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SECTION 1. Subtitle I, Title
6, Special District Local Laws Code, is amended by adding Chapter 9048 to
read as follows:
CHAPTER 9048. COMAL
COUNTY WATER IMPROVEMENT DISTRICT NO. 3
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 9048.001.
DEFINITIONS.
Sec. 9048.002. NATURE OF
DISTRICT. The district is a water control
and improvement district created under Section 59, Article XVI,
Texas Constitution.
Sec. 9048.003.
CONFIRMATION AND DIRECTORS' ELECTION REQUIRED.
Sec. 9048.004. CONSENT OF
MUNICIPALITY AND DEVELOPMENT AGREEMENT REQUIRED. (a) The temporary
directors may not hold an election under Section 9048.003 until each
municipality in whose corporate limits or extraterritorial jurisdiction the
district is located has:
(1) consented by
ordinance or resolution to the creation of the district and to the
inclusion of land in the district; and
(2) entered into a
development agreement under Section 212.172, Local Government Code, with
the retail public utility owned by the municipality that addresses water
and wastewater issues and with the owners of land in the district that
addresses relevant issues, including:
(A) the provision of
services other than water or wastewater services to land in the district,
including emergency services and solid waste collection;
(B) traffic and roadway
impacts caused by the creation of the district;
(C) the amount of debt to
be issued by the district or any new district created by the division of
the district;
(D) a plan for dividing
the district, including the number, location, and size of any new districts
created by the division of the district;
(E) fire flow; and
(F) a prohibition against
a retail public utility, as defined by Section 13.002, Water Code, other
than the retail public utility owned by the municipality, from providing
retail water or wastewater service to the property in the district or a new
district created by the division of the district except with respect to any
lands in the district or a new district created by division of the district
that are included within the certificated service territory of another
retail public utility, as defined by a certificate of public convenience
and necessity.
(b) The development
agreement may not contain a provision prohibited by Section 212.174, Local
Government Code, in relation to the provision of utility service.
(c) A confirmation
election held in violation of this section is void.
Sec. 9048.005. FINDINGS
OF PUBLIC PURPOSE AND BENEFIT. (a) The district is created to serve a
public purpose and benefit.
(b) The district is
created to accomplish the purposes of:
(1) a water control and improvement district as
provided by general law and Section 59, Article XVI, Texas Constitution;
and
(2) Section 52, Article
III, Texas Constitution, that relate to the construction, acquisition,
improvement, operation, or maintenance of macadamized, graveled, or paved
roads, or improvements, including storm drainage, in aid of those roads.
Sec. 9048.006. INITIAL
DISTRICT TERRITORY.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 9048.051. GOVERNING
BODY; TERMS.
Sec. 9048.052. TEMPORARY
DIRECTORS.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 9048.101. GENERAL
POWERS AND DUTIES.
Sec. 9048.102. 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, including powers related to sanitary sewer services
and systems.
Sec. 9048.103. AUTHORITY
FOR ROAD PROJECTS.
Sec. 9048.104. ROAD
STANDARDS AND REQUIREMENTS.
Sec. 9048.105. WATER AND
WASTEWATER INFRASTRUCTURE.
Sec. 9048.106. COMPLIANCE
WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION AND DEVELOPMENT AGREEMENT.
(a) The district shall comply with all applicable requirements of any
ordinance or resolution that is adopted under Section 42.042, Local Government Code, and that
consents to the creation of the district or to the inclusion of land in the
district.
(b) Notwithstanding other
law, a municipality may place a condition or restriction on the creation of
the district or inclusion of land in the district that is:
(1) expressly permitted
by Sections 54.016(e) and (i), Water Code; or
(2) contained in the
development agreement entered into under Section 212.172, Local Government
Code, and this chapter.
Sec. 9048.107. 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 9048.103; or
(2) a recreational facility as defined by Section 49.462, Water
Code.
Sec. 9048.108. DIVISION
OF DISTRICT.
Sec. 9048.109. LIMITATION
ON ANNEXATION OF LAND BY DISTRICT.
Sec. 9048.110. MUNICIPAL
ANNEXATION ADJACENT TO DISTRICT.
SUBCHAPTER D. GENERAL
FINANCIAL PROVISIONS
Sec. 9048.151. ELECTIONS
REGARDING TAXES OR BONDS. (a) The district may issue, without an
election, bonds and other obligations secured by:
(1) revenue other than ad
valorem taxes; or
(2) contract payments
described by Section 9048.153.
(b) The district must
hold an election in the manner provided by Chapters 49 and 51, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds payable
from ad valorem taxes.
(c) 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.
Sec. 9048.152. OPERATION
AND MAINTENANCE TAX.
Sec. 9048.153. CONTRACT
TAXES.
SUBCHAPTER E. BONDS AND
OTHER OBLIGATIONS
Sec. 9048.201. AUTHORITY
TO ISSUE BONDS AND OTHER OBLIGATIONS.
Sec. 9048.202. TAXES FOR
BONDS. At the time the district issues bonds payable wholly or partly from
ad valorem taxes, the board 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 as required and in the manner
provided by Section 51.433, Water
Code.
Sec. 9048.203. BONDS FOR
ROAD PROJECTS.
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SECTION 1. Subtitle F, Title
6, Special District Local Laws Code, is amended by adding Chapter 8489 to
read as follows:
CHAPTER 8489. COMAL
COUNTY WATER IMPROVEMENT DISTRICT NO. 3
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 8489.001.
DEFINITIONS.
Sec. 8489.002. NATURE OF
DISTRICT. The district is a municipal
utility district created under Section 59, Article XVI, Texas
Constitution.
Sec. 8489.003.
CONFIRMATION AND DIRECTORS' ELECTION REQUIRED.
Sec. 8489.004. CONSENT OF
MUNICIPALITY AND DEVELOPMENT AGREEMENT REQUIRED. (a) The temporary
directors may not hold an election under Section 8489.003 until each
municipality in whose corporate limits or extraterritorial jurisdiction the
district is located has:
(1) consented by
ordinance or resolution to the creation of the district and to the
inclusion of land in the district; and
(2) entered into a
development agreement under Section 212.172, Local Government Code, with
the retail public utility owned by the municipality that addresses water
and wastewater issues and with the owners of land in the district that
addresses relevant issues, including:
(A) the provision of
services other than water or wastewater services to land in the district,
including emergency services and solid waste collection;
(B) traffic and roadway
impacts caused by the creation of the district;
(C) the amount of debt to
be issued by the district or any new district created by the division of
the district;
(D) a plan for dividing
the district, including the number, location, and size of any new districts
created by the division of the district;
(E) fire flow;
(F) a prohibition against
a retail public utility, as defined by Section 13.002, Water Code, other
than the retail public utility owned by the municipality, from providing
retail water or wastewater service to the property in the district or a new
district created by the division of the district except with respect to any
lands in the district or a new district created by division of the district
that are included within the certificated service territory of another
retail public utility, as defined by a certificate of public convenience and
necessity;
(G) an agreement to comply with the municipality's most current
building codes and ordinances, public health and safety codes and
ordinances, and environmental regulation codes and ordinances; and
(H) an agreement to comply with the municipality's most current land
use regulations.
(b) The development
agreement may not contain a provision prohibited by Section 212.174, Local
Government Code, in relation to the provision of utility service.
(c) A confirmation
election held in violation of this section is void.
Sec. 8489.005. FINDINGS
OF PUBLIC PURPOSE AND BENEFIT. (a) The district is created to serve a
public purpose and benefit.
(b) The district is
created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article
III, Texas Constitution, that relate to the construction, acquisition,
improvement, operation, or maintenance of macadamized, graveled, or paved
roads, or improvements, including storm drainage, in aid of those roads.
Sec. 8489.006. INITIAL
DISTRICT TERRITORY.
SUBCHAPTER B. BOARD OF
DIRECTORS
Substantially the same as
introduced version.
Substantially the same as
introduced version.
SUBCHAPTER C. POWERS AND
DUTIES
Sec. 8489.101. GENERAL
POWERS AND DUTIES.
Sec. 8489.102. MUNICIPAL
UTILITY DISTRICT POWERS AND DUTIES. The district has the powers and duties
provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under
Section 59, Article XVI, Texas Constitution.
Sec. 8489.103. AUTHORITY
FOR ROAD PROJECTS
Sec. 8489.104. ROAD
STANDARDS AND REQUIREMENTS.
Sec. 8489.105. WATER AND
WASTEWATER INFRASTRUCTURE.
Sec. 8489.106. COMPLIANCE
WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION AND DEVELOPMENT AGREEMENT.
(a) The district shall comply with all applicable requirements of any
ordinance or resolution that is adopted under Section
54.016 or 54.0165, Water Code, and that consents to the creation of
the district or to the inclusion of land in the district.
(b) Notwithstanding other
law, a municipality may place a condition or restriction on the creation of
the district or inclusion of land in the district that is:
(1) expressly permitted
by Sections 54.016(e) and (i), Water Code; or
(2) contained in the
development agreement entered into under Section 212.172, Local Government
Code, and this chapter.
Substantially the same as
introduced version.
Sec. 8489.108. LIMITATION
ON ANNEXATION OF LAND BY DISTRICT.
Sec. 8489.109. MUNICIPAL
ANNEXATION ADJACENT TO DISTRICT.
Sec. 8489.110. LIMITS ON DISTRICT SERVICES. Inside the corporate
limits or extraterritorial jurisdiction of a municipality, the district may
not provide without the municipality's consent:
(1) solid waste collection, treatment, or disposal services; or
(2) fire protection services.
SUBCHAPTER D. GENERAL
FINANCIAL PROVISIONS
Sec. 8489.151. ELECTIONS
REGARDING TAXES OR BONDS. (a) The district may issue, without an
election, bonds and other obligations secured by:
(1) revenue other than ad
valorem taxes; or
(2) contract payments
described by Section 8489.153.
(b) The district must
hold an election in the manner provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds payable
from ad valorem taxes.
(c) 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.
Substantially the same as
introduced versions.
Sec. 8489.153. CONTRACT
TAXES.
SUBCHAPTER E. BONDS AND
OTHER OBLIGATIONS
Sec. 8489.201. AUTHORITY
TO ISSUE BONDS AND OTHER OBLIGATIONS.
Sec. 8489.202. TAXES FOR
BONDS. At the time the district issues bonds payable wholly or partly from
ad valorem taxes, the board 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 as required and in the manner
provided by Sections 54.601 and 54.602,
Water Code.
Sec. 8489.203. BONDS FOR
ROAD PROJECTS.
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