Bill Text: TX HB995 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [HB995 Detail]
Download: Texas-2013-HB995-Introduced.html
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.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [HB995 Detail]
Download: Texas-2013-HB995-Introduced.html
83R4779 SGA-F | ||
By: Munoz, Jr. | H.B. No. 995 |
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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. |