Texas 2013 - 83rd Regular

Texas Senate Bill SB1901 Compare Versions

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1	1	By: Zaffirini, et al. S.B. No. 1901
2	2	(Isaac)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the LaSalle Municipal Utility District
8	8	No. 3; granting a limited power of eminent domain; providing
9	9	authority to issue bonds; providing authority to impose
10	10	assessments, fees, or taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 8474 to read as follows:
14	14	CHAPTER 8474. LASALLE MUNICIPAL UTILITY DISTRICT NO. 3
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8474.001. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the LaSalle Municipal Utility
22	22	District No. 3.
23	23	Sec. 8474.002. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 8474.003. CONFIRMATION AND DIRECTORS' ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 8474.004. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section 8474.003
32	32	until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 8474.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 8474.006. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 8474.051. 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 8474.052, directors serve
62	62	staggered four-year terms.
63	63	Sec. 8474.052. TEMPORARY DIRECTORS. (a) On or after the
64	64	effective date of the Act enacting 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 commission requesting that
67	67	the commission appoint as temporary directors the five persons
68	68	named in the petition. The commission shall appoint as temporary
69	69	directors the five persons named in the petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8474.003; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act enacting this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 8474.003 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 8474.003; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 8474.101. GENERAL POWERS AND DUTIES. The district has
93	93	the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 8474.102. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 8474.103. AUTHORITY FOR ROAD PROJECTS. Under Section
101	101	52, Article III, Texas Constitution, and Section 53.029(c), Water
102	102	Code, the district may design, acquire, construct, finance, issue
103	103	bonds for, improve, operate, maintain, and convey to this state, a
104	104	county, or a municipality for operation and maintenance
105	105	macadamized, graveled, or paved roads, or improvements, including
106	106	storm drainage, in aid of those roads.
107	107	Sec. 8474.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
108	108	road project must meet all applicable construction standards,
109	109	zoning and subdivision requirements, and regulations of each
110	110	municipality in whose corporate limits or extraterritorial
111	111	jurisdiction the road project is located.
112	112	(b) If a road project is not located in the corporate limits
113	113	or extraterritorial jurisdiction of a municipality, the road
114	114	project must meet all applicable construction standards,
115	115	subdivision requirements, and regulations of each county in which
116	116	the road project is located.
117	117	(c) If the state will maintain and operate the road, the
118	118	Texas Transportation Commission must approve the plans and
119	119	specifications of the road project.
120	120	Sec. 8474.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
121	121	OR RESOLUTION. The district shall comply with all applicable
122	122	requirements of any ordinance or resolution that is adopted under
123	123	Section 54.016 or 54.0165, Water Code, and that consents to the
124	124	creation of the district or to the inclusion of land in the
125	125	district.
126	126	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
127	127	Sec. 8474.151. ELECTIONS REGARDING TAXES OR BONDS.
128	128	(a) The district may issue, without an election, bonds and other
129	129	obligations secured by:
130	130	(1) revenue other than ad valorem taxes; or
131	131	(2) contract payments described by Section 8474.153.
132	132	(b) The district must hold an election in the manner
133	133	provided by Chapters 49 and 54, Water Code, to obtain voter approval
134	134	before the district may impose an ad valorem tax or issue bonds
135	135	payable from ad valorem taxes.
136	136	(c) The district may not issue bonds payable from ad valorem
137	137	taxes to finance a road project unless the issuance is approved by a
138	138	vote of a two-thirds majority of the district voters voting at an
139	139	election held for that purpose.
140	140	Sec. 8474.152. OPERATION AND MAINTENANCE TAX. (a) If
141	141	authorized at an election held under Section 8474.151, the district
142	142	may impose an operation and maintenance tax on taxable property in
143	143	the district in accordance with Section 49.107, Water Code.
144	144	(b) The board shall determine the tax rate. The rate may not
145	145	exceed the rate approved at the election.
146	146	Sec. 8474.153. CONTRACT TAXES. (a) In accordance with
147	147	Section 49.108, Water Code, the district may impose a tax other than
148	148	an operation and maintenance tax and use the revenue derived from
149	149	the tax to make payments under a contract after the provisions of
150	150	the contract have been approved by a majority of the district voters
151	151	voting at an election held for that purpose.
152	152	(b) A contract approved by the district voters may contain a
153	153	provision stating that the contract may be modified or amended by
154	154	the board without further voter approval.
155	155	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
156	156	Sec. 8474.201. AUTHORITY TO ISSUE BONDS AND OTHER
157	157	OBLIGATIONS. The district may issue bonds or other obligations
158	158	payable wholly or partly from ad valorem taxes, impact fees,
159	159	revenue, contract payments, grants, or other district money, or any
160	160	combination of those sources, to pay for any authorized district
161	161	purpose.
162	162	Sec. 8474.202. TAXES FOR BONDS. At the time the district
163	163	issues bonds payable wholly or partly from ad valorem taxes, the
164	164	board shall provide for the annual imposition of a continuing
165	165	direct ad valorem tax, without limit as to rate or amount, while all
166	166	or part of the bonds are outstanding as required and in the manner
167	167	provided by Sections 54.601 and 54.602, Water Code.
168	168	Sec. 8474.203. BONDS FOR ROAD PROJECTS. At the time of
169	169	issuance, the total principal amount of bonds or other obligations
170	170	issued or incurred to finance road projects and payable from ad
171	171	valorem taxes may not exceed one-fourth of the assessed value of the
172	172	real property in the district.
173	173	SECTION 2. The LaSalle Municipal Utility District No. 3
174	174	initially includes all the territory contained in the following
175	175	area:
176	176	FIELD NOTE DESCRIPTION OF 320.71 ACRES OF LAND OUT OF THE WILLIAM
177	177	HEMPHILL SURVEY ABSTRACT No. 221 IN HAYS COUNTY, TEXAS, BEING A
178	178	PORTION OF THAT CERTAIN (765.035 ACRE) TRACT OF LAND AS CONVEYED TO
179	179	LASALLE HOLDINGS, LTD. BY SPECIAL WARRANTY DEED RECORDED IN VOLUME
180	180	2909 PAGE 684 OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS,
181	181	TOGETHER WITH A PORTION OF THAT CERTAIN (171.236) ACRE) TRACT OF
182	182	LAND AS CONVEYED TO LASALLE HOLDINGS, LTD. BY GENERAL WARRANTY DEED
183	183	RECORDED IN VOLUME 3030 PAGE 657 OF THE OFFICIAL PUBLIC RECORDS OF
184	184	HAYS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES
185	185	AND BOUNDS AS FOLLOWS:
186	186	BEGINNING FOR REFERENCE at 1/2" iron rod found in the Northeast
187	187	right-of-way line of Yarrington Road for the most Westerly corner
188	188	of that certain (765.035 acre) tract of land as conveyed to LaSalle
189	189	Holdings, Ltd. By Special Warranty Deed recorded in Volume 2909
190	190	Page 684 of the Official Public Records of Hays County, Texas, and
191	191	for the most Southerly corner of that certain (468.288 acre) tract
192	192	of land described as "Tract 2" in deed to F.M. 158 Land, Ltd. As
193	193	recorded in Volume 2702 Page 613 of the Official Public Records of
194	194	Hays County, Texas;
195	195	THENCE leaving the Northeast right-of-way line of Yarrington Road
196	196	with a Northwesterly line of said LaSalle Holdings (765.035 acre)
197	197	tract, N 44 deg. 14'37"E 963.10 ft. to a point for the North corner
198	198	and PLACE OF BEGINNING of the herein described tract of land;
199	199	THEN continuing with a Northwesterly line of said LaSalle Holdings
200	200	(765.035 acre) tract, the following three (3) courses:
201	201	1) N 44 deg. 14' 37" E 2807.00 ft.;
202	202	2) N 45 deg. 27' 33" W 240.49 ft.;
203	203	3) N 43 deg. 28' 18" E 1300.84 ft. to a point for the most
204	204	Northerly corner of this tract, and from which a capped iron rod
205	205	found (marked "Byrn" for an angle corner of said LaSalle Holdings
206	206	(765.035 acre) tract bears N 43 deg. 28' 18" E 700.00 ft.;
207	207	THENCE crossing the interior of said LaSalle Holdings (765.035
208	208	acre) tract with the Northeast line of this tract, S 45 deg. 39' 03"
209	209	E 3568.62 ft. to a point in the Northwest line of Hays County Road
210	210	No. 158 and in the Southeast line of said LaSalle Holdings (765.035
211	211	acre) tract and being the most Easterly corner of this tract, and
212	212	from which a 1/2" iron rod found in the Northwest line of Hays
213	213	County Road No. 158 and in the Southeast line of said LaSalle
214	214	Holdings (765.035 acre) tract bears N 43 deg. 23' 01" E 1294.66 ft.;
215	215	THENCE with the Northwest line of Hays County Road No. 158 and with
216	216	the Southeast line of said LaSalle Holdings (765.035 acre) tract,
217	217	the following two (2) courses;
218	218	1) S 43 deg. 23' 01" W 302.20 ft. to a 1/2" iron rod found;
219	219	2) S 43 deg. 23' 51" W 1010.30 ft. to a 1/2" iron rod found for
220	220	the most Southerly corner of said LaSalle Holdings (765.035 acre)
221	221	tract and for the most Easterly corner of that certain (171.236
222	222	acre) tract of land as conveyed to LaSalle Holdings, Ltd. By General
223	223	Warranty Deed recorded in Volume 3030 Page 657 of the Official
224	224	Public Records of Hays County, Texas;
225	225	THENCE with the Northwest line of Hays County Road No. 158 and with
226	226	the Southeast line of said LaSalle Holdings (171.236 acre) tract,
227	227	the following four (4) courses;
228	228	1) S 43 deg. 29' 43" W 1818.92 ft. to a capped iron rod found
229	229	(marked "4069");
230	230	2) S 44 deg. 22' 05" W 453.62 ft. to a capped iron rod found
231	231	(marked "4069);
232	232	3) S 43 deg. 10' 19" W 425.56 ft. to a 1/2" iron rod found;
233	233	4) S 44 deg. 50' 25" W 57.00 ft. to a point for the West corner
234	234	of this tract and from which a capped iron rod found (marked "4069),
235	235	bears S 44 deg. 50' 25" W 65.22 ft.;
236	236	THENCE leaving the Northwest line of Hays County Road No. 158 and
237	237	crossing the interiors of said LaSalle Holdings (171.236 acre)
238	238	tract and LaSalle Holdings (765.035 acre) tract with the Northwest
239	239	line of this tract, N 46 deg. 21' 22" W 3360.37 ft. to the PLACE OF
240	240	BEGINNING, containing 320.71 acres of land.
241	241	SECTION 3. (a) The legal notice of the intention to
242	242	introduce this Act, setting forth the general substance of this
243	243	Act, has been published as provided by law, and the notice and a
244	244	copy of this Act have been furnished to all persons, agencies,
245	245	officials, or entities to which they are required to be furnished
246	246	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
247	247	Government Code.
248	248	(b) The governor, one of the required recipients, has
249	249	submitted the notice and Act to the Texas Commission on
250	250	Environmental Quality.
251	251	(c) The Texas Commission on Environmental Quality has filed
252	252	its recommendations relating to this Act with the governor, the
253	253	lieutenant governor, and the speaker of the house of
254	254	representatives within the required time.
255	255	(d) All requirements of the constitution and laws of this
256	256	state and the rules and procedures of the legislature with respect
257	257	to the notice, introduction, and passage of this Act are fulfilled
258	258	and accomplished.
259	259	SECTION 4. (a) If this Act does not receive a two-thirds
260	260	vote of all the members elected to each house, Subchapter C, Chapter
261	261	8474, Special District Local Laws Code, as added by Section 1 of
262	262	this Act, is amended by adding Section 8474.106 to read as follows:
263	263	Sec. 8474.106. NO EMINENT DOMAIN POWER. The district may
264	264	not exercise the power of eminent domain.
265	265	(b) This section is not intended to be an expression of a
266	266	legislative interpretation of the requirements of Subsection (c),
267	267	Section 17, Article I, Texas Constitution.
268	268	SECTION 5. This Act takes effect immediately if it receives
269	269	a vote of two-thirds of all the members elected to each house, as
270	270	provided by Section 39, Article III, Texas Constitution. If this
271	271	Act does not receive the vote necessary for immediate effect, this
272	272	Act takes effect September 1, 2013.