Bill Text: TX SB606 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the powers and duties of the Harris County Municipal Utility District No. 457; providing authority to impose a tax and issue bonds.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [SB606 Detail]
Download: Texas-2013-SB606-Enrolled.html
| S.B. No. 606 | ||
| relating to the powers and duties of the Harris County Municipal | ||
| Utility District No. 457; 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 8439 to read as follows: | ||
| CHAPTER 8439. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 457 | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8439.001. DEFINITION. In this chapter, "district" | ||
| means the Harris County Municipal Utility District No. 457. | ||
| Sec. 8439.002. 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. 8439.051. GENERAL POWERS AND DUTIES. The district has | ||
| the powers and duties necessary to accomplish the purposes for | ||
| which the district is created. | ||
| Sec. 8439.052. 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. 8439.053. 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. 8439.054. 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. | ||
| SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS | ||
| Sec. 8439.101. 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 8439.053. | ||
| (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. 8439.102. TAXES FOR BONDS. At the time the district | ||
| issues bonds payable wholly or partly from ad valorem taxes, the | ||
| board of 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 2. Harris County Municipal Utility District No. 457 | ||
| retains all rights, powers, privileges, authorities, duties, and | ||
| functions that it had before the effective date of this Act. | ||
| SECTION 3. (a) The legislature validates and confirms all | ||
| governmental acts and proceedings of the Harris County Municipal | ||
| Utility District No. 457 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 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, 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 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, 2013. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 606 passed the Senate on | ||
| March 27, 2013, by the following vote: Yeas 30, Nays 0. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 606 passed the House on | ||
| May 20, 2013, by the following vote: Yeas 147, Nays 0, two | ||
| present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
