Bill Text: TX HB1208 | 2017-2018 | 85th Legislature | Enrolled


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-Enrolled.html
 
 
  H.B. No. 1208
 
 
 
 
AN ACT
  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.
         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.
  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, including storm drainage, in aid of
  those roads.
         Sec. 6917.052.  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. 6917.053.  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. 6917.054.  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 6917.053 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
  6917.053;
               (2)  bonds issued for a project described by
  Subdivision (1); or
               (3)  bonds issued under Chapter 372, Local Government
  Code, as authorized by Section 6917.151(b).
         Sec. 6917.055.  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. 6917.056.  DIVISION OF DISTRICT.  (a)  The district may
  be divided into two or more new districts only if the district:
               (1)  has no outstanding bonded debt; and
               (2)  is not imposing ad valorem taxes.
         (b)  This chapter applies to any new district created by the
  division of the district, and a new district has all the powers and
  duties of the district.
         (c)  Any new district created by the division of the district
  may not, at the time the new district is created, contain any land
  outside the boundaries of the district as the boundaries exist on
  the effective date of the Act enacting this chapter.
         (d)  The board, on its own motion or on receipt of a petition
  signed by the owner or owners of a majority of the assessed value of
  the real property in the district, may adopt an order dividing the
  district.
         (e)  An order dividing the district must:
               (1)  name each new district;
               (2)  include the metes and bounds description of the
  territory of each new district;
               (3)  appoint temporary directors for each new district;
  and
               (4)  provide for the division of assets and liabilities
  between or among the new districts.
         (f)  On or before the 30th day after the date of adoption of
  an order dividing the district, the district shall file the order
  with the Texas Commission on Environmental Quality and record the
  order in the real property records of each county in which the
  district is located.
         (g)  Any new district created by the division of the district
  shall hold a confirmation and directors' election as required by
  Chapter 49, Water Code.
         (h)  If the creation of the new district is confirmed, the
  new district shall provide the election date and results to the
  Texas Commission on Environmental Quality.
         (i)  Any new district created by the division of the district
  must hold an election as required by this chapter to obtain voter
  approval before the district may impose a maintenance tax or issue
  bonds payable wholly or partly from ad valorem taxes.
  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 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 (e) and (f), the district
  may issue bonds or other obligations to finance the construction,
  maintenance, or operation of road projects authorized by Section
  6917.051 or 6917.053.
         (b)  The district may issue, by public or private sale,
  bonds, notes, or other obligations payable wholly or partly from
  assessments in the manner provided by:
               (1)  Subchapter J, Chapter 375, Local Government Code;
  or
               (2)  Subchapter A, Chapter 372, Local Government Code,
  if an improvement project financed by an obligation issued under
  this subsection will be conveyed to or operated and maintained by a
  municipality or retail utility provider under an agreement between
  the district and the municipality or retail utility provider
  entered into before the issuance of the obligation.
         (c)  The district may issue by competitive bidding or
  negotiated sale bonds or other obligations, payable wholly or
  partly from any available revenue of the district, to pay for an
  improvement project.
         (d)  The district may issue by competitive bidding or
  negotiated sale bonds or other obligations, payable wholly or
  partly from any available revenue of the district or contract
  revenue from another district that is secured by ad valorem taxes
  imposed by or other revenue from the other district, to pay for a
  joint utility or road project.
         (e)  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.
         (f)  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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1208 was passed by the House on May 9,
  2017, by the following vote:  Yeas 138, Nays 7, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1208 on May 24, 2017, by the following vote:  Yeas 119, Nays 22,
  3 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1208 was passed by the Senate, with
  amendments, on May 22, 2017, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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