Bill Text: TX SB2508 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the board of directors and powers and duties of the Harris County Municipal Utility District No. 436; providing authority to issue bonds; providing authority to impose fees and taxes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (N/A - Dead) 2019-04-03 - Referred to Intergovernmental Relations [SB2508 Detail]

Download: Texas-2019-SB2508-Introduced.html
  86R16346 GRM-F
 
  By: Kolkhorst S.B. No. 2508
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the board of directors and powers and duties of the
  Harris County Municipal Utility District No. 436; 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 8088 to read as follows:
  CHAPTER 8088.  HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 436
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8088.0101.  DEFINITIONS.  In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "District" means the Harris County Municipal
  Utility District No. 436.
         Sec. 8088.0102.  NATURE AND PURPOSES OF DISTRICT.  (a)  The
  district is a municipal utility district created under Section 59,
  Article XVI, Texas Constitution.
         (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. 8088.0201.  GENERAL POWERS AND DUTIES.  The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8088.0202.  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. 8088.0203.  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. 8088.0204.  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. 8088.0205.  DIVISION OF DISTRICT.  (a)  The district may
  be divided into two or more new districts only if the district:
               (1)  has never issued any bonds; 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 territory of the original district as it existed on
  January 1, 2019.
         (d)  The board, 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)  The board may adopt an order dividing the district
  before or after the date the board holds an election under Section
  49.102, Water Code, to confirm the district's creation.
         (f)  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 for each new district;
  and
               (4)  provide for the division of assets and liabilities
  between the new districts.
         (g)  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 commission and record the order in the real property
  records of each county in which the district is located.
         (h)  Any new district created by the division of the district
  shall hold a confirmation and directors' election as required by
  Section 49.102, Water Code.
         (i)  Municipal consent to the creation of the district and to
  the inclusion of land in the district granted under Section 54.016,
  Water Code, acts as municipal consent to the creation of any new
  district created by the division of the district and to the
  inclusion of land in the new district.
         (j)  Any new district created by the division of the district
  must hold an election as required by this chapter to obtain voter
  approval before the district may impose a maintenance tax or issue
  bonds payable wholly or partly from ad valorem taxes.
         (k)  If the creation of the new district is confirmed, the
  new district shall provide the election date and results to the
  commission.
  SUBCHAPTER C.  BONDS AND OTHER OBLIGATIONS
         Sec. 8088.0301.  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 8088.0203.
         (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 the real property in the
  district.
         Sec. 8088.0302.  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.
         SECTION 2.  The Harris County Municipal Utility District No.
  436 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 Harris County Municipal
  Utility District No. 436 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, 2019.
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