|
|
|
A BILL TO BE ENTITLED
|
|
|
|
relating to the powers of the Fort Bend County Municipal Utility |
|
District No. 188, including powers related to the construction, |
|
operation, and financing of roads; providing authority to issue |
|
bonds and impose a tax. |
|
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 8470 to read as follows: |
|
CHAPTER 8470. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 188 |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 8470.001. DEFINITION. In this chapter, "district" |
|
means the Fort Bend County Municipal Utility District No. 188. |
|
Sec. 8470.002. NATURE OF DISTRICT. The district is a |
|
municipal utility district in Fort Bend County created under and |
|
essential to accomplish the purposes of Section 59, Article XVI, |
|
Texas Constitution. |
|
Sec. 8470.003. APPLICABILITY OF OTHER LAW. Except as |
|
otherwise provided by this chapter, the following laws apply to the |
|
district: |
|
(1) Chapters 49 and 54, Water Code, including |
|
Subchapter J, Chapter 54, Water Code; and |
|
(2) Section 52(b)(3), Article III, Texas |
|
Constitution. |
|
SUBCHAPTER B. ADDITIONAL POWERS AND DUTIES |
|
Sec. 8470.051. 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. 8470.052. 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. |
|
Sec. 8470.053. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
|
OR RESOLUTION. The district shall comply with all applicable |
|
requirements of any ordinance or resolution adopted by the |
|
governing body of the municipality that consents to the creation of |
|
the district or to the inclusion of land in the district. |
|
SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS |
|
Sec. 8470.101. TAX TO REPAY BONDS FOR ROAD PROJECTS. The |
|
district may impose a tax to pay the principal of or interest on |
|
bonds issued under Section 8470.151. |
|
SUBCHAPTER D. BONDS |
|
Sec. 8470.151. AUTHORITY TO ISSUE BONDS FOR ROAD PROJECTS. |
|
(a) The district may issue bonds or other obligations as provided |
|
by Chapters 49 and 54, Water Code, to finance the construction, |
|
maintenance, or operation of projects under Section 8470.051. |
|
(b) The district may not issue bonds or other obligations |
|
secured wholly or partly by ad valorem taxation to finance projects |
|
authorized by Section 8470.051 unless the issuance is approved by a |
|
vote of a two-thirds majority of the voters of the district or 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. |
|
(c) Bonds or other obligations issued or incurred to finance |
|
projects authorized by Section 8470.051 may not exceed one-fourth |
|
of the assessed value of the real property in the district or the |
|
defined area, if applicable. |
|
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 September 1, 2013. |