Texas 2013 - 83rd Regular

Texas Senate Bill SB1903 Compare Versions

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1	1	By: Zaffirini, et al. S.B. No. 1903
2	2	(Isaac)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the LaSalle Municipal Utility District
7	7	No. 5; granting a limited power of eminent domain; providing
8	8	authority to issue bonds; providing authority to impose
9	9	assessments, fees, or taxes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8476 to read as follows:
13	13	CHAPTER 8476. LASALLE MUNICIPAL UTILITY DISTRICT NO. 5
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8476.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(3) "Director" means a board member.
20	20	(4) "District" means the LaSalle Municipal Utility
21	21	District No. 5.
22	22	Sec. 8476.002. 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. 8476.003. 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. 8476.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section 8476.003
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. 8476.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	36	(a) 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. 8476.006. INITIAL DISTRICT TERRITORY. (a) The
45	45	district is initially composed of the territory described by
46	46	Section 2 of the Act enacting this chapter.
47	47	(b) The boundaries and field notes contained in Section 2 of
48	48	the Act enacting 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	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 8476.051. GOVERNING BODY; TERMS. (a) The district is
59	59	governed by a board of five elected directors.
60	60	(b) Except as provided by Section 8476.052, directors serve
61	61	staggered four-year terms.
62	62	Sec. 8476.052. TEMPORARY DIRECTORS. (a) On or after the
63	63	effective date of the Act enacting this chapter, the owner or owners
64	64	of a majority of the assessed value of the real property in the
65	65	district may submit a petition to the commission requesting that
66	66	the commission appoint as temporary directors the five persons
67	67	named in the petition. The commission shall appoint as temporary
68	68	directors the five persons named in the petition.
69	69	(b) Temporary directors serve until the earlier of:
70	70	(1) the date permanent directors are elected under
71	71	Section 8476.003; or
72	72	(2) the fourth anniversary of the effective date of
73	73	the Act enacting this chapter.
74	74	(c) If permanent directors have not been elected under
75	75	Section 8476.003 and the terms of the temporary directors have
76	76	expired, successor temporary directors shall be appointed or
77	77	reappointed as provided by Subsection (d) to serve terms that
78	78	expire on the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 8476.003; or
81	81	(2) the fourth anniversary of the date of the
82	82	appointment or reappointment.
83	83	(d) If Subsection (c) applies, the owner or owners of a
84	84	majority of the assessed value of the real property in the district
85	85	may submit a petition to the commission requesting that the
86	86	commission appoint as successor temporary directors the five
87	87	persons named in the petition. The commission shall appoint as
88	88	successor temporary directors the five persons named in the
89	89	petition.
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 8476.101. GENERAL POWERS AND DUTIES. The district has
92	92	the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 8476.102. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 8476.103. AUTHORITY FOR ROAD PROJECTS. Under Section
100	100	52, Article III, Texas Constitution, and Section 53.029(c), Water
101	101	Code, the district may design, acquire, construct, finance, issue
102	102	bonds for, improve, operate, maintain, and convey to this state, a
103	103	county, or a municipality for operation and maintenance
104	104	macadamized, graveled, or paved roads, or improvements, including
105	105	storm drainage, in aid of those roads.
106	106	Sec. 8476.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	107	road project must meet all applicable construction standards,
108	108	zoning and subdivision requirements, and regulations of each
109	109	municipality in whose corporate limits or extraterritorial
110	110	jurisdiction the road project is located.
111	111	(b) If a road project is not located in the corporate limits
112	112	or extraterritorial jurisdiction of a municipality, the road
113	113	project must meet all applicable construction standards,
114	114	subdivision requirements, and regulations of each county in which
115	115	the road project is located.
116	116	(c) If the state will maintain and operate the road, the
117	117	Texas Transportation Commission must approve the plans and
118	118	specifications of the road project.
119	119	Sec. 8476.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
120	120	OR RESOLUTION. The district shall comply with all applicable
121	121	requirements of any ordinance or resolution that is adopted under
122	122	Section 54.016 or 54.0165, Water Code, and that consents to the
123	123	creation of the district or to the inclusion of land in the
124	124	district.
125	125	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	126	Sec. 8476.151. ELECTIONS REGARDING TAXES OR BONDS.
127	127	(a) The district may issue, without an election, bonds and other
128	128	obligations secured by:
129	129	(1) revenue other than ad valorem taxes; or
130	130	(2) contract payments described by Section 8476.153.
131	131	(b) The district must hold an election in the manner
132	132	provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	133	before the district may impose an ad valorem tax or issue bonds
134	134	payable from ad valorem taxes.
135	135	(c) The district may not issue bonds payable from ad valorem
136	136	taxes to finance a road project unless the issuance is approved by a
137	137	vote of a two-thirds majority of the district voters voting at an
138	138	election held for that purpose.
139	139	Sec. 8476.152. OPERATION AND MAINTENANCE TAX. (a) If
140	140	authorized at an election held under Section 8476.151, the district
141	141	may impose an operation and maintenance tax on taxable property in
142	142	the district in accordance with Section 49.107, Water Code.
143	143	(b) The board shall determine the tax rate. The rate may not
144	144	exceed the rate approved at the election.
145	145	Sec. 8476.153. CONTRACT TAXES. (a) In accordance with
146	146	Section 49.108, Water Code, the district may impose a tax other than
147	147	an operation and maintenance tax and use the revenue derived from
148	148	the tax to make payments under a contract after the provisions of
149	149	the contract have been approved by a majority of the district voters
150	150	voting at an election held for that purpose.
151	151	(b) A contract approved by the district voters may contain a
152	152	provision stating that the contract may be modified or amended by
153	153	the board without further voter approval.
154	154	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
155	155	Sec. 8476.201. AUTHORITY TO ISSUE BONDS AND OTHER
156	156	OBLIGATIONS. The district may issue bonds or other obligations
157	157	payable wholly or partly from ad valorem taxes, impact fees,
158	158	revenue, contract payments, grants, or other district money, or any
159	159	combination of those sources, to pay for any authorized district
160	160	purpose.
161	161	Sec. 8476.202. TAXES FOR BONDS. At the time the district
162	162	issues bonds payable wholly or partly from ad valorem taxes, the
163	163	board shall provide for the annual imposition of a continuing
164	164	direct ad valorem tax, without limit as to rate or amount, while all
165	165	or part of the bonds are outstanding as required and in the manner
166	166	provided by Sections 54.601 and 54.602, Water Code.
167	167	Sec. 8476.203. BONDS FOR ROAD PROJECTS. At the time of
168	168	issuance, the total principal amount of bonds or other obligations
169	169	issued or incurred to finance road projects and payable from ad
170	170	valorem taxes may not exceed one-fourth of the assessed value of the
171	171	real property in the district.
172	172	SECTION 2. The LaSalle Municipal Utility District No. 5
173	173	initially includes all the territory contained in the following
174	174	area:
175	175	FIELD NOTE DESCRIPTION OF 275.81 ACRES OF LAND OUT OF THE WILLIAM
176	176	HEMPHILL SURVEY ABSTRACT No. 221 IN HAYS COUNTY, TEXAS, BEING A
177	177	PORTION OF THAT CERTAIN (811.38 ACRE) TRACT OF LAND AS CONVEYED TO
178	178	LASALLE HOLDINGS, LTD. BY SPECIAL WARRANTY DEED RECORDED IN VOLUME
179	179	2909 PAGE 684 OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS,
180	180	AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
181	181	FOLLOWS:
182	182	BEGINNING FOR REFERENCE at a capped iron rod found (marked
183	183	"ProTech") in the Northwest line of the Old San Antonio Road for the
184	184	most Easterly corner of that certain (811.38 acre) tract of land as
185	185	conveyed to LaSalle Holdings by Special Warranty Deed recorded in
186	186	Volume 2909 Page 684 of the Official Public Records of Hays County,
187	187	Texas;
188	188	THENCE with the Southeast line of said LaSalle Holdings (811.38
189	189	acre) tract, S 48 deg. 44' 13" W 178.85 ft. to a capped iron rod
190	190	found (marked "Byrn") at the point of intersection with the curving
191	191	Northwest right-of-way line State Highway No. 21;
192	192	THENCE with the Northwest right-of-way line of State Highway No.
193	193	21, the following two (2) courses;
194	194	1) along a curve to the left with a radius of 5779.51 ft. for
195	195	an arc length of 830.52 ft. and which chord bears S 52 deg. 53' 22" W
196	196	829.80 ft. to a PK nail found in a broken concrete monument for a
197	197	point of tangency;
198	198	2) S 48 deg. 46' 22" W 1475.74 ft. to a 1/2" iron rod found for
199	199	the most Southerly corner of said LaSalle Holdings (811.38 acre)
200	200	tract;
201	201	THENCE leaving the Northwest right-of-way line of State Highway No.
