Texas 2009 - 81st Regular

Texas House Bill HB1946 Compare Versions

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1	1	H.B. No. 1946
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Brazoria County Municipal Utility
6	6	District No. 64; providing authority to impose a tax and issue
7	7	bonds; granting a limited power of eminent domain.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle F, Title 6, Special District Local Laws
10	10	Code, is amended by adding Chapter 8313 to read as follows:
11	11	CHAPTER 8313. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 64
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 8313.001. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the district's board of directors.
15	15	(2) "Director" means a board member.
16	16	(3) "District" means the Brazoria County Municipal
17	17	Utility District No. 64.
18	18	Sec. 8313.002. NATURE OF DISTRICT. The district is a
19	19	municipal utility district created under Section 59, Article XVI,
20	20	Texas Constitution.
21	21	Sec. 8313.003. CONFIRMATION AND DIRECTORS' ELECTION
22	22	REQUIRED. The temporary directors shall hold an election to
23	23	confirm the creation of the district and to elect five permanent
24	24	directors as provided by Section 49.102, Water Code.
25	25	Sec. 8313.004. CONSENT OF MUNICIPALITY REQUIRED. The
26	26	temporary directors may not hold an election under Section 8313.003
27	27	until each municipality in whose corporate limits or
28	28	extraterritorial jurisdiction the district is located has
29	29	consented by ordinance or resolution to the creation of the
30	30	district and to the inclusion of land in the district.
31	31	Sec. 8313.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
32	32	The district is created to serve a public purpose and benefit.
33	33	(b) The district is created to accomplish the purposes of:
34	34	(1) a municipal utility district as provided by
35	35	general law and Section 59, Article XVI, Texas Constitution; and
36	36	(2) Section 52, Article III, Texas Constitution, that
37	37	relate to the construction, acquisition, improvement, operation,
38	38	or maintenance of macadamized, graveled, or paved roads, or
39	39	improvements, including storm drainage, in aid of those roads.
40	40	Sec. 8313.006. INITIAL DISTRICT TERRITORY. (a) The
41	41	district is initially composed of the territory described by
42	42	Section 2 of the Act creating this chapter.
43	43	(b) The boundaries and field notes contained in Section 2 of
44	44	the Act creating this chapter form a closure. A mistake made in the
45	45	field notes or in copying the field notes in the legislative process
46	46	does not affect the district's:
47	47	(1) organization, existence, or validity;
48	48	(2) right to issue any type of bond for the purposes
49	49	for which the district is created or to pay the principal of and
50	50	interest on a bond;
51	51	(3) right to impose a tax; or
52	52	(4) legality or operation.
53	53	[Sections 8313.007-8313.050 reserved for expansion]
54	54	SUBCHAPTER B. BOARD OF DIRECTORS
55	55	Sec. 8313.051. GOVERNING BODY; TERMS. (a) The district is
56	56	governed by a board of five elected directors.
57	57	(b) Except as provided by Section 8313.052, directors serve
58	58	staggered four-year terms.
59	59	Sec. 8313.052. TEMPORARY DIRECTORS. (a) On or after the
60	60	effective date of the Act creating this chapter, the owner or owners
61	61	of a majority of the assessed value of the real property in the
62	62	district may submit a petition to the Texas Commission on
63	63	Environmental Quality requesting that the commission appoint as
64	64	temporary directors the five persons named in the petition. The
65	65	commission shall appoint as temporary directors the five persons
66	66	named in the petition.
67	67	(b) Temporary directors serve until the earlier of:
68	68	(1) the date permanent directors are elected under
69	69	Section 8313.003; or
70	70	(2) the fourth anniversary of the effective date of
71	71	the Act creating this chapter.
72	72	(c) If permanent directors have not been elected under
73	73	Section 8313.003 and the terms of the temporary directors have
74	74	expired, successor temporary directors shall be appointed or
75	75	reappointed as provided by Subsection (d) to serve terms that
76	76	expire on the earlier of:
77	77	(1) the date permanent directors are elected under
78	78	Section 8313.003; or
79	79	(2) the fourth anniversary of the date of the
80	80	appointment or reappointment.
81	81	(d) If Subsection (c) applies, the owner or owners of a
82	82	majority of the assessed value of the real property in the district
83	83	may submit a petition to the commission requesting that the
84	84	commission appoint as successor temporary directors the five
85	85	persons named in the petition. The commission shall appoint as
86	86	successor temporary directors the five persons named in the
87	87	petition.
88	88	[Sections 8313.053-8313.100 reserved for expansion]
89	89	SUBCHAPTER C. POWERS AND DUTIES
90	90	Sec. 8313.101. GENERAL POWERS AND DUTIES. The district has
91	91	the powers and duties necessary to accomplish the purposes for
92	92	which the district is created.
93	93	Sec. 8313.102. MUNICIPAL UTILITY DISTRICT POWERS AND
94	94	DUTIES. The district has the powers and duties provided by the
95	95	general law of this state, including Chapters 49 and 54, Water Code,
96	96	applicable to municipal utility districts created under Section 59,
97	97	Article XVI, Texas Constitution.
98	98	Sec. 8313.103. AUTHORITY FOR ROAD PROJECTS. Under Section
99	99	52, Article III, Texas Constitution, the district may design,
100	100	acquire, construct, finance, issue bonds for, improve, operate,
101	101	maintain, and convey to this state, a county, or a municipality for
102	102	operation and maintenance macadamized, graveled, or paved roads, or
103	103	improvements, including storm drainage, in aid of those roads.
104	104	Sec. 8313.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
105	105	project must meet all applicable construction standards, zoning and
106	106	subdivision requirements, and regulations of each municipality in
107	107	whose corporate limits or extraterritorial jurisdiction the road
108	108	project is located.
109	109	(b) If a road project is not located in the corporate limits
110	110	or extraterritorial jurisdiction of a municipality, the road
111	111	project must meet all applicable construction standards,
112	112	subdivision requirements, and regulations of each county in which
113	113	the road project is located.
114	114	(c) If the state will maintain and operate the road, the
115	115	Texas Transportation Commission must approve the plans and
116	116	specifications of the road project.
117	117	Sec. 8313.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
118	118	OR RESOLUTION. The district shall comply with all applicable
119	119	requirements of any ordinance or resolution that is adopted under
120	120	Section 54.016 or 54.0165, Water Code, and that consents to the
121	121	creation of the district or to the inclusion of land in the
122	122	district.
123	123	Sec. 8313.106. EFFECT OF ANNEXATION BY VILLAGE OF BONNEY.
124	124	(a) The Village of Bonney may annex part of the territory of the
125	125	district into its corporate limits without annexing all of the
126	126	territory of the district under an agreement entered into between
127	127	the Village of Bonney and the landowners of the land being annexed.
128	128	The district continues in existence following annexation of part of
129	129	the territory of the district as described by this subsection.
130	130	(b) The district shall be dissolved and its debts and
131	131	obligations assumed by the Village of Bonney in accordance with
132	132	Chapter 43, Local Government Code, including Sections 43.075 and
133	133	43.0715, on annexation of all of the territory of the district by
134	134	the Village of Bonney, provided that:
135	135	(1) water, sanitary sewer, and drainage improvements,
136	136	and roads have been constructed to serve at least 95 percent of the
137	137	territory of the district; and
138	138	(2) the board adopts a resolution consenting to the
139	139	dissolution of the district.
140	140	(c) Notwithstanding Section 54.016(f)(2), Water Code, a
141	141	contract ("Allocation Agreement") between the Village of Bonney and
142	142	the district that provides for the allocation of the taxes or
143	143	revenues of the district and the city following the date of
144	144	inclusion of all the district's territory in the corporate limits
145	145	of the city, may provide that the total annual ad valorem taxes
146	146	collected by the city and the district from taxable property in the
147	147	district may exceed the city's ad valorem tax on the property.
148	148	Sec. 8313.107. LIMITATION ON USE OF EMINENT DOMAIN. The
149	149	district may not exercise the power of eminent domain outside the
150	150	district to acquire a site or easement for:
151	151	(1) a road project authorized by Section 8313.103; or
152	152	(2) a recreational facility as defined by Section
153	153	49.462, Water Code.
154	154	Sec. 8313.108. DIVISION OF DISTRICT. (a) The district may
155	155	be divided into two or more new districts only if the district:
156	156	(1) has no outstanding bonded debt; and
157	157	(2) is not imposing ad valorem taxes.
158	158	(b) This chapter applies to any new district created by the
159	159	division of the district, and a new district has all the powers and
160	160	duties of the district.
161	161	(c) Any new district created by the division of the district
162	162	may not, at the time the new district is created, contain any land
163	163	outside the area described by Section 2 of the Act creating this
164	164	chapter.
165	165	(d) The board, on its own motion or on receipt of a petition
166	166	signed by the owner or owners of a majority of the assessed value of
167	167	the real property in the district, may adopt an order dividing the
168	168	district.
169	169	(e) The board may adopt an order dividing the district
170	170	before or after the date the board holds an election under Section
171	171	8313.003 to confirm the district's creation.
172	172	(f) An order dividing the district shall:
173	173	(1) name each new district;
174	174	(2) include the metes and bounds description of the
175	175	territory of each new district;
176	176	(3) appoint temporary directors for each new district;
177	177	and
178	178	(4) provide for the division of assets and liabilities
179	179	between or among the new districts.
180	180	(g) On or before the 30th day after the date of adoption of
181	181	an order dividing the district, the district shall file the order
182	182	with the Texas Commission on Environmental Quality and record the
183	183	order in the real property records of each county in which the
184	184	district is located.
185	185	(h) Any new district created by the division of the district
186	186	shall hold a confirmation and directors' election as required by
187	187	Section 8313.003.
188	188	(i) Municipal consent to the creation of the district and to
189	189	the inclusion of land in the district granted under Section
190	190	8313.004 acts as municipal consent to the creation of any new
191	191	district created by the division of the district and to the
192	192	inclusion of land in the new district.
193	193	(j) Any new district created by the division of the district
194	194	must hold an election as required by this chapter to obtain voter
195	195	approval before the district may impose a maintenance tax or issue
196	196	bonds payable wholly or partly from ad valorem taxes.
197	197	[Sections 8313.109-8313.150 reserved for expansion]
198	198	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
199	199	Sec. 8313.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
200	200	district may issue, without an election, bonds and other
201	201	obligations secured by:
202	202	(1) revenue other than ad valorem taxes; or
203	203	(2) contract payments described by Section 8313.153.
204	204	(b) The district must hold an election in the manner
205	205	provided by Chapters 49 and 54, Water Code, to obtain voter approval
206	206	before the district may impose an ad valorem tax or issue bonds
207	207	payable from ad valorem taxes.
208	208	(c) The district may not issue bonds payable from ad valorem
209	209	taxes to finance a road project unless the issuance is approved by a
210	210	vote of a two-thirds majority of the district voters voting at an
211	211	election held for that purpose.
212	212	Sec. 8313.152. OPERATION AND MAINTENANCE TAX. (a) If
213	213	authorized at an election held under Section 8313.151, the district
214	214	may impose an operation and maintenance tax on taxable property in
215	215	the district in accordance with Section 49.107, Water Code.
216	216	(b) The board shall determine the tax rate. The rate may not
217	217	exceed the rate approved at the election.
218	218	Sec. 8313.153. CONTRACT TAXES. (a) In accordance with
219	219	Section 49.108, Water Code, the district may impose a tax other than
220	220	an operation and maintenance tax and use the revenue derived from
221	221	the tax to make payments under a contract after the provisions of
222	222	the contract have been approved by a majority of the district voters
223	223	voting at an election held for that purpose.
224	224	(b) A contract approved by the district voters may contain a
225	225	provision stating that the contract may be modified or amended by
226	226	the board without further voter approval.
227	227	[Sections 8313.154-8313.200 reserved for expansion]
228	228	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
229	229	Sec. 8313.201. AUTHORITY TO ISSUE BONDS AND OTHER
230	230	OBLIGATIONS. The district may issue bonds or other obligations
231	231	payable wholly or partly from ad valorem taxes, impact fees,
232	232	revenue, contract payments, grants, or other district money, or any
233	233	combination of those sources, to pay for any authorized district
234	234	purpose.
235	235	Sec. 8313.202. TAXES FOR BONDS. At the time the district
236	236	issues bonds payable wholly or partly from ad valorem taxes, the
237	237	board shall provide for the annual imposition of a continuing
238	238	direct ad valorem tax, without limit as to rate or amount, while all
239	239	or part of the bonds are outstanding as required and in the manner
240	240	provided by Sections 54.601 and 54.602, Water Code.
241	241	Sec. 8313.203. BONDS FOR ROAD PROJECTS. At the time of
242	242	issuance, the total principal amount of bonds or other obligations
243	243	issued or incurred to finance road projects and payable from ad
244	244	valorem taxes may not exceed one-fourth of the assessed value of the
245	245	real property in the district.
246	246	SECTION 2. The Brazoria County Municipal Utility District
247	247	No. 64 initially includes all the territory contained in the
248	248	following area:
249	249	BEGINNING at a concrete monument found in the East
250	250	right-of-way line of County Road 48 (60.0 feet wide), said point
251	251	being the Southwest corner of the aforementioned 137.818 acre tract
252	252	and the Northwest corner of the aforementioned 9.404 acre tract;
253	253	THENCE North 18 deg. 51 min. 59 sec. West, along the East
254	254	right-of-way line of County Road 48, a distance of 2790.11 feet to a
255	255	1 inch iron pipe found for the Northwest corner of the herein
256	256	described tract at the Northwest corner of said 137.818 acre tract
257	257	and the Southwest corner of Paloma Acres, Section I, according to
258	258	the Plat recorded in Volume 21, Pages 165-166, Plat Records;
259	259	THENCE North 86 deg. 59 min. 40 sec. East, along the
260	260	North line of said 137.818 acre tract and the South line of Paloma
261	261	Acres, Section I, at 20.0 feet pass a 1/2 inch iron rod found at the
262	262	Southwest corner of Lot 1, Section 1, and continue along the South
263	263	line of Section 1, and Paloma Acres, Section III, according to the
264	264	Plat recorded in Clerk's File 2006-050280, for a total distance of
265	265	3368.31 feet to a 1 inch iron pipe found for the Northeast corner of
266	266	the herein described tract at the Northeast corner of said 137.818
267	267	acre tract in the West right-of-way line of State Highway No. 288
268	268	which point is the Northwest corner of a tract described as Parcel
269	269	164 in a deed to the State of Texas for the right-of-way of State
270	270	Highway No. 288 recorded in Volume 1082, Page 925, Deed Records;
271	271	THENCE with the line of Parcel 164, being the Westerly
272	272	right-of-way line of State Highway No. 288, following a curve to the
273	273	right having a Radius of 11249.16 feet, Central Angle of 06 deg. 39
274	274	min. 14 sec., Chord Bearing and Distance of South 24 deg. 58 min. 51
275	275	sec. West - 1305.64 feet, for an arc distance of 1306.37 feet to a
276	276	1/2 inch iron rod set at the P. T. of said curve;
277	277	THENCE South 27 deg. 36 min. 58 sec. West with the line of
278	278	Parcel 164 and the line of a tract described as Parcel 165 in Volume
279	279	1133, Page 85, Deed Records, being the Westerly right-of-way line
280	280	of State Highway No. 288, a distance of 2053.50 feet to a concrete
281	281	monument found at the P.C. of a curve to the right;
282	282	THENCE with the line of Parcel 165, being the Westerly
283	283	right-of-way line of State Highway No. 288, following said curve to
284	284	the right having a Radius of 1095.92 feet, Central Angle of 28 deg.
285	285	40 min. 03 sec., Chord Bearing and Distance of South 56 deg. 26 min.
286	286	43 sec. West - 542.63 feet, for an arc distance of 548.33 feet to a
287	287	concrete monument found at the P.T. of said curve;
288	288	THENCE South 70 deg. 54 min. 55 sec. West with a line of
289	289	Parcel 165 being the Westerly right-of-way line of State Highway
290	290	No. 288, a distance of 241.69 feet to a 1/2 inch iron rod set at a
291	291	cut-back line in said right-of-way;
292	292	THENCE North 64 deg. 05 min. 05 sec. West with the line of
293	293	Parcel 165 and said cut-back, a distance of 71.21 feet to a concrete
294	294	monument found;
295	295	THENCE North 18 deg. 52 min. 09 sec. West with a line of
296	296	Parcel 165, a distance of 300.46 feet to a concrete monument found
297	297	for corner;
298	298	THENCE South 73 deg. 18 min. 08 sec. West with a line of
299	299	Parcel 165, a distance of 18.40 feet to a concrete monument found in
300	300	the East right-of-way line of County Road 48, said point being the
301	301	Westerly Northwest corner of Parcel 165;
302	302	THENCE North 21 deg. 09 min. 48 sec. West, along the East
303	303	right-of-way line of County Road 48 and the West line of the
304	304	aforementioned 9.404 acre tract, a distance of 273.48 feet to the
305	305	PLACE OF BEGINNING and containing 148.36 acres of land.
306	306	BEGINNING at a 1/2 inch iron rod set for the Southwest corner
307	307	of the herein described tract; the Southwest corner of the Stephen
308	308	F. Austin League, Abstract 24, the Southeast corner of the Melvin D.
309	309	Coleman tract described in Volume 1697, Page 696, Deed Records, the
310	310	Southeast corner of the Stephen F. Austin League, Abstract 25, said
311	311	point being in the North line of a 209.54 acre tract described in a
312	312	deed to Doyle McConathy, Jr. recorded in Clerk's File 97-022435,
313	313	and the North line of the Joshua Abbott League, Abstract 144;
314	314	THENCE North 03 deg. 37 min. 32 sec. West, along the common
315	315	line of Abstract 24 and Abstract 25, being the West line of said
316	316	209.194 acre tract and the East line of the Coleman tract, a
317	317	distance of 2576.00 feet to a concrete monument found for the
318	318	Northwest corner of the herein described tract in the South
319	319	right-of-way line of County Road 618 (60.0 feet wide);
320	320	THENCE North 87 deg. 18 min. 23 sec. East, along the South
321	321	right-of-way line of County Road 618, a distance of 3827.69 feet to
322	322	a 1/2 inch iron rod set for the Northeast corner of the herein
323	323	described tract in the West right-of-way line of County Road 48;
324	324	THENCE South 21 deg. 02 min. 56 sec. East, along the West
325	325	right-of-way line of County Road 48, a distance of 172.26 feet to a
326	326	concrete monument found for corner at the extreme North corner of a
327	327	tract described as Parcel 166 in a deed to the State of Texas for the
328	328	right-of-way of State Highway No. 288 recorded in Volume 1133, Page
329	329	85, Deed Records;
330	330	THENCE South 70 deg. 39 min. 19 sec. West with the line of
331	331	Parcel 166, a distance of 27.31 feet to a concrete monument found
332	332	for corner;
333	333	THENCE South 18 deg. 28 min. 39 sec. East with the line of
334	334	Parcel 166, a distance of 149.88 feet to a concrete monument found
335	335	at a cut-back corner in said right-of-way;
336	336	THENCE South 25 deg. 13 min. 03 sec. West with the line of
337	337	Parcel 166 and said cut-back, a distance of 70.30 feet to a concrete
338	338	monument found;
339	339	THENCE South 72 deg. 03 min. 26 sec. West with the line of
340	340	Parcel 166 being the Westerly right-of-way line of State Highway
341	341	No. 288, a distance of 51.65 feet to a 1/2 inch iron rod set at the
342	342	P.C. of a curve to the left;
343	343	THENCE with the line of Parcel 166, being the Westerly
344	344	right-of-way line of State Highway No. 288, following said curve to
345	345	the left having a Radius of 458.37 feet, Central Angle of 90 deg. 00
346	346	min. 02 sec., Chord Bearing and Distance of South 26 deg. 02 min. 38
347	347	sec. West - 648.24 feet, for an arc distance of 720.01 feet to a
348	348	concrete monument found at the P. T. of said curve;
349	349	THENCE South 18 deg. 57 min. 23 sec. East with the line of
350	350	Parcel 166 being the Westerly right-of-way line of State Highway
351	351	No. 288, a distance of 311.37 feet to a concrete monument found at
352	352	the P.C. of a curve to the right;
353	353	THENCE with the line of Parcel 166, being the Westerly
354	354	right-of-way line of State Highway No. 288, following said curve to
355	355	the right having a Radius of 1273.24 feet, Central Angle of 36 deg.
356	356	46 min. 50 sec., Chord Bearing and Distance of South 00 deg. 40 min.
357	357	40 sec. East - 803.38 feet, for an arc distance of 817.34 feet to a
358	358	concrete monument found at the P. T. of said curve;
359	359	THENCE South 17 deg. 50 min. 15 sec. West with the line of
360	360	Parcel 166, being the westerly right-of-way line of State Highway
361	361	No. 288, a distance of 520.91 feet to a 3/4 inch iron pipe found for
362	362	the Southeast corner of the herein described tract at the Southeast
363	363	corner of said 209.194 acre tract, the Southwest corner of Parcel
364	364	166, and the Northeast corner of the aforementioned McConathy
365	365	tract, said point being in the common line of Abstract 24 and
366	366	Abstract 144;
367	367	THENCE South 86 deg. 51 min. 11 sec. West, along the common
368	368	line of said Surveys being the South line of said 209.194 acre tract
369	369	and the North line of the McConathy tract, a distance of 3336.59
370	370	feet to the PLACE OF BEGINNING and containing 210.77 acres of land.
371	371	SECTION 3. (a) The legal notice of the intention to
372	372	introduce this Act, setting forth the general substance of this
373	373	Act, has been published as provided by law, and the notice and a
374	374	copy of this Act have been furnished to all persons, agencies,
375	375	officials, or entities to which they are required to be furnished
376	376	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
377	377	Government Code.
378	378	(b) The governor, one of the required recipients, has
379	379	submitted the notice and Act to the Texas Commission on
380	380	Environmental Quality.
381	381	(c) The Texas Commission on Environmental Quality has filed
382	382	its recommendations relating to this Act with the governor, the
383	383	lieutenant governor, and the speaker of the house of
384	384	representatives within the required time.
385	385	(d) All requirements of the constitution and laws of this
386	386	state and the rules and procedures of the legislature with respect
387	387	to the notice, introduction, and passage of this Act are fulfilled
388	388	and accomplished.
389	389	SECTION 4. This Act takes effect immediately if it receives
390	390	a vote of two-thirds of all the members elected to each house, as
391	391	provided by Section 39, Article III, Texas Constitution. If this
392	392	Act does not receive the vote necessary for immediate effect, this
393	393	Act takes effect September 1, 2009.
394	394	______________________________ ______________________________
395	395	President of the Senate Speaker of the House
396	396	I certify that H.B. No. 1946 was passed by the House on May
397	397	15, 2009, by the following vote: Yeas 143, Nays 1, 1 present, not
398	398	voting.
399	399	______________________________
400	400	Chief Clerk of the House
401	401	I certify that H.B. No. 1946 was passed by the Senate on May
402	402	26, 2009, by the following vote: Yeas 31, Nays 0.
403	403	______________________________
404	404	Secretary of the Senate
405	405	APPROVED: _____________________
406	406	Date
407	407	_____________________
408	408	Governor