81R21419 SLB-F
 
  By: Parker H.B. No. 1090
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the powers and duties of the Oak Point Water Control and
  Improvement District No. 4 of Denton County; providing authority to
  impose a tax and issue bonds; granting a limited power of eminent
  domain.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle I, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 9032 to read as follows:
  CHAPTER 9032.  OAK POINT WATER CONTROL AND IMPROVEMENT
  DISTRICT NO. 4 OF DENTON COUNTY
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 9032.001.  DEFINITION. In this chapter, "district"
  means the Oak Point Water Control and Improvement District No. 4 of
  Denton County.
  [Sections 9032.002-9032.050 reserved for expansion]
  SUBCHAPTER B. POWERS AND DUTIES
         Sec. 9032.051.  WATER CONTROL AND IMPROVEMENT DISTRICT
  POWERS AND DUTIES. The district has the powers and duties provided
  by the general law of this state, including Chapters 49 and 51,
  Water Code, applicable to water control and improvement districts
  created under Section 59, Article XVI, Texas Constitution.
         Sec. 9032.052.  AUTHORITY FOR ROAD PROJECTS. (a)  Under
  Section 52, Article III, Texas Constitution, the district may
  design, acquire, construct, finance, issue bonds for, improve,
  operate, maintain and convey to this state, a county, or a
  municipality for operation and maintenance macadamized, graveled,
  or paved roads, or improvements, including storm drainage, in aid
  of those roads.
         (b)  The district may exercise its authority under this
  section only on or after the date the governing body of the
  municipality in whose extraterritorial jurisdiction any part of the
  district is located by resolution consents to the district
  exercising that authority. If the governing body of the
  municipality does not adopt a resolution under this section
  consenting to the district's road project authority before January
  1, 2010, this section and Sections 9032.053 and 9032.054 expire on
  that date.
         Sec. 9032.053.  ROAD STANDARDS AND REQUIREMENTS. (a) A road
  project must meet all applicable construction standards, zoning and
  subdivision requirements, and regulations of each municipality in
  whose corporate limits or extraterritorial jurisdiction the road
  project is located.
         (b)  If a road project is not located in the corporate limits
  or extraterritorial jurisdiction of a municipality, the road
  project must meet all applicable construction standards,
  subdivision requirements, and regulations of each county in which
  the road project is located.
         (c)  If the state will maintain and operate the road, the
  Texas Transportation Commission must approve the plans and
  specifications of the road project.
         Sec. 9032.054.  ECONOMIC FEASIBILITY STUDY. (a) Not later
  than the 30th day before the date the district issues for a road
  purpose bonds payable from ad valorem taxes of the district, the
  district shall deliver to the municipality whose extraterritorial
  jurisdiction includes district territory a report of the
  conclusions of an independent economic feasibility study that
  support the ability of the district to pay debt service on the bonds
  under consideration at a tax rate of 95 cents or less per $100
  assessed valuation on all property subject to taxation by the
  district, assuming a 95 percent collection rate.
         (b)  The economic feasibility study must establish:
               (1)  the ability of the district to issue the bonds
  based on:
                     (A)  land values in the district;
                     (B)  the tax rate necessary to support the
  district's payment of debt service on the district's ad valorem tax
  bonds; and
                     (C)  other factors enabling the district to
  support a reasonable tax rate for debt service; and
               (2)  the value of projected improvements to be financed
  by the bonds.
         (c)  The district may not issue the bonds unless the
  governing body of the district approves the conclusions of the
  economic feasibility study. Not later than the 30th day after the
  date the municipality receives the study report, the governing body
  of the municipality shall either approve or disapprove the
  conclusions. If the governing body of the municipality does not
  approve or disapprove the conclusions by that 30th day, the
  conclusions are considered approved.
         (d)  If the Texas Commission on Environmental Quality
  assumes jurisdiction over the district's issuance of bonds for a
  road purpose, this section expires on the day after the date the
  commission assumes the jurisdiction.
         Sec. 9032.055.  LIMITATION ON USE OF EMINENT DOMAIN. The
  district may not exercise the power of eminent domain outside the
  district to acquire a site or easement for:
               (1)  a road project authorized by Section 9032.052; or
               (2)  a recreational facility as defined by Section
  49.462, Water Code.
  [Sections 9032.056-9032.100 reserved for expansion]
  SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
         Sec. 9032.101.  TAX TO REPAY BONDS. The district may impose
  a tax to pay the principal of or interest on bonds issued under
  Section 9032.151.
  [Sections 9032.102-9032.150 reserved for expansion]
  SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS
         Sec. 9032.151.  AUTHORITY TO ISSUE BONDS AND OTHER
  OBLIGATIONS. The district may issue bonds or other obligations
  payable wholly or partly from ad valorem taxes, impact fees,
  revenue, contract payments, grants, or other district money, or any
  combination of those sources, to pay for any authorized district
  purpose.
         Sec. 9032.152.  TAXES FOR BONDS. At the time the district
  issues bonds payable wholly or partly from ad valorem taxes, the
  district shall provide for the annual imposition of a continuing
  direct ad valorem tax, without limit as to rate or amount, while all
  or part of the bonds are outstanding.
         Sec. 9032.153.  BONDS FOR ROAD PROJECTS. (a)  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 the district voters voting at an election held for that
  purpose.
         (b)  At the time of issuance, the total principal amount of
  bonds or other obligations issued or incurred to finance road
  projects and payable from ad valorem taxes may not exceed
  one-fourth of the assessed value of the real property in the
  district.
         SECTION 2.  (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 3.  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, 2009.