202	202	21 with a Southerly line of said LaSalle Holdings (811.38 acre)
203	203	tract, the following two (2) courses;
204	204	1) N 45 deg. 31' 36" W 2950.62 ft.;
205	205	2) S 44 deg. 02' 00" W 1300.00 ft. to a point for an Easterly
206	206	angle corner and PLACE OF BEGINNING of the herein described tract of
207	207	land;
208	208	THENCE continuing with a Southerly or Southeasterly line of said
209	209	LaSalle Holdings (811.38 acre) tract, S 44 deg. 02' 00" W 1863.28
210	210	ft. to a point for the most Southerly corner of this tract;
211	211	THENCE continuing with a Southerly line of said LaSalle Holdings
212	212	(811.38 acre) tract, the following thirteen (13) courses;
213	213	1) N 54 deg. 17' 20" W 771.66 ft.;
214	214	2) S 83 deg. 08' 18" W 840.88 ft.;
215	215	3) N 52 deg. 17' 55" W 690.89 ft.;
216	216	4) N 62 deg. 00' 02" W 69.27 ft.;
217	217	5) N 68 deg. 09' 41" W 56.18 ft.;
218	218	6) N 72 deg. 20' 49" W 88.29 ft.;
219	219	7) N 73 deg. 00' 27" W 53.89 ft.;
220	220	8) N 78 deg. 17' 31" W 427.31 ft.;
221	221	9) N 88 deg. 16' 13" W 82.92 ft.;
222	222	10) S 89 deg. 50' 43" W 252.84 ft.;
223	223	11) N 77 deg. 42' 55" W 289.03 ft;
224	224	12) N 69 deg. 45' 12" W 133.17 ft.;
225	225	13) N 65 deg. 20' 24" W 1059.29 ft. to a point in the
226	226	Southeast line of Hays County Road No. 158 for the most Westerly
227	227	corner of said LaSalle Holdings (811.38 acre) tract and being the
228	228	most Westerly corner of this tract;
229	229	THENCE with the Southeast line of Hays County Road No. 158 and with
230	230	the Northwest line of said LaSalle Holdings (811.38 acre) tract,
231	231	the following two (2) courses;
232	232	1) N 43 deg. 32' 03" E 3243.31 ft. to a 1/2" iron rod found;
233	233	2) N 43 deg. 26' 25" E 605.66 ft. to a point for the most
234	234	Northerly corner of this tract, and from which a capped iron rod
235	235	found (marked "Byrn") in the Southeast line of Hays County Road No.
236	236	158 and in the Northwest line of said LaSalle Holdings (811.38 acre)
237	237	tract bears N 43 deg. 26' 25" E 482.55 ft;
238	238	THENCE crossing the interior of said LaSalle Holdings (811.38 acre)
239	239	tract with the Northeast line of this tract, S 45 deg. 39' 03" E
240	240	4231.53 ft. to the PLACE OF BEGINNING, containing 275.81 acres of
241	241	land.
242	242	SECTION 3. (a) The legal notice of the intention to
243	243	introduce this Act, setting forth the general substance of this
244	244	Act, has been published as provided by law, and the notice and a
245	245	copy of this Act have been furnished to all persons, agencies,
246	246	officials, or entities to which they are required to be furnished
247	247	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
248	248	Government Code.
249	249	(b) The governor, one of the required recipients, has
250	250	submitted the notice and Act to the Texas Commission on
251	251	Environmental Quality.
252	252	(c) The Texas Commission on Environmental Quality has filed
253	253	its recommendations relating to this Act with the governor, the
254	254	lieutenant governor, and the speaker of the house of
255	255	representatives within the required time.
256	256	(d) All requirements of the constitution and laws of this
257	257	state and the rules and procedures of the legislature with respect
258	258	to the notice, introduction, and passage of this Act are fulfilled
259	259	and accomplished.
260	260	SECTION 4. (a) If this Act does not receive a two-thirds
261	261	vote of all the members elected to each house, Subchapter C, Chapter
262	262	8476, Special District Local Laws Code, as added by Section 1 of
263	263	this Act, is amended by adding Section 8476.106 to read as follows:
264	264	Sec. 8476.106. NO EMINENT DOMAIN POWER. The district may
265	265	not exercise the power of eminent domain.
266	266	(b) This section is not intended to be an expression of a
267	267	legislative interpretation of the requirements of Subsection (c),
268	268	Section 17, Article I, Texas Constitution.
269	269	SECTION 5. This Act takes effect immediately if it receives
270	270	a vote of two-thirds of all the members elected to each house, as
271	271	provided by Section 39, Article III, Texas Constitution. If this
272	272	Act does not receive the vote necessary for immediate effect, this
273	273	Act takes effect September 1, 2013.