Bill Text: TX HB935 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the powers and duties of the Willow Point Municipal Utility District of Fort Bend and Waller Counties; providing authority to impose a tax and issue bonds.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-03-27 - Left pending in committee [HB935 Detail]
Download: Texas-2013-HB935-Introduced.html
| 83R2011 AED-F | ||
| By: Zerwas | H.B. No. 935 | |
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| relating to the powers and duties of the Willow Point Municipal | ||
| Utility District of Fort Bend and Waller Counties; providing | ||
| authority to impose a tax and issue bonds. | ||
| 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 8413 to read as follows: | ||
| CHAPTER 8413. WILLOW POINT MUNICIPAL UTILITY DISTRICT OF | ||
| FORT BEND AND WALLER COUNTIES | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8413.001. DEFINITION. In this chapter, "district" | ||
| means the Willow Point Municipal Utility District of Fort Bend and | ||
| Waller Counties. | ||
| Sec. 8413.002. NATURE OF DISTRICT. The district is a | ||
| municipal utility district in Fort Bend and Waller Counties created | ||
| under and essential to accomplish the purposes of Section 52(b)(3), | ||
| Article III, or Section 59, Article XVI, Texas Constitution. | ||
| Sec. 8413.003. APPLICABILITY OF OTHER LAW. Except as | ||
| otherwise provided by this chapter, Chapters 49 and 54, Water Code, | ||
| apply to the district. | ||
| [Sections 8413.004-8413.050 reserved for expansion] | ||
| SUBCHAPTER B. POWERS AND DUTIES | ||
| Sec. 8413.051. ROAD PROJECTS. (a) The district may | ||
| construct, acquire, improve, maintain, or operate macadamized, | ||
| graveled, or paved roads or turnpikes, or improvements in aid of | ||
| those roads or turnpikes, inside the district. | ||
| (b) A road project must meet all applicable construction | ||
| standards, zoning and subdivision requirements, and regulations | ||
| of: | ||
| (1) each municipality in whose corporate limits or | ||
| extraterritorial jurisdiction the district is located; and | ||
| (2) each county in which the district is located. | ||
| (c) The district may not undertake a road project unless | ||
| each municipality in whose corporate limits or extraterritorial | ||
| jurisdiction the district is located consents by resolution. | ||
| Sec. 8413.052. COMPLIANCE WITH MUNICIPAL CONSENT | ||
| RESOLUTIONS. The district shall comply with all applicable | ||
| requirements of any resolution, adopted by the governing body of a | ||
| municipality, that consented to the creation of the district or to | ||
| the inclusion of land in the district. | ||
| [Sections 8413.053-8413.100 reserved for expansion] | ||
| SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS | ||
| Sec. 8413.101. TAX TO REPAY BONDS FOR ROAD PROJECTS. The | ||
| district may impose a tax to pay the principal of or interest on | ||
| bonds issued under Section 8413.151. | ||
| [Sections 8413.102-8413.150 reserved for expansion] | ||
| SUBCHAPTER D. BONDS | ||
| Sec. 8413.151. AUTHORITY TO ISSUE BONDS AND OTHER | ||
| OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or | ||
| other obligations as provided by Chapters 49 and 54, Water Code, to | ||
| finance the construction, maintenance, or operation of projects | ||
| under Section 8413.051. | ||
| (b) The district may not issue bonds or other obligations | ||
| secured wholly or partly by ad valorem taxation to finance projects | ||
| authorized by Section 8413.051 unless the issuance is approved by a | ||
| vote of a two-thirds majority of the voters in the district or of | ||
| the defined areas to be benefited by the project as provided by | ||
| Subchapter J, Chapter 54, Water Code, voting at an election called | ||
| for that purpose. The simple majority vote approval required by | ||
| Section 54.808(a), Water Code, does not apply to an election under | ||
| this subsection. | ||
| (c) Bonds or other obligations issued or incurred to finance | ||
| projects authorized by Section 8413.051 may not exceed one-fourth | ||
| of the assessed value of the real property in the district or the | ||
| defined area as provided by Subchapter J, Chapter 54, Water Code. | ||
| SECTION 2. (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 3. 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. | ||
