Texas 2009 - 81st Regular

Texas House Bill HB4764 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	81R26579 PMO-D
2	2	By: Chisum H.B. No. 4764
3	3	Substitute the following for H.B. No. 4764:
4	4	By: Frost C.S.H.B. No. 4764
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Gray County Municipal Utility
10	10	District No. 1; providing authority to impose a tax and issue bonds;
11	11	granting a limited power of eminent domain.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle F, Title 6, Special District Local Laws
14	14	Code, is amended by adding Chapter 8319 to read as follows:
15	15	CHAPTER 8319. GRAY COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 8319.001. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "Director" means a board member.
20	20	(3) "District" means the Gray County Municipal Utility
21	21	District No. 1.
22	22	Sec. 8319.002. NATURE OF DISTRICT. The district is a
23	23	municipal utility district created under Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 8319.003. CONFIRMATION AND DIRECTORS' ELECTION
26	26	REQUIRED. The temporary directors shall hold an election to
27	27	confirm the creation of the district and to elect five permanent
28	28	directors as provided by Section 49.102, Water Code.
29	29	Sec. 8319.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section 8319.003
31	31	until each municipality in whose corporate limits or
32	32	extraterritorial jurisdiction the district is located has
33	33	consented by ordinance or resolution to the creation of the
34	34	district and to the inclusion of land in the district.
35	35	Sec. 8319.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
36	36	The district is created to serve a public purpose and benefit.
37	37	(b) The district is created to accomplish the purposes of:
38	38	(1) a municipal utility district as provided by
39	39	general law and Section 59, Article XVI, Texas Constitution; and
40	40	(2) Section 52, Article III, Texas Constitution, that
41	41	relate to the construction, acquisition, improvement, operation,
42	42	or maintenance of macadamized, graveled, or paved roads, or
43	43	improvements, including storm drainage, in aid of those roads.
44	44	Sec. 8319.006. INITIAL DISTRICT TERRITORY. (a) The
45	45	district is initially composed of the territory described by
46	46	Section 2 of the Act creating this chapter.
47	47	(b) The boundaries and field notes contained in Section 2 of
48	48	the Act creating this chapter form a closure. A mistake made in the
49	49	field notes or in copying the field notes in the legislative process
50	50	does not affect the district's:
51	51	(1) organization, existence, or validity;
52	52	(2) right to issue any type of bond for the purposes
53	53	for which the district is created or to pay the principal of and
54	54	interest on a bond;
55	55	(3) right to impose a tax; or
56	56	(4) legality or operation.
57	57	[Sections 8319.007-8319.050 reserved for expansion]
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 8319.051. GOVERNING BODY; TERMS. (a) The district is
60	60	governed by a board of five elected directors.
61	61	(b) Except as provided by Section 8319.052, directors serve
62	62	staggered four-year terms.
63	63	Sec. 8319.052. TEMPORARY DIRECTORS. (a) On or after the
64	64	effective date of the Act creating this chapter, the owner or owners
65	65	of a majority of the assessed value of the real property in the
66	66	district may submit a petition to the Texas Commission on
67	67	Environmental Quality requesting that the commission appoint as
68	68	temporary directors the five persons named in the petition. The
69	69	commission shall appoint as temporary directors the five persons
70	70	named in the petition.
71	71	(b) Temporary directors serve until the earlier of:
72	72	(1) the date permanent directors are elected under
73	73	Section 8319.003; or
74	74	(2) the fourth anniversary of the effective date of
75	75	the Act creating this chapter.
76	76	(c) If permanent directors have not been elected under
77	77	Section 8319.003 and the terms of the temporary directors have
78	78	expired, successor temporary directors shall be appointed or
79	79	reappointed as provided by Subsection (d) to serve terms that
80	80	expire on the earlier of:
81	81	(1) the date permanent directors are elected under
82	82	Section 8319.003; or
83	83	(2) the fourth anniversary of the date of the
84	84	appointment or reappointment.
85	85	(d) If Subsection (c) applies, the owner or owners of a
86	86	majority of the assessed value of the real property in the district
87	87	may submit a petition to the Texas Commission on Environmental
88	88	Quality requesting that the commission appoint as successor
89	89	temporary directors the five persons named in the petition. The
90	90	commission shall appoint as successor temporary directors the five
91	91	persons named in the petition.
