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                               * * * * *