By: Thompson of Brazoria H.B. No. 3081
(Senate Sponsor - Taylor of Galveston)
(In the Senate - Received from the House April 27, 2015;
April 27, 2015, read first time and referred to Committee on
Intergovernmental Relations; May 5, 2015, reported favorably by
the following vote: Yeas 5, Nays 0; May 5, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Brazoria County Municipal Utility
District No. 68; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, or taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8493 to read as follows:
CHAPTER 8493. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 68
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8493.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Brazoria County Municipal
Utility District No. 68.
Sec. 8493.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8493.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8493.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8493.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
Sec. 8493.006. CONSENT OF MUNICIPALITY. Municipal consent
to the creation of the district acts as municipal consent to the
creation of any new district created by the division of the district
under Section 8493.107.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8493.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8493.052, directors serve
staggered four-year terms.
Sec. 8493.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the commission requesting that
the commission appoint as temporary directors the five persons
named in the petition. The commission shall appoint as temporary
directors the five persons named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8493.003; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8493.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8493.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8493.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8493.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8493.103. LEVEE IMPROVEMENT DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapter 57, Water Code,
applicable to levee improvement districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8493.104. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8493.105. ROAD STANDARDS AND REQUIREMENTS. (a) A road
project must meet all applicable construction standards, zoning and
subdivision requirements, and regulations of each municipality in
whose corporate limits or extraterritorial jurisdiction the road
project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8493.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
Sec. 8493.107. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if:
(1) the district has no outstanding bonded debt; and
(2) the district is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act creating this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8493.003 to confirm the creation of the district.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8493.003.
(i) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8493.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8493.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8493.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8493.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8493.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8493.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8493.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8493.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Brazoria County Municipal Utility District
No. 68 initially includes all the territory contained in the
following area:
5,440.64 acres of land, more or less, being part of the Sam T.
Angier Survey, Abstract 7, part of the L.P. Ehrmann Survey No. 24,
Abstract 521, all of the H.T. & B.R.R. Co. Survey No. 23, Abstract
248, all of the L.P. Ehrmann Survey No. 22, Abstract 519, all of the
H.T. & B.R.R. Co. Survey No. 25, Abstract 277, part of the L.P.
Ehrmann Survey No. 18, Abstract 520, part of the Day Land and Cattle
Company Survey, Abstract 602, part of the Hooper and Wade Survey
No. 11, Abstract 433, part of the H.T. & B.R.R. Co. Survey No. 21,
Abstract 247, part of the L.P. Ehrmann Survey No. 26, Abstract 522,
part of the L.P. Ehrmann Survey No. 28, Abstract 523, all of the
L.P. Ehrmann Survey No. 30, Abstract 524 and part of the James L.
Holmes Hrs. Survey, Abstract 610, all being in Brazoria County,
Texas and being that portion of J.T. Garrett Ranch within the
aforesaid surveys lying Northwest of Austin Bayou and West of State
Highway No. 35, and being more particularly described as follows:
Beginning at an old 1-1/4 inch iron pipe set at the most west
corner of the Sam T. Angier Survey No. 7, said iron pipe having a
car axle driven inside;
THENCE N 62° 33' 40" E along the Northwest line of said Angier
Survey a distance of 6121.62 feet to a point for corner in drain
ditch from which an axle bears N 62° 33' 40" E a distance of 60.0
feet:
THENCE S 64° 32' 36" E along the southerly line of a tract
deeded to W.L. Russell a distance of 6976.69 feet to the most south
corner of said Russell tract in the southeast line of the aforesaid
S.T. Angier Survey;
THENCE N 62° 33' 40" E along the southeast line of said survey
a distance of 102.99 feet to the most westerly corner of a 43.54
acre tract heretofore deeded to Noel Adams and now owned by Van
Adams, set axle for corner;
THENCE S 66° 10' 21" E along the southerly line of said tract a
distance of 2779.15 feet to the most easterly corner of said Adams
tract in the southwest line of the Day Land and Cattle Company
Survey, Abstract 603 which is marked with a car axle;
THENCE S 27° 08' 49" E along the southwest line of said Day
Land and Cattle Company Survey a distance of 5363.78 feet to a car
axle set for the most easterly corner of the H.T. & B.R.R. Company
Survey No. 23 and the most northerly corner of the H.T. & B.R.R. Co.
Survey No. 17;
THENCE S 62° 43' 15" W along the common line between the
aforesaid surveys 17 and 23 a distance of 5632.99 feet to a car axle
at fence corner being the most southerly corner of the H.T. & B.R.R.
Co. Survey No. 23 and the most north corner of the L.P. Ehrmann
Survey No. 18;
THENCE S 27° 19' 28" E along the common line as fenced between
the H.T. & B.R.R. Co. Survey No. 17 and the L.P. Ehrmann Survey
No. 18 a distance of 4619.62 feet to a car axle set at fence corner
on the west right-of-way of State Highway No. 35;
THENCE S 40° 09' 49" W along the westerly right-of-way of
State Highway No. 35 a distance of 1789.41 feet to a concrete
right-of-way marker;
THENCE S 51° 32' 34" W -- 204.15 feet to another concrete
right-of-way marker;
THENCE S 40° 09' 49" W continuing along said westerly
right-of-way of State Highway No. 35 a distance of 1481.05 feet to
the center of Austin Bayou;
THENCE up the center of Austin Bayou with its meanders as
follows:
N 79° 14' 57" W -- 168.5 feet;
N 51° 24' 10" W - 117.01 feet;
N 71° 47' 57" W - 232.15 feet;
N 73° 22' 38" W - 129.08 feet;
N 70° 08' 27" W - 171.36 feet;
N 82° 32' 24" W - 164.92 feet;
N 70° 47' 37" W - 87.93 feet;
N 57° 19' 47" W - 137.37 feet;
N 40° 24' 28" W - 113.95 feet;
N 22° 42' 37" W - 69.26 feet;
N 11° 18' 45" W - 71.45 feet;
N 09° 27' 22" W - 104.10 feet;
N 01° 01' 10" E - 122.61 feet;
N 12° 53' 51" E - 94.0 feet;
N 18° 34' 45" E - 169.66 feet;
N 03° 04' 06" W - 73.07 feet;
N 39° 01' 42" W - 136.73 feet;
N 47° 19' 35" W - 218.02 feet;
N 31° 09' 43" W - 84.54 feet;
N 60° 53' 25" W - 287.43 feet;
N 75° 04' 25" W - 94.22 feet;
S 89° 03' 59" W - 198.33 feet;
S 75° 49' 14" W - 261.70 feet;
N 79° 00' 01" W - 52.65 feet;
N 59° 17' 22" W - 153.58 feet;
N 56° 12' 52" W - 275.24 feet;
N 66° 00' 15" W - 102.50 feet;
N 79° 08' 49" W - 244.77 feet;
N 53° 33' 45" W - 181.58 feet;
N 35° 25' 48" W - 129.04 feet;
N 60° 58' 32" W - 172.12 feet;
N 77° 39' 46" W - 108.25 feet;
N 83° 02' 29" W - 240.12 feet;
S 75° 46' 26" W - 140.24 feet to southwest line of the L.P.
Ehrmann Survey, Abstract 520, Brazoria County, Texas;
THENCE N 27° 20' 21" W - along said line as fenced a distance
of 3657.42 feet to a concrete monument at the most easterly corner
of the H.T. & B.R.R. Co. Survey, Abstract 247;
THENCE S 63° 18' 12" W along the southeast line of said survey
a distance of 968.16 feet to the center line of Austin Bayou from
which a concrete monument bears S 63° 18' 12" W - 46.0 feet;
THENCE up the center of Austin Bayou with its meanders as
follows:
N 51° 24' 06 W - 296.62 feet;
N 36° 08' 10" W - 122.46 feet;
N 65° 38' 02" W - 392.73 feet;
N 57° 55' 04" W - 294.12 feet;
N 46° 38' 08" W - 370.63 feet;
N 73° 42' 00" W - 60.0 feet;
S 67° 34' 11" W - 136.46 feet;
S 55° 57' 04" W - 235.66 feet;
S 70° 05' 11" W - 209.43 feet;
S 81° 55' 54" W - 216.80 feet;
S 66° 18' 43" W - 157.22 feet;
S 81° 55' 53" W - 175.68 feet;
S 70° 10' 43" W - 151.80 feet;
S 25° 06' 10" W - 154.03 feet;
S 72° 14' 24" W -- 37.74 feet;
S 83° 03' 41" W - 112.63 feet;
N 71° 56' 24" W - 161.70 feet;
N 60° 47' 02" W - 211.74 feet;
N 69° 23' 17" W - 129.00 feet;
N 89° 41' 37" W - 227.82 feet;
N 84° 36' 43" W - 354.10 feet;
N 78° 50' 02" W - 292.98 feet;
N 74° 29' 13" W - 277.22 feet;
N 74° 03' 54" W - 143.21 feet;
N 75° 10' 12" W - 181.07 feet;
S 87° 16' 28" W - 48.17 feet;
S 74° 19' 15" W - 139.72 feet;
N 81° 51' 33" W - 61.10 feet;
S 57° 23' 06" W - 44.60 feet;
N 73° 27' 38" W - 109.43 feet;
N 59° 03' 47" W - 263.95 feet;
N 50° 22' 21" W - 444.58 feet;
N 18° 10' 11" W - 180.20 feet;
N 07° 52' 01" W - 384.09 feet;
N 44° 23' 52" W - 153.52 feet;
N 07° 28' 28" W - 79.16 feet;
N 47° 12' 34" W - 205.70 feet;
N 19° 29' 47" W - 45.45 feet;
N 16° 36'' 47" E - 82.93 feet;
N 34° 32' 15" E - 157.31 feet;
N 01° 25' 49" W - 114.98 feet;
N 26° 57' 48" W - 175.49 feet;
N 13° 59' 54" W - 151.76 feet;
N 44° 39' 30" W - 76.95 feet;
N 37° 35' 48" W - 127.01 feet;
N 46° 20' 40" W - 48.51 feet;
N 55° 13' 20" W - 172.71 feet;
N 37° 24' 30" W - 126.42 feet;
N 30° 40' 23" W - 192.28 feet;
N 32° 47' 56" W - 59.29 feet;
N 82° 41' 23" W - 75.16 feet;
S 65° 32' 41" W - 70.58 feet;
N 70° 32' 46" W - 112.72 feet;
N 54° 38' 40" W - 117.70 feet;
N 50° 12' 34" W - 161.52 feet;
N 39° 04' 58" W - 184.65 feet;
N 62° 58' 54" W - 176.63 feet;
N 51° 56' 23" W - 225.85 feet;
N 55° 47' 02" W - 124.45 feet;
N 31° 10' 26" W - 83.56 feet;
N 76° 15' 34" W - 71.67 feet;
S 87° 24' 50" W - 148.50 feet;
S 89° 00' 30" W - 150.93 feet;
N 77° 00' 57" W - 210.11 feet;
N 67° 15' 00" W - 70.72 feet;
N 57° 46' 42" W - 210.31 feet;
N 45° 55' 40" W - 215.15 feet;
N 53° 36' 55" W - 126.07 feet;
N 76° 14' 02" W - 78.50 feet;
S 83° 31' 45" W - 105.45 feet;
S 73° 54' 27" W - 231.36" feet to the east line of the H.T. &
B.R.R. Co. Survey No. 27, Abstract 249;
THENCE N 00° 05' 00" E along said line at 40.0 feet set car
axle for reference corner and continue for a total distance of
878.47 feet to a concrete monument set for the most north corner of
said survey and being an interior corner of L.P. Ehrmann Survey
No. 28, Abstract 523, Brazoria County, Texas;
THENCE S 88° 39' 26" W along the north line of said survey
No. 27 as fenced a distance of 2631.36 feet to a concrete monument
for northwest corner of said survey and being the lower southwest
corner of the L.P. Ehrmann Survey No. 30;
THENCE N 00° 21' 18" W along the east line of the S.F. Austin
Survey, Abstract 24 as fenced a distance of 853.96 feet to a car
axle set at fence corner for the northeast corner of said S.F.
Austin Survey and being an interior corner of the L.P. Ehrmann
Survey No. 30;
THENCE S 89° 50' 43" W along the north line of said Austin
Survey and the south line of said survey No. 30 a distance of 2737.7
feet to an axle set by old cross tie on old fence line for the
recognized southwest corner of the L.P. Ehrmann Survey No. 30;
THENCE N 00° 01' 45" W along the west line of said survey
No. 30 a distance of 4531.01 feet to a car axle set by old cross tie
for the northwest corner of said survey No. 30;
THENCE S 89° 37' 09" E along the north line of said Survey
No. 30 at 2786.26 feet pass an old iron pipe set for the southeast
corner of the H.T. & B.R.R. Co. Survey No. 31 and continue for a
total distance of 5003.04 feet to a car axle set for the most west
corner of the James L. Holmes Hrs. Survey, Abstract 610 which is
also the northeast corner of the L.P. Ehrmann Survey No. 28;
THENCE S 87° 04' 59" E - 4088.56 feet to the PLACE OF BEGINNING
and containing 5440.64 acres of land, more or less.
SECTION 3. (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 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8493, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8493.108 to read as follows:
Sec. 8493.108. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. 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, 2015.
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