| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
|
|
|
relating to the powers and duties of the Canyon Falls Water Control |
|
|
and Improvement District No. 2 of Denton County; providing |
|
|
authority to issue bonds; providing authority to impose taxes. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Subtitle I, Title 6, Special District Local Laws |
|
|
Code, is amended by adding Chapter 9046 to read as follows: |
|
|
CHAPTER 9046. CANYON FALLS WATER CONTROL AND IMPROVEMENT DISTRICT |
|
|
NO. 2 OF DENTON COUNTY |
|
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
|
Sec. 9046.001. DEFINITION. In this chapter, "district" |
|
|
means the Canyon Falls Water Control and Improvement District No. 2 |
|
|
of Denton County. |
|
|
Sec. 9046.002. NATURE AND PURPOSES OF DISTRICT. (a) The |
|
|
district is a water control and improvement district created under |
|
|
Section 59, Article XVI, Texas Constitution. |
|
|
(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. |
|
|
SUBCHAPTER B. POWERS AND DUTIES |
|
|
Sec. 9046.051. GENERAL POWERS AND DUTIES. The district has |
|
|
the powers and duties necessary to accomplish the purposes for |
|
|
which the district is created. |
|
|
Sec. 9046.052. 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. |
|
|
Sec. 9046.053. 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. 9046.054. 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. 9046.101. 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 9046.053. |
|
|
(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. 9046.102. 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. |
|
|
SECTION 2. The Canyon Falls Water Control and Improvement |
|
|
District No. 2 of Denton County retains all the rights, powers, |
|
|
privileges, authority, duties, and functions that it had before the |
|
|
effective date of this Act. |
|
|
SECTION 3. (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 4. 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. |