Texas 2021 - 87th Regular

Texas House Bill HB4659 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4659
	1	+	By: Bonnen (Senate Sponsor - Taylor) H.B. No. 4659
	2	+	(In the Senate - Received from the House May 17, 2021;
	3	+	May 17, 2021, read first time and referred to Committee on Local
	4	+	Government; May 21, 2021, reported favorably by the following
	5	+	vote: Yeas 6, Nays 0; May 21, 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 authority of the City of Kemah Municipal Management
6	12		District No. 1 to provide water and sewer service, exercise certain
7	13		powers, issue bonds, and impose fees, taxes, and assessments and to
8	14		the validation of certain acts and proceedings of the district.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Section 3976.0105(b), Special District Local
11	17		Laws Code, is amended to read as follows:
12	18		(b) The boundaries and field notes contained in Section 2 of
13	19		the Act enacting this chapter form a closure. A mistake in the
14	20		field notes or in copying the field notes in the legislative process
15	21		does not affect the district's:
16	22		(1) organization, existence, or validity;
17	23		(2) right to contract;
18	24		(3) authority to borrow money or issue bonds or other
19	25		obligations [described by Section 3976.0501] or to pay the
20	26		principal and interest of the bonds or other obligations;
21	27		(4) right to impose or collect an assessment, or
22	28		collect other revenue; or
23	29		(5) legality or operation.
24	30		SECTION 2. Subchapter E, Chapter 3976, Special District
25	31		Local Laws Code, is amended by adding Sections 3976.0503,
26	32		3976.0504, 3976.0505, 3976.0506, and 3976.0507 to read as follows:
27	33		Sec. 3976.0503. TAX ELECTION REQUIRED. The district must
28	34		hold an election in the manner provided by Chapter 49, Water Code,
29	35		or, if applicable, Chapter 375, Local Government Code, to obtain
30	36		voter approval before the district may impose an ad valorem tax.
31	37		Sec. 3976.0504. OPERATION AND MAINTENANCE TAX. (a) If
32	38		authorized by a majority of the district voters voting at an
33	39		election under Section 3976.0503, the district may impose an
34	40		operation and maintenance tax on taxable property in the district
35	41		in the manner provided by Section 49.107, Water Code, for any
36	42		district purpose, including to:
37	43		(1) maintain and operate the district;
38	44		(2) construct or acquire improvements; or
39	45		(3) provide a service.
40	46		(b) The board shall determine the operation and maintenance
41	47		tax rate. The rate may not exceed the rate approved at the
42	48		election.
43	49		Sec. 3976.0505. AUTHORITY TO BORROW MONEY AND TO ISSUE
44	50		BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
45	51		terms determined by the board.
46	52		(b) The district may issue bonds, notes, or other
47	53		obligations payable wholly or partly from ad valorem taxes,
48	54		assessments, impact fees, revenue, contract payments, grants, or
49	55		other district money, or any combination of those sources of money,
50	56		to pay for any authorized district purpose.
51	57		Sec. 3976.0506. BONDS SECURED BY REVENUE OR CONTRACT
52	58		PAYMENTS. The district may issue, without an election, bonds
53	59		secured by:
54	60		(1) revenue other than ad valorem taxes, including
55	61		contract revenues; or
56	62		(2) contract payments, provided that the requirements
57	63		of Section 49.108, Water Code, have been met.
58	64		Sec. 3976.0507. BONDS SECURED BY AD VALOREM TAXES;
59	65		ELECTIONS. (a) If authorized at an election under Section
60	66		3976.0503, the district may issue bonds payable from ad valorem
61	67		taxes.
62	68		(b) Section 375.243, Local Government Code, does not apply
63	69		to the district.
64	70		(c) At the time the district issues bonds payable wholly or
65	71		partly from ad valorem taxes, the board shall provide for the annual
66	72		imposition of a continuing direct annual ad valorem tax, without
67	73		limit as to rate or amount, for each year that all or part of the
68	74		bonds are outstanding as required and in the manner provided by
69	75		Sections 54.601 and 54.602, Water Code.
70	76		(d) All or any part of any facilities or improvements that
71	77		may be acquired by a district by the issuance of its bonds may be
72	78		submitted as a single proposition or as several propositions to be
73	79		voted on at the election.
74	80		SECTION 3. The following provisions of the Special District
75	81		Local Laws Code are repealed:
76	82		(1) Sections 3976.0205, 3976.0206, 3976.0304,
77	83		3976.0305, 3976.0501, and 3976.0502; and
78	84		(2) Sections 3976.0208(c) and (d).
79	85		SECTION 4. (a) The legislature validates and confirms all
80	86		governmental acts and proceedings of the City of Kemah Municipal
81	87		Management District No. 1 that were taken before the effective date
82	88		of this Act.
83	89		(b) This section does not apply to any matter that on the
84	90		effective date of this Act:
85	91		(1) is involved in litigation if the litigation
86	92		ultimately results in the matter being held invalid by a final court
87	93		judgment; or
88	94		(2) has been held invalid by a final court judgment.
89	95		SECTION 5. (a) The legal notice of the intention to
90	96		introduce this Act, setting forth the general substance of this
91	97		Act, has been published as provided by law, and the notice and a
92	98		copy of this Act have been furnished to all persons, agencies,
93	99		officials, or entities to which they are required to be furnished
94	100		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
95	101		Government Code.
96	102		(b) The governor, one of the required recipients, has
97	103		submitted the notice and Act to the Texas Commission on
98	104		Environmental Quality.
99	105		(c) The Texas Commission on Environmental Quality has filed
100	106		its recommendations relating to this Act with the governor, the
101	107		lieutenant governor, and the speaker of the house of
102	108		representatives within the required time.
103	109		(d) All requirements of the constitution and laws of this
104	110		state and the rules and procedures of the legislature with respect
105	111		to the notice, introduction, and passage of this Act are fulfilled
106	112		and accomplished.
107	113		SECTION 6. This Act takes effect immediately if it receives
108	114		a vote of two-thirds of all the members elected to each house, as
109	115		provided by Section 39, Article III, Texas Constitution. If this
110	116		Act does not receive the vote necessary for immediate effect, this
111	117		Act takes effect September 1, 2021.
112		-	______________________________ ______________________________
113		-	President of the Senate Speaker of the House
114		-	I certify that H.B. No. 4659 was passed by the House on May
115		-	14, 2021, by the following vote: Yeas 109, Nays 36, 2 present, not
116		-	voting.
117		-	______________________________
118		-	Chief Clerk of the House
119		-	I certify that H.B. No. 4659 was passed by the Senate on May
120		-	27, 2021, by the following vote: Yeas 30, Nays 1.
121		-	______________________________
122		-	Secretary of the Senate
123		-	APPROVED: _____________________
124		-	Date
125		-	_____________________
126		-	Governor
	118	+	* * * * *