Bill Text: TX HB4654 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the board of directors and powers and duties of the East Montgomery County Municipal Utility District No. 12; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-05-24 - Effective immediately [HB4654 Detail]
Download: Texas-2019-HB4654-Enrolled.html
H.B. No. 4654 |
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relating to the board of directors and powers and duties of the East | ||
Montgomery County Municipal Utility District No. 12; 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. Section 8116.002, Special District Local Laws | ||
Code, is amended to read as follows: | ||
Sec. 8116.002. NATURE AND PURPOSES OF DISTRICT. (a) The | ||
district is [ |
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created to serve a public purpose and benefit [ |
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(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. | ||
SECTION 2. Section 8116.051(b), Special District Local Laws | ||
Code, is amended to read as follows: | ||
(b) Except as provided by Section 8116.053, directors | ||
[ |
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SECTION 3. Subchapter B, Chapter 8116, Special District | ||
Local Laws Code, is amended by adding Section 8116.053 to read as | ||
follows: | ||
Sec. 8116.053. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) Larry Williams; | ||
(2) Rachel Maybray; | ||
(3) Michael Others; | ||
(4) Virginia French; and | ||
(5) Valerie Mullan. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected at an | ||
election held under Section 49.102, Water Code; or | ||
(2) the fourth anniversary of the effective date of | ||
the Act enacting this section. | ||
(c) If permanent directors have not been elected at an | ||
election held under Section 49.102, Water Code, 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 at an | ||
election held under Section 49.102, Water Code; 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 Texas Commission on Environmental | ||
Quality requesting that the commission appoint as successor | ||
temporary directors the five persons named in the petition. The | ||
Texas Commission on Environmental Quality shall appoint as | ||
successor temporary directors the five persons named in the | ||
petition. | ||
SECTION 4. Subchapter C, Chapter 8116, Special District | ||
Local Laws Code, is amended by adding Sections 8116.104, 8116.105, | ||
8116.106, and 8116.107 to read as follows: | ||
Sec. 8116.104. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8116.105. 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. 8116.106. 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. 8116.107. 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. | ||
SECTION 5. Chapter 8116, Special District Local Laws Code, | ||
is amended by adding Subchapters D and E to read as follows: | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8116.151. 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 8116.153. | ||
(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. 8116.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8116.151, 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. 8116.153. 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. 8116.201. 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. 8116.202. 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. 8116.203. 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 6. The following provisions of the Special District | ||
Local Laws Code are repealed: | ||
(1) Subchapter A1, Chapter 8116; and | ||
(2) Section 8116.052. | ||
SECTION 7. The East Montgomery County Municipal Utility | ||
District No. 12 retains all the rights, powers, privileges, | ||
authority, duties, and functions that it had before the effective | ||
date of this Act. | ||
SECTION 8. (a) The legislature validates and confirms all | ||
governmental acts and proceedings of the East Montgomery County | ||
Municipal Utility District No. 12 that were taken before the | ||
effective date of this Act. | ||
(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 9. (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 10. 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, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4654 was passed by the House on April | ||
26, 2019, by the following vote: Yeas 124, Nays 15, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4654 was passed by the Senate on May | ||
10, 2019, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |