Texas 2017 - 85th Regular

Texas House Bill HB4312 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4312
	1	+	By: Isaac (Senate Sponsor - Zaffirini) H.B. No. 4312
	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 22, 2017, reported favorably by the following
	5	+	vote: Yeas 6, Nays 0, one present not voting; May 22, 2017, sent to
	6	+	printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the temporary board of and financing of certain
6	13		facilities and improvements by the LaSalle Municipal Utility
7	14		District No. 3; providing authority to impose an assessment.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. Sections 8474.052(a) and (b), Special District
10	17		Local Laws Code, are amended to read as follows:
11	18		(a) The temporary board consists of:
12	19		(1) Jeremy Mazur;
13	20		(2) Curtis Davidson;
14	21		(3) Ross Allen;
15	22		(4) Edward Wilhelm; and
16	23		(5) Brent Covert [On or after the effective date of the
17	24		Act enacting this chapter, the owner or owners of a majority of the
18	25		assessed value of the real property in the district may submit a
19	26		petition to the commission requesting that the commission appoint
20	27		as temporary directors the five persons named in the petition. The
21	28		commission shall appoint as temporary directors the five persons
22	29		named in the petition].
23	30		(b) Temporary directors serve until the earlier of:
24	31		(1) the date permanent directors are elected under
25	32		Section 8474.003; or
26	33		(2) the fourth anniversary of the effective date of
27	34		their designation [the Act enacting this chapter].
28	35		SECTION 2. Chapter 8474, Special District Local Laws Code,
29	36		is amended by adding Subchapter F to read as follows:
30	37		SUBCHAPTER F. ASSESSMENTS; APPLICABILITY OF ASSESSMENTS
31	38		Sec. 8474.251. PETITION REQUIRED FOR FINANCING
32	39		IMPROVEMENTS AND RECREATIONAL FACILITIES WITH ASSESSMENTS. (a)
33	40		Except as provided by this subchapter, the board may finance the
34	41		construction or maintenance of a recreational facility or
35	42		improvement with assessments on property under this subchapter only
36	43		if:
37	44		(1) a written petition requesting that facility or
38	45		improvement has been filed with the board; and
39	46		(2) the board holds a hearing on the proposed
40	47		assessments.
41	48		(b) The petition must be signed by the owners of a majority
42	49		of the assessed value of real property in the district subject to
43	50		assessment according to the most recent certified tax appraisal
44	51		roll for the county.
45	52		Sec. 8474.252. MISCELLANEOUS DESIGN, CONSTRUCTION, AND
46	53		MAINTENANCE. An improvement or recreational facility project may
47	54		include the planning, design, construction, improvement, and
48	55		maintenance of:
49	56		(1) landscaping;
50	57		(2) marinas and bridges;
51	58		(3) lighting, banners, and signs;
52	59		(4) hiking and cycling paths or trails;
53	60		(5) sidewalks, pedestrian walkways, skywalks,
54	61		crosswalks, or tunnels;
55	62		(6) ponds, lakes, recreational facilities, or scenic
56	63		areas;
57	64		(7) plazas or pedestrian malls;
58	65		(8) drainage or navigation improvements; or
59	66		(9) solid waste, water, sewer, or power facilities,
60	67		including electrical and gas power facilities.
61	68		Sec. 8474.253. METHOD OF NOTICE FOR HEARING. The district
62	69		shall mail notice of the hearing to each property owner in the
63	70		district who will be subject to the assessment at the current
64	71		address to be assessed as reflected on the tax rolls. The district
65	72		may mail the notice by certified or first class United States mail.
66	73		The board shall determine the method of notice.
67	74		Sec. 8474.254. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) An
68	75		assessment or a reassessment imposed under this subchapter by the
69	76		district, penalties and interest on an assessment or reassessment,
70	77		an expense of collection, and reasonable attorney's fees incurred
71	78		by the district:
72	79		(1) are a first and prior lien against the property
73	80		assessed;
74	81		(2) are superior to any other lien or claim other than
75	82		a lien or claim for county, school district, or municipal ad valorem
76	83		taxes; and
77	84		(3) are the personal liability of and a charge against
78	85		the owners of the property even if the owners are not named in the
79	86		assessment proceedings.
80	87		(b) The lien is effective from the date of the board's
81	88		resolution imposing the assessment until the date the assessment is
82	89		paid. The board may enforce the lien in the same manner that the
83	90		board may enforce an ad valorem tax lien against real property.
84	91		(c) The board may make a correction to or deletion from the
85	92		assessment roll that does not increase the amount of assessment of
86	93		any parcel of land without providing notice and holding a hearing in
87	94		the manner required for additional assessments.
88	95		Sec. 8474.255. UTILITY PROPERTY EXEMPT FROM ASSESSMENTS.
89	96		The district may not impose an assessment on the property,
90	97		including the equipment, rights-of-way, facilities, or
91	98		improvements, of:
92	99		(1) an electric utility or a power generation company
93	100		as defined by Section 31.002, Utilities Code;
94	101		(2) a gas utility as defined by Section 101.003 or
95	102		121.001, Utilities Code;
96	103		(3) a telecommunications provider as defined by
97	104		Section 51.002, Utilities Code; or
98	105		(4) a person who provides to the public cable
99	106		television or advanced telecommunications services.
100	107		SECTION 3. Section 2, Chapter 627, Acts of the 83rd
101	108		Legislature, Regular Session, 2013, is amended to read as follows:
102	109		Sec. 2. The LaSalle Municipal Utility District No. 3
103	110		initially includes all the territory contained in the following
104	111		area:
105	112		BEING A 419.9-ACRE [18,289,842 SQUARE FEET] TRACT OF LAND OUT OF THE
106	113		WILLIAM HEMPHILL SURVEY, ABSTRACT NUMBER 221, HAYS COUNTY, TEXAS,
107	114		SAID 419.9-ACRE TRACT BEING A PORTION OF SAID 765.035-ACRE TRACT
108	115		AND THAT CALLED 171.236-ACRE TRACT DESCRIBED IN GENERAL WARRANTY
109	116		DEED TO LASALLE HOLDINGS, LTD. AS RECORDED IN VOLUME 3030, PAGE 657,
110	117		O.P.R.H.C.T., SAID 419.9-ACRE TRACT BEING MORE PARTICULARLY
111	118		DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
112	119		BEGINNING at a 1/2-inch iron rod with cap marked "BYRN" found for an
113	120		angle point in said apparent west right-of-way line of County Road
114	121		158, same being said east line of the 765.035-acre tract, and from
115	122		which a 1/2-inch iron rod with cap marked "BYRN" found for an angle
116	123		point in said apparent west right-of-way line of County Road 158 and
117	124		said east line of the 765.035-acre tract bears N44°30'44"E, a
118	125		distance of 9.02 feet;
119	126		THENCE with said apparent west right-of-way line of County Road 158
120	127		and said east line of the 765.035-acre tract, S46°10'38"E, a
121	128		distance of 1,134.71 feet to an angle point and east corner of the
122	129		tract described herein;
123	130		THENCE leaving said apparent west right-of-way line of County Road
124	131		158 and said east line of the 765.035-acre tract, crossing said
125	132		765.035-acre tract, the following eight (8) courses and distances:
126	133		1) S43°33'39"W, a distance of 551.53 feet to a point of
127	134		curvature of a tangent circular curve to the right,
128	135		2) with the arc of said curve to the right a distance of
129	136		372.28 feet, said curve having a radius of 1,000.00, a central angle
130	137		of 21°19'49" and a chord bearing S56°26'13"W, a distance of 370.14
131	138		feet to a point of tangency,
132	139		3) S67°06'07"W, a distance of 20.00 feet to a point of
133	140		curvature of a tangent circular curve to the left,
134	141		4) with the arc of said curve to the left a distance of
135	142		1,807.51 feet, said curve having a radius of 1,738.00, a central
136	143		angle of 59°35'14" and a chord bearing S36°34'11"W, a distance of
137	144		1,727.15 feet to a point of tangency,
138	145		5) S06°46'34"W, a distance 123.00 feet to a point of
139	146		curvature of a tangent circular curve to the right;
140	147		6) with the arc of said curve to the right a distance of
141	148		314.79 feet, said curve having a radius of 1000.00, a central angle
142	149		of 18°02'10" and a chord bearing S13°06'47"W, a distance of 313.49
143	150		feet to a point of tangency,
144	151		7) S22°07'52"W, a distance of 804.54 feet to an angle point,
145	152		and
146	153		8) S45°37'13"E, a distance of 1,831.04 feet to a point in
147	154		said apparent west right-of-way line of County Road 158, same being
148	155		said southeast line of the northerly portion of the 765.035-acre
149	156		tract;
150	157		THENCE with said apparent west right-of-way line of County Road 158
151	158		and said southeast line of the northerly portion of the
152	159		765.035-acre tract, the following two (2) courses and distances:
153	160		1) S42°49'27"W, a distance of 267.87 feet to a 1/2-inch iron
154	161		rod found for an angle point, and
155	162		2) S42°49'52"W, a distance of 1010.10 feet to a 1/2-inch iron
156	163		rod found for an angle point, same being the east corner of said
157	164		171.236-acre tract;
158	165		THENCE continuing with said apparent west right-of-way line of
159	166		County Road 158, with the southeast line of said 171.236-acre
160	167		tract, the following four (4) courses and distances:
161	168		1) S42°55'59"W, a distance of 1818.65 feet to a 1/2-inch iron
162	169		rod with cap marked "4069" found for an angle point,
163	170		2) S43°46'38"W, a distance of 453.62 feet to a 1/2-inch iron
164	171		rod with cap marked "4069" found for an angle point,
165	172		3) S42°37'22"W, a distance of 425.56 feet to a 1/2-inch iron
166	173		rod found, and
167	174		4) S44°15'44"W, a distance of 57.00 feet to an angle point;
168	175		THENCE leaving said apparent west right-of-way line of County Road
169	176		158 and said southeast line of the 171.236-acre tract, crossing
170	177		said 171.236-acre tract, N46°54'57"W, passing at a distance of
171	178		2,013.35 feet point in the northwest line of said 171.236-acre
172	179		tract, and crossing said 765.035-acre tract an additional distance
173	180		of 1,346.73 feet, for a cumulative distance of 3,360.08 feet to a
174	181		point in the northwest line of said 765.035-acre tract, same being
175	182		the southeast line of said 468.288-acre tract;
176	183		THENCE with said northwest line of the 765.035-acre tract and said
177	184		southeast line of the 468.288-acre tract, the following three (3)
178	185		courses and distances:
179	186		1) N43°40'32"E, a distance of 3,769.94 feet to a 1/2-inch
180	187		iron rod found for an angle point,
181	188		2) N46°10'24"W, a distance of 240.36 feet to a 1/2-inch iron
182	189		rod found for an angle point, and
183	190		3) N42°54'40"E, a distance of 2,001.13 feet to a 1/2-inch
184	191		iron rod found for the east corner of said 468.288-acre tract;
185	192		THENCE leaving said northwest line of the 765.035-acre tract and
186	193		said southeast line of the 468.288-acre tract, crossing said
187	194		765.035-acre tract, N42°53'58"E, a distance of 3,045.94 feet to the
188	195		POINT OF BEGINNING and containing 419.9 acres [18,289,842 square
189	196		feet].
190	197		[FIELD NOTE DESCRIPTION OF 320.71 ACRES OF LAND OUT OF THE WILLIAM
191	198		HEMPHILL SURVEY ABSTRACT No. 221 IN HAYS COUNTY, TEXAS, BEING A
192	199		PORTION OF THAT CERTAIN (765.035 ACRE) TRACT OF LAND AS CONVEYED TO
193	200		LASALLE HOLDINGS, LTD. BY SPECIAL WARRANTY DEED RECORDED IN VOLUME
194	201		2909 PAGE 684 OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS,
195	202		TOGETHER WITH A PORTION OF THAT CERTAIN (171.236) ACRE) TRACT OF
196	203		LAND AS CONVEYED TO LASALLE HOLDINGS, LTD. BY GENERAL WARRANTY DEED
197	204		RECORDED IN VOLUME 3030 PAGE 657 OF THE OFFICIAL PUBLIC RECORDS OF
198	205		HAYS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES
199	206		AND BOUNDS AS FOLLOWS:
200	207		[BEGINNING FOR REFERENCE at 1/2" iron rod found in the Northeast
201	208		right-of-way line of Yarrington Road for the most Westerly corner
202	209		of that certain (765.035 acre) tract of land as conveyed to LaSalle
203	210		Holdings, Ltd. By Special Warranty Deed recorded in Volume 2909
204	211		Page 684 of the Official Public Records of Hays County, Texas, and
205	212		for the most Southerly corner of that certain (468.288 acre) tract
206	213		of land described as "Tract 2" in deed to F.M. 158 Land, Ltd. As
207	214		recorded in Volume 2702 Page 613 of the Official Public Records of
208	215		Hays County, Texas;
209	216		[THENCE leaving the Northeast right-of-way line of Yarrington Road
210	217		with a Northwesterly line of said LaSalle Holdings (765.035 acre)
211	218		tract, N 44 deg. 14'37"E 963.10 ft. to a point for the North corner
212	219		and PLACE OF BEGINNING of the herein described tract of land;
213	220		[THEN continuing with a Northwesterly line of said LaSalle Holdings
214	221		(765.035 acre) tract, the following three (3) courses:
215	222		[1) N 44 deg. 14' 37" E 2807.00 ft.;
216	223		[2) N 45 deg. 27' 33" W 240.49 ft.;
217	224		[3) N 43 deg. 28' 18" E 1300.84 ft. to a point for the most
218	225		Northerly corner of this tract, and from which a capped iron rod
219	226		found (marked "Byrn" for an angle corner of said LaSalle Holdings
220	227		(765.035 acre) tract bears N 43 deg. 28' 18" E 700.00 ft.;
221	228		[THENCE crossing the interior of said LaSalle Holdings (765.035
222	229		acre) tract with the Northeast line of this tract, S 45 deg. 39' 03"
223	230		E 3568.62 ft. to a point in the Northwest line of Hays County Road
224	231		No. 158 and in the Southeast line of said LaSalle Holdings (765.035
225	232		acre) tract and being the most Easterly corner of this tract, and
226	233		from which a 1/2" iron rod found in the Northwest line of Hays
227	234		County Road No. 158 and in the Southeast line of said LaSalle
228	235		Holdings (765.035 acre) tract bears N 43 deg. 23' 01" E 1294.66 ft.;
229	236		[THENCE with the Northwest line of Hays County Road No. 158 and with
230	237		the Southeast line of said LaSalle Holdings (765.035 acre) tract,
231	238		the following two (2) courses;
232	239		[1) S 43 deg. 23' 01" W 302.20 ft. to a 1/2" iron rod found;
233	240		[2) S 43 deg. 23' 51" W 1010.30 ft. to a 1/2" iron rod found
234	241		for the most Southerly corner of said LaSalle Holdings (765.035
235	242		acre) tract and for the most Easterly corner of that certain
236	243		(171.236 acre) tract of land as conveyed to LaSalle Holdings, Ltd.
237	244		By General Warranty Deed recorded in Volume 3030 Page 657 of the
238	245		Official Public Records of Hays County, Texas;
239	246		[THENCE with the Northwest line of Hays County Road No. 158 and with
240	247		the Southeast line of said LaSalle Holdings (171.236 acre) tract,
241	248		the following four (4) courses;
242	249		[1) S 43 deg. 29' 43" W 1818.92 ft. to a capped iron rod found
243	250		(marked "4069");
244	251		[2) S 44 deg. 22' 05" W 453.62 ft. to a capped iron rod found
245	252		(marked "4069);
246	253		[3) S 43 deg. 10' 19" W 425.56 ft. to a 1/2" iron rod found;
247	254		[4) S 44 deg. 50' 25" W 57.00 ft. to a point for the West
248	255		corner of this tract and from which a capped iron rod found (marked
249	256		"4069), bears S 44 deg. 50' 25" W 65.22 ft.;
250	257		[THENCE leaving the Northwest line of Hays County Road No. 158 and
251	258		crossing the interiors of said LaSalle Holdings (171.236 acre)
252	259		tract and LaSalle Holdings (765.035 acre) tract with the Northwest
253	260		line of this tract, N 46 deg. 21' 22" W 3360.37 ft. to the PLACE OF
254	261		BEGINNING, containing 320.71 acres of land.]
255	262		SECTION 4. (a) All governmental and proprietary actions of
256	263		the LaSalle Municipal Utility District No. 3 taken before the
257	264		effective date of this Act, including the creation of the district,
258	265		the consent to create the district granted by the City of San
259	266		Marcos, the consent agreement relating to the district and any
260	267		amendments to that agreement, and any extension of time in which to
261	268		hold a confirmation election for the district, are validated,
262	269		ratified, and confirmed in all respects.
263	270		(b) This section does not apply to any matter that on the
264	271		effective date of this Act:
265	272		(1) is involved in litigation if the litigation
266	273		ultimately results in the matter being held invalid by a final court
267	274		judgment; or
268	275		(2) has been held invalid by a final court judgment.
269	276		SECTION 5. (a) The legal notice of the intention to
270	277		introduce this Act, setting forth the general substance of this
271	278		Act, has been published as provided by law, and the notice and a
272	279		copy of this Act have been furnished to all persons, agencies,
273	280		officials, or entities to which they are required to be furnished
274	281		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
275	282		Government Code.
276	283		(b) The governor, one of the required recipients, has
277	284		submitted the notice and Act to the Texas Commission on
278	285		Environmental Quality.
279	286		(c) The Texas Commission on Environmental Quality has filed
280	287		its recommendations relating to this Act with the governor, the
281	288		lieutenant governor, and the speaker of the house of
282	289		representatives within the required time.
283	290		(d) All requirements of the constitution and laws of this
284	291		state and the rules and procedures of the legislature with respect
285	292		to the notice, introduction, and passage of this Act are fulfilled
286	293		and accomplished.
287	294		SECTION 6. For purposes of Section 8474.052(b)(2), Special
288	295		District Local Laws Code, as amended by this Act, the effective date
289	296		of the temporary directors' designation is the effective date of
290	297		this Act.
291	298		SECTION 7. This Act takes effect immediately if it receives
292	299		a vote of two-thirds of all the members elected to each house, as
293	300		provided by Section 39, Article III, Texas Constitution. If this
294	301		Act does not receive the vote necessary for immediate effect, this
295	302		Act takes effect September 1, 2017.
296		-	______________________________ ______________________________
297		-	President of the Senate Speaker of the House
298		-	I certify that H.B. No. 4312 was passed by the House on May
299		-	19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not
300		-	voting.
301		-	______________________________
302		-	Chief Clerk of the House
303		-	I certify that H.B. No. 4312 was passed by the Senate on May
304		-	24, 2017, by the following vote: Yeas 30, Nays 1.
305		-	______________________________
306		-	Secretary of the Senate
307		-	APPROVED: _____________________
308		-	Date
309		-	_____________________
310		-	Governor
	303	+	* * * * *