81R4339 SLB-F

By: Hegar S.B. No. 1204

A BILL TO BE ENTITLED

AN ACT

relating to the powers and duties of the Bastrop County Water Control and Improvement District No. 2; providing authority to impose a tax and issue bonds.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 11001.002(a), Special District Local Laws Code, is amended to read as follows:

(a) Under [The district has all of the rights, powers, privileges, functions, responsibilities, and duties that general law grants a road district created 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, inside the district.

SECTION 2. Section 11001.007, Special District Local Laws Code, is amended to read as follows:

Sec. 11001.007. MONTHLY CHARGES. (a) The board by resolution may impose a monthly charge in an amount not to exceed $15 [of five dollars] for each developed or undeveloped lot, tract, or reserve in the district.

(b) Money received from the monthly charge may [must] be used only for:

(1) constructing, maintaining, or repairing public streets or roadways in the district; or

(2) purchasing equipment necessary to accomplish a purpose described by Subdivision (1).

(c) Not [Of the money received under Subsection (a):

[(1) not] more than 10 percent of the money received under Subsection (a) may be used for administrative purposes[; and

[(2) not more than 15 percent may be used for road maintenance].

SECTION 3. Chapter 11001, Special District Local Laws Code, is amended by adding Sections 11001.014, 11001.015, and 11001.016 to read as follows:

Sec. 11001.014. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS. (a) The district may issue bonds or other obligations as provided by Chapters 49 and 51, Water Code, to finance the acquisition, construction, improvement, maintenance, or operation of a project under Section 11001.002.

(b) The district may not issue bonds or other obligations secured wholly or partly by ad valorem taxes to finance projects authorized by Section 11001.002 unless the issuance is approved by a vote of a two-thirds majority of the district voters voting at an election called for that purpose.

(c) Bonds or other obligations issued or incurred to finance projects authorized by Section 11001.002 may not exceed one-fourth of the assessed value of the real property in the district.

(d) Sections 49.181, 49.182, and 50.107, Water Code, do not apply to a project authorized by Section 11001.002 or to bonds issued to finance the project.

Sec. 11001.015. TAX TO REPAY BONDS. The district may impose a tax to pay the principal of or interest on bonds or other obligations issued under Section 11001.014.

Sec. 11001.016. ROAD CONTRACTS. The district may enter into a contract for a road project in the manner provided by Subchapter I, Chapter 49, Water Code.

SECTION 4. (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 5. 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.