1-1     By:  Cook (Senate Sponsor - Armbrister)                H.B. No. 706

 1-2           (In the Senate - Received from the House April 4, 1997;

 1-3     April 8, 1997, read first time and referred to Committee on Natural

 1-4     Resources; April 17, 1997, reported favorably by the following

 1-5     vote:  Yeas 9, Nays 0; April 17, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to granting the Bastrop County Water Control and

 1-9     Improvement District No. 2 the powers and duties of a road

1-10     district.

1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-12           SECTION 1.  DEFINITIONS.  In this Act:

1-13                 (1)  "Board" means the board of directors of the

1-14     district.

1-15                 (2)  "City" means the City of Bastrop.

1-16                 (3)  "County" means Bastrop County.

1-17                 (4)  "District" means the Bastrop County Water Control

1-18     and Improvement District No. 2.

1-19           SECTION 2.  ROAD DISTRICT POWERS AND DUTIES.  (a)  The

1-20     district has all of the rights, powers, privileges, functions,

1-21     responsibilities, and duties that the general law grants a road

1-22     district created under Section 52, Article III, Texas Constitution.

1-23     The governing body of the district has within the district's

1-24     boundaries the powers that Chapter 257, Transportation Code, grants

1-25     a county commissioners court within its jurisdiction, to the extent

1-26     that chapter can be applied.

1-27           (b)  To the extent this Act conflicts with any provision of

1-28     general law, this Act controls.

1-29           SECTION 3.  MASTER PLAN.  (a) The district shall:

1-30                 (1)  adopt a master plan for all road improvements; and

1-31                 (2)  make all road improvements in accordance with the

1-32     master plan.

1-33           (b)  The master plan must include:

1-34                 (1)  a map of the district boundaries that shows:

1-35                       (A)  the proposed improvements; and

1-36                       (B)  how the proposed improvements would connect

1-37     to other entities' road and drainage systems; and

1-38                 (2)  a written plan that contains:

1-39                       (A)  general objectives for establishing the

1-40     proposed improvements;

1-41                       (B)  the sequence of the improvements;

1-42                       (C)  the estimated date of completion of each

1-43     phase of the proposed improvements;

1-44                       (D)  the estimated cost of each phase of the

1-45     proposed improvements;

1-46                       (E)  an analysis of the district's projected

1-47     revenues compared with the projected costs; and

1-48                       (F)  a proposed timetable for completion of the

1-49     work identified in the master plan.

1-50           SECTION 4.  MASTER PLAN APPROVAL AND ADOPTION.  (a)  The

1-51     district shall present the master plan to the governing bodies of

1-52     the city and the county before the plan is adopted.  The district

1-53     may not adopt the master plan until the plan is approved by the

1-54     governing body of:

1-55                 (1)  the city, for improvements to be made in the

1-56     city's jurisdiction; and

1-57                 (2)  the county, for improvements to be made in the

1-58     county's jurisdiction.

1-59           (b)  Not later than the 61st day after the date the governing

1-60     body of the city or county receives the master plan, the governing

1-61     body of the city or county shall review the plan and present the

1-62     district with any proposed revisions necessary to obtain the body's

1-63     approval of the plan.

1-64           (c)  The district shall review proposed plan revisions at a

 2-1     public hearing held for that purpose.

 2-2           (d)  The district must adopt the master plan at a public

 2-3     hearing.

 2-4           SECTION 5.  ANNUAL REVISIONS HEARING.  The district shall

 2-5     conduct an annual public hearing on revisions to the master plan

 2-6     to:

 2-7                 (1)  inform the public; and

 2-8                 (2)  provide opportunity for public comment.

 2-9           SECTION 6.  CHARGES.  (a)  The board may impose a monthly

2-10     charge of five dollars for each developed or undeveloped lot,

2-11     tract, or reserve.  The charge must be used for constructing,

2-12     maintaining, or repairing public streets or roadways in the

2-13     district.

2-14           (b)  Of the money collected under Subsection (a) of this

2-15     section, not more than:

2-16                 (1)  10 percent may be used for administrative

2-17     purposes; and

2-18                 (2)  15 percent may be used for road maintenance.

2-19           SECTION 7.  TAXES, BONDS, AND OBLIGATIONS.  (a)  The board

2-20     may not issue bonds or authorize a tax under this Act unless the

2-21     bond or tax is approved by a two-thirds majority of the voters of

2-22     the district who vote at an election called and held for that

2-23     purpose.

2-24           (b)  Bonds, notes, or other obligations of the district

2-25     issued or incurred under this Act may not exceed one-fourth of the

2-26     assessed valuation of the real property in the district.

2-27           SECTION 8.  APPROVAL OF PLANS AND SPECIFICATIONS.  (a)  The

2-28     district shall present for the approval of the governing body of

2-29     the city or county, as appropriate, all road plans and

2-30     specifications before the district begins construction.

2-31           (b)  The plans and specifications are considered approved if

2-32     the  governing body to which they are presented does not by

2-33     resolution disapprove of them before the 22nd day after the date on

2-34     which they are presented.

2-35           (c)  In reviewing plans or specifications for construction in

2-36     a subdivision, the city or county shall generally apply, as a

2-37     minimum standard, the standard the city or county applied to review

2-38     similar plans or specifications at the time the subdivision was

2-39     created.  If the specifications exceed that minimum standard, the

2-40     standard for approval shall be based on good engineering practices

2-41     related to subjects such as vehicle and pedestrian safety, soil and

2-42     terrain variables, watershed impacts, projected traffic use, and

2-43     future maintenance requirements.

2-44           SECTION 9.  INSPECTIONS, SAMPLING, AND TESTING.  (a)  The

2-45     city or county may:

2-46                 (1)  perform reasonable inspections, gather and test

2-47     samples, and perform other testing; or

2-48                 (2)  require the district or the contractor performing

2-49     work to perform reasonable inspections, gather and test samples,

2-50     and perform other testing.

2-51           (b)  The district may include the cost of inspections,

2-52     sampling, and testing in the bid specifications.  If the district

2-53     includes the costs in the specifications, the costs are allowable

2-54     charges for expending road money.

2-55           SECTION 10.  CONVEYANCE OF IMPROVEMENTS.  (a)  The district

2-56     shall convey the completed improvements to the city or county as

2-57     appropriate.

2-58           (b)  If the improvements comply with the minimum standards

2-59     the city or county, as applicable, prescribes for improvements in

2-60     its jurisdiction, the city or county shall accept the improvements.

2-61           (c)  If the jurisdictions of the city and the county overlap,

2-62     the more stringent standards apply.

2-63           SECTION 11.  ADDITIONAL POWERS.  The district may:

2-64                 (1)  select professional and consultant personnel for

2-65     engineering, legal, and other necessary support services;

2-66                 (2)  select and approve work contractors and

2-67     subcontractors;

2-68                 (3)  supervise road and drainage work in the district;

2-69                 (4)  contract in accordance with state law to carry out

 3-1     the improvements provided by the master plan, including entering

 3-2     into a contract with a professional or contractor;

 3-3                 (5)  supervise the cost-effective use of district money

 3-4     allocated for permanent improvements; and

 3-5                 (6)  approve expenditures for necessary maintenance.

 3-6           SECTION 12.  REPORT TO LEGISLATORS.  The district annually

 3-7     shall present a report concerning road district activities to each

 3-8     state representative and each state senator who represents the area

 3-9     in the district's jurisdiction.  The report must include:

3-10                 (1)  information regarding the progress of work during

3-11     the preceding year;

3-12                 (2)  the amount of revenue expended during the

3-13     preceding year;

3-14                 (3)  any revisions to the master plan; and

3-15                 (4)  a complete financial statement that lists all

3-16     funds of the district and fund balances, expenditures, and interest

3-17     earnings.

3-18           SECTION 13.  TERMINATION OF ROAD DISTRICT AUTHORITY;

3-19     DISTRIBUTION OF DISTRICT MONEY.  (a)  The road district authority

3-20     conferred on the district by this Act terminates when:

3-21                 (1)  all road improvements called for under the master

3-22     plan, as adopted and amended by the district, are completed; and

3-23                 (2)  the appropriate governmental entities have

3-24     accepted all road improvements in the district.

3-25           (b)  When the conditions provided by Subsection (a) of this

3-26     section are met, the district shall give any related money that

3-27     remains in the district's possession or control to the appropriate

3-28     governmental entities for road maintenance in the district.  The

3-29     district shall distribute the money to each appropriate

3-30     governmental entity in the proportion that the number of miles of

3-31     road improvements by the district accepted by the entity bears to

3-32     the total number of miles of road improvements by the district

3-33     accepted by all governmental entities.

3-34           SECTION 14.  EMERGENCY.  The importance of this legislation

3-35     and the crowded condition of the calendars in both houses create an

3-36     emergency and an imperative public necessity that the

3-37     constitutional rule requiring bills to be read on three several

3-38     days in each house be suspended, and this rule is hereby suspended,

3-39     and that this Act take effect and be in force from and after its

3-40     passage, and it is so enacted.

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