1-1 By: Saunders (Senate Sponsor - Armbrister) H.B. No. 3173
1-2 (In the Senate - Received from the House May 17, 1995;
1-3 May 19, 1995, read first time and referred to Committee on Natural
1-4 Resources; May 25, 1995, reported favorably by the following vote:
1-5 Yeas 8, Nays 0; May 25, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the powers and duties of the Bastrop County Water
1-9 Control and Improvement District No. 2 relating to the
1-10 administration of a road utility district in Bastrop County.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 3, Chapter 577, Acts of the 71st
1-13 Legislature, Regular Session, 1989, is amended to read as follows:
1-14 Sec. 3. <FEES AND> CHARGES. The board of directors of the
1-15 district may impose a monthly charge of $5 for each developed or
1-16 undeveloped lot for use in constructing, maintaining, or repairing
1-17 public streets and roadways in the district. <(a) In addition to
1-18 the other authority granted to the district under this Act, the
1-19 district, with the approval of the voters as provided by this
1-20 section, may adopt and impose on the owners of developed and
1-21 undeveloped lots in the district a monthly or annual charge or fee.
1-22 A monthly charge or fee may be in an amount not to exceed $10, and
1-23 an annual charge or fee may be in an amount not to exceed $120 for
1-24 each lot for use in constructing, maintaining, and repairing public
1-25 streets and roadways in the district.>
1-26 <(b) The board of directors may call and hold an election in
1-27 the district to determine whether a fee or charge authorized under
1-28 Subsection (a) of this section will be imposed.>
1-29 <(c) At the election, the ballots shall be printed to permit
1-30 voting for or against the proposition: "The imposition on owners
1-31 of developed and undeveloped lots in the Bastrop County Water
1-32 Control and Improvement District No. 2 of (a monthly/an annual) fee
1-33 or charge in an amount not to exceed ($10 a month/$120 annually)
1-34 for each lot to cover the cost of construction, maintenance, and
1-35 repair of public streets and roadways in the district.">
1-36 <(d) If a majority of the voters at the election favor the
1-37 proposition, the board of directors by resolution may impose on the
1-38 owners of developed and undeveloped property in the district a fee
1-39 or charge in an amount determined by the board of directors as
1-40 necessary to construct, maintain, and repair public streets and
1-41 roadways in the district, but not in an amount that exceeds the
1-42 amount approved by the voters.>
1-43 <(e) If a majority of the voters at the election do not
1-44 favor the proposition, the board of directors may not call another
1-45 election on the proposition before the first anniversary of the
1-46 date on which the most recent election on the proposition is held.>
1-47 <(f) Section 41.001(a), Election Code, does not apply to an
1-48 election under this section.>
1-49 <(g) Except as provided by this section, the election shall
1-50 be called and held in the manner provided by Chapter 13, Acts of
1-51 the 68th Legislature, 2nd Called Session, 1984 (Article 6674r-1,
1-52 Vernon's Texas Civil Statutes), for elections in a road utility
1-53 district and by the Election Code.>
1-54 <(h)> The board of directors may adopt rules necessary to
1-55 implement and administer the <fees and> charges authorized by this
1-56 section.
1-57 SECTION 2. Sections 3A(a) and (b), Chapter 577, Acts of the
1-58 71st Legislature, Regular Session, 1989, are amended to read as
1-59 follows:
1-60 (a) The district shall make all improvements in accordance
1-61 with the master plan adopted by the district and approved by the
1-62 city and county as revised under Subsection (c) of this section
1-63 <The district may not spend revenues collected under this Act on or
1-64 after September 1, 1991, until the district has developed and
1-65 adopted a master comprehensive road and drainage plan for the
1-66 entire district. The district shall submit the master plan to the
1-67 city and county for review before adoption. The city and county
1-68 shall, not later than the 61st day after the day on which the city
2-1 and county receive the master plan, review the plan and submit to
2-2 the district suggested revisions to ensure acceptance of the
2-3 finished work product. After the district receives the suggested
2-4 changes, the district shall hold a public hearing to review the
2-5 master plan and suggested changes. The master plan must be adopted
2-6 at a public hearing. This subsection does not affect the
2-7 district's power to take the steps necessary to provide for the
2-8 development and submission of the master plan>.
2-9 (b) The revised master plan must include at least the
2-10 following:
2-11 (1) a map of the district's boundaries that shows the
2-12 proposed improvements and how the improvements tie into other
2-13 entities' road and drainage systems; and
2-14 (2) a written plan that contains:
2-15 (A) general objectives for establishing the
2-16 various levels of improvements;
2-17 (B) the sequencing of the improvements;
2-18 (C) the estimated dates of completion of the
2-19 various phases of the proposed improvements and the cost of each
2-20 phase;
2-21 (D) an analysis of the district's projected
2-22 revenues compared to the projected costs; and
2-23 (E) a proposed timetable for completion of the
2-24 work identified in the master plan.
2-25 SECTION 3. Sections 3B(a) and (b), Chapter 577, Acts of the
2-26 71st Legislature, Regular Session, 1989, are amended to read as
2-27 follows:
2-28 (a) All fees, charges, and other revenue collected under
2-29 this Act on or after September 1, 1991, shall be escrowed and
2-30 accounted for separately from other funds received by the district.
2-31 The district may use the fees, charges, and other revenue only for
2-32 maintenance, road improvements, and associated expenses on the road
2-33 and drainage system within the district, including expenses for
2-34 engineering and consulting services, materials, equipment repair
2-35 and rental, supplies, painting and striping signage, bid
2-36 advertisements, legal fees, labor and related indirect costs,
2-37 project management expenses, and equipment charges directly related
2-38 to the improvements included in the master plan.
2-39 (b) The board of directors of the district may use funds
2-40 collected before September 1, 1991, for maintenance or permanent
2-41 improvements. Funds collected on or after September 1, 1991, are
2-42 intended to be used primarily for permanent improvements. The
2-43 board may spend not more than 15 percent of funds collected on or
2-44 after September 1, 1991, for maintenance of portions of the road
2-45 system that have not been accepted by any other governmental
2-46 entity. The board may spend <The district shall ensure that> not
2-47 more than 10 percent of the funds collected on or after September
2-48 1, 1991, on administration <is used for administrative or financial
2-49 support services. The remaining funds shall be used for permanent
2-50 improvements and associated expenses>.
2-51 SECTION 4. Section 5, Chapter 577, Acts of the 71st
2-52 Legislature, Regular Session, 1989, is amended to read as follows:
2-53 Sec. 5. EXPIRATION DATE. This Act expires September 1, 1999
2-54 <1995>.
2-55 SECTION 5. The importance of this legislation and the
2-56 crowded condition of the calendars in both houses create an
2-57 emergency and an imperative public necessity that the
2-58 constitutional rule requiring bills to be read on three several
2-59 days in each house be suspended, and this rule is hereby suspended,
2-60 and that this Act take effect and be in force from and after its
2-61 passage, and it is so enacted.
2-62 * * * * *