Bill Text: TX HB1207 | 2017-2018 | 85th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the powers and duties of the Kaufman County Fresh Water Supply District No. 1-A; providing authority to issue bonds and levy assessments.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Enrolled - Dead) 2017-06-15 - Effective immediately [HB1207 Detail]

Download: Texas-2017-HB1207-Introduced.html
  85R4259 AAF-F
 
  By: Gooden H.B. No. 1207
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the powers and duties of the Kaufman County Fresh Water
  Supply District No. 1-A; providing authority to issue bonds, impose
  a tax, and levy assessments for roadway purposes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle B, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 6916 to read as follows:
  CHAPTER 6916. KAUFMAN COUNTY FRESH WATER SUPPLY DISTRICT NO. 1-A
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 6916.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Kaufman County Fresh Water
  Supply District No. 1-A.
         Sec. 6916.002.  NATURE OF DISTRICT. The district is a fresh
  water supply district created under and essential to accomplish the
  purposes of Section 52, Article III, and Section 59, Article XVI,
  Texas Constitution.
         Sec. 6916.003.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
  The district is created to serve a public use and benefit.
         (b)  All land and other property included in the district
  will benefit from the improvements and services to be provided by
  the district under powers conferred by Sections 52 and 52-a,
  Article III, and Section 59, Article XVI, Texas Constitution, and
  other powers granted under this chapter.
         (c)  The creation of the district is in the public interest
  and is essential to further the public purposes of:
               (1)  developing and diversifying the economy of the
  state;
               (2)  eliminating unemployment and underemployment; and
               (3)  developing or expanding transportation and
  commerce.
         (d)  The district will:
               (1)  promote the health, safety, and general welfare of
  residents, employers, potential employees, employees, visitors,
  and consumers in the district, and of the public;
               (2)  provide needed funding for the district to
  preserve, maintain, and enhance the economic health and vitality of
  the district territory as a community and business center; and
               (3)  promote the health, safety, welfare, and enjoyment
  of the public by providing pedestrian ways and by landscaping and
  developing certain areas in the district, which are necessary for
  the restoration, preservation, and enhancement of scenic beauty.
         (e)  Pedestrian ways along or across a street, whether at
  grade or above or below the surface, and street lighting, street
  landscaping, vehicle parking, and street art objects are parts of
  and necessary components of a street and are considered to be an
  improvement project that includes a street or road improvement.
         Sec. 6916.004.  APPLICABILITY OF OTHER LAW. Except as
  otherwise provided by this chapter, the following laws apply to the
  district:
               (1)  Chapters 49, 51, and 53, Water Code;
               (2)  Chapters 372 and 375, Local Government Code; and
               (3)  Chapter 257, Transportation Code, and other
  general laws applicable to road districts created under Section 52,
  Article III, Texas Constitution, to the extent those provisions can
  apply to the district.
         Sec. 6916.005.  PROHIBITION AGAINST IMPAIRMENT OF DISTRICT.
  A county in which the district is located or a municipality in whose
  extraterritorial jurisdiction the district is located may not take
  any action, including adopting an order, ordinance, or resolution,
  that:
               (1)  impairs the district's ability to exercise the
  district's powers under this chapter; or
               (2)  limits the district's ability to finance,
  construct, or operate the district's water, wastewater, drainage,
  or road systems.
  SUBCHAPTER B.  POWERS AND DUTIES
         Sec. 6916.051.  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, concreted, or
  paved roads, or improvements in aid of or incidental to those roads,
  including:
               (1)  bridges;
               (2)  drainage;
               (3)  landscaping;
               (4)  lights, signs, and signals;
               (5)  public safety facilities;
               (6)  retaining walls; and
               (7)  pedestrian ways, sidewalks, and trails.
         Sec. 6916.052.  JOINT ROAD PROJECTS.  (a)  A district may
  contract with a state agency, political subdivision, or corporation
  created under Chapter 431, Transportation Code, for a joint road
  project.
         (b)  The contract may:
               (1)  provide for joint payment of project costs; and
               (2)  require the state agency, political subdivision,
  or corporation to design, construct, or improve a project,
  including landscaping, as provided by the contract.
