H.B. No. 4723
  relating to the powers and duties of the Bayview Municipal Utility
  District of Galveston County; providing authority to impose a tax
  and issue bonds.
         SECTION 1.  Subchapter B, Chapter 6901, Special District
  Local Laws Code, is amended by adding Section 6901.061 to read as
         Sec. 6901.061.  DEFINED AREAS.  (a)  Notwithstanding the
  limitation on authorization based on acreage under Section
  54.801(a), Water Code, the district may establish and administer
  defined areas as provided by Subchapter J, Chapter 54, Water Code.
         (b)  Under Section 52, Article III, Texas Constitution, the
  district may construct, acquire, improve, maintain, or operate in a
  defined area established under this section:
               (1)  macadamized, graveled, or paved roads; or
               (2)  improvements, including storm drainage, in aid of
  those roads.
         (c)  The district may issue bonds or other obligations as
  provided by Chapters 49 and 53, Water Code, to finance the
  construction, acquisition, improvement, maintenance, or operation
  of projects under Subsection (b).
         (d)  The district may impose an ad valorem tax on real
  property in a defined area to pay the principal of or interest on
  bonds issued under Subsection (c) to finance projects benefiting
  the defined area.
         (e)  The district may not issue bonds or other obligations
  secured wholly or partly by ad valorem taxes to finance a project
  authorized by Subsection (b) unless the issuance is approved by a
  vote of a two-thirds majority of the voters of the defined area to
  be benefited by the project as provided by Subchapter J, Chapter 54,
  Water Code, voting at an election called for that purpose.  The
  simple majority vote approval required by Section 54.808(a), Water
  Code, does not apply to an election under this subsection.
         (f)  At the time of issuance, the total principal amount of
  bonds or other obligations issued or incurred to finance projects
  authorized by Subsection (b) benefiting a defined area may not
  exceed one-fourth of the assessed value of the real property in the
  defined area.
         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.
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
         I certify that H.B. No. 4723 was passed by the House on May 5,
  2009, by the following vote:  Yeas 144, Nays 0, 1 present, not
  Chief Clerk of the House   
         I certify that H.B. No. 4723 was passed by the Senate on May
  27, 2009, by the following vote:  Yeas 31, Nays 0.
  Secretary of the Senate    
  APPROVED:  _____________________