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AN ACT
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relating to the powers, duties, operation, and financing of the |
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Collin County Municipal Utility District No. 1; providing |
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authority to impose a tax and issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8164 to read as follows: |
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CHAPTER 8164. COLLIN COUNTY MUNICIPAL UTILITY DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8164.001. DEFINITION. In this chapter, "district" |
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means the Collin County Municipal Utility District No. 1. |
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Sec. 8164.002. NATURE OF DISTRICT. (a) The district is a |
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municipal utility district with road powers. |
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(b) The district is essential to accomplish the purposes of |
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Section 52, Article III, and Section 59, Article XVI, Texas |
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Constitution, and will serve a public use and benefit. |
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[Sections 8164.003-8164.050 reserved for expansion] |
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SUBCHAPTER B. POWERS AND DUTIES |
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Sec. 8164.051. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8164.052. ROAD PROJECTS. (a) The district may |
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construct, acquire, improve, maintain, or operate macadamized, |
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graveled, or paved roads or turnpikes, or improvements in aid of |
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those roads or turnpikes, inside or outside the district. |
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(b) A road project must meet all applicable construction |
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standards, zoning and subdivision requirements, and regulatory |
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ordinances of the municipality or county in whose jurisdiction the |
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district is located. |
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Sec. 8164.053. ROAD CONTRACTS. The district may contract |
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for a road project in the same manner as provided by Subchapter I, |
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Chapter 49, Water Code. |
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Sec. 8164.054. CONTRACT WITH POLITICAL SUBDIVISION FOR |
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WATER OR SEWER SERVICES. (a) The district may enter into a |
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contract to allow a political subdivision to provide retail water |
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or sewer service in the district. The contract may contain terms |
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the board considers desirable, fair, and advantageous to the |
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district. |
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(b) The contract may provide that the district will |
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construct or acquire and convey to the political subdivision a |
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water supply or treatment system, a water distribution system, or a |
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sanitary sewage collection or treatment system, as necessary to |
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provide water or sewer service in the district. |
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(c) The district may use bond proceeds or other available |
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district money to pay for its obligations and for services and |
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facilities provided under the contract. |
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(d) If the contract requires the district to make payments |
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from taxes other than operation and maintenance taxes, the contract |
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is subject to Section 49.108, Water Code. |
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[Sections 8164.055-8164.100 reserved for expansion] |
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SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS |
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Sec. 8164.101. OPERATION AND MAINTENANCE TAX. (a) The |
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district may impose a tax for any district operation and |
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maintenance purpose in the manner provided by Section 49.107, Water |
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Code. |
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(b) Section 49.107(f), Water Code, does not apply to |
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reimbursements for projects constructed or acquired under Section |
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8164.052. |
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Sec. 8164.102. TAX TO REPAY BONDS. The district may impose |
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a tax to pay the principal of and interest on bonds issued under |
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Section 8164.151. |
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Sec. 8164.103. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND |
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ASSESSMENTS. The district may not impose an impact fee or |
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assessment on the property, including the equipment, |
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rights-of-way, facilities, or improvements, of: |
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(1) an electric utility or a power generation company |
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as defined by Section 31.002, Utilities Code; |
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(2) a gas utility as defined by Section 101.003 or |
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121.001, Utilities Code; |
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(3) a telecommunications provider as defined by |
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Section 51.002, Utilities Code; or |
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(4) a person who provides to the public cable |
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television or advanced telecommunications services. |
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[Sections 8164.104-8164.150 reserved for expansion] |
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SUBCHAPTER D. BONDS |
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Sec. 8164.151. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. (a) In addition to the general authority to issue |
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bonds under Chapters 49 and 54, Water Code, the district may issue |
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bonds or other obligations as provided by Chapters 49 and 54, Water |
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Code, to finance: |
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(1) the construction, maintenance, or operation of |
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projects under Section 8164.052; or |
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(2) the district's contractual obligations under |
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Section 8164.054. |
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(b) The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, grants, or other district money or any combination of |
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those sources. |
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(c) The district may not issue bonds or other obligations |
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secured wholly or partly by ad valorem taxation to finance projects |
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authorized by Section 8164.052 unless the issuance is approved by a |
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vote of a two-thirds majority of the voters of the district voting |
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at an election called for that purpose. |
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(d) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 8164.052 may not exceed one-fourth |
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of the assessed value of the real property in the district. |
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(e) Sections 49.181 and 49.182, Water Code, do not apply to |
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a project undertaken by the district under Section 8164.052 or to |
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bonds issued by the district to finance the project. |
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SECTION 2. The Collin County Municipal Utility District No. |
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1 retains all the rights, powers, privileges, authority, duties, |
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and functions that it had before the effective date of this Act. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2442 was passed by the House on May 8, |
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2007, by the following vote: Yeas 146, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2442 was passed by the Senate on May |
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23, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |