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AN ACT
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relating to the powers and duties of the Falcon's Lair Utility and |
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Reclamation District relating to the issuance of bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 19, Chapter 935, Acts of the 69th |
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Legislature, Regular Session, 1985, is amended by amending |
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Subsection (d) and adding Subsection (f) to read as follows: |
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(d) For the payment of all or part of the costs of an |
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improvement project or services under Section 20A of this Act, the |
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board may issue bonds in one or more series payable from and secured |
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by ad valorem taxes, assessments, impact fees, revenues, payments |
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pursuant to an agreement made under Section 311.010(b), Tax Code, |
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dedicating revenue from a tax increment fund, grants, gifts, |
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contracts, or leases or any combination of those funds. Bonds may |
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be liens on all or part of the revenue derived from improvements |
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authorized under Section 20A of this Act, including installment |
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payments of special assessments or from any other source pledged to |
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their payment. |
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(f) Sections 49.181 and 49.182, Water Code, do not apply to: |
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(1) bonds issued by the district and payable from: |
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(A) assessments imposed by the district under |
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Section 20A of this Act that are paid in full on the first |
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conveyance of land after imposition of the assessment; or |
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(B) payments pursuant to an agreement made under |
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Section 311.010(b), Tax Code, dedicating revenue from a tax |
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increment fund; or |
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(2) a project that is financed by an issuance of bonds |
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described by Subdivision (1) of this subsection. |
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SECTION 2. (a) Any act or proceeding of the Falcon's Lair |
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Utility and Reclamation District, including an election, not |
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excepted by this section and taken before the effective date of this |
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Act, is validated and confirmed in all respects as of the date on |
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which the act or proceeding occurred. |
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(b) This section does not apply to: |
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(1) an act, proceeding, director, other official, |
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bond, or other obligation the validity of which or of whom is the |
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subject of litigation that is pending on the effective date of this |
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Act; or |
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(2) an act or proceeding that, under a statute of this |
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state or the United States, was a misdemeanor or felony at the time |
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the act or proceeding occurred. |
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SECTION 3. (a) Section 19, Chapter 935, Acts of the 69th |
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Legislature, Regular Session, 1985, as amended by this Act, applies |
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to bonds issued by the Falcon's Lair Utility and Reclamation |
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District on or after the effective date of this Act, regardless of |
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whether an application for bond approval from the Texas Commission |
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on Environmental Quality is pending on the effective date of this |
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Act. Bonds issued by the district before the effective date of this |
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Act are governed by the law in effect on the date the bonds were |
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issued, and that law is continued in effect for that purpose. |
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(b) Section 19, Chapter 935, Acts of the 69th Legislature, |
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Regular Session, 1985, as amended by this Act, applies only to the |
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construction of a project by the Falcon's Lair Utility and |
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Reclamation District that commences on or after the effective date |
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of this Act. Construction of a district project that commenced |
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before the effective date of this Act is governed by the law in |
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effect on the date the construction commenced, and that law is |
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continued in effect for that purpose. |
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SECTION 4. (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 5. 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 hereby certify that S.B. No. 2462 passed the Senate on |
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April 23, 2009, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2462 passed the House on |
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May 26, 2009, by the following vote: Yeas 144, Nays 0, three |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |