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. 2-41 * * * * *