Texas 2017 - 85th Regular

Texas Senate Bill SB2298 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2298
	1	+	By: Zaffirini S.B. No. 2298
	2	+	(Isaac)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the temporary board of and financing of certain
6	8		facilities and improvements by the LaSalle Municipal Utility
7	9		District No. 4; providing authority to impose an assessment.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Sections 8475.052(a) and (b), Special District
10	12		Local Laws Code, are amended to read as follows:
11	13		(a) The temporary board consists of:
12	14		(1) Curby Ohnheiser;
13	15		(2) Bill Zukaukas;
14	16		(3) James Hines;
15	17		(4) Sam Siddons; and
16	18		(5) Terry Zrubek [On or after the effective date of the
17	19		Act enacting this chapter, the owner or owners of a majority of the
18	20		assessed value of the real property in the district may submit a
19	21		petition to the commission requesting that the commission appoint
20	22		as temporary directors the five persons named in the petition. The
21	23		commission shall appoint as temporary directors the five persons
22	24		named in the petition].
23	25		(b) Temporary directors serve until the earlier of:
24	26		(1) the date permanent directors are elected under
25	27		Section 8475.003; or
26	28		(2) the fourth anniversary of the effective date of
27	29		their designation [the Act enacting this chapter].
28	30		SECTION 2. Section 8475.201, Special District Local Laws
29	31		Code, is amended to read as follows:
30	32		Sec. 8475.201. AUTHORITY TO ISSUE BONDS AND OTHER
31	33		OBLIGATIONS. (a) Except as provided by Subsection (b), the [The]
32	34		district may issue bonds or other obligations payable wholly or
33	35		partly from ad valorem taxes, impact fees, revenue, contract
34	36		payments, grants, or other district money, or any combination of
35	37		those sources, to pay for any authorized district purpose.
36	38		(b) The district may not issue bonds payable wholly or
37	39		partly from assessments.
38	40		SECTION 3. Chapter 8475, Special District Local Laws Code,
39	41		is amended by adding Subchapter F to read as follows:
40	42		SUBCHAPTER F. ASSESSMENTS; APPLICABILITY OF ASSESSMENTS
41	43		Sec. 8475.251. PETITION REQUIRED FOR FINANCING
42	44		IMPROVEMENTS AND RECREATIONAL FACILITIES WITH ASSESSMENTS.
43	45		(a) Except as provided by this subchapter, the board may finance
44	46		the construction or maintenance of a recreational facility or
45	47		improvement with assessments on property under this subchapter only
46	48		if:
47	49		(1) a written petition requesting that facility or
48	50		improvement has been filed with the board; and
49	51		(2) the board holds a hearing on the proposed
50	52		assessments.
51	53		(b) The petition must be signed by the owners of a majority
52	54		of the assessed value of real property in the district subject to
53	55		assessment according to the most recent certified tax appraisal
54	56		roll for the county.
55	57		Sec. 8475.252. MISCELLANEOUS DESIGN, CONSTRUCTION, AND
56	58		MAINTENANCE. An improvement or recreational facility project may
57	59		include the planning, design, construction, improvement, and
58	60		maintenance of:
59	61		(1) landscaping;
60	62		(2) marinas and bridges;
61	63		(3) lighting, banners, and signs;
62	64		(4) hiking and cycling paths or trails;
63	65		(5) sidewalks, pedestrian walkways, skywalks,
64	66		crosswalks, or tunnels;
65	67		(6) ponds, lakes, recreational facilities, or scenic
66	68		areas;
67	69		(7) plazas or pedestrian malls;
68	70		(8) drainage or navigation improvements; or
69	71		(9) solid waste, water, sewer, or power facilities,
70	72		including electrical and gas power facilities.
71	73		Sec. 8475.253. METHOD OF NOTICE FOR HEARING. The district
72	74		shall mail notice of the hearing to each property owner in the
73	75		district who will be subject to the assessment at the current
74	76		address to be assessed as reflected on the tax rolls. The district
75	77		may mail the notice by certified or first class United States mail.
76	78		The board shall determine the method of notice.
77	79		Sec. 8475.254. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) An
78	80		assessment or a reassessment imposed under this subchapter by the
79	81		district, penalties and interest on an assessment or reassessment,
80	82		an expense of collection, and reasonable attorney's fees incurred
81	83		by the district:
82	84		(1) are a first and prior lien against the property
83	85		assessed;
84	86		(2) are superior to any other lien or claim other than
85	87		a lien or claim for county, school district, or municipal ad valorem
86	88		taxes; and
87	89		(3) are the personal liability of and a charge against
88	90		the owners of the property even if the owners are not named in the
89	91		assessment proceedings.
90	92		(b) The lien is effective from the date of the board's
91	93		resolution imposing the assessment until the date the assessment is
92	94		paid. The board may enforce the lien in the same manner that the
93	95		board may enforce an ad valorem tax lien against real property.
94	96		(c) The board may make a correction to or deletion from the
95	97		assessment roll that does not increase the amount of assessment of
96	98		any parcel of land without providing notice and holding a hearing in
97	99		the manner required for additional assessments.
98	100		Sec. 8475.255. UTILITY PROPERTY EXEMPT FROM ASSESSMENTS.
99	101		The district may not impose an assessment on the property,
100	102		including the equipment, rights-of-way, facilities, or
101	103		improvements, of:
102	104		(1) an electric utility or a power generation company
103	105		as defined by Section 31.002, Utilities Code;
104	106		(2) a gas utility as defined by Section 101.003 or
105	107		121.001, Utilities Code;
106	108		(3) a telecommunications provider as defined by
107	109		Section 51.002, Utilities Code; or
108	110		(4) a person who provides to the public cable
109	111		television or advanced telecommunications services.
110	112		SECTION 4. Section 2, Chapter 628, Acts of the 83rd
111	113		Legislature, Regular Session, 2013, is amended to read as follows:
112	114		Sec. 2. The LaSalle Municipal Utility District No. 4
113	115		initially includes all the territory contained in the following
114	116		area:
115	117		BEING A 355.7-ACRE [15,494,304 SQUARE FEET] TRACT OF LAND OUT OF THE
116	118		WILLIAM HEMPHILL SURVEY, ABSTRACT NUMBER 221, HAYS COUNTY, TEXAS,
117	119		SAID 355.7-ACRE TRACT BEING A PORTION OF SAID 765.035-ACRE TRACT,
118	120		SAID 355.7-ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES
119	121		AND BOUNDS AS FOLLOWS:
120	122		BEGINNING at a 1/2-inch iron rod with cap marked "BYRN" found in the
121	123		north right-of-way line of State Highway 21, a varying-width
122	124		right-of-way, for the south corner of said 765.035-acre tract, same
123	125		being the east corner of that called 305-acre tract described as
124	126		"Tract 2" in Special Warranty Deed to Cedar Stump Limited
125	127		Partnership, as recorded in Volume 1489, Page 800, H.C.D.R.;
126	128		THENCE leaving said north right-of-way line of State Highway 21,
127	129		with the southwest line of said 765.035-acre tract, same being the
128	130		northeast line of said 305-acre tract, N46°05'07"W, a distance of
129	131		2,948.64 feet to a 1-inch iron rod found for the north corner of
130	132		said 305-acre tract;
131	133		THENCE continuing with the southwest line of said 765.035-acre
132	134		tract, with the northwest line of said 305-acre tract, S43°29'59"W,
133	135		a distance of 1,332.70 feet to the southwest corner of the tract
134	136		described herein;
135	137		THENCE leaving said southwest line of said 765.035-acre tract and
136	138		said northwest line of the 305-acre tract, crossing said
137	139		765.035-acre tract, the following nine (9) courses and distances:
138	140		1) N46°24'34"W, a distance of 3,056.52 feet to an angle
139	141		point,
140	142		2) N44°18'44"E, a distance of 586.71 feet to a point of
141	143		curvature of a tangent circular curve to the right;
142	144		3) with the arc of said curve to the right a distance of
143	145		2,394.53 feet, said curve having a radius of 1654.00, a central
144	146		angle of 82°56'54" and a chord bearing N86°50'23"E, a distance of
145	147		2,190.83 feet to a point of tangency,
146	148		4) S46°24'32"E, a distance of 792.11 feet to an angle point,
147	149		5) N43°35'28"E, a distance of 248.47 feet to a point of
148	150		curvature of a tangent circular curve to the left,
149	151		6) with the arc of said curve to the left a distance of
150	152		595.11 feet, said curve having a radius of 512.00, a central angle
151	153		of 66°35'45" and a chord bearing N10°17'36"E, a distance of 562.17
152	154		feet to a point of tangency,
153	155		7) N24°53'03"W, a distance of 156.83 feet to a point of
154	156		curvature of a tangent circular curve to the right,
155	157		8) with the arc of said curve to the right a distance of
156	158		793.02 feet, said curve having a radius of 632.00, a central angle
157	159		of 71°53'37" and a chord bearing N10°26'48"E, a distance of 742.01
158	160		feet to a point of tangency, and
159	161		9) N43°22'06"E, a distance of 190.43 feet to a point in the
160	162		east line of said 765.035-acre tract, same being said west line of
161	163		the 140.6-acre tract;
162	164		THENCE with said east line of the 765.035-acre tract and the west
163	165		line of the 140.6-acre tract, S46°43'06"E, a distance of 1,334.98
164	166		feet to a 1/2-inch iron rod found for the southwest corner of said
165	167		140.6-acre tract, same being the northwest corner of that called
166	168		82.86-acre tract described as "Tract Two" in General Warranty Deed
167	169		to Robert K. Holdings, L.L.C. as recorded in Volume 5143, Page 808,
168	170		O.P.R.H.C.T.;
169	171		THENCE continuing with said east line of the 765.035-acre tract,
170	172		with the west line of the 82.86-acre tract, S46°36'29"E, a distance
171	173		of 930.53 feet to an iron post found for the southwest corner of
172	174		said 82.86-acre tract, same being the northwest corner of that
173	175		called 82.844-acre tract described in General Warranty Deed to
174	176		Stork Estates, LLC as recorded in Volume 5390, Page 624,
175	177		O.P.R.H.C.T.;
176	178		THENCE continuing with said east line of the 765.035-acre tract,
177	179		with the west line of said 82.844-acre tract, S46°27'06"E, a
178	180		distance of 1,203.82 feet to a 1/2-inch iron rod found for the
179	181		southwest corner of said 82.844-acre tract, same being the
180	182		northwest corner of the remainder of that called 100-acre tract
181	183		described to Fred W. Hoffman, Sr., as recorded in Volume 188, Page
182	184		499, O.P.R.H.C.T.;
183	185		THENCE continuing with said east line of the 765.035-acre tract,
184	186		same being the west line of the remainder the 100-acre tract,
185	187		S46°36'00"E, a distance of 1,031.87 feet to a 5/8-inch iron rod with
186	188		cap marked "HOFFMAN" found in said north right-of-way line of State
187	189		Highway 21, for the east corner of said 765.035-acre tract and the
188	190		east corner of the tract described herein;
189	191		THENCE leaving said east line of the 765.035-acre tract and said
190	192		west line of the remainder the 100-acre tract, with said north
191	193		right-of-way line of State Highway 21 and said south line of the
192	194		765.035-acre tract, the following three (3) courses and distances:
193	195		1) S48°11'06"W, a distance of 178.89 feet to a 1/2-inch iron
194	196		rod with cap marked "BYRN" found for a point of curvature of a
195	197		non-tangent circular curve to the left;
196	198		2) with the arc of said curve to the left a distance of
197	199		830.82 feet, said curve having a radius of 5,779.51 feet, a central
198	200		angle of 8°14'11" and a chord bearing S52°21'11"W, a distance of
199	201		830.10 feet to a broken TxDOT concrete monument found for a point of
200	202		non-tangency, and
201	203		3) S48°11'24"W, a distance of 1,475.12 feet to the POINT OF
202	204		BEGINNING, and containing 355.7 acres [15,494,304 square feet].
203	205		[FIELD NOTE DESCRIPTION OF 535.54 ACRES OF LAND OUT OF THE WILLIAM
204	206		HEMPHILL SURVEY ABSTRACT No. 221 IN HAYS COUNTY, TEXAS, BEING A
205	207		PORTION OF THAT CERTAIN (811.38 ACRE) TRACT OF LAND AS CONVEYED TO
206	208		LASALLE HOLDINGS, LTD. BY SPECIAL WARRANTY DEED RECORDED IN VOLUME
207	209		2909 PAGE 684 OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS,
208	210		AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
209	211		FOLLOWS:
210	212		[BEGINNING at a capped iron rod found (marked "ProTech") in the
211	213		Northwest line of the Old San Antonio Road for the most Easterly
212	214		corner of that certain (811.38 acre) tract of land as conveyed to
213	215		LaSalle Holdings by Special Warranty Deed recorded in Volume 2909
214	216		Page 684 of the Official Public Records of Hays County, Texas, and
215	217		being the most Easterly corner and PLACE OF BEGINNING of the herein
216	218		described tract of land;
217	219		[THENCE with the Southeast line of said LaSalle Holdings (811.38
218	220		acre) tract, S 48 deg. 44' 13" W 178.85 ft. to a capped iron rod
219	221		found (marked "Byrn") at the point of intersection with the curving
220	222		Northwest right-of-way line State Highway No. 21 for an angle
221	223		corner of this tract;
222	224		[THENCE with the Northwest right-of-way line of State Highway No.
223	225		21, the following two (2) courses;
224	226		[1) along a curve to the left with a radius of 5779.51 ft. for
225	227		an arc length of 830.52 ft. and which chord bears S 52 deg. 53' 22" W
226	228		829.80 ft. to a PK nail found in a broken concrete monument for a
227	229		point of tangency;
228	230		[2) S 48 deg. 46' 22" W 1475.74 ft. to a 1/2" iron rod found
229	231		for the most Southerly corner of said LaSalle Holdings (811.38
230	232		acre) tract and for the most Southerly corner of this tract;
231	233		[THENCE leaving the Northwest right-of-way line of State Highway
232	234		No. 21 with a Southerly line of said LaSalle Holdings (811.38 acre)
233	235		tract, the following two (2) courses;
234	236		[1) N 45 deg. 31' 36" W 2950.62 ft.;
235	237		[2) S 44 deg. 02' 00" W 1300.00 ft. to a point for a
236	238		Southwesterly angle corner of this tract;
237	239		[THENCE crossing the interior of said LaSalle Holdings (811.38
238	240		acre) tract with a Southwesterly line of this tract, N 45 deg. 39'
239	241		03" W 4231.53 ft. to a point in the Southeast line of Hays County
240	242		Road No. 158 and in the Northwest line of said LaSalle Holdings
241	243		(811.38 acre) tract and being the most Westerly corner of this
242	244		tract, and from which a 1/2" iron rod found in the Southeast line of
243	245		Hays County Road No. 158 and in the Northwest line of said LaSalle
244	246		Holdings (811.38 acre) tract bears S 43 deg. 26' 25" W 605.66 ft.;
245	247		[THENCE with the Southeast line of Hays County Road No. 158 and with
246	248		the Northwest line of said LaSalle Holdings (811.38 acre) tract,
247	249		the following three (3) courses;
248	250		[1) N 43 deg. 26' 25" E 482.55 ft. to a capped iron rod found
249	251		(marked "Byrn");
250	252		[2) N 43 deg. 23' 06" E 1527.54 ft.;
251	253		[3) N 43 deg. 39' 30" E 1505.40 ft. to a capped iron rod found
252	254		(marked "Byrn") for an angle corner of said LaSalle Holdings
253	255		(811.38 acre) tract and for the West corner of that certain (1.00
254	256		acre) tract of land as conveyed to Drue B. Ewald, et ux, by deed
255	257		recorded in Volume 269 Page 202 of the Deed Records of Hays County,
256	258		Texas;
257	259		[THENCE leaving the Southeast line of Hays County Road No. 158 with
258	260		the common line of said LaSalle Holdings (811.38 acre) tract, the
259	261		following two (2) courses;
260	262		[1) S 44 deg. 58' 54" E 221.56 ft. to a capped iron rod found
261	263		(marked "Jones-Carter");
262	264		[2) N 43 deg. 24' 04" E 198.54 ft. to a 1/2" iron rod found for
263	265		an angle corner of said LaSalle Holdings (811.38 acre) tract and for
264	266		the East corner of said Ewald (1.00 acre) tract and being angle
265	267		corner of this tract;
266	268		[THENCE with the Northeast line of said LaSalle Holdings (811.38
267	269		acre) tract, the following three (3) courses;
268	270		[1) S 46 deg. 09' 07" E 3771.42 ft.;
269	271		[2) S 45 deg. 57' 07" E 2455.99 ft.;
270	272		[3) S 46 deg. 02' 10" E 1031.75 ft. to the PLACE OF BEGINNING,
271	273		containing 535.54 acres of land.]
272	274		SECTION 5. (a) All governmental and proprietary actions of
273	275		the LaSalle Municipal Utility District No. 4 taken before the
274	276		effective date of this Act, including the creation of the district,
275	277		the consent to create the district granted by the City of San
276	278		Marcos, the consent agreement relating to the district and any
277	279		amendments to that agreement, and any extension of time in which to
278	280		hold a confirmation election for the district, are validated,
279	281		ratified, and confirmed in all respects.
280	282		(b) This section does not apply to any matter that on the
281	283		effective date of this Act:
282	284		(1) is involved in litigation if the litigation
283	285		ultimately results in the matter being held invalid by a final court
284	286		judgment; or
285	287		(2) has been held invalid by a final court judgment.
286	288		SECTION 6. (a) The legal notice of the intention to
287	289		introduce this Act, setting forth the general substance of this
288	290		Act, has been published as provided by law, and the notice and a
289	291		copy of this Act have been furnished to all persons, agencies,
290	292		officials, or entities to which they are required to be furnished
291	293		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
292	294		Government Code.
293	295		(b) The governor, one of the required recipients, has
294	296		submitted the notice and Act to the Texas Commission on
295	297		Environmental Quality.
296	298		(c) The Texas Commission on Environmental Quality has filed
297	299		its recommendations relating to this Act with the governor, the
298	300		lieutenant governor, and the speaker of the house of
299	301		representatives within the required time.
300	302		(d) All requirements of the constitution and laws of this
301	303		state and the rules and procedures of the legislature with respect
302	304		to the notice, introduction, and passage of this Act are fulfilled
303	305		and accomplished.
304	306		SECTION 7. For purposes of Section 8475.052(b)(2), Special
305	307		District Local Laws Code, as amended by this Act, the effective date
306	308		of the temporary directors' designation is the effective date of
307	309		this Act.
308	310		SECTION 8. This Act takes effect immediately if it receives
309	311		a vote of two-thirds of all the members elected to each house, as
310	312		provided by Section 39, Article III, Texas Constitution. If this
311	313		Act does not receive the vote necessary for immediate effect, this
312	314		Act takes effect September 1, 2017.
313		-	______________________________ ______________________________
314		-	President of the Senate Speaker of the House
315		-	I hereby certify that S.B. No. 2298 passed the Senate on
316		-	May 19, 2017, by the following vote: Yeas 29, Nays 2.
317		-	______________________________
318		-	Secretary of the Senate
319		-	I hereby certify that S.B. No. 2298 passed the House on
320		-	May 24, 2017, by the following vote: Yeas 137, Nays 9, two
321		-	present not voting.
322		-	______________________________
323		-	Chief Clerk of the House
324		-	Approved:
325		-	______________________________
326		-	Date
327		-	______________________________
328		-	Governor