Bill Text: TX SB2292 | 2017-2018 | 85th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the powers and duties of the Meyer Ranch Municipal Utility District of Comal County; affecting an existing limited power of eminent domain; providing authority to issue bonds; providing authority to impose fees and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2017-06-12 - Effective immediately [SB2292 Detail]
Download: Texas-2017-SB2292-Comm_Sub.html
Bill Title: Relating to the powers and duties of the Meyer Ranch Municipal Utility District of Comal County; affecting an existing limited power of eminent domain; providing authority to issue bonds; providing authority to impose fees and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2017-06-12 - Effective immediately [SB2292 Detail]
Download: Texas-2017-SB2292-Comm_Sub.html
By: Campbell | S.B. No. 2292 | |
(In the Senate - Filed May 2, 2017; May 3, 2017, read first | ||
time and referred to Committee on Veteran Affairs and Border | ||
Security; May 11, 2017, reported favorably by the following vote: | ||
Yeas 6, Nays 0; May 11, 2017, sent to printer.) | ||
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relating to the powers and duties of the Meyer Ranch Municipal | ||
Utility District of Comal County; affecting an existing limited | ||
power of eminent domain; 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 F, Title 6, Special District Local Laws | ||
Code, is amended by adding Chapter 7989 to read as follows: | ||
CHAPTER 7989. MEYER RANCH MUNICIPAL UTILITY DISTRICT OF COMAL | ||
COUNTY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7989.001. DEFINITION. In this chapter, "district" | ||
means the Meyer Ranch Municipal Utility District of Comal County. | ||
Sec. 7989.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7989.003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. | ||
(a) The district is created to serve a public purpose and benefit. | ||
(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. | ||
SUBCHAPTER B. POWERS AND DUTIES | ||
Sec. 7989.051. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7989.052. 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. 7989.053. 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. 7989.054. 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. 7989.055. LIMITATION ON USE OF EMINENT DOMAIN. | ||
(a) The district may not exercise the power of eminent domain | ||
outside the boundaries of the district for any purpose unless the | ||
proposed exercise is approved by a written resolution of the | ||
commissioners court of each county in which the district is | ||
located. | ||
(b) The district may not exercise the power of eminent | ||
domain before the entire board of directors is composed of | ||
directors elected by the residents of the district. | ||
Sec. 7989.056. COMPLIANCE WITH MARCH 2016 AGREEMENT. On | ||
the date the district becomes a permittee under Texas Pollutant | ||
Discharge Elimination System Permit No. WQ0015314001, the district | ||
shall exercise any power necessary to comply with all applicable | ||
terms of the "Settlement Agreement" of March 29, 2016, between | ||
Randolph Todd Company, LLC and: | ||
(1) Patricia and Troy Brand; | ||
(2) Ellen McClellan; | ||
(3) Edward Harris; | ||
(4) Phyllis Yvonne Ritter; | ||
(5) Carole Farmer; | ||
(6) Nelda and Ronald Davis; | ||
(7) Susan Dooley Logue; | ||
(8) Randall and Nancy Pappas; | ||
(9) Daniel and Michele Laroe; | ||
(10) Elizabeth Martin; | ||
(11) Ted Martin; | ||
(12) Taylor Martin; | ||
(13) Hector X. Amaya; | ||
(14) Sabrina Houser-Amaya; | ||
(15) Franklin Houser; and | ||
(16) Bonnie Houser. | ||
SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS | ||
Sec. 7989.101. AUTHORITY TO ISSUE BONDS AND OTHER | ||
OBLIGATIONS. (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 7989.053. | ||
(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. | ||
Sec. 7989.102. 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 as required and in the manner | ||
provided by Sections 54.601 and 54.602, Water Code. | ||
Sec. 7989.103. 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 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, 2017. | ||
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