Bill Text: TX HB4197 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the powers and duties of the Pine Forest Municipal Utility District; providing authority to issue bonds and impose a tax.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-05-22 - Laid on the table subject to call [HB4197 Detail]
Download: Texas-2015-HB4197-Introduced.html
84R14025 SGA-F | ||
By: Riddle | H.B. No. 4197 |
|
||
|
||
relating to the powers and duties of the Pine Forest Municipal | ||
Utility District; providing authority to issue bonds and impose a | ||
tax. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 427, Acts of the 62nd Legislature, | ||
Regular Session, 1971, is amended by amending Sections 1 and 5 and | ||
adding Sections 1-a, 5-a, 5-b, 5-c, 5-d, 10, and 11 to read as | ||
follows: | ||
Sec. 1. DEFINITIONS. In this Act: | ||
(1) "Board" means the district's board of directors. | ||
(2) "District" means the Pine Forest Municipal Utility | ||
District. | ||
Sec. 1-a. NATURE AND PURPOSES OF DISTRICT. (a) The | ||
district is a municipal utility district in Harris County 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. | ||
[ |
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
|
||
Sec. 5. GENERAL POWERS AND DUTIES. The district has the | ||
powers and duties necessary to accomplish the purposes for which | ||
the district is created. | ||
Sec. 5-a. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. | ||
The district has [ |
||
|
||
duties provided [ |
||
this state [ |
||
Chapters 49 and [ |
||
[ |
||
|
||
|
||
|
||
Section 59, Article XVI, Texas Constitution [ |
||
|
||
|
||
|
||
Sec. 5-b. 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. 5-c. 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. 5-d. APPROVAL OF ROAD PROJECT. (a) The district may | ||
not undertake a road project authorized by Section 5-b of this Act | ||
unless: | ||
(1) each municipality or county that will operate and | ||
maintain the road has approved the plans and specifications of the | ||
road project, if a municipality or county will operate and maintain | ||
the road; or | ||
(2) the Texas Transportation Commission has approved | ||
the plans and specifications of the road project, if the state will | ||
operate and maintain the road. | ||
(b) Except as provided by Subsection (a) of this section, | ||
the district is not required to obtain approval from the Texas | ||
Transportation Commission to design, acquire, construct, finance, | ||
issue bonds for, improve, or convey a road project. | ||
Sec. 10. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS FOR | ||
ROAD PROJECTS. (a) 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 5-b. | ||
(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. 11. TAXES FOR BONDS. At the time the district issues | ||
bonds payable wholly or partly from ad valorem taxes, the board | ||
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 2. Sections 6, 7, 8, and 9, Chapter 427, Acts of the | ||
62nd Legislature, Regular Session, 1971, are repealed. | ||
SECTION 3. The Pine Forest Municipal Utility District | ||
retains all the rights, powers, privileges, authority, duties, and | ||
functions that it had before the effective date of this Act. | ||
SECTION 4. (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 5. 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, 2015. |