Texas 2009 - 81st Regular

Texas Senate Bill SB2541 Compare Versions

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1	1	By: Estes S.B. No. 2541
2	2	(In the Senate - Filed April 20, 2009; April 21, 2009, read
3	3	first time and referred to Committee on Intergovernmental
4	4	Relations; May 7, 2009, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 5, Nays 0;
6	6	May 7, 2009, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 2541 By: Gallegos
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the creation of the Brown's Ranch Municipal Utility
13	13	District No. 1 of Grayson County; providing authority to impose a
14	14	tax and issue bonds; granting a limited power of eminent domain.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	17	Code, is amended by adding Chapter 8348 to read as follows:
18	18	CHAPTER 8348. BROWN'S RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF
19	19	GRAYSON COUNTY
20	20	SUBCHAPTER A. GENERAL PROVISIONS
21	21	Sec. 8348.001. DEFINITIONS. In this chapter:
22	22	(1) "Board" means the district's board of directors.
23	23	(2) "Director" means a board member.
24	24	(3) "District" means the Brown's Ranch Municipal
25	25	Utility District No. 1 of Grayson County.
26	26	Sec. 8348.002. NATURE OF DISTRICT. The district is a
27	27	municipal utility district created under Section 59, Article XVI,
28	28	Texas Constitution.
29	29	Sec. 8348.003. CONFIRMATION AND DIRECTORS' ELECTION
30	30	REQUIRED. The temporary directors shall hold an election to
31	31	confirm the creation of the district and to elect five permanent
32	32	directors as provided by Section 49.102, Water Code.
33	33	Sec. 8348.004. CONSENT OF MUNICIPALITY REQUIRED. The
34	34	temporary directors may not hold an election under Section 8348.003
35	35	until each municipality in whose corporate limits or
36	36	extraterritorial jurisdiction the district is located has
37	37	consented by ordinance or resolution to the creation of the
38	38	district and to the inclusion of land in the district.
39	39	Sec. 8348.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
40	40	(a) The district is created to serve a public purpose and benefit.
41	41	(b) The district is created to accomplish the purposes of:
42	42	(1) a municipal utility district as provided by
43	43	general law and Section 59, Article XVI, Texas Constitution; and
44	44	(2) Section 52, Article III, Texas Constitution, that
45	45	relate to the construction, acquisition, improvement, operation,
46	46	or maintenance of macadamized, graveled, or paved roads, or
47	47	improvements, including storm drainage, in aid of those roads.
48	48	Sec. 8348.006. INITIAL DISTRICT TERRITORY. (a) The
49	49	district is initially composed of the territory described by
50	50	Section 2 of the Act creating this chapter.
51	51	(b) The boundaries and field notes contained in Section 2 of
52	52	the Act creating this chapter form a closure. A mistake made in the
53	53	field notes or in copying the field notes in the legislative process
54	54	does not affect the district's:
55	55	(1) organization, existence, or validity;
56	56	(2) right to issue any type of bond for the purposes
57	57	for which the district is created or to pay the principal of and
58	58	interest on a bond;
59	59	(3) right to impose a tax; or
60	60	(4) legality or operation.
61	61	[Sections 8348.007-8348.050 reserved for expansion]
62	62	SUBCHAPTER B. BOARD OF DIRECTORS
63	63	Sec. 8348.051. GOVERNING BODY; TERMS. (a) The district is
64	64	governed by a board of five elected directors.
65	65	(b) Except as provided by Section 8348.052, directors serve
66	66	staggered four-year terms.
67	67	Sec. 8348.052. TEMPORARY DIRECTORS. (a) On or after
68	68	September 1, 2009, the owner or owners of a majority of the assessed
69	69	value of the real property in the district may submit a petition to
70	70	the Texas Commission on Environmental Quality requesting that the
71	71	commission appoint as temporary directors the five persons named in
72	72	the petition. The commission shall appoint as temporary directors
73	73	the five persons named in the petition.
74	74	(b) Temporary directors serve until the earlier of:
75	75	(1) the date permanent directors are elected under
76	76	Section 8348.003; or
77	77	(2) September 1, 2013.
78	78	(c) If permanent directors have not been elected under
79	79	Section 8348.003 and the terms of the temporary directors have
80	80	expired, successor temporary directors shall be appointed or
81	81	reappointed as provided by Subsection (d) to serve terms that
82	82	expire on the earlier of:
83	83	(1) the date permanent directors are elected under
84	84	Section 8348.003; or
85	85	(2) the fourth anniversary of the date of the
86	86	appointment or reappointment.
87	87	(d) If Subsection (c) applies, the owner or owners of a
88	88	majority of the assessed value of the real property in the district
89	89	may submit a petition to the Texas Commission on Environmental
90	90	Quality requesting that the commission appoint as successor
91	91	temporary directors the five persons named in the petition. The
92	92	commission shall appoint as successor temporary directors the five
93	93	persons named in the petition.
94	94	[Sections 8348.053-8348.100 reserved for expansion]
95	95	SUBCHAPTER C. POWERS AND DUTIES
96	96	Sec. 8348.101. GENERAL POWERS AND DUTIES. The district has
97	97	the powers and duties necessary to accomplish the purposes for
98	98	which the district is created.
99	99	Sec. 8348.102. MUNICIPAL UTILITY DISTRICT POWERS AND
100	100	DUTIES. The district has the powers and duties provided by the
101	101	general law of this state, including Chapters 49 and 54, Water Code,
102	102	applicable to municipal utility districts created under Section 59,
103	103	Article XVI, Texas Constitution.
104	104	Sec. 8348.103. AUTHORITY FOR ROAD PROJECTS. Under Section
105	105	52, Article III, Texas Constitution, the district may design,
106	106	acquire, construct, finance, issue bonds for, improve, operate,
107	107	maintain, and convey to this state, a county, or a municipality for
108	108	operation and maintenance macadamized, graveled, or paved roads, or
109	109	improvements, including storm drainage, in aid of those roads.
110	110	Sec. 8348.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
111	111	road project must meet all applicable construction standards,
112	112	zoning and subdivision requirements, and regulations of each
113	113	municipality in whose corporate limits or extraterritorial
114	114	jurisdiction the road project is located.
115	115	(b) If a road project is not located in the corporate limits
116	116	or extraterritorial jurisdiction of a municipality, the road
117	117	project must meet all applicable construction standards,
118	118	subdivision requirements, and regulations of each county in which
119	119	the road project is located.
120	120	(c) If the state will maintain and operate the road, the
121	121	Texas Transportation Commission must approve the plans and
122	122	specifications of the road project.
123	123	Sec. 8348.105. COSTS OF ROAD PROJECT. The district shall
124	124	bear the cost of maintaining, improving, operating, and repairing a
125	125	road authorized by Section 8348.103 that is located in the
126	126	district, regardless of whether the district conveys the road to
127	127	this state, a county, or a municipality.
128	128	Sec. 8348.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
129	129	OR RESOLUTION. The district shall comply with all applicable
130	130	requirements of any ordinance or resolution that is adopted under
131	131	Section 54.016 or 54.0165, Water Code, and that consents to the
132	132	creation of the district or to the inclusion of land in the
133	133	district.
134	134	Sec. 8348.107. LIMITATION ON USE OF EMINENT DOMAIN. The
135	135	district may not exercise the power of eminent domain outside the
136	136	district to acquire a site or easement for:
137	137	(1) a road project authorized by Section 8348.103; or
138	138	(2) a recreational facility as defined by Section
139	139	49.462, Water Code.
140	140	Sec. 8348.108. LIMITATION ON ANNEXATION. The district may
141	141	not annex land without the written consent by resolution or
142	142	ordinance of each municipality in whose corporate limits or
143	143	extraterritorial jurisdiction the land is located and the written
144	144	consent of each water or sewer service provider that holds a
145	145	certificate of public convenience and necessity and whose
146	146	certificated service area includes any part of the land.
147	147	Sec. 8348.109. DIVISION OF DISTRICT. (a) The district may
148	148	be divided into two or more new districts only if the district:
149	149	(1) has no outstanding bonded debt; and
150	150	(2) is not imposing ad valorem taxes.
151	151	(b) This chapter applies to any new district created by the
152	152	division of the district, and a new district has all the powers and
153	153	duties of the district.
154	154	(c) Any new district created by the division of the district
155	155	may not, at the time the new district is created, contain any land
156	156	outside the area described by Section 2 of the Act creating this
157	157	chapter.
158	158	(d) The board, on its own motion or on receipt of a petition
159	159	signed by the owner or owners of a majority of the assessed value of
160	160	the real property in the district, may adopt an order dividing the
161	161	district.
162	162	(e) The board may adopt an order dividing the district
163	163	before or after the date the board holds an election under Section
164	164	8348.003 to confirm the district's creation.
165	165	(f) An order dividing the district shall:
166	166	(1) name each new district;
167	167	(2) include the metes and bounds description of the
168	168	territory of each new district;
169	169	(3) appoint temporary directors for each new district;
170	170	and
171	171	(4) provide for the division of assets and liabilities
172	172	between or among the new districts.
173	173	(g) On or before the 30th day after the date of adoption of
174	174	an order dividing the district, the district shall file the order
175	175	with the Texas Commission on Environmental Quality and record the
176	176	order in the real property records of each county in which the
177	177	district is located.
178	178	(h) Any new district created by the division of the district
179	179	shall hold a confirmation and directors' election as required by
180	180	Section 8348.003.
181	181	(i) Municipal consent to the creation of the district and to
182	182	the inclusion of land in the district granted under Section
183	183	8348.004 acts as municipal consent to the creation of any new
184	184	district created by the division of the district and to the
185	185	inclusion of land in the new district.
186	186	(j) Any new district created by the division of the district
187	187	must hold an election as required by this chapter to obtain voter
188	188	approval before the district may impose a maintenance tax or issue
189	189	bonds payable wholly or partly from ad valorem taxes.
190	190	[Sections 8348.110-8348.150 reserved for expansion]
191	191	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
192	192	Sec. 8348.151. ELECTIONS REGARDING TAXES OR BONDS.
193	193	(a) The district may issue, without an election, bonds and other
194	194	obligations secured by:
195	195	(1) revenue other than ad valorem taxes; or
196	196	(2) contract payments described by Section 8348.153.
197	197	(b) The district must hold an election in the manner
198	198	provided by Chapters 49 and 54, Water Code, to obtain voter approval
199	199	before the district may impose an ad valorem tax or issue bonds
200	200	payable from ad valorem taxes.
201	201	(c) The district may not issue bonds payable from ad valorem
202	202	taxes to finance a road project unless the issuance is approved by a
203	203	vote of a two-thirds majority of the district voters voting at an
204	204	election held for that purpose.
205	205	Sec. 8348.152. OPERATION AND MAINTENANCE TAX. (a) If
206	206	authorized at an election held under Section 8348.151, the district
207	207	may impose an operation and maintenance tax on taxable property in
208	208	the district in accordance with Section 49.107, Water Code.
209	209	(b) The board shall determine the tax rate. The rate may not
210	210	exceed the rate approved at the election.
211	211	Sec. 8348.153. CONTRACT TAXES. (a) In accordance with
212	212	Section 49.108, Water Code, the district may impose a tax other than
213	213	an operation and maintenance tax and use the revenue derived from
214	214	the tax to make payments under a contract after the provisions of
215	215	the contract have been approved by a majority of the district voters
216	216	voting at an election held for that purpose.
217	217	(b) A contract approved by the district voters may contain a
218	218	provision stating that the contract may be modified or amended by
219	219	the board without further voter approval.
220	220	[Sections 8348.154-8348.200 reserved for expansion]
221	221	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
222	222	Sec. 8348.201. AUTHORITY TO ISSUE BONDS AND OTHER
223	223	OBLIGATIONS. The district may issue bonds or other obligations
224	224	payable wholly or partly from ad valorem taxes, impact fees,
225	225	revenue, contract payments, grants, or other district money, or any
226	226	combination of those sources, to pay for any authorized district
227	227	purpose.
