Texas 2021 - 87th Regular

Texas House Bill HB2835 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2835
	1	+	By: King of Parker (Senate Sponsor - Springer) H.B. No. 2835
	2	+	(In the Senate - Received from the House May 10, 2021;
	3	+	May 10, 2021, read first time and referred to Committee on Local
	4	+	Government; May 20, 2021, reported favorably by the following
	5	+	vote: Yeas 6, Nays 0; May 20, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the powers and duties of the Morningstar Ranch
6	12		Municipal Utility District No. 1; providing authority to impose a
7	13		tax and issue bonds.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Subtitle F, Title 6, Special District Local Laws
10	16		Code, is amended by adding Chapter 8490 to read as follows:
11	17		CHAPTER 8490. MORNINGSTAR RANCH MUNICIPAL UTILITY DISTRICT NO. 1
12	18		SUBCHAPTER A. GENERAL PROVISIONS
13	19		Sec. 8490.0101. DEFINITIONS. In this chapter:
14	20		(1) "Board" means the district's board of directors.
15	21		(2) "District" means the Morningstar Ranch Municipal
16	22		Utility District No. 1.
17	23		Sec. 8490.0102. NATURE AND PURPOSES OF DISTRICT. (a) The
18	24		district is a municipal utility district created under Section 59,
19	25		Article XVI, Texas Constitution.
20	26		(b) The district is created to accomplish the purposes of:
21	27		(1) a municipal utility district as provided by
22	28		general law and Section 59, Article XVI, Texas Constitution; and
23	29		(2) Section 52, Article III, Texas Constitution, that
24	30		relate to the construction, acquisition, improvement, operation,
25	31		or maintenance of macadamized, graveled, or paved roads, or
26	32		improvements, including storm drainage, in aid of those roads.
27	33		SUBCHAPTER B. POWERS AND DUTIES
28	34		Sec. 8490.0201. GENERAL POWERS AND DUTIES. The district
29	35		has the powers and duties necessary to accomplish the purposes for
30	36		which the district is created.
31	37		Sec. 8490.0202. MUNICIPAL UTILITY DISTRICT POWERS AND
32	38		DUTIES. The district has the powers and duties provided by the
33	39		general law of this state, including Chapters 49 and 54, Water Code,
34	40		applicable to municipal utility districts created under Section 59,
35	41		Article XVI, Texas Constitution.
36	42		Sec. 8490.0203. AUTHORITY FOR ROAD PROJECTS. Under Section
37	43		52, Article III, Texas Constitution, the district may design,
38	44		acquire, construct, finance, issue bonds for, improve, operate,
39	45		maintain, and convey to this state, a county, or a municipality for
40	46		operation and maintenance macadamized, graveled, or paved roads, or
41	47		improvements, including storm drainage, in aid of those roads.
42	48		Sec. 8490.0204. ROAD STANDARDS AND REQUIREMENTS. (a) A
43	49		road project must meet all applicable construction standards and
44	50		regulations of each municipality in whose corporate limits or
45	51		extraterritorial jurisdiction the road project is located.
46	52		(b) If a road project is not located in the corporate limits
47	53		or extraterritorial jurisdiction of a municipality, the road
48	54		project must meet all applicable construction standards and
49	55		regulations of each county in which the road project is located.
50	56		(c) If the state will maintain and operate the road, the
51	57		Texas Transportation Commission must approve the plans and
52	58		specifications of the road project.
53	59		Sec. 8490.0205. AUTHORITY TO ESTABLISH DEFINED AREAS OR
54	60		DESIGNATED PROPERTY. Notwithstanding the acreage requirement
55	61		under Section 54.801(a), Water Code, the district may define areas
56	62		or designate certain property of the district as provided by
57	63		Subchapter J, Chapter 54, Water Code, to pay for improvements,
58	64		facilities, or services that primarily benefit that area or
59	65		property and do not generally and directly benefit the district as a
60	66		whole. Notwithstanding any other provision of law, a defined area
61	67		may include a noncontiguous tract.
62	68		SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
63	69		Sec. 8490.0301. AUTHORITY TO ISSUE BONDS AND OTHER
64	70		OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
65	71		other obligations payable wholly or partly from ad valorem taxes,
66	72		revenue, contract payments, grants, or other district money, or any
67	73		combination of those sources, to pay for a road project authorized
68	74		by Section 8490.0203.
69	75		(b) The district may not issue bonds payable from ad valorem
70	76		taxes to finance a road project unless the issuance is approved by a
71	77		vote of a two-thirds majority of the district voters voting at an
72	78		election held for that purpose.
73	79		(c) At the time of issuance, the total principal amount of
74	80		bonds or other obligations issued or incurred to finance road
75	81		projects and payable from ad valorem taxes may not exceed
76	82		one-fourth of the assessed value of the real property in the
77	83		district.
78	84		Sec. 8490.0302. TAXES FOR BONDS. At the time the district
79	85		issues bonds payable wholly or partly from ad valorem taxes, the
80	86		board shall provide for the annual imposition of a continuing
81	87		direct ad valorem tax, without limit as to rate or amount, while all
82	88		or part of the bonds are outstanding as required and in the manner
83	89		provided by Sections 54.601 and 54.602, Water Code.
84	90		SECTION 2. The Morningstar Ranch Municipal Utility District
85	91		No. 1 retains all rights, powers, privileges, authority, duties,
86	92		and functions that it had before the effective date of this Act.
87	93		SECTION 3. (a) The legal notice of the intention to
88	94		introduce this Act, setting forth the general substance of this
89	95		Act, has been published as provided by law, and the notice and a
90	96		copy of this Act have been furnished to all persons, agencies,
91	97		officials, or entities to which they are required to be furnished
92	98		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
93	99		Government Code.
94	100		(b) The governor, one of the required recipients, has
95	101		submitted the notice and Act to the Texas Commission on
96	102		Environmental Quality.
97	103		(c) The Texas Commission on Environmental Quality has filed
98	104		its recommendations relating to this Act with the governor, the
99	105		lieutenant governor, and the speaker of the house of
100	106		representatives within the required time.
101	107		(d) All requirements of the constitution and laws of this
102	108		state and the rules and procedures of the legislature with respect
103	109		to the notice, introduction, and passage of this Act are fulfilled
104	110		and accomplished.
105	111		SECTION 4. This Act takes effect immediately if it receives
106	112		a vote of two-thirds of all the members elected to each house, as
107	113		provided by Section 39, Article III, Texas Constitution. If this
108	114		Act does not receive the vote necessary for immediate effect, this
109	115		Act takes effect September 1, 2021.
110		-	______________________________ ______________________________
111		-	President of the Senate Speaker of the House
112		-	I certify that H.B. No. 2835 was passed by the House on May 8,
113		-	2021, by the following vote: Yeas 102, Nays 37, 2 present, not
114		-	voting.
115		-	______________________________
116		-	Chief Clerk of the House
117		-	I certify that H.B. No. 2835 was passed by the Senate on May
118		-	27, 2021, by the following vote: Yeas 30, Nays 1.
119		-	______________________________
120		-	Secretary of the Senate
121		-	APPROVED: _____________________
122		-	Date
123		-	_____________________
124		-	Governor
	116	+	* * * * *