By: Eiland H.B. No. 3503
A BILL TO BE ENTITLED
AN ACT
relating to road utility district and navigation district powers of
Galveston County Municipal Utility District No. 52, including the
authority to impose taxes and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "Board" means the board of directors of the
Galveston County Municipal Utility District No. 52.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "District" means Galveston County Municipal
Utility District No. 52.
SECTION 2. FINDING OF BENEFIT AND PUBLIC PURPOSE. (a) 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, and Section 59,
Article XVI, Texas Constitution, and that the district is created
to serve a public use and benefit.
(b) The district exists for the following purposes:
(1) the purposes of a municipal utility district as
provided pursuant to Section 54.012, Water Code;
(2) the purposes of road utility districts created
pursuant to Section 52, Article III, Texas Constitution, and
operating pursuant to Chapter 441, Transportation Code, including
the purpose of constructing, acquiring, improving, maintaining and
operating roads and road facilities as defined in Chapter 441,
Transportation Code; and
(3) the purposes of navigation districts created
pursuant to Section 59, Article XVI, Texas Constitution, and
operating pursuant to Chapters 60 and 62, Water Code.
SECTION 3. CONSTRUCTION OF ACT. 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 54, Water
Code.
SECTION 4. APPLICABILITY OF OTHER LAW. (a) If any
provision of general law relating to road utility districts is in
conflict or inconsistent with this Act or Chapter 49 or 54, Water
Code, this Act and Chapters 49 and 54, Water Code, prevail.
(b) This Act prevails over any provision of general law that
is in conflict or inconsistent with this Act, including any
provision of Chapter 49 or 54, Water Code.
SECTION 5. POWERS OF DISTRICT. The district retains all the
rights, powers, privileges, authority, duties, and functions that
it had before the effective date of this Act.
SECTION 6. SPECIFIC ROAD POWERS OF DISTRICT. (a) The
district may purchase, construct, acquire, own, operate, maintain,
improve or extend inside and outside its boundaries roads and road
facilities as defined in Chapter 441, Transportation Code, as
authorized by Section 52, Article III, of the Texas Constitution.
(b) In accordance with Article III, Section 52, of the Texas
Constitution, the district has the power and authority to issue
bonds, notes, and other obligations or otherwise lend its credit
and levy and collect taxes to pay the interest thereon and provide a
sinking fund for the redemption thereof for the construction,
purchase, maintenance and operation of roads and road facilities.
The total amount of bonds issued for such purpose may not exceed
one-fourth of the assessed market value of real property of the
district as determined by the chief appraiser of the appraisal
district that appraises property for the district.
(c) The roads and road facilities may include drainage,
landscaping and pedestrian improvements and lights, signs, or
signals that are incidental thereto and their construction,
maintenance, or operation.
(d) The roads and road facilities authorized by this section
must meet all applicable construction standards, zoning and
subdivision requirements, and regulatory ordinances of the
municipality or county in whose jurisdiction the road or road
facility is located.
(e) On completion of a road or road facility authorized by
this section, the district, with the consent of a municipality or
county, may convey that road or road facility to the municipality or
county, provided the conveyance is free of all indebtedness of the
district. If a municipality or county becomes the owner of a road
or road facility, the municipality or county is responsible for all
future maintenance and upkeep, and the district has no further
responsibility for the road or road facility or its maintenance or
upkeep, unless otherwise agreed to by the district and the
municipality or county.
(f) The district may contract with a state agency, political
subdivision, or corporation created under Chapter 431,
Transportation Code, for a joint road or road facility. The
district may issue bonds to pay all or part of the costs of the road
or road facility and any other payments required pursuant to the
contract. The contract may:
(1) provide for joint payment of the costs of the road
or road facility; and
(2) require the state agency, political subdivision,
or corporation to design, construct, or improve a road or road
facility as provided by the contract.
(g) The district may agree to:
(1) reimburse a private person for money spent to
construct a road or road facility that has been or will be dedicated
or otherwise transferred to public use; or
(2) purchase a road or road facility constructed by a
private person.
(h) The amount paid for the reimbursement or purchase of a
road or road facility:
(1) may include all construction costs, including
engineering, legal, financing, and other expenses incident to the
construction; or
(2) may be at a price not to exceed the replacement
cost of the road or road facilities as determined by the board; and
(3) may be paid with proceeds from the sale of the
district's bonds or from any other money available to the district.
(i) The district may enter into an agreement to use the
proceeds of a subsequent bond sale for reimbursing all construction
costs, engineering and other expenses, and financing costs incident
to construction or acquisition of a road or an interest in a road to
a private person who constructs or acquires a road or road facility
that benefits the district pursuant to the agreement. The
agreement may provide the terms and conditions under which the road
or road facility will be dedicated or transferred for the benefit of
the public and to pay or reimburse the cost of constructing or
acquiring the road.
SECTION 7. SPECIFIC NAVIGATION POWERS OF DISTRICT. The
district may purchase, construct, acquire, own, operate, maintain,
improve or extend inside and outside its boundaries canals,
waterways, bulkheads, docks, and any other improvements or
facilities necessary or convenient to accomplish the navigation
purposes of the district authorized by Section 59, Article XVI, of
the Texas Constitution.
SECTION 8. AUTHORITY OF COMMISSION OVER ISSUANCE OF
DISTRICT BONDS. (a) Sections 49.181 and 49.182, Water Code, apply
to all water, wastewater, drainage, and recreational facility
projects of the district and bonds issued therefor.
(b) Section 49.181, Water Code, applies to all road and road
facility projects and navigation projects and bonds issued
therefore; however, the commission's review of such projects shall
be limited to the financial feasibility of such projects and bonds
and shall not include the review or approval of the design and
construction of such projects or the engineering feasibility of
such projects, and the requirements of written applications for
investigation of feasibility shall be adjusted accordingly.
(c) Section 49.182, Water Code, does not apply to road and
road facility projects and navigation projects and bonds issued
therefor.
(d) Projects and bonds of the district are not subject to
the review and approval of the Texas Transportation Commission or
the rules promulgated by the Texas Transportation Commission.
SECTION 9. ELECTIONS REGARDING TAXES OR BONDS FOR ROADS.
The district may issue bonds, notes, and other obligations to
finance roads and road facilities under Section 52(b)(3), Article
III, of the Texas Constitution, secured in whole or in part by ad
valorem taxation and impose ad valorem taxes to pay the principal of
and interest on those obligations and provide a sinking fund for the
redemption 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 10. EMINENT DOMAIN. The district shall obtain the
written consent of the city of Texas City, Texas, prior to
exercising its power of eminent domain.
SECTION 11. ADDITIONAL LEGISLATIVE FINDINGS. The
legislature finds that:
(1) 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 laws of this state, including the governor,
who has submitted the notice and Act to the commission;
(2) the commission has filed its recommendations
relating to this Act with the governor, lieutenant governor, and
speaker of the house of representatives within the required time;
(3) the general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, road, and navigation powers and the inclusion of land
in those districts has been complied with; and
(4) 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 have
been fulfilled and accomplished..
SECTION 12. EFFECTIVE DATE. 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, 2005.