Texas 2017 - 85th Regular

Texas House Bill HB4340 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4340
	1	+	By: Wilson (Senate Sponsor - Schwertner) H.B. No. 4340
	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 Williamson County Municipal Utility
6	12		District No. 34; 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 8008 to read as follows:
12	18		CHAPTER 8008. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 34
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 8008.001. 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 Williamson County Municipal
20	26		Utility District No. 34.
21	27		Sec. 8008.002. 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. 8008.003. 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. 8008.004. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section 8008.003
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. 8008.005. 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. 8008.006. 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. 8008.051. 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 8008.052, directors serve
60	66		staggered four-year terms.
61	67		Sec. 8008.052. TEMPORARY DIRECTORS. (a) On or after the
62	68		effective date of the Act enacting this chapter, the owner or owners
63	69		of a majority of the assessed value of the real property in the
64	70		district may submit a petition to the commission requesting that
65	71		the commission appoint as temporary directors the five persons
66	72		named in the petition. The commission shall appoint as temporary
67	73		directors the five persons named in the petition.
68	74		(b) Temporary directors serve until the earlier of:
69	75		(1) the date permanent directors are elected under
70	76		Section 8008.003; or
71	77		(2) the fourth anniversary of the effective date of
72	78		the Act enacting this chapter.
73	79		(c) If permanent directors have not been elected under
74	80		Section 8008.003 and the terms of the temporary directors have
75	81		expired, successor temporary directors shall be appointed or
76	82		reappointed as provided by Subsection (d) to serve terms that
77	83		expire on the earlier of:
78	84		(1) the date permanent directors are elected under
79	85		Section 8008.003; or
80	86		(2) the fourth anniversary of the date of the
81	87		appointment or reappointment.
82	88		(d) If Subsection (c) applies, the owner or owners of a
83	89		majority of the assessed value of the real property in the district
84	90		may submit a petition to the commission requesting that the
85	91		commission appoint as successor temporary directors the five
86	92		persons named in the petition. The commission shall appoint as
87	93		successor temporary directors the five persons named in the
88	94		petition.
89	95		SUBCHAPTER C. POWERS AND DUTIES
90	96		Sec. 8008.101. GENERAL POWERS AND DUTIES. The district has
91	97		the powers and duties necessary to accomplish the purposes for
92	98		which the district is created.
93	99		Sec. 8008.102. MUNICIPAL UTILITY DISTRICT POWERS AND
94	100		DUTIES. The district has the powers and duties provided by the
95	101		general law of this state, including Chapters 49 and 54, Water Code,
96	102		applicable to municipal utility districts created under Section 59,
97	103		Article XVI, Texas Constitution.
98	104		Sec. 8008.103. AUTHORITY FOR ROAD PROJECTS. Under Section
99	105		52, Article III, Texas Constitution, the district may design,
100	106		acquire, construct, finance, issue bonds for, improve, operate,
101	107		maintain, and convey to this state, a county, or a municipality for
102	108		operation and maintenance macadamized, graveled, or paved roads, or
103	109		improvements, including storm drainage, in aid of those roads.
104	110		Sec. 8008.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
105	111		project must meet all applicable construction standards, zoning and
106	112		subdivision requirements, and regulations of each municipality in
107	113		whose corporate limits or extraterritorial jurisdiction the road
108	114		project is located.
109	115		(b) If a road project is not located in the corporate limits
110	116		or extraterritorial jurisdiction of a municipality, the road
111	117		project must meet all applicable construction standards,
112	118		subdivision requirements, and regulations of each county in which
113	119		the road project is located.
114	120		(c) If the state will maintain and operate the road, the
115	121		Texas Transportation Commission must approve the plans and
116	122		specifications of the road project.
117	123		Sec. 8008.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
118	124		OR RESOLUTION. (a) The district shall comply with all applicable
119	125		requirements of any ordinance or resolution that is adopted under
120	126		Section 54.016 or 54.0165, Water Code, and that consents to the
121	127		creation of the district or to the inclusion of land in the
122	128		district.
