Texas 2017 - 85th Regular

Texas House Bill HB4311 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4311
	1	+	By: Isaac (Senate Sponsor - Zaffirini) H.B. No. 4311
	2	+	(In the Senate - Received from the House May 19, 2017;
	3	+	May 19, 2017, read first time and referred to Committee on
	4	+	Administration; May 23, 2017, reported favorably by the following
	5	+	vote: Yeas 7, Nays 0; May 23, 2017, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the temporary board of and financing of certain
6	12		facilities and improvements by the LaSalle Municipal Utility
7	13		District No. 2; providing authority to impose an assessment.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Sections 8473.052(a) and (b), Special District
10	16		Local Laws Code, are amended to read as follows:
11	17		(a) The temporary board consists of:
12	18		(1) Kevin Bales;
13	19		(2) Tol S. Higginbotham IV;
14	20		(3) Mark Baldwin;
15	21		(4) Brannin Prideaux; and
16	22		(5) Chris Synan [On or after the effective date of the
17	23		Act enacting this chapter, the owner or owners of a majority of the
18	24		assessed value of the real property in the district may submit a
19	25		petition to the commission requesting that the commission appoint
20	26		as temporary directors the five persons named in the petition. The
21	27		commission shall appoint as temporary directors the five persons
22	28		named in the petition].
23	29		(b) Temporary directors serve until the earlier of:
24	30		(1) the date permanent directors are elected under
25	31		Section 8473.003; or
26	32		(2) the fourth anniversary of the effective date of
27	33		their designation [the Act enacting this chapter].
28	34		SECTION 2. Chapter 8473, Special District Local Laws Code,
29	35		is amended by adding Subchapter F to read as follows:
30	36		SUBCHAPTER F. ASSESSMENTS; APPLICABILITY OF ASSESSMENTS
31	37		Sec. 8473.251. PETITION REQUIRED FOR FINANCING
32	38		IMPROVEMENTS AND RECREATIONAL FACILITIES WITH ASSESSMENTS. (a)
33	39		Except as provided by this subchapter, the board may finance the
34	40		construction or maintenance of a recreational facility or
35	41		improvement with assessments on property under this subchapter only
36	42		if:
37	43		(1) a written petition requesting that facility or
38	44		improvement has been filed with the board; and
39	45		(2) the board holds a hearing on the proposed
40	46		assessments.
41	47		(b) The petition must be signed by the owners of a majority
42	48		of the assessed value of real property in the district subject to
43	49		assessment according to the most recent certified tax appraisal
44	50		roll for the county.
45	51		Sec. 8473.252. MISCELLANEOUS DESIGN, CONSTRUCTION, AND
46	52		MAINTENANCE. An improvement or recreational facility project may
47	53		include the planning, design, construction, improvement, and
48	54		maintenance of:
49	55		(1) landscaping;
50	56		(2) marinas and bridges;
51	57		(3) lighting, banners, and signs;
52	58		(4) hiking and cycling paths or trails;
53	59		(5) sidewalks, pedestrian walkways, skywalks,
54	60		crosswalks, or tunnels;
55	61		(6) ponds, lakes, recreational facilities, or scenic
56	62		areas;
57	63		(7) plazas or pedestrian malls;
58	64		(8) drainage or navigation improvements; or
59	65		(9) solid waste, water, sewer, or power facilities,
60	66		including electrical and gas power facilities.
61	67		Sec. 8473.253. METHOD OF NOTICE FOR HEARING. The district
62	68		shall mail notice of the hearing to each property owner in the
63	69		district who will be subject to the assessment at the current
64	70		address to be assessed as reflected on the tax rolls. The district
65	71		may mail the notice by certified or first class United States mail.
66	72		The board shall determine the method of notice.
67	73		Sec. 8473.254. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) An
68	74		assessment or a reassessment imposed under this subchapter by the
69	75		district, penalties and interest on an assessment or reassessment,
70	76		an expense of collection, and reasonable attorney's fees incurred
71	77		by the district:
72	78		(1) are a first and prior lien against the property
73	79		assessed;
74	80		(2) are superior to any other lien or claim other than
75	81		a lien or claim for county, school district, or municipal ad valorem
76	82		taxes; and
77	83		(3) are the personal liability of and a charge against
78	84		the owners of the property even if the owners are not named in the
79	85		assessment proceedings.
80	86		(b) The lien is effective from the date of the board's
81	87		resolution imposing the assessment until the date the assessment is
82	88		paid. The board may enforce the lien in the same manner that the
83	89		board may enforce an ad valorem tax lien against real property.
84	90		(c) The board may make a correction to or deletion from the
85	91		assessment roll that does not increase the amount of assessment of
86	92		any parcel of land without providing notice and holding a hearing in
87	93		the manner required for additional assessments.
88	94		Sec. 8473.255. UTILITY PROPERTY EXEMPT FROM ASSESSMENTS.
89	95		The district may not impose an assessment on the property,
90	96		including the equipment, rights-of-way, facilities, or
91	97		improvements, of:
92	98		(1) an electric utility or a power generation company
93	99		as defined by Section 31.002, Utilities Code;
94	100		(2) a gas utility as defined by Section 101.003 or
95	101		121.001, Utilities Code;
96	102		(3) a telecommunications provider as defined by
97	103		Section 51.002, Utilities Code; or
98	104		(4) a person who provides to the public cable
99	105		television or advanced telecommunications services.
100	106		SECTION 3. Section 2, Chapter 626, Acts of the 83rd
101	107		Legislature, Regular Session, 2013, is amended to read as follows:
102	108		Sec. 2. The LaSalle Municipal Utility District No. 2
103	109		initially includes all the territory contained in the following
104	110		area:
105	111		BEING TWO PARTS TOTALLING 389.6 ACRES: PART 1, A 206.1-ACRE
106	112		[8,978,157 SQUARE FEET] TRACT OF LAND AND PART 2, A 183.5-ACRE
107	113		[7,994,178 SQUARE FEET] TRACT OF LAND OUT OF THE WILLIAM HEMPHILL
108	114		SURVEY, ABSTRACT NUMBER 221, HAYS COUNTY, TEXAS, SAID 206.1-ACRE
109	115		TRACT AND SAID 183.5-ACRE TRACT BEING PORTIONS OF SAID 765.035-ACRE
110	116		TRACT, SAID 206.1-ACRE TRACT AND SAID 183.5-ACRE TRACT BEING MORE
111	117		PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
112	118		PART 1:
113	119		BEGINNING at a 1/2-inch iron rod found in the apparent west
114	120		right-of-way line of County Road 158 (no record information found)
115	121		for the southeast corner of the northerly portion of said
116	122		765.035-acre tract and southeast corner of the tract described
117	123		herein;
118	124		THENCE with said apparent west right-of-way line of County
119	125		Road 158, same being the southeast line of said northerly portion of
120	126		the 765.035-acre tract, the following three (3) courses and
121	127		distances:
122	128		1) S42°49'29"W, a distance of 1,989.07 feet to a 1/2-inch
123	129		iron rod with cap marked "BYRN" found for an angle point,
124	130		2) S42°48'42"W, a distance of 365.86 feet to a 1/2-inch iron
125	131		rod with cap marked "BYRN" found for an angle point, and
126	132		3) S42°49'22"W, a distance of 1,989.07 feet to an angle point
127	133		for the south corner of the tract described herein;
128	134		THENCE leaving said apparent west right-of-way line of County
129	135		Road 158 and said southeast line of the northerly portion of the
130	136		765.035-acre tract, crossing said northerly portion of the
131	137		765.035-acre tract, the following eight (8) courses and distances:
132	138		1) N45°37'13"W, a distance of 1,831.04 feet to the west
133	139		corner of the tract described herein,
134	140		2) N22°07'52"E, a distance of 804.54 feet to a point of
135	141		curvature of a tangent circular curve to the left,
136	142		3) with the arc of said curve to the left a distance of
137	143		314.79 feet, said curve having a radius of 1000.00, a central angle
138	144		of 18°02'10" and a chord bearing N13°06'47"E, a distance of 313.49
139	145		feet to a point of tangency,
140	146		4) N06°46'34"E, a distance 123.00 feet to a point of
141	147		curvature of a tangent circular curve to the right;
142	148		5) with the arc of said curve to the right a distance of
143	149		1,807.51 feet, said curve having a radius of 1,738.00, a central
144	150		angle of 59°35'14" and a chord bearing N36°34'11"E, a distance of
145	151		1,727.15 feet to a point of tangency,
146	152		6) N67°06'07"E, a distance of 20.00 feet to a point of
147	153		curvature of a tangent circular curve to the left,
148	154		7) with the arc of said curve to the left a distance of
149	155		372.28 feet, said curve having a radius of 1,000.00, a central angle
150	156		of 21°19'49" and a chord bearing N56°26'13"E, a distance of 370.14
151	157		feet to a point of tangency, and
152	158		8) N43°33'39"E, a distance of 551.53 feet to a point in said
153	159		apparent west right-of-way line of County Road 158, same being the
154	160		northeast line of said northerly portion of the 765.035-acre tract;
155	161		THENCE with said apparent west right-of-way line of County
156	162		Road 158 and said northeast line of the northerly portion of the
157	163		765.035-acre tract, the following four (4) courses and distances:
158	164		1) S46°10'38"E, a distance of 1,429.22 feet to a 1/2-inch
159	165		iron rod found for an angle point,
160	166		2) S28°54'35"E, a distance of 181.07 feet to a 1/2-inch iron
161	167		rod found for an angle point,
162	168		3) S46°09'48"E, a distance of 787.55 feet to a 1/2-inch iron
163	169		rod found for an angle point, and
164	170		4) S01°21'32"E, a distance of 56.98 feet to said POINT OF
165	171		BEGINNING of PART 1, and containing 206.1 acres [8,978,157 square
166	172		feet].
167	173		PART 2:
168	174		BEGINNING at a 1/2-inch iron rod with cap marked "BYRN" found
169	175		in the apparent east right-of-way line of said County Road 158 for
170	176		the northwest corner of the southerly portion of said 765.035-acre
171	177		tract, same being the west corner of that called 1.00-acre tract
172	178		described to Drue B. Ewald and wife, Alice H. Ewald, as recorded in
173	179		Volume 269, Page 202 of the Hays County Deed Records [H.C.D.R.], and
174	180		the northwest corner of the tract described herein, and from which
175	181		said 1/2-iron rod found for the point of beginning of Part 1 bears
176	182		N47°10'31"W, a distance of 47.12 feet and N42°49'29"E, a distance of
177	183		134.89 feet;
178	184		THENCE with the southwest line of said 1.00-acre tract, same
179	185		being the north line of said southerly portion of the 765.035-acre
180	186		tract, S45°26'51"E, a distance of 221.84 feet to a 1/2-inch iron rod
181	187		found for an angle point;
182	188		THENCE with the southeast line of said 1.00-acre tract,
183	189		continuing with the north line of said southerly portion of the
184	190		765.035-acre tract, N43°57'39"E, a distance of 198.71 feet to a
185	191		1/2-inch iron rod found in the east line of said 765.035-acre tract,
186	192		same being the southwest line of that called 140.6-acre tract
187	193		described in Special Warranty Deed to Cynthia G. Meyer, as recorded
188	194		in Volume 1769, Page 435, O.P.R.H.C.T., said 140.6-acre tract being
189	195		further described in Volume 205, Page 109, H.C.D.R.;
190	196		THENCE with said east line of the 765.035-acre tract and said
191	197		southwest line of the 140.6-acre tract, S46°43'06"E, a distance of
192	198		2,436.01 feet to the east corner of the tract described herein;
193	199		THENCE leaving said east line of the 765.035-acre tract and
194	200		said southwest line of the 140.6-acre tract, crossing said
195	201		765.035-acre tract, the following ten (10) courses and distances:
196	202		1) S43°22'06"W, a distance of 190.43 feet to a point of
197	203		curvature of a tangent circular curve to the left,
198	204		2) with the arc of said curve to the left a distance of
199	205		793.02 feet, said curve having a radius of 632.00, a central angle
200	206		of 71°53'37" and a chord bearing S10°26'48"W, a distance of 742.01
201	207		feet to a point of tangency,
202	208		3) S24°53'03"E, a distance of 156.83 feet to a point of
203	209		curvature of a tangent circular curve to the right,
204	210		4) with the arc of said curve to the right a distance of
205	211		595.11 feet, said curve having a radius of 512.00, a central angle
206	212		of 66°35'45" and a chord bearing S10°17'36"W, a distance of 562.17
207	213		feet to a point of tangency,
208	214		5) S43°35'28"W, a distance of 248.47 feet to an angle point
209	215		for the southeast corner of the tract described herein,
210	216		6) N46°24'32"W a distance of 792.11' to a point of curvature
211	217		of a tangent circular curve to the left,
212	218		7) with the arc of said curve to the left a distance of
213	219		2,394.53 feet, said curve having a radius of 1,654.00 feet, a
214	220		central angle of 82°56'54" and a chord bearing S86°50'23"W, a
215	221		distance of 2,190.83 feet to a point of tangency,
216	222		8) S44°18'44"W, a distance of 586.71' to an angle point for
217	223		the southwest corner of the tract described herein,
218	224		9) N46°24'34"W, a distance of 233.22 feet to an angle point,
219	225		and
220	226		10) N45°40'51"W, a distance of 942.00' feet to a point in
221	227		said apparent east right-of-way line of County Road 158, same being
222	228		the north line of said southerly portion of the 765.035-acre tract,
223	229		for the west corner of the tract described herein;
224	230		THENCE with said apparent east right-of-way line of County
225	231		Road 158 and said north line of the southerly portion of the
226	232		765.035-acre tract, the following three (3) courses and distances:
227	233		1) N42°52'47"E, a distance of 517.38 feet to a 1/2-inch iron
228	234		rod with cap marked "BYRN" found for an angle point;
229	235		2) N42°49'25"E, a distance of 1,527.56 feet to an angle
230	236		point, and
231	237		3) N43°05'04"E, a distance of 1505.23 feet to the POINT OF
232	238		BEGINNING of PART 2, and containing 183.5 acres [7,994,178 square
233	239		feet].
234	240		[FIELD NOTE DESCRIPTION OF 305.41 ACRES OF LAND OUT OF THE WILLIAM
235	241		HEMPHILL SURVEY ABSTRACT No. 221 IN HAYS COUNTY, TEXAS, BEING A
236	242		PORTION OF THAT CERTAIN (765.035 ACRE) TRACT OF LAND AS CONVEYED TO
237	243		LASALLE HOLDINGS, LTD. BY SPECIAL WARRANTY DEED RECORDED IN VOLUME
238	244		2909 PAGE 684 OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS,
239	245		AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
240	246		FOLLOWS:
241	247		[BEGINNING at a 1/2" iron rod found in the Southwest line of Hays
242	248		County Road No. 158 and for an angle corner in the Northeast line of
243	249		that certain (765.035 acre) tract of land as conveyed to LaSalle
244	250		Holdings, Ltd. by Special Warranty Deed recorded in Volume 2909
245	251		Page 684 of the Official Public Records of Hays County, Texas, and
246	252		being the most Northerly corner and PLACE OF BEGINNING of the herein
247	253		described tract of land, and from which a capped iron rod found
248	254		(marked "Byrn") for an angle corner in the Northeast line of said
249	255		LaSalle Holdings (765.035 acre) tract bears N 44 deg. 12' 41" E 9.20
250	256		ft.;
251	257		[THENCE with the Southwest line of Hays County Road No. 158 and with
252	258		the Northeast line of said LaSalle Holdings (765.035 acre) tract,
253	259		the following four (4) courses;
254	260		[1) S 45 deg. 36' 48" E 2564.23 ft. to a 1/2" iron rod found;
255	261		[2) S 28 deg. 19' 21" E 180.67 ft. to a 1/2" iron rod found;
256	262		[3) S 45 deg. 36' 07" E 787.93 ft. to a 1/2" iron rod found;
257	263		[4) S 00 deg. 52' 46" E 57.01 ft. to a 1/2" iron rod found for
258	264		an Easterly angle corner of said
259	265		[LaSalle Holdings (765.035 acre) tract and being an
260	266		Easterly angle corner of this tract;
261	267		[THENCE with the Northwest line of Hays County Road No. 158 and with
262	268		the Southeast line of said LaSalle Holdings (765.035 acre) tract,
263	269		the following two (2) courses;
264	270		[1) S 43 deg. 23' 26" W 2355.38 ft. to a 1/2" iron rod found;
265	271		[2) S 43 deg. 23' 01" W 1294.66 ft. to a point for the most
266	272		Southerly corner of this tract and from which a 1/2" iron rod found
267	273		in the Northwest line of Hays County Road No. 158 and in the
268	274		Southeast line of said LaSalle Holdings (765.035 acre) tract bears
269	275		S 43 deg. 23' 01" W 302.20 ft.;
270	276		[THENCE leaving the Northwest line of Hays County Road No. 158 and
271	277		crossing the interior of said LaSalle Holdings (765.035 acre) tract
272	278		with the Southwest line of this tract, N 45 deg. 39' 03" W 3568.62
