Bill Text: TX HB4270 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the Anthem Municipal Utility District; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2017-06-12 - Effective immediately [HB4270 Detail]
Download: Texas-2017-HB4270-Enrolled.html
H.B. No. 4270 |
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relating to the Anthem Municipal Utility District; providing | ||
authority to issue bonds; providing authority to impose | ||
assessments, fees, and taxes. | ||
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 7979 to read as follows: | ||
CHAPTER 7979. ANTHEM MUNICIPAL UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7979.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Director" means a board member. | ||
(4) "District" means the Anthem Municipal Utility | ||
District. | ||
Sec. 7979.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7979.003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) | ||
The district is created to serve a public purpose and benefit. | ||
(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 and landscaping, in aid of | ||
those roads. | ||
SUBCHAPTER B. POWERS AND DUTIES | ||
Sec. 7979.051. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7979.052. 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. 7979.053. 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 and landscaping, in aid of | ||
those roads. | ||
Sec. 7979.054. 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. 7979.055. STRATEGIC PARTNERSHIP AGREEMENT. The | ||
district may negotiate and enter into a written strategic | ||
partnership agreement with: | ||
(1) a municipality under Section 43.0751, Local | ||
Government Code; and | ||
(2) a municipality that provides water and wastewater | ||
services to the district. | ||
SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7979.101. ELECTIONS REGARDING TAXES OR BONDS. (a) The | ||
district may issue, without an election, bonds and other | ||
obligations secured by: | ||
(1) revenue other than ad valorem taxes; or | ||
(2) contract payments described by Section 7979.103. | ||
(b) The district must hold an election in the manner | ||
provided by Chapters 49 and 54, Water Code, to obtain voter approval | ||
before the district may impose an ad valorem tax or issue bonds | ||
payable from ad valorem taxes. | ||
(c) 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. | ||
Sec. 7979.102. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7979.101, the district | ||
may impose an operation and maintenance tax on taxable property in | ||
the district in accordance with Section 49.107, Water Code. | ||
(b) The board shall determine the tax rate. The rate may not | ||
exceed the rate approved at the election. | ||
Sec. 7979.103. CONTRACT TAXES. (a) In accordance with | ||
Section 49.108, Water Code, the district may impose a tax other than | ||
an operation and maintenance tax and use the revenue derived from | ||
the tax to make payments under a contract after the provisions of | ||
the contract have been approved by a majority of the district voters | ||
voting at an election held for that purpose. | ||
(b) A contract approved by the district voters may contain a | ||
provision stating that the contract may be modified or amended by | ||
the board without further voter approval. | ||
SUBCHAPTER D. ASSESSMENTS; APPLICABILITY OF IMPACT FEES AND | ||
ASSESSMENTS | ||
Sec. 7979.151. PETITION REQUIRED FOR FINANCING | ||
RECREATIONAL FACILITIES, IMPROVEMENTS, AND SERVICES WITH | ||
ASSESSMENTS. (a) The board may finance the construction or | ||
maintenance of a recreational facility or improvement or finance | ||
the provision of a recreational service with assessments on | ||
commercial or residential property, or both, under this subchapter, | ||
but only if: | ||
(1) a written petition requesting that facility, | ||
improvement, or service has been filed with the board; and | ||
(2) the board holds a hearing on the proposed | ||
assessments. | ||
(b) The petition must be signed by the owners of a majority | ||
of the assessed value of real property in the district subject to | ||
assessment according to the most recent certified tax appraisal | ||
roll for the county. | ||
Sec. 7979.152. METHOD OF NOTICE FOR HEARING. The district | ||
shall mail notice of the hearing to each property owner in the | ||
district who will be subject to the assessment at the current | ||
address to be assessed as reflected on the tax rolls. The district | ||
may mail the notice by certified or first class United States mail. | ||
The board shall determine the method of notice. | ||
Sec. 7979.153. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) An | ||
assessment or a reassessment imposed under this subchapter by the | ||
district, penalties and interest on an assessment or reassessment, | ||
an expense of collection, and reasonable attorney's fees incurred | ||
by the district: | ||
(1) are a first and prior lien against the property | ||
assessed; | ||
(2) are superior to any other lien or claim other than | ||
a lien or claim for county, school district, or municipal ad valorem | ||
taxes; and | ||
(3) are the personal liability of and a charge against | ||
the owners of the property even if the owners are not named in the | ||
assessment proceedings. | ||
(b) The lien is effective from the date of the board's | ||
resolution imposing the assessment until the date the assessment is | ||
paid. The board may enforce the lien in the same manner that the | ||
board may enforce an ad valorem tax lien against real property. | ||
(c) The board may make a correction to or deletion from the | ||
assessment roll that does not increase the amount of assessment of | ||
any parcel of land without providing notice and holding a hearing in | ||
the manner required for additional assessments. | ||
Sec. 7979.154. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND | ||
ASSESSMENTS. The district may not impose an impact fee or | ||
assessment on the property, including the equipment, | ||
rights-of-way, facilities, or improvements, of: | ||
(1) an electric utility or a power generation company | ||
as defined by Section 31.002, Utilities Code; | ||
(2) a gas utility as defined by Section 101.003 or | ||
121.001, Utilities Code; | ||
(3) a telecommunications provider as defined by | ||
Section 51.002, Utilities Code; or | ||
(4) a person who provides to the public cable | ||
television or advanced telecommunications services. | ||
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS | ||
Sec. 7979.201. AUTHORITY TO ISSUE BONDS AND OTHER | ||
OBLIGATIONS. The district may issue bonds or other obligations | ||
payable wholly or partly from ad valorem taxes, impact fees, | ||
revenue, contract payments, grants, or other district money, or any | ||
combination of those sources, to pay for any authorized district | ||
purpose. | ||
Sec. 7979.202. 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 as required and in the manner | ||
provided by Sections 54.601 and 54.602, Water Code. | ||
Sec. 7979.203. BONDS FOR ROAD PROJECTS. 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) All governmental and proprietary actions | ||
and proceedings of the Anthem Municipal Utility District taken | ||
before the effective date of this Act are validated, ratified, and | ||
confirmed in all respects as of the dates on which they occurred. | ||
(b) This section does not apply to any matter that on the | ||
effective date of this Act: | ||
(1) is involved in litigation if the litigation | ||
ultimately results in the matter being held invalid by a final court | ||
judgment; or | ||
(2) has been held invalid by a final court judgment. | ||
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. 4270 was passed by the House on May | ||
19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4270 was passed by the Senate on May | ||
24, 2017, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |