1-1     By:  Brown                                            S.B. No. 1796
 1-2           (In the Senate - Filed April 6, 2001; April 10, 2001, read
 1-3     first time and referred to Committee on Intergovernmental
 1-4     Relations; April 25, 2001, reported favorably by the following
 1-5     vote:  Yeas 5, Nays 0; April 25, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the assumption of road utility district authority by
 1-9     the Baybrook Municipal Utility District No. 1, including the
1-10     authority to impose taxes and issue bonds.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  AUTHORITY.  The Baybrook Municipal Utility
1-13     District No. 1 is granted road utility district authority under
1-14     Section 52(b)(3), Article III, Texas Constitution, and Chapter 441,
1-15     Transportation Code, including the authority to repair and maintain
1-16     streets and roadways in the district.  In addition, the district
1-17     has the powers of a metropolitan rapid transit authority under
1-18     Section 451.065, Transportation Code, but the district is not
1-19     subject to the municipal consent or municipal contract requirements
1-20     of Subsection (d) of that section.
1-21           SECTION 2.  DEFINITIONS.  In this Act:
1-22                 (1)  "Board" means the board of directors of the
1-23     Baybrook Municipal Utility District No. 1.
1-24                 (2)  "City" means the City of Houston, Texas.
1-25                 (3)  "District" means the Baybrook Municipal Utility
1-26     District No. 1.
1-27           SECTION 3.  FINDING OF BENEFIT.  The legislature finds that
1-28     all of the land and other property included within the boundaries
1-29     of the district will be benefited by the works and projects that
1-30     are to be accomplished by the district under the powers conferred
1-31     by Section 52, Article III, Texas Constitution, and that the
1-32     district is created to serve a public use and benefit.
1-33           SECTION 4.  EXEMPTION FROM CERTAIN LAW.  The district is not
1-34     subject to the requirements of Subchapter B or C, Chapter 441,
1-35     Transportation Code.
1-36           SECTION 5.  POWERS.  The district has all of the rights,
1-37     powers, privileges, authority, duties, and functions conferred by
1-38     the general law of this state, including Chapter 441,
1-39     Transportation Code, applicable to road utility districts created
1-40     under Section 52, Article III, Texas Constitution, to the extent
1-41     those provisions can be made applicable.  If any provision of
1-42     general law relating to road utility districts is in conflict or
1-43     inconsistent with this Act or Chapter 49 or 54, Water Code, this
1-44     Act and Chapters 49 and 54, Water Code, prevail.  This Act prevails
1-45     over any provision of general law that is in conflict or
1-46     inconsistent with this Act, including any provision of Chapter 49
1-47     or 54, Water Code.
1-48           SECTION 6.  PROJECTS.  (a)  The district may construct,
1-49     acquire, improve, maintain, and operate macadamized, graveled, or
1-50     paved roads and turnpikes or improvements in aid of those roads or
1-51     turnpikes, within the boundaries of the district, to the extent
1-52     authorized by Section 52, Article III, Texas Constitution.
1-53           (b)  The works, facilities, or improvements may include
1-54     drainage or landscaping improvements and lights, signs, or signals
1-55     that are incidental to those roads and turnpikes and their
1-56     construction, maintenance, or operation.
1-57           (c)  A project authorized by this section must meet all
1-58     applicable construction standards, zoning and subdivision
1-59     requirements, and regulatory ordinances of the city.
1-60           (d)  On completion of any project authorized by this Act, the
1-61     district, with the consent of the city, may convey that project to
1-62     the city, provided the conveyance is free of all indebtedness of
1-63     the district.  If the city becomes the owner of a project, the city
1-64     is responsible for all future maintenance and upkeep, and the
 2-1     district has no further responsibility for the project or its
 2-2     maintenance or upkeep.
 2-3           SECTION 7.  BONDS.  The district may issue bonds, notes, and
 2-4     other obligations secured by revenues or contract payments from any
 2-5     lawful source other than ad valorem taxation without an election.
 2-6     The district may issue bonds, notes, and other obligations secured
 2-7     in whole or in part by ad valorem taxation only if the issuance is
 2-8     approved by a two-thirds majority of the voters of the district
 2-9     voting at an election called and held for that purpose.
2-10           SECTION 8.  MAINTENANCE TAX.  The district may impose a
2-11     maintenance tax in an amount not to exceed 25 cents on each $100 of
2-12     assessed valuation of property in the district to be used for any
2-13     authorized purpose of the district if the authority to impose the
2-14     tax is approved by a majority of the voters of the district voting
2-15     at an election on that proposition.
2-16           SECTION 9.  DISTRICT CONTRACTS.  The district may make
2-17     contracts in the same manner as a road utility district under
2-18     Subchapter E, Chapter 441, Transportation Code.
2-19           SECTION 10.  FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
2-20     (a)  The proper and legal notice of the intention to introduce this
2-21     Act, setting forth the general substance of this Act, has been
2-22     published as provided by law, and the notice and a copy of this Act
2-23     have been furnished to all persons, agencies, officials, or
2-24     entities to which they are required to be furnished by the
2-25     constitution and other laws of this state, including the governor,
2-26     who has submitted the notice and a copy of the Act to the Texas
2-27     Natural Resource Conservation Commission.
2-28           (b)  The Texas Natural Resource Conservation Commission has
2-29     filed its recommendations relating to this Act with the governor,
2-30     lieutenant governor, and speaker of the house of representatives
2-31     within the required time.
2-32           (c)  All requirements of the constitution and laws of this
2-33     state and the rules and procedures of the legislature with respect
2-34     to the notice, introduction, and passage of this Act are fulfilled
2-35     and accomplished.
2-36           SECTION 11.  This Act takes effect immediately if it receives
2-37     a vote of two-thirds of all the members elected to each house, as
2-38     provided by Section 39, Article III, Texas Constitution.  If this
2-39     Act does not receive the vote necessary for immediate effect, this
2-40     Act takes effect September 1, 2001.
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