By: Gates (Senate Sponsor - Kolkhorst) H.B. No. 5312
(In the Senate - Received from the House May 15, 2023;
May 15, 2023, read first time and referred to Committee on Local
Government; May 19, 2023, reported favorably by the following
vote: Yeas 9, Nays 0; May 19, 2023, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the Fort Bend County Municipal
Utility District No. 147; providing authority to issue bonds and
impose fees and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7967A to read as follows:
CHAPTER 7967A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 147
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7967A.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "District" means the Fort Bend County Municipal
Utility District No. 147.
Sec. 7967A.0102. NATURE AND PURPOSES OF DISTRICT. The
district is a municipal utility district in Fort Bend County
created under and essential to accomplish the purposes of Section
52, Article III, and Section 59, Article XVI, Texas Constitution.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 7967A.0201. DEFINED AREAS. (a) Notwithstanding the
limitation on authorization based on acreage under Section
54.801(a), Water Code, the district may establish and administer
defined areas as provided by Subchapter J, Chapter 54, Water Code.
(b) Under Section 52, Article III, Texas Constitution, the
district may construct, acquire, improve, maintain, or operate in a
defined area established under this section:
(1) macadamized, graveled, or paved roads; or
(2) improvements, including storm drainage, in aid of
those roads.
(c) The district may issue bonds or other obligations as
provided by Chapters 49 and 54, Water Code, to finance the
construction, acquisition, improvement, maintenance, or operation
of projects under Subsection (b).
(d) The district may impose an ad valorem tax on real
property in a defined area to pay the principal of or interest on
bonds issued under Subsection (c) to finance projects benefiting
the defined area.
(e) The district may not issue bonds or other obligations
secured wholly or partly by ad valorem taxes to finance a project
authorized by Subsection (b) unless the issuance is approved by a
vote of a two-thirds majority of the voters of the defined area to
be benefited by the project as provided by Subchapter J, Chapter 54,
Water Code, voting at an election called for that purpose.
(f) At the time of issuance, the total principal amount of
bonds or other obligations issued or incurred to finance projects
authorized by Subsection (b) benefiting a defined area may not
exceed one-fourth of the assessed value of the real property in the
defined area.
Sec. 7967A.0202. AUTHORITY FOR ROAD PROJECTS. (a) Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve, and
convey to this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads described by
Section 54.234, Water Code, or improvements, including storm
drainage, in aid of those roads.
(b) The district may exercise the powers provided by this
section without submitting a petition to or obtaining approval from
the commission as required by Section 54.234, Water Code.
Sec. 7967A.0203. APPROVAL OF ROAD PROJECT. (a) The
district may not undertake a road project authorized by Section
7967A.0202 unless:
(1) each municipality or county that will operate and
maintain the road has approved the plans and specifications of the
road project, if a municipality or county will operate and maintain
the road; or
(2) the Texas Transportation Commission has approved
the plans and specifications of the road project, if the state will
operate and maintain the road.
(b) Except as provided by Subsection (a), the district is
not required to obtain approval from the Texas Transportation
Commission to design, acquire, construct, finance, issue bonds for,
improve, or convey a road project.
Sec. 7967A.0204. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
Sec. 7967A.0205. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district boundaries to acquire a site or easement for a road project
authorized by Section 7967A.0202.
SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
Sec. 7967A.0301. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 7967A.0302. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 7967A.0303. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
* * * * *