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A BILL TO BE ENTITLED
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relating to the powers of the Fort Bend County Municipal Utility |
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District No. 188, including powers related to the construction, |
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operation, and financing of roads; providing authority to issue |
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bonds and impose a tax. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8470 to read as follows: |
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CHAPTER 8470. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 188 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8470.001. DEFINITION. In this chapter, "district" |
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means the Fort Bend County Municipal Utility District No. 188. |
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Sec. 8470.002. NATURE OF DISTRICT. The district is a |
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municipal utility district in Fort Bend County created under and |
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essential to accomplish the purposes of Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8470.003. APPLICABILITY OF OTHER LAW. Except as |
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otherwise provided by this chapter, the following laws apply to the |
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district: |
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(1) Chapters 49 and 54, Water Code, including |
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Subchapter J, Chapter 54, Water Code; and |
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(2) Section 52(b)(3), Article III, Texas |
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Constitution. |
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SUBCHAPTER B. ADDITIONAL POWERS AND DUTIES |
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Sec. 8470.051. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8470.052. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8470.053. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution adopted by the |
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governing body of the municipality that consents to the creation of |
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the district or to the inclusion of land in the district. |
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SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS |
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Sec. 8470.101. TAX TO REPAY BONDS FOR ROAD PROJECTS. The |
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district may impose a tax to pay the principal of or interest on |
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bonds issued under Section 8470.151. |
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SUBCHAPTER D. BONDS |
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Sec. 8470.151. AUTHORITY TO ISSUE BONDS FOR ROAD PROJECTS. |
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(a) The district may issue bonds or other obligations as provided |
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by Chapters 49 and 54, Water Code, to finance the construction, |
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maintenance, or operation of projects under Section 8470.051. |
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(b) The district may not issue bonds or other obligations |
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secured wholly or partly by ad valorem taxation to finance projects |
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authorized by Section 8470.051 unless the issuance is approved by a |
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vote of a two-thirds majority of the voters of the district or of |
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the defined area to be benefited by the project as provided by |
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Subchapter J, Chapter 54, Water Code, voting at an election called |
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for that purpose. The simple majority vote approval required by |
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Section 54.808(a), Water Code, does not apply to an election under |
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this subsection. |
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(c) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 8470.051 may not exceed one-fourth |
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of the assessed value of the real property in the district or the |
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defined area, if applicable. |
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SECTION 2. (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 3. This Act takes effect September 1, 2013. |