83R9467 JXC-F

By: Williams S.B. No. 1849

A BILL TO BE ENTITLED

AN ACT

relating to the name of The Woodlands Road Utility District No. 1, of Montgomery County, Texas, and to the administration, powers, and duties of the district.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 1(a), Chapter 816, Acts of the 72nd Legislature, Regular Session, 1991, is amended to read as follows:

(a) Pursuant to Article III, Section 52, of the Texas Constitution, a road utility district is created in Montgomery County, subject to approval at a confirmation election under Section 9 of this Act, to be known as "The Woodlands Road Utility District No. 1[, of Montgomery County, Texas]," which shall be a governmental agency and a body politic and corporate.

SECTION 2. Section 2(3), Chapter 816, Acts of the 72nd Legislature, Regular Session, 1991, is amended to read as follows:

(3) "District" means the The Woodlands Road Utility District No. 1[, of Montgomery County, Texas].

SECTION 3. Sections 6(a) and (b), Chapter 816, Acts of the 72nd Legislature, Regular Session, 1991, are amended to read as follows:

(a) The district has all of the rights, powers, privileges, authority, duties, and functions conferred by the general law of this state applicable to road utility districts created under Article III, Section 52, of the Texas Constitution, including Chapter 441, Transportation Code [13, Acts of the 68th Legislature, 2nd Called Session, 1984 (Article 6674r-1, Vernon's Texas Civil Statutes)], to the extent those provisions can be made applicable. If any provision of general law is in conflict or inconsistent with this Act, this Act prevails.

(b) In addition to the rights, powers, privileges, authority, and functions provided by Subsection (a) of this section, the district may:

(1) add or exclude territory in the manner provided by Subchapter H, Chapter 54, Water Code, and may define the boundaries of the district by:

(A) metes and bounds;

(B) reference to property descriptions in documents filed for record in the real property records of the county or counties in which the district is located; or

(C) a combination of the methods described in Paragraphs (A) and (B);

(2) contract with any person for the payment, repayment, or reimbursement, out of bond proceeds or any other specified source of funds, of any costs and reasonable carrying costs incurred by that person for or on behalf of the district, including the costs of constructing, acquiring, or improving a district facility, notwithstanding that the facility may have been conveyed to and accepted by the appropriate governmental entity prior to the payment, repayment, or reimbursement;

(3) make application for and contract with any person or entity to: receive, administer, and perform the district's duties and obligations under any federal, state, local, or private gift, grant, loan, conveyance, transfer, bequest, donation, or other financial assistance arrangement relating to the investigation, planning, analysis, study, design, acquisition, construction, improvement, completion, implementation, or operation by the district or others of a proposed or existing district facility or other roadway, water borne, pedestrian movement, or public transportation or conveyance system, facility, or improvement contemplated or described by Article III, Section 52(b), of the Texas Constitution; and

(4) provide or secure the payment or repayment of the district's costs or share of the costs by or through a contract or agreement with any person, or the issuance of district bonds, the levy of a maintenance tax, or the assessment of fees, in the manner provided by general law.

SECTION 4. Chapter 816, Acts of the 72nd Legislature, Regular Session, 1991, is amended by adding Sections 6A and 6B to read as follows:

Sec. 6A. NOTICE OF MEETINGS. Notwithstanding the requirements of Section 551.054(a)(2), Government Code, the board is not required to provide notice of a meeting in a county in which there are no district residents.

Sec. 6B. ELIGIBILITY REQUIREMENTS FOR ELECTION JUDGES AND CLERKS. Notwithstanding the requirements of Section 32.051, Election Code, to be eligible to serve as a judge or clerk for a district election, a person must be a qualified voter of either Harris County or Montgomery County.

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.