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AN ACT
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relating to the powers and duties of the Bayview Municipal Utility |
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District of Galveston County; providing authority to impose a tax |
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and issue bonds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 6901, Special District |
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Local Laws Code, is amended by adding Section 6901.061 to read as |
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follows: |
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Sec. 6901.061. DEFINED AREAS. (a) Notwithstanding the |
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limitation on authorization based on acreage under Section |
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54.801(a), Water Code, the district may establish and administer |
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defined areas as provided by Subchapter J, Chapter 54, Water Code. |
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(b) Under Section 52, Article III, Texas Constitution, the |
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district may construct, acquire, improve, maintain, or operate in a |
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defined area established under this section: |
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(1) macadamized, graveled, or paved roads; or |
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(2) improvements, including storm drainage, in aid of |
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those roads. |
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(c) The district may issue bonds or other obligations as |
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provided by Chapters 49 and 53, Water Code, to finance the |
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construction, acquisition, improvement, maintenance, or operation |
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of projects under Subsection (b). |
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(d) The district may impose an ad valorem tax on real |
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property in a defined area to pay the principal of or interest on |
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bonds issued under Subsection (c) to finance projects benefiting |
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the defined area. |
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(e) The district may not issue bonds or other obligations |
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secured wholly or partly by ad valorem taxes to finance a project |
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authorized by Subsection (b) unless the issuance is approved by a |
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vote of a two-thirds majority of the voters of the defined area to |
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be benefited by the project as provided by Subchapter J, Chapter 54, |
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Water Code, voting at an election called for that purpose. The |
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simple majority vote approval required by Section 54.808(a), Water |
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Code, does not apply to an election under this subsection. |
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(f) At the time of issuance, the total principal amount of |
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bonds or other obligations issued or incurred to finance projects |
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authorized by Subsection (b) benefiting a defined area may not |
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exceed one-fourth of the assessed value of the real property in the |
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defined area. |
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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, 2009. |
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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. 4723 was passed by the House on May 5, |
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2009, by the following vote: Yeas 144, Nays 0, 1 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. 4723 was passed by the Senate on May |
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27, 2009, 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 |