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2003S0758-1 03/24/03
By: Janek S.B. No. 1884
A BILL TO BE ENTITLED
AN ACT
relating to the assumption of road utility district authority by
the Sienna Plantation Levee Improvement District of Fort Bend
County, Texas, including the authority to impose taxes and issue
bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. AUTHORITY. The Sienna Plantation Levee
Improvement District of Fort Bend County, Texas, is granted road
utility district authority under Section 52(b)(3), Article III,
Texas Constitution, and Chapter 441, Transportation Code,
including the authority to repair and maintain streets and roadways
in the district. In addition, the district has the powers of a
metropolitan rapid transit authority under Section 451.065,
Transportation Code, provided, however, that Section 451.065(d),
Transportation Code, shall not apply to the district.
SECTION 2. DEFINITIONS. In this Act:
(1) "Board" means the board of directors of the Sienna
Plantation Levee Improvement District of Fort Bend County, Texas.
(2) "City" means the City of Missouri City, Texas.
(3) "District" means the Sienna Plantation Levee
Improvement District of Fort Bend County, Texas.
SECTION 3. FINDING OF BENEFIT. The legislature finds that
all of the land and other property included within the boundaries of
the district will be benefited by the works and projects that are to
be accomplished by the district under the powers conferred by
Section 52, Article III, Texas Constitution, and that the district
is created to serve a public use and benefit.
SECTION 4. EXEMPTION FROM CERTAIN LAW. Subchapters B, C, D,
G, H, K, and L, Chapter 441, Transportation Code, are not applicable
to the district.
SECTION 5. POWERS. Without limitation of the powers of the
district existing before the effective date of this Act, the
district has all of the rights, powers, privileges, authority,
duties, and functions conferred by the general law of this state,
including Chapter 441, Transportation Code, applicable to road
utility districts created under Section 52, Article III, Texas
Constitution, including the authority to impose taxes, to the
extent those provisions can be made applicable. If any provision of
general law relating to road utility districts is in conflict with
or inconsistent with this Act or Chapter 49 or 57, Water Code, this
Act and Chapters 49 and 57, Water Code, prevail. This Act prevails
over any provision of general law that is in conflict with or
inconsistent with this Act, including any provision of Chapter 49
or 57, Water Code.
SECTION 6. PROJECTS. (a) The district may construct,
acquire, improve, maintain, and operate macadamized, graveled, or
paved roads and turnpikes or improvements in aid of those roads or
turnpikes, within the boundaries of the district, to the extent
authorized by Section 52, Article III, Texas Constitution.
(b) The works, facilities, or improvements may include
drainage or landscaping improvements and lights, signs, or signals
that are incidental to the roads and turnpikes and their
construction, maintenance, or operation.
(c) A project authorized by this section must meet all
applicable construction standards, zoning and subdivision
requirements, and regulatory ordinances of the city in which it is
located.
(d) On completion of any project authorized by this Act, the
district, with the consent of the city, may convey that project to
the city if the conveyance is free of all indebtedness of the
district. If the city becomes the owner of a project, the city is
responsible for all future maintenance, operation, and upkeep of
the project, and the district has no further responsibility for the
project or its maintenance, operation, or upkeep.
SECTION 7. JOINT PROJECT. (a) A district contract with a
state agency, a political subdivision, or a corporation created
under Chapter 431, Transportation Code, may:
(1) provide for joint payment of the costs of a
project; and
(2) require the state agency, political subdivision,
or corporation to design, construct, or improve a project as
provided by the contract, including the landscaping of the project.
(b) The district may issue bonds to pay all or part of the
costs of the project and any other payments required under the
contract.
SECTION 8. BONDS. The district may issue bonds, notes, and
other obligations secured by revenues or contract payments from any
lawful source other than ad valorem taxation without an election.
The district may issue bonds, notes, and other obligations secured
in whole or in part by ad valorem taxation, and levy ad valorem
taxes for the payment thereof, only if the issuance is approved by a
two-thirds majority of the voters of the district voting at an
election called and held for that purpose.
SECTION 9. MAINTENANCE TAX. The district may impose a
maintenance tax in an amount not to exceed 25 cents on each $100 of
assessed valuation of property in the district to be used for any
authorized purpose of the district if the authority to impose the
tax is approved by a majority of the voters of the district voting
at an election on that proposition.
SECTION 10. DISTRICT CONTRACTS. (a) The district may make
contracts in the same manner as a road utility district under
Subchapter E, Chapter 441, Transportation Code.
(b) The competitive bidding requirements of Section 49.273,
Water Code, apply to the district. Subchapter E, Chapter 441,
Transportation Code, does not apply to the district.
SECTION 11. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act on behalf of the district in implementing a project
or providing a service authorized by this Act.
(b) The board shall appoint the board of directors of a
nonprofit corporation created under this section. The board of
directors of the nonprofit corporation shall serve in the same
manner as the board of directors of a local government corporation
created under Chapter 431, Transportation Code.
(c) A nonprofit corporation created under this section has
the powers of and is considered for purposes of this Act to be a
local government corporation created under Chapter 431,
Transportation Code.
(d) A nonprofit corporation created under this section may
implement any project and provide any service authorized by this
Act.
SECTION 12. SUIT AND JUDGMENT. (a) The district, through
its board and in the name of the district, may sue and be sued in a
state court. Process in a suit may be served on the presiding
officer of the board.
(b) A state court shall take judicial notice of the creation
of the board.
(c) A state court that renders a money judgment against the
district may require the board to pay the judgment from money in the
district depository that is not dedicated to the payment of the
district indebtedness. If the voters of the district have
specifically authorized the levy of taxes for the payment of
judgments, the court may issue a writ of mandamus to compel the
district to levy the tax to pay the judgment at once or in
installments. A court may not require the board to pay a judgment
rendered on a breach of contract claim if the contractor has been
paid, either by the district or a third party, the bid price of the
contract plus any change orders actually approved by the board in
writing.
SECTION 13. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
(a) The proper and legal notice of the intention to introduce this
Act, setting forth the general substance of this Act, has been
published as provided by law, and the notice and a copy of this Act
have been furnished to all persons, agencies, officials, or
entities to which they are required to be furnished by the
constitution and other laws of this state, including the governor,
who has submitted the notice and a copy of the Act to the Texas
Commission on Environmental Quality.
(b) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(c) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 14. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2003.