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.