84R25037 GRM-F

By: Bell H.B. No. 4205

A BILL TO BE ENTITLED

AN ACT

relating to powers and duties of the Porter Special Utility District; granting a limited power of eminent domain in the defined areas or designated property; providing authority to establish defined areas or designated property, to issue bonds, and to impose taxes for the benefit of defined areas or designated property.

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

SECTION 1. Subtitle C, Title 6, Special District Local Laws Code, is amended by adding Chapter 7220 to read as follows:

CHAPTER 7220. PORTER SPECIAL UTILITY DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 7220.001. DEFINITION. In this chapter, "district" means the Porter Special Utility District.

Sec. 7220.002. NATURE AND PURPOSE OF DISTRICT. (a) The district is a special utility district created under Section 59, Article XVI, Texas Constitution.

(b) The district is created to accomplish the purposes of:

(1) a special utility district as provided by general law and Section 59, Article XVI, Texas Constitution; and

(2) in defined areas or designated property of the district established in accordance with Subchapter B, a municipal utility district as provided by general law and Section 59, Article XVI, Texas Constitution.

SUBCHAPTER B. POWERS AND DUTIES

Sec. 7220.051. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Sec. 7220.052. SPECIAL UTILITY DISTRICT POWERS AND DUTIES. Except as provided by this chapter, the district has all of the powers and duties provided by general law of this state, including Chapters 49 and 65, Water Code, applicable to special utility districts created under Section 59, Article XVI, Texas Constitution.

Sec. 7220.053. AUTHORITY TO ESTABLISH DEFINED AREAS OR DESIGNATED PROPERTY. (a) The district may establish and maintain defined areas or designated property in accordance with Subchapter J, Chapter 54, Water Code, including the power to impose taxes and issue bonds in the defined areas or designated property.

(b) Section 65.235, Water Code, does not apply to the district.

Sec. 7220.054. ANNEXATION OF LAND TO DEFINED AREAS OR DESIGNATED PROPERTY. The district may annex land to an existing defined area or designated property in the same manner as land annexed to a district as provided by Sections 49.301 and 49.302, Water Code. Land annexed to a defined area or designated property must also be included in the district but is not required to be contiguous to the defined area or designated property into which it is annexed.

Sec. 7220.055. MUNICIPAL UTILITY DISTRICT POWERS AND DUTIES IN DEFINED AREA OR DESIGNATED PROPERTY. In a defined area or designated property created by the district, the district has the powers and duties provided by the general law of this state, including Chapters 49 and 54, Water Code, applicable to municipal utility districts created under Section 59, Article XVI, Texas Constitution.

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, 2015.