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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of the Pine Forest Municipal |
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Utility District; providing authority to issue bonds and impose a |
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tax. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 427, Acts of the 62nd Legislature, |
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Regular Session, 1971, is amended by amending Sections 1 and 5 and |
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adding Sections 1-a, 5-a, 5-b, 5-c, 5-d, 10, and 11 to read as |
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follows: |
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Sec. 1. DEFINITIONS. In this Act: |
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(1) "Board" means the district's board of directors. |
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(2) "District" means the Pine Forest Municipal Utility |
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District. |
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Sec. 1-a. NATURE AND PURPOSES OF DISTRICT. (a) The |
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district is a municipal utility district in Harris County created |
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under Section 59, Article XVI, Texas Constitution. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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[Notwithstanding provisions of the general laws relating to consent
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by political subdivisions for the creation of conservation and
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reclamation districts, there is hereby created and established
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under and pursuant to the provisions of Article XVI, Section 59 of
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the Constitution of Texas, a conservation and reclamation district
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in Harris County, Texas, to be known as "Pine Forest Municipal
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Utility District,"
hereinafter called the "district,"
which shall
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be a governmental agency and a body politic and corporate.
The
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creation and establishment of the district is hereby declared to be
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essential to the accomplishment of the purposes of Article XVI,
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Section 59 of the Constitution of Texas.] |
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Sec. 5. GENERAL POWERS AND DUTIES. The district has the |
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powers and duties necessary to accomplish the purposes for which |
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the district is created. |
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Sec. 5-a. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES. |
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The district has [is hereby vested with, and shall have and
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exercise, all of] the [rights,] powers[, privileges, authority] and |
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duties provided [functions conferred] by the general law [laws] of |
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this state [applicable to municipal utility districts], including |
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Chapters 49 and [without limitation those conferred by Chapter] 54, |
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[Title 4,] Water Code, [but if any provision of such general laws
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shall be in conflict or inconsistent with the provisions of this
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Act, the provisions of this Act shall prevail.
All such general
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laws] applicable to municipal utility districts created under |
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Section 59, Article XVI, Texas Constitution [not in conflict or
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inconsistent with the provisions of this Act are hereby adopted and
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incorporated by reference with the same effect as if copied in full
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in this Act]. |
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Sec. 5-b. AUTHORITY FOR ROAD PROJECTS. Under Section 52, |
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Article III, Texas Constitution, the district may design, acquire, |
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construct, finance, issue bonds for, improve, operate, maintain, |
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and convey to this state, a county, or a municipality for operation |
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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. 5-c. 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. 5-d. APPROVAL OF ROAD PROJECT. (a) The district may |
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not undertake a road project authorized by Section 5-b of this Act |
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unless: |
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(1) each municipality or county that will operate and |
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maintain the road has approved the plans and specifications of the |
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road project, if a municipality or county will operate and maintain |
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the road; or |
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(2) the Texas Transportation Commission has approved |
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the plans and specifications of the road project, if the state will |
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operate and maintain the road. |
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(b) Except as provided by Subsection (a) of this section, |
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the district is not required to obtain approval from the Texas |
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Transportation Commission to design, acquire, construct, finance, |
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issue bonds for, improve, or convey a road project. |
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Sec. 10. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS FOR |
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ROAD PROJECTS. (a) The district may issue bonds or other |
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obligations payable wholly or partly from ad valorem taxes, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for a road project authorized |
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by Section 5-b. |
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(b) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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(c) At the time of issuance, the total principal amount of |
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bonds or other obligations issued or incurred to finance road |
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projects and payable from ad valorem taxes may not exceed |
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one-fourth of the assessed value of the real property in the |
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district. |
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Sec. 11. TAXES FOR BONDS. At the time the district issues |
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bonds payable wholly or partly from ad valorem taxes, the board |
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shall provide for the annual imposition of a continuing direct ad |
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valorem tax, without limit as to rate or amount, while all or part |
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of the bonds are outstanding. |
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SECTION 2. Sections 6, 7, 8, and 9, Chapter 427, Acts of the |
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62nd Legislature, Regular Session, 1971, are repealed. |
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SECTION 3. The Pine Forest Municipal Utility District |
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retains all the rights, powers, privileges, authority, duties, and |
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functions that it had before the effective date of this Act. |
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SECTION 4. (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 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |