By Carona                                             S.B. No. 1949

         75R14111 CLG-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the powers, duties, administration, financing, and

 1-3     operation of the Falcon's Lair Utility and Reclamation District;

 1-4     granting the authority to issue bonds.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Section 9, Chapter 935, Acts of the 69th

 1-7     Legislature, Regular Session, 1985, is amended by amending

 1-8     Subsection (f) and adding Subsection (h) to read as follows:

 1-9           (f)  After the confirmation and directors' election, a

1-10     regular directors' election shall be held on the first Tuesday

1-11     after the first Monday [Saturday] in November of [April in] each

1-12     odd-numbered [even-numbered] year to elect the appropriate number

1-13     of directors.

1-14           (h)  The city may not be found liable for an act relating to

1-15     a district obligation or the operation of the district because of

1-16     an appointment of a director made by the city as prescribed by

1-17     Subsection (d) of this section.

1-18           SECTION 2.  Section 19, Chapter 935, Acts of the 69th

1-19     Legislature, Regular Session, 1985, is amended by adding

1-20     Subsections (d) and (e) to read as follows:

1-21           (d)  For the payment of all or part of the costs of an

1-22     improvement project or services under Section 20A of this Act, the

1-23     board may issue bonds in one or more series payable from and

1-24     secured by ad valorem taxes, assessments, impact fees, revenues,

 2-1     grants, gifts, contracts, or leases or any combination of those

 2-2     funds.  Bonds may be liens on all or part of the revenue derived

 2-3     from improvements authorized under Section 20A of this Act,

 2-4     including installment payments of special assessments or from any

 2-5     other source pledged to their payment.

 2-6           (e)  Sections 375.202-375.206, Local Government Code, apply

 2-7     to bonds issued under Subsection (d) of this section.

 2-8           SECTION 3.  Chapter 935, Acts of the 69th Legislature,

 2-9     Regular Session, 1985, is amended by adding Section 19A to read as

2-10     follows:

2-11           Sec. 19A.  OBLIGATIONS.  (a)  The principal amount of the

2-12     district's obligations that are payable from assessments imposed by

2-13     the district may be in an amount that does not exceed the aggregate

2-14     appraised value of the property in the district, as established by

2-15     an independent appraisal by a member of the Appraisal Institute.

2-16           (b)  The appraised value of the property in the district

2-17     established for ad valorem tax purposes may not be considered a

2-18     limitation on the principal amount of the obligations that may be

2-19     issued by the district under Subsection (a)  of this section.

2-20           (c)  The city is not required to pay principal of and

2-21     interest on an obligation issued by the district.

2-22           (d)  In this section, "obligation" means a bond, note,

2-23     lease-purchase agreement, or installment sale obligation of the

2-24     district.

2-25           SECTION 4.  Chapter 935, Acts of the 69th Legislature,

2-26     Regular Session, 1985, is amended by adding Section 20A to read as

2-27     follows:

 3-1           Sec. 20A.  ASSESSMENTS.  (a)  The board may undertake an

 3-2     improvement project or service that confers a special benefit on

 3-3     all or a definable part of the district.

 3-4           (b)  The board may levy and collect special assessments on

 3-5     property in the area described by Subsection (a) of this section

 3-6     based on the benefit conferred by the improvement project or

 3-7     service to pay all or part of the cost of the project or service.

 3-8     If the board determines there is a benefit to the district, the

 3-9     district may provide an improvement or service to an area outside

3-10     the boundaries of the district.

3-11           (c)  An improvement project or service provided by the

3-12     district may include the acquisition, construction, or financing of

3-13     recreational facilities, water, wastewater, or drainage facilities,

3-14     streets, sidewalks, or roadways.

3-15           (d)  Sections 375.113-375.124, Local Government Code, apply

3-16     to  the financing of an improvement project or  service under this

3-17     subsection.

3-18           SECTION 5.  Section 23(b), Chapter 935, Acts of the 69th

3-19     Legislature, Regular Session, 1985, is amended to read as follows:

3-20           (b)  Notwithstanding Subsection (a) of this section, to the

3-21     extent that the city considers it practical to do so, the city may

3-22     provide water supply and sewer services to residential retail

3-23     customers in the district and may provide water supply and

3-24     wastewater treatment services to the district, pursuant to mutually

3-25     agreeable contracts or otherwise.  The district is responsible for

3-26     an off-site extension that is required to provide water supply and

3-27     sewer service[, on terms and conditions comparable to other

 4-1     similarly situated customers within the city].

 4-2           SECTION 6.  The terms of the members of the board of

 4-3     directors of the Falcon's Lair Utility and Reclamation District

 4-4     serving on the effective date of this Act who were appointed by the

 4-5     city council of the City of Mesquite, Texas, expire on the first

 4-6     Tuesday after the first Monday in November 1997.  The terms of the

 4-7     remaining members of the board of directors of the Falcon's Lair

 4-8     Utility and Reclamation District serving on the effective date of

 4-9     this Act expire on the first Tuesday after the first Monday in

4-10     November 1999.  Successor directors shall be elected or appointed

4-11     in the manner provided by Section 9, Chapter 935, Acts of the 69th

4-12     Legislature, Regular Session, 1985, as amended by this Act.

4-13           SECTION 7.  (a)  The proper and legal notice of the intention

4-14     to introduce this Act, setting forth the general substance of this

4-15     Act, has been published as provided by law, and the notice and a

4-16     copy of this Act have been furnished to all persons, agencies,

4-17     officials, or entities to which they are required to be furnished

4-18     by the constitution and other laws of this state, including the

4-19     governor, who has submitted the notice and Act to the Texas Natural

4-20     Resource Conservation Commission.

4-21           (b)  The Texas Natural Resource Conservation Commission has

4-22     filed its recommendations relating to this Act with the governor,

4-23     lieutenant governor, and speaker of the house of representatives

4-24     within the required time.

4-25           (c)  All requirements of the constitution and laws of this

4-26     state and the rules and procedures of the legislature with respect

4-27     to the notice, introduction, and passage of this Act are fulfilled

 5-1     and accomplished.

 5-2           SECTION 8.  The importance of this legislation and the

 5-3     crowded condition of the calendars in both houses create an

 5-4     emergency and an imperative public necessity that the

 5-5     constitutional rule requiring bills to be read on three several

 5-6     days in each house be suspended, and this rule is hereby suspended,

 5-7     and that this Act take effect and be in force from and after its

 5-8     passage, and it is so enacted.