By: Jackson S.B. No. 1807
A BILL TO BE ENTITLED
AN ACT
relating to the power and duties of the Galveston County Municipal
Utility District No. 52.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8148 to read as follows:
CHAPTER 8148. GALVESTON COUNTY MUNICIPAL UTILITY DISTRICT
NO. 52
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8148.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Galveston County Municipal
Utility District No. 52.
Sec. 8148.002. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) All land and other property included in the district will
benefit from the works and projects to be provided by the district
under powers conferred by Section 52, Article III, and Section 59,
Article XVI, Texas Constitution.
(b) The district exists for the same purposes as:
(1) a municipal utility district as provided by
Section 54.012, Water Code;
(2) a road utility district created under Section 52,
Article III, Texas Constitution, and operating under Chapter 441,
Transportation Code, including the purpose of constructing,
acquiring, improving, maintaining and operating roads and road
facilities; and
(3) a navigation district created under Section 59,
Article XVI, Texas Constitution, and operating under Chapters 60
and 62, Water Code.
[Sections 8148.003-8148.050 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES
Sec. 8148.051. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8148.052. NAVIGATION POWERS. The district may
purchase, construct, acquire, own, operate, maintain, improve, or
extend, inside and outside the district, 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, Texas
Constitution.
Sec. 8148.053. ROAD PROJECTS. (a) As authorized by
Section 52, Article III, Texas Constitution, the district may
construct, acquire, improve, maintain, or operate, inside and
outside the district, roads and road facilities as defined by
Chapter 441, Transportation Code.
(b) The roads and road facilities authorized by Subsection
(a) may include drainage, landscaping, pedestrian improvements,
lights, signs, or signals that are incidental to the roads and their
construction, maintenance, or operation.
(c) 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.
(d) On completion of a road or road facility authorized by
this section, the district, with the consent of the municipality or
county, may convey the road or road facility to the municipality or
county if the conveyance is free of all indebtedness of the
district. If the 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.
Sec. 8148.054. JOINT ROAD PROJECTS. (a) A district may
contract with a state agency, political subdivision, or corporation
created under Chapter 431, Transportation Code, for a joint road
project.
(b) The contract may:
(1) provide for joint payment of project costs; and
(2) require the state agency, political subdivision,
or corporation to design, construct, or improve a project as
provided by the contract.
Sec. 8148.055. REIMBURSEMENT FOR ROAD PROJECT. (a) The
district may:
(1) reimburse a private person for money spent to
construct a road or road facility that is dedicated or otherwise
transferred to public use; or
(2) purchase a road or road facility constructed by a
private person.
(b) The amount paid for the reimbursement or for the
purchase of a road or road facility under Subsection (a) may:
(1) include all construction costs, including
engineering, legal, financing, and other expenses incident to the
construction; or
(2) be at a price not to exceed the replacement cost of
the road or road facility as determined by the board.
(c) The reimbursement or purchase of a road or road facility
may be paid for with proceeds from the sale of the district's bonds
or from any other money available to the district.
(d) The district may enter into an agreement to use the
proceeds of a subsequent bond sale to reimburse a private person
under this section. The agreement may provide the terms and
conditions under which the road or road facility is to be dedicated
or transferred for the benefit of the public.
Sec. 8148.056. EMINENT DOMAIN. The district must obtain
the written consent of the City of Texas City, Texas, before
exercising the power of eminent domain.
[Sections 8148.057-8148.100 reserved for expansion]
SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
Sec. 8148.101. ELECTIONS REGARDING TAXES OR BONDS. The
district may issue bonds or other obligations to finance road
projects under Section 52(b)(3), Article III, Texas Constitution,
secured wholly or partly by ad valorem taxation, impose ad valorem
taxes to pay the principal of and interest on the obligations, and
provide a sinking fund for the redemption of the obligations 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.
The total amount of bonds issued under this section 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.
[Sections 8148.102-8148.150 reserved for expansion]
SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS
Sec. 8148.151. BONDS FOR CONTRACT COSTS. If the district
enters into a contract under Section 8148.054, the district may
issue bonds to pay all or part of the costs of the joint road project
and any other payments required under the contract.
Sec. 8148.152. AUTHORITY OF TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY 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 for those purposes.
(b) Section 49.181, Water Code, applies to all road and road
facility projects and navigation projects and bonds issued for
those purposes, but the review of the Texas Commission on
Environmental Quality of the projects is limited to the financial
feasibility of the projects and bonds and does not include the
review or approval of the design and construction of the projects or
the engineering feasibility of the projects. The commission shall
adjust the requirements of written applications for investigation
of feasibility in accordance with this subsection.
(c) Section 49.182, Water Code, does not apply to road and
road facility projects, navigation projects, or bonds issued for
those purposes.
(d) Projects and bonds of the district are not subject to
the review and approval of the Texas Transportation Commission or
the rules adopted by the Texas Transportation Commission.
SECTION 2. (a) The 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
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) 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 3. 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.