81R3939 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. 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.
         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.  COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
  OR RESOLUTION. The district shall comply with all applicable
  requirements of an ordinance or resolution by which the governing
  body of a municipality consents to the creation of the district or
  to the inclusion of land in the district, including an ordinance or
  resolution adopted before the effective date of this chapter.
         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.