123	129		(b) In addition to all the rights and remedies provided by
124	130		other law, if the district violates the terms of an ordinance or
125	131		resolution described by Subsection (a), the municipality is
126	132		entitled to injunctive relief or a writ of mandamus issued by a
127	133		court requiring the district and the district's officials to
128	134		observe and comply with the terms of the ordinance or resolution.
129	135		Sec. 8008.106. LIMITATION ON USE OF EMINENT DOMAIN. The
130	136		district may not exercise the power of eminent domain outside the
131	137		district without the written consent of the City of Weir.
132	138		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
133	139		Sec. 8008.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
134	140		district may issue, without an election, bonds and other
135	141		obligations secured by revenue other than ad valorem taxes.
136	142		(b) The district must hold an election in the manner
137	143		provided by Chapters 49 and 54, Water Code, to obtain voter approval
138	144		before the district may impose an ad valorem tax or issue bonds
139	145		payable from ad valorem taxes.
140	146		(c) The district may not issue bonds payable from ad valorem
141	147		taxes to finance a road project unless the issuance is approved by a
142	148		vote of a two-thirds majority of the district voters voting at an
143	149		election held for that purpose.
144	150		Sec. 8008.152. OPERATION AND MAINTENANCE TAX. (a) If
145	151		authorized at an election held under Section 8008.151, the district
146	152		may impose an operation and maintenance tax on taxable property in
147	153		the district in accordance with Section 49.107, Water Code.
148	154		(b) The board shall determine the tax rate. The rate may not
149	155		exceed the rate approved at the election.
150	156		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
151	157		Sec. 8008.201. AUTHORITY TO ISSUE BONDS AND OTHER
152	158		OBLIGATIONS. The district may issue bonds or other obligations
153	159		payable wholly or partly from ad valorem taxes, impact fees,
154	160		revenue, contract payments, grants, or other district money, or any
155	161		combination of those sources, to pay for any authorized district
156	162		purpose.
157	163		Sec. 8008.202. TAXES FOR BONDS. At the time the district
158	164		issues bonds payable wholly or partly from ad valorem taxes, the
159	165		board shall provide for the annual imposition of a continuing
160	166		direct ad valorem tax, without limit as to rate or amount, while all
161	167		or part of the bonds are outstanding as required and in the manner
162	168		provided by Sections 54.601 and 54.602, Water Code.
163	169		Sec. 8008.203. BONDS FOR ROAD PROJECTS. At the time of
164	170		issuance, the total principal amount of bonds or other obligations
165	171		issued or incurred to finance road projects and payable from ad
166	172		valorem taxes may not exceed one-fourth of the assessed value of the
167	173		real property in the district.
168	174		SECTION 2. The Williamson County Municipal Utility District
169	175		No. 34 initially includes all the territory contained in the
170	176		following area:
171	177		BEING 40.00 acres of land, situated in the Samuel Nimmo
172	178		Survey, Abstract No. 481, in Williamson County, Texas, said land
173	179		being a portion of that certain First Tract, called 121.15 acres, as
174	180		conveyed to K&B Limited Partnership by deed as recorded in Volume
175	181		2079, Page 68, of the Official Records of Williamson County, Texas.
176	182		Surveyed on the ground in the month of August, 2006, under the
177	183		supervision of Brian F. Peterson, Registered Professional Land
178	184		Surveyor, and being more particularly described as follows;
179	185		BEGINNING for Reference at a 1" x 1" steel rod found on the
180	186		east side of a ditch, 6 feet west of the edge of pavement on the west
181	187		side of County Road No. 120, marking the Northeast corner of the
182	188		above-referenced 121.15 acre First Tract, being the most easterly
183	189		Southeast corner of that certain Tract No. 1, called 147.32 acres,
184	190		as conveyed to Anton P. Schwertner and his wife, Bernice
185	191		Schwertner, by deed as recorded in Volume 495, Page 621, of the Deed
186	192		Records of Williamson County, Texas;
187	193		THENCE, along the north line of the said 121.15 acre Frist
188	194		Tract, being the south line of the said 147.32 acre Tract No. 1, S
189	195		71° 00' W, 16.33 feet to an iron pin set at the top of a berm on the
190	196		occupied west line of County Road No. 120, for the Northeast corner
191	197		and Point of BEGINNING hereof;
192	198		THENCE, along the top of the said berm along the said occupied
193	199		west line of County Road No. 120, S 19° 17' 15" E, 177.12 feet to an
194	200		iron pin set; S 18° 04' E, 362.94 feet to an iron pin set; S 19° 01'
195	201		30" E, at 420.25 feet pass an iron pin set for a total distance of
196	202		774.83 feet, in all, to an iron pin set and S 25° 24' 15" W, 56.52
197	203		feet to an iron pin set for the Southeast corner hereof;
198	204		THENCE, along the occupied north line of County Road No. 120,
199	205		S 44° 07' 45" W, 54.89 feet to an iron pin set; S 70° 25' 45" W, 626,75
200	206		feet to an iron pin set; S 67° 35' 30" W, 67.37 feet to an iron pin
201	207		set; S 71° 14' 30" W, 362.95 feet to an iron pin set and S 71° 41' 30"
202	208		W, 112.64 feet to an iron pin set for the Southwest corner hereof;
203	209		THENCE, N 19° 00' W, 1,387.42 feet to an iron pin set on the
204	210		said north line of the 121.15 acre First Tract, being the said south
205	211		line of the 147.32 acre Tract No. 1, for the Northwest corner
206	212		hereof; from said point an iron pin found at an 8" Pecan tree
207	213		marking the most easterly Northwest corner of the said 121.15 acre
208	214		First Tract, being an interior corner of the said 147.32 acre Tract
209	215		No. 1 bears S 71° 00' W, 1,066.11 feet;
210	216		THENCE, N 71° 00' E, 1,262.76 feet to the Place of BEGINNING
211	217		and containing 40.00 acres of land.
212	218		SECTION 3. (a) The legal notice of the intention to
213	219		introduce this Act, setting forth the general substance of this
214	220		Act, has been published as provided by law, and the notice and a
215	221		copy of this Act have been furnished to all persons, agencies,
216	222		officials, or entities to which they are required to be furnished
217	223		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
218	224		Government Code.
219	225		(b) The governor, one of the required recipients, has
220	226		submitted the notice and Act to the Texas Commission on
221	227		Environmental Quality.
222	228		(c) The Texas Commission on Environmental Quality has filed
223	229		its recommendations relating to this Act with the governor, the
224	230		lieutenant governor, and the speaker of the house of
225	231		representatives within the required time.
226	232		(d) All requirements of the constitution and laws of this
227	233		state and the rules and procedures of the legislature with respect
228	234		to the notice, introduction, and passage of this Act are fulfilled
229	235		and accomplished.
230	236		SECTION 4. (a) Section 8008.106, Special District Local
231	237		Laws Code, as added by Section 1 of this Act, takes effect only if
232	238		this Act receives a two-thirds vote of all the members elected to
233	239		each house.
234	240		(b) If this Act does not receive a two-thirds vote of all the
235	241		members elected to each house, Subchapter C, Chapter 8008, Special
236	242		District Local Laws Code, as added by Section 1 of this Act, is
237	243		amended by adding Section 8008.106 to read as follows:
238	244		Sec. 8008.106. NO EMINENT DOMAIN POWER. The district may
239	245		not exercise the power of eminent domain.
240	246		(c) 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 immediately if it receives
244	250		a vote of two-thirds of all the members elected to each house, as
245	251		provided by Section 39, Article III, Texas Constitution. If this
246	252		Act does not receive the vote necessary for immediate effect, this
247	253		Act takes effect September 1, 2017.
248		-	______________________________ ______________________________
249		-	President of the Senate Speaker of the House
250		-	I certify that H.B. No. 4340 was passed by the House on May
251		-	19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not
252		-	voting.
253		-	______________________________
254		-	Chief Clerk of the House
255		-	I certify that H.B. No. 4340 was passed by the Senate on May
256		-	24, 2017, by the following vote: Yeas 30, Nays 1.
257		-	______________________________
258		-	Secretary of the Senate
259		-	APPROVED: _____________________
260		-	Date
261		-	_____________________
262		-	Governor
	254	+	* * * * *