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.