228	228	Sec. 8348.202. TAXES FOR BONDS. At the time the district
229	229	issues bonds payable wholly or partly from ad valorem taxes, the
230	230	board shall provide for the annual imposition of a continuing
231	231	direct ad valorem tax, without limit as to rate or amount, while all
232	232	or part of the bonds are outstanding as required and in the manner
233	233	provided by Sections 54.601 and 54.602, Water Code.
234	234	Sec. 8348.203. BONDS FOR ROAD PROJECTS. At the time of
235	235	issuance, the total principal amount of bonds or other obligations
236	236	issued or incurred to finance road projects and payable from ad
237	237	valorem taxes may not exceed one-fourth of the assessed value of the
238	238	real property in the district.
239	239	SECTION 2. The Brown's Ranch Municipal Utility District No.
240	240	1 of Grayson County initially includes all the territory contained
241	241	in the following area:
242	242	TRACT 1
243	243	BEING a tract of land located in the A.M. CROW SURVEY,
244	244	ABSTRACT 291, W.H. CROW SURVEY, ABSTRACT NO. 1539 and the W.H. CROW
245	245	SURVEY, ABSTRACT NO. 309, Grayson County, Texas arid being part of a
246	246	tract of land described in Deed to Marcus H. Brown and wife, Emma
247	247	Lee Brown, recorded in Volume 1481, Page 708, Deed Records, Grayson
248	248	County, Texas and all of a tract of land described in Deed to Marcus
249	249	Brown, recorded in Volume 2081, Page 657, Deed Records, Grayson
250	250	County, Texas and all of a tract of land described in Deed to Marcus
251	251	H. Brown, recorded in Volume 2247, Page 744, Deed Records, Grayson
252	252	County, Texas, and being more particularly described as follows:
253	253	BEGINNING at a railroad spike found at the intersection of
254	254	the approximate centerline of Wright Road with the approximate
255	255	centerline of Enterprise Road, said point being the Southeast
256	256	corner of said Marcus H. Brown tract and the Northeast corner of a
257	257	tract of land described as Second Tract in Deed to H.M. Shytles, Jr.
258	258	recorded in Volume 1966, Page 206, Deed Records, Grayson County,
259	259	Texas;
260	260	THENCE North 89 degrees 07 minutes 14 seconds West, a
261	261	distance of
262	262	4,563.29 feet to a 1/2 inch iron rod with a yellow plastic cap
263	263	stamped "DAA" set in the North line of a tract of land described in
264	264	Deed to Elizabeth Brown, recorded in Volume 2254, Page 94, Deed
265	265	Records, Grayson County, Texas at the Southeast corner of a tract of
266	266	land described in Deed to Patricia Ann Lawrence Sethaler, recorded
267	267	in Volume 2467, Page 56, Deed Records, Grayson County, Texas;
268	268	THENCE North 00 degrees 58 minutes 31 seconds East, a
269	269	distance of 840.07 feet to a 1/2 inch iron rod with a yellow plastic
270	270	cap stamped "DAA" set at the Northeast corner of said Sethaler
271	271	tract;
272	272	THENCE North 89 degrees 06 minutes 17 seconds West, a
273	273	distance of
274	274	799.71 feet to a 3/4 inch iron rod found in the approximate
275	275	centerline of Kusch Lane at the Northwest corner of said Sethaler
276	276	tract;
277	277	THENCE North 01 degrees 01 minutes 30 seconds East, along the
278	278	approximate centerline of said Kusch Lone, a distance of 1,825.99
279	279	feet to a 1/2 inch iron rod found at the Northwest corner of said
280	280	Marcus H. Brown and wife, Emma Lee Brown tract and the Southwest
281	281	corner of a tract of land described in Deed to Madolene Carol
282	282	Williams, recorded in Volume 2247, Page 732, Deed Records, Grayson
283	283	County, Texas;
284	284	THENCE South 89 degrees 08 minutes 51 seconds East, a
285	285	distance of 4,497.55 feet to a point in a pond at the Northwest
286	286	corner of a tract of land described in Deed to Marcus Brown and
287	287	wife, Emma Lee Brown, recorded in Volume 1193, Page 85, Deed
288	288	Records, Grayson County, Texas;
289	289	THENCE South 00 degrees 40 minutes 39 seconds West, along the
290	290	West line of said Marcus Brown and wife, Emma Lee Brown tract
291	291	recorded in Volume 1193, Page 85, a distance of 450.00 feet to a 1/2
292	292	inch iron rod with a yellow plastic cap stamped "DAA" set at the
293	293	Southwest corner of said Marcus Brown and wife, Emma Lee Brown tract
294	294	recorded in Volume 1193, Page 85;
295	295	THENCE South 89 degrees 08 minutes 51 seconds East, along the
296	296	South line of said Marcus Brown and wife, Emma Lee Brown tract
297	297	recorded in Volume 1193, Page 85, a distance of 850.00 feet to a 1/2
298	298	inch iron rod with a yellow plastic cap stamped "DAA" set in said
299	299	Enterprise Road at the Southeast corner of said Marcus Brown and
300	300	wife, Emma Lee Brown tract recorded in Volume 1193, Page 85;
301	301	THENCE South 00 degrees 40 minutes 39 seconds West, a
302	302	distance of 2,218.79 feet to the POINT OF BEGINNING and containing
303	303	303.755 acres of land, more or less.
304	304	TRACT 2
305	305	BEING a tract of land located in the I.N. WINDROW SURVEY,
306	306	ABSTRACT NO. 1378, Grayson County, Texas and being part of a tract
307	307	of land described in Deed to Madalene Carol Williams, recorded in
308	308	Volume 2247, Page 732, Deed Records, Grayson County, Texas and
309	309	being more particularly described as follows:
310	310	BEGINNING at a 1/2 inch iron rod found in the approximate
311	311	centerline of Kusch Lane at the Southwest corner of said Williams
312	312	tract and the Northwest corner of a tract of land described in Deed
313	313	to Marcus H. Brown and wife, Emma Lee Brown, recorded in Volume
314	314	1481, Page 708, Deed Records, Grayson County, Texas;
315	315	THENCE North 00 degrees 56 minutes 29 seconds East, a
316	316	distance of 1,680.18 feet to a 1/2 inch iron rod with a yellow
317	317	plastic cap stamped "DAA" set at the intersection of the
318	318	Southeasterly right-of-way line of M-K-T Railroad, a variable width
319	319	right-of-way, with the Westerly line of said Williams tract, said
320	320	point being at the beginning of a non-tangent curve to the left
321	321	having a central angle of 07 degrees 17 minutes 31 seconds, a radius
322	322	of 5,789.65 feet and a chord bearing and distance of North 46
323	323	degrees 26 minutes 26 seconds East, 736.85 feet;
324	324	THENCE Northeasterly, along said Southeasterly right-of-way
325	325	line, the following three (3) courses and distances:
326	326	Northeasterly, along said curve to the left, an arc
327	327	distance of 736.85 feet to a 1/2 inch iron rod with a yellow plastic
328	328	cap stamped "DAA" set for corner;
329	329	North 46 degrees 52 minutes 08 seconds West, a distance
330	330	of 10.00 feet to a 1/2 inch iron rod with a yellow plastic cap
331	331	stamped "DAA" set at the beginning of a non-tangent curve to the
332	332	left having a central angle of 05 degrees 50 minutes 28
333	333	seconds, a radius of 5,779.65 feet and a chord bearing
334	334	and distance of North 39 degrees 52 minutes 25 seconds East,
335	335	588.97 feet;
336	336	Northeasterly, along said curve to the left, an arc
337	337	distance of 589.23 feet to a 1/2 inch iron rod with a yellow plastic
338	338	cap stamped "DAA" set at intersection of said Southeasterly
339	339	right-of-way line with the North line of said Williams tract;
340	340	THENCE South 88 degrees 59 minutes 13 seconds East, leaving
341	341	said Southeasterly right-of-way line and along the North line of
342	342	said Williams tract, a distance of 883.12 feet to a 1/2 inch iron
343	343	rod with a yellow plastic cap stamped "DAA" set at the Northeast
344	344	corner of said Williams tract;
345	345	THENCE South 00 degrees 40 minutes 39 seconds West, along the
346	346	East line of said Williams tract, a distance of 2657.33 feet to a
347	347	1/2 inch iron rod with a yellow plastic cap stamped "DAA" set in the
348	348	North line of said Brown tract at the Southeast corner of said
349	349	Williams tract;
350	350	THENCE North 89 degrees 08 minutes 51 seconds West, along the
351	351	common line of said Williams tract and said Brown tract, a distance
352	352	of 1783.26 feet to the POINT OF BEGINNING and containing 97.718
353	353	acres of land, more or less.
