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AN ACT
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relating to the creation and powers of the Fort Bend County |
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Municipal Utility District No. 182, including powers related to the |
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construction, maintenance, operation, and financing of roads or |
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turnpikes; providing authority to impose a tax and issue bonds; |
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granting the power of eminent domain. |
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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 8176 to read as follows: |
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CHAPTER 8176. FORT BEND COUNTY MUNICIPAL UTILITY |
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DISTRICT NO. 182 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8176.001. DEFINITION. In this chapter, "district" |
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means the Fort Bend County Municipal Utility District No. 182. |
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Sec. 8176.002. NATURE OF DISTRICT. The district is a |
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municipal utility district in Fort Bend County created under and |
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essential to accomplish the purposes of Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8176.003. APPLICABILITY OF OTHER LAW. Except as |
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otherwise provided by this chapter, the following laws apply to the |
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district: |
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(1) Chapters 49 and 54, Water Code, including |
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Subchapter J, Chapter 54, Water Code; and |
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(2) Section 52(b)(3), Article III, Texas |
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Constitution. |
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[Sections 8176.004-8176.050 reserved for expansion] |
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SUBCHAPTER B. ADDITIONAL POWERS AND DUTIES |
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Sec. 8176.051. 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 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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(c) The district may not undertake a road project unless |
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each municipality in whose jurisdiction the district is located |
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consents by ordinance or resolution. |
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Sec. 8176.052. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section |
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54.016, Water Code, the district shall comply with all applicable |
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requirements of any ordinance or resolution adopted by the city |
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council of the City of Fulshear, including an ordinance or |
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resolution adopted before September 1, 2007, that consents to the |
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creation of the district or to the inclusion of lands within the |
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district. |
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[Sections 8176.053-8176.100 reserved for expansion] |
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SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS |
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Sec. 8176.101. TAX TO REPAY BONDS FOR ROAD PROJECTS. The |
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district may impose a tax to pay the principal of or interest on |
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bonds issued under Section 8176.151. |
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[Sections 8176.102-8176.150 reserved for expansion] |
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SUBCHAPTER D. BONDS |
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Sec. 8176.151. AUTHORITY TO ISSUE BONDS FOR ROAD PROJECTS. |
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(a) The district may issue bonds or other obligations as provided |
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by Chapters 49 and 54, Water Code, to finance the construction, |
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maintenance, or operation of projects under Section 8176.051. |
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(b) 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 8176.051 unless the issuance is approved by a |
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vote of a two-thirds majority of the voters in the district or of |
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the defined areas to be benefited by the project as provided by |
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Subchapter J, Chapter 54, Water Code, voting at an election called |
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for that purpose. The simple majority vote approval required by |
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Section 54.808(a), Water Code, does not apply to an election under |
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this subsection. |
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(c) Bonds or other obligations issued or incurred to finance |
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projects authorized by Section 8176.051 may not exceed one-fourth |
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of the assessed value of the real property in the district or the |
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defined area, as applicable. |
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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 September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 683 passed the Senate on |
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March 28, 2007, by the following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 683 passed the House on |
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May 23, 2007, by the following vote: Yeas 144, Nays 0, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |