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AN ACT
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relating to the powers and duties of the Denton County Municipal |
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Utility Districts Nos. 4 and 5; providing authority to issue bonds; |
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providing authority to impose assessments, fees, and taxes. |
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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 Chapters 7980 and 7981 to read as |
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follows: |
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CHAPTER 7980. DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 4 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7980.001. DEFINITION. In this chapter, "district" |
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means the Denton County Municipal Utility District No. 4. |
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SUBCHAPTER B. POWERS AND DUTIES |
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Sec. 7980.051. 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. 7980.052. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may improve, |
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operate, or maintain any macadamized, graveled, or paved roads in |
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existence on September 1, 2017, or improvements, including storm |
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drainage, in aid of those roads inside the district. |
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Sec. 7980.053. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
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project must meet all applicable construction standards, zoning and |
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subdivision requirements, and regulations of each municipality in |
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whose corporate limits or extraterritorial jurisdiction the road |
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project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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Sec. 7980.054. ACCEPTANCE OF ROADS. (a) The district by |
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order of the board may accept any road inside the district that has |
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been dedicated by plat or otherwise transferred to the public. |
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(b) On acceptance of the road by the district, the district |
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is considered the owner of the accepted road and shall record |
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ownership of the road in the deed records of Denton County. |
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Sec. 7980.055. ELECTION REQUIRED. The district may not |
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exercise the powers authorized by Section 7980.052 unless approved |
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by a vote of a majority of district voters voting at an election |
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called for that purpose. |
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SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS |
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Sec. 7980.101. ISSUANCE OF BONDS AND OTHER OBLIGATIONS FOR |
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ROAD PROJECTS PROHIBITED. The district may not issue bonds or other |
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obligations payable wholly or partly from ad valorem taxes, impact |
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fees, revenue, contract payments, grants, or other district money, |
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or any combination of those sources, to pay for a road project |
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authorized by Section 7980.052. |
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CHAPTER 7981. DENTON COUNTY MUNICIPAL UTILITY DISTRICT NO. 5 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7981.001. DEFINITION. In this chapter, "district" |
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means the Denton County Municipal Utility District No. 5. |
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SUBCHAPTER B. POWERS AND DUTIES |
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Sec. 7981.051. 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, |
|
|
applicable to municipal utility districts created under Section 59, |
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|
Article XVI, Texas Constitution. |
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|
Sec. 7981.052. AUTHORITY FOR ROAD PROJECTS. Under Section |
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|
52, Article III, Texas Constitution, the district may improve, |
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|
operate, or maintain any macadamized, graveled, or paved roads in |
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|
existence on September 1, 2017, or improvements, including storm |
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|
drainage, in aid of those roads inside the district. |
|
|
Sec. 7981.053. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
|
|
project must meet all applicable construction standards, zoning and |
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|
subdivision requirements, and regulations of each municipality in |
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|
whose corporate limits or extraterritorial jurisdiction the road |
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|
project is located. |
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|
(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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|
Sec. 7981.054. ACCEPTANCE OF ROADS. (a) The district by |
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|
order of the board may accept any road inside the district that has |
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|
been dedicated by plat or otherwise transferred to the public. |
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|
(b) On acceptance of the road by the district, the district |
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is considered the owner of the accepted road and shall record |
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ownership of the road in the deed records of Denton County. |
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Sec. 7981.055. ELECTION REQUIRED. The district may not |
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exercise the powers authorized by Section 7981.052 unless approved |
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by a vote of a majority of district voters voting at an election |
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called for that purpose. |
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SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS |
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Sec. 7981.101. ISSUANCE OF BONDS AND OTHER OBLIGATIONS FOR |
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ROAD PROJECTS PROHIBITED. The district may not issue bonds or other |
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obligations payable wholly or partly from ad valorem taxes, impact |
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fees, revenue, contract payments, grants, or other district money, |
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or any combination of those sources, to pay for a road project |
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authorized by Section 7981.052. |
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SECTION 2. (a) The legislature validates and confirms all |
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governmental acts and proceedings of the Denton County Municipal |
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Utility Districts Nos. 4 and 5 that were taken before the effective |
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date of this Act. |
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(b) This section does not apply to any matter that on the |
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effective date of this Act: |
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(1) is involved in litigation if the litigation |
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ultimately results in the matter being held invalid by a final court |
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judgment; or |
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(2) has been held invalid by a final court judgment. |
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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 August 1, 2017. |
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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. 2987 was passed by the House on May |
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19, 2017, by the following vote: Yeas 137, Nays 7, 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. 2987 was passed by the Senate on May |
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24, 2017, by the following vote: Yeas 29, Nays 1, 1 present, not |
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voting. |
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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 |