Bill Text: TX HB4656 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to the board of directors and powers and duties of the Brazoria County Municipal Utility District No. 13; providing authority to issue bonds; providing authority to impose a tax.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2019-06-10 - Effective immediately [HB4656 Detail]

Download: Texas-2019-HB4656-Enrolled.html
 
 
  H.B. No. 4656
 
 
 
 
AN ACT
  relating to the board of directors and powers and duties of the
  Brazoria County Municipal Utility District No. 13; 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 8029 to read as follows:
  CHAPTER 8029. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 13
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 8029.0101.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Commission" means the Texas Commission on
  Environmental Quality.
               (3)  "District" means the Brazoria County Municipal
  Utility District No. 13.
         Sec. 8029.0102.  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.  BOARD OF DIRECTORS
         Sec. 8029.0201.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8029.0202, directors
  serve staggered four-year terms.
         Sec. 8029.0202.  TEMPORARY DIRECTORS.  (a)  The temporary
  board consists of:
               (1)  Gordon Richardson;
               (2)  Lisa Gasper;
               (3)  Randy Leonhardt;
               (4)  Greg Eknoyan; and
               (5)  Daniel Pereya.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected at an
  election held under Section 49.102, Water Code; or
               (2)  the fourth anniversary of the effective date of
  the Act enacting this chapter.
         (c)  If permanent directors have not been elected at an
  election held under Section 49.102, Water Code, and the terms of the
  temporary directors have expired, successor temporary directors
  shall be appointed or reappointed as provided by Subsection (d) to
  serve terms that expire on the earlier of:
               (1)  the date permanent directors are elected at an
  election held under Section 49.102, Water Code; or
               (2)  the fourth anniversary of the date of the
  appointment or reappointment.
         (d)  If Subsection (c) applies, the owner or owners of a
  majority of the assessed value of the real property in the district
  may submit a petition to the commission requesting that the
  commission appoint as successor temporary directors the five
  persons named in the petition.  The commission shall appoint as
  successor temporary directors the five persons named in the
  petition.
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 8029.0301.  GENERAL POWERS AND DUTIES. The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8029.0302.  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. 8029.0303.  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. 8029.0304.  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.
  SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS
         Sec. 8029.0401.  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 8029.0303.
         (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. 8029.0402.  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 Brazoria County Municipal Utility District
  No. 13 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 Brazoria County Municipal
  Utility District No. 13 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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4656 was passed by the House on May 3,
  2019, by the following vote:  Yeas 124, Nays 16, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 4656 was passed by the Senate on May
  21, 2019, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
feedback