81R10255 PMO-D
By: Gattis H.B. No. 4815
A BILL TO BE ENTITLED
AN ACT
relating to certain procedures regarding dissolution of the Ranch
at Cypress Creek Municipal Utility District No. 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 21, Acts of the 71st Legislature, 6th
Called Session, 1990, is amended by amending Section 2 and adding
Section 6A to read as follows:
Sec. 2. DEFINITIONS [DEFINITION]. In this Act:
(1) "Association" means the Ranch at Cypress Creek
Homeowners' Association, created and operating under the
Declaration of Protective Covenants for the Ranch at Cypress Creek,
Section 8, filed November 27, 1997, Document Number 9758822, Real
Property Records, Williamson County.
(2) "Board" means the board of directors of the Ranch
at Cypress Creek Municipal Utility District No. 1.
(3) "Declaration" means the Declaration of Protective
Covenants for the Ranch at Cypress Creek, Section 8, filed November
27, 1997, Document Number 9758822, Real Property Records,
Williamson County.
(4) "Director" means a board member.
(5) "District" means the Ranch at Cypress Creek
Municipal Utility [, "district" means the Williamson-Travis
Counties Water Control and Improvement] District No. 1.
(6) "Supplemental property" means that certain
property as described in the Ranch at Cypress Creek, Section 1 found
in plat records in Cabinet L, Slides 61-63, Document Number
9423489, official records of Williamson County, Texas, and in plat
recorded in Book 93, Page 83, Document Number 2000205107, records
of Travis County, Texas; Section 2 found in plat records in Cabinet
L, Slides 65-67, Document Number 9424008, official records of
Williamson County, Texas; Section 3 found in plat records in
Cabinet L, Slides 104-106, Document Number 9433406, official
records of Williamson County, Texas; Section 4 found in plat
records in Cabinet L, Slides 107-110, Document Number 9433407,
official records of Williamson County, Texas; Section 5 found in
plat records in Cabinet N, Slides 8-9, Document Number 9623954,
official records of Williamson County, Texas; Section 6 found in
plat records in Cabinet N, Slides 10-12, Document Number 9624029,
official records of Williamson County, Texas; Section 7 found in
plat records in Cabinet O, Slides 105-107, Document Number 9706681,
official records of Williamson County, Texas; Section 9 found in
plat records in Cabinet Q, Slides 241-243, Document Number 9874690,
official records of Williamson County, Texas, and in plat recorded
in Book 102, Page 251, records of Travis County, Texas; Section 12
found in plat records in Cabinet O, Slides 372-374, Document Number
9738603, official records of Williamson County, Texas.
Sec. 6A. INCLUSION OF CERTAIN PROPERTY IN ASSOCIATION ON
DISSOLUTION OF THE DISTRICT. (a) If the district is dissolved,
notwithstanding an existing restrictive covenant or real property
restriction to the contrary, any supplemental property not included
in the association immediately before the dissolution is included
in the association on dissolution if the addition of the
supplemental property to the association is approved at the
election or elections held under this section.
(b) Before the district is dissolved, the association shall
hold an election or set of elections under the election procedures
of the association at which all members of the association and all
property owners of the supplemental property as of the date the
district is dissolved may vote on the question of whether the
supplemental property is to be included in the association.
(c) The supplemental property is included in the
association if the property's inclusion is approved by a vote of
two-thirds majority of:
(1) all members of the association on the date the
election is held; and
(2) all property owners of the supplemental property
on the date the election is held.
(d) The board shall identify and transfer district funds
from the district's operating account to the association before the
district is dissolved in an amount adequate, as determined by the
board in consultation with the association, to pay the costs and
expenses of the election or elections required by Subsection (b).
(e) The association may not hold the election or set of
elections under this section more than once.
(f) If the supplemental property is included in the
association under this section:
(1) the declaration applies to and replaces the
restrictive covenants and real property restrictions governing the
supplemental property immediately before the dissolution of the
district, including the obligation of property owners to pay dues,
charges, and assessments to the association;
(2) the association shall include two additional
members of the association board to represent the owners of the
supplemental property; and
(3) the first directors included under Subdivision (2)
of this subsection shall be appointed by the association board, as
it existed immediately before the appointments, not later than the
30th day after the date of the election or elections under this
section, and subsequent directors shall be elected according to the
covenants and bylaws of the association.
SECTION 2. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.