Bill Text: TX SB2535 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the powers and duties of the Lakehaven Municipal Utility District; providing authority to issue bonds; providing authority to impose a tax.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-10 - Effective immediately [SB2535 Detail]
Download: Texas-2019-SB2535-Enrolled.html
S.B. No. 2535 |
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relating to the powers and duties of the Lakehaven Municipal | ||
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. Subtitle F, Title 6, Special District Local Laws | ||
Code, is amended by adding Chapter 8093 to read as follows: | ||
CHAPTER 8093. LAKEHAVEN MUNICIPAL UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8093.0101. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "City" means the City of Farmersville, Texas. | ||
(3) "District" means the Lakehaven Municipal Utility | ||
District. | ||
Sec. 8093.0102. 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. 8093.0201. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8093.0202. 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. 8093.0203. 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. 8093.0204. ROAD STANDARDS AND REQUIREMENTS. (a) A | ||
road project must meet all applicable construction standards 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 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. | ||
SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS | ||
Sec. 8093.0301. AUTHORITY TO ISSUE BONDS AND OTHER | ||
OBLIGATIONS FOR ROAD PROJECTS. (a) Except as provided by Section | ||
8093.0303, the district may issue bonds or other obligations | ||
payable wholly or partly from ad valorem taxes, revenue, contract | ||
payments, grants, or other district money, or any combination of | ||
those sources, to pay for a road project authorized by Section | ||
8093.0203. | ||
(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. 8093.0302. 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. | ||
Sec. 8093.0303. CONDITION PRECEDENT TO ISSUING BONDS OR | ||
OTHER OBLIGATIONS. (a) The district may not issue bonds or other | ||
obligations under this subchapter unless the district has entered | ||
into a contract with the city, Collin County, or another entity: | ||
(1) for adequate supplemental police, fire, and | ||
emergency services for the district; and | ||
(2) that is approved by the Commissioners Court of | ||
Collin County under Subsection (c). | ||
(b) A contract under Subsection (a) may include a provision | ||
that the contract takes effect only on the approval of the | ||
Commissioners Court of Collin County and the voters in the district | ||
voting in an election held for that purpose. | ||
(c) The Commissioners Court of Collin County shall review a | ||
contract under Subsection (a) and evaluate the supplemental police, | ||
fire, and emergency services provided in the contract. If the | ||
commissioners court determines that the contract provides adequate | ||
services, the commissioners court shall adopt a resolution stating | ||
that the contract has met the requirements of Subsection (a). | ||
SUBCHAPTER D. CITY PERMITTING AUTHORITY IN DISTRICT | ||
Sec. 8093.0401. CITY AUTHORITY. (a) The city has | ||
exclusive authority in the district to issue all building permits, | ||
certificates of occupancy, and any certificate or permit issued by | ||
the city relating to business activities. | ||
(b) A fee for a permit or certificate issued by the city for | ||
use in the district may not exceed the fees charged for the same | ||
permit or certificate issued for use in the corporate limits of the | ||
city. | ||
(c) A permit or certificate issued by the city for use in the | ||
district is subject to the terms of a development agreement made | ||
under Section 212.172, Local Government Code. | ||
SECTION 2. The Lakehaven Municipal Utility District retains | ||
all the rights, powers, privileges, authority, duties, and | ||
functions that it had before the effective date of this Act. | ||
SECTION 3. (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 4. 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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 2535 passed the Senate on | ||
May 3, 2019, by the following vote: Yeas 30, Nays 1; and that the | ||
Senate concurred in House amendment on May 23, 2019, by the | ||
following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 2535 passed the House, with | ||
amendment, on May 17, 2019, by the following vote: Yeas 121, | ||
Nays 26, two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |