Texas 2009 - 81st Regular

Texas House Bill HB4815 Compare Versions

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1	1	H.B. No. 4815
2	2
3	3
4	4	AN ACT
5	5	relating to certain procedures regarding dissolution of the Ranch
6	6	at Cypress Creek Municipal Utility District No. 1.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Chapter 21, Acts of the 71st Legislature, 6th
9	9	Called Session, 1990, is amended by amending Section 2 and adding
10	10	Section 6A to read as follows:
11	11	Sec. 2. DEFINITIONS [DEFINITION]. In this Act:
12	12	(1) "Association" means the Ranch at Cypress Creek
13	13	Homeowners' Association, created and operating under the
14	14	Declaration of Protective Covenants for the Ranch at Cypress Creek,
15	15	Section 8, filed November 27, 1997, Document Number 9758822, Real
16	16	Property Records, Williamson County.
17	17	(2) "Board" means the board of directors of the Ranch
18	18	at Cypress Creek Municipal Utility District No. 1.
19	19	(3) "Declaration" means the Declaration of Protective
20	20	Covenants for the Ranch at Cypress Creek, Section 8, filed November
21	21	27, 1997, Document Number 9758822, Real Property Records,
22	22	Williamson County.
23	23	(4) "Director" means a board member.
24	24	(5) "District" means the Ranch at Cypress Creek
25	25	Municipal Utility [, "district" means the Williamson-Travis
26	26	Counties Water Control and Improvement] District No. 1.
27	27	(6) "Supplemental property" means that certain
28	28	property as described in the Ranch at Cypress Creek, Section 1 found
29	29	in plat records in Cabinet L, Slides 61-63, Document Number
30	30	9423489, official records of Williamson County, Texas, and in plat
31	31	recorded in Book 93, Page 83, Document Number 2000205107, records
32	32	of Travis County, Texas; Section 2 found in plat records in Cabinet
33	33	L, Slides 65-67, Document Number 9424008, official records of
34	34	Williamson County, Texas; Section 3 found in plat records in
35	35	Cabinet L, Slides 104-106, Document Number 9433406, official
36	36	records of Williamson County, Texas; Section 4 found in plat
37	37	records in Cabinet L, Slides 107-110, Document Number 9433407,
38	38	official records of Williamson County, Texas; Section 5 found in
39	39	plat records in Cabinet N, Slides 8-9, Document Number 9623954,
40	40	official records of Williamson County, Texas; Section 6 found in
41	41	plat records in Cabinet N, Slides 10-12, Document Number 9624029,
42	42	official records of Williamson County, Texas; Section 7 found in
43	43	plat records in Cabinet O, Slides 105-107, Document Number 9706681,
44	44	official records of Williamson County, Texas; Section 9 found in
45	45	plat records in Cabinet Q, Slides 241-243, Document Number 9874690,
46	46	official records of Williamson County, Texas, and in plat recorded
47	47	in Book 102, Page 251, records of Travis County, Texas; Section 12
48	48	found in plat records in Cabinet O, Slides 372-374, Document Number
49	49	9738603, official records of Williamson County, Texas.
50	50	Sec. 6A. INCLUSION OF CERTAIN PROPERTY IN ASSOCIATION ON
51	51	DISSOLUTION OF THE DISTRICT. (a) If the district is dissolved,
52	52	notwithstanding an existing restrictive covenant or real property
53	53	restriction to the contrary, any supplemental property not included
54	54	in the association immediately before the dissolution is included
55	55	in the association on dissolution if the addition of the
56	56	supplemental property to the association is approved at the
57	57	election or elections held under this section.
58	58	(b) Before the district is dissolved, the association shall
59	59	hold an election or set of elections under the election procedures
60	60	of the association at which all members of the association and all
61	61	property owners of the supplemental property as of the date the
62	62	district is dissolved may vote on the question of whether the
63	63	supplemental property is to be included in the association.
64	64	(c) The supplemental property is included in the
65	65	association if the property's inclusion is approved by a vote of
66	66	two-thirds majority of:
67	67	(1) all members of the association on the date the
68	68	election is held; and
69	69	(2) all property owners of the supplemental property
70	70	on the date the election is held.
71	71	(d) The board shall identify and transfer district funds
72	72	from the district's operating account to the association before the
73	73	district is dissolved in an amount adequate, as determined by the
74	74	board in consultation with the association, to pay the costs and
75	75	expenses of the election or elections required by Subsection (b).
76	76	(e) The association may not hold the election or set of
77	77	elections under this section more than once.
78	78	(f) If the supplemental property is included in the
79	79	association under this section:
80	80	(1) the declaration applies to and replaces the
81	81	restrictive covenants and real property restrictions governing the
82	82	supplemental property immediately before the dissolution of the
83	83	district, including the obligation of property owners to pay dues,
84	84	charges, and assessments to the association;
85	85	(2) the association shall include two additional
86	86	members of the association board to represent the owners of the
87	87	supplemental property; and
88	88	(3) the first directors included under Subdivision (2)
89	89	of this subsection shall be appointed by the association board, as
90	90	it existed immediately before the appointments, not later than the
91	91	30th day after the date of the election or elections under this
92	92	section, and subsequent directors shall be elected according to the
93	93	covenants and bylaws of the association.
94	94	SECTION 2. (a) The legal notice of the intention to
95	95	introduce this Act, setting forth the general substance of this
96	96	Act, has been published as provided by law, and the notice and a
97	97	copy of this Act have been furnished to all persons, agencies,
98	98	officials, or entities to which they are required to be furnished
99	99	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
100	100	Government Code.
101	101	(b) The governor, one of the required recipients, has
102	102	submitted the notice and Act to the Texas Commission on
103	103	Environmental Quality.
104	104	(c) The Texas Commission on Environmental Quality has filed
105	105	its recommendations relating to this Act with the governor, the
106	106	lieutenant governor, and the speaker of the house of
107	107	representatives within the required time.
108	108	(d) All requirements of the constitution and laws of this
109	109	state and the rules and procedures of the legislature with respect
110	110	to the notice, introduction, and passage of this Act are fulfilled
111	111	and accomplished.
112	112	SECTION 3. This Act takes effect immediately if it receives
113	113	a vote of two-thirds of all the members elected to each house, as
114	114	provided by Section 39, Article III, Texas Constitution. If this
115	115	Act does not receive the vote necessary for immediate effect, this
116	116	Act takes effect September 1, 2009.
117	117	______________________________ ______________________________
118	118	President of the Senate Speaker of the House
119	119	I certify that H.B. No. 4815 was passed by the House on May
120	120	15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
121	121	voting.
122	122	______________________________
123	123	Chief Clerk of the House
124	124	I certify that H.B. No. 4815 was passed by the Senate on May
125	125	27, 2009, by the following vote: Yeas 31, Nays 0.
126	126	______________________________
127	127	Secretary of the Senate
128	128	APPROVED: _____________________
129	129	Date
130	130	_____________________
131	131	Governor