Bill Text: TX SB2206 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the powers and duties of the Morningstar Ranch Municipal Utility District No. 1; providing authority to impose a tax and issue bonds.
Spectrum: Partisan Bill (Republican 1-0)
Status: (N/A - Dead) 2021-04-14 - Referred to Local Government [SB2206 Detail]
Download: Texas-2021-SB2206-Introduced.html
| 87R18008 SLB-F | ||
| By: Springer | S.B. No. 2206 | |
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| relating to the powers and duties of the Morningstar Ranch | ||
| Municipal Utility District No. 1; 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 8490 to read as follows: | ||
| CHAPTER 8490. MORNINGSTAR RANCH MUNICIPAL UTILITY DISTRICT NO. 1 | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8490.0101. DEFINITIONS. In this chapter: | ||
| (1) "Board" means the district's board of directors. | ||
| (2) "District" means the Morningstar Ranch Municipal | ||
| Utility District No. 1. | ||
| Sec. 8490.0102. NATURE AND PURPOSES OF DISTRICT. (a) The | ||
| district is a municipal utility district created under Section 59, | ||
| Article XVI, Texas Constitution. | ||
| (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. 8490.0201. GENERAL POWERS AND DUTIES. The district | ||
| has the powers and duties necessary to accomplish the purposes for | ||
| which the district is created. | ||
| Sec. 8490.0202. 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. 8490.0203. 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. 8490.0204. ROAD STANDARDS AND REQUIREMENTS. (a) A | ||
| road project must meet all applicable construction standards 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 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. | ||
| Sec. 8490.0205. AUTHORITY TO ESTABLISH DEFINED AREAS OR | ||
| DESIGNATED PROPERTY. Notwithstanding the acreage requirement | ||
| under Section 54.801(a), Water Code, the district may define areas | ||
| or designate certain property of the district as provided by | ||
| Subchapter J, Chapter 54, Water Code, to pay for improvements, | ||
| facilities, or services that primarily benefit that area or | ||
| property and do not generally and directly benefit the district as a | ||
| whole. Notwithstanding any other provision of law, a defined area | ||
| may include a noncontiguous tract. | ||
| SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS | ||
| Sec. 8490.0301. 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, | ||
| revenue, contract payments, grants, or other district money, or any | ||
| combination of those sources, to pay for a road project authorized | ||
| by Section 8490.0203. | ||
| (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 the real property in the | ||
| district. | ||
| Sec. 8490.0302. 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 Morningstar Ranch Municipal Utility District | ||
| No. 1 retains all rights, powers, privileges, authority, duties, | ||
| and functions that it had before the effective date of this Act. | ||
| SECTION 3. (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 4. 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, 2021. | ||
