Bill Text: TX HB563 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to shale transportation districts, authorizing the issuance of bonds.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-03-13 - Left pending in committee [HB563 Detail]
Download: Texas-2013-HB563-Introduced.html
By: Guillen | H.B. No. 563 |
|
||
|
||
relating to shale transportation districts, authorizing the | ||
issuance of bonds. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle Z, Title 6, Transportation Code, is | ||
amended by adding Chapter 473 to read as follows: | ||
CHAPTER 473. SHALE TRANSPORTATION DISTRICTS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 473.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the board of directors of the | ||
district. | ||
(2) "Commission" means the Texas Transportation | ||
Commission. | ||
(3) "Department" means the Texas Department of | ||
Transportation. | ||
(4) "District" means a shale transportation district | ||
created under this chapter. | ||
Sec. 473.002. EXPIRATION OF AUTHORITY. The commission may | ||
not authorize the creation of a district under this chapter on or | ||
after September 1, 2023. | ||
[Sections 473.003-473.050 reserved for expansion] | ||
SUBCHAPTER B. CREATION OF DISTRICT | ||
Sec. 473.051. CREATION OF DISTRICT. (a) Two or more | ||
counties that contain a portion of a shale formation may form a | ||
shale transportation district to plan, coordinate, and provide | ||
financial assistance for road projects in the district if: | ||
(1) the county or counties submit a comprehensive road | ||
construction, maintenance, and improvement plan for the proposed | ||
district, including a budget for the plan | ||
(2) the commission approves the plan. | ||
(b) A district may not be created without the approval of | ||
the commission under Subsection (a) and the approval of the | ||
commissioners court of each county that will be a part of the | ||
district. | ||
(c) a plan adopted under this section must ensure local | ||
funding mechanisms are used to the extent possible. | ||
Sec. 473.052. NATURE OF DISTRICT. (a) A district is a body | ||
politic and corporate and a political subdivision of this state. | ||
(b) A district is a governmental unit as that term is | ||
defined in Section 101.001, Civil Practice and Remedies Code. | ||
(c) The exercise by a district of the powers conferred by | ||
this chapter is: | ||
(1) in all respects for the benefit of the people of | ||
the counties in which a district operates and of the people of this | ||
state; and | ||
(2) an essential governmental function of the state. | ||
(d) The operations of a district are governmental, not | ||
proprietary, functions. | ||
[Sections 473.053-473.100 reserved for expansion] | ||
SUBCHAPTER C. GOVERNANCE | ||
Sec. 473.101. BOARD OF DIRECTORS. (a) The governing body of | ||
a district is a board of directors consisting of: | ||
(1) representatives of each county of the district; | ||
(2) two members appointed by the governor who has | ||
experience with oil and gas industry interests in the district; and | ||
(3) one member appointed by the governor to serve as | ||
the presiding officer of the board. | ||
(b) The commissioners court of each county that forms the | ||
district shall appoint at least two directors to the board. | ||
Additional directors may be appointed to the board at the time of | ||
initial formation by agreement of the counties creating the | ||
district to ensure fair representation of political subdivisions in | ||
the counties of the district, provided that the number of directors | ||
must be an odd number. | ||
(c) All appointments to the board shall be made without | ||
regard to race, color, disability, sex, religion, age, or national | ||
origin. | ||
(d) The following individuals are ineligible to serve as a | ||
director: | ||
(1) an elected official; | ||
(2) a person who is not a resident of a county within | ||
the geographic area of the district; | ||
(3) a department employee; | ||
(4) an employee of a governmental entity any part of | ||
which is located within the geographic boundaries of the district; | ||
and | ||
(5) a person owning an interest in real property that | ||
will be acquired for a road project in the district, if it is known | ||
at the time of the person's proposed appointment that the property | ||
will be acquired for the road project. | ||
(e) Each director has equal status and may vote. | ||
(f) The vote of a majority attending a board meeting is | ||
necessary for any action taken by the board. If a vacancy exists on | ||
the board, the majority of directors serving on the board is a | ||
quorum. | ||
(g) The commission may refuse to authorize the creation of a | ||
district if the commission determines that the proposed board will | ||
not fairly represent political subdivisions in the counties of the | ||
district that will be affected by the projects in the comprehensive | ||
plan. | ||
Sec. 473.102. TERMS. (a) Directors serve two-year terms, | ||
with as near as possible to one-half of the directors' terms | ||
expiring on February 1 of each year. | ||
(b) One director appointed to the initial board of a | ||
district by the commissioners court of a county shall be designated | ||
by the court to serve a term of one year and one director designated | ||
to serve a term of two years. If one or more directors are | ||
subsequently appointed to the board, the directors other than the | ||
subsequent appointees shall determine the length of the appointees' | ||
terms, to comply with Subsection (a). | ||
Sec. 473.103. VACANCY. If a vacancy occurs on the board, | ||
the appointing authority shall promptly appoint a successor to | ||
serve for the unexpired portion of the term. | ||
[Sections 473.104-473.150 reserved for expansion] | ||
SUBCHAPTER D. POWERS AND DUTIES | ||
Sec. 473.151. GENERAL POWERS. (a) A district, through its | ||
board, may: | ||
(1) adopt rules for the regulation of its affairs and | ||
the conduct of its business; | ||
(2) adopt an official seal; and | ||
(3) apply for and directly or indirectly receive and | ||
spend loans, gifts, and grants. | ||
(b) A district may sue and be sued and plead and be impleaded | ||
in its own name. | ||
Sec. 473.152. DISTRICT COMPREHENSIVE ROAD CONSTRUCTION, | ||
MAINTENANCE, AND IMPROVEMENT PLAN; CONTRACTS FOR USE OF BOND | ||
PROCEEDS. (a) A district may contract with the department or a local | ||
government in the district for the use of district money, including | ||
bond proceeds under Section 473.153, by the department or local | ||
government for construction or improvement of road projects that | ||
are part of the comprehensive road construction, maintenance, and | ||
improvement plan submitted under Section 473.051. | ||
(b) A district, with the approval of the commission, may | ||
amend the comprehensive plan, including by adding or removing | ||
projects from the plan. | ||
(c) Unless otherwise authorized by the commission, all | ||
projects proposed in a comprehensive road construction, | ||
maintenance, and improvement plan must be proposed to be completed | ||
not later than the 10th anniversary of the creation of the district. | ||
Sec. 473.153. BONDS SECURED BY SEVERANCE TAX REVENUE. A | ||
district, by bond resolution, may authorize the issuance of bonds | ||
for which the principal of and interest on are payable solely from: | ||
(1) money under Sections 49-g(d) and (e), Article III, | ||
Texas Constitution, allocated to the district by the department; | ||
and | ||
(2) money derived from any other source available to | ||
the district. | ||
[Sections 473.154-473.200 reserved for expansion] | ||
SUBCHAPTER E. DISSOLUTION OF DISTRICT | ||
Sec. 473.201. VOLUNTARY DISSOLUTION. (a) A district may | ||
not be dissolved unless the dissolution is approved by the | ||
commission. | ||
(b) A board may submit a request to the commission for | ||
approval to dissolve. | ||
(c) The commission may approve a request to dissolve only | ||
if: | ||
(1) all debts, obligations, and liabilities of the | ||
district have been paid and discharged or adequate provision has | ||
been made for the payment of all debts, obligations, and | ||
liabilities; and | ||
(2) there are no suits pending against the district, | ||
or adequate provision has been made for the satisfaction of any | ||
judgment, order, or decree that may be entered against it in any | ||
pending suit. | ||
Sec. 473.202. INVOLUNTARY DISSOLUTION FOR NONCOMPLIANCE | ||
WITH RULE OR AGREEMENT. (a) The commission by order may require a | ||
district to dissolve if the commission determines that the district | ||
has not substantially complied with the requirements of a | ||
commission rule or an agreement between the department and the | ||
district. | ||
(b) The commission may not require dissolution under | ||
Subsection (a) unless: | ||
(1) the conditions described in Section 473.201(c) | ||
have been met; and | ||
(2) the holders of any indebtedness have evidenced | ||
their agreement to the dissolution. | ||
Sec. 473.203. DISSOLUTION AFTER COMPLETION OF PROJECTS IN | ||
PLAN. The commission shall dissolve a district if: | ||
(1) all projects in the district's comprehensive road | ||
construction, maintenance, and improvement plan have been | ||
completed; | ||
(2) all debts, obligations, and liabilities of the | ||
district have been paid and discharged or adequate provision has | ||
been made for the payment of all debts, obligations, and | ||
liabilities; and | ||
(3) there are no suits pending against the district, | ||
or adequate provision has been made for the satisfaction of any | ||
judgment, order, or decree that may be entered against it in any | ||
pending suit. | ||
SECTION 2. SECTION 2. This Act takes effect on the date on | ||
which the constitutional amendment proposed by the 83rd | ||
Legislature, Regular Session, 2013, to authorize the legislature If | ||
that amendment is not approved by the voters, this Act has no | ||
effect. | ||
SECTION 3. This Act takes effect September 1, 2013. |