BILL ANALYSIS

 

 

Senate Research Center	S.B. 991
85R7485 TSR-F	By: Creighton
	Intergovernmental Relations
	4/7/2017
	As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Wood Trace Municipal Utility District No. 1, of Montgomery County, Texas (district) encompasses an area partially within the extraterritorial jurisdiction of the City of Stagecoach. The land located within the district is proposed to be predominately developed for single-family use is in need of new and expanded road facilities.

 

S.B. 991 authorizes the district to impose taxes and issue bonds and obligations to provide road facilities to the district.

 

As proposed, S.B. 991 amends current law relating to providing road powers to the Wood Trace Municipal Utility District No. 1, of Montgomery County, Texas, and provides authority to issue bonds.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 8228.003(c), Special District Local Laws Code, as effective April 1, 2017, as follows:

 

(c) Provides that the creation of the district is essential to accomplish the purposes of:

 

(1)   a municipal utility district as provided by general law and Section 59 (Conservation and Development of Natural Resources and Parks and Recreational Facilities; Conservation and Reclamation Districts), Article XVI (General Provisions), Texas Constitution; and

 

(2)   Section 52 (Counties, Cities or Other Political Corporations or Subdivisions; Lending Credit; Grants; Bonds), Article III (Legislative Department), 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.

 

SECTION 2. Amends Subchapter C, Chapter 8228, Special District Local Laws Code, as effective April 1, 2017, by adding Sections 8228.102 and 8228.103, as follows:

 

Sec. 8228.102. AUTHORITY FOR ROAD PROJECTS. Authorizes the district, under Section 52, Article III, Texas Constitution, to 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. 8228.103. ROAD STANDARDS AND REQUIREMENTS. (a) Requires that a road project meet all applicable construction standards, zoning and subdivision requirements, and regulations of each municipality in whose corporate limits or extraterritorial jurisdiction on the road project is located.

 

(b) Requires that a road project, if the road project is not located in the corporate limits or extraterritorial jurisdiction of a municipality, meet all applicable construction standards, subdivision requirements, and regulations of each county in which the road project is located.

 

(c) Requires the Texas Transportation Commission (TTC), if the state will maintain and operate the road, to approve the plans and specifications of the road project.

 

SECTION 3. Amends Chapter 8228, Special District Local Laws Code, as effective April 1, 2017, by adding Subchapter D, as follows:

 

SUBCHAPTER D. BONDS

 

Sec. 8228.151. BONDS FOR ROAD PROJECTS. Prohibits the total principal amount of bonds or other obligations issued or incurred to finance road projects and payable from ad valorem taxes, at the time of insurance, from exceeding one-fourth of the assessed value of the real property in the district.

 

SECTION 4. Provides that 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 5. Effective date: upon passage or September 1, 2017.