Bill Text: TX HB935 | 2013-2014 | 83rd Legislature | Introduced


Bill Title: Relating to the powers and duties of the Willow Point Municipal Utility District of Fort Bend and Waller Counties; providing authority to impose a tax and issue bonds.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-03-27 - Left pending in committee [HB935 Detail]

Download: Texas-2013-HB935-Introduced.html
  83R2011 AED-F
 
  By: Zerwas H.B. No. 935
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the powers and duties of the Willow Point Municipal
  Utility District of Fort Bend and Waller Counties; providing
  authority to impose a tax and issue bonds.
         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 8413 to read as follows:
  CHAPTER 8413.  WILLOW POINT MUNICIPAL UTILITY DISTRICT OF
  FORT BEND AND WALLER COUNTIES
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8413.001.  DEFINITION.  In this chapter, "district" 
  means the Willow Point Municipal Utility District of Fort Bend and
  Waller Counties.
         Sec. 8413.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district in Fort Bend and Waller Counties created
  under and essential to accomplish the purposes of Section 52(b)(3),
  Article III, or Section 59, Article XVI, Texas Constitution.
         Sec. 8413.003.  APPLICABILITY OF OTHER LAW.  Except as
  otherwise provided by this chapter, Chapters 49 and 54, Water Code,
  apply to the district.
  [Sections 8413.004-8413.050 reserved for expansion]
  SUBCHAPTER B.  POWERS AND DUTIES
         Sec. 8413.051.  ROAD PROJECTS. (a)  The district may
  construct, acquire, improve, maintain, or operate macadamized,
  graveled, or paved roads or turnpikes, or improvements in aid of
  those roads or turnpikes, inside the district.
         (b)  A road project must meet all applicable construction
  standards, zoning and subdivision requirements, and regulations
  of:
               (1)  each municipality in whose corporate limits or
  extraterritorial jurisdiction the district is located; and
               (2)  each county in which the district is located.
         (c)  The district may not undertake a road project unless
  each municipality in whose corporate limits or extraterritorial
  jurisdiction the district is located consents by resolution.
         Sec. 8413.052.  COMPLIANCE WITH MUNICIPAL CONSENT
  RESOLUTIONS. The district shall comply with all applicable
  requirements of any resolution, adopted by the governing body of a
  municipality, that consented to the creation of the district or to
  the inclusion of land in the district.
  [Sections 8413.053-8413.100 reserved for expansion]
  SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
         Sec. 8413.101.  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 8413.151.
  [Sections 8413.102-8413.150 reserved for expansion]
  SUBCHAPTER D.  BONDS
         Sec. 8413.151.  AUTHORITY TO ISSUE BONDS AND OTHER
  OBLIGATIONS 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 8413.051.
         (b)  The district may not issue bonds or other obligations
  secured wholly or partly by ad valorem taxation to finance projects
  authorized by Section 8413.051 unless the issuance is approved by a
  vote of a two-thirds majority of the voters in the district or of
  the defined areas 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 8413.051 may not exceed one-fourth
  of the assessed value of the real property in the district or the
  defined area as provided by Subchapter J, Chapter 54, 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.  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, 2013.
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