Bill Text: TX HB3845 | 2011-2012 | 82nd Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the powers of the CLL Municipal Utility District No. 1; providing authority to levy an assessment, impose a tax, and issue bonds.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [HB3845 Detail]
Download: Texas-2011-HB3845-Comm_Sub.html
Bill Title: Relating to the powers of the CLL Municipal Utility District No. 1; providing authority to levy an assessment, impose a tax, and issue bonds.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-06-17 - Effective immediately [HB3845 Detail]
Download: Texas-2011-HB3845-Comm_Sub.html
82R23993 SLB-F | |||
By: Sheffield | H.B. No. 3845 | ||
Substitute the following for H.B. No. 3845: | |||
By: Keffer | C.S.H.B. No. 3845 |
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relating to the powers of the CLL Municipal Utility District No. 1; | ||
providing authority to levy an assessment, impose a tax, and issue | ||
bonds. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 8109, Special District | ||
Local Laws Code, is amended by adding Sections 8109.0025 and | ||
8109.0026 to read as follows: | ||
Sec. 8109.0025. PURPOSE; DECLARATION OF INTENT. (a) The | ||
district is essential to accomplish the purposes of Sections 52 and | ||
52-a, Article III, and Section 59, Article XVI, Texas Constitution, | ||
and other public purposes stated in this chapter. By creating the | ||
district, the legislature has established a program to accomplish | ||
the public purposes set out in Section 52-a, Article III, Texas | ||
Constitution. | ||
(b) The creation of the district is necessary to promote, | ||
develop, encourage, and maintain employment, commerce, | ||
transportation, housing, tourism, recreation, the arts, | ||
entertainment, economic development, safety, and the public | ||
welfare in the district. | ||
Sec. 8109.0026. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. | ||
(a) The district is created to serve a public use and benefit. | ||
(b) All land and other property included in the district | ||
will benefit from the improvements and services to be provided by | ||
the district under powers conferred by Sections 52 and 52-a, | ||
Article III, and Section 59, Article XVI, Texas Constitution, and | ||
other powers granted under this chapter. | ||
(c) The creation of the district is in the public interest | ||
and is essential to: | ||
(1) further the public purposes of developing and | ||
diversifying the economy of the state; | ||
(2) eliminate unemployment and underemployment; and | ||
(3) develop commerce. | ||
(d) The district will: | ||
(1) promote the health, safety, and general welfare of | ||
residents, employers, potential employees, employees, visitors, | ||
and consumers in the district; | ||
(2) provide needed funding for the district to | ||
preserve, maintain, and enhance the economic health and vitality of | ||
the district territory as a community and business center; and | ||
(3) promote the health, safety, welfare, and enjoyment | ||
of the public by providing trails, landscaping, and other services | ||
that are necessary for the restoration, preservation, and | ||
enhancement of the scenic beauty and environment of the area. | ||
SECTION 2. Chapter 8109, Special District Local Laws Code, | ||
is amended by adding Subchapters D, E, F, G, H, and I to read as | ||
follows: | ||
SUBCHAPTER D. POWERS AND DUTIES | ||
Sec. 8109.151. MUNICIPAL MANAGEMENT DISTRICT POWERS. The | ||
district has the powers provided by Chapter 375, Local Government | ||
Code. | ||
Sec. 8109.152. EXERCISE OF POWERS OF DEVELOPMENT | ||
CORPORATION. The district may exercise the powers of a corporation | ||
created under Section 380.001(c) or Chapter 501, Local Government | ||
Code. | ||
Sec. 8109.153. AIRPORT. The district may construct, | ||
acquire, improve, maintain, and operate an airport and improvements | ||
in aid of the airport. | ||
Sec. 8109.154. AUTHORITY FOR ROAD PROJECTS. (a) Under | ||
Section 52, Article III, Texas Constitution, the district may | ||
design, acquire, construct, finance, issue bonds for, improve, and | ||
convey to this state, a county, or a municipality for operation and | ||
maintenance macadamized, graveled, or paved roads described by | ||
Section 54.234, Water Code, or improvements, including storm | ||
drainage, in aid of those roads. | ||
(b) The district may exercise the powers provided by this | ||
section without submitting a petition to or obtaining approval from | ||
the Texas Commission on Environmental Quality as required by | ||
Section 54.234, Water Code. | ||
Sec. 8109.155. APPROVAL OF ROAD PROJECT. (a) The district | ||
may not undertake a road project authorized by Section 8109.154 | ||
unless: | ||
(1) each county that will operate and maintain the | ||
road has approved the plans and specifications of the road project, | ||
if a county will operate and maintain the road; or | ||
(2) the Texas Transportation Commission has approved | ||
the plans and specifications of the road project, if the state will | ||
operate and maintain the road. | ||
(b) Except as provided by Subsection (a), the district is | ||
not required to obtain approval from the Texas Transportation | ||
