H.B. No. 3770
 
 
 
 
AN ACT
  relating to the acquisition of road powers by a municipal utility
  district.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 54.234, Water Code, is amended to read as
  follows:
         Sec. 54.234.  ACQUIRING ROAD [UTILITY DISTRICT] POWERS.  (a)  
  Any district or any petitioner seeking the creation of a district[,
  which has the power to levy taxes,] may petition the commission to
  acquire the power [powers granted to road utility districts
  operating pursuant to Chapter 441, Transportation Code,] under the
  authority of Article III, Section 52, Texas Constitution, to
  design, acquire, construct, finance, issue bonds for, and convey to
  this state, a county, or a municipality for operation and
  maintenance, a road described by Subsection (b) or any improvement
  in aid of the road.
         (b)  The road must meet the criteria for a thoroughfare,
  arterial, or collector road of:
               (1)  a county in whose jurisdiction the proposed road
  project is located; or
               (2)  a municipality in whose corporate limits or
  extraterritorial jurisdiction the proposed road project is
  located.
         (c)  As soon as practicable after such petition has been
  filed with the commission, the commission shall issue an order
  either approving or denying such petition.
         (d)  If the commission issues an order approving the
  petition, the district may undertake a road project if:
               (1)  the municipality or county that will operate and
  maintain the road has approved the plans and specifications of the
  road project; or
               (2)  the Texas Transportation Commission has approved
  the plans and specifications of the road project, if the state is to
  operate and maintain the road.
         (e)  Except as provided by Subsection (d), a district is not
  required to obtain approval from the Texas Transportation
  Commission to acquire, construct, convey, or finance the road
  project. [In the event of any conflict between the provisions of
  the Water Code and the general laws of this state applicable to the
  district and the provisions of Chapter 441, Transportation Code,
  the provisions of the Water Code and the general laws of this state
  applicable to the district shall prevail.]
         SECTION 2.  Section 54.234, Water Code, as amended by this
  Act, applies to a municipal utility district that acquires road
  powers before, on, or after the effective date of this Act.
         SECTION 3.  A bond election held before the effective date of
  this Act by a municipal utility district to finance a road project
  authorized by Section 54.234, Water Code, is validated.
         SECTION 4.  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, 2007.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3770 was passed by the House on May 9,
  2007, by the following vote:  Yeas 143, Nays 1, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3770 was passed by the Senate on May
  23, 2007, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor