Bill Text: TX HB4336 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to the creation of the Greenshores Fresh Water Supply District; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-05-24 - Recommendations filed with the Speaker [HB4336 Detail]

Download: Texas-2017-HB4336-Introduced.html

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85R19132 SLB-D
By: Workman H.B. No. 4336

A BILL TO BE ENTITLED
relating to the creation of the Greenshores Fresh Water Supply
District; granting a limited power of eminent domain; 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 B, Title 6, Special District Local Laws
Code, is amended by adding Chapter 6919 to read as follows:
CHAPTER 6919. GREENSHORES FRESH WATER SUPPLY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 6919.001. 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 Greenshores Fresh Water
Supply District.
Sec. 6919.002. NATURE OF DISTRICT. The district is a fresh
water supply district created under Section 59, Article XVI, Texas
Constitution.
Sec. 6919.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 6919.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 6919.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 6919.005. 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 a
fresh water supply district and a municipal utility district as
provided by general law and Section 59, Article XVI, Texas
Constitution.
Sec. 6919.006. INITIAL DISTRICT TERRITORY. The district is
initially composed of the territory covered by Certificate of
Convenience and Necessity No. 12407 as it existed on September 1,
2017.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 6919.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 6919.052, directors serve
staggered four-year terms.
Sec. 6919.052. TEMPORARY DIRECTORS. (a) On or after
September 1, 2017, the owner or owners of a majority of the assessed
value of the real property in the district may submit a petition to
the commission requesting that the commission appoint as temporary
directors the five persons named in the petition. The commission
shall appoint as temporary directors the five persons named in the
petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 6919.003; or
(2) September 1, 2021.
(c) If permanent directors have not been elected under
Section 6919.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 6919.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 6919.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 6919.102. FRESH WATER SUPPLY DISTRICT AND MUNICIPAL
UTILITY DISTRICT POWERS AND DUTIES. (a) The district has the
powers and duties provided by the general law of this state,
including Chapters 49, 54, and 56, Water Code, applicable to fresh
water supply districts and municipal utility districts created
under Section 59, Article XVI, Texas Constitution.
(b) In the event of a conflict of law between Chapters 54 and
56, Water Code, as those chapters apply to the district, Chapter 54
prevails.
Sec. 6919.103. USE OF DEFINED AREAS TO PROVIDE WASTEWATER
SERVICE. Notwithstanding Section 54.801, Water Code, the district
may create a defined area under Subchapter J, Chapter 54, Water
Code, for the purpose of providing wastewater service.
Sec. 6919.104. DEVELOPMENT AGREEMENT. (a) The district may
enter into a development agreement with the City of Austin
regarding the provision of water and wastewater services to
undeveloped areas of the district.
(b) A development agreement under this section shall
provide for the provision of the following to the areas affected by
the agreement:
(1) fire flow;
(2) an amount of water sufficient to allow for
residential watering in the summer months; and
(3) wastewater services in such a manner as to make
unnecessary the trucking of sewage from the Woods of Greenshores.
Sec. 6919.105. EFFECT OF ANNEXATION. Notwithstanding any
other law, if any portion of the territory of the district is
annexed by the City of Austin into the city's corporate limits, the
district:
(1) retains all of the district's outstanding debt and
obligations;
(2) is not dissolved; and
(3) continues to operate under this chapter.
Sec. 6919.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 6919.151. ELECTIONS REGARDING TAXES OR BONDS. 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.
Sec. 6919.152. OPERATION AND MAINTENANCE FUNDING. (a) The
district may not impose an operation and maintenance tax on taxable
property in the district.
(b) The district shall use revenue derived from the
provision of water and wastewater services to pay for the operation
and maintenance of the district.
Sec. 6919.153. 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 E. BONDS AND OTHER OBLIGATIONS
Sec. 6919.201. 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 capital improvements in
the district.
Sec. 6919.202. 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.
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. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
6919, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 6919.107 to read as follows:
Sec. 6919.107. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 4. This Act takes effect September 1, 2017.