83R15768 SLB-D
 
  By: Thompson of Brazoria H.B. No. 1942
 
  Substitute the following for H.B. No. 1942:
 
  By:  Thompson of Brazoria C.S.H.B. No. 1942
 
 
 
A BILL TO BE ENTITLED
 
  relating to the powers and duties of the Brazoria County Municipal
  Utility District No. 39; providing authority to issue bonds;
  providing authority to impose fees or taxes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle F, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 8429 to read as follows:
  CHAPTER 8429. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 39
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8429.001.  DEFINITION. In this chapter, "district" 
  means the Brazoria County Municipal Utility District No. 39.
         Sec. 8429.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8429.003.  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.
  SUBCHAPTER B.  POWERS AND DUTIES
         Sec. 8429.051.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8429.052.  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. 8429.053.  AUTHORITY FOR ROAD PROJECTS. 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.
         Sec. 8429.054.  ROAD STANDARDS AND REQUIREMENTS. (a) A road
  project must meet all applicable construction standards, zoning and
  subdivision requirements, and regulations of each municipality in
  whose corporate limits or extraterritorial jurisdiction the road
  project is located.
         (b)  If a road project is not located in the corporate limits
  or extraterritorial jurisdiction of a municipality, the road
  project must meet all applicable construction standards,
  subdivision requirements, and regulations of each county in which
  the road project is located.
         (c)  If the state will maintain and operate the road, the
  Texas Transportation Commission must approve the plans and
  specifications of the road project.
  SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
         Sec. 8429.101.  AUTHORITY TO ISSUE BONDS AND OTHER
  OBLIGATIONS FOR ROAD PROJECTS.  (a) The district may issue bonds or
  other obligations payable wholly or partly from ad valorem taxes,
  impact fees, revenue, contract payments, grants, or other district
  money, or any combination of those sources, to pay for a road
  project authorized by Section 8429.053.
         (b)  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.
         (c)  At the time of issuance, the total principal amount of
  bonds or other obligations issued or incurred to finance road
  projects and payable from ad valorem taxes may not exceed
  one-fourth of the assessed value of real property in the district.
         Sec. 8429.102.  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.
         SECTION 2.  The Brazoria County Municipal Utility District
  No. 39 retains all the rights, powers, privileges, authority,
  duties, and functions that it had before the effective date of this
  Act.
         SECTION 3.  (a) The legislature validates and confirms all
  acts and proceedings of the board of directors of the Brazoria
  County Municipal Utility District No. 39 that were taken before the
  effective date of this Act.
         (b)  Subsection (a) of this section does not apply to any
  matter that on the effective date of this Act:
               (1)  is involved in litigation if the litigation
  ultimately results in the matter being held invalid by a final
  judgment of a court; or
               (2)  has been held invalid by a final judgment of a
  court.
         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, 2013.