273	279		ft. to a point in a Northwesterly line of said LaSalle Holdings
274	280		(765.035 acre) tract for the most Westerly Northwest corner of this
275	281		tract;
276	282		[THENCE with a Northwesterly line of said LaSalle Holdings (765.035
277	283		acre) tract, N 43 deg. 28' 18" E 700.00 ft. to a capped iron rod
278	284		found (marked "Byrn") for an angle corner of said LaSalle Holdings
279	285		(765.035 acre) tract and being an angle corner of this tract, and
280	286		from which a 1" iron pipe found for an angle corner in a
281	287		Southwesterly line of said LaSalle Holdings (765.035 acre) tract
282	288		bears N 45 deg. 13' 18" W 487.22 ft.;
283	289		[THENCE re-crossing the interior of said LaSalle Holdings (765.035
284	290		acre) tract with the Northwest line of this tract, N 43 deg. 27' 55"
285	291		E 3046.28 ft. to the PLACE OF BEGINNING, containing 305.41 acres of
286	292		land.]
287	293		SECTION 4. (a) All governmental and proprietary actions of
288	294		the LaSalle Municipal Utility District No. 2 taken before the
289	295		effective date of this Act, including the creation of the district,
290	296		the consent to create the district granted by the City of San
291	297		Marcos, the consent agreement relating to the district and any
292	298		amendments to that agreement, and any extension of time in which to
293	299		hold a confirmation election for the district, are validated,
294	300		ratified, and confirmed in all respects.
295	301		(b) This section does not apply to any matter that on the
296	302		effective date of this Act:
297	303		(1) is involved in litigation if the litigation
298	304		ultimately results in the matter being held invalid by a final court
299	305		judgment; or
300	306		(2) has been held invalid by a final court judgment.
301	307		SECTION 5. (a) The legal notice of the intention to
302	308		introduce this Act, setting forth the general substance of this
303	309		Act, has been published as provided by law, and the notice and a
304	310		copy of this Act have been furnished to all persons, agencies,
305	311		officials, or entities to which they are required to be furnished
306	312		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
307	313		Government Code.
308	314		(b) The governor, one of the required recipients, has
309	315		submitted the notice and Act to the Texas Commission on
310	316		Environmental Quality.
311	317		(c) The Texas Commission on Environmental Quality has filed
312	318		its recommendations relating to this Act with the governor, the
313	319		lieutenant governor, and the speaker of the house of
314	320		representatives within the required time.
315	321		(d) All requirements of the constitution and laws of this
316	322		state and the rules and procedures of the legislature with respect
317	323		to the notice, introduction, and passage of this Act are fulfilled
318	324		and accomplished.
319	325		SECTION 6. For purposes of Section 8473.052(b)(2), Special
320	326		District Local Laws Code, as amended by this Act, the effective date
321	327		of the temporary directors' designation is the effective date of
322	328		this Act.
323	329		SECTION 7. This Act takes effect immediately if it receives
324	330		a vote of two-thirds of all the members elected to each house, as
325	331		provided by Section 39, Article III, Texas Constitution. If this
326	332		Act does not receive the vote necessary for immediate effect, this
327	333		Act takes effect September 1, 2017.
328		-	______________________________ ______________________________
329		-	President of the Senate Speaker of the House
330		-	I certify that H.B. No. 4311 was passed by the House on May
331		-	19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not
332		-	voting.
333		-	______________________________
334		-	Chief Clerk of the House
335		-	I certify that H.B. No. 4311 was passed by the Senate on May
336		-	24, 2017, by the following vote: Yeas 30, Nays 1.
337		-	______________________________
338		-	Secretary of the Senate
339		-	APPROVED: _____________________
340		-	Date
341		-	_____________________
342		-	Governor
	334	+	* * * * *