Texas 2017 - 85th Regular

Texas House Bill HB3219 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R26361 DMS-F
2	2	By: Biedermann, Kuempel H.B. No. 3219
3	3	Substitute the following for H.B. No. 3219:
4	4	By: Lang C.S.H.B. No. 3219
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	relating to the powers and duties of the Meyer Ranch Municipal
9	9	Utility District of Comal County; affecting an existing limited
10	10	power of eminent domain; providing authority to issue bonds;
11	11	providing authority to impose fees and taxes.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle F, Title 6, Special District Local Laws
14	14	Code, is amended by adding Chapter 7989 to read as follows:
15	15	CHAPTER 7989. MEYER RANCH MUNICIPAL UTILITY DISTRICT OF COMAL
16	16	COUNTY
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 7989.001. DEFINITION. In this chapter, "district"
19	19	means the Meyer Ranch Municipal Utility District of Comal County.
20	20	Sec. 7989.002. NATURE OF DISTRICT. The district is a
21	21	municipal utility district created under Section 59, Article XVI,
22	22	Texas Constitution.
23	23	Sec. 7989.003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
24	24	The district is created to serve a public purpose and benefit.
25	25	(b) The district is created to accomplish the purposes of:
26	26	(1) a municipal utility district as provided by
27	27	general law and Section 59, Article XVI, Texas Constitution; and
28	28	(2) Section 52, Article III, Texas Constitution, that
29	29	relate to the construction, acquisition, improvement, operation,
30	30	or maintenance of macadamized, graveled, or paved roads, or
31	31	improvements, including storm drainage, in aid of those roads.
32	32	SUBCHAPTER B. POWERS AND DUTIES
33	33	Sec. 7989.051. GENERAL POWERS AND DUTIES. The district has
34	34	the powers and duties necessary to accomplish the purposes for
35	35	which the district is created.
36	36	Sec. 7989.052. MUNICIPAL UTILITY DISTRICT POWERS AND
37	37	DUTIES. The district has the powers and duties provided by the
38	38	general law of this state, including Chapters 49 and 54, Water Code,
39	39	applicable to municipal utility districts created under Section 59,
40	40	Article XVI, Texas Constitution.
41	41	Sec. 7989.053. AUTHORITY FOR ROAD PROJECTS. Under Section
42	42	52, Article III, Texas Constitution, the district may design,
43	43	acquire, construct, finance, issue bonds for, improve, operate,
44	44	maintain, and convey to this state, a county, or a municipality for
45	45	operation and maintenance macadamized, graveled, or paved roads, or
46	46	improvements, including storm drainage, in aid of those roads.
47	47	Sec. 7989.054. ROAD STANDARDS AND REQUIREMENTS. (a) A road
48	48	project must meet all applicable construction standards, zoning and
49	49	subdivision requirements, and regulations of each municipality in
50	50	whose corporate limits or extraterritorial jurisdiction the road
51	51	project is located.
52	52	(b) If a road project is not located in the corporate limits
53	53	or extraterritorial jurisdiction of a municipality, the road
54	54	project must meet all applicable construction standards,
55	55	subdivision requirements, and regulations of each county in which
56	56	the road project is located.
57	57	(c) If the state will maintain and operate the road, the
58	58	Texas Transportation Commission must approve the plans and
59	59	specifications of the road project.
60	60	Sec. 7989.055. LIMITATION ON USE OF EMINENT DOMAIN. (a) The
61	61	district may not exercise the power of eminent domain outside the
62	62	boundaries of the district for any purpose unless the proposed
63	63	exercise is approved by a written resolution of the commissioners
64	64	court of each county in which the district is located.
65	65	(b) The district may not exercise the power of eminent
66	66	domain before the entire board of directors is composed of
67	67	directors elected by the residents of the district.
68	68	Sec. 7989.056. COMPLIANCE WITH MARCH 2016 AGREEMENT. On
69	69	the date the district becomes a permittee under Texas Pollutant
70	70	Discharge Elimination System Permit No. WQ0015314001, the district
71	71	shall exercise any power necessary to comply with all applicable
72	72	terms of the "Settlement Agreement" of March 29, 2016, between
73	73	Randolph Todd Company, LLC and:
74	74	(1) Patricia and Troy Brand;
75	75	(2) Ellen McClellan;
76	76	(3) Edward Harris;
77	77	(4) Phyllis Yvonne Ritter;
78	78	(5) Carole Farmer;
79	79	(6) Nelda and Ronald Davis;
80	80	(7) Susan Dooley Logue;
81	81	(8) Randall and Nancy Pappas;
82	82	(9) Daniel and Michele Laroe;
83	83	(10) Elizabeth Martin;
84	84	(11) Ted Martin;
85	85	(12) Taylor Martin;
86	86	(13) Hector X. Amaya;
87	87	(14) Sabrina Houser-Amaya;
88	88	(15) Franklin Houser; and
89	89	(16) Bonnie Houser.
90	90	SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
91	91	Sec. 7989.101. AUTHORITY TO ISSUE BONDS AND OTHER
92	92	OBLIGATIONS. (a) The district may issue bonds or other obligations
93	93	payable wholly or partly from ad valorem taxes, impact fees,
94	94	revenue, contract payments, grants, or other district money, or any
95	95	combination of those sources, to pay for a road project authorized
96	96	by Section 7989.053.
97	97	(b) The district may not issue bonds payable from ad valorem
98	98	taxes to finance a road project unless the issuance is approved by a
99	99	vote of a two-thirds majority of the district voters voting at an
100	100	election held for that purpose.
101	101	Sec. 7989.102. TAXES FOR BONDS. At the time the district
102	102	issues bonds payable wholly or partly from ad valorem taxes, the
103	103	board shall provide for the annual imposition of a continuing
104	104	direct ad valorem tax, without limit as to rate or amount, while all
105	105	or part of the bonds are outstanding as required and in the manner
106	106	provided by Sections 54.601 and 54.602, Water Code.
107	107	Sec. 7989.103. BONDS FOR ROAD PROJECTS. At the time of
108	108	issuance, the total principal amount of bonds or other obligations
109	109	issued or incurred to finance road projects and payable from ad
110	110	valorem taxes may not exceed one-fourth of the assessed value of the
111	111	real property in the district.
112	112	SECTION 2. (a) The legal notice of the intention to
113	113	introduce this Act, setting forth the general substance of this
114	114	Act, has been published as provided by law, and the notice and a
115	115	copy of this Act have been furnished to all persons, agencies,
116	116	officials, or entities to which they are required to be furnished
117	117	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
118	118	Government Code.
119	119	(b) The governor, one of the required recipients, has
120	120	submitted the notice and Act to the Texas Commission on
121	121	Environmental Quality.
122	122	(c) The Texas Commission on Environmental Quality has filed
123	123	its recommendations relating to this Act with the governor, the
124	124	lieutenant governor, and the speaker of the house of
125	125	representatives within the required time.
126	126	(d) All requirements of the constitution and laws of this
127	127	state and the rules and procedures of the legislature with respect
128	128	to the notice, introduction, and passage of this Act are fulfilled
129	129	and accomplished.
130	130	SECTION 3. This Act takes effect immediately if it receives
131	131	a vote of two-thirds of all the members elected to each house, as
132	132	provided by Section 39, Article III, Texas Constitution. If this
133	133	Act does not receive the vote necessary for immediate effect, this
134	134	Act takes effect September 1, 2017.