Texas 2019 - 86th Regular

Texas House Bill HB1434 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R7004 BRG-F
2	2	By: Israel H.B. No. 1434
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Brickston Municipal Utility
8	8	District; granting a limited power of eminent domain; providing
9	9	authority to issue bonds; providing authority to impose
10	10	assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 8038 to read as follows:
14	14	CHAPTER 8038. BRICKSTON MUNICIPAL UTILITY DISTRICT
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8038.0101. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Brickston Municipal Utility
22	22	District.
23	23	Sec. 8038.0102. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 8038.0103. CONFIRMATION AND DIRECTOR ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 8038.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	8038.0103 until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 8038.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 8038.0106. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 8038.0201. GOVERNING BODY; TERMS. (a) The district is
60	60	governed by a board of five elected directors.
61	61	(b) Except as provided by Section 8038.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 8038.0202. TEMPORARY DIRECTORS. (a) On or after the
64	64	effective date of the Act enacting this chapter, the owner or owners
65	65	of a majority of the assessed value of the real property in the
66	66	district may submit a petition to the commission requesting that
67	67	the commission appoint as temporary directors the five persons
68	68	named in the petition. The commission shall appoint as temporary
69	69	directors the five persons named in the petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8038.0103; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act enacting this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 8038.0103 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 8038.0103; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 8038.0301. GENERAL POWERS AND DUTIES. The district
93	93	has the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 8038.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 8038.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
101	101	52, Article III, Texas Constitution, the district may design,
102	102	acquire, construct, finance, issue bonds for, improve, operate,
103	103	maintain, and convey to this state, a county, or a municipality for
104	104	operation and maintenance macadamized, graveled, or paved roads, or
105	105	improvements, including storm drainage, in aid of those roads.
106	106	Sec. 8038.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	107	road project must meet all applicable construction standards,
108	108	zoning and subdivision requirements, and regulations of each
109	109	municipality in whose corporate limits or extraterritorial
110	110	jurisdiction the road project is located.
111	111	(b) If a road project is not located in the corporate limits
112	112	or extraterritorial jurisdiction of a municipality, the road
113	113	project must meet all applicable construction standards,
114	114	subdivision requirements, and regulations of each county in which
115	115	the road project is located.
116	116	(c) If the state will maintain and operate the road, the
117	117	Texas Transportation Commission must approve the plans and
118	118	specifications of the road project.
119	119	Sec. 8038.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120	120	ORDINANCE OR RESOLUTION. The district shall comply with all
121	121	applicable requirements of any ordinance or resolution that is
122	122	adopted under Section 54.016 or 54.0165, Water Code, and that
123	123	consents to the creation of the district or to the inclusion of land
124	124	in the district.
125	125	Sec. 8038.0306. REQUIREMENT FOR AFFORDABLE HOUSING. (a)
126	126	Not less than 7.5 percent of the multifamily residential units
127	127	developed on the real property in the district must be deed
128	128	restricted for rent to individuals or families with incomes at or
129	129	below 30 percent of the area median family income at an annual rent
130	130	not to exceed 30 percent of the income of the individual or family
131	131	renting the unit.
132	132	(b) Not less than 7.5 percent of the multifamily residential
133	133	units developed on the real property in the district must be deed
134	134	restricted for rent to individuals or families with incomes at or
135	135	below 50 percent of the area median family income at an annual rent
136	136	not to exceed 30 percent of the income of the individual or family
137	137	renting the unit.
138	138	(c) Multifamily residential units reserved for rent to
139	139	certain individuals and families under this section must be
140	140	reserved in the same proportion of the type and size of multifamily
141	141	residential units that are offered in the residential development
142	142	as a whole.
143	143	Sec. 8038.0307. CONSISTENCY WITH STATE WATER PLAN. An
144	144	action taken by the district may not be inconsistent with the
145	145	objectives of the most recently adopted state water plan.
146	146	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
147	147	Sec. 8038.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
148	148	The district may issue, without an election, bonds and other
149	149	obligations secured by:
150	150	(1) revenue other than ad valorem taxes; or
151	151	(2) contract payments described by Section 8038.0403.
152	152	(b) The district must hold an election in the manner
153	153	provided by Chapters 49 and 54, Water Code, to obtain voter approval
154	154	before the district may impose an ad valorem tax or issue bonds
155	155	payable from ad valorem taxes.
156	156	(c) The district may not issue bonds payable from ad valorem
157	157	taxes to finance a road project unless the issuance is approved by a
158	158	vote of a two-thirds majority of the district voters voting at an
159	159	election held for that purpose.
160	160	Sec. 8038.0402. OPERATION AND MAINTENANCE TAX. (a) If
161	161	authorized at an election held under Section 8038.0401, the
162	162	district may impose an operation and maintenance tax on taxable
163	163	property in the district in accordance with Section 49.107, Water
164	164	Code.
165	165	(b) The board shall determine the tax rate. The rate may not
166	166	exceed the rate approved at the election.
167	167	Sec. 8038.0403. CONTRACT TAXES. (a) In accordance with
168	168	Section 49.108, Water Code, the district may impose a tax other than
169	169	an operation and maintenance tax and use the revenue derived from
170	170	the tax to make payments under a contract after the provisions of
171	171	the contract have been approved by a majority of the district voters
172	172	voting at an election held for that purpose.
173	173	(b) A contract approved by the district voters may contain a
174	174	provision stating that the contract may be modified or amended by
175	175	the board without further voter approval.
176	176	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
177	177	Sec. 8038.0501. AUTHORITY TO ISSUE BONDS AND OTHER
178	178	OBLIGATIONS. The district may issue bonds or other obligations
179	179	payable wholly or partly from ad valorem taxes, impact fees,
180	180	revenue, contract payments, grants, or other district money, or any
181	181	combination of those sources, to pay for any authorized district
182	182	purpose.
183	183	Sec. 8038.0502. TAXES FOR BONDS. At the time the district
184	184	issues bonds payable wholly or partly from ad valorem taxes, the
185	185	board shall provide for the annual imposition of a continuing
186	186	direct ad valorem tax, without limit as to rate or amount, while all
187	187	or part of the bonds are outstanding as required and in the manner
188	188	provided by Sections 54.601 and 54.602, Water Code.
189	189	Sec. 8038.0503. BONDS FOR ROAD PROJECTS. At the time of
190	190	issuance, the total principal amount of bonds or other obligations
191	191	issued or incurred to finance road projects and payable from ad
192	192	valorem taxes may not exceed one-fourth of the assessed value of the
193	193	real property in the district.
194	194	SECTION 2. The Brickston Municipal Utility District
195	195	initially includes all the territory contained in the following
196	196	area:
197	197	BEING A 448.8-ACRE [19,551,571 SQUARE FEET] MUD TRACT OUT OF
198	198	THE WILLIAM HINES SURVEY NUMBER 53, ABSTRACT NUMBER 346, TRAVIS
199	199	COUNTY, TEXAS, SAID TRACT BEING ALL OF THAT CALLED 127.535-ACRE
200	200	TRACT DESCRIBED TO TEXAS BRIDLE TRAILS, LLC., AS RECORDED IN
201	201	DOCUMENT NUMBER 2008035687 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
202	202	COUNTY, TEXAS [O.P.R.T.C.T.], AND A PORTION OF THAT CALLED
203	203	315.26-ACRE TRACT DESCRIBED TO TEXAS BRIDLE TRAILS, LLC. AS
204	204	RECORDED IN DOCUMENT NUMBER 2008035688 O.P.R.T.C.T. SAID TRACT
205	205	BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
206	206	BEGINNING at a 5/8-inch iron rod found in the west line of
207	207	that called 29.556-acre tract described to Centex Land, LTD. as
208	208	recorded in Document Number 1999124374 O.P.R.T.C.T. for the south
209	209	corner of that called 9.35-acre tract described to Johnny Wilkins,
210	210	Jr. and wife, Virgina C. Wilkins as recorded in Volume 12363, Page
211	211	2230 of the Real Property Records of Travis County, Texas
212	212	[R.P.R.T.C.T.], same being the east corner of said 315.26-acre
213	213	tract and the east corner of the tract described herein;
214	214	THENCE with said west line of the 29.556-acre tract, same
215	215	being the east line of said 315.26-acre tract, S26°55'05"W a
216	216	distance of 926.58 feet to a 1/2-inch iron rod found for the east
217	217	corner of that called 5.00-acre tract described to Amos Whit Parker
218	218	and Wife, Mary Catherine Parker as recorded in Volume 12714, Page
219	219	2046 R.P.R.T.C.T.;
220	220	THENCE with the north line of said 5.00-acre tract,
221	221	continuing with said east line of the 315.26-acre tract, N63°18'57"W
222	222	a distance of 796.21 feet to a 1/2-inch iron rod found for the north
223	223	corner of said 5.00-acre tract;
224	224	THENCE with the west line of said 5.00-acre tract, continuing
225	225	with said east line of the 315.26-acre tract, S26°40'58"W a distance
226	226	of 273.21 feet to the west corner of said 5.00-acre tract, same
227	227	being the north corner of that called 10.57-acre tract described to
228	228	David S. Rose and Kristen R. Carter, as recorded in Volume 12854,
229	229	Page 2132 R.P.R.T.C.T.;
230	230	THENCE with the west line of said 10.57-acre tract,
231	231	continuing with said east line of the 315.26-acre tract, S26°59'51"W
232	232	a distance of 578.62 feet to a point in the north line of that called
233	233	175.81-acre tract described to Centex Land, Ltd as recorded in
234	234	Volume 13299, Page 2327 R.P.R.T.C.T. for the west corner of said
235	235	10.57-acre tract;
236	236	THENCE with said north line of the 175.81-acre tract,
237	237	continuing with said east line of the 315.26-acre tract, the
238	238	following five (5) courses and distances:
239	239	1) N63°35'01"W a distance of 41.42 feet to an angle
240	240	point,
241	241	2) N61°56'37"W a distance of 120.25 feet to an angle
242	242	point,
243	243	3) N62°39'21"W a distance of 572.60 feet to a 1/2-inch
244	244	iron rod found for an angle point,
245	245	4) N62°32'09"W a distance of 228.42 feet to a 3/8-inch
246	246	iron rod found for an angle point,
247	247	5) N62°48'14"W a distance of 1,444.80 feet to an angle
248	248	point for the north corner of said 175.81-acre tract;
249	249	THENCE with the west line of said 175.81-acre tract, same
250	250	being the south line of said 315.26-acre tract, S27°07'44"W a
251	251	distance of 76.16 feet to an angle point for the east corner of said
252	252	127.535-acre tract;
253	253	THENCE continuing with said west line of the 175.81-acre
254	254	tract, same being the east line of said 127.535-acre tract, the
255	255	following two (2) courses and distances:
256	256	1) S27°32'56"W a distance of 1,770.97 feet to an angle
257	257	point for the south corner of said 127.535-acre tract, and
258	258	2) N61°57'33"W a distance of 395.35 feet to an angle
259	259	point in the east line of that called 202.522-acre tract described
260	260	to Robert E. Lundgren & Kathryn E. Lundgren as recorded in Volume
261	261	11133, Page 517 R.P.R.T.C.T.;
262	262	THENCE with the east line of said 202.522-acre tract, same
263	263	being the south line of said 127.535-acre tract, N28°06'22"E a
264	264	distance of 20.48 feet to an angle point for the east corner of said
265	265	202.522-acre tract;
266	266	THENCE with the north line of said 202.522-acre tract,
267	267	continuing with said south line of the 127.535-acre tract,
268	268	N63°06'01"W a distance of 2,773.48 feet to a point in the east line
269	269	of that called 84.987-acre tract described to Ruth Ann Lofton
270	270	Kylberg as recorded in Volume 6863, Page 1580 of the Deed Records of
271	271	Travis County, Texas, for the west corner of said 127.535-acretract
272	272	and the west corner of the tract described herein;
273	273	THENCE with said east line of the 84.987-acre tract, same
274	274	being the west line of said 127.535-acre tract, N27°08'30"E a
275	275	distance of 797.97 feet to 1/2-inch iron rod found for the apparent
276	276	southerly terminus of Giese Lane, a varying-width right-of-way, no
277	277	record information found;
278	278	THENCE with the apparent east right-of-way line of Giese
279	279	Lane, continuing with the west line of said 127.535-acre tract, the
280	280	following two (2) courses and distances:
281	281	1) N51°48'59"E a distance of 48.16 feet to an angle
282	282	point, and
283	283	2) N26°22'12"E a distance of 900.92 feet to a 3/4-inch
284	284	iron rod found for the north corner of said 127.535-acre tract;
285	285	THENCE continuing with the apparent east right-of-way line of
286	286	Giese Lane, with the west line of said 315.26-acre tract, the
287	287	following two (2) courses and distances:
288	288	1) N26°32'58"E a distance of 281.93 feet to an angle
289	289	point, and
290	290	2) N26°37'58"E a distance of 64.47 feet to an angle
291	291	point at the intersection of the apparent common Manor County Extra
292	292	Territorial Jurisdiction line and the apparent Travis County Line
293	293	with said apparent east right-of-way line of Giese Lane and said
294	294	west line of the 315.26-acre tract;
295	295	THENCE leaving said apparent east right-of-way line of Giese
296	296	Lane and said west line of the 315.26-acre tract, crossing said
297	297	315.26-acre tract, with the apparent common Manor County Extra
298	298	Territorial Jurisdiction line and the apparent Travis County Line,
299	299	the following three (3)courses and distances:
300	300	1) S89°34'15"E a distance of 319.29 feet to an angle
301	301	point,
302	302	2) N13°12'51"E a distance of 581.96 feet to an angle
303	303	point, and
304	304	3) N06°47'45"E a distance of 425.37 feet to an angle
305	305	point at the intersection of said apparent common Manor County
306	306	Extra Territorial Jurisdiction line and said apparent Travis County
307	307	Line with said apparent east right-of-way line of Giese Lane and
308	308	said west line of the 315.26-acre tract;
309	309	THENCE with said apparent east right-of-way line of Giese
310	310	Lane and said west line of the 315.26-acre tract, N26°52'58"E a
311	311	distance of 1,166.16 feet to the west corner of that called
312	312	286.05-acre tract described to Sharon Dusek Wertz as recorded in
313	313	Volume 11258, Page 38 R.P.R.T.C.T., same being the north corner of
314	314	said 315.26-acre tract and the north corner of the tract described
315	315	herein;
316	316	THENCE with the south line of said 286.05-acre tract, same
317	317	being the north line of said 315.26-acre tract, S63°12'58"E a
318	318	distance of 3,177.15 feet to the south corner of said 286.05-acre
319	319	tract, same being the west corner of that called 50.349-acre tract
320	320	described to Robert Alvarez as recorded in Document Number
321	321	2001200295 O.P.R.T.C.T.;
322	322	THENCE with the south line of said 50.349-acre tract,
323	323	continuing with said north line of the 315.26-acre tract, the
324	324	following two (2) courses and distances:
325	325	1) S64°27'40"E a distance of 128.51 feet to an angle
326	326	point, and
327	327	2) S63°20'13"E a distance of 972.11 feet to the north
328	328	corner of that apparent 20.00-acre tract to Johnny Wilkins Jr. &
329	329	Virginia C. Wilkins, no record information found;
330	330	THENCE with the west line of said 20.00-acre tract, with the
331	331