Texas 2021 - 87th Regular

Texas Senate Bill SB2228 Compare Versions

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

Old	New	Differences
1	1	87R20859 SMT-F
2	2	By: Taylor S.B. No. 2228
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of the City of Kemah Municipal Management
8	8	District No. 1 to provide water and sewer service, exercise certain
9	9	powers, issue bonds, and impose fees, taxes, and assessments and to
10	10	the validation of certain acts and proceedings of the district.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 3976.0105(b), Special District Local
13	13	Laws Code, is amended to read as follows:
14	14	(b) The boundaries and field notes contained in Section 2 of
15	15	the Act enacting this chapter form a closure. A mistake in the
16	16	field notes or in copying the field notes in the legislative process
17	17	does not affect the district's:
18	18	(1) organization, existence, or validity;
19	19	(2) right to contract;
20	20	(3) authority to borrow money or issue bonds or other
21	21	obligations [described by Section 3976.0501] or to pay the
22	22	principal and interest of the bonds or other obligations;
23	23	(4) right to impose or collect an assessment, or
24	24	collect other revenue; or
25	25	(5) legality or operation.
26	26	SECTION 2. Subchapter E, Chapter 3976, Special District
27	27	Local Laws Code, is amended by adding Sections 3976.0503,
28	28	3976.0504, 3976.0505, 3976.0506, and 3976.0507 to read as follows:
29	29	Sec. 3976.0503. TAX ELECTION REQUIRED. The district must
30	30	hold an election in the manner provided by Chapter 49, Water Code,
31	31	or, if applicable, Chapter 375, Local Government Code, to obtain
32	32	voter approval before the district may impose an ad valorem tax.
33	33	Sec. 3976.0504. OPERATION AND MAINTENANCE TAX. (a) If
34	34	authorized by a majority of the district voters voting at an
35	35	election under Section 3976.0503, the district may impose an
36	36	operation and maintenance tax on taxable property in the district
37	37	in the manner provided by Section 49.107, Water Code, for any
38	38	district purpose, including to:
39	39	(1) maintain and operate the district;
40	40	(2) construct or acquire improvements; or
41	41	(3) provide a service.
42	42	(b) The board shall determine the operation and maintenance
43	43	tax rate. The rate may not exceed the rate approved at the
44	44	election.
45	45	Sec. 3976.0505. AUTHORITY TO BORROW MONEY AND TO ISSUE
46	46	BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
47	47	terms determined by the board.
48	48	(b) The district may issue bonds, notes, or other
49	49	obligations payable wholly or partly from ad valorem taxes,
50	50	assessments, impact fees, revenue, contract payments, grants, or
51	51	other district money, or any combination of those sources of money,
52	52	to pay for any authorized district purpose.
53	53	Sec. 3976.0506. BONDS SECURED BY REVENUE OR CONTRACT
54	54	PAYMENTS. The district may issue, without an election, bonds
55	55	secured by:
56	56	(1) revenue other than ad valorem taxes, including
57	57	contract revenues; or
58	58	(2) contract payments, provided that the requirements
59	59	of Section 49.108, Water Code, have been met.
60	60	Sec. 3976.0507. BONDS SECURED BY AD VALOREM TAXES;
61	61	ELECTIONS. (a) If authorized at an election under Section
62	62	3976.0503, the district may issue bonds payable from ad valorem
63	63	taxes.
64	64	(b) Section 375.243, Local Government Code, does not apply
65	65	to the district.
66	66	(c) At the time the district issues bonds payable wholly or
67	67	partly from ad valorem taxes, the board shall provide for the annual
68	68	imposition of a continuing direct annual ad valorem tax, without
69	69	limit as to rate or amount, for each year that all or part of the
70	70	bonds are outstanding as required and in the manner provided by
71	71	Sections 54.601 and 54.602, Water Code.
72	72	(d) All or any part of any facilities or improvements that
73	73	may be acquired by a district by the issuance of its bonds may be
74	74	submitted as a single proposition or as several propositions to be
75	75	voted on at the election.
76	76	SECTION 3. The following provisions of the Special District
77	77	Local Laws Code are repealed:
78	78	(1) Sections 3976.0205, 3976.0206, 3976.0304,
79	79	3976.0305, 3976.0501, and 3976.0502; and
80	80	(2) Sections 3976.0208(c) and (d).
81	81	SECTION 4. (a) The legislature validates and confirms all
82	82	governmental acts and proceedings of the City of Kemah Municipal
83	83	Management District No. 1 that were taken before the effective date
84	84	of this Act.
85	85	(b) This section does not apply to any matter that on the
86	86	effective date of this Act:
87	87	(1) is involved in litigation if the litigation
88	88	ultimately results in the matter being held invalid by a final court
89	89	judgment; or
90	90	(2) has been held invalid by a final court judgment.
91	91	SECTION 5. (a) The legal notice of the intention to
92	92	introduce this Act, setting forth the general substance of this
93	93	Act, has been published as provided by law, and the notice and a
94	94	copy of this Act have been furnished to all persons, agencies,
95	95	officials, or entities to which they are required to be furnished
96	96	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
97	97	Government Code.
98	98	(b) The governor, one of the required recipients, has
99	99	submitted the notice and Act to the Texas Commission on
100	100	Environmental Quality.
101	101	(c) The Texas Commission on Environmental Quality has filed
102	102	its recommendations relating to this Act with the governor, the
103	103	lieutenant governor, and the speaker of the house of
104	104	representatives within the required time.
105	105	(d) All requirements of the constitution and laws of this
106	106	state and the rules and procedures of the legislature with respect
107	107	to the notice, introduction, and passage of this Act are fulfilled
108	108	and accomplished.
109	109	SECTION 6. This Act takes effect immediately if it receives
110	110	a vote of two-thirds of all the members elected to each house, as
111	111	provided by Section 39, Article III, Texas Constitution. If this
112	112	Act does not receive the vote necessary for immediate effect, this
113	113	Act takes effect September 1, 2021.