1-1 By: Carona S.B. No. 1949
1-2 (In the Senate - Filed May 8, 1997; May 9, 1997, read first
1-3 time and referred to Committee on Natural Resources; May 15, 1997,
1-4 reported favorably by the following vote: Yeas 11, Nays 0;
1-5 May 15, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the powers, duties, administration, financing, and
1-9 operation of the Falcon's Lair Utility and Reclamation District;
1-10 granting the authority to issue bonds.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 9, Chapter 935, Acts of the 69th
1-13 Legislature, Regular Session, 1985, is amended by amending
1-14 Subsection (f) and adding Subsection (h) to read as follows:
1-15 (f) After the confirmation and directors' election, a
1-16 regular directors' election shall be held on the first Tuesday
1-17 after the first Monday [Saturday] in November of [April in] each
1-18 odd-numbered [even-numbered] year to elect the appropriate number
1-19 of directors.
1-20 (h) The city may not be found liable for an act relating to
1-21 a district obligation or the operation of the district because of
1-22 an appointment of a director made by the city as prescribed by
1-23 Subsection (d) of this section.
1-24 SECTION 2. Section 19, Chapter 935, Acts of the 69th
1-25 Legislature, Regular Session, 1985, is amended by adding
1-26 Subsections (d) and (e) to read as follows:
1-27 (d) For the payment of all or part of the costs of an
1-28 improvement project or services under Section 20A of this Act, the
1-29 board may issue bonds in one or more series payable from and
1-30 secured by ad valorem taxes, assessments, impact fees, revenues,
1-31 grants, gifts, contracts, or leases or any combination of those
1-32 funds. Bonds may be liens on all or part of the revenue derived
1-33 from improvements authorized under Section 20A of this Act,
1-34 including installment payments of special assessments or from any
1-35 other source pledged to their payment.
1-36 (e) Sections 375.202 through 375.206, Local Government Code,
1-37 apply to bonds issued under Subsection (d) of this section.
1-38 SECTION 3. Chapter 935, Acts of the 69th Legislature,
1-39 Regular Session, 1985, is amended by adding Section 19A to read as
1-40 follows:
1-41 Sec. 19A. OBLIGATIONS. (a) The principal amount of the
1-42 district's obligations that are payable from assessments imposed by
1-43 the district may be in an amount that does not exceed the aggregate
1-44 appraised value of the property in the district, as established by
1-45 an independent appraisal by a member of the Appraisal Institute.
1-46 (b) The appraised value of the property in the district
1-47 established for ad valorem tax purposes may not be considered a
1-48 limitation on the principal amount of the obligations that may be
1-49 issued by the district under Subsection (a) of this section.
1-50 (c) The city is not required to pay the principal of and
1-51 interest on an obligation issued by the district.
1-52 (d) In this section, "obligation" means a bond, note,
1-53 lease-purchase agreement, or installment sale obligation of the
1-54 district.
1-55 SECTION 4. Chapter 935, Acts of the 69th Legislature,
1-56 Regular Session, 1985, is amended by adding Section 20A to read as
1-57 follows:
1-58 Sec. 20A. ASSESSMENTS. (a) The board may undertake an
1-59 improvement project or service that confers a special benefit on
1-60 all or a definable part of the district.
1-61 (b) The board may levy and collect special assessments on
1-62 property in the area described by Subsection (a) of this section,
1-63 based on the benefit conferred by the improvement project or
1-64 service, to pay all or part of the cost of the project or service.
2-1 If the board determines there is a benefit to the district, the
2-2 district may provide an improvement or service to an area outside
2-3 the boundaries of the district.
2-4 (c) An improvement project or service provided by the
2-5 district may include the acquisition, construction, or financing of
2-6 recreational facilities, water, wastewater, or drainage facilities,
2-7 streets, sidewalks, or roadways.
2-8 (d) Sections 375.113 through 375.124, Local Government Code,
2-9 apply to the financing of an improvement project or service under
2-10 this subsection.
2-11 SECTION 5. Subsection (b), Section 23, Chapter 935, Acts of
2-12 the 69th Legislature, Regular Session, 1985, is amended to read as
2-13 follows:
2-14 (b) Notwithstanding Subsection (a) of this section, to the
2-15 extent that the city considers it practical to do so, the city may
2-16 provide water supply and sewer services to residential retail
2-17 customers in the district and may provide water supply and
2-18 wastewater treatment services to the district, pursuant to mutually
2-19 agreeable contracts or otherwise. The district is responsible for
2-20 an off-site extension that is required to provide water supply and
2-21 sewer service[, on terms and conditions comparable to other
2-22 similarly situated customers within the city].
2-23 SECTION 6. The terms of the members of the board of
2-24 directors of the Falcon's Lair Utility and Reclamation District
2-25 serving on the effective date of this Act who were appointed by the
2-26 city council of the City of Mesquite, Texas, expire on the first
2-27 Tuesday after the first Monday in November, 1997. The terms of the
2-28 remaining members of the board of directors of the Falcon's Lair
2-29 Utility and Reclamation District serving on the effective date of
2-30 this Act expire on the first Tuesday after the first Monday in
2-31 November, 1999. Successor directors shall be elected or appointed
2-32 in the manner provided by Section 9, Chapter 935, Acts of the 69th
2-33 Legislature, Regular Session, 1985, as amended by this Act.
2-34 SECTION 7. (a) The proper and legal notice of the intention
2-35 to introduce this Act, setting forth the general substance of this
2-36 Act, has been published as provided by law, and the notice and a
2-37 copy of this Act have been furnished to all persons, agencies,
2-38 officials, or entities to which they are required to be furnished
2-39 by the constitution and other laws of this state, including the
2-40 governor, who has submitted the notice and Act to the Texas Natural
2-41 Resource Conservation Commission.
2-42 (b) The Texas Natural Resource Conservation Commission has
2-43 filed its recommendations relating to this Act with the governor,
2-44 lieutenant governor, and speaker of the house of representatives
2-45 within the required time.
2-46 (c) All requirements of the constitution and laws of this
2-47 state and the rules and procedures of the legislature with respect
2-48 to the notice, introduction, and passage of this Act are fulfilled
2-49 and accomplished.
2-50 SECTION 8. The importance of this legislation and the
2-51 crowded condition of the calendars in both houses create an
2-52 emergency and an imperative public necessity that the
2-53 constitutional rule requiring bills to be read on three several
2-54 days in each house be suspended, and this rule is hereby suspended,
2-55 and that this Act take effect and be in force from and after its
2-56 passage, and it is so enacted.
2-57 * * * * *