92	92	[Sections 8319.053-8319.100 reserved for expansion]
93	93	SUBCHAPTER C. POWERS AND DUTIES
94	94	Sec. 8319.101. GENERAL POWERS AND DUTIES. The district has
95	95	the powers and duties necessary to accomplish the purposes for
96	96	which the district is created.
97	97	Sec. 8319.102. MUNICIPAL UTILITY DISTRICT POWERS AND
98	98	DUTIES. The district has the powers and duties provided by the
99	99	general law of this state, including Chapters 49 and 54, Water Code,
100	100	applicable to municipal utility districts created under Section 59,
101	101	Article XVI, Texas Constitution.
102	102	Sec. 8319.103. AUTHORITY FOR ROAD PROJECTS. Under Section
103	103	52, Article III, Texas Constitution, the district may design,
104	104	acquire, construct, finance, issue bonds for, improve, operate,
105	105	maintain, and convey to this state, a county, or a municipality for
106	106	operation and maintenance macadamized, graveled, or paved roads, or
107	107	improvements, including storm drainage, in aid of those roads.
108	108	Sec. 8319.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
109	109	project must meet all applicable construction standards, zoning and
110	110	subdivision requirements, and regulations of each municipality in
111	111	whose corporate limits or extraterritorial jurisdiction the road
112	112	project is located.
113	113	(b) If a road project is not located in the corporate limits
114	114	or extraterritorial jurisdiction of a municipality, the road
115	115	project must meet all applicable construction standards,
116	116	subdivision requirements, and regulations of each county in which
117	117	the road project is located.
118	118	(c) If the state will maintain and operate the road, the
119	119	Texas Transportation Commission must approve the plans and
120	120	specifications of the road project.
121	121	Sec. 8319.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
122	122	OR RESOLUTION. The district shall comply with all applicable
123	123	requirements of any ordinance or resolution that is adopted under
124	124	Section 54.016 or 54.0165, Water Code, and that consents to the
125	125	creation of the district or to the inclusion of land in the
126	126	district.
127	127	Sec. 8319.106. DIVISION OF DISTRICT. (a) The district may
128	128	be divided into two or more new districts only if the district:
129	129	(1) has no outstanding bonded debt; and
130	130	(2) is not imposing ad valorem taxes.
131	131	(b) This chapter applies to any new district created by the
132	132	division of the district, and a new district has all the powers and
133	133	duties of the district.
134	134	(c) Any new district created by the division of the district
135	135	may not, at the time the new district is created, contain any land
136	136	outside the area described by Section 2 of the Act creating this
137	137	chapter.
138	138	(d) The board, on its own motion or on receipt of a petition
139	139	signed by the owner or owners of a majority of the assessed value of
140	140	the real property in the district, may adopt an order dividing the
141	141	district.
142	142	(e) The board may adopt an order dividing the district
143	143	before or after the date the board holds an election under Section
144	144	8319.003 to confirm the district's creation.
145	145	(f) An order dividing the district shall:
146	146	(1) name each new district;
147	147	(2) include the metes and bounds description of the
148	148	territory of each new district;
149	149	(3) appoint temporary directors for each new district
150	150	or provide that the owner or owners of a majority of the assessed
151	151	value of the real property in each new district may submit a
152	152	petition to the Texas Commission on Environmental Quality
153	153	requesting that the commission appoint as temporary directors the
154	154	five persons named in the petition; and
155	155	(4) provide for the division of assets and liabilities
156	156	between or among the new districts.
157	157	(g) On or before the 30th day after the date of adoption of
158	158	an order dividing the district, the district shall file the order
159	159	with the Texas Commission on Environmental Quality and record the
160	160	order in the real property records of each county in which the
161	161	district is located.
162	162	(h) Any new district created by the division of the district
163	163	shall hold a confirmation and directors' election as required by
164	164	Section 8319.003. A new district that is not confirmed is subject
165	165	to dissolution under general law.
166	166	(i) Municipal consent to the creation of the district and to
167	167	the inclusion of land in the district granted under Section
168	168	8319.004 acts as municipal consent to the creation of any new
169	169	district created by the division of the district and to the
170	170	inclusion of land in the new district.
171	171	(j) Any new district created by the division of the district
172	172	must hold an election as required by this chapter to obtain voter
173	173	approval before the district may impose a maintenance tax or issue
174	174	bonds payable wholly or partly from ad valorem taxes.