354	354	TRACT 3
355	355	BEING a tract of land located in the I.N. WINDROW SURVEY,
356	356	ABSTRACT NO. 1378 and the CYRUS PALMER SURVEY, ABSTRACT NO. 982,
357	357	Grayson County, Texas and being all of a tract of land described in
358	358	Deed to Ron Acton, recorded in Volume 3726, Page 390, Deed Records,
359	359	Grayson County, Texas and being more particularly described as
360	360	follows:
361	361	BEGINNING at a PK nail found at the intersection of the
362	362	approximate
363	363	centerline of Quail Run Road with the approximate centerline
364	364	of Enterprise Road, said point being the Northeast corner of said
365	365	Acton tract and the Southeast corner of a tract of land described in
366	366	Deed to The Veterans Land Board of The State of Texas, recorded in
367	367	Volume 2243, Page 172, Deed Records, Grayson County, Texas;
368	368	THENCE South 00 degrees 40 minutes 39 seconds West, along the
369	369	East line of said Acton tract, a distance of 2,647.35 feet to a 1/2
370	370	inch iron rod with a yellow plastic cap stamped "DAA" set at the
371	371	Southeast corner of said Acton tract and the Northeast corner of a
372	372	tract of land described in Deed to Marcus Brown and wife, Emma Lee
373	373	Brown, recorded in Volume 1193, Page 85, Deed Records, Grayson
374	374	County, Texas;
375	375	THENCE North 89 degrees 08 minutes 51 seconds West, leaving
376	376	said East line, a distance of 3,564.29 feet to a 1/2 inch iron rod
377	377	with a yellow plastic cap stamped "DAA" set in the North line of a
378	378	tract of land described in Deed to Marcus H. Brown and wife, Emma
379	379	Lee Brown, recorded in Volume 1481, Page 708, Deed Records, Grayson
380	380	County, Texas, at the Southwest corner of said Acton tract;
381	381	THENCE North 00 degrees 40 minutes 39 seconds East, leaving
382	382	the North line of said Brown tract, a distance of 2657.33 feet to a
383	383	1/2 inch iron rod with a yellow plastic cap stamped "DAA" set in the
384	384	approximate centerline of said Quail Run Road at the Northwest
385	385	corner of said Acton tract;
386	386	THENCE South 88 degrees 59 minutes 13 seconds East, along the
387	387	approximate centerline of said Quail Run Road, a distance of
388	388	3564.33 feet to the POINT OF BEGINNING and containing 217.026 acres
389	389	of land, more or less.
390	390	SECTION 3. (a) The legal notice of the intention to
391	391	introduce this Act, setting forth the general substance of this
392	392	Act, has been published as provided by law, and the notice and a
393	393	copy of this Act have been furnished to all persons, agencies,
394	394	officials, or entities to which they are required to be furnished
395	395	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
396	396	Government Code.
397	397	(b) The governor, one of the required recipients, has
398	398	submitted the notice and Act to the Texas Commission on
399	399	Environmental Quality.
400	400	(c) The Texas Commission on Environmental Quality has filed
401	401	its recommendations relating to this Act with the governor, the
402	402	lieutenant governor, and the speaker of the house of
403	403	representatives within the required time.
404	404	(d) All requirements of the constitution and laws of this
405	405	state and the rules and procedures of the legislature with respect
406	406	to the notice, introduction, and passage of this Act are fulfilled
407	407	and accomplished.
408	408	SECTION 4. This Act takes effect September 1, 2009.
409	409	* * * * *