Texas 2021 - 87th Regular

Texas House Bill HB4622 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R12893 MP-F
2	2	By: Metcalf H.B. No. 4622
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers and duties of the East Montgomery County
8	8	Municipal Utility District No. 13; providing authority to issue
9	9	bonds; providing authority to impose assessments, fees, and taxes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 8117.002, Special District Local Laws
12	12	Code, is amended to read as follows:
13	13	Sec. 8117.002. NATURE AND PURPOSES OF DISTRICT. (a) The
14	14	district is [a municipal utility district in Montgomery County]
15	15	created to serve a public purpose and benefit [under and essential
16	16	to accomplish the purposes of Section 59, Article XVI, Texas
17	17	Constitution].
18	18	(b) The district is created to accomplish the purposes of:
19	19	(1) a municipal utility district as provided by
20	20	general law and Section 59, Article XVI, Texas Constitution; and
21	21	(2) Section 52, Article III, Texas Constitution, that
22	22	relate to the construction, acquisition, improvement, operation,
23	23	or maintenance of macadamized, graveled, or paved roads, or
24	24	improvements, including storm drainage, in aid of those roads.
25	25	SECTION 2. Subchapter C, Chapter 8117, Special District
26	26	Local Laws Code, is amended by adding Sections 8117.104, 8117.105,
27	27	8117.106, 8117.107, and 8117.108 to read as follows:
28	28	Sec. 8117.104. GENERAL POWERS AND DUTIES. The district has
29	29	the powers and duties necessary to accomplish the purposes for
30	30	which the district is created.
31	31	Sec. 8117.105. MUNICIPAL UTILITY DISTRICT POWERS AND
32	32	DUTIES. The district has the powers and duties provided by the
33	33	general law of this state, including Chapters 49 and 54, Water Code,
34	34	applicable to municipal utility districts created under Section 59,
35	35	Article XVI, Texas Constitution.
36	36	Sec. 8117.106. AUTHORITY FOR ROAD PROJECTS. Under Section
37	37	52, Article III, Texas Constitution, the district may design,
38	38	acquire, construct, finance, issue bonds for, improve, operate,
39	39	maintain, and convey to this state, a county, or a municipality for
40	40	operation and maintenance macadamized, graveled, or paved roads, or
41	41	improvements, including storm drainage, in aid of those roads.
42	42	Sec. 8117.107. ROAD STANDARDS AND REQUIREMENTS. (a) A road
43	43	project must meet all applicable construction standards, zoning and
44	44	subdivision requirements, and regulations of each municipality in
45	45	whose corporate limits or extraterritorial jurisdiction the road
46	46	project is located.
47	47	(b) If a road project is not located in the corporate limits
48	48	or extraterritorial jurisdiction of a municipality, the road
49	49	project must meet all applicable construction standards,
50	50	subdivision requirements, and regulations of each county in which
51	51	the road project is located.
52	52	(c) If the state will maintain and operate the road, the
53	53	Texas Transportation Commission must approve the plans and
54	54	specifications of the road project.
55	55	Sec. 8117.108. DIVISION OF DISTRICT. (a) The district may
56	56	be divided into two or more new districts only if the district:
57	57	(1) has never issued any bonds; and
58	58	(2) is not imposing ad valorem taxes.
59	59	(b) This chapter applies to any new district created by the
60	60	division of the district, and a new district has all the powers and
61	61	duties of the district.
62	62	(c) Any new district created by the division of the district
63	63	may not, at the time the new district is created, contain any land
64	64	outside the area of the district as it existed on January 1, 2021.
65	65	(d) The board, on its own motion or on receipt of a petition
66	66	signed by the owner or owners of a majority of the assessed value of
67	67	the real property in the district, may adopt an order dividing the
68	68	district.
69	69	(e) The board may adopt an order dividing the district
70	70	before or after the date the board holds an election under Section
71	71	49.102, Water Code, to confirm the creation of the district.
72	72	(f) An order dividing the district shall:
73	73	(1) name each new district;
74	74	(2) include the metes and bounds description of the
75	75	territory of each new district;
76	76	(3) appoint temporary directors for each new district;
77	77	and
78	78	(4) provide for the division of assets and liabilities
79	79	between or among the new districts.
80	80	(g) On or before the 30th day after the date of adoption of
81	81	an order dividing the district, the district shall file the order
82	82	with the commission and record the order in the real property
83	83	records of each county in which the district is located.
84	84	(h) Any new district created by the division of the district
85	85	shall hold a confirmation and directors' election as required by
86	86	Section 49.102, Water Code.
87	87	(i) If the creation of the new district is confirmed, the
88	88	new district shall provide the election date and results to the
89	89	Texas Commission on Environmental Quality.
90	90	(j) Any new district created by the division of the district
91	91	must hold an election as required by Section 49.107, Water Code, and
92	92	this chapter to obtain voter approval before the district may
93	93	impose a maintenance tax or issue bonds payable wholly or partly
94	94	from ad valorem taxes.
