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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 Cinco Southwest Municipal |
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Utility District No. 2; providing authority to impose a tax and |
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issue bonds for road projects. |
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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 8225 to read as follows: |
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CHAPTER 8225. CINCO SOUTHWEST MUNICIPAL UTILITY DISTRICT NO. 2 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8225.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the board of directors of the |
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district. |
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(2) "District" means the Cinco Southwest Municipal |
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Utility District No. 2. |
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(3) "Road project' means an arterial or main feeder |
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road, or an improvement in aid of the road. |
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Sec. 8225.002. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. All |
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land and other property in the district will benefit from the |
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improvements and services to be provided by the district. |
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[Sections 8225.003-8225.050 reserved for expansion] |
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SUBCHAPTER B. POWERS AND DUTIES |
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Sec. 8225.051. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. (a) The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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(b) The district has the powers and duties necessary to |
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accomplish the purposes for which the district is created. |
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Sec. 8225.052. ROAD PROJECTS. (a) Under Section 52, |
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Article III, Texas Constitution, the district may finance, |
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construct, or acquire a road project as provided by this section. |
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(b) A road project must meet all applicable standards, |
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regulations, and ordinances of the municipality or county in whose |
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jurisdiction the road project is located. |
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(c) The district may, with the consent of the municipality |
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or county, convey a completed road project to: |
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(1) a municipality in whose corporate limits or |
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extraterritorial jurisdiction the road project is located; or |
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(2) a county in which the road project is located. |
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[Sections 8225.053-8225.100 reserved for expansion] |
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SUBCHAPTER C. BONDS |
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Sec. 8225.101. 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 payable wholly or partly from ad valorem taxes, |
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impact fees, revenue, grants, or other district money, or any |
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combination of those sources, to pay for road projects. |
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(b) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of district voters voting at an |
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election held for that purpose. |
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(c) The total principal amount of bonds, notes, or other |
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obligations issued or incurred to finance the road projects may not |
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exceed one-fourth of the assessed value of the real property in the |
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district according to the most recent certified appraisal roll for |
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Fort Bend County. |
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SECTION 2. The Cinco Southwest Municipal Utility District |
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No. 2 retains all the rights, powers, privileges, authority, |
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duties, and functions that it had before the effective date of this |
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Act. |
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SECTION 3. (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 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |