Texas 2023 - 88th Regular

Texas House Bill HB5312 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 5312
2	2
3	3
4	4	AN ACT
5	5	relating to the powers and duties of the Fort Bend County Municipal
6	6	Utility District No. 147; providing authority to issue bonds and
7	7	impose fees and taxes.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle F, Title 6, Special District Local Laws
10	10	Code, is amended by adding Chapter 7967A to read as follows:
11	11	CHAPTER 7967A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 147
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 7967A.0101. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the district's board of directors.
15	15	(2) "Commission" means the Texas Commission on
16	16	Environmental Quality.
17	17	(3) "District" means the Fort Bend County Municipal
18	18	Utility District No. 147.
19	19	Sec. 7967A.0102. NATURE AND PURPOSES OF DISTRICT. The
20	20	district is a municipal utility district in Fort Bend County
21	21	created under and essential to accomplish the purposes of Section
22	22	52, Article III, and Section 59, Article XVI, Texas Constitution.
23	23	SUBCHAPTER B. POWERS AND DUTIES
24	24	Sec. 7967A.0201. DEFINED AREAS. (a) Notwithstanding the
25	25	limitation on authorization based on acreage under Section
26	26	54.801(a), Water Code, the district may establish and administer
27	27	defined areas as provided by Subchapter J, Chapter 54, Water Code.
28	28	(b) Under Section 52, Article III, Texas Constitution, the
29	29	district may construct, acquire, improve, maintain, or operate in a
30	30	defined area established under this section:
31	31	(1) macadamized, graveled, or paved roads; or
32	32	(2) improvements, including storm drainage, in aid of
33	33	those roads.
34	34	(c) The district may issue bonds or other obligations as
35	35	provided by Chapters 49 and 54, Water Code, to finance the
36	36	construction, acquisition, improvement, maintenance, or operation
37	37	of projects under Subsection (b).
38	38	(d) The district may impose an ad valorem tax on real
39	39	property in a defined area to pay the principal of or interest on
40	40	bonds issued under Subsection (c) to finance projects benefiting
41	41	the defined area.
42	42	(e) The district may not issue bonds or other obligations
43	43	secured wholly or partly by ad valorem taxes to finance a project
44	44	authorized by Subsection (b) unless the issuance is approved by a
45	45	vote of a two-thirds majority of the voters of the defined area to
46	46	be benefited by the project as provided by Subchapter J, Chapter 54,
47	47	Water Code, voting at an election called for that purpose.
48	48	(f) At the time of issuance, the total principal amount of
49	49	bonds or other obligations issued or incurred to finance projects
50	50	authorized by Subsection (b) benefiting a defined area may not
51	51	exceed one-fourth of the assessed value of the real property in the
52	52	defined area.
53	53	Sec. 7967A.0202. AUTHORITY FOR ROAD PROJECTS. (a) Under
54	54	Section 52, Article III, Texas Constitution, the district may
55	55	design, acquire, construct, finance, issue bonds for, improve, and
56	56	convey to this state, a county, or a municipality for operation and
57	57	maintenance macadamized, graveled, or paved roads described by
58	58	Section 54.234, Water Code, or improvements, including storm
59	59	drainage, in aid of those roads.
60	60	(b) The district may exercise the powers provided by this
61	61	section without submitting a petition to or obtaining approval from
62	62	the commission as required by Section 54.234, Water Code.
63	63	Sec. 7967A.0203. APPROVAL OF ROAD PROJECT. (a) The
64	64	district may not undertake a road project authorized by Section
65	65	7967A.0202 unless:
66	66	(1) each municipality or county that will operate and
67	67	maintain the road has approved the plans and specifications of the
68	68	road project, if a municipality or county will operate and maintain
69	69	the road; or
70	70	(2) the Texas Transportation Commission has approved
71	71	the plans and specifications of the road project, if the state will
72	72	operate and maintain the road.
73	73	(b) Except as provided by Subsection (a), the district is
74	74	not required to obtain approval from the Texas Transportation
75	75	Commission to design, acquire, construct, finance, issue bonds for,
76	76	improve, or convey a road project.
77	77	Sec. 7967A.0204. COMPLIANCE WITH MUNICIPAL CONSENT
78	78	ORDINANCE OR RESOLUTION. The district shall comply with all
79	79	applicable requirements of any ordinance or resolution that is
80	80	adopted under Section 54.016 or 54.0165, Water Code, and that
81	81	consents to the creation of the district or to the inclusion of land
82	82	in the district.
83	83	Sec. 7967A.0205. LIMITATION ON USE OF EMINENT DOMAIN. The
84	84	district may not exercise the power of eminent domain outside the
85	85	district boundaries to acquire a site or easement for a road project
86	86	authorized by Section 7967A.0202.
87	87	SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
88	88	Sec. 7967A.0301. AUTHORITY TO ISSUE BONDS AND OTHER
89	89	OBLIGATIONS. The district may issue bonds or other obligations
90	90	payable wholly or partly from ad valorem taxes, impact fees,
91	91	revenue, contract payments, grants, or other district money, or any
92	92	combination of those sources, to pay for any authorized district
93	93	purpose.
94	94	Sec. 7967A.0302. TAXES FOR BONDS. At the time the district
95	95	issues bonds payable wholly or partly from ad valorem taxes, the
96	96	board shall provide for the annual imposition of a continuing
97	97	direct ad valorem tax, without limit as to rate or amount, while all
98	98	or part of the bonds are outstanding as required and in the manner
99	99	provided by Sections 54.601 and 54.602, Water Code.
100	100	Sec. 7967A.0303. BONDS FOR ROAD PROJECTS. At the time of
101	101	issuance, the total principal amount of bonds or other obligations
102	102	issued or incurred to finance road projects and payable from ad
103	103	valorem taxes may not exceed one-fourth of the assessed value of the
104	104	real property in the district.
105	105	SECTION 2. (a) The legal notice of the intention to
106	106	introduce this Act, setting forth the general substance of this
107	107	Act, has been published as provided by law, and the notice and a
108	108	copy of this Act have been furnished to all persons, agencies,
109	109	officials, or entities to which they are required to be furnished
110	110	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
111	111	Government Code.
112	112	(b) The governor, one of the required recipients, has
113	113	submitted the notice and Act to the Texas Commission on
114	114	Environmental Quality.
115	115	(c) The Texas Commission on Environmental Quality has filed
116	116	its recommendations relating to this Act with the governor, the
117	117	lieutenant governor, and the speaker of the house of
118	118	representatives within the required time.
119	119	(d) All requirements of the constitution and laws of this
120	120	state and the rules and procedures of the legislature with respect
121	121	to the notice, introduction, and passage of this Act are fulfilled
122	122	and accomplished.
123	123	SECTION 3. This Act takes effect immediately if it receives
124	124	a vote of two-thirds of all the members elected to each house, as
125	125	provided by Section 39, Article III, Texas Constitution. If this
126	126	Act does not receive the vote necessary for immediate effect, this
127	127	Act takes effect September 1, 2023.
128	128	______________________________ ______________________________
129	129	President of the Senate Speaker of the House
130	130	I certify that H.B. No. 5312 was passed by the House on May
131	131	12, 2023, by the following vote: Yeas 114, Nays 26, 2 present, not
132	132	voting.
133	133	______________________________
134	134	Chief Clerk of the House
135	135	I certify that H.B. No. 5312 was passed by the Senate on May
136	136	24, 2023, by the following vote: Yeas 28, Nays 3.
137	137	______________________________
138	138	Secretary of the Senate
139	139	APPROVED: _____________________
140	140	Date
141	141	_____________________
142	142	Governor