By Saunders                                           H.B. No. 3173
       74R3308 JJT-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the powers and duties of the Bastrop County Water
    1-3  Control and Improvement District No. 2 relating to the
    1-4  administration of a road utility district in Bastrop County.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 3, Chapter 577, Acts of the 71st
    1-7  Legislature, Regular Session, 1989, is amended to read as follows:
    1-8        Sec. 3.  <FEES AND> CHARGES.  The board of directors of the
    1-9  district may impose a monthly charge of $5 for each developed or
   1-10  undeveloped lot for use in constructing, maintaining, or repairing
   1-11  public streets and roadways in the district.  <(a)  In addition to
   1-12  the other authority granted to the district under this Act, the
   1-13  district, with the approval of the voters as provided by this
   1-14  section, may adopt and impose on the owners of developed and
   1-15  undeveloped lots in the district a monthly or annual charge or fee.
   1-16  A monthly charge or fee may be in an amount not to exceed $10, and
   1-17  an annual charge or fee may be in an amount not to exceed $120 for
   1-18  each lot for use in constructing, maintaining, and repairing public
   1-19  streets and roadways in the district.>
   1-20        <(b)  The board of directors may call and hold an election in
   1-21  the district to determine whether a fee or charge authorized under
   1-22  Subsection (a) of this section will be imposed.>
   1-23        <(c)  At the election, the ballots shall be printed to permit
   1-24  voting for or against the proposition:  "The imposition on owners
    2-1  of developed and undeveloped lots in the Bastrop County Water
    2-2  Control and Improvement District No. 2 of (a monthly/an annual) fee
    2-3  or charge in an amount not to exceed ($10 a month/$120 annually)
    2-4  for each lot to cover the cost of construction, maintenance, and
    2-5  repair of public streets and roadways in the district.">
    2-6        <(d)  If a majority of the voters at the election favor the
    2-7  proposition, the board of directors by resolution may impose on the
    2-8  owners of developed and undeveloped property in the district a fee
    2-9  or charge in an amount determined by the board of directors as
   2-10  necessary to construct, maintain, and repair public streets and
   2-11  roadways in the district, but not in an amount that exceeds the
   2-12  amount approved by the voters.>
   2-13        <(e)  If a majority of the voters at the election do not
   2-14  favor the proposition, the board of directors may not call another
   2-15  election on the proposition before the first anniversary of the
   2-16  date on which the most recent election on the proposition is held.>
   2-17        <(f)  Section 41.001(a), Election Code, does not apply to an
   2-18  election under this section.>
   2-19        <(g)  Except as provided by this section, the election shall
   2-20  be called and held in the manner provided by Chapter 13, Acts of
   2-21  the 68th Legislature, 2nd Called Session, 1984 (Article 6674r-1,
   2-22  Vernon's Texas Civil Statutes), for elections in a road utility
   2-23  district and by the Election Code.>
   2-24        <(h)>  The board of directors may adopt rules necessary to
   2-25  implement and administer the <fees and> charges authorized by this
   2-26  section.
   2-27        SECTION 2.  Sections 3A(a) and (b), Chapter 577, Acts of the
    3-1  71st Legislature, Regular Session, 1989, are amended to read as
    3-2  follows:
    3-3        (a)  The district shall make all improvements in accordance
    3-4  with the master plan adopted by the district and approved by the
    3-5  city and county as revised under Subsection (c) of this section
    3-6  <The district may not spend revenues collected under this Act on or
    3-7  after September  1, 1991, until the district has developed and
    3-8  adopted a master comprehensive road and drainage plan for the
    3-9  entire district.  The district shall submit the master plan to the
   3-10  city and county for review before adoption.  The city and county
   3-11  shall, not later than the 61st day after the day on which the city
   3-12  and county receive the master plan, review the plan and submit to
   3-13  the district suggested revisions to ensure acceptance of the
   3-14  finished work product.  After the district receives the suggested
   3-15  changes, the district shall hold a public hearing to review the
   3-16  master plan and suggested changes.  The master plan must be adopted
   3-17  at a public hearing.  This subsection does not affect the
   3-18  district's power to take the steps necessary to provide for the
   3-19  development and submission of the master plan>.
   3-20        (b)  The revised master plan must include at least the
   3-21  following:
   3-22              (1)  a map of the district's boundaries that shows the
   3-23  proposed improvements and how the improvements tie into other
   3-24  entities' road and drainage systems; and
   3-25              (2)  a written plan that contains:
   3-26                    (A)  general objectives for establishing the
   3-27  various levels of improvements;
    4-1                    (B)  the sequencing of the improvements;
    4-2                    (C)  the estimated dates of completion of the
    4-3  various phases of the proposed improvements and the cost of each
    4-4  phase;
    4-5                    (D)  an analysis of the district's projected
    4-6  revenues compared to the projected costs; and
    4-7                    (E)  a proposed timetable for completion of the
    4-8  work identified in the master plan.
    4-9        SECTION 3.  Sections 3B(a) and (b), Chapter 577, Acts of the
   4-10  71st Legislature, Regular Session, 1989, are amended to read as
   4-11  follows:
   4-12        (a)  All fees, charges, and other revenue collected under
   4-13  this Act on or after September 1, 1991, shall be escrowed and
   4-14  accounted for separately from other funds received by the district.
   4-15  The district may use the fees, charges, and other revenue only for
   4-16  maintenance, road improvements, and associated expenses on the road
   4-17  and drainage system within the district, including expenses for
   4-18  engineering and consulting services, materials, equipment repair
   4-19  and rental, supplies, painting and striping signage, bid
   4-20  advertisements, legal fees, labor and related indirect costs,
   4-21  project management expenses, and equipment charges directly related
   4-22  to the improvements included in the master plan.
   4-23        (b)  The board of directors of the district may use funds
   4-24  collected before September 1, 1991, for maintenance or permanent
   4-25  improvements.  Funds collected on or after September 1, 1991, are
   4-26  intended to be used primarily for permanent improvements.  The
   4-27  board may spend not more than 15 percent of funds collected on or
    5-1  after September 1, 1991, for maintenance of portions of the road
    5-2  system that have not been accepted by any other governmental
    5-3  entity.  The board may spend <The district shall ensure that> not
    5-4  more than 10 percent of the funds collected on or after September
    5-5  1, 1991, on administration <is used for administrative or financial
    5-6  support services.  The remaining funds shall be used for permanent
    5-7  improvements and associated expenses>.
    5-8        SECTION 4.  Section 5, Chapter 577, Acts of the 71st
    5-9  Legislature, Regular Session, 1989, is amended to read as follows:
   5-10        Sec. 5.  EXPIRATION DATE.  This Act expires September 1, 1999
   5-11  <1995>.
   5-12        SECTION 5.  The importance of this legislation and the
   5-13  crowded condition of the calendars in both houses create an
   5-14  emergency and an imperative public necessity that the
   5-15  constitutional rule requiring bills to be read on three several
   5-16  days in each house be suspended, and this rule is hereby suspended,
   5-17  and that this Act take effect and be in force from and after its
   5-18  passage, and it is so enacted.