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AN ACT
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relating to the powers and duties of the Sunfield Municipal Utility |
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District No. 1 regarding elections and road projects; 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 8200 to read as follows: |
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CHAPTER 8200. SUNFIELD MUNICIPAL UTILITY DISTRICT NO. 1 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8200.001. DEFINITION. In this chapter, "district" |
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means the Sunfield Municipal Utility District No. 1. |
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Sec. 8200.002. ELECTION DATE. Section 41.001(a), Election |
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Code, does not apply to an election: |
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(1) to confirm the district's creation; |
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(2) to elect initial directors; or |
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(3) to approve a maintenance tax, a bond, or a |
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contract. |
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[Sections 8200.003-8200.050 reserved for expansion] |
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SUBCHAPTER B. POWERS AND DUTIES |
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Sec. 8200.051. ROAD PROJECTS. (a) To the extent authorized |
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by Section 52, Article III, Texas Constitution, 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 regulations |
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of: |
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(1) each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located; and |
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(2) each county in which the district is located. |
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Sec. 8200.052. CONVEYANCE OF ROAD TO MUNICIPALITY OR |
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COUNTY. On completion of a road or road facility authorized by this |
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section, the district, with the consent of a municipality or |
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county, may convey the road or road facility to the municipality or |
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county if the conveyance is free of all indebtedness of the |
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district. If the municipality or county becomes the owner of a road |
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or road facility, the municipality or county is responsible for all |
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future maintenance and upkeep and the district has no further |
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responsibility for the road or road facility or its maintenance or |
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upkeep, unless otherwise agreed to by the district and the |
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municipality or county. |
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Sec. 8200.053. REIMBURSEMENT FOR ROAD PROJECT. (a) The |
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district may: |
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(1) reimburse a private person for money spent to |
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construct a road or road facility that is dedicated or otherwise |
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transferred to public use; or |
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(2) purchase a road or road facility constructed by a |
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private person. |
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(b) The amount paid for the reimbursement or for the |
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purchase of a road or road facility under Subsection (a) may: |
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(1) include all construction costs, including |
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engineering, legal, financing, and other expenses incident to the |
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construction; or |
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(2) be at a price not to exceed the replacement cost of |
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the road or road facility as determined by the board. |
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(c) The reimbursement or purchase of a road or road facility |
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may be paid for with proceeds from the sale of the district's bonds |
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or from any other money available to the district. |
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(d) The district may enter into an agreement to use the |
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proceeds of a subsequent bond sale to reimburse a private person |
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under this section. The agreement may provide the terms under which |
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the road or road facility is to be dedicated or transferred for the |
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benefit of the public. |
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[Sections 8200.054-8200.100 reserved for expansion] |
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SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS |
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Sec. 8200.101. TAX TO REPAY BONDS FOR ROAD PROJECTS. The |
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district may impose an ad valorem tax to pay the principal of or |
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interest on bonds issued under Section 8200.151. |
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[Sections 8200.102-8200.150 reserved for expansion] |
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SUBCHAPTER D. BONDS |
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Sec. 8200.151. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or |
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other obligations as provided by Chapters 49 and 54, Water Code, and |
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to finance the construction, maintenance, or operation of projects |
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under Section 8200.051. |
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(b) The district may not issue bonds or other obligations to |
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finance projects authorized by Section 8200.051 unless the issuance |
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is approved by a vote of a two-thirds majority of the voters of the |
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district voting at an election called for that purpose. |
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(c) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 8200.051 may not exceed one-fourth |
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of the assessed value of the real property in the district. |
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SECTION 2. (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 3. 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. 4043 was passed by the House on May 9, |
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2007, by the following vote: Yeas 144, 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. 4043 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 |