Texas 2017 - 85th Regular

Texas House Bill HB4314 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4314
	1	+	By: Isaac (Senate Sponsor - Zaffirini) H.B. No. 4314
	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. 5; providing authority to impose an assessment.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. Sections 8476.052(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) Jack Wilhelm;
13	20		(2) David Tuckfield;
14	21		(3) Jon Cobb;
15	22		(4) Bob Ruggio; and
16	23		(5) Adam Van Ackeren [On or after the effective date of
17	24		the Act enacting this chapter, the owner or owners of a majority of
18	25		the 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 8476.003; 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 8476, 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. 8476.251. 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. 8476.252. 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. 8476.253. 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. 8476.254. 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. 8476.255. 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 503, 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. 5
103	110		initially includes all the territory contained in the following
104	111		area:
105	112		DESCRIPTION OF A TRACT OF LAND CONTAINING 272.071 ACRES OF
106	113		LAND OUT OF THE WILLIAM HEMPHILL SURVEY, ABSTRACT NO. 221, SITUATED
107	114		IN HAYS COUNTY, TEXAS, BEING A PORTION OF THE 811.38 ACRE TRACT
108	115		CONVEYED TO LASALLE HOLDINGS LTD., BY DEED OF RECORD IN VOLUME 2909,
109	116		PAGE 684, OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID
110	117		272.071 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
111	118		BOUNDS AS FOLLOWS:
112	119		BEGINNING AT A 1/2-INCH IRON ROD FOUND AT THE MOST SOUTHERLY
113	120		CORNER OF SAID 811.38 ACRE TRACT, SAID POINT BEING THE NORTHERLY
114	121		COMMON CORNER OF THE 305 ACRE TRACT CONVEYED TO CEDAR STUMP LP, BY
115	122		DEED OF RECORD IN VOLUME 1489, PAGE 800, OF SAID OFFICIAL PUBLIC
116	123		RECORDS, AND OF THE 199.17 ACRE TRACT CONVEYED TO KYLE THREE
117	124		PARTNERS LP, BY DEED OF RECORD IN VOLUME 2940, PAGE 195, OF SAID
118	125		OFFICIAL PUBLIC RECORDS, FOR THE MOST SOUTHERLY CORNER AND POINT OF
119	126		BEGINNING HEREOF;
120	127		THENCE, ALONG THE COMMON LINE OF SAID 199.17 ACRE TRACT, AND
121	128		OF SAID 811.38 ACRE TRACT, GENERALLY WITH A BARBED WIRE FENCE, THE
122	129		FOLLOWING THIRTEEN (13) COURSES AND DISTANCES:
123	130		1) N54°50'51"W, A DISTANCE OF 771.35 FEET TO A FOUND 1/2-INCH
124	131		IRON ROD;
125	132		2) S82°34'23"W, A DISTANCE OF 840.87 FEET TO A FOUND 1/2-INCH
126	133		IRON ROD;
127	134		3) N52°52'15"W, A DISTANCE OF 690.88 FEET TO A FOUND 1/2-INCH
128	135		IRON ROD;
129	136		4) N62°34'40"W, A DISTANCE OF 68.98 FEET TO A FOUND 1/2-INCH
130	137		IRON ROD;
131	138		5) N68°34'23"W, A DISTANCE OF 56.45 FEET TO A FOUND 1/2-INCH
132	139		IRON ROD;
133	140		6) N72°57'43"W, A DISTANCE OF 88.21 FEET TO A FOUND 1/2-INCH
134	141		IRON ROD;
135	142		7) N73°27'40"W, A DISTANCE OF 53.90 FEET TO A FOUND 1/2-INCH
136	143		IRON ROD;
137	144		8) N78°51'26"W, A DISTANCE OF 427.41 FEET TO A FOUND 1/2-INCH
138	145		IRON ROD WITH "BYRN" CAP;
139	146		9) N88°42'40"W, A DISTANCE OF 82.89 FEET TO A FOUND 1/2-INCH
140	147		IRON ROD WITH "BYRN" CAP;
141	148		10) S89°20'36"W, A DISTANCE OF 252.54 FEET TO A FOUND WOOD
142	149		FENCE POST;
143	150		11) N78°22'26"W, A DISTANCE OF 289.01 FEET TO A FOUND WOOD
144	151		FENCE POST;
145	152		12) N70°19'37"W, A DISTANCE OF 133.26 FEET TO A FOUND
146	153		1/2-INCH IRON ROD;
147	154		13) N65°54'03"W, A DISTANCE OF 1059.47 FEET TO A 1/2-INCH
148	155		IRON ROD FOUND ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF COUNTY
149	156		ROAD 158 (UNDEDICATED RIGHT-OF-WAY), AS USED ON THE GROUND;
150	157		THENCE ALONG THE COMMON LINE OF SAID 811.38 ACRE TRACT AND OF
151	158		THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 158, THE
152	159		FOLLOWING TWO (2) COURSES AND DISTANCES:
153	160		1) N42°58'24"E, A DISTANCE OF 3,243.10 FEET TO A FOUND
154	161		1/2-INCH IRON ROD;
155	162		2) N42°52'47"E, A DISTANCE OF 570.78 FEET TO A CALCULATED
156	163		POINT;
157	164		THENCE OVER AND ACROSS SAID 811.38 ACRE TRACT THE FOLLOWING
158	165		TWO (2) COURSES AND DISTANCES:
159	166		1) S45°40'51"E, A DISTANCE OF 942.00 FEET TO A CALCULATED
160	167		POINT;
161	168		2) S46°24'34"E, A DISTANCE OF 3,289.74 FEET TO A CALCULATED
162	169		POINT ON THE NORTHWESTERLY LINE OF SAID 305 ACRE TRACT;
163	170		THENCE ALONG THE COMMON LINE OF SAID 811.38 ACRE TRACT AND OF
164	171		SAID 305 ACRE TRACT, S43°29'59"W, A DISTANCE OF 1,830.79 FEET THE
165	172		POINT OF BEGINNING, AND CONTAINING 272.071 ACRES OF LAND, MORE OR
166	173		LESS.
167	174		[FIELD NOTE DESCRIPTION OF 275.81 ACRES OF LAND OUT OF THE WILLIAM
168	175		HEMPHILL SURVEY ABSTRACT No. 221 IN HAYS COUNTY, TEXAS, BEING A
169	176		PORTION OF THAT CERTAIN (811.38 ACRE) TRACT OF LAND AS CONVEYED TO
170	177		LASALLE HOLDINGS, LTD. BY SPECIAL WARRANTY DEED RECORDED IN VOLUME
171	178		2909 PAGE 684 OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS,
172	179		AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
173	180		FOLLOWS:
174	181		[BEGINNING FOR REFERENCE at a capped iron rod found (marked
175	182		"ProTech") in the Northwest line of the Old San Antonio Road for the
176	183		most Easterly corner of that certain (811.38 acre) tract of land as
177	184		conveyed to LaSalle Holdings by Special Warranty Deed recorded in
178	185		Volume 2909 Page 684 of the Official Public Records of Hays County,
179	186		Texas;
180	187		[THENCE with the Southeast line of said LaSalle Holdings (811.38
181	188		acre) tract, S 48 deg. 44' 13" W 178.85 ft. to a capped iron rod
182	189		found (marked "Byrn") at the point of intersection with the curving
183	190		Northwest right-of-way line State Highway No. 21;
184	191		[THENCE with the Northwest right-of-way line of State Highway No.
185	192		21, the following two (2) courses;
186	193		[1) along a curve to the left with a radius of 5779.51 ft. for
187	194		an arc length of 830.52 ft. and which chord bears S 52 deg. 53' 22" W
188	195		829.80 ft. to a PK nail found in a broken concrete monument for a
189	196		point of tangency;
190	197		[2) S 48 deg. 46' 22" W 1475.74 ft. to a 1/2" iron rod found
191	198		for the most Southerly corner of said LaSalle Holdings (811.38
192	199		acre) tract;
193	200		[THENCE leaving the Northwest right-of-way line of State Highway
194	201		No. 21 with a Southerly line of said LaSalle Holdings (811.38 acre)
195	202		tract, the following two (2) courses;
196	203		[1) N 45 deg. 31' 36" W 2950.62 ft.;
197	204		[2) S 44 deg. 02' 00" W 1300.00 ft. to a point for an Easterly
198	205		angle corner and PLACE OF BEGINNING of the herein described tract of
199	206		land;
200	207		[THENCE continuing with a Southerly or Southeasterly line of said
201	208		LaSalle Holdings (811.38 acre) tract, S 44 deg. 02' 00" W 1863.28
202	209		ft. to a point for the most Southerly corner of this tract;
203	210		[THENCE continuing with a Southerly line of said LaSalle Holdings
204	211		(811.38 acre) tract, the following thirteen (13) courses;
205	212		[1) N 54 deg. 17' 20" W 771.66 ft.;
206	213		[2) S 83 deg. 08' 18" W 840.88 ft.;
207	214		[3) N 52 deg. 17' 55" W 690.89 ft.;
208	215		[4) N 62 deg. 00' 02" W 69.27 ft.;
209	216		[5) N 68 deg. 09' 41" W 56.18 ft.;
210	217		[6) N 72 deg. 20' 49" W 88.29 ft.;
211	218		[7) N 73 deg. 00' 27" W 53.89 ft.;
212	219		[8) N 78 deg. 17' 31" W 427.31 ft.;
213	220		[9) N 88 deg. 16' 13" W 82.92 ft.;
214	221		[10) S 89 deg. 50' 43" W 252.84 ft.;
215	222		[11) N 77 deg. 42' 55" W 289.03 ft;
216	223		[12) N 69 deg. 45' 12" W 133.17 ft.;
217	224		[13) N 65 deg. 20' 24" W 1059.29 ft. to a point in the
218	225		Southeast line of Hays County Road No. 158 for the most Westerly
219	226		corner of said LaSalle Holdings (811.38 acre) tract and being the
220	227		most Westerly corner of this tract;
221	228		[THENCE with the Southeast line of Hays County Road No. 158 and with
222	229		the Northwest line of said LaSalle Holdings (811.38 acre) tract,
223	230		the following two (2) courses;
224	231		[1) N 43 deg. 32' 03" E 3243.31 ft. to a 1/2" iron rod found;
225	232		[2) N 43 deg. 26' 25" E 605.66 ft. to a point for the most
226	233		Northerly corner of this tract, and from which a capped iron rod
227	234		found (marked "Byrn") in the Southeast line of Hays County Road No.
228	235		158 and in the Northwest line of said LaSalle Holdings (811.38 acre)
229	236		tract bears N 43 deg. 26' 25" E 482.55 ft;
230	237		[THENCE crossing the interior of said LaSalle Holdings (811.38
231	238		acre) tract with the Northeast line of this tract, S 45 deg. 39' 03"
232	239		E 4231.53 ft. to the PLACE OF BEGINNING, containing 275.81 acres of
233	240		land.]
234	241		SECTION 4. (a) All governmental and proprietary actions of
235	242		the LaSalle Municipal Utility District No. 5 taken before the
236	243		effective date of this Act, including the creation of the district,
237	244		the consent to create the district granted by the City of San
238	245		Marcos, the consent agreement relating to the district and any
239	246		amendments to that agreement, and any extension of time in which to
240	247		hold a confirmation election for the district, are validated,
241	248		ratified, and confirmed in all respects.
242	249		(b) This section does not apply to any matter that on the
243	250		effective date of this Act:
244	251		(1) is involved in litigation if the litigation
245	252		ultimately results in the matter being held invalid by a final court
246	253		judgment; or
247	254		(2) has been held invalid by a final court judgment.
248	255		SECTION 5. (a) The legal notice of the intention to
249	256		introduce this Act, setting forth the general substance of this
250	257		Act, has been published as provided by law, and the notice and a
251	258		copy of this Act have been furnished to all persons, agencies,
252	259		officials, or entities to which they are required to be furnished
253	260		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
254	261		Government Code.
255	262		(b) The governor, one of the required recipients, has
256	263		submitted the notice and Act to the Texas Commission on
257	264		Environmental Quality.
258	265		(c) The Texas Commission on Environmental Quality has filed
259	266		its recommendations relating to this Act with the governor, the
260	267		lieutenant governor, and the speaker of the house of
261	268		representatives within the required time.
262	269		(d) All requirements of the constitution and laws of this
263	270		state and the rules and procedures of the legislature with respect
264	271		to the notice, introduction, and passage of this Act are fulfilled
265	272		and accomplished.
266	273		SECTION 6. For purposes of Section 8476.052(b)(2), Special
267	274		District Local Laws Code, as amended by this Act, the effective date
268	275		of the temporary directors' designation is the effective date of
269	276		this Act.
270	277		SECTION 7. This Act takes effect immediately if it receives
271	278		a vote of two-thirds of all the members elected to each house, as
272	279		provided by Section 39, Article III, Texas Constitution. If this
273	280		Act does not receive the vote necessary for immediate effect, this
274	281		Act takes effect September 1, 2017.
275		-	______________________________ ______________________________
276		-	President of the Senate Speaker of the House
277		-	I certify that H.B. No. 4314 was passed by the House on May
278		-	19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not
279		-	voting.
280		-	______________________________
281		-	Chief Clerk of the House
282		-	I certify that H.B. No. 4314 was passed by the Senate on May
283		-	24, 2017, by the following vote: Yeas 30, Nays 1.
284		-	______________________________
285		-	Secretary of the Senate
286		-	APPROVED: _____________________
287		-	Date
288		-	_____________________
289		-	Governor
	282	+	* * * * *