Texas 2015 - 84th Regular

Texas House Bill HB4214 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R22184 SLB-F
2	2	By: Isaac H.B. No. 4214
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the Legacy Municipal Utility District
7	7	No. 1; granting a limited power of eminent domain; providing
8	8	authority to issue bonds; providing authority to impose
9	9	assessments, fees, and 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 7957 to read as follows:
13	13	CHAPTER 7957. LEGACY MUNICIPAL UTILITY DISTRICT NO. 1
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 7957.001. 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 Legacy Municipal Utility
21	21	District No. 1.
22	22	Sec. 7957.002. 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. 7957.003. 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. 7957.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section 7957.003
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. 7957.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
36	36	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. 7957.006. 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. 7957.051. 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 7957.052, directors serve
61	61	staggered four-year terms.
62	62	Sec. 7957.052. 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 7957.003; 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 7957.003 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 7957.003; 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. 7957.101. 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. 7957.102. 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. 7957.103. AUTHORITY FOR ROAD PROJECTS. Under Section
100	100	52, Article III, Texas Constitution, the district may design,
101	101	acquire, construct, finance, issue bonds for, improve, operate,
102	102	maintain, and convey to this state, a county, or a municipality for
103	103	operation and maintenance macadamized, graveled, or paved roads, or
104	104	improvements, including storm drainage, in aid of those roads.
105	105	Sec. 7957.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
106	106	project must meet all applicable construction standards, zoning and
107	107	subdivision requirements, and regulations of each municipality in
108	108	whose corporate limits or extraterritorial jurisdiction the road
109	109	project is located.
110	110	(b) If a road project is not located in the corporate limits
111	111	or extraterritorial jurisdiction of a municipality, the road
112	112	project must meet all applicable construction standards,
113	113	subdivision requirements, and regulations of each county in which
114	114	the road project is located.
115	115	(c) If the state will maintain and operate the road, the
116	116	Texas Transportation Commission must approve the plans and
117	117	specifications of the road project.
118	118	Sec. 7957.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
119	119	OR RESOLUTION. The district shall comply with all applicable
120	120	requirements of any ordinance or resolution that is adopted under
121	121	Section 54.016 or 54.0165, Water Code, and that consents to the
122	122	creation of the district or to the inclusion of land in the
123	123	district.
124	124	Sec. 7957.106. DIVISION OF DISTRICT. (a) The district may
125	125	be divided into two or more districts only if:
126	126	(1) the district has no outstanding bonded debt;
127	127	(2) the district is not imposing ad valorem taxes; and
128	128	(3) the requirements of Subsection (i), as applicable,
129	129	are satisfied.
130	130	(b) This chapter applies to any new district created by the
131	131	division of the district, and a new district has all the powers and
132	132	duties of the district.
133	133	(c) A new district created by the division of the district
134	134	may not, at the time the new district is created, contain any land
135	135	outside the area described by Section 2 of the Act creating this
136	136	chapter.
137	137	(d) The board, on its own motion or on receipt of a petition
138	138	signed by the owner or owners of a majority of the assessed value of
139	139	the real property in the district, may adopt an order dividing the
140	140	district.
141	141	(e) The board may adopt an order dividing the district
142	142	before or after the date the board holds an election under Section
143	143	7957.003 to confirm the district's creation.
144	144	(f) An order dividing the district shall:
145	145	(1) name the new district;
146	146	(2) include the metes and bounds of each new district;
147	147	(3) appoint temporary directors for each new district;
148	148	and
149	149	(4) provide for the division of assets and liabilities
150	150	between the district and each new district.
151	151	(g) On or before the 30th day after the date of adoption of
152	152	an order dividing the district, the district shall file the order
153	153	with the Texas Commission on Environmental Quality and record the
154	154	order in the real property records of each county in which the
155	155	district is located.
156	156	(h) A new district created by the division of the district
157	157	shall hold a confirmation and directors' election as required by
158	158	Section 7957.003.
159	159	(i) If the district is located wholly or partly in the
160	160	corporate limits or the extraterritorial jurisdiction of a
161	161	municipality, the district may not divide under this section unless
162	162	the municipality by resolution or ordinance consents to the
163	163	division of the district. If the district is not located wholly or
164	164	partly in the corporate limits or extraterritorial jurisdiction of
165	165	a municipality, the district may not divide under this section
166	166	unless the commissioners court of each county in which the district
167	167	is wholly or partly located first adopts a resolution or order in
168	168	support of the division of the district.
169	169	(j) Any new district created by the division of the district
170	170	must hold an election as required by this chapter to obtain voter
171	171	approval before the district may impose a maintenance tax or issue
172	172	bonds payable wholly or partly from ad valorem taxes.
173	173	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
174	174	Sec. 7957.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
175	175	district may issue, without an election, bonds and other
176	176	obligations secured by:
177	177	(1) revenue other than ad valorem taxes; or
178	178	(2) contract payments described by Section 7957.153.
179	179	(b) The district must hold an election in the manner
180	180	provided by Chapters 49 and 54, Water Code, to obtain voter approval
181	181	before the district may impose an ad valorem tax or issue bonds
182	182	payable from ad valorem taxes.
183	183	(c) The district may not issue bonds payable from ad valorem
184	184	taxes to finance a road project unless the issuance is approved by a
185	185	vote of a two-thirds majority of the district voters voting at an
186	186	election held for that purpose.
187	187	Sec. 7957.152. OPERATION AND MAINTENANCE TAX. (a) If
188	188	authorized at an election held under Section 7957.151, the district
189	189	may impose an operation and maintenance tax on taxable property in
190	190	the district in accordance with Section 49.107, Water Code.
191	191	(b) The board shall determine the tax rate. The rate may not
192	192	exceed the rate approved at the election.
193	193	Sec. 7957.153. CONTRACT TAXES. (a) In accordance with
194	194	Section 49.108, Water Code, the district may impose a tax other than
195	195	an operation and maintenance tax and use the revenue derived from
196	196	the tax to make payments under a contract after the provisions of
197	197	the contract have been approved by a majority of the district voters
198	198	voting at an election held for that purpose.
199	199	(b) A contract approved by the district voters may contain a
200	200	provision stating that the contract may be modified or amended by
201	201	the board without further voter approval.
202	202	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
203	203	Sec. 7957.201. AUTHORITY TO ISSUE BONDS AND OTHER
204	204	OBLIGATIONS. The district may issue bonds or other obligations
205	205	payable wholly or partly from ad valorem taxes, impact fees,
206	206	revenue, contract payments, grants, or other district money, or any
207	207	combination of those sources, to pay for any authorized district
208	208	purpose.
209	209	Sec. 7957.202. TAXES FOR BONDS. At the time the district
210	210	issues bonds payable wholly or partly from ad valorem taxes, the
211	211	board shall provide for the annual imposition of a continuing
212	212	direct ad valorem tax, without limit as to rate or amount, while all
213	213	or part of the bonds are outstanding as required and in the manner
214	214	provided by Sections 54.601 and 54.602, Water Code.
215	215	Sec. 7957.203. BONDS FOR ROAD PROJECTS. At the time of
216	216	issuance, the total principal amount of bonds or other obligations
217	217	issued or incurred to finance road projects and payable from ad
218	218	valorem taxes may not exceed one-fourth of the assessed value of the
219	219	real property in the district.
220	220	SECTION 2. The Legacy Municipal Utility District No. 1
221	221	initially includes all the territory contained in the following
222	222	area:
223	223	Being 781.23 acres out of the S.D. Gervais League, No. Eight
224	224	(8), Hays County, Texas, described as follows, to-wit:
225	225	BEGINNING at a nail in fence corner post in the North line of
226	226	FM Road 967 as described in deed from E.R.L. Wroe to The State of
227	227	Texas recorded in Volume 163, Page 536 of the Deed of Records of
228	228	Hays County, Texas, said point being the relocated Southwest corner
229	229	of that certain 1200 acre tract conveyed to E.R.L. Wroe be deed
230	230	recorded in Volume 139, Page 602 of the Deed of Records of Hays
231	231	County, Texas, for the southwest corner of the tract herein
232	232	described and being the Southeast corner of the P.R. Rutherford
233	233	Greenhaw tract, from which the original Southwest corner of the
234	234	said Wroe 1200 acre tract bears S 0 deg. 40'W. 114 ft., more or less;
235	235	THENCE with the fence along the West line of the said Wroe
236	236	tract and East line of the said Rutherford tract, being also the
237	237	West line of said S.D. Gervais League and the East line of the Thos.
238	238	F. Gray League, N 0 deg. 40'E a distance of 4869.91 ft. to a fence
239	239	corner post at the occupied Northwest corner of the Wroe tract, for
240	240	the Northwest corner of this tract;
241	241	THENCE with the fence along occupied North line of the said
242	242	Wroe 1200 acre tract with the courses and distances as follows: S 89
243	243	deg. 30'E. 267.84 ft., N 87 deg. 56'E. 128.56 ft., S 89 deg. 45'E
244	244	442.77 ft., N 89 deg. 17'E. 135.15 ft., S 89 deg. 51'E 954.73 ft., S
245	245	89 deg. 36'E 1299.82 ft., N 89 deg. 35'E 1099.83 ft., S 89 deg. 55'E
246	246	2482.80 ft., for the Northeast corner of the tract;
247	247	THENCE with the East line of this tract, over and across said
248	248	Wroe tract, DUE South 4981.60 feet to an iron stake set for the
249	249	Southeast corner of this tract;
250	250	THENCE with the fence along the North right-of-way line of FM
251	251	967 and the relocated South line of the said Wroe tract, S 89 deg,
252	252	56'W. 1003.37 ft., N 89 deg. 47'W. 5321.17 ft. to a concrete
253	253	right-of-way monument at point of curve to the right, the radius of
254	254	which is 1585.35 ft., for an angle point in this tract;
255	255	THENCE with the fence along the curving North line of the said
256	256	road to the right, an arc distance of 555.46 ft., the cord of which
257	257	bears N 79 deg. 45'W 552.61 ft. to the Place of Beginning,
258	258	containing 781.23 acres of land, more or less.
259	259	SECTION 3. (a) The legal notice of the intention to
260	260	introduce this Act, setting forth the general substance of this
261	261	Act, has been published as provided by law, and the notice and a
262	262	copy of this Act have been furnished to all persons, agencies,
263	263	officials, or entities to which they are required to be furnished
264	264	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
265	265	Government Code.
266	266	(b) The governor, one of the required recipients, has
267	267	submitted the notice and Act to the Texas Commission on
268	268	Environmental Quality.
269	269	(c) The Texas Commission on Environmental Quality has filed
270	270	its recommendations relating to this Act with the governor, the
271	271	lieutenant governor, and the speaker of the house of
272	272	representatives within the required time.
273	273	(d) All requirements of the constitution and laws of this
274	274	state and the rules and procedures of the legislature with respect
275	275	to the notice, introduction, and passage of this Act are fulfilled
276	276	and accomplished.
277	277	SECTION 4. (a) If this Act does not receive a two-thirds
278	278	vote of all the members elected to each house, Subchapter C, Chapter
279	279	7957, Special District Local Laws Code, as added by Section 1 of
280	280	this Act, is amended by adding Section 7957.107 to read as follows:
281	281	Sec. 7957.107. NO EMINENT DOMAIN POWER. The district may
282	282	not exercise the power of eminent domain.
283	283	(b) This section is not intended to be an expression of a
284	284	legislative interpretation of the requirements of Section 17(c),
285	285	Article I, Texas Constitution.
286	286	SECTION 5. This Act takes effect immediately if it receives
287	287	a vote of two-thirds of all the members elected to each house, as
288	288	provided by Section 39, Article III, Texas Constitution. If this
289	289	Act does not receive the vote necessary for immediate effect, this
290	290	Act takes effect September 1, 2015.