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S.B. No. 1807
AN ACT
relating to the power and duties of the Galveston County Municipal
Utility District No. 52.
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 8148 to read as follows:
CHAPTER 8148. GALVESTON COUNTY MUNICIPAL UTILITY DISTRICT
NO. 52
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8148.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a member of the board.
(3) "District" means the Galveston County Municipal
Utility District No. 52.
Sec. 8148.002. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
(a) All land and other property included in the district will
benefit from the works and projects to be provided by the district
under powers conferred by Section 59, Article XVI, Texas
Constitution.
(b) The district exists to accomplish:
(1) the same purposes as a municipal utility district
as provided by Section 54.012, Water Code;
(2) the same purposes as a navigation district created
under Section 59, Article XVI, Texas Constitution, and operating
under Chapters 60 and 62, Water Code; and
(3) to the extent authorized by Section 52, Article
III, Texas Constitution, the construction, acquisition,
improvement, maintenance, or operation of macadamized, graveled,
or paved roads or turnpikes, or improvements in aid of those roads
or turnpikes, inside the district.
[Sections 8148.003-8148.050 reserved for expansion]
SUBCHAPTER B. POWERS AND DUTIES
Sec. 8148.051. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. 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.
Sec. 8148.052. NAVIGATION POWERS. The district may
purchase, construct, acquire, own, operate, maintain, improve, or
extend, inside and outside the district, canals, waterways,
bulkheads, docks, and any other improvements or facilities
necessary or convenient to accomplish the navigation purposes of
the district authorized by Section 59, Article XVI, Texas
Constitution.
Sec. 8148.053. ROAD PROJECTS. (a) The district may
construct, acquire, improve, maintain, or operate macadamized,
graveled, or paved roads or turnpikes, or improvements in aid of
those roads or turnpikes, inside the district.
(b) A road project must meet all applicable construction
standards, zoning and subdivision requirements, and regulatory
ordinances of the municipality or county in whose jurisdiction the
district is located.
(c) The district may not undertake a road project unless
each municipality or county in whose jurisdiction the district is
located consents by ordinance or resolution.
Sec. 8148.054. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section
54.016, Water Code, the district shall comply with all applicable
requirements of any ordinance or resolution adopted by the city
council of the City of Texas City that consents to the creation of
the district or to the inclusion of lands within the district.
Sec. 8148.055. LIMITATION ON USE OF EMINENT DOMAIN. The
district may exercise the power of eminent domain outside the
district only to acquire an easement necessary for underground
water, sewage, or drainage facilities that serve the district.
[Sections 8148.056-8148.100 reserved for expansion]
SUBCHAPTER C. BONDS
Sec. 8148.101. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. (a) The district may issue bonds or other
obligations as provided by Chapters 49 and 54, Water Code, to
finance the construction, maintenance, or operation of projects
under Section 8148.053.
(b) The district may not issue bonds to finance projects
authorized by Section 8148.053 unless the issuance is approved by a
vote of a two-thirds majority of the voters of the district voting
at an election called for that purpose.
(c) Bonds or other obligations issued or incurred to finance
projects authorized by Section 8148.053 may not exceed one-fourth
of the assessed value of the real property in the district.
(d) Sections 49.181 and 49.182, Water Code, do not apply to
a project undertaken by the district under Section 8148.053 or to
bonds issued by the district to finance the project.
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, 2005.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1807 passed the Senate on
May 10, 2005, by the following vote: Yeas 31, Nays 0; and that the
Senate concurred in House amendment on May 27, 2005, by the
following vote: Yeas 29, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1807 passed the House, with
amendment, on May 25, 2005, by the following vote: Yeas 144,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor