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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 Oak Point Water Control and |
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Improvement District No. 4 of Denton County; providing authority to |
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impose a tax and issue bonds; granting a limited power of eminent |
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domain. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle I, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 9032 to read as follows: |
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CHAPTER 9032. OAK POINT WATER CONTROL AND IMPROVEMENT |
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DISTRICT NO. 4 OF DENTON COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 9032.001. DEFINITION. In this chapter, "district" |
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means the Oak Point Water Control and Improvement District No. 4 of |
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Denton County. |
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[Sections 9032.002-9032.050 reserved for expansion] |
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SUBCHAPTER B. POWERS AND DUTIES |
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Sec. 9032.051. WATER CONTROL AND IMPROVEMENT DISTRICT |
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POWERS AND DUTIES. The district has the powers and duties provided |
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by the general law of this state, including Chapters 49 and 51, |
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Water Code, applicable to water control and improvement districts |
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created under Section 59, Article XVI, Texas Constitution. |
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Sec. 9032.052. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 9032.053. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 9032.054. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of an ordinance or resolution by which the governing |
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body of a municipality consents to the creation of the district or |
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to the inclusion of land in the district, including an ordinance or |
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resolution adopted before the effective date of this chapter. |
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Sec. 9032.055. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 9032.052; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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[Sections 9032.056-9032.100 reserved for expansion] |
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SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS |
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Sec. 9032.101. TAX TO REPAY BONDS. The district may impose |
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a tax to pay the principal of or interest on bonds issued under |
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Section 9032.151. |
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[Sections 9032.102-9032.150 reserved for expansion] |
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SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS |
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Sec. 9032.151. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 9032.152. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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district shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding. |
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Sec. 9032.153. BONDS FOR ROAD PROJECTS. (a) The district |
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may not issue bonds payable from ad valorem taxes to finance a road |
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project unless the issuance is approved by a vote of a two-thirds |
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majority of the district voters voting at an election held for that |
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purpose. |
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(b) At the time of issuance, the total principal amount of |
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bonds or other obligations issued or incurred to finance road |
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projects and payable from ad valorem taxes may not exceed |
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one-fourth of the assessed value of the real property in the |
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district. |
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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 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, 2009. |