175	175	Sec. 8319.107. LIMITATION ON USE OF EMINENT DOMAIN. (a) The
176	176	district may not exercise the power of eminent domain outside the
177	177	district to acquire a site or easement for:
178	178	(1) a road project authorized by Section 8319.103; or
179	179	(2) a recreational facility as defined by Section
180	180	49.462, Water Code.
181	181	(b) The district may not exercise the power of eminent
182	182	domain to acquire land, an easement, or other property that is
183	183	located more than five miles outside the district's boundaries.
184	184	[Sections 8319.108-8319.150 reserved for expansion]
185	185	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
186	186	Sec. 8319.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
187	187	district may issue, without an election, bonds and other
188	188	obligations secured by:
189	189	(1) revenue other than ad valorem taxes; or
190	190	(2) contract payments described by Section 8319.153.
191	191	(b) The district must hold an election in the manner
192	192	provided by Chapters 49 and 54, Water Code, to obtain voter approval
193	193	before the district may impose an ad valorem tax or issue bonds
194	194	payable from ad valorem taxes.
195	195	(c) The district may not issue bonds payable from ad valorem
196	196	taxes to finance a road project unless the issuance is approved by a
197	197	vote of a two-thirds majority of the district voters voting at an
198	198	election held for that purpose.
199	199	Sec. 8319.152. OPERATION AND MAINTENANCE TAX. (a) If
200	200	authorized at an election held under Section 8319.151, the district
201	201	may impose an operation and maintenance tax on taxable property in
202	202	the district in accordance with Section 49.107, Water Code.
203	203	(b) The board shall determine the tax rate. The rate may not
204	204	exceed the rate approved at the election.
205	205	Sec. 8319.153. CONTRACT TAXES. (a) In accordance with
206	206	Section 49.108, Water Code, the district may impose a tax other than
207	207	an operation and maintenance tax and use the revenue derived from
208	208	the tax to make payments under a contract after the provisions of
209	209	the contract have been approved by a majority of the district voters
210	210	voting at an election held for that purpose.
211	211	(b) A contract approved by the district voters may contain a
212	212	provision stating that the contract may be modified or amended by
213	213	the board without further voter approval.
214	214	[Sections 8319.154-8319.200 reserved for expansion]
215	215	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
216	216	Sec. 8319.201. AUTHORITY TO ISSUE BONDS AND OTHER
217	217	OBLIGATIONS. The district may issue bonds or other obligations
218	218	payable wholly or partly from ad valorem taxes, impact fees,
219	219	revenue, contract payments, grants, or other district money, or any
220	220	combination of those sources, to pay for any authorized district
221	221	purpose.
222	222	Sec. 8319.202. TAXES FOR BONDS. At the time the district
223	223	issues bonds payable wholly or partly from ad valorem taxes, the
224	224	board shall provide for the annual imposition of a continuing
225	225	direct ad valorem tax, without limit as to rate or amount, while all
226	226	or part of the bonds are outstanding as required and in the manner
227	227	provided by Sections 54.601 and 54.602, Water Code.
228	228	Sec. 8319.203. BONDS FOR ROAD PROJECTS. At the time of
229	229	issuance, the total principal amount of bonds or other obligations
230	230	issued or incurred to finance road projects and payable from ad
231	231	valorem taxes may not exceed one-fourth of the assessed value of the
232	232	real property in the district.
