Bill Text: TX SB2520 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the powers and duties of the Cy-Champ Public Utility District; providing authority to issue bonds; providing authority to impose a tax.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-05-10 - Recommendations filed with the Senate [SB2520 Detail]
Download: Texas-2019-SB2520-Comm_Sub.html
| By: Bettencourt | S.B. No. 2520 | |
| (In the Senate - Filed April 3, 2019; April 4, 2019, read | ||
| first time and referred to Committee on Intergovernmental | ||
| Relations; April 25, 2019, reported favorably by the following | ||
| vote: Yeas 7, Nays 0; April 25, 2019, sent to printer.) | ||
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| relating to the powers and duties of the Cy-Champ Public Utility | ||
| District; providing authority to issue bonds; providing authority | ||
| to impose a tax. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Sections 8178.003(b) and (c), Special District | ||
| Local Laws Code, are amended to read as follows: | ||
| (b) All land and other property included in the boundaries | ||
| of the district will benefit from the works and projects | ||
| accomplished by the district under the powers conferred by Section | ||
| 59, Article XVI, Texas Constitution, and Section 52, Article III, | ||
| Texas Constitution. | ||
| (c) The creation of the district is essential 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. | ||
| SECTION 2. Subchapter C, Chapter 8178, Special District | ||
| Local Laws Code, is amended by adding Sections 8178.102, 8178.103, | ||
| 8178.104, and 8178.105 to read as follows: | ||
| Sec. 8178.102. 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. 8178.103. 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. | ||
| Sec. 8178.104. AUTHORITY TO ESTABLISH DEFINED AREAS. | ||
| Notwithstanding the acreage requirement under Section 54.801(a), | ||
| Water Code, the district may establish and administer defined areas | ||
| as provided by Subchapter J, Chapter 54, Water Code. | ||
| Sec. 8178.105. ADDITION OR EXCLUSION OF LAND IN DEFINED | ||
| AREA. The district may add or exclude land from the defined areas | ||
| in the same manner the district may add or exclude land from the | ||
| district. | ||
| SECTION 3. Chapter 8178, Special District Local Laws Code, | ||
| is amended by adding Subchapter D to read as follows: | ||
| SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS FOR ROAD PROJECTS | ||
| Sec. 8178.151. 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 8178.102. | ||
| (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 | ||
| outstanding 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. 8178.152. TAXES FOR ROAD BONDS. At the time the | ||
| district issues bonds for road projects payable wholly or partly | ||
| from ad valorem taxes, the district 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 4. The Cy-Champ Public Utility District retains all | ||
| the rights, powers, privileges, authority, duties, and functions | ||
| that it had before the effective date of this Act. | ||
| SECTION 5. (a) The legislature validates and confirms all | ||
| governmental acts and proceedings of the board of directors of the | ||
| Cy-Champ Public Utility District that were taken before the | ||
| effective date of this Act. | ||
| (b) 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 court | ||
| judgment; or | ||
| (2) has been held invalid by a final court judgment. | ||
| SECTION 6. (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 7. 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, 2019. | ||
| * * * * * | ||
