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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of the Harris County Municipal |
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Utility District No. 402 regarding road projects; providing |
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authority to impose a tax and issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8198 to read as follows: |
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CHAPTER 8198. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 402 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8198.001. DEFINITION. "District" means Harris County |
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Municipal Utility District No. 402. |
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Sec. 8198.002. NATURE OF DISTRICT. The district is a |
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municipal utility district in Harris County created under and |
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essential to accomplish the purposes of Section 52(b)(3), Article |
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III, or Section 59, Article XVI, Texas Constitution. |
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Sec. 8198.003. APPLICABILITY OF OTHER LAW. Except as |
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otherwise provided by this chapter, Chapters 49 and 54, Water Code, |
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apply to the district. |
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[Sections 8198.004-8198.050 reserved for expansion] |
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SUBCHAPTER B. POWERS AND DUTIES |
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Sec. 8198.051. ROAD PROJECTS. (a) The district may |
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construct, acquire, improve, maintain, or operate macadamized, |
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graveled, or paved roads or turnpikes, or improvements in aid of |
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those roads or turnpikes, inside the district. |
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(b) A road project must meet all applicable construction |
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standards, zoning and subdivision requirements, and regulations |
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of: |
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(1) each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located; and |
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(2) each county in which the district is located. |
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(c) The district may not undertake a road project unless |
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each municipality in whose corporate limits or extraterritorial |
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jurisdiction the district is located consents by resolution. |
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Sec. 8198.052. COMPLIANCE WITH MUNICIPAL CONSENT |
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RESOLUTIONS. The district shall comply with all applicable |
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requirements of any resolution, adopted by the governing body of a |
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municipality, that consented to the creation of the district or to |
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the inclusion of land in the district. |
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[Sections 8198.053-8198.100 reserved for expansion] |
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SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS |
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Sec. 8198.101. TAX TO REPAY BONDS FOR ROAD PROJECTS. The |
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district may impose a tax to pay the principal of or interest on |
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bonds issued under Section 8198.151. |
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[Sections 8198.102-8198.150 reserved for expansion] |
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SUBCHAPTER D. BONDS |
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Sec. 8198.151. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or |
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other obligations as provided by Chapters 49 and 54, Water Code, to |
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finance the construction, maintenance, or operation of projects |
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under Section 8198.051. |
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(b) The district may not issue bonds or other obligations |
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secured wholly or partly by ad valorem taxation to finance projects |
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authorized by Section 8198.051 unless the issuance is approved by a |
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vote of a two-thirds majority of the voters in the district or of |
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the defined areas to be benefited by the project as provided by |
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Subchapter J, Chapter 54, Water Code, voting at an election called |
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for that purpose. The simple majority vote approval required by |
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Section 54.808(a), Water Code, does not apply to an election under |
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this subsection. |
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(c) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 8198.051 may not exceed one-fourth |
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of the assessed value of the real property in the district or the |
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defined area as provided by Subchapter J, Chapter 54, Water Code. |
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SECTION 2. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 3. This Act takes effect September 1, 2007. |