By Brown                                              S.B. No. 1796
         77R9781 SGA-F                           
                                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 is granted road utility district authority under Section
 1-8     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
 2-1     by Section 52, Article III, Texas Constitution, and that the
 2-2     district is created to serve a public use and benefit.
 2-3           SECTION 4.  EXEMPTION FROM CERTAIN LAW. The district is not
 2-4     subject to the requirements of Subchapter B or C, Chapter 441,
 2-5     Transportation Code.
 2-6           SECTION 5. POWERS. The district has all of the rights,
 2-7     powers, privileges, authority, duties, and functions conferred by
 2-8     the general law of this state, including Chapter 441,
 2-9     Transportation Code, applicable to road utility districts created
2-10     under Section 52, Article III, Texas Constitution, to the extent
2-11     those provisions can be made applicable.  If any provision of
2-12     general law relating to road utility districts is in conflict or
2-13     inconsistent with this Act or Chapter 49 or 54, Water Code, this
2-14     Act and Chapters 49 and 54, Water Code, prevail. This Act prevails
2-15     over any provision of general law that is in conflict or
2-16     inconsistent with this Act, including any provision of Chapter 49
2-17     or 54, Water Code.
2-18           SECTION 6.  PROJECTS. (a)  The district may construct,
2-19     acquire, improve, maintain, and operate macadamized, graveled, or
2-20     paved roads and turnpikes or improvements in aid of those roads or
2-21     turnpikes, within the boundaries of the district, to the extent
2-22     authorized by Section 52, Article III, Texas Constitution.
2-23           (b)  The works, facilities, or improvements may include
2-24     drainage or landscaping improvements and lights, signs, or signals
2-25     that are incidental to those roads and turnpikes and their
2-26     construction, maintenance, or operation.
2-27           (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. (a)
3-27     The proper and legal notice of the intention to introduce this Act,
 4-1     setting forth the general substance of this Act, has been published
 4-2     as provided by law, and the notice and a copy of this Act have been
 4-3     furnished to all persons, agencies, officials, or entities to which
 4-4     they are required to be furnished by the constitution and other
 4-5     laws of this state, including the governor, who has submitted the
 4-6     notice and Act to the Texas Natural Resource Conservation
 4-7     Commission.
 4-8           (b)  The Texas Natural Resource Conservation Commission has
 4-9     filed its recommendations relating to this Act with the governor,
4-10     lieutenant governor, and speaker of the house of representatives
4-11     within the required time.
4-12           (c)  All requirements of the constitution and laws of this
4-13     state and the rules and procedures of the legislature with respect
4-14     to the notice, introduction, and passage of this Act are fulfilled
4-15     and accomplished.
4-16           SECTION 11.  This Act takes effect immediately if it receives
4-17     a vote of two-thirds of all the members elected to each house, as
4-18     provided by Section 39, Article III, Texas Constitution.  If this
4-19     Act does not receive the vote necessary for immediate effect, this
4-20     Act takes effect September 1, 2001.