HB4370 - Relating to the projects undertaken by a public improvement district, municipal management district, water control and improvement district, fresh water supply district, or municipal utility district.

      H.B. No. 4370         AN ACT   relating to the projects undertaken by a public improvement   district, municipal management district, water control and   improvement district, fresh water supply district, or municipal   utility district.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 372.003, Local Government Code, is   amended by amending Subsection (b) and adding Subsection (b-2) to   read as follows:          (b)  A public improvement project may include:                (1)  landscaping;                (2)  erection of fountains, distinctive lighting, and   signs;                (3)  acquiring, constructing, improving, widening,   narrowing, closing, or rerouting of sidewalks or of streets, any   other roadways, or their rights-of-way;                (4)  construction or improvement of pedestrian malls;                (5)  acquisition and installation of pieces of art;                (6)  acquisition, construction, or improvement of   libraries;                (7)  acquisition, construction, or improvement of   off-street parking facilities;                (8)  acquisition, construction, improvement, or   rerouting of mass transportation facilities;                (9)  acquisition, construction, or improvement of   water, geothermal water conveyance, wastewater, or drainage   facilities or improvements;                (10)  the establishment or improvement of parks;                (11)  projects similar to those listed in Subdivisions   (1)-(10);                (12)  acquisition, by purchase or otherwise, of real   property in connection with an authorized improvement;                (13)  special supplemental services for improvement   and promotion of the district, including services relating to   advertising, promotion, health and sanitation, water and   wastewater, public safety, security, business recruitment,   development, recreation, and cultural enhancement;                (14)  payment of expenses incurred in the   establishment, administration, and operation of the district; and                (15)  the development, rehabilitation, or expansion of   affordable housing.           (b-2)     Payment of expenses under Subsection (b)(9) may also   include expenses related to the operation and maintenance of a   geothermal water conveyance facility or improvement.          SECTION 2.  Section 372.023(a), Local Government Code, is   amended to read as follows:          (a)  Costs of improvements may be paid or reimbursed by any   combination of the methods described by this section if the   improvements are dedicated, conveyed, leased, or otherwise   provided to or for the benefit of:                (1)  a municipality or county;                (2)  a political subdivision or other entity exercising   the powers granted under this subchapter as authorized by other   law; [ or ]                (3)  an entity that:                      (A)  is approved by the governing body of an   entity described by Subdivision (1) or (2); and                      (B)  is authorized by order, ordinance,   resolution, or other official action to act for an entity described   by Subdivision (1) or (2) ; or                 (4)     an entity subject to the regulatory jurisdiction   of the Public Utility Commission of Texas .          SECTION 3.  Section 375.093(c), Local Government Code, is   amended to read as follows:          (c)  If a district, in exercising any of the powers conferred   by this chapter, requires the relocation, adjustment, raising,   lowering, rerouting, or changing the grade of or altering the   construction of any street, alley, highway, overpass, underpass, or   road, any railroad track, bridge, or other facilities or property,   any electric lines, conduits, or other facilities or property, any   telephone or telegraph lines, conduits, or other facilities or   property, any gas transmission or distribution pipes, pipelines,   mains, or other facilities or property, any water, geothermal water   conveyance, sanitary sewer or storm sewer pipes, pipelines, mains,   or other facilities, or property, any cable television lines,   cables, conduits, or other facilities or property, or any other   pipelines and any facilities or properties relating to those   pipelines, those relocations, adjustments, raising, lowering,   rerouting, or changing of grade, or altering of construction must   be accomplished at the sole cost and expense of the district, and   damages that are suffered by the owners of the property or   facilities shall be borne by the district.          SECTION 4.  Section 375.112(a), Local Government Code, is   amended to read as follows:          (a)  An improvement project or services provided by the   district may include the construction, acquisition, improvement,   relocation, operation, maintenance, or provision of:                (1)  landscaping; lighting, banners, and signs;   streets and sidewalks; pedestrian skywalks, crosswalks, and   tunnels; seawalls; marinas; drainage and navigation improvements;   pedestrian malls; solid waste, water, sewer, and power facilities,   including electrical, gas, steam, cogeneration, and chilled water   facilities and geothermal water conveyance facilities or   improvements ; parks, plazas, lakes, rivers, bayous, ponds, and   recreation and scenic areas; historic areas; fountains; works of   art; off-street parking facilities, bus terminals, heliports, and   mass transit systems; theatres, studios, exhibition halls,   production facilities and ancillary facilities in support of the   foregoing; and the cost of any demolition in connection with   providing any of the improvement projects;                (2)  other improvements similar to those described in   Subdivision (1);                (3)  the acquisition of real property or any interest   in real property in connection with an improvement, project, or   services authorized by this chapter, Chapter 54, Water Code, or   Chapter 365 or 441, Transportation Code;                (4)  special supplemental services for advertising,   economic development, promoting the area in the district, health   and sanitation, public safety, maintenance, security, business   recruitment, development, elimination or relief of traffic   congestion, recreation, and cultural enhancement; and                (5)  expenses incurred in the establishment,   administration, maintenance, and operation of the district or any   of its improvements, projects, or services.          SECTION 5.  Section 51.121(b), Water Code, is amended to   read as follows:          (b)  A water control and improvement district organized   under the provisions of Article XVI, Section 59, of the Texas   Constitution, may provide for:                (1)  the control, storage, preservation, and   distribution of its water and floodwater and the water of its rivers   and streams for irrigation, power, and all other useful purposes;                (2)  the reclamation and irrigation of its arid,   semiarid, and other land which needs irrigation;                (3)  the reclamation, drainage, conservation, and   development of its forests, water, and hydroelectric power;                (4)  the navigation of its coastal and inland water;                (5)  the control, abatement, and change of any shortage   or harmful excess of water;                (6)  the protection, preservation, and restoration of   the purity and sanitary condition of water within the state; and                (7)  the preservation and conservation of all natural   resources of the state , including through the use of geothermal   water conveyance systems for the conservation of natural resources .          SECTION 6.  Section 51.125, Water Code, is amended to read as   follows:          Sec. 51.125.  CONSTRUCTION OF IMPROVEMENTS.  A district may   construct all works and improvements necessary:                (1)  for the prevention of floods;                (2)  for the irrigation of land in the district;                (3)  for the drainage of land in the district,   including drainage ditches or other facilities for drainage;                (4)  for the construction of levees to protect the land   in the district from overflow;                (5)  to alter land elevations where correction is   needed; [ and ]                (6)  to supply water for municipal uses, domestic uses,   power and commercial purposes, and all other beneficial uses or   controls ; and                 (7)     for the construction of geothermal water   conveyance systems necessary for the conservation of natural   resources .          SECTION 7.  Subchapter D, Chapter 53, Water Code, is amended   by adding Section 53.123 to read as follows:           Sec.   53.123.     GEOTHERMAL WATER CONVEYANCE SYSTEMS. A   district may purchase, construct, acquire, own, operate, repair,   improve, and extend geothermal water conveyance systems in the   district.          SECTION 8.  Section 53.182, Water Code, is amended by adding   Subsection (d) to read as follows:           (d)     For the purposes of Section 53.123, a district may issue   bonds payable from ad valorem taxes, revenues, or a combination   thereof.          SECTION 9.  Section 54.012, Water Code, is amended to read as   follows:          Sec. 54.012.  PURPOSES OF A DISTRICT. A district shall be   created for the following purposes:                (1)  the control, storage, preservation, and   distribution of its storm water and floodwater, the water of its   rivers and streams for irrigation, power, and all other useful   purposes;                (2)  the reclamation and irrigation of its arid,   semiarid, and other land needing irrigation;                (3)  the reclamation and drainage of its overflowed   land and other land needing [Text truncated for display. Full text available on Congress.gov.]