95	95	(k) Municipal consent to the creation of the district and to
96	96	the inclusion of land in the district acts as municipal consent to
97	97	the creation of any new district created by the division of the
98	98	district and to the inclusion of land in the new district.
99	99	SECTION 3. Chapter 8117, Special District Local Laws Code,
100	100	is amended by adding Subchapters D and E to read as follows:
101	101	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
102	102	Sec. 8117.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
103	103	district may issue, without an election, bonds and other
104	104	obligations secured by:
105	105	(1) revenue other than ad valorem taxes; or
106	106	(2) contract payments described by Section 8117.153.
107	107	(b) The district must hold an election in the manner
108	108	provided by Chapters 49 and 54, Water Code, to obtain voter approval
109	109	before the district may impose an ad valorem tax or issue bonds
110	110	payable from ad valorem taxes.
111	111	(c) The district may not issue bonds payable from ad valorem
112	112	taxes to finance a road project unless the issuance is approved by a
113	113	vote of a two-thirds majority of the district voters voting at an
114	114	election held for that purpose.
115	115	Sec. 8117.152. OPERATION AND MAINTENANCE TAX. (a) If
116	116	authorized at an election held under Section 8117.151, the district
117	117	may impose an operation and maintenance tax on taxable property in
118	118	the district in accordance with Section 49.107, Water Code.
119	119	(b) The board shall determine the tax rate. The rate may not
120	120	exceed the rate approved at the election.
121	121	Sec. 8117.153. CONTRACT TAXES. (a) In accordance with
122	122	Section 49.108, Water Code, the district may impose a tax other than
123	123	an operation and maintenance tax and use the revenue derived from
124	124	the tax to make payments under a contract after the provisions of
125	125	the contract have been approved by a majority of the district voters
126	126	voting at an election held for that purpose.
127	127	(b) A contract approved by the district voters may contain a
128	128	provision stating that the contract may be modified or amended by
129	129	the board without further voter approval.
130	130	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
131	131	Sec. 8117.201. AUTHORITY TO ISSUE BONDS AND OTHER
132	132	OBLIGATIONS. The district may issue bonds or other obligations
133	133	payable wholly or partly from ad valorem taxes, impact fees,
134	134	revenue, contract payments, grants, or other district money, or any
135	135	combination of those sources, to pay for any authorized district
136	136	purpose.
137	137	Sec. 8117.202. TAXES FOR BONDS. At the time the district
138	138	issues bonds payable wholly or partly from ad valorem taxes, the
139	139	board shall provide for the annual imposition of a continuing
140	140	direct ad valorem tax, without limit as to rate or amount, while all
141	141	or part of the bonds are outstanding as required and in the manner
142	142	provided by Sections 54.601 and 54.602, Water Code.
143	143	Sec. 8117.203. BONDS FOR ROAD PROJECTS. At the time of
144	144	issuance, the total principal amount of bonds or other obligations
145	145	issued or incurred to finance road projects and payable from ad
146	146	valorem taxes may not exceed one-fourth of the assessed value of the
147	147	real property in the district.
148	148	SECTION 4. Sections 8117.022, 8117.023, 8117.024,
149	149	8117.025, and 8117.052, Special District Local Laws Code, are
150	150	repealed.
151	151	SECTION 5. The East Montgomery County Municipal Utility
152	152	District No. 13 retains all the rights, powers, privileges,
153	153	authority, duties, and functions that it had before the effective
154	154	date of this Act.
155	155	SECTION 6. (a) The legislature validates and confirms all
156	156	governmental acts and proceedings of the East Montgomery County
157	157	Municipal Utility District No. 13 that were taken before the
158	158	effective date of this Act.
159	159	(b) This section does not apply to any matter that on the
160	160	effective date of this Act:
161	161	(1) is involved in litigation if the litigation
162	162	ultimately results in the matter being held invalid by a final court
163	163	judgment; or
164	164	(2) has been held invalid by a final court judgment.
165	165	SECTION 7. (a) The legal notice of the intention to
166	166	introduce this Act, setting forth the general substance of this
167	167	Act, has been published as provided by law, and the notice and a
168	168	copy of this Act have been furnished to all persons, agencies,
169	169	officials, or entities to which they are required to be furnished
170	170	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
171	171	Government Code.
172	172	(b) The governor, one of the required recipients, has
173	173	submitted the notice and Act to the Texas Commission on
174	174	Environmental Quality.
175	175	(c) The Texas Commission on Environmental Quality has filed
176	176	its recommendations relating to this Act with the governor, the
177	177	lieutenant governor, and the speaker of the house of
178	178	representatives within the required time.
179	179	(d) All requirements of the constitution and laws of this
180	180	state and the rules and procedures of the legislature with respect
181	181	to the notice, introduction, and passage of this Act are fulfilled
182	182	and accomplished.
183	183	SECTION 8. This Act takes effect immediately if it receives
184	184	a vote of two-thirds of all the members elected to each house, as
185	185	provided by Section 39, Article III, Texas Constitution. If this
186	186	Act does not receive the vote necessary for immediate effect, this
187	187	Act takes effect September 1, 2021.