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AN ACT
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relating to the powers and duties of the Fort Bend County Municipal |
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Utility District No. 194; providing authority to impose a tax and |
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issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8317 to read as follows: |
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CHAPTER 8317. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 194 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8317.001. DEFINITION. In this chapter, "district" |
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means the Fort Bend County Municipal Utility District No. 194. |
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Sec. 8317.002. NATURE AND PURPOSES OF DISTRICT. (a) The |
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district is a municipal utility district created under and |
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essential to accomplish the purposes of Section 59, Article XVI, |
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Texas Constitution. |
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(b) The district is essential to accomplish the purposes of |
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Section 52, Article III, Texas Constitution, that relate to the |
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construction, acquisition, or improvement of macadamized, |
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graveled, or paved roads described by Section 54.234, Water Code, |
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or improvements, including storm drainage, in aid of those roads. |
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[Sections 8317.003-8317.050 reserved for expansion] |
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SUBCHAPTER B. POWERS AND DUTIES |
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Sec. 8317.051. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes |
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described by Section 8317.002. |
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Sec. 8317.052. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8317.053. AUTHORITY FOR ROAD PROJECTS. (a) Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, and |
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convey to this state, a county, or a municipality for operation and |
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maintenance macadamized, graveled, or paved roads described by |
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Section 54.234, Water Code, or improvements, including storm |
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drainage, in aid of those roads. |
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(b) The district may exercise the powers provided by this |
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section without submitting a petition to or obtaining approval from |
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the Texas Commission on Environmental Quality as required by |
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Section 54.234, Water Code. |
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Sec. 8317.054. APPROVAL OF ROAD PROJECT. (a) The district |
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may not undertake a road project authorized by Section 8317.053 |
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unless: |
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(1) each municipality or county that will operate and |
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maintain the road has approved the plans and specifications of the |
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road project, if a municipality or county will operate and maintain |
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the road; or |
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(2) the Texas Transportation Commission has approved |
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the plans and specifications of the road project, if the state will |
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operate and maintain the road. |
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(b) Except as provided by Subsection (a), the district is |
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not required to obtain approval from the Texas Transportation |
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Commission to design, acquire, construct, finance, issue bonds for, |
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improve, or convey a road project. |
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Sec. 8317.055. 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 a road project authorized |
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by Section 8317.053. |
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[Sections 8317.056-8317.100 reserved for expansion] |
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SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS |
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Sec. 8317.101. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or |
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other obligations payable wholly or partly from ad valorem taxes, |
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impact fees, revenue, contract payments, grants, or other district |
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money, or any combination of those sources, to pay for a road |
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project authorized by Section 8317.053. |
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(b) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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(c) 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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Sec. 8317.102. 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 as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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SECTION 2. The Fort Bend County Municipal Utility District |
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No. 194 retains all the rights, powers, privileges, authority, |
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duties, and functions that it had before the effective date of this |
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Act. |
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SECTION 3. (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 4. 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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1113 was passed by the House on May 5, |
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2009, by the following vote: Yeas 144, Nays 0, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1113 on May 23, 2009, by the following vote: Yeas 139, Nays 0, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1113 was passed by the Senate, with |
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amendments, on May 21, 2009, by the following vote: Yeas 30, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |