S.B. No. 1988
 
 
 
 
AN ACT
  relating to the powers and duties of the Cinco Southwest Municipal
  Utility District No. 3; providing authority to impose a tax and
  issue bonds.
         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 8226 to read as follows:
  CHAPTER 8226.  CINCO SOUTHWEST MUNICIPAL UTILITY DISTRICT NO. 3
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8226.001.  DEFINITIONS. In this chapter:
               (1)  "Board" means the board of directors of the
  district.
               (2)  "Director" means a board member.
               (3)  "District" means the Cinco Southwest Municipal
  Utility District No. 3.
         Sec. 8226.002.  NATURE OF DISTRICT. (a)  The district is a
  municipal utility district created under and essential to
  accomplish the purposes of Section 59, Article XVI, Texas
  Constitution.
         (b)  The district, to the extent authorized by Section
  8226.052 and Section 52, Article III, Texas Constitution, has road
  powers.
         Sec. 8226.003.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE. All
  land and other property in the district will benefit from the
  improvements and services to be provided by the district.
  [Sections 8226.004-8226.050 reserved for expansion]
  SUBCHAPTER B. POWERS AND DUTIES
         Sec. 8226.051.  MUNICIPAL UTILITY DISTRICT POWERS AND
  DUTIES. (a)  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.
         (b)  The district has the powers and duties necessary to
  accomplish the purposes for which the district is created.
         Sec. 8226.052.  ROAD PROJECTS.  (a)  Under Section 52,
  Article III, Texas Constitution, the district may finance,
  construct, or acquire a road project as provided by this section.
         (b)  The district shall employ or contract with a licensed
  engineer to certify whether a proposed road project meets the
  criteria for a thoroughfare, arterial, or collector road of:
               (1)  a county in whose jurisdiction the proposed road
  project is located; or
               (2)  a municipality in whose corporate limits or
  extraterritorial jurisdiction the proposed road project is
  located.
         (c)  The district may finance, construct, or acquire a road
  that has been certified by the licensed engineer as a thoroughfare,
  arterial, or collector road, or any improvements in aid of the road.
         (d)  A road project must meet all applicable standards,
  regulations, ordinances, or orders of:
               (1)  each municipality in whose corporate limits or
  extraterritorial jurisdiction the road project is located; and
               (2)  each county in which the road project is located if
  the road project is not located in the corporate limits of a
  municipality.
         (e)  The district may, with the consent of the municipality
  or county, convey a completed road project to:
               (1)  a municipality in whose corporate limits or
  extraterritorial jurisdiction the road project is located; or
               (2)  a county in which the road project is located.
  [Sections 8226.053-8226.100 reserved for expansion]
  SUBCHAPTER C. BONDS
         Sec. 8226.101.  AUTHORITY TO ISSUE BONDS AND OTHER
  OBLIGATIONS FOR ROAD PROJECTS.  (a)  The district may issue bonds
  or other obligations payable wholly or partly from ad valorem
  taxes, impact fees, revenue, grants, or other district money, or
  any combination of those sources, to pay for road projects.
         (b)  The district may not issue bonds payable from ad valorem
  taxes to finance a road project unless the issuance is approved by a
  vote of a two-thirds majority of district voters voting at an
  election held for that purpose.
         (c)  The total principal amount of bonds, notes, or other
  obligations issued or incurred to finance the road projects may not
  exceed one-fourth of the assessed value of the real property in the
  district according to the most recent certified appraisal roll for
  Fort Bend County.
         SECTION 2.  The Cinco Southwest Municipal Utility District
  No. 3 retains all the rights, powers, privileges, authority,
  duties, and functions that it had before the effective date of this
  Act.
         SECTION 3.  (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 4.  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, 2007.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1988 passed the Senate on
  May 1, 2007, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1988 passed the House on
  May 23, 2007, by the following vote:  Yeas 144, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor