|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the power of the Bell County Water Control and |
|
Improvement District No. 1 to issue bonds. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 9005.102, Special District Local Laws |
|
Code, is amended to read as follows: |
|
Sec. 9005.102. AUTHORITY TO ISSUE BONDS. (a) The district |
|
may issue bonds for the purpose of purchasing, constructing, |
|
acquiring, owning, operating, repairing, improving, enlarging, or |
|
extending any district works, improvements, facilities, plants, |
|
equipment, and appliances needed or useful to accomplish or carry |
|
out the purposes, powers, functions, or obligations of the |
|
district, including works, improvements, facilities, plants, |
|
equipment, and appliances needed to provide a waterworks system, |
|
sanitary sewer system, storm sewer system, or solid waste disposal |
|
system. [In this section, "district property" means the district's
|
|
improvements, including property operated by the district under a
|
|
lease.] |
|
(b) To provide for the payment of bonds issued under this |
|
section, the [The] district may: |
|
(1) impose ad valorem taxes on all taxable property in |
|
the district; |
|
(2) pledge all or any part of revenue available to the |
|
district from any source, including all or part of the revenue: |
|
(A) resulting from the ownership or operation of |
|
the district's works, improvements, facilities, plants, equipment, |
|
and appliances; or |
|
(B) available under specific contracts for a |
|
period of time the district determines; or |
|
(3) pledge any combination of the sources of taxes or |
|
revenue described by Subdivisions (1) and (2) [may call a bond
|
|
election and issue bonds in the manner and for the purposes provided
|
|
in Chapters 49 and 51, Water Code.
In addition to the purposes
|
|
under those chapters, the district may vote on and issue bonds to:
|
|
[(1)
acquire materials, supplies, equipment, and
|
|
other property needed or useful to maintain district property; and
|
|
[(2)
extend, enlarge, improve, or repair district
|
|
property]. |
|
(c) Bonds secured by and payable solely from revenue under |
|
Subsection (b)(2): |
|
(1) may be issued without an election; and |
|
(2) are not subject to Section 49.181, Water Code [If
|
|
bonds are voted on and issued in connection with property to be
|
|
operated by the district under lease, the engineer's report must
|
|
include a summary of the proposed expenditures of the bond
|
|
proceeds]. |
|
(d) The district must hold an election in the manner |
|
provided by Chapters 49 and 51, Water Code, to obtain voter approval |
|
before the district may impose an ad valorem tax or issue bonds |
|
payable from ad valorem taxes. |
|
(e) The district may exercise any of the rights or powers |
|
granted to the governing body of an issuer under Chapter 1371, |
|
Government Code. |
|
(f) This section is wholly sufficient authority for the |
|
issuance of bonds, the pledge of revenues, taxes, or any |
|
combination of revenues and taxes, and the performance of other |
|
acts and procedures authorized by this section by the district |
|
without reference to any other provision of law or any restriction |
|
or limitation contained in those provisions, except as specifically |
|
provided by this section. |
|
(g) To the extent of any conflict or inconsistency between |
|
this section and any other law, this section controls. |
|
(h) The district may use any law not in conflict with this |
|
section to the extent convenient or necessary to carry out any power |
|
or authority, express or implied, granted by this section. |
|
SECTION 2. The changes in law made by this Act apply only to |
|
a bond issued by the Bell County Water Control and Improvement |
|
District No. 1 on or after the effective date of this Act. A bond |
|
issued by the Bell County Water Control and Improvement District |
|
No. 1 before the effective date of this Act is governed by the law as |
|
it existed immediately before the effective date of this Act, and |
|
that law is continued in effect for that purpose. |
|
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, 2011. |