Bill Text: TX HB2565 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the powers and duties of the Big Sky Municipal Utility District of Denton County and the Smiley Road Water Control and Improvement District; providing authority to issue bonds and impose fees and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2017-06-15 - Effective immediately [HB2565 Detail]
Download: Texas-2017-HB2565-Enrolled.html
H.B. No. 2565 |
relating to the powers and duties of the Big Sky Municipal Utility | ||
District of Denton County and the Smiley Road Water Control and | ||
Improvement District; providing authority to issue bonds and impose | ||
fees and taxes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. POWERS AND DUTIES OF THE BIG SKY MUNICIPAL UTILITY | ||
DISTRICT OF DENTON COUNTY | ||
SECTION 1.01. Subtitle F, Title 6, Special District Local | ||
Laws Code, is amended by adding Chapter 7973 to read as follows: | ||
CHAPTER 7973. BIG SKY MUNICIPAL UTILITY DISTRICT OF DENTON COUNTY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7973.001. DEFINITION. In this chapter, "district" | ||
means the Big Sky Municipal Utility District of Denton County. | ||
Sec. 7973.002. 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. 7973.051. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7973.052. 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. 7973.053. 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. 7973.054. ROAD STANDARDS AND REQUIREMENTS. (a) A road | ||
project must meet all applicable construction standards 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 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. 7973.055. FIREFIGHTING SERVICES. Notwithstanding | ||
Section 49.351(a), Water Code, the district may, as authorized by | ||
Section 59(f), Article XVI, Texas Constitution, and Section 49.351, | ||
Water Code: | ||
(1) establish, operate, and maintain a fire | ||
department; | ||
(2) contract with another political subdivision for | ||
the joint operation of a fire department; or | ||
(3) contract with any other person to perform | ||
firefighting services in the district and may issue bonds and | ||
impose taxes to pay for the department and the activities. | ||
Sec. 7973.056. FEES AND CHARGES. (a) The district may | ||
adopt and enforce all necessary charges, mandatory fees, or | ||
rentals, in addition to taxes, for providing or making available | ||
any district facility or service, including firefighting | ||
activities provided under Section 7973.055. | ||
(b) To enforce payment of an unpaid fee or charge due to the | ||
district, on the request of the district, a retail public utility, | ||
as defined by Section 13.002, Water Code, providing water or sewer | ||
service to a customer in the district shall terminate the service. | ||
SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS | ||
Sec. 7973.101. AUTHORITY TO ISSUE BONDS AND OTHER | ||
OBLIGATIONS FOR ROAD PROJECTS. (a) In addition to the district's | ||
authority to issue bonds for other purposes, the district may issue | ||
bonds or other obligations payable wholly or partly from ad valorem | ||
taxes, revenue, contract payments, grants, or other district money, | ||
or any combination of those sources, to pay for a road project | ||
authorized by Section 7973.053. | ||
(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. 7973.102. TAXES FOR BONDS. At the time the district | ||
issues bonds payable wholly or partly from ad valorem taxes, 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. | ||
SECTION 1.02. The Big Sky Municipal Utility District of | ||
Denton County retains all rights, powers, privileges, authority, | ||
duties, and functions that it had before the effective date of this | ||
article of this Act. | ||
SECTION 1.03. (a) The legal notice of the intention to | ||
introduce a bill relating to the powers and duties of the Big Sky | ||
Municipal Utility District, setting forth the general substance of | ||
this article of this Act, has been published as provided by law, and | ||
the notice and a copy of a bill relating to the powers and duties of | ||
the Big Sky Municipal Utility District 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 a bill relating to the powers and duties of | ||
the Big Sky Municipal Utility District to the Texas Commission on | ||
Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has filed | ||
its recommendations relating to this article of 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 article of this Act | ||
are fulfilled and accomplished. | ||
ARTICLE 2. POWERS AND DUTIES OF THE SMILEY ROAD WATER CONTROL AND | ||
IMPROVEMENT DISTRICT | ||
SECTION 2.01. Section 9001.104, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 9001.104. [ |
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The district may be divided into two or more 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) A new district created by the division of the district | ||
may not, at the time the new district is created, contain any land | ||
outside the area described by Section 9001.004. | ||
(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 shall: | ||
(1) name each new district; | ||
(2) include the metes and bounds of each new district; | ||
(3) appoint temporary directors for each new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between the district and each new district. | ||
(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) A new district may be created by the division of the | ||
district only if approved by the voters of the new district in a | ||
confirmation and directors' election held for that purpose. | ||
(h) If the district is located wholly or partly in the | ||
corporate limits or the extraterritorial jurisdiction of a | ||
municipality, the district may not divide under this section unless | ||
the municipality by resolution or ordinance consents to the | ||
division of the district. | ||
(i) Any new district created by the division of the district | ||
must hold an election to obtain voter approval before the district | ||
may impose a maintenance tax or issue bonds payable wholly or partly | ||
from ad valorem taxes. [ |
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SECTION 2.02. (a) The following are validated and | ||
confirmed in all respects: | ||
(1) the creation of the Smiley Road Water Control and | ||
Improvement District; 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. | ||
ARTICLE 3. EFFECTIVE DATE | ||
SECTION 3.01. 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. 2565 was passed by the House on May 4, | ||
2017, by the following vote: Yeas 141, Nays 2, 2 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 2565 on May 24, 2017, by the following vote: Yeas 130, Nays 15, | ||
3 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2565 was passed by the Senate, with | ||
amendments, on May 23, 2017, by the following vote: Yeas 29, Nays | ||
2. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |