By: Wilson (Senate Sponsor - Schwertner) H.B. No. 5397
(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 name, powers, and duties of the 3 B&J Municipal
Utility District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 8221, Special District
Local Laws Code, is amended to read as follows:
CHAPTER 8221. WILLIAMSON COUNTY [3 B&J] MUNICIPAL UTILITY DISTRICT
NO. 51
SECTION 2. Section 8221.001(3), Special District Local Laws
Code, is amended to read as follows:
(3) "District" means the Williamson County [3 B&J]
Municipal Utility District No. 51.
SECTION 3. Section 8221.202, Special District Local Laws
Code, is amended to read as follows:
Sec. 8221.202. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
the time bonds or other obligations payable wholly or partly from ad
valorem taxes are issued,[:
[(1)] the board shall provide for the annual
imposition of [impose] a continuing direct annual ad valorem tax,
without limit to the rate or amount of the tax while all or part of
the bonds are outstanding as provided by Sections 54.601 and
54.602, Water Code [at a rate not to exceed the rate approved at an
election held under Section 8221.151, for each year that all or part
of the bonds are outstanding; and
[(2) the district annually shall impose an ad valorem
tax on all taxable property in the district in an amount sufficient
to:
[(A) pay the interest on the bonds or other
obligations as the interest becomes due;
[(B) create a sinking fund for the payment of the
principal of the bonds or other obligations when due or the
redemption price at any earlier required redemption date; and
[(C) pay the expenses of imposing the taxes].
SECTION 4. Sections 8221.003(b), 8221.105, 8221.106,
8221.107, and 8221.108, Special District Local Laws Code, are
repealed.
SECTION 5. The Williamson County Municipal Utility District
No. 51 retains all the rights, powers, privileges, authority,
duties, and functions that it had before the effective date of this
Act.
SECTION 6. (a) The legislature validates and confirms all
governmental acts and proceedings of the Williamson County
Municipal Utility District No. 51 that were taken before the
effective date of this Act.
(b) The legislature validates and confirms all governmental
acts and proceedings relating to the creation and the consent to the
creation of the Williamson County Municipal Utility District
No. 51.
(c) This section does not apply to any matter that on the
effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final court
judgment; or
(2) has been held invalid by a final court judgment.
SECTION 7. (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 8. 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.
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