Bill Text: TX HB1208 | 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-D; providing authority to issue bonds and levy assessments.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2017-06-15 - Effective immediately [HB1208 Detail]
Download: Texas-2017-HB1208-Introduced.html
Bill Title: Relating to the powers and duties of the Kaufman County Fresh Water Supply District No. 1-D; providing authority to issue bonds and levy assessments.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2017-06-15 - Effective immediately [HB1208 Detail]
Download: Texas-2017-HB1208-Introduced.html
85R4260 AAF-F | ||
By: Gooden | H.B. No. 1208 |
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relating to the powers and duties of the Kaufman County Fresh Water | ||
Supply District No. 1-D; 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 6917 to read as follows: | ||
CHAPTER 6917. KAUFMAN COUNTY FRESH WATER SUPPLY DISTRICT NO. 1-D | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 6917.001. 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-D. | ||
Sec. 6917.002. 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. 6917.003. 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. 6917.004. 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. 6917.005. 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. 6917.051. 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. 6917.052. 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. 6917.053. 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 6917.051 or 6917.052 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 6917.051 or | ||
6917.052; | ||
(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. 6917.054. 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. 6917.055. 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. 6917.101. ASSESSMENTS. (a) The district may impose an | ||
assessment on property in the district to pay for an improvement | ||
project authorized by Section 6917.051 or 6917.052 or an obligation | ||
described by Section 6917.151 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. 6917.102. RESIDENTIAL PROPERTY NOT EXEMPT. Section | ||
375.161, Local Government Code, does not apply to the district. | ||
SUBCHAPTER D. BONDS | ||
Sec. 6917.151. 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 | ||
6917.051 or 6917.052. | ||
(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-D; 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. |