Commission to design, acquire, construct, finance, issue bonds for, | ||
improve, or convey a road project. | ||
Sec. 8109.156. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE | ||
OR RESOLUTION. The district shall comply with all applicable | ||
requirements of any ordinance or resolution that is adopted under | ||
Section 54.016 or 54.0165, Water Code, and that consents to the | ||
creation of the district or to the inclusion of land in the | ||
district. | ||
Sec. 8109.157. LIMITATION ON USE OF EMINENT DOMAIN. The | ||
district may not exercise the power of eminent domain outside the | ||
district to acquire a site or easement for: | ||
(1) a road project authorized by Section 8109.154; or | ||
(2) a recreational facility as defined by Section | ||
49.462, Water Code. | ||
SUBCHAPTER E. IMPROVEMENT PROJECTS | ||
Sec. 8109.201. IMPROVEMENT PROJECTS; SERVICES. The | ||
district may provide, or it may enter into contracts with a | ||
governmental or private entity to provide, the improvement projects | ||
and services described by this subchapter or activities in support | ||
of or incidental to those projects and services. | ||
Sec. 8109.202. BOARD DETERMINATION REQUIRED. The district | ||
may not undertake a project under this subchapter unless the board | ||
determines the project to be necessary to accomplish a public | ||
purpose of the district. | ||
Sec. 8109.203. WATER. An improvement project may include | ||
a: | ||
(1) wastewater treatment and disposal facility; | ||
(2) water quality protection facility; and | ||
(3) facility to enhance groundwater recharge. | ||
Sec. 8109.204. IRRIGATION AND DRAINAGE. An improvement | ||
project may include facilities for irrigation and drainage. | ||
Sec. 8109.205. SOLID WASTE SERVICES. An improvement | ||
project may include solid waste management services, including | ||
garbage collection, recycling, and composting. | ||
Sec. 8109.206. CONVENTION CENTER. An improvement project | ||
may include the planning, design, construction, acquisition, | ||
lease, rental, improvement, maintenance, installation, and | ||
management of and provision of furnishings for a facility for: | ||
(1) a conference, convention, or exhibition; | ||
(2) a manufacturer, consumer, or trade show; | ||
(3) a civic, community, or institutional event; or | ||
(4) an exhibit, display, attraction, special event, or | ||
seasonal or cultural celebration or holiday. | ||
Sec. 8109.207. MISCELLANEOUS DESIGN, CONSTRUCTION, AND | ||
MAINTENANCE. In addition to the projects and services described by | ||
Section 375.112, Local Government Code, an improvement project may | ||
include the planning, design, construction, improvement, and | ||
maintenance of: | ||
(1) highway right-of-way or transit corridor | ||
beautification and improvement; | ||
(2) a hiking and cycling path or trail; | ||
(3) a garden, recreational facility, sports facility, | ||
open space, scenic area, or related exhibit or preserve; or | ||
(4) a storm water detention improvement. | ||
Sec. 8109.208. SIMILAR IMPROVEMENT PROJECTS. An | ||
improvement project may include a public improvement, facility, or | ||
service similar to a project described by this subchapter. | ||
SUBCHAPTER F. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8109.251. ASSESSMENTS. The district may levy and | ||
collect special assessments in the same manner and for the same | ||
purposes as a municipal management district as provided in | ||
Subchapter F, Chapter 375, Local Government Code. | ||
SUBCHAPTER G. BONDS AND OTHER OBLIGATIONS | ||
Sec. 8109.301. AUTHORITY TO ISSUE BONDS AND OTHER | ||
OBLIGATIONS. The district may issue bonds or other obligations | ||
payable wholly or partly from ad valorem taxes, impact fees, | ||
revenue, contract payments, grants, hotel occupancy taxes, sales | ||
and use taxes, other district money, or any combination of those | ||
sources to pay for any authorized district purpose. | ||
Sec. 8109.302. TAXES FOR BONDS. (a) At the time the | ||
district issues bonds payable wholly or partly from ad valorem | ||
taxes, the board shall provide for the annual imposition of an ad | ||
valorem tax, without limit as to rate or amount, as required by | ||
Section 54.601, Water Code. | ||
(b) The board shall annually impose the tax while all or | ||
part of the bonds are outstanding. Sections 54.601 and 54.602, | ||
Water Code, govern the amount and rate of the tax. | ||
Sec. 8109.303. BONDS FOR ROAD PROJECTS. 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 the real property in the district. | ||
SUBCHAPTER H. SALES AND USE TAX | ||
Sec. 8109.351. APPLICABILITY OF CERTAIN TAX CODE | ||
PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition, | ||
computation, administration, enforcement, and collection of the | ||
sales and use tax authorized by this subchapter except to the extent | ||
Chapter 321, Tax Code, is inconsistent with this chapter. | ||
(b) A reference in Chapter 321, Tax Code, to a municipality | ||
or the governing body of a municipality is a reference to the | ||
district or the board, respectively. | ||
Sec. 8109.352. ELECTION; ADOPTION OF TAX. (a) The district | ||
may adopt a sales and use tax if authorized by a majority of the | ||
voters of the district voting at an election held for that purpose. | ||
(b) The board by order may call an election to authorize the | ||
adoption of the sales and use tax. The election may be held on any | ||
uniform election date and in conjunction with any other district | ||
election. | ||
(c) The ballot shall be printed to provide for voting for or | ||
against the proposition: "Authorization of a sales and use tax in | ||
the CLL Municipal Utility District No. 1 at a rate not to exceed | ||
____ percent" (insert rate of one or more increments of one-eighth | ||
of one percent). | ||
Sec. 8109.353. SALES AND USE TAX RATE. (a) Not later than | ||
the 10th day after the date the results are declared of an election | ||
held under Section 8109.352, at which the voters approved | ||
imposition of the tax authorized by this subchapter, the board | ||
shall determine the initial rate of the tax, which must be in one or | ||
more increments of one-eighth of one percent. | ||
(b) After the election held under Section 8109.352, the | ||
board may decrease the rate of the tax by one or more increments of | ||
one-eighth of one percent. The board may not decrease the rate of | ||
the tax if the decrease would impair the repayment of any | ||
outstanding debt or obligation payable from the tax. | ||
(c) The initial rate of the tax or any rate resulting from | ||
subsequent decreases may not exceed the lesser of: | ||
(1) the maximum rate authorized by the district voters | ||
at the election held under Section 8109.352; or | ||
(2) a rate that, when added to the rates of all sales | ||
and use taxes imposed by other political subdivisions with | ||
territory in the district, would result in the maximum combined | ||
rate prescribed by Section 321.101(f), Tax Code, at any location in | ||
the district. | ||
(d) The board shall notify the comptroller of any changes | ||
made to the tax rate in the same manner the municipal secretary | ||
provides notice to the comptroller under Section 321.405(b), Tax | ||
Code. | ||
Sec. 8109.354. USE OF REVENUE. Revenue from the sales and | ||
use tax imposed under this subchapter is for the use and benefit of | ||
the district and may be used for any district purpose. | ||
SUBCHAPTER I. HOTEL OCCUPANCY TAX | ||
Sec. 8109.401. APPLICABILITY OF CERTAIN TAX CODE | ||
PROVISIONS. (a) In this subchapter: | ||
(1) a reference in Subchapter A, Chapter 351, Tax | ||
Code, to a municipality is a reference to the district; and | ||
(2) a reference in Subchapter A, Chapter 351, Tax | ||
Code, to the governing body of a municipality is a reference to the | ||
board. | ||
(b) Except as inconsistent with this subchapter, Subchapter | ||
A, Chapter 351, Tax Code, governs a hotel occupancy tax authorized | ||
by this subchapter, including the collection of the tax, subject to | ||
the limitations prescribed by Sections 351.002(b) and (c), Tax | ||
Code. | ||
Sec. 8109.402. TAX AUTHORIZED; USE OF REVENUE. The | ||
district may impose a hotel occupancy tax for any purpose | ||
authorized by Section 351.101, Tax Code. | ||
Sec. 8109.403. TAX RATE. (a) The amount of the hotel | ||
occupancy tax may not exceed the maximum rate provided by Section | ||
351.003(a), Tax Code. | ||
(b) The district may not adopt a hotel occupancy tax at a | ||
rate that would cause the combined rate of all hotel occupancy taxes | ||
imposed by the district and other political subdivisions of this | ||
state at a location in the district to exceed 15 percent. If a | ||
political subdivision's adoption of a hotel occupancy tax rate | ||
causes the combined hotel occupancy tax rate imposed at a location | ||
in the district to exceed 15 percent, the district's hotel | ||
occupancy tax rate in the entire district is automatically reduced | ||
to bring the combined rate imposed at that location down to not more | ||
than 15 percent. | ||
(c) The district shall notify each hotel in the district of | ||
any change in the hotel occupancy tax rate under this section. | ||
(d) Any change in the hotel occupancy tax rate takes effect | ||
on the first day of the next calendar month following the change. | ||
SECTION 3. (a) The legislature validates and confirms all | ||
governmental acts and proceedings of the CLL Municipal Utility | ||
District No. 1 relating to the exclusion of land, the annexation of | ||
land, and the establishment of the district's boundaries that were | ||
taken before the effective date of this Act. | ||
(b) This section does not apply to: | ||
(1) an act or proceeding that was void at the time it | ||
occurred; | ||
(2) an act that was a misdemeanor or felony at the time | ||
it occurred; | ||
(3) an annexation or attempted annexation of land in | ||
the boundaries or extraterritorial jurisdiction of a municipality | ||
that occurred without the consent of the municipality; and | ||
(4) any matter that on the effective date of this Act: | ||
(A) is involved in litigation if the litigation | ||
ultimately results in the matter being held invalid by a final court | ||
judgment; or | ||
(B) has been held invalid by a final court | ||
judgment. | ||
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 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, | ||
lieutenant governor, and 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, 2011. |