Texas 2017 - 85th Regular

Texas House Bill HB4325 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4325
	1	+	By: King of Parker (Senate Sponsor - Estes) H.B. No. 4325
	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 creation of the Wise County Municipal Utility
6	12		District No. 4; granting a limited power of eminent domain;
7	13		providing authority to issue bonds; providing authority to impose
8	14		assessments, fees, and taxes.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	17		Code, is amended by adding Chapter 8007 to read as follows:
12	18		CHAPTER 8007. WISE COUNTY MUNICIPAL UTILITY DISTRICT NO. 4
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 8007.001. DEFINITIONS. In this chapter:
15	21		(1) "Board" means the district's board of directors.
16	22		(2) "Commission" means the Texas Commission on
17	23		Environmental Quality.
18	24		(3) "Director" means a board member.
19	25		(4) "District" means the Wise County Municipal Utility
20	26		District No. 4.
21	27		Sec. 8007.002. NATURE OF DISTRICT. The district is a
22	28		municipal utility district created under Section 59, Article XVI,
23	29		Texas Constitution.
24	30		Sec. 8007.003. CONFIRMATION AND DIRECTORS' ELECTION
25	31		REQUIRED. The temporary directors shall hold an election to
26	32		confirm the creation of the district and to elect five permanent
27	33		directors as provided by Section 49.102, Water Code.
28	34		Sec. 8007.004. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section 8007.003
30	36		until each municipality in whose corporate limits or
31	37		extraterritorial jurisdiction the district is located has
32	38		consented by ordinance or resolution to the creation of the
33	39		district and to the inclusion of land in the district.
34	40		Sec. 8007.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
35	41		The district is created to serve a public purpose and benefit.
36	42		(b) The district is created to accomplish the purposes of:
37	43		(1) a municipal utility district as provided by
38	44		general law and Section 59, Article XVI, Texas Constitution; and
39	45		(2) Section 52, Article III, Texas Constitution, that
40	46		relate to the construction, acquisition, improvement, operation,
41	47		or maintenance of macadamized, graveled, or paved roads, or
42	48		improvements, including storm drainage, in aid of those roads.
43	49		Sec. 8007.006. INITIAL DISTRICT TERRITORY. (a) The
44	50		district is initially composed of the territory described by
45	51		Section 2 of the Act enacting this chapter.
46	52		(b) The boundaries and field notes contained in Section 2 of
47	53		the Act enacting this chapter form a closure. A mistake made in the
48	54		field notes or in copying the field notes in the legislative process
49	55		does not affect the district's:
50	56		(1) organization, existence, or validity;
51	57		(2) right to issue any type of bond for the purposes
52	58		for which the district is created or to pay the principal of and
53	59		interest on a bond;
54	60		(3) right to impose a tax; or
55	61		(4) legality or operation.
56	62		SUBCHAPTER B. BOARD OF DIRECTORS
57	63		Sec. 8007.051. GOVERNING BODY; TERMS. (a) The district is
58	64		governed by a board of five elected directors.
59	65		(b) Except as provided by Section 8007.052, directors serve
60	66		staggered four-year terms.
61	67		Sec. 8007.052. TEMPORARY DIRECTORS. (a) On or after
62	68		September 1, 2017, the owner or owners of a majority of the assessed
63	69		value of the real property in the district may submit a petition to
64	70		the commission requesting that the commission appoint as temporary
65	71		directors the five persons named in the petition. The commission
66	72		shall appoint as temporary directors the five persons named in the
67	73		petition.
68	74		(b) Temporary directors serve until the earlier of:
69	75		(1) the date permanent directors are elected under
70	76		Section 8007.003; or
71	77		(2) September 1, 2021.
72	78		(c) If permanent directors have not been elected under
73	79		Section 8007.003 and the terms of the temporary directors have
74	80		expired, successor temporary directors shall be appointed or
75	81		reappointed as provided by Subsection (d) to serve terms that
76	82		expire on the earlier of:
77	83		(1) the date permanent directors are elected under
78	84		Section 8007.003; or
79	85		(2) the fourth anniversary of the date of the
80	86		appointment or reappointment.
81	87		(d) If Subsection (c) applies, the owner or owners of a
82	88		majority of the assessed value of the real property in the district
83	89		may submit a petition to the commission requesting that the
84	90		commission appoint as successor temporary directors the five
85	91		persons named in the petition. The commission shall appoint as
86	92		successor temporary directors the five persons named in the
87	93		petition.
88	94		SUBCHAPTER C. POWERS AND DUTIES
89	95		Sec. 8007.101. GENERAL POWERS AND DUTIES. The district has
90	96		the powers and duties necessary to accomplish the purposes for
91	97		which the district is created.
92	98		Sec. 8007.102. MUNICIPAL UTILITY DISTRICT POWERS AND
93	99		DUTIES. The district has the powers and duties provided by the
94	100		general law of this state, including Chapters 49 and 54, Water Code,
95	101		applicable to municipal utility districts created under Section 59,
96	102		Article XVI, Texas Constitution.
97	103		Sec. 8007.103. AUTHORITY FOR ROAD PROJECTS. Under Section
98	104		52, Article III, Texas Constitution, the district may design,
99	105		acquire, construct, finance, issue bonds for, improve, operate,
100	106		maintain, and convey to this state, a county, or a municipality for
101	107		operation and maintenance macadamized, graveled, or paved roads, or
102	108		improvements, including storm drainage, in aid of those roads.
103	109		Sec. 8007.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
104	110		project must meet all applicable construction standards, zoning and
105	111		subdivision requirements, and regulations of each municipality in
106	112		whose corporate limits or extraterritorial jurisdiction the road
107	113		project is located.
108	114		(b) If a road project is not located in the corporate limits
109	115		or extraterritorial jurisdiction of a municipality, the road
110	116		project must meet all applicable construction standards,
111	117		subdivision requirements, and regulations of each county in which
112	118		the road project is located.
113	119		(c) If the state will maintain and operate the road, the
114	120		Texas Transportation Commission must approve the plans and
115	121		specifications of the road project.
116	122		Sec. 8007.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
117	123		OR RESOLUTION. The district shall comply with all applicable
118	124		requirements of any ordinance or resolution that is adopted under
119	125		Section 54.016 or 54.0165, Water Code, and that consents to the
120	126		creation of the district or to the inclusion of land in the
121	127		district.
122	128		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
123	129		Sec. 8007.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
124	130		district may issue, without an election, bonds and other
125	131		obligations secured by:
126	132		(1) revenue other than ad valorem taxes; or
127	133		(2) contract payments described by Section 8007.153.
128	134		(b) The district must hold an election in the manner
129	135		provided by Chapters 49 and 54, Water Code, to obtain voter approval
130	136		before the district may impose an ad valorem tax or issue bonds
131	137		payable from ad valorem taxes.
132	138		(c) The district may not issue bonds payable from ad valorem
133	139		taxes to finance a road project unless the issuance is approved by a
134	140		vote of a two-thirds majority of the district voters voting at an
135	141		election held for that purpose.
136	142		Sec. 8007.152. OPERATION AND MAINTENANCE TAX. (a) If
137	143		authorized at an election held under Section 8007.151, the district
138	144		may impose an operation and maintenance tax on taxable property in
139	145		the district in accordance with Section 49.107, Water Code.
140	146		(b) The board shall determine the tax rate. The rate may not
141	147		exceed the rate approved at the election.
142	148		Sec. 8007.153. CONTRACT TAXES. (a) In accordance with
143	149		Section 49.108, Water Code, the district may impose a tax other than
144	150		an operation and maintenance tax and use the revenue derived from
145	151		the tax to make payments under a contract after the provisions of
146	152		the contract have been approved by a majority of the district voters
147	153		voting at an election held for that purpose.
148	154		(b) A contract approved by the district voters may contain a
149	155		provision stating that the contract may be modified or amended by
150	156		the board without further voter approval.
151	157		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
152	158		Sec. 8007.201. AUTHORITY TO ISSUE BONDS AND OTHER
153	159		OBLIGATIONS. The district may issue bonds or other obligations
154	160		payable wholly or partly from ad valorem taxes, impact fees,
155	161		revenue, contract payments, grants, or other district money, or any
156	162		combination of those sources, to pay for any authorized district
157	163		purpose.
158	164		Sec. 8007.202. TAXES FOR BONDS. At the time the district
159	165		issues bonds payable wholly or partly from ad valorem taxes, the
160	166		board shall provide for the annual imposition of a continuing
161	167		direct ad valorem tax, without limit as to rate or amount, while all
162	168		or part of the bonds are outstanding as required and in the manner
163	169		provided by Sections 54.601 and 54.602, Water Code.
164	170		Sec. 8007.203. BONDS FOR ROAD PROJECTS. At the time of
165	171		issuance, the total principal amount of bonds or other obligations
166	172		issued or incurred to finance road projects and payable from ad
167	173		valorem taxes may not exceed one-fourth of the assessed value of the
168	174		real property in the district.
169	175		SECTION 2. The Wise County Municipal Utility District No. 4
170	176		initially includes all the territory contained in the following
171	177		area:
172	178		Description for a 97.93 acre tract of land situated in the T&P
173	179		R.R. CO. SURVEY, Section 39, Abstract No. 847, and the
174	180		R. ROUNDTREE SURVEY, Abstract No. 734, Wise County, Texas, said
175	181		tract being the same tracts of land described as First Tract and
176	182		Second Tract, described in deed to Mary Elizabeth Harrington Klein,
177	183		Merle Floyd Harrington, Jr. and Robert Ernest Harrington, recorded
178	184		in Document No. 201400003, Official Public Records, Wise County,
179	185		Texas and being more particularly described as follows:
180	186		COMMENCING from a 1" pipe found at the Northeast corner of
181	187		that certain tract of land described in deed to Rickey Morrison and
182	188		wife Sarah P. Morrison, recorded in Volume 105, Page 786, Real
183	189		Records, Wise County, Texas, said pipe being by deed call for the
184	190		Northwest corner of the James B. Smith Survey, Abstract No. 1202,
185	191		said pipe also being in the West line of McVoid Road;
186	192		THENCE N 89°36'30" E, 573.15 feet to a p.k. nail set at the
187	193		intersection of said McVoid Road and County Road No. 4797 for the
188	194		POINT OF BEGINNING;
189	195		THENCE S 89°36'30" W, at 573.15 feet passing said 1" iron
190	196		found at the Northeast corner of said Volume 105, Page 786 and
191	197		continuing with the North line of said Volume 105, Page 786, passing
192	198		the Northwest corner of said Volume 105, Page 786 and the most
193	199		Northerly Northeast corner of that certain tract of land described
194	200		in deed to Mack Brandon Hill and Rae Lynn Hill, recorded in Volume
195	201		586, Page 458, Real Records, Wise County, Texas, continuing with
196	202		the North line of said Volume 586, Page 458, in all, 1683.33 feet to
197	203		a wood fence post, said post being for the Southeast corner of that
198	204		certain tract of land described in deed to Gervais W. Trichel, III
199	205		and Vicky Lynn Trichel, recorded in Volume 2433, Page 1111,
200	206		Official Public Records, WIse County, Texas;
201	207		THENCE N 00°36'06" W, with the East line of said Volume 2433,
202	208		Page 1111, 2269.10 feet to a 1/2" iron found in County Road
203	209		No. 4898, said iron being for the Northeast corner of said Volume
204	210		2433, Page 1111;
205	211		THENCE S 89°45'16" E, with said County Road No. 4898, 466.67
206	212		feet to a capped iron set in the East line of said County Road
207	213		No. 4898;
208	214		THENCE N 00°23'30" W, with said County Road No. 4898, 367.34
209	215		feet to a p.k. nail set at the intersection of said County Road
210	216		No. 4898 and said County Road No. 4797;
211	217		THENCE S 89°57'20" E, with said County Road No. 4797, 1225.04
212	218		feet to a capped iron set in the Northeasterly line of said County
213	219		Road No. 4797;
214	220		THENCE S 00°23'30" E, with said County Road No. 4797, 2621.90
215	221		feet to the POINT OF BEGINNING and containing 97.93 acres of land.
216	222		SECTION 3. (a) The legal notice of the intention to
217	223		introduce this Act, setting forth the general substance of this
218	224		Act, has been published as provided by law, and the notice and a
219	225		copy of this Act have been furnished to all persons, agencies,
220	226		officials, or entities to which they are required to be furnished
221	227		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
222	228		Government Code.
223	229		(b) The governor, one of the required recipients, has
224	230		submitted the notice and Act to the Texas Commission on
225	231		Environmental Quality.
226	232		(c) The Texas Commission on Environmental Quality has filed
227	233		its recommendations relating to this Act with the governor, the
228	234		lieutenant governor, and the speaker of the house of
229	235		representatives within the required time.
230	236		(d) All requirements of the constitution and laws of this
231	237		state and the rules and procedures of the legislature with respect
232	238		to the notice, introduction, and passage of this Act are fulfilled
233	239		and accomplished.
234	240		SECTION 4. (a) If this Act does not receive a two-thirds
235	241		vote of all the members elected to each house, Subchapter C, Chapter
236	242		8007, Special District Local Laws Code, as added by Section 1 of
237	243		this Act, is amended by adding Section 8007.106 to read as follows:
238	244		Sec. 8007.106. NO EMINENT DOMAIN POWER. The district may
239	245		not exercise the power of eminent domain.
240	246		(b) This section is not intended to be an expression of a
241	247		legislative interpretation of the requirements of Section 17(c),
242	248		Article I, Texas Constitution.
243	249		SECTION 5. This Act takes effect September 1, 2017.
244		-	______________________________ ______________________________
245		-	President of the Senate Speaker of the House
246		-	I certify that H.B. No. 4325 was passed by the House on May
247		-	19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not
248		-	voting.
249		-	______________________________
250		-	Chief Clerk of the House
251		-	I certify that H.B. No. 4325 was passed by the Senate on May
252		-	24, 2017, by the following vote: Yeas 30, Nays 1.
253		-	______________________________
254		-	Secretary of the Senate
255		-	APPROVED: _____________________
256		-	Date
257		-	_____________________
258		-	Governor
	250	+	* * * * *