Bill Text: TX HB3888 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the powers of the Fort Bend County Municipal Utility District No. 188, including powers related to the construction, operation, and financing of roads; providing authority to issue bonds and impose a tax.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-17 - Left pending in committee [HB3888 Detail]
Download: Texas-2013-HB3888-Introduced.html
83R8066 SGA-F | ||
By: Zerwas | H.B. No. 3888 |
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relating to the powers of the Fort Bend County Municipal Utility | ||
District No. 188, including powers related to the construction, | ||
operation, and financing of roads; providing authority to issue | ||
bonds and impose a tax. | ||
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 8470 to read as follows: | ||
CHAPTER 8470. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 188 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8470.001. DEFINITION. In this chapter, "district" | ||
means the Fort Bend County Municipal Utility District No. 188. | ||
Sec. 8470.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district in Fort Bend County created under and | ||
essential to accomplish the purposes of Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8470.003. APPLICABILITY OF OTHER LAW. Except as | ||
otherwise provided by this chapter, the following laws apply to the | ||
district: | ||
(1) Chapters 49 and 54, Water Code, including | ||
Subchapter J, Chapter 54, Water Code; and | ||
(2) Section 52(b)(3), Article III, Texas | ||
Constitution. | ||
SUBCHAPTER B. ADDITIONAL POWERS AND DUTIES | ||
Sec. 8470.051. 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, or paved roads, or | ||
improvements, including storm drainage, in aid of those roads. | ||
Sec. 8470.052. 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. 8470.053. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE | ||
OR RESOLUTION. The district shall comply with all applicable | ||
requirements of any ordinance or resolution adopted by the | ||
governing body of the municipality that consents to the creation of | ||
the district or to the inclusion of land in the district. | ||
SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8470.101. TAX TO REPAY BONDS FOR ROAD PROJECTS. The | ||
district may impose a tax to pay the principal of or interest on | ||
bonds issued under Section 8470.151. | ||
SUBCHAPTER D. BONDS | ||
Sec. 8470.151. AUTHORITY TO ISSUE BONDS FOR ROAD PROJECTS. | ||
(a) The district may issue bonds or other obligations as provided | ||
by Chapters 49 and 54, Water Code, to finance the construction, | ||
maintenance, or operation of projects under Section 8470.051. | ||
(b) The district may not issue bonds or other obligations | ||
secured wholly or partly by ad valorem taxation to finance projects | ||
authorized by Section 8470.051 unless the issuance is approved by a | ||
vote of a two-thirds majority of the voters of the district or of | ||
the defined area to be benefited by the project as provided by | ||
Subchapter J, Chapter 54, Water Code, voting at an election called | ||
for that purpose. The simple majority vote approval required by | ||
Section 54.808(a), Water Code, does not apply to an election under | ||
this subsection. | ||
(c) Bonds or other obligations issued or incurred to finance | ||
projects authorized by Section 8470.051 may not exceed one-fourth | ||
of the assessed value of the real property in the district or the | ||
defined area, if applicable. | ||
SECTION 2. (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 3. This Act takes effect September 1, 2013. |