S.B. No. 1864
relating to the powers of the Galveston County Municipal Utility
District No. 51, including powers related to the construction,
maintenance, operation, and financing of roads or turnpikes.
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 8130 to read as follows:
CHAPTER 8130. GALVESTON COUNTY MUNICIPAL UTILITY
DISTRICT NO. 51
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8130.001. DEFINITION. In this chapter, "district"
means the Galveston County Municipal Utility District No. 51.
Sec. 8130.002. NATURE OF DISTRICT. The district is a
municipal utility district in Galveston County created under and
essential to accomplish the purposes of Section 59, Article XVI,
Sec. 8130.003. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, the following laws apply to the
(1) Chapters 49 and 54, Water Code, including
Subchapter J, Chapter 54, Water Code, notwithstanding the
limitation on authorization based on acreage under Section 54.801
of that code; and
(2) Section 52(b)(3), Article III, Texas
[Sections 8130.004-8130.050 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES
Sec. 8130.051. ROAD PROJECTS. (a) The district may
construct, acquire, improve, maintain, or operate macadamized,
graveled, or paved roads or turnpikes, or improvements in aid of
those roads or turnpikes, inside the district.
(b) A road project must meet all applicable construction
standards, zoning and subdivision requirements, and regulatory
ordinances of the municipality or county in whose jurisdiction the
district is located.
(c) The district may not undertake a road project unless
each municipality or county in whose jurisdiction the district is
located consents by ordinance or resolution.
Sec. 8130.052. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section
54.016, Water Code, the district shall comply with all applicable
requirements of any ordinance or resolution adopted by the city
council of the City of Kemah, including an ordinance or resolution
adopted before September 1, 2005, that consents to the creation of
the district or to the inclusion of lands within the district.
[Sections 8130.053-8130.100 reserved for expansion]
SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
Sec. 8130.101. TAX TO REPAY BONDS FOR ROAD PROJECTS. The
district may impose a tax to pay the principal of or interest on
bonds issued under Section 8130.151.
[Sections 8130.102-8130.150 reserved for expansion]
SUBCHAPTER D. BONDS
Sec. 8130.151. AUTHORITY TO ISSUE BONDS FOR ROAD PROJECTS.
(a) The district may issue bonds or other obligations as provided
by Chapters 49 and 54, Water Code, to finance the construction,
maintenance, or operation of projects under Section 8130.051.
(b) The district may not issue bonds or other obligations
secured in whole or in part by ad valorem taxation to finance
projects authorized by Section 8130.051 unless the issuance is
approved by a vote of a two-thirds majority of the voters of the
district or of the defined area to be benefited by the project as
provided by Subchapter J, Chapter 54, Water Code, voting at an
election called for that purpose. The simple majority vote
approval required by Section 54.808(a), Water Code, does not apply
to an election under this subsection.
(c) Bonds or other obligations issued or incurred to finance
projects authorized by Section 8130.051 may not exceed one-fourth
of the assessed value of the real property in the district or the
defined area, as applicable.
(d) Sections 49.181, 49.182, and 50.107, Water Code, do not
apply to a project undertaken by the district under Section
8130.051 or to bonds issued by the district to finance the project.
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,
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
(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
SECTION 3. This Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1864 passed the Senate on
May 5, 2005, by the following vote: Yeas 31, Nays 0; and that the
Senate concurred in House amendment on May 23, 2005, by a viva-voce
Secretary of the Senate
I hereby certify that S.B. No. 1864 passed the House, with
amendment, on May 20, 2005, by a non-record vote.
Chief Clerk of the House