Texas 2021 - 87th Regular

Texas House Bill HB1410 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1410
	1	+	By: Murphy, Israel (Senate Sponsor - Creighton) H.B. No. 1410
	2	+	(In the Senate - Received from the House April 14, 2021;
	3	+	April 19, 2021, read first time and referred to Committee on Local
	4	+	Government; May 21, 2021, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 6, Nays 0;
	6	+	May 21, 2021, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 1410 By: Springer
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the issuance of bonds by certain conservation and
6	14		reclamation districts.
7	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	16		SECTION 1. Section 49.4645, Water Code, is amended by
9	17		amending Subsection (a) and adding Subsection (a-1) to read as
10	18		follows:
11	19		(a) A district all or part of which is located in Bastrop
12	20		County, Bexar County, Waller County, Travis County, Williamson
13	21		County, Harris County, Galveston County, Brazoria County,
14	22		Montgomery County, or Fort Bend County may issue bonds supported by
15	23		ad valorem taxes to pay for the development and maintenance of
16	24		recreational facilities only if the bonds are authorized by a
17	25		majority vote of the voters of the district voting in an election
18	26		held for that purpose. Except as provided by Subsection (a-1), the
19	27		[The] outstanding principal amount of bonds, notes, and other
20	28		obligations issued to finance parks and recreational facilities
21	29		supported by ad valorem taxes may not exceed an amount equal to one
22	30		percent of the value of the taxable property in the district [or, if
23	31		supported by contract taxes under Section 49.108, may not exceed an
24	32		amount equal to one percent of the value of the taxable property in
25	33		the districts making payments under the contract] as shown by the
26	34		tax rolls of the central appraisal district at the time of the
27	35		issuance of the bonds, notes, and other obligations [or an amount
28	36		greater than the estimated cost provided in the park plan under
29	37		Subsection (b), whichever is smaller]. To establish the value of
30	38		the taxable property in a district under this section, the district
31	39		may use an estimate of the value provided by the central appraisal
32	40		district. The district may not issue bonds supported by ad valorem
33	41		taxes to pay for the development and maintenance of:
34	42		(1) indoor or outdoor swimming pools; or
35	43		(2) golf courses.
36	44		(a-1) The outstanding principal amount of bonds, notes, and
37	45		other obligations issued to finance a recreational facility under
38	46		Subsection (a) may exceed an amount equal to one percent but not
39	47		three percent of the value of the taxable property in the district
40	48		or, if supported by contract taxes under Section 49.108, the value
41	49		of the taxable property in the districts making payments under the
42	50		contract, if the district has:
43	51		(1) a ratio of debt to certified assessed valuation of
44	52		10 percent or less;
45	53		(2) a credit rating that conforms to commission rules;
46	54		(3) a credit enhanced rating on the district's
47	55		proposed bond issue that conforms to commission rules; or
48	56		(4) a contract with a political subdivision or an
49	57		entity acting on behalf of a political subdivision under which the
50	58		political subdivision or the entity agrees to provide to the
51	59		district taxes or other revenues, as consideration for the
52	60		district's development or acquisition of the facility, including a
53	61		contract under Section 49.108.
54	62		SECTION 2. Section 54.016(e), Water Code, is amended to
55	63		read as follows:
56	64		(e) A city may provide in its written consent to the
57	65		inclusion of land in a district, that the district construct all
58	66		facilities to serve the land in accordance with plans and
59	67		specifications which have been approved by the city. The city may
60	68		also provide in its written consent that the city shall have the
61	69		right to inspect all facilities being constructed by a district.
62	70		The city's consent to the inclusion of land in the district may also
63	71		contain restrictions on the terms and provisions of the district's
64	72		bonds and notes issued to provide service to the land and conditions
65	73		on the sale of the district's bonds and notes if the restrictions
66	74		and conditions do not generally render the bonds and notes of
67	75		districts in the city's extraterritorial jurisdiction
68	76		unmarketable. The city's consent to the inclusion of land in a
69	77		district may restrict the purposes for which a district may issue
70	78		bonds to [the] purposes authorized by law for the district [of the
71	79		purchase, construction, acquisition, repair, extension and
72	80		improvement of land, easements, works, improvements, facilities,
73	81		plants, equipment and appliances necessary to:
74	82		[(1) provide a water supply for municipal uses,
75	83		domestic uses and commercial purposes;
76	84		[(2) collect, transport, process, dispose of and
77	85		control all domestic, industrial or communal wastes whether in
78	86		fluid, solid or composite state; and
79	87		[(3) gather, conduct, divert and control local storm
80	88		water or other local harmful excesses of water in the district and
81	89		the payment of organization expenses, operation expenses during
82	90		construction and interest during construction].
83	91		SECTION 3. The change in law made by this Act to Section
84	92		54.016(e), Water Code, does not affect the terms of a city's
85	93		resolution or ordinance adopted before the effective date of this
86	94		Act that constitutes a valid, written consent under Section 54.016
87	95		of that code for land that was included in a district prior to the
88	96		effective date of this Act.
89	97		SECTION 4. This Act takes effect immediately if it receives
90	98		a vote of two-thirds of all the members elected to each house, as
91	99		provided by Section 39, Article III, Texas Constitution. If this
92	100		Act does not receive the vote necessary for immediate effect, this
93	101		Act takes effect September 1, 2021.
94		-	______________________________ ______________________________
95		-	President of the Senate Speaker of the House
96		-	I certify that H.B. No. 1410 was passed by the House on April
97		-	14, 2021, by the following vote: Yeas 131, Nays 14, 1 present, not
98		-	voting; and that the House concurred in Senate amendments to H.B.
99		-	No. 1410 on May 28, 2021, by the following vote: Yeas 126, Nays 17,
100		-	1 present, not voting.
101		-	______________________________
102		-	Chief Clerk of the House
103		-	I certify that H.B. No. 1410 was passed by the Senate, with
104		-	amendments, on May 27, 2021, by the following vote: Yeas 29, Nays
105		-	2.
106		-	______________________________
107		-	Secretary of the Senate
108		-	APPROVED: __________________
109		-	Date
110		-	__________________
111		-	Governor
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