Bill Text: TX HB4686 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the powers and duties of the Harris County Municipal Utility District No. 478; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-14 - Effective immediately [HB4686 Detail]
Download: Texas-2019-HB4686-Enrolled.html
H.B. No. 4686 |
|
||
relating to the powers and duties of the Harris County Municipal | ||
Utility District No. 478; providing authority to issue bonds; | ||
providing authority to impose assessments, fees, and taxes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 8334.005(b), Special District Local Laws | ||
Code, is amended to read as follows: | ||
(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, [ |
||
operation, or maintenance of macadamized, graveled, or paved roads | ||
[ |
||
including storm drainage, in aid of those roads. | ||
SECTION 2. Section 8334.103(a), Special District Local Laws | ||
Code, is amended to read as follows: | ||
(a) 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 [ |
||
improvements, including storm drainage, in aid of those roads. | ||
SECTION 3. Subchapter C, Chapter 8334, Special District | ||
Local Laws Code, is amended by adding Sections 8334.1035 and | ||
8334.107 to read as follows: | ||
Sec. 8334.1035. 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. 8334.107. 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 area described by Section 2 of the Act enacting this | ||
chapter. | ||
(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) 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 or among the new districts. | ||
(f) 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 Texas Commission on Environmental Quality and record the | ||
order in the real property records of each county in which the | ||
district is located. | ||
(g) 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. | ||
(h) Municipal consent to the creation of the district and to | ||
the inclusion of land in the district granted under Section | ||
8334.004 acts as municipal consent to the creation of any new | ||
district under this section and the inclusion of land in the new | ||
district. | ||
(i) 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. | ||
(j) If the creation of the new district is confirmed, the | ||
new district shall provide the election date and results to the | ||
Texas Commission on Environmental Quality. | ||
SECTION 4. Sections 8334.003, 8334.103(b), and 8334.104, | ||
Special District Local Laws Code, are repealed. | ||
SECTION 5. The Harris County Municipal Utility District | ||
No. 478 retains all the rights, powers, privileges, authority, | ||
duties, and functions that it had before the effective date of this | ||
Act. | ||
SECTION 6. (a) The legislature validates and confirms all | ||
governmental acts and proceedings of the Harris County Municipal | ||
Utility District No. 478 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 7. (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 8. 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. 4686 was passed by the House on May 3, | ||
2019, by the following vote: Yeas 123, Nays 17, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4686 was passed by the Senate on May | ||
21, 2019, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |