By: Brown S.B. No. 1796 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the assumption of road utility district authority by 1-3 the Baybrook Municipal Utility District No. 1, including the 1-4 authority to impose taxes and issue bonds. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. AUTHORITY. The Baybrook Municipal Utility 1-7 District No. 1 is granted road utility district authority under 1-8 Section 52(b)(3), Article III, Texas Constitution, and Chapter 441, 1-9 Transportation Code, including the authority to repair and maintain 1-10 streets and roadways in the district. In addition, the district 1-11 has the powers of a metropolitan rapid transit authority under 1-12 Section 451.065, Transportation Code, but the district is not 1-13 subject to the municipal consent or municipal contract requirements 1-14 of Subsection (d) of that section. 1-15 SECTION 2. DEFINITIONS. In this Act: 1-16 (1) "Board" means the board of directors of the 1-17 Baybrook Municipal Utility District No. 1. 1-18 (2) "City" means the City of Houston, Texas. 1-19 (3) "District" means the Baybrook Municipal Utility 1-20 District No. 1. 1-21 SECTION 3. FINDING OF BENEFIT. The legislature finds that 1-22 all of the land and other property included within the boundaries 1-23 of the district will be benefited by the works and projects that 1-24 are to be accomplished by the district under the powers conferred 1-25 by Section 52, Article III, Texas Constitution, and that the 2-1 district is created to serve a public use and benefit. 2-2 SECTION 4. EXEMPTION FROM CERTAIN LAW. The district is not 2-3 subject to the requirements of Subchapter B or C, Chapter 441, 2-4 Transportation Code. 2-5 SECTION 5. POWERS. The district has all of the rights, 2-6 powers, privileges, authority, duties, and functions conferred by 2-7 the general law of this state, including Chapter 441, 2-8 Transportation Code, applicable to road utility districts created 2-9 under Section 52, Article III, Texas Constitution, to the extent 2-10 those provisions can be made applicable. If any provision of 2-11 general law relating to road utility districts is in conflict or 2-12 inconsistent with this Act or Chapter 49 or 54, Water Code, this 2-13 Act and Chapters 49 and 54, Water Code, prevail. This Act prevails 2-14 over any provision of general law that is in conflict or 2-15 inconsistent with this Act, including any provision of Chapter 49 2-16 or 54, Water Code. 2-17 SECTION 6. PROJECTS. (a) The district may construct, 2-18 acquire, improve, maintain, and operate macadamized, graveled, or 2-19 paved roads and turnpikes or improvements in aid of those roads or 2-20 turnpikes, within the boundaries of the district, to the extent 2-21 authorized by Section 52, Article III, Texas Constitution. 2-22 (b) The works, facilities, or improvements may include 2-23 drainage or landscaping improvements and lights, signs, or signals 2-24 that are incidental to those roads and turnpikes and their 2-25 construction, maintenance, or operation. 2-26 (c) A project authorized by this section must meet all 3-1 applicable construction standards, zoning and subdivision 3-2 requirements, and regulatory ordinances of the city. 3-3 (d) On completion of any project authorized by this Act, the 3-4 district, with the consent of the city, may convey that project to 3-5 the city, provided the conveyance is free of all indebtedness of 3-6 the district. If the city becomes the owner of a project, the city 3-7 is responsible for all future maintenance and upkeep, and the 3-8 district has no further responsibility for the project or its 3-9 maintenance or upkeep. 3-10 SECTION 7. BONDS. The district may issue bonds, notes, and 3-11 other obligations secured by revenues or contract payments from any 3-12 lawful source other than ad valorem taxation without an election. 3-13 The district may issue bonds, notes, and other obligations secured 3-14 in whole or in part by ad valorem taxation only if the issuance is 3-15 approved by a two-thirds majority of the voters of the district 3-16 voting at an election called and held for that purpose. 3-17 SECTION 8. MAINTENANCE TAX. The district may impose a 3-18 maintenance tax in an amount not to exceed 25 cents on each $100 of 3-19 assessed valuation of property in the district to be used for any 3-20 authorized purpose of the district if the authority to impose the 3-21 tax is approved by a majority of the voters of the district voting 3-22 at an election on that proposition. 3-23 SECTION 9. DISTRICT CONTRACTS. The district may make 3-24 contracts in the same manner as a road utility district under 3-25 Subchapter E, Chapter 441, Transportation Code. 3-26 SECTION 10. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS. 4-1 (a) The proper and legal notice of the intention to introduce this 4-2 Act, setting forth the general substance of this Act, has been 4-3 published as provided by law, and the notice and a copy of this Act 4-4 have been furnished to all persons, agencies, officials, or 4-5 entities to which they are required to be furnished by the 4-6 constitution and other laws of this state, including the governor, 4-7 who has submitted the notice and a copy of the Act to the Texas 4-8 Natural Resource Conservation Commission. 4-9 (b) The Texas Natural Resource Conservation Commission has 4-10 filed its recommendations relating to this Act with the governor, 4-11 lieutenant governor, and speaker of the house of representatives 4-12 within the required time. 4-13 (c) All requirements of the constitution and laws of this 4-14 state and the rules and procedures of the legislature with respect 4-15 to the notice, introduction, and passage of this Act are fulfilled 4-16 and accomplished. 4-17 SECTION 11. This Act takes effect immediately if it receives 4-18 a vote of two-thirds of all the members elected to each house, as 4-19 provided by Section 39, Article III, Texas Constitution. If this 4-20 Act does not receive the vote necessary for immediate effect, this 4-21 Act takes effect September 1, 2001.