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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 Stanley Lake Municipal |
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Utility District; providing authority to issue bonds; providing |
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authority to 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 7983A to read as follows: |
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CHAPTER 7983A. STANLEY LAKE MUNICIPAL UTILITY DISTRICT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7983A.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "District" means the Stanley Lake Municipal |
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Utility District. |
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Sec. 7983A.0102. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 7983A.0103. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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SUBCHAPTER B. POWERS AND DUTIES |
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Sec. 7983A.0201. GENERAL POWERS AND DUTIES. (a) The |
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district has the powers and duties necessary to accomplish the |
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purposes for which the district is created. |
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(b) The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 7983A.0202. AUTHORITY FOR ROAD PROJECTS. 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, |
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operate, maintain, and convey to this state, a county, or a |
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municipality for operation and maintenance macadamized, graveled, |
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or paved roads, or improvements, including storm drainage, in aid |
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of those roads. |
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Sec. 7983A.0203. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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SUBCHAPTER C. DEFINED AREAS |
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Sec. 7983A.0301. AUTHORITY TO ESTABLISH DEFINED AREAS OR |
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DESIGNATED PROPERTY. The district may define areas or designate |
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certain property of the district to pay for improvements, |
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facilities, or services that primarily benefit that area or |
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property and do not generally and directly benefit the district as a |
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whole. |
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Sec. 7983A.0302. PROCEDURE FOR ELECTION. (a) Before the |
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district may impose an ad valorem tax applicable only to the defined |
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area or designated property or issue bonds payable from ad valorem |
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taxes of the defined area or designated property, the board shall |
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hold an election in the defined area or in the designated property |
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only. |
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(b) The board may submit the issues to the voters on the same |
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ballot to be used in another election. |
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Sec. 7983A.0303. DECLARING RESULT AND ISSUING ORDER. (a) |
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If a majority of the voters voting at the election approve the |
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proposition or propositions, the board shall declare the results |
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and, by order, shall establish the defined area and describe it by |
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metes and bounds or designate the specific property. |
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(b) A court may not review the board's order except on the |
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ground of fraud, palpable error, or arbitrary and confiscatory |
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abuse of discretion. |
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Sec. 7983A.0304. TAXES FOR SERVICES, IMPROVEMENTS, AND |
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FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter |
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approval and adoption of the order described by Section 7983A.0303, |
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the district may apply separately, differently, equitably, and |
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specifically its taxing power and lien authority to the defined |
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area or designated property to provide money to construct, |
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administer, maintain, and operate services, improvements, and |
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facilities that primarily benefit the defined area or designated |
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property. |
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Sec. 7983A.0305. ISSUANCE OF BONDS FOR DEFINED AREA OR |
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DESIGNATED PROPERTY. After the order under Section 7983A.0303 is |
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adopted, the district may issue bonds to provide for any land, |
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improvements, facilities, plants, equipment, and appliances for |
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the defined area or designated property. |
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SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS |
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Sec. 7983A.0401. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or |
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other obligations payable wholly or partly from ad valorem taxes, |
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impact fees, revenue, contract payments, grants, or other district |
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money, or any combination of those sources, to pay for a road |
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project authorized by Section 7983A.0202. |
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(b) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 7983A.0402. 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. 7983A.0403. 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. The Stanley Lake Municipal Utility District |
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retains all rights, powers, privileges, authority, duties, and |
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functions that it had before the effective date of this Act. |
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SECTION 3. (a) The legislature validates and confirms all |
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governmental acts and proceedings of the Stanley Lake Municipal |
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Utility District that were taken before the effective date of this |
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Act. |
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(b) This section does not apply to any matter that on the |
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effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final court |
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judgment; or |
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(2) has been held invalid by a final court judgment. |
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SECTION 4. (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 5. 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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