Bill Text: TX HB995 | 2013-2014 | 83rd Legislature | Enrolled

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Bill Title: Relating to the powers and duties of the Hidalgo County Water Control and Improvement District No. 19; providing authority to issue bonds; providing authority to impose fees and taxes.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2013-06-14 - Effective immediately [HB995 Detail]

Download: Texas-2013-HB995-Enrolled.html

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H.B. No. 995

relating to the powers and duties of the Hidalgo County Water
Control and Improvement District No. 19; providing authority to
issue bonds; providing authority to impose fees and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle I, Title 6, Special District Local Laws
Code, is amended by adding Chapter 9044 to read as follows:
CHAPTER 9044. HIDALGO COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 19
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9044.001. DEFINITION. In this chapter, "district"
means the Hidalgo County Water Control and Improvement District No.
19.
Sec. 9044.002. NATURE AND PURPOSES OF DISTRICT. (a) The
district is a water control and improvement district created under
Section 59, Article XVI, Texas Constitution.
(b) The district is created to accomplish the purposes of:
(1) a water control and improvement 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.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 9044.051. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 9044.052. WATER CONTROL AND IMPROVEMENT DISTRICT
POWERS AND DUTIES. The district has the powers and duties provided
by the general law of this state, including Chapters 49 and 51,
Water Code, applicable to water control and improvement districts
created under Section 59, Article XVI, Texas Constitution.
Sec. 9044.053. 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, in aid of those roads.
Sec. 9044.054. 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. 9044.055. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the district as of the effective date of the Act enacting
this chapter.
(d) The district's board of directors, on its own motion or
on receipt of a petition signed by the owner or owners of a majority
of the assessed value of the real property in the district, may
adopt an order dividing the district.
(e) An order dividing the district must:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors serving staggered
four-year terms for each new district; and
(4) provide for the division of assets and liabilities
between or among the new districts.
(f) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the Texas Commission on Environmental Quality and record the
order in the real property records of each county in which the
district is located.
(g) A new district created by the division of the district
is not required to hold a confirmation election.
(h) The consent of a municipality or county is not required
for the creation of any new district under this section if the new
district's creation complies with Subsection (c).
(i) A new district created by the division of the district
must hold an election to obtain voter approval before the district
may impose a maintenance tax or issue bonds payable wholly or partly
from ad valorem taxes.
SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
Sec. 9044.101. 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,
impact fees, revenue, contract payments, grants, or other district
money, or any combination of those sources, to pay for a road
project authorized by Section 9044.053.
(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 real property in the district.
Sec. 9044.102. 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. The Hidalgo County Water Control and Improvement
District No. 19 retains all the rights, powers, privileges,
authority, duties, and functions that it had before the effective
date of this Act.
SECTION 3. (a) The legislature validates and confirms all
governmental acts and proceedings of the Hidalgo County Water
Control and Improvement District No. 19 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 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, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 995 was passed by the House on April
18, 2013, by the following vote: Yeas 143, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 995 was passed by the Senate on May
17, 2013, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor