Texas 2023 - 88th Regular

Texas Senate Bill SB2619 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Creighton S.B. No. 2619
2	2	(Metcalf)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers and duties of the Stanley Lake Municipal
8	8	Utility District; providing authority to issue bonds; providing
9	9	authority to impose fees and taxes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 7983A to read as follows:
13	13	CHAPTER 7983A. STANLEY LAKE MUNICIPAL UTILITY DISTRICT
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 7983A.0101. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "District" means the Stanley Lake Municipal
18	18	Utility District.
19	19	Sec. 7983A.0102. NATURE OF DISTRICT. The district is a
20	20	municipal utility district created under Section 59, Article XVI,
21	21	Texas Constitution.
22	22	Sec. 7983A.0103. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
23	23	(a) The district is created to serve a public purpose and benefit.
24	24	(b) The district is created to accomplish the purposes of:
25	25	(1) a municipal utility district as provided by
26	26	general law and Section 59, Article XVI, Texas Constitution; and
27	27	(2) Section 52, Article III, Texas Constitution, that
28	28	relate to the construction, acquisition, improvement, operation,
29	29	or maintenance of macadamized, graveled, or paved roads, or
30	30	improvements, including storm drainage, in aid of those roads.
31	31	SUBCHAPTER B. POWERS AND DUTIES
32	32	Sec. 7983A.0201. GENERAL POWERS AND DUTIES. (a) The
33	33	district has the powers and duties necessary to accomplish the
34	34	purposes for which the district is created.
35	35	(b) The district has the powers and duties provided by the
36	36	general law of this state, including Chapters 49 and 54, Water Code,
37	37	applicable to municipal utility districts created under Section 59,
38	38	Article XVI, Texas Constitution.
39	39	Sec. 7983A.0202. AUTHORITY FOR ROAD PROJECTS. Under
40	40	Section 52, Article III, Texas Constitution, the district may
41	41	design, acquire, construct, finance, issue bonds for, improve,
42	42	operate, maintain, and convey to this state, a county, or a
43	43	municipality for operation and maintenance macadamized, graveled,
44	44	or paved roads, or improvements, including storm drainage, in aid
45	45	of those roads.
46	46	Sec. 7983A.0203. ROAD STANDARDS AND REQUIREMENTS. (a) A
47	47	road project must meet all applicable construction standards,
48	48	zoning and subdivision requirements, and regulations of each
49	49	municipality in whose corporate limits or extraterritorial
50	50	jurisdiction the road project is located.
51	51	(b) If a road project is not located in the corporate limits
52	52	or extraterritorial jurisdiction of a municipality, the road
53	53	project must meet all applicable construction standards,
54	54	subdivision requirements, and regulations of each county in which
55	55	the road project is located.
56	56	(c) If the state will maintain and operate the road, the
57	57	Texas Transportation Commission must approve the plans and
58	58	specifications of the road project.
59	59	SUBCHAPTER C. DEFINED AREAS
60	60	Sec. 7983A.0301. AUTHORITY TO ESTABLISH DEFINED AREAS OR
61	61	DESIGNATED PROPERTY. The district may define areas or designate
62	62	certain property of the district to pay for improvements,
63	63	facilities, or services that primarily benefit that area or
64	64	property and do not generally and directly benefit the district as a
65	65	whole.
66	66	Sec. 7983A.0302. PROCEDURE FOR ELECTION. (a) Before the
67	67	district may impose an ad valorem tax applicable only to the defined
68	68	area or designated property or issue bonds payable from ad valorem
69	69	taxes of the defined area or designated property, the board shall
70	70	hold an election in the defined area or in the designated property
71	71	only.
72	72	(b) The board may submit the issues to the voters on the same
73	73	ballot to be used in another election.
74	74	Sec. 7983A.0303. DECLARING RESULT AND ISSUING ORDER. (a)
75	75	If a majority of the voters voting at the election approve the
76	76	proposition or propositions, the board shall declare the results
77	77	and, by order, shall establish the defined area and describe it by
78	78	metes and bounds or designate the specific property.
79	79	(b) A court may not review the board's order except on the
80	80	ground of fraud, palpable error, or arbitrary and confiscatory
81	81	abuse of discretion.
82	82	Sec. 7983A.0304. TAXES FOR SERVICES, IMPROVEMENTS, AND
83	83	FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
84	84	approval and adoption of the order described by Section 7983A.0303,
85	85	the district may apply separately, differently, equitably, and
86	86	specifically its taxing power and lien authority to the defined
87	87	area or designated property to provide money to construct,
88	88	administer, maintain, and operate services, improvements, and
89	89	facilities that primarily benefit the defined area or designated
90	90	property.
91	91	Sec. 7983A.0305. ISSUANCE OF BONDS FOR DEFINED AREA OR
92	92	DESIGNATED PROPERTY. After the order under Section 7983A.0303 is
93	93	adopted, the district may issue bonds to provide for any land,
94	94	improvements, facilities, plants, equipment, and appliances for
95	95	the defined area or designated property.
96	96	SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS
97	97	Sec. 7983A.0401. AUTHORITY TO ISSUE BONDS AND OTHER
98	98	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
99	99	other obligations payable wholly or partly from ad valorem taxes,
100	100	impact fees, revenue, contract payments, grants, or other district
101	101	money, or any combination of those sources, to pay for a road
102	102	project authorized by Section 7983A.0202.
103	103	(b) The district may not issue bonds payable from ad valorem
104	104	taxes to finance a road project unless the issuance is approved by a
105	105	vote of a two-thirds majority of the district voters voting at an
106	106	election held for that purpose.
107	107	Sec. 7983A.0402. TAXES FOR BONDS. At the time the district
108	108	issues bonds payable wholly or partly from ad valorem taxes, the
109	109	board shall provide for the annual imposition of a continuing
110	110	direct ad valorem tax, without limit as to rate or amount, while all
111	111	or part of the bonds are outstanding as required and in the manner
112	112	provided by Sections 54.601 and 54.602, Water Code.
113	113	Sec. 7983A.0403. BONDS FOR ROAD PROJECTS. At the time of
114	114	issuance, the total principal amount of bonds or other obligations
115	115	issued or incurred to finance road projects and payable from ad
116	116	valorem taxes may not exceed one-fourth of the assessed value of the
117	117	real property in the district.
118	118	SECTION 2. The Stanley Lake Municipal Utility District
119	119	retains all rights, powers, privileges, authority, duties, and
120	120	functions that it had before the effective date of this Act.
121	121	SECTION 3. (a) The legislature validates and confirms all
122	122	governmental acts and proceedings of the Stanley Lake Municipal
123	123	Utility District that were taken before the effective date of this
124	124	Act.
125	125	(b) This section does not apply to any matter that on the
126	126	effective date of this Act:
127	127	(1) is involved in litigation if the litigation
128	128	ultimately results in the matter being held invalid by a final court
129	129	judgment; or
130	130	(2) has been held invalid by a final court judgment.
131	131	SECTION 4. (a) The legal notice of the intention to
132	132	introduce this Act, setting forth the general substance of this
133	133	Act, has been published as provided by law, and the notice and a
134	134	copy of this Act have been furnished to all persons, agencies,
135	135	officials, or entities to which they are required to be furnished
136	136	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
137	137	Government Code.
138	138	(b) The governor, one of the required recipients, has
139	139	submitted the notice and Act to the Texas Commission on
140	140	Environmental Quality.
141	141	(c) The Texas Commission on Environmental Quality has filed
142	142	its recommendations relating to this Act with the governor, the
143	143	lieutenant governor, and the speaker of the house of
144	144	representatives within the required time.
145	145	(d) All requirements of the constitution and laws of this
146	146	state and the rules and procedures of the legislature with respect
147	147	to the notice, introduction, and passage of this Act are fulfilled
148	148	and accomplished.
149	149	SECTION 5. This Act takes effect immediately if it receives
150	150	a vote of two-thirds of all the members elected to each house, as
151	151	provided by Section 39, Article III, Texas Constitution. If this
152	152	Act does not receive the vote necessary for immediate effect, this
153	153	Act takes effect September 1, 2023.