Texas 2023 - 88th Regular

Texas Senate Bill SB2629 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Creighton S.B. No. 2629
2	2	(In the Senate - Filed May 3, 2023; May 4, 2023, read first
3	3	time and referred to Committee on Local Government; May 15, 2023,
4	4	reported favorably by the following vote: Yeas 7, Nays 0;
5	5	May 15, 2023, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the authority of the Roman Forest Public Utility
12	12	District No. 4 for road projects; providing authority to issue
13	13	bonds.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Section 8405.003(c), Special District Local Laws
16	16	Code, is amended to read as follows:
17	17	(c) The creation of the district is essential to accomplish
18	18	the purposes of:
19	19	(1) Section 59, Article XVI, Texas Constitution; and
20	20	(2) Section 52, Article III, Texas Constitution, that
21	21	relate to the construction, acquisition, improvement, operation,
22	22	or maintenance of macadamized, graveled, or paved roads, or
23	23	improvements, including storm drainage, in aid of those roads.
24	24	SECTION 2. Subchapter C, Chapter 8405, Special District
25	25	Local Laws Code, is amended by adding Sections 8405.102 and
26	26	8405.103 to read as follows:
27	27	Sec. 8405.102. AUTHORITY FOR ROAD PROJECTS. Under Section
28	28	52, Article III, Texas Constitution, the district may design,
29	29	acquire, construct, finance, issue bonds for, improve, operate,
30	30	maintain, and convey to this state, a county, or a municipality for
31	31	operation and maintenance macadamized, graveled, or paved roads, or
32	32	improvements, including storm drainage, in aid of those roads.
33	33	Sec. 8405.103. ROAD STANDARDS AND REQUIREMENTS. (a) A road
34	34	project must meet all applicable construction standards, zoning and
35	35	subdivision requirements, and regulations of each municipality in
36	36	whose corporate limits or extraterritorial jurisdiction the road
37	37	project is located.
38	38	(b) If a road project is not located in the corporate limits
39	39	or extraterritorial jurisdiction of a municipality, the road
40	40	project must meet all applicable construction standards,
41	41	subdivision requirements, and regulations of each county in which
42	42	the road project is located.
43	43	(c) If the state will maintain and operate the road, the
44	44	Texas Transportation Commission must approve the plans and
45	45	specifications of the road project.
46	46	SECTION 3. Chapter 8405, Special District Local Laws Code,
47	47	is amended by adding Subchapter D to read as follows:
48	48	SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS
49	49	Sec. 8405.201. AUTHORITY TO ISSUE BONDS AND OTHER
50	50	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
51	51	other obligations payable wholly or partly from ad valorem taxes,
52	52	impact fees, revenue, contract payments, grants, or other district
53	53	money, or any combination of those sources, to pay for a road
54	54	project authorized by Section 8405.102.
55	55	(b) The district may not issue bonds payable from ad valorem
56	56	taxes to finance a road project unless the issuance is approved by a
57	57	vote of a two-thirds majority of the district voters voting at an
58	58	election held for that purpose.
59	59	Sec. 8405.202. TAXES FOR BONDS. At the time the district
60	60	issues bonds payable wholly or partly from ad valorem taxes, the
61	61	board shall provide for the annual imposition of a continuing
62	62	direct ad valorem tax, without limit as to rate or amount, while all
63	63	or part of the bonds are outstanding as required and in the manner
64	64	provided by Sections 54.601 and 54.602, Water Code.
65	65	Sec. 8405.203. BONDS FOR ROAD PROJECTS. At the time of
66	66	issuance, the total principal amount of bonds or other obligations
67	67	issued or incurred to finance road projects and payable from ad
68	68	valorem taxes may not exceed one-fourth of the assessed value of the
69	69	real property in the district.
70	70	SECTION 4. (a) The legal notice of the intention to
71	71	introduce this Act, setting forth the general substance of this
72	72	Act, has been published as provided by law, and the notice and a
73	73	copy of this Act have been furnished to all persons, agencies,
74	74	officials, or entities to which they are required to be furnished
75	75	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
76	76	Government Code.
77	77	(b) The governor, one of the required recipients, has
78	78	submitted the notice and Act to the Texas Commission on
79	79	Environmental Quality.
80	80	(c) The Texas Commission on Environmental Quality has filed
81	81	its recommendations relating to this Act with the governor, the
82	82	lieutenant governor, and the speaker of the house of
83	83	representatives within the required time.
84	84	(d) All requirements of the constitution and laws of this
85	85	state and the rules and procedures of the legislature with respect
86	86	to the notice, introduction, and passage of this Act are fulfilled
87	87	and accomplished.
88	88	SECTION 5. This Act takes effect immediately if it receives
89	89	a vote of two-thirds of all the members elected to each house, as
90	90	provided by Section 39, Article III, Texas Constitution. If this
91	91	Act does not receive the vote necessary for immediate effect, this
92	92	Act takes effect September 1, 2023.
93	93	* * * * *