By: Gates (Senate Sponsor - Kolkhorst) H.B. No. 5312
         (In the Senate - Received from the House May 15, 2023;
  May 15, 2023, read first time and referred to Committee on Local
  Government; May 19, 2023, reported favorably by the following
  vote:  Yeas 9, Nays 0; May 19, 2023, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the powers and duties of the Fort Bend County Municipal
  Utility District No. 147; providing authority to issue bonds and
  impose fees and taxes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle F, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 7967A to read as follows:
  CHAPTER 7967A. FORT BEND COUNTY  MUNICIPAL UTILITY DISTRICT NO. 147
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 7967A.0101.  DEFINITIONS.  In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Commission" means the Texas Commission on
  Environmental Quality.
               (3)  "District" means the Fort Bend County Municipal
  Utility District No. 147.
         Sec. 7967A.0102.  NATURE AND PURPOSES OF DISTRICT. The
  district is a municipal utility district in Fort Bend County
  created under and essential to accomplish the purposes of Section
  52, Article III, and Section 59, Article XVI, Texas Constitution.
  SUBCHAPTER B. POWERS AND DUTIES
         Sec. 7967A.0201.  DEFINED AREAS. (a) Notwithstanding the
  limitation on authorization based on acreage under Section
  54.801(a), Water Code, the district may establish and administer
  defined areas as provided by Subchapter J, Chapter 54, Water Code.
         (b)  Under Section 52, Article III, Texas Constitution, the
  district may construct, acquire, improve, maintain, or operate in a
  defined area established under this section:
               (1)  macadamized, graveled, or paved roads; or
               (2)  improvements, including storm drainage, in aid of
  those roads.
         (c)  The district may issue bonds or other obligations as
  provided by Chapters 49 and 54, Water Code, to finance the
  construction, acquisition, improvement, maintenance, or operation
  of projects under Subsection (b).
         (d)  The district may impose an ad valorem tax on real
  property in a defined area to pay the principal of or interest on
  bonds issued under Subsection (c) to finance projects benefiting
  the defined area.
         (e)  The district may not issue bonds or other obligations
  secured wholly or partly by ad valorem taxes to finance a project
  authorized by Subsection (b) unless the issuance is approved by a
  vote of a two-thirds majority of the voters of the defined area to
  be benefited by the project as provided by Subchapter J, Chapter 54,
  Water Code, voting at an election called for that purpose.
         (f)  At the time of issuance, the total principal amount of
  bonds or other obligations issued or incurred to finance projects
  authorized by Subsection (b) benefiting a defined area may not
  exceed one-fourth of the assessed value of the real property in the
  defined area.
         Sec. 7967A.0202.  AUTHORITY FOR ROAD PROJECTS. (a)  Under
  Section 52, Article III, Texas Constitution, the district may
  design, acquire, construct, finance, issue bonds for, improve, and
  convey to this state, a county, or a municipality for operation and
  maintenance macadamized, graveled, or paved roads described by
  Section 54.234, Water Code, or improvements, including storm
  drainage, in aid of those roads.
         (b)  The district may exercise the powers provided by this
  section without submitting a petition to or obtaining approval from
  the commission as required by Section 54.234, Water Code.
         Sec. 7967A.0203.  APPROVAL OF ROAD PROJECT.  (a)  The
  district may not undertake a road project authorized by Section
  7967A.0202 unless:
               (1)  each municipality or county that will operate and
  maintain the road has approved the plans and specifications of the
  road project, if a municipality or county will operate and maintain
  the road; or
               (2)  the Texas Transportation Commission has approved
  the plans and specifications of the road project, if the state will
  operate and maintain the road.
         (b)  Except as provided by Subsection (a), the district is
  not required to obtain approval from the Texas Transportation
  Commission to design, acquire, construct, finance, issue bonds for,
  improve, or convey a road project.
         Sec. 7967A.0204.  COMPLIANCE WITH MUNICIPAL CONSENT
  ORDINANCE OR RESOLUTION.  The district shall comply with all
  applicable requirements of any ordinance or resolution that is
  adopted under Section 54.016 or 54.0165, Water Code, and that
  consents to the creation of the district or to the inclusion of land
  in the district.
         Sec. 7967A.0205.  LIMITATION ON USE OF EMINENT DOMAIN. The
  district may not exercise the power of eminent domain outside the
  district boundaries to acquire a site or easement for a road project
  authorized by Section 7967A.0202.
  SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
         Sec. 7967A.0301.  AUTHORITY TO ISSUE BONDS AND OTHER
  OBLIGATIONS.  The district may issue bonds or other obligations
  payable wholly or partly from ad valorem taxes, impact fees,
  revenue, contract payments, grants, or other district money, or any
  combination of those sources, to pay for any authorized district
  purpose.
         Sec. 7967A.0302.  TAXES FOR BONDS. At the time the district
  issues bonds payable wholly or partly from ad valorem taxes, the
  board shall provide for the annual imposition of a continuing
  direct ad valorem tax, without limit as to rate or amount, while all
  or part of the bonds are outstanding as required and in the manner
  provided by Sections 54.601 and 54.602, Water Code.
         Sec. 7967A.0303.  BONDS FOR ROAD PROJECTS. At the time of
  issuance, the total principal amount of bonds or other obligations
  issued or incurred to finance road projects and payable from ad
  valorem taxes may not exceed one-fourth of the assessed value of the
  real property in the district.
         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 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, 2023.
 
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