Bill Summary – FastDemocracy

      
            H.B. No. 5366
         
               AN ACT
            
            relating to the creation of the Grimes County Municipal Utility 
         
            District No. 3; granting a limited power of eminent domain; 
         
            providing authority to issue bonds; providing authority to impose 
         
            assessments, 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 7878A to read as follows:
         
            CHAPTER 7878A.  GRIMES COUNTY MUNICIPAL UTILITY DISTRICT NO. 3
         
            SUBCHAPTER A.  GENERAL PROVISIONS
         
                   Sec. 7878A.0101.  DEFINITIONS.  In this chapter:
         
                         (1)  "Board" means the district's board of directors.
         
                         (2)  "Commission" means the Texas Commission on 
         
            Environmental Quality.
         
                         (3)  "Director" means a board member.
         
                         (4)  "District" means the Grimes County Municipal 
         
            Utility District No. 3.
         
                   Sec. 7878A.0102.  NATURE OF DISTRICT.  The district is a 
         
            municipal utility district created under Section 59, Article XVI, 
         
            Texas Constitution.
         
                   Sec. 7878A.0103.  CONFIRMATION AND DIRECTOR ELECTION 
         
            REQUIRED.  The temporary directors shall hold an election to 
         
            confirm the creation of the district and to elect five permanent 
         
            directors as provided by Section 49.102, Water Code.
         
                   Sec. 7878A.0104.  CONSENT OF MUNICIPALITY REQUIRED.  The 
         
            temporary directors may not hold an election under Section 
         
            7878A.0103 until each municipality in whose corporate limits or 
         
            extraterritorial jurisdiction the district is located has 
         
            consented by ordinance or resolution to the creation of the 
         
            district and to the inclusion of land in the district as required by 
         
            applicable law.
         
                   Sec. 7878A.0105.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT.  
         
            (a)  The district is created to serve a public purpose and benefit.
         
                   (b)  The district is created to accomplish the purposes of:
         
                         (1)  a municipal utility district as provided by 
         
            general law and Section 59, Article XVI, Texas Constitution; and
         
                         (2)  Section 52, Article III, 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.
         
                   Sec. 7878A.0106.  INITIAL DISTRICT TERRITORY.  (a)  The 
         
            district is initially composed of the territory described by 
         
            Section 2 of the Act enacting this chapter.
         
                   (b)  The boundaries and field notes contained in Section 2 of 
         
            the Act enacting this chapter form a closure.  A mistake made in the 
         
            field notes or in copying the field notes in the legislative process 
         
            does not affect the district's:
         
                         (1)  organization, existence, or validity;
         
                         (2)  right to issue any type of bond for the purposes 
         
            for which the district is created or to pay the principal of and 
         
            interest on a bond;
         
                         (3)  right to impose a tax; or
         
                         (4)  legality or operation.
         
            SUBCHAPTER B.  BOARD OF DIRECTORS
         
                   Sec. 7878A.0201.  GOVERNING BODY; TERMS.  (a)  The district 
         
            is governed by a board of five elected directors.
         
                   (b)  Except as provided by Section 7878A.0202, directors 
         
            serve staggered four-year terms.
         
                   Sec. 7878A.0202.  TEMPORARY DIRECTORS.  (a)  On or after the 
         
            effective date of the Act enacting this chapter, the owner or owners 
         
            of a majority of the assessed value of the real property in the 
         
            district may submit a petition to the commission requesting that 
         
            the commission appoint as temporary directors the five persons 
         
            named in the petition.  The commission shall appoint as temporary 
         
            directors the five persons named in the petition.
         
                   (b)  Temporary directors serve until the earlier of:
         
                         (1)  the date permanent directors are elected under 
         
            Section 7878A.0103; or
         
                         (2)  the fourth anniversary of the effective date of 
         
            the Act enacting this chapter.
         
                   (c)  If permanent directors have not been elected under 
         
Statutes affected: 
Introduced:  ()
House Committee Report:  ()
Engrossed:  ()
Senate Committee Report:  ()
Enrolled:  ()




	AN ACT
	relating to the creation of the Grimes County Municipal Utility
	District No. 3; granting a limited power of eminent domain;
	providing authority to issue bonds; providing authority to impose
	assessments, 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 7878A to read as follows:
	CHAPTER 7878A. GRIMES COUNTY MUNICIPAL UTILITY DISTRICT NO. 3
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 7878A.0101. DEFINITIONS. In this chapter:
	(1) "Board" means the district's board of directors.
	(2) "Commission" means the Texas Commission on
	Environmental Quality.
	(3) "Director" means a board member.
	(4) "District" means the Grimes County Municipal
	Utility District No. 3.
	Sec. 7878A.0102. NATURE OF DISTRICT. The district is a
	municipal utility district created under Section 59, Article XVI,
	Texas Constitution.
	Sec. 7878A.0103. CONFIRMATION AND DIRECTOR ELECTION
	REQUIRED. The temporary directors shall hold an election to
	confirm the creation of the district and to elect five permanent
	directors as provided by Section 49.102, Water Code.
	Sec. 7878A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
	temporary directors may not hold an election under Section
	7878A.0103 until each municipality in whose corporate limits or
	extraterritorial jurisdiction the district is located has
	consented by ordinance or resolution to the creation of the
	district and to the inclusion of land in the district as required by
	applicable law.
	Sec. 7878A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
	(a) The district is created to serve a public purpose and benefit.
	(b) The district is created to accomplish the purposes of:
	(1) a municipal utility district as provided by
	general law and Section 59, Article XVI, Texas Constitution; and
	(2) Section 52, Article III, 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.
	Sec. 7878A.0106. INITIAL DISTRICT TERRITORY. (a) The
	district is initially composed of the territory described by
	Section 2 of the Act enacting this chapter.
	(b) The boundaries and field notes contained in Section 2 of
	the Act enacting this chapter form a closure. A mistake made in the
	field notes or in copying the field notes in the legislative process
	does not affect the district's:
	(1) organization, existence, or validity;
	(2) right to issue any type of bond for the purposes
	for which the district is created or to pay the principal of and
	interest on a bond;
	(3) right to impose a tax; or
	(4) legality or operation.
	SUBCHAPTER B. BOARD OF DIRECTORS
	Sec. 7878A.0201. GOVERNING BODY; TERMS. (a) The district
	is governed by a board of five elected directors.
	(b) Except as provided by Section 7878A.0202, directors
	serve staggered four-year terms.
	Sec. 7878A.0202. TEMPORARY DIRECTORS. (a) On or after the
	effective date of the Act enacting this chapter, the owner or owners
	of a majority of the assessed value of the real property in the
	district may submit a petition to the commission requesting that
	the commission appoint as temporary directors the five persons
	named in the petition. The commission shall appoint as temporary
	directors the five persons named in the petition.
	(b) Temporary directors serve until the earlier of:
	(1) the date permanent directors are elected under
	Section 7878A.0103; or
	(2) the fourth anniversary of the effective date of
	the Act enacting this chapter.
	(c) If permanent directors have not been elected under
Statutes affected: Introduced: () House Committee Report: () Engrossed: () Senate Committee Report: () Enrolled: ()