Bill Text: TX SB2192 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the powers and duties of the Lancaster Municipal Utility District No. 1 of Dallas County, Texas; providing authority to issue bonds and impose fees and taxes.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2021-04-30 - Recommendations filed with the Senate [SB2192 Detail]
Download: Texas-2021-SB2192-Introduced.html
| 87R10239 MP-D | ||
| By: West | S.B. No. 2192 | |
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| relating to the powers and duties of the Lancaster Municipal | ||
| Utility District No. 1 of Dallas County, Texas; providing authority | ||
| to issue bonds and impose fees and taxes. | ||
| 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 7934A to read as follows: | ||
| CHAPTER 7934A. LANCASTER MUNICIPAL UTILITY DISTRICT NO. 1 OF | ||
| DALLAS COUNTY, TEXAS | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 7934A.0101. DEFINITION. In this chapter, "district" | ||
| means the Lancaster Municipal Utility District No. 1 of Dallas | ||
| County, Texas. | ||
| Sec. 7934A.0102. NATURE AND PURPOSES OF DISTRICT. The | ||
| district is a municipal utility district in Dallas County created | ||
| under and essential to accomplish the purposes of Section 52, | ||
| Article III, and Section 59, Article XVI, Texas Constitution. | ||
| SUBCHAPTER B. POWERS AND DUTIES | ||
| Sec. 7934A.0201. DEFINED AREAS. (a) Notwithstanding the | ||
| limitation on authorization based on acreage under Section | ||
| 54.801(a), Water Code, the district may establish and administer | ||
| defined areas as provided by Subchapter J, Chapter 54, Water Code. | ||
| (b) Under Section 52, Article III, Texas Constitution, the | ||
| district may construct, acquire, improve, maintain, or operate in a | ||
| defined area established under this section: | ||
| (1) macadamized, graveled, or paved roads; or | ||
| (2) improvements, including storm drainage, in aid of | ||
| those roads. | ||
| (c) The district may issue bonds or other obligations as | ||
| provided by Chapters 49 and 53, Water Code, to finance the | ||
| construction, acquisition, improvement, maintenance, or operation | ||
| of projects under Subsection (b). | ||
| (d) The district may impose an ad valorem tax on real | ||
| property in a defined area to pay the principal of or interest on | ||
| bonds issued under Subsection (c) to finance projects benefiting | ||
| the defined area. | ||
| (e) The district may not issue bonds or other obligations | ||
| secured wholly or partly by ad valorem taxes to finance a project | ||
| authorized by Subsection (b) unless the issuance is approved by a | ||
| vote of a two-thirds majority of the voters of the defined area to | ||
| be benefited by the project as provided by Subchapter J, Chapter 54, | ||
| Water Code, voting at an election called for that purpose. | ||
| (f) At the time of issuance, the total principal amount of | ||
| bonds or other obligations issued or incurred to finance projects | ||
| authorized by Subsection (b) benefiting a defined area may not | ||
| exceed one-fourth of the assessed value of the real property in the | ||
| defined area. | ||
| Sec. 7934A.0202. LIMITATION ON USE OF EMINENT DOMAIN. The | ||
| district may not exercise the power of eminent domain outside the | ||
| district to acquire a site or easement for a road project authorized | ||
| by Section 7934A.0201. | ||
| SECTION 2. The Lancaster Municipal Utility District No. 1 | ||
| of Dallas County, Texas, 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 Lancaster Municipal | ||
| Utility District No. 1 of Dallas County, Texas, 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, 2021. | ||
