BILL ANALYSIS
By: Zerwas
Committee Report (Substituted)
BACKGROUND AND PURPOSE
CSHB 4019 amends the powers of Cinco Southwest Municipal Utility District No. 4 (the “district”). The district lies within the extraterritorial jurisdiction of the City of Houston and in Fort Bend County. Currently, the district provides water, sewer, drainage and park facilities to land located within the boundaries of the district. CSHB 4019 would provide the district with limited road powers pursuant to Article 3, Section 52 of the Constitution of Texas.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
SECTION 1. Amends Subtitle F, Title 6, Special District Local Laws Code, by adding Chapter 8227, as follows:
CHAPTER 8227. CINCO SOUTHWEST MUNICIPAL UTILITY DISTRICT NO. 4
Subchapter A. General Provisions
Sec. 8227.001. DEFINITIONS. Defines “Board,” “Director,” and “District.”
Sec. 8227.002. NATURE OF DISTRICT. Provides that the District is a municipal utility district created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution, and has road powers under Section 52, Article III, Texas Constitution.
Sec. 8227.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. Provides that all land and other property included in the District will benefit from the improvements and services to be provided by the District.
Subchapter B. Powers and Duties
Sec. 8227.051. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. Provides that the District has the powers and duties of a municipal utility district, as provided by general law, including Chapters 49 and 54, Water Code, and has the powers and duties necessary to accomplish the District’s purposes.
Sec. 8227.052. ROAD PROJECTS. Authorizes the District to construct, acquire, maintain or operate thoroughfares, arterials or collector roads, and improvements in aid of the roads, to the extent they meet the criteria of the municipality or county in whose jurisdiction the road project lies. Requires road projects to meet applicable municipal and county standards, regulations, and ordinances.
Subchapter C. Bonds
Sec. 8227.101. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS FOR ROAD PROJECTS. Authorizes the District to issue bonds, notes, or other obligations to pay for road projects. Requires a two-thirds approval by voters of the District prior to the District’s issuance of bonds for road projects. Limits the issuance of bonds used to finance road projects to one-fourth of the assessed value of real property in the District.
SECTION 2. Provides that the District retains all the rights, powers, privileges, authority, duties, and functions existing before the effective date of the Act enacting this Chapter.
SECTION 3. Sets forth legislative findings regarding the fulfillment of procedural requirements with respect to the notice, introduction, and passage of the Act.
SECTION 4. EFFECTIVE DATE: Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.
EFFECTIVE DATE
Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2007.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The filed version of the bill was not a Legislative Council draft. C.S.H.B. 4019 is a Legislative Council draft, and changes are in form only. C.S.H.B. 4019 specifically adds chapter and section numbers to the filed version of the bill, where there were previously placeholders, and makes other non-substantive revisions.
C.S.H.B. 4019 adds Section 2 which provides that the District retains all the rights, powers, privileges, authority, duties, and functions existing before the effective date of the Act enacting this Chapter, and renumbers sections accordingly.