Utility District retains
107	111		all the rights, powers, privileges, authority, duties, and
108	112		functions that it had before the effective date of this Act.
109	113		SECTION 3. (a) The legal notice of the intention to
110	114		introduce this Act, setting forth the general substance of this
111	115		Act, has been published as provided by law, and the notice and a
112	116		copy of this Act have been furnished to all persons, agencies,
113	117		officials, or entities to which they are required to be furnished
114	118		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
115	119		Government Code.
116	120		(b) The governor, one of the required recipients, has
117	121		submitted the notice and Act to the Texas Commission on
118	122		Environmental Quality.
119	123		(c) The Texas Commission on Environmental Quality has filed
120	124		its recommendations relating to this Act with the governor, the
121	125		lieutenant governor, and the speaker of the house of
122	126		representatives within the required time.
123	127		(d) All requirements of the constitution and laws of this
124	128		state and the rules and procedures of the legislature with respect
125	129		to the notice, introduction, and passage of this Act are fulfilled
126	130		and accomplished.
127	131		SECTION 4. This Act takes effect immediately if it receives
128	132		a vote of two-thirds of all the members elected to each house, as
129	133		provided by Section 39, Article III, Texas Constitution. If this
130	134		Act does not receive the vote necessary for immediate effect, this
131	135		Act takes effect September 1, 2019.
132		-	______________________________ ______________________________
133		-	President of the Senate Speaker of the House
134		-	I hereby certify that S.B. No. 2535 passed the Senate on
135		-	May 3, 2019, by the following vote: Yeas 30, Nays 1; and that the
136		-	Senate concurred in House amendment on May 23, 2019, by the
137		-	following vote: Yeas 31, Nays 0.
138		-	______________________________
139		-	Secretary of the Senate
140		-	I hereby certify that S.B. No. 2535 passed the House, with
141		-	amendment, on May 17, 2019, by the following vote: Yeas 121,
142		-	Nays 26, two present not voting.
143		-	______________________________
144		-	Chief Clerk of the House
145		-	Approved:
146		-	______________________________
147		-	Date
148		-	______________________________
149		-	Governor