This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
S.B. No. 1881
AN ACT
relating to the validation, annexation, powers, and duties of the
Parker Creek Municipal Utility District of Rockwall County;
providing authority to impose a tax and issue bonds; granting the
power of eminent domain.
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 8123 to read as follows:
CHAPTER 8123. PARKER CREEK MUNICIPAL UTILITY DISTRICT
OF ROCKWALL COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8123.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "District" means the Parker Creek Municipal
Utility District of Rockwall County.
Sec. 8123.002. NATURE OF DISTRICT. The district is a
municipal utility district in Rockwall County created under and
essential to accomplish the purposes of Section 52, Article III,
and Section 59, Article XVI, Texas Constitution.
Sec. 8123.003. 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.
[Sections 8123.004-8123.050 reserved for expansion]
SUBCHAPTER B. ANNEXATION BY MUNICIPALITY
Sec. 8123.051. REQUEST FOR ANNEXATION. (a) The board may
adopt a resolution requesting that a municipality in whose
extraterritorial jurisdiction the district is wholly or partly
located annex all or part of the territory of the district.
(b) The resolution adopted must describe the territory
requested for annexation by metes and bounds.
(c) If the board adopts a resolution as provided by
Subsection (a), the municipality may by ordinance annex the
territory described in the resolution without complying with other
procedural requirements.
(d) If the board adopts a resolution requesting annexation
by a municipality under this section, the terms of the resolution
control the annexation. If the board does not adopt a resolution
requesting annexation, the terms regarding annexation of any
agreement between the municipality and the district or a property
owner in the district control the annexation.
Sec. 8123.052. CONTINUANCE OF DISTRICT; DISTRICT POWERS.
Annexation by a municipality of all or part of the territory of the
district under this subchapter does not affect any district power
or duty that the district had before the annexation.
[Sections 8123.053-8123.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES CONTINGENT ON ANNEXATION
BY MUNICIPALITY
Sec. 8123.101. APPLICABILITY OF SUBCHAPTER. This
subchapter applies to the district only if the district is wholly or
partly annexed by a municipality under Subchapter B.
Sec. 8123.102. ROAD PROJECTS. (a) In the part of the
district annexed by the municipality, 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.
(b) A project authorized by this section must meet or exceed
all applicable construction standards, zoning and subdivision
requirements, and regulatory ordinances of the municipality. The
district may not undertake a road project under this section unless
the municipality consents by ordinance or resolution.
(c) The district may contract for a road project in the
manner provided by Subchapter I, Chapter 49, Water Code.
(d) Section 49.182, Water Code, does not apply to a project
under this section.
Sec. 8123.103. FINANCING OF ROAD PROJECTS. (a) Except as
provided by Subsections (b) and (c), the district may issue bonds or
other obligations as provided by Chapters 49 and 54, Water Code, to
finance a project under Section 8123.102 in the part of the district
annexed by a municipality.
(b) The district may not issue bonds or other obligations
secured wholly or partly by ad valorem taxes to finance a project
under Section 8123.102 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 to finance projects
under Section 8123.102 may not exceed one-fourth of the assessed
value of the real property in the district.
(d) Section 49.181, Water Code, does not apply to bonds
issued under this section.
[Sections 8123.104-8123.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL POWERS
Sec. 8123.151. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. (a) The district may issue bonds in accordance with
Chapters 49 and 54, Water Code.
(b) District bonds or other obligations are payable wholly
or partly from ad valorem taxes, impact fees, revenue, grants,
other district money, or any combination of those sources of money.
Sec. 8123.152. TAX TO REPAY BONDS. The district may impose
a tax to pay the principal of and interest on bonds issued under
Section 8123.103 or 8123.151.
Sec. 8123.153. OPERATION AND MAINTENANCE TAX. (a) The
district may impose a tax for any district operation and
maintenance purpose in the manner provided by Section 49.107, Water
Code.
(b) Section 49.107(f), Water Code, does not apply to
reimbursement for a project constructed or acquired under Section
8123.102.
SECTION 2. (a) The following are validated and confirmed
in all respects:
(1) the creation of the Parker Creek Municipal Utility
District of Rockwall County and all proceedings related to the
creation of the district, effective as of the date on which the
creation or related proceedings occurred; and
(2) any act or proceeding of the Parker Creek
Municipal Utility District of Rockwall County, including an
election, not excepted by this section and taken not more than two
years before the effective date of this Act, effective as of the
date on which the act or proceeding occurred.
(b) This section does not apply to:
(1) an act, proceeding, director, other official,
bond, or other obligation the validity of which or of whom is the
subject of litigation that is pending on the effective date of this
Act; or
(2) an act or proceeding that, under a statute of this
state or the United States, was a misdemeanor or felony at the time
the act or proceeding occurred.
SECTION 3. The Parker Creek Municipal Utility District of
Rockwall County retains all the rights, powers, privileges,
authority, duties, and functions that it had before the effective
date of this Act.
SECTION 4. Except as provided by Sections 8123.051 and
8123.052, Special District Local Laws Code, as added by this Act, to
the extent of any conflict between this Act and the terms and
provisions of any agreement executed before the effective date of
this Act between a municipality and the Parker Creek Municipal
Utility District of Rockwall County or a property owner in that
district, the agreement prevails.
SECTION 5. (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 6. 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. 1881 passed the Senate on
May 5, 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. 1881 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