Bill Text: TX HB1942 | 2013-2014 | 83rd Legislature | Comm Sub
Bill Title: Relating to the powers and duties of the Brazoria County Municipal Utility District No. 39; providing authority to issue bonds; providing authority to impose fees or taxes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-05-13 - Considered in Local & Consent Calendars [HB1942 Detail]
Download: Texas-2013-HB1942-Comm_Sub.html
| 83R15768 SLB-D | |||
| By: Thompson of Brazoria | H.B. No. 1942 | ||
| Substitute the following for H.B. No. 1942: | |||
| By: Thompson of Brazoria | C.S.H.B. No. 1942 | ||
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| relating to the powers and duties of the Brazoria County Municipal | ||
| Utility District No. 39; providing authority to issue bonds; | ||
| providing authority to impose fees or 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 8429 to read as follows: | ||
| CHAPTER 8429. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 39 | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8429.001. DEFINITION. In this chapter, "district" | ||
| means the Brazoria County Municipal Utility District No. 39. | ||
| Sec. 8429.002. NATURE OF DISTRICT. The district is a | ||
| municipal utility district created under Section 59, Article XVI, | ||
| Texas Constitution. | ||
| Sec. 8429.003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) | ||
| The district is created to serve a public purpose and benefit. | ||
| (b) The district is created to accomplish the purposes of: | ||
| (1) a municipal utility district as provided by | ||
| general law and Section 59, Article XVI, Texas Constitution; and | ||
| (2) Section 52, Article III, Texas Constitution, that | ||
| relate to the construction, acquisition, improvement, operation, | ||
| or maintenance of macadamized, graveled, or paved roads, or | ||
| improvements, including storm drainage, in aid of those roads. | ||
| SUBCHAPTER B. POWERS AND DUTIES | ||
| Sec. 8429.051. GENERAL POWERS AND DUTIES. The district has | ||
| the powers and duties necessary to accomplish the purposes for | ||
| which the district is created. | ||
| Sec. 8429.052. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
| DUTIES. The district has the powers and duties provided by the | ||
| general law of this state, including Chapters 49 and 54, Water Code, | ||
| applicable to municipal utility districts created under Section 59, | ||
| Article XVI, Texas Constitution. | ||
| Sec. 8429.053. AUTHORITY FOR ROAD PROJECTS. Under Section | ||
| 52, Article III, Texas Constitution, the district may design, | ||
| acquire, construct, finance, issue bonds for, improve, operate, | ||
| maintain, and convey to this state, a county, or a municipality for | ||
| operation and maintenance macadamized, graveled, or paved roads, or | ||
| improvements, including storm drainage, in aid of those roads. | ||
| Sec. 8429.054. ROAD STANDARDS AND REQUIREMENTS. (a) A road | ||
| project must meet all applicable construction standards, zoning and | ||
| subdivision requirements, and regulations of each municipality in | ||
| whose corporate limits or extraterritorial jurisdiction the road | ||
| project is located. | ||
| (b) If a road project is not located in the corporate limits | ||
| or extraterritorial jurisdiction of a municipality, the road | ||
| project must meet all applicable construction standards, | ||
| subdivision requirements, and regulations of each county in which | ||
| the road project is located. | ||
| (c) If the state will maintain and operate the road, the | ||
| Texas Transportation Commission must approve the plans and | ||
| specifications of the road project. | ||
| SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS | ||
| Sec. 8429.101. AUTHORITY TO ISSUE BONDS AND OTHER | ||
| OBLIGATIONS FOR ROAD PROJECTS. (a) 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 a road | ||
| project authorized by Section 8429.053. | ||
| (b) The district may not issue bonds payable from ad valorem | ||
| taxes to finance a road project unless the issuance is approved by a | ||
| vote of a two-thirds majority of the district voters voting at an | ||
| election held for that purpose. | ||
| (c) 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 real property in the district. | ||
| Sec. 8429.102. 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. | ||
| SECTION 2. The Brazoria County Municipal Utility District | ||
| No. 39 retains all the rights, powers, privileges, authority, | ||
| duties, and functions that it had before the effective date of this | ||
| Act. | ||
| SECTION 3. (a) The legislature validates and confirms all | ||
| acts and proceedings of the board of directors of the Brazoria | ||
| County Municipal Utility District No. 39 that were taken before the | ||
| effective date of this Act. | ||
| (b) Subsection (a) of 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 | ||
| judgment of a court; or | ||
| (2) has been held invalid by a final judgment of a | ||
| court. | ||
| SECTION 4. (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 5. 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, 2013. | ||