         Sec. 6916.053.  EXEMPTION FROM CERTAIN SUPERVISION AND
  APPROVAL REQUIREMENTS.  (a)  The district may reimburse
  expenditures as provided by Sections 257.003(a) and (b),
  Transportation Code, without the approval required by Section
  257.003(c), Transportation Code.
         (b)  The district may reimburse expenditures for a project
  constructed or acquired under Section 6916.051 or 6916.052 without
  the approval required by Section 49.107(f), Water Code.
         (c)  Sections 49.181 and 49.182, Water Code, and Section
  375.208, Local Government Code, do not apply to:
               (1)  a project authorized by Section 6916.051 or
  6916.052; 
               (2)  bonds issued for a project described by
  Subdivision (1); 
               (3)  bonds issued by the district secured by assessment
  revenue; or
               (4)  bonds issued under Chapters 372 and 375, Local
  Government Code.
         Sec. 6916.054.  ROAD CONTRACTS.  The district may enter into
  a contract for a road project in the same manner as a road district
  under Chapter 257, Transportation Code, except that competitive
  bidding for a road project contract is governed by Subchapter I,
  Chapter 49, Water Code.
         Sec. 6916.055.  DIVISION OF DISTRICT. (a) The district may
  be divided into two or more new districts by election only if the
  district:
               (1)  has no outstanding bonded debt; and
               (2)  is not imposing ad valorem taxes.
         (b)  The division procedure is prescribed by Sections 53.030
  through 53.041, Water Code.
         (c)  A new district created by the division of the district
  has all the powers and duties of the district.
  SUBCHAPTER C.  GENERAL FINANCIAL PROVISIONS
         Sec. 6916.101.  ASSESSMENTS.  (a)  The district may impose an
  assessment on property in the district to pay for an improvement
  project authorized by Section 6916.051 or 6916.052 or an obligation
  described by Section 6916.151 in the manner provided for:
               (1)  a district under Subchapters A, E, and F, Chapter
  375, Local Government Code; or
               (2)  a municipality or county under Subchapter A,
  Chapter 372, Local Government Code.
         (b)  The district may impose an assessment for any district
  operation and maintenance or authorized improvement or
  supplemental service, including public safety services, in the
  manner provided for:
               (1)  a district under Subchapters A, E, and F, Chapter
  375, Local Government Code; or
               (2)  a municipality or county under Subchapter A,
  Chapter 372, Local Government Code.
         (c)  The district may not impose an assessment on a
  municipality, county, or other political subdivision.
         Sec. 6916.102.  RESIDENTIAL PROPERTY NOT EXEMPT. Section
  375.161, Local Government Code, does not apply to the district.
  SUBCHAPTER D. BONDS
         Sec. 6916.151.  AUTHORITY TO ISSUE BONDS AND OTHER
  OBLIGATIONS. (a) Subject to Subsections (c) and (d), the district
  may issue bonds or other obligations to finance the construction,
  maintenance, or operation of road projects authorized by Section
  6916.051 or 6916.052.
         (b)  The district may issue by competitive bidding or
  negotiated sale bonds or other obligations payable wholly or partly
  from ad valorem taxes, assessments, impact fees, revenue, contract
  revenue, grants, or other district money, or any combination of
  those sources, to pay for a road project.
         (c)  The district may not issue bonds or other obligations
  payable wholly or partly 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.
         (d)  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.
         SECTION 2.  (a)  The following are validated and confirmed in
  all respects:
               (1)  the creation of the Kaufman County Fresh Water
  Supply District No. 1-A; and
               (2)  any act or proceeding of the district, including
  an election, not excepted by this section and taken not more than
  three years before the effective date of this Act, effective as of
  the date on which the act or proceeding occurred.
         (b)  This section does not apply to:
               (1)  an act, proceeding, director, other official,
  bond, or other obligation the validity of which or of whom is the
  subject of litigation that is pending on the effective date of this
  Act; or
               (2)  an act or proceeding that, under a statute of this
  state or the United States, was a misdemeanor or felony at the time
  the act or proceeding occurred.
         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, 2017.
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