| (a) Bonds, as referred to in this subchapter, include
any bonds authorized to be issued by the Texas Water Code (TWC) or
special statute, and are represented by an instrument issued in bearer
or registered form. This section does not apply to:
(1) refunding bonds, if the commission issued an order
approving the issuance of the bonds or notes that originally financed
the project;
(2) refunding bonds that are issued by a district under
an agreement between the district and a municipality allowing the
issuance of the district's bonds to refund bonds issued by the municipality
to pay the cost of financing facilities;
(3) bonds issued to and approved by the Farmers Home
Administration, the United States Department of Agriculture, the North
American Development Bank, or the Texas Water Development Board, or
successor agencies;
(4) refunding bonds issued to refund bonds described
by paragraph (3) of this subsection;
(5) bonds issued by a public utility agency created
under Local Government Code, Chapter 572, any of the public entities
participating in which are districts, if at least one of those districts
is a district described by subsection (d)(1)(E) of this section; or
(6) bonds issued by a district to finance a project
for which the commission has not adopted rules requiring review and
approval.
(b) This subchapter does apply to revenue notes to
the extent described in §293.80(d) of this title (relating to
Revenue Notes) and contract tax obligations to the extent described
in §293.89 of this title (relating to Contract Tax Obligations).
(c) The commission has the statutory responsibility
to approve projects relating to the issuance and sale of bonds for
districts as defined in TWC, §49.001(1), and other districts
where specifically required by law.
(d) This subchapter does not apply to:
(1) a district if:
(A) the boundaries include one entire county;
(B) the district was created by a special act of the
legislature; and
(i) the district is located entirely within one county
and entirely within one or more home-rule municipalities;
(ii) the total taxable value of the real property and
improvements to the real property, zoned by one or more home-rule
municipalities for residential purposes and located within the district,
does not exceed 25% of the total taxable value of all taxable property
in the district, as shown by the most recent certified appraisal tax
roll prepared by the appraisal district for the county; and
(iii) the district was not required by law to obtain
commission approval of its bonds before September 1, 1995;
(C) the district is a special water authority as defined
by TWC, §49.001(8);
(D) the district is governed by a board of directors
appointed in whole or part by the governor, a state agency, or the
governing body or chief elected official of a municipality or county
and does not provide, or propose to provide, water, wastewater, drainage,
reclamation, or flood control services to residential retail or commercial
customers as its principal function; or
(E) the district:
(i) is a municipal utility district operating under
TWC, Chapter 54, that includes territory in only two counties;
(ii) has outstanding long-term indebtedness that is
rated BBB or better by a nationally recognized rating agency for municipal
securities; and
(iii) has at least 5,000 active water connections;
or
(F) the district:
(i) is a conservation and reclamation district created
under the Texas Constitution, Article
16, §59, that includes territory in at least three counties;
and
(ii) has the rights, privileges, and functions applicable
to a river authority under TWC, Chapter 30; or
(2) a public utility agency created under Local Government
Code, Chapter 572, any of the public entities participating in which
are districts, if at least one of those districts is a district described
by paragraph (1)(E) of this subsection.
(e) A district located within Bastrop, Bexar, Brazoria,
Fort Bend, Galveston, Harris, Montgomery (except for a district all
or part of which is located in Montgomery County and includes land
within a planned community of at least 15,000 acres, of which a majority
of the developed acreage is subject to restrictive covenants containing
ad valorem assessments), Travis, Waller, or Williamson Counties may
submit bond applications, which include recreational facilities that
are supported by taxes, in accordance with TWC, §49.4645.
(1) Bond applications submitted under this subsection
must include a copy of a district's park plan as required under TWC, §49.4645(b),
in addition to other application requirements under §293.43 of
this title (relating to Application Requirements). The park plan is
to be signed and sealed by a registered landscape architect, a licensed
professional engineer, or any other design professional allowed by
law to engage in landscape architecture.
(2) Bond applications submitted under this subsection
may include:
(A) forests, greenbelts, open spaces, and native habitat;
(B) sidewalks, trails, paths, boardwalks, and fitness
trail equipment, subject to the following restrictions:
(i) the sidewalks, trails, paths, boardwalks, and fitness
trail equipment unrelated to golf courses;
(ii) the sidewalks, trails, paths, boardwalks, and
fitness trail equipment located outside of the right-of-way required
by applicable government agencies for streets, unless a district has
completed and financed at least 90% of its projected water, wastewater,
and drainage facilities to serve residential development within the
district; and
(iii) if a district has completed and financed at least
90% of its projected water, wastewater, and drainage facilities to
serve residential development within the district prior to the annexation
of land, the location restriction in clause (ii) of this subparagraph
only applies to annexed land;
(C) pedestrian bridges and underpasses that are less
than 200 feet in length and not related to golf courses;
(D) outdoor ballfields, including, but not limited
to, soccer, football, baseball, softball, and lacrosse, outdoor skate/roller
blade facilities, associated scoreboards, and bleachers designed for
less than 500 people per field or per skate/roller blade facility;
(E) parks (outdoor playground facilities and associated
ground surface material, picnic tables, benches, barbeque grills,
fire pits, fireplaces, trash receptacles, drinking water fountains,
open-air pavilions/gazebos, open-air amphitheaters/assembly facilities
designed for less than 500 people, open-air shade structures, restrooms
and changing rooms, concession stands, water playgrounds, recreational
equipment storage facilities, and emergency call boxes);
(F) amenity lakes, and associated water features, docks,
piers, overlooks, and non-motorized boat launches subject to §293.44(a)(24)
of this title (relating to Special Considerations);
(G) amenity/recreation centers, outdoor tennis courts,
and outdoor basketball courts if the district has funded water, wastewater,
and drainage facilities to serve at least 90% of the residential development
within the district;
(H) fences no higher than eight feet that are located
within public right-of-way or district sites/easements and are along
streets if the district has funded water, wastewater, and drainage
facilities to serve at least 90% of the residential development within
the district; and
(I) landscaping (including, but not limited to, trees,
shrubs, and berms) and associated irrigation, fences, information
signs/kiosks, lighting (except street lighting), and parking related
to items listed in subparagraphs (A) through (G) of this paragraph.
(3) Bond applications submitted under this subsection
shall not include:
(A) indoor or outdoor swimming pools, pool decks, and
associated equipment or storage facilities;
(B) golf courses, clubhouses, and related structures
or facilities;
(C) air conditioned buildings, gymnasiums, spas, fitness
centers, and habitable structures, except as allowed in paragraph
(2) of this subsection;
(D) sound barrier walls;
(E) retaining walls used for roadway purposes;
(F) fences, such as for subdivisions and lots, which
are not related to district facilities, except as allowed in paragraph
(2) of this subsection;
(G) signs and monuments, such as for subdivisions and
developments, which are not related to district facilities; and
Cont'd... |
