Texas 2017 - 85th Regular

Texas House Bill HB4313 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4313
	1	+	By: Isaac (Senate Sponsor - Zaffirini) H.B. No. 4313
	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 6, Nays 0, 1 present not voting; May 23, 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. 4; providing authority to impose an assessment.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. Sections 8475.052(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) Curby Ohnheiser;
13	20		(2) Bill Zukaukas;
14	21		(3) James Hines;
15	22		(4) Sam Siddons; and
16	23		(5) Terry Zrubek [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 8475.003; 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 8475, 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. 8475.251. 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. 8475.252. 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. 8475.253. 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. 8475.254. 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. 8475.255. 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 628, 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. 4
103	110		initially includes all the territory contained in the following
104	111		area:
105	112		BEING A 355.7-ACRE [15,494,304 SQUARE FEET] TRACT OF LAND OUT OF THE
106	113		WILLIAM HEMPHILL SURVEY, ABSTRACT NUMBER 221, HAYS COUNTY, TEXAS,
107	114		SAID 355.7-ACRE TRACT BEING A PORTION OF SAID 765.035-ACRE TRACT,
108	115		SAID 355.7-ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES
109	116		AND BOUNDS AS FOLLOWS:
110	117		BEGINNING at a 1/2-inch iron rod with cap marked "BYRN" found in the
111	118		north right-of-way line of State Highway 21, a varying-width
112	119		right-of-way, for the south corner of said 765.035-acre tract, same
113	120		being the east corner of that called 305-acre tract described as
114	121		"Tract 2" in Special Warranty Deed to Cedar Stump Limited
115	122		Partnership, as recorded in Volume 1489, Page 800, H.C.D.R.;
116	123		THENCE leaving said north right-of-way line of State Highway 21,
117	124		with the southwest line of said 765.035-acre tract, same being the
118	125		northeast line of said 305-acre tract, N46°05'07"W, a distance of
119	126		2,948.64 feet to a 1-inch iron rod found for the north corner of
120	127		said 305-acre tract;
121	128		THENCE continuing with the southwest line of said 765.035-acre
122	129		tract, with the northwest line of said 305-acre tract, S43°29'59"W,
123	130		a distance of 1,332.70 feet to the southwest corner of the tract
124	131		described herein;
125	132		THENCE leaving said southwest line of said 765.035-acre tract and
126	133		said northwest line of the 305-acre tract, crossing said
127	134		765.035-acre tract, the following nine (9) courses and distances:
128	135		1) N46°24'34"W, a distance of 3,056.52 feet to an angle
129	136		point,
130	137		2) N44°18'44"E, a distance of 586.71 feet to a point of
131	138		curvature of a tangent circular curve to the right;
132	139		3) with the arc of said curve to the right a distance of
133	140		2,394.53 feet, said curve having a radius of 1654.00, a central
134	141		angle of 82°56'54" and a chord bearing N86°50'23"E, a distance of
135	142		2,190.83 feet to a point of tangency,
136	143		4) S46°24'32"E, a distance of 792.11 feet to an angle point,
137	144		5) N43°35'28"E, a distance of 248.47 feet to a point of
138	145		curvature of a tangent circular curve to the left,
139	146		6) with the arc of said curve to the left a distance of
140	147		595.11 feet, said curve having a radius of 512.00, a central angle
141	148		of 66°35'45" and a chord bearing N10°17'36"E, a distance of 562.17
142	149		feet to a point of tangency,
143	150		7) N24°53'03"W, a distance of 156.83 feet to a point of
144	151		curvature of a tangent circular curve to the right,
145	152		8) with the arc of said curve to the right a distance of
146	153		793.02 feet, said curve having a radius of 632.00, a central angle
147	154		of 71°53'37" and a chord bearing N10°26'48"E, a distance of 742.01
148	155		feet to a point of tangency, and
149	156		9) N43°22'06"E, a distance of 190.43 feet to a point in the
150	157		east line of said 765.035-acre tract, same being said west line of
151	158		the 140.6-acre tract;
152	159		THENCE with said east line of the 765.035-acre tract and the west
153	160		line of the 140.6-acre tract, S46°43'06"E, a distance of 1,334.98
154	161		feet to a 1/2-inch iron rod found for the southwest corner of said
155	162		140.6-acre tract, same being the northwest corner of that called
156	163		82.86-acre tract described as "Tract Two" in General Warranty Deed
157	164		to Robert K. Holdings, L.L.C. as recorded in Volume 5143, Page 808,
158	165		O.P.R.H.C.T.;
159	166		THENCE continuing with said east line of the 765.035-acre tract,
160	167		with the west line of the 82.86-acre tract, S46°36'29"E, a distance
161	168		of 930.53 feet to an iron post found for the southwest corner of
162	169		said 82.86-acre tract, same being the northwest corner of that
163	170		called 82.844-acre tract described in General Warranty Deed to
164	171		Stork Estates, LLC as recorded in Volume 5390, Page 624,
165	172		O.P.R.H.C.T.;
166	173		THENCE continuing with said east line of the 765.035-acre tract,
167	174		with the west line of said 82.844-acre tract, S46°27'06"E, a
168	175		distance of 1,203.82 feet to a 1/2-inch iron rod found for the
169	176		southwest corner of said 82.844-acre tract, same being the
170	177		northwest corner of the remainder of that called 100-acre tract
171	178		described to Fred W. Hoffman, Sr., as recorded in Volume 188, Page
172	179		499, O.P.R.H.C.T.;
173	180		THENCE continuing with said east line of the 765.035-acre tract,
174	181		same being the west line of the remainder the 100-acre tract,
175	182		S46°36'00"E, a distance of 1,031.87 feet to a 5/8-inch iron rod with
176	183		cap marked "HOFFMAN" found in said north right-of-way line of State
177	184		Highway 21, for the east corner of said 765.035-acre tract and the
178	185		east corner of the tract described herein;
179	186		THENCE leaving said east line of the 765.035-acre tract and said
180	187		west line of the remainder the 100-acre tract, with said north
181	188		right-of-way line of State Highway 21 and said south line of the
182	189		765.035-acre tract, the following three (3) courses and distances:
183	190		1) S48°11'06"W, a distance of 178.89 feet to a 1/2-inch iron
184	191		rod with cap marked "BYRN" found for a point of curvature of a
185	192		non-tangent circular curve to the left;
186	193		2) with the arc of said curve to the left a distance of
187	194		830.82 feet, said curve having a radius of 5,779.51 feet, a central
188	195		angle of 8°14'11" and a chord bearing S52°21'11"W, a distance of
189	196		830.10 feet to a broken TxDOT concrete monument found for a point of
190	197		non-tangency, and
191	198		3) S48°11'24"W, a distance of 1,475.12 feet to the POINT OF
192	199		BEGINNING, and containing 355.7 acres [15,494,304 square feet].
193	200		[FIELD NOTE DESCRIPTION OF 535.54 ACRES OF LAND OUT OF THE WILLIAM
194	201		HEMPHILL SURVEY ABSTRACT No. 221 IN HAYS COUNTY, TEXAS, BEING A
195	202		PORTION OF THAT CERTAIN (811.38 ACRE) TRACT OF LAND AS CONVEYED TO
196	203		LASALLE HOLDINGS, LTD. BY SPECIAL WARRANTY DEED RECORDED IN VOLUME
197	204		2909 PAGE 684 OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS,
198	205		AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
199	206		FOLLOWS:
200	207		[BEGINNING at a capped iron rod found (marked "ProTech") in the
201	208		Northwest line of the Old San Antonio Road for the most Easterly
202	209		corner of that certain (811.38 acre) tract of land as conveyed to
203	210		LaSalle Holdings by Special Warranty Deed recorded in Volume 2909
204	211		Page 684 of the Official Public Records of Hays County, Texas, and
205	212		being the most Easterly corner and PLACE OF BEGINNING of the herein
206	213		described tract of land;
207	214		[THENCE with the Southeast line of said LaSalle Holdings (811.38
208	215		acre) tract, S 48 deg. 44' 13" W 178.85 ft. to a capped iron rod
209	216		found (marked "Byrn") at the point of intersection with the curving
210	217		Northwest right-of-way line State Highway No. 21 for an angle
211	218		corner of this tract;
212	219		[THENCE with the Northwest right-of-way line of State Highway No.
213	220		21, the following two (2) courses;
214	221		[1) along a curve to the left with a radius of 5779.51 ft. for
215	222		an arc length of 830.52 ft. and which chord bears S 52 deg. 53' 22" W
216	223		829.80 ft. to a PK nail found in a broken concrete monument for a
217	224		point of tangency;
218	225		[2) S 48 deg. 46' 22" W 1475.74 ft. to a 1/2" iron rod found
219	226		for the most Southerly corner of said LaSalle Holdings (811.38
220	227		acre) tract and for the most Southerly corner of this tract;
221	228		[THENCE leaving the Northwest right-of-way line of State Highway
222	229		No. 21 with a Southerly line of said LaSalle Holdings (811.38 acre)
223	230		tract, the following two (2) courses;
224	231		[1) N 45 deg. 31' 36" W 2950.62 ft.;
225	232		[2) S 44 deg. 02' 00" W 1300.00 ft. to a point for a
226	233		Southwesterly angle corner of this tract;
227	234		[THENCE crossing the interior of said LaSalle Holdings (811.38
228	235		acre) tract with a Southwesterly line of this tract, N 45 deg. 39'
229	236		03" W 4231.53 ft. to a point in the Southeast line of Hays County
230	237		Road No. 158 and in the Northwest line of said LaSalle Holdings
231	238		(811.38 acre) tract and being the most Westerly corner of this
232	239		tract, and from which a 1/2" iron rod found in the Southeast line of
233	240		Hays County Road No. 158 and in the Northwest line of said LaSalle
234	241		Holdings (811.38 acre) tract bears S 43 deg. 26' 25" W 605.66 ft.;
235	242		[THENCE with the Southeast line of Hays County Road No. 158 and with
236	243		the Northwest line of said LaSalle Holdings (811.38 acre) tract,
237	244		the following three (3) courses;
238	245		[1) N 43 deg. 26' 25" E 482.55 ft. to a capped iron rod found
239	246		(marked "Byrn");
240	247		[2) N 43 deg. 23' 06" E 1527.54 ft.;
241	248		[3) N 43 deg. 39' 30" E 1505.40 ft. to a capped iron rod found
242	249		(marked "Byrn") for an angle corner of said LaSalle Holdings
243	250		(811.38 acre) tract and for the West corner of that certain (1.00
244	251		acre) tract of land as conveyed to Drue B. Ewald, et ux, by deed
245	252		recorded in Volume 269 Page 202 of the Deed Records of Hays County,
246	253		Texas;
247	254		[THENCE leaving the Southeast line of Hays County Road No. 158 with
248	255		the common line of said LaSalle Holdings (811.38 acre) tract, the
249	256		following two (2) courses;
250	257		[1) S 44 deg. 58' 54" E 221.56 ft. to a capped iron rod found
251	258		(marked "Jones-Carter");
252	259		[2) N 43 deg. 24' 04" E 198.54 ft. to a 1/2" iron rod found for
253	260		an angle corner of said LaSalle Holdings (811.38 acre) tract and for
254	261		the East corner of said Ewald (1.00 acre) tract and being angle
255	262		corner of this tract;
256	263		[THENCE with the Northeast line of said LaSalle Holdings (811.38
257	264		acre) tract, the following three (3) courses;
258	265		[1) S 46 deg. 09' 07" E 3771.42 ft.;
259	266		[2) S 45 deg. 57' 07" E 2455.99 ft.;
260	267		[3) S 46 deg. 02' 10" E 1031.75 ft. to the PLACE OF BEGINNING,
261	268		containing 535.54 acres of land.]
262	269		SECTION 4. (a) All governmental and proprietary actions of
263	270		the LaSalle Municipal Utility District No. 4 taken before the
264	271		effective date of this Act, including the creation of the district,
265	272		the consent to create the district granted by the City of San
266	273		Marcos, the consent agreement relating to the district and any
267	274		amendments to that agreement, and any extension of time in which to
268	275		hold a confirmation election for the district, are validated,
269	276		ratified, and confirmed in all respects.
270	277		(b) This section does not apply to any matter that on the
271	278		effective date of this Act:
272	279		(1) is involved in litigation if the litigation
273	280		ultimately results in the matter being held invalid by a final court
274	281		judgment; or
275	282		(2) has been held invalid by a final court judgment.
276	283		SECTION 5. (a) The legal notice of the intention to
277	284		introduce this Act, setting forth the general substance of this
278	285		Act, has been published as provided by law, and the notice and a
279	286		copy of this Act have been furnished to all persons, agencies,
280	287		officials, or entities to which they are required to be furnished
281	288		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
282	289		Government Code.
283	290		(b) The governor, one of the required recipients, has
284	291		submitted the notice and Act to the Texas Commission on
285	292		Environmental Quality.
286	293		(c) The Texas Commission on Environmental Quality has filed
287	294		its recommendations relating to this Act with the governor, the
288	295		lieutenant governor, and the speaker of the house of
289	296		representatives within the required time.
290	297		(d) All requirements of the constitution and laws of this
291	298		state and the rules and procedures of the legislature with respect
292	299		to the notice, introduction, and passage of this Act are fulfilled
293	300		and accomplished.
294	301		SECTION 6. For purposes of Section 8475.052(b)(2), Special
295	302		District Local Laws Code, as amended by this Act, the effective date
296	303		of the temporary directors' designation is the effective date of
297	304		this Act.
298	305		SECTION 7. This Act takes effect immediately if it receives
299	306		a vote of two-thirds of all the members elected to each house, as
300	307		provided by Section 39, Article III, Texas Constitution. If this
301	308		Act does not receive the vote necessary for immediate effect, this
302	309		Act takes effect September 1, 2017.
303		-	______________________________ ______________________________
304		-	President of the Senate Speaker of the House
305		-	I certify that H.B. No. 4313 was passed by the House on May
306		-	19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not
307		-	voting.
308		-	______________________________
309		-	Chief Clerk of the House
310		-	I certify that H.B. No. 4313 was passed by the Senate on May
311		-	24, 2017, by the following vote: Yeas 30, Nays 1.
312		-	______________________________
313		-	Secretary of the Senate
314		-	APPROVED: _____________________
315		-	Date
316		-	_____________________
317		-	Governor
	310	+	* * * * *