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AN ACT
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relating to the issuance of bonds by certain conservation and |
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reclamation districts. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 49.4645, Water Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) A district all or part of which is located in Bastrop |
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County, Bexar County, Waller County, Travis County, Williamson |
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County, Harris County, Galveston County, Brazoria County, |
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Montgomery County, or Fort Bend County may issue bonds supported by |
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ad valorem taxes to pay for the development and maintenance of |
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recreational facilities only if the bonds are authorized by a |
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majority vote of the voters of the district voting in an election |
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held for that purpose. Except as provided by Subsection (a-1), the |
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[The] outstanding principal amount of bonds, notes, and other |
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obligations issued to finance parks and recreational facilities |
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supported by ad valorem taxes may not exceed an amount equal to one |
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percent of the value of the taxable property in the district [or, if |
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supported by contract taxes under Section 49.108, may not exceed an |
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amount equal to one percent of the value of the taxable property in |
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the districts making payments under the contract] as shown by the |
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tax rolls of the central appraisal district at the time of the |
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issuance of the bonds, notes, and other obligations [or an amount |
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greater than the estimated cost provided in the park plan under |
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Subsection (b), whichever is smaller]. To establish the value of |
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the taxable property in a district under this section, the district |
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may use an estimate of the value provided by the central appraisal |
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district. The district may not issue bonds supported by ad valorem |
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taxes to pay for the development and maintenance of: |
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(1) indoor or outdoor swimming pools; or |
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(2) golf courses. |
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(a-1) The outstanding principal amount of bonds, notes, and |
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other obligations issued to finance a recreational facility under |
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Subsection (a) may exceed an amount equal to one percent but not |
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three percent of the value of the taxable property in the district |
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or, if supported by contract taxes under Section 49.108, the value |
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of the taxable property in the districts making payments under the |
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contract, if the district has: |
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(1) a ratio of debt to certified assessed valuation of |
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10 percent or less; |
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(2) a credit rating that conforms to commission rules; |
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(3) a credit enhanced rating on the district's |
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proposed bond issue that conforms to commission rules; or |
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(4) a contract with a political subdivision or an |
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entity acting on behalf of a political subdivision under which the |
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political subdivision or the entity agrees to provide to the |
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district taxes or other revenues, as consideration for the |
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district's development or acquisition of the facility, including a |
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contract under Section 49.108. |
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SECTION 2. Section 54.016(e), Water Code, is amended to |
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read as follows: |
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(e) A city may provide in its written consent to the |
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inclusion of land in a district, that the district construct all |
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facilities to serve the land in accordance with plans and |
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specifications which have been approved by the city. The city may |
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also provide in its written consent that the city shall have the |
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right to inspect all facilities being constructed by a district. |
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The city's consent to the inclusion of land in the district may also |
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contain restrictions on the terms and provisions of the district's |
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bonds and notes issued to provide service to the land and conditions |
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on the sale of the district's bonds and notes if the restrictions |
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and conditions do not generally render the bonds and notes of |
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districts in the city's extraterritorial jurisdiction |
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unmarketable. The city's consent to the inclusion of land in a |
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district may restrict the purposes for which a district may issue |
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bonds to [the] purposes authorized by law for the district [of the |
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purchase, construction, acquisition, repair, extension and |
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improvement of land, easements, works, improvements, facilities, |
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plants, equipment and appliances necessary to: |
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[(1) provide a water supply for municipal uses, |
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domestic uses and commercial purposes; |
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[(2) collect, transport, process, dispose of and |
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control all domestic, industrial or communal wastes whether in |
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fluid, solid or composite state; and |
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[(3) gather, conduct, divert and control local storm |
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water or other local harmful excesses of water in the district and |
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the payment of organization expenses, operation expenses during |
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construction and interest during construction]. |
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SECTION 3. The change in law made by this Act to Section |
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54.016(e), Water Code, does not affect the terms of a city's |
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resolution or ordinance adopted before the effective date of this |
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Act that constitutes a valid, written consent under Section 54.016 |
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of that code for land that was included in a district prior to the |
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effective date of this Act. |
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SECTION 4. 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, 2021. |
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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. 1410 was passed by the House on April |
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14, 2021, by the following vote: Yeas 131, Nays 14, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 1410 on May 28, 2021, by the following vote: Yeas 126, Nays 17, |
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1 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1410 was passed by the Senate, with |
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amendments, on May 27, 2021, by the following vote: Yeas 29, Nays |
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2. |
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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 |