Bill Text: TX SB2520 | 2019-2020 | 86th Legislature | Comm Sub


Bill Title: Relating to the powers and duties of the Cy-Champ Public Utility District; providing authority to issue bonds; providing authority to impose a tax.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-05-10 - Recommendations filed with the Senate [SB2520 Detail]

Download: Texas-2019-SB2520-Comm_Sub.html
 
 
  By: Bettencourt  S.B. No. 2520
         (In the Senate - Filed April 3, 2019; April 4, 2019, read
  first time and referred to Committee on Intergovernmental
  Relations; April 25, 2019, reported favorably by the following
  vote:  Yeas 7, Nays 0; April 25, 2019, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the powers and duties of the Cy-Champ Public Utility
  District; providing authority to issue bonds; providing authority
  to impose a tax.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 8178.003(b) and (c), Special District
  Local Laws Code, are amended to read as follows:
         (b)  All land and other property included in the boundaries
  of the district will benefit from the works and projects
  accomplished by the district under the powers conferred by Section
  59, Article XVI, Texas Constitution, and Section 52, Article III,
  Texas Constitution.
         (c)  The creation of the district is essential 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.
         SECTION 2.  Subchapter C, Chapter 8178, Special District
  Local Laws Code, is amended by adding Sections 8178.102, 8178.103,
  8178.104, and 8178.105 to read as follows:
         Sec. 8178.102.  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. 8178.103.  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. 8178.104.  AUTHORITY TO ESTABLISH DEFINED AREAS.
  Notwithstanding the acreage requirement under Section 54.801(a),
  Water Code, the district may establish and administer defined areas
  as provided by Subchapter J, Chapter 54, Water Code.
         Sec. 8178.105.  ADDITION OR EXCLUSION OF LAND IN DEFINED
  AREA. The district may add or exclude land from the defined areas
  in the same manner the district may add or exclude land from the
  district.
         SECTION 3.  Chapter 8178, Special District Local Laws Code,
  is amended by adding Subchapter D to read as follows:
  SUBCHAPTER D.  BONDS AND OTHER OBLIGATIONS FOR ROAD PROJECTS
         Sec. 8178.151.  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 8178.102.
         (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
  outstanding 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. 8178.152.  TAXES FOR ROAD BONDS.  At the time the
  district issues bonds for road projects payable wholly or partly
  from ad valorem taxes, the district 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 4.  The Cy-Champ Public Utility District retains all
  the rights, powers, privileges, authority, duties, and functions
  that it had before the effective date of this Act.
         SECTION 5.  (a)  The legislature validates and confirms all
  governmental acts and proceedings of the board of directors of the
  Cy-Champ Public Utility District 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 6.  (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 7.  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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