233	233	SECTION 2. The Gray County Municipal Utility District No. 1
234	234	initially includes all the territory contained in the following
235	235	area:
236	236	Tract NO. 1
237	237	All that certain tract or parcel of land in Sections 117, 118 & 99,
238	238	Block 3, I.& G.N. Survey, Gray County, Texas, being more
239	239	particularly described as follows;
240	240	BEGINNING at a 1" Iron Pipe found for the Southwest corner of said
241	241	Section 99 and Northeast corner of said Section 117;
242	242	THENCE S 0002'26"E, along the East line of said Section 117 a
243	243	distance of 2644.35 feet to a corner of this tract or parcel and
244	244	being a corner of said Wal-Mart Addition;
245	245	THENCE S 8919'48"W, along the South line of the Northeast quarter
246	246	of said Section 117 a distance of 2641.67 feet to the Southwest
247	247	corner of this tract or parcel;
248	248	THENCE N 0003'03"W, along the West line of said Northeast quarter a
249	249	distance of 2635.44 feet to the Northwest corner of said Northeast
250	250	quarter and being a corner of this tract or parcel;
251	251	THENCE N 0003'40"W, along the west line of the Southeast quarter of
252	252	said Section 118 a distance of 2663.23 feet to the Northwest corner
253	253	of said Southeast quarter and being a corner of this tract or
254	254	parcel;
255	255	THENCE S 8917'07"W, along the South line of the Northwest quarter
256	256	of said Section 118 a distance of 2642.14 feet to the Southwest
257	257	corner of said Northwest quarter and being a corner of this tract or
258	258	parcel;
259	259	THENCE N 0003'39"W, along the West line of said Section 118 and
260	260	being the center line of a State of Texas Right of way Easement
261	261	recorded in Volume 222, Page 456, Deed Records, Gray County, Texas,
262	262	a distance of 2670.07 feet to the Northwest corner of this tract or
263	263	parcel and being the Northwest corner of said Section 118;
264	264	THENCE N 8926'01"E, along the North line of said Section 118 a
265	265	distance of 5284.13 feet to a 1 1/2" Iron Pipe found for a corner of
266	266	this tract or parcel and being the Northeast corner of said Section
267	267	118;
268	268	THENCE N 8926'01"E, along the North line of said Section 99, at
269	269	2689.59 feet pass a Iron Rod with Cap found for the Southwest corner
270	270	of Walnut Creek Addition, at 4653.89 feet pass a Iron Rod found for
271	271	the Southeast corner of said Walnut Creek Addition and continuing a
272	272	total distance of 5200.16 feet to the Northeast corner of this tract
273	273	or parcel on the West Right of Way of State Highway 70;
274	274	THENCE S 0009'09"E, along the West Right of Way of State Highway 70
275	275	recorded in Volume 126, Page 298, Deed Records, Gray County, Texas,
276	276	a distance of 1632.06 feet to a corner of this tract or parcel;
277	277	THENCE, along said West Right of Way, being a tangent curve to the
278	278	right having a Delta angle of 3000'00", a Radius of 2804.79 feet,
279	279	and an Arc Length of 1468.58 feet to a corner of this tract or
280	280	parcel;
281	281	THENCE S 2953'14"W, along said West Right of Way, a distance of
282	282	2624.82 feet to a corner of this tract or parcel;
283	283	THENCE S 8908'13"W, along the South line of said Section 99, a
284	284	distance of 3518.98 feet to the POINT of BEGINNING and containing
285	285	1220.21 Acres, more or less.
286	286	Tract No. 2
287	287	All that certain tract or parcel of land in Section 99, Block 3, I.&
288	288	GEN.. Survey, Gray County, Texas, being more particularly described
289	289	as follows;
290	290	BEGINNING at a point on the East line of said Section 99 from whence
291	291	a 1 1/4" Iron Pipe found for the Southeast corner of said Section 99
292	292	bears S 0009'09"E a distance of 1579.46 feet;
293	293	THENCE N 6006"48"W, along the Northerly Right of way of Loop 171
294	294	recorded in Volume 337, Page 5, Deed Records, Gray County, Texas, a
295	295	distance of 492.62 feet to a highway monument found for a corner of
296	296	this tract or parcel;
297	297	THENCE N 1534'30"W, along said Right of Way, a distance of 141.09
298	298	feet to a highway monument found for a corner of this tract or
299	299	parcel;
300	300	THENCE N 2953'14"E, along the Easterly Right of Way of State
301	301	Highway 70 recorded in Volume 126, Page 298, Deed Records, Gray
302	302	County, Texas, a distance of 263.93 feet to a corner of this tract
303	303	or parcel;
304	304	THENCE, along said Right of Way, being a tangent curve to the left
305	305	having a Delta angle of 1822'28", a Radius of 2924.79 feet and an
306	306	Arc Length of 937.97 feet to the most Northerly corner of this tract
307	307	or parcel;
308	308	THENCE S 0009'09"E, along the East line of said Section 99, a
309	309	distance of 1484.10 feet to the POINT of BEGINNING and containing
310	310	7.47 Acres, more or less.
311	311	Tract No. 3
312	312	All that certain tract or parcel of land in Section 99, Block 3, I.&
313	313	G.N. Survey, Gray County, Texas, being more particularly described
314	314	as follows;
315	315	BEGINNING at a point on the South line of said Section 99 from
316	316	whence a 1 1/4" Iron Pipe found for the Southeast corner of said
317	317	Section 99 bears N 8908'13"E a distance of 930.49 feet;
318	318	THENCE S 8908'13"W, along the South line of said Section 99, a
319	319	distance of 679.78 feet to Southwest corner of this tract or parcel;
320	320	THENCE N 2953'14"E, along the East Right of Way of State Highway 70
321	321	recorded in Volume 126, Page 298, Deed Records, Gray County, Texas,
322	322	a distance of 1939.41 feet to a highway monument found for a corner
323	323	of this tract or parcel;
324	324	THENCE N 7433'57"E, along the Southerly Right of way of Loop 171
325	325	recorded in Volume 337, Page 5, Deed Records, Gray County, Texas, a
326	326	distance of 141.93 feet to a highway monument found for a corner of
327	327	this tract or parcel;
328	328	THENCE S 6008'25"E, along said Right of Way, a distance of 580.14
329	329	feet to a corner of this tract or parcel;
330	330	THENCE S 0009'09"E, along the East line of said Section 99, a
331	331	distance of 463.19 feet to a corner of this tract or parcel;
332	332	THENCE S 0250'51"W a distance of 99.97 feet to a corner of this
333	333	tract or parcel;
334	334	THENCE S 0850'51"W a distance of 100.00 feet to a corner of this
335	335	tract or parcel;
336	336	THENCE S 1450'51"W a distance of 100.00 feet to a corner of this
337	337	tract or parcel;
338	338	THENCE S 2050'51"W a distance of 100.00 feet to a corner of this
339	339	tract or parcel;
340	340	THENCE S 2650'51"W a distance of 100.00 feet to a corner of this
341	341	tract or parcel;
342	342	THENCE S 3250'51"W a distance of 100.00 feet to a corner of this
343	343	tract or parcel;
344	344	THENCE S 3850'51"W a distance of 100.00 feet to a corner of this
345	345	tract or parcel;
346	346	THENCE S 4450'51"W a distance of 100.00 feet to a corner of this
347	347	tract or parcel;
348	348	THENCE S 5050'51"W a distance of 100.00 feet to a corner of this
349	349	tract or parcel
350	350	THENCE S 5650'51"W a distance of 100.00 feet to a corner of this
351	351	tract or parcel;
352	352	THENCE S 6250'51"W a distance of 100.00 feet to a corner of this
353	353	tract or parcel;
354	354	THENCE S 6850'51"W a distance of 100.00 feet to a corner of this
355	355	tract or parcel;
356	356	THENCE S 7450'51"W a distance of 100.00 feet to a corner of this
357	357	tract or parcel;
358	358	THENCE S 8050'51"W a distance of 100.00 feet to a corner of this
359	359	tract or parcel;
360	360	THENCE S 8628'51"W a distance of 75.04 feet to the POINT of
361	361	BEGINNING and containing 37.40 Acres, more or less.
362	362	SAID TRACTS CONTAIN 1,265.08 ACRES OF LAND, MORE OR LESS.
363	363	SECTION 3. (a) The legal notice of the intention to
364	364	introduce this Act, setting forth the general substance of this
365	365	Act, has been published as provided by law, and the notice and a
366	366	copy of this Act have been furnished to all persons, agencies,
367	367	officials, or entities to which they are required to be furnished
368	368	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
369	369	Government Code.
370	370	(b) The governor, one of the required recipients, has
371	371	submitted the notice and Act to the Texas Commission on
372	372	Environmental Quality.
373	373	(c) The Texas Commission on Environmental Quality has filed
374	374	its recommendations relating to this Act with the governor, the
375	375	lieutenant governor, and the speaker of the house of
376	376	representatives within the required time.
377	377	(d) All requirements of the constitution and laws of this
378	378	state and the rules and procedures of the legislature with respect
379	379	to the notice, introduction, and passage of this Act are fulfilled
380	380	and accomplished.
381	381	SECTION 4. This Act takes effect immediately if it receives
382	382	a vote of two-thirds of all the members elected to each house, as
383	383	provided by Section 39, Article III, Texas Constitution. If this
384	384	Act does not receive the vote necessary for immediate effect, this
385	385	Act takes effect September 1, 2009.