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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of the Fort Bend County Municipal |
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Utility District No. 147; providing authority to issue bonds and |
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impose fees and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7967A to read as follows: |
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CHAPTER 7967A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 147 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7967A.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "District" means the Fort Bend County Municipal |
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Utility District No. 147. |
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Sec. 7967A.0102. NATURE AND PURPOSES OF DISTRICT. The |
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district is a municipal utility district in Fort Bend County |
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created under and essential to accomplish the purposes of Section |
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52, Article III, and Section 59, Article XVI, Texas Constitution. |
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SUBCHAPTER B. POWERS AND DUTIES |
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Sec. 7967A.0201. DEFINED AREAS. (a) Notwithstanding the |
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limitation on authorization based on acreage under Section |
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54.801(a), Water Code, the district may establish and administer |
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defined areas as provided by Subchapter J, Chapter 54, Water Code. |
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(b) Under Section 52, Article III, Texas Constitution, the |
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district may construct, acquire, improve, maintain, or operate in a |
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defined area established under this section: |
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(1) macadamized, graveled, or paved roads; or |
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(2) improvements, including storm drainage, in aid of |
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those roads. |
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(c) The district may issue bonds or other obligations as |
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provided by Chapters 49 and 54, Water Code, to finance the |
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construction, acquisition, improvement, maintenance, or operation |
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of projects under Subsection (b). |
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(d) The district may impose an ad valorem tax on real |
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property in a defined area to pay the principal of or interest on |
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bonds issued under Subsection (c) to finance projects benefiting |
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the defined area. |
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(e) The district may not issue bonds or other obligations |
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secured wholly or partly by ad valorem taxes to finance a project |
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authorized by Subsection (b) unless the issuance is approved by a |
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vote of a two-thirds majority of the voters of the defined area to |
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be benefited by the project as provided by Subchapter J, Chapter 54, |
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Water Code, voting at an election called for that purpose. |
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(f) At the time of issuance, the total principal amount of |
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bonds or other obligations issued or incurred to finance projects |
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authorized by Subsection (b) benefiting a defined area may not |
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exceed one-fourth of the assessed value of the real property in the |
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defined area. |
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Sec. 7967A.0202. AUTHORITY FOR ROAD PROJECTS. (a) Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, and |
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convey to this state, a county, or a municipality for operation and |
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maintenance macadamized, graveled, or paved roads described by |
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Section 54.234, Water Code, or improvements, including storm |
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drainage, in aid of those roads. |
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(b) The district may exercise the powers provided by this |
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section without submitting a petition to or obtaining approval from |
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the commission as required by Section 54.234, Water Code. |
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Sec. 7967A.0203. APPROVAL OF ROAD PROJECT. (a) The |
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district may not undertake a road project authorized by Section |
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7967A.0202 unless: |
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(1) each municipality or county that will operate and |
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maintain the road has approved the plans and specifications of the |
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road project, if a municipality or county will operate and maintain |
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the road; or |
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(2) the Texas Transportation Commission has approved |
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the plans and specifications of the road project, if the state will |
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operate and maintain the road. |
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(b) Except as provided by Subsection (a), the district is |
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not required to obtain approval from the Texas Transportation |
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Commission to design, acquire, construct, finance, issue bonds for, |
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improve, or convey a road project. |
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Sec. 7967A.0204. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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Sec. 7967A.0205. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district boundaries to acquire a site or easement for a road project |
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authorized by Section 7967A.0202. |
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SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS |
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Sec. 7967A.0301. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 7967A.0302. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 7967A.0303. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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