80R18194 SGA-F

By: Deuell S.B. No. 2054

A BILL TO BE ENTITLED

AN ACT

relating to the powers and duties of the Parker Creek Municipal Utility District of Rockwall County; providing authority to issue bonds.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. The heading to Subchapter C, Chapter 8123, Special District Local Laws Code, is amended to read as follows:

SUBCHAPTER C. POWERS AND DUTIES [CONTINGENT ON ANNEXATION BY

MUNICIPALITY]

SECTION 2. Sections 8123.102(a), (b), and (d), Special District Local Laws Code, are amended to read as follows:

(a) The [In the part of the district annexed by the municipality, the] district may construct, acquire, improve, maintain, or operate [macadamized, graveled, or] paved roads and enhancements or [turnpikes or] improvements to [in aid of] those roads in or adjacent to the district [or turnpikes].

(b) A road project authorized by this section must meet or exceed all applicable construction standards mutually agreed upon by the district and any municipality in whose corporate boundaries or extraterritorial jurisdiction the district is located [, zoning and subdivision requirements, and regulatory ordinances of the municipality. The district may not undertake a road project under this section unless the municipality consents by ordinance or resolution].

(d) The district may not undertake a road project unless each municipality in whose corporate limits or extraterritorial jurisdiction the district is located consents by ordinance or resolution. If the district is located outside the extraterritorial jurisdiction of a municipality, the district may not undertake a road project unless each county in which the district is located consents by ordinance or resolution [Section 49.182, Water Code, does not apply to a project under this section].

SECTION 3. Section 8123.151, Special District Local Laws Code, is amended by amending Subsection (a) and adding Subsections (c) and (d) to read as follows:

(a) The district may issue bonds in accordance with Chapters 49 and 54, Water Code, and to finance the construction, operation, or maintenance of a project under Section 8123.102.

(c) The district may not issue bonds or other obligations secured wholly or partly by ad valorem taxation to finance projects authorized by Section 8123.102 unless the issuance is approved by a vote of a two-thirds majority of district voters voting at an election called for that purpose.

(d) Bonds or other obligations issued or incurred to finance projects authorized by Section 8123.102 may not exceed one-fourth of the assessed value of the real property in the district.

SECTION 4. Section 8123.152, Special District Local Laws Code, is amended to read as follows:

Sec. 8123.152. TAX TO REPAY BONDS. The district may impose a tax to pay the principal of and interest on bonds issued under Section [8123.103 or] 8123.151.

SECTION 5. Section 8123.153, Special District Local Laws Code, is amended to read as follows:

Sec. 8123.153. OPERATION AND MAINTENANCE TAX. [(a)] The district may impose a tax for any district operation and maintenance purpose in the manner provided by Section 49.107, Water Code.

[(b) Section 49.107(f), Water Code, does not apply to reimbursement for a project constructed or acquired under Section 8123.102.]

SECTION 6. The following are repealed:

(1) Subchapter B, Chapter 8123, Special District Local Laws Code;

(2) Section 8123.101, Special District Local Laws Code; and

(3) Section 8123.103, Special District Local Laws Code.

SECTION 7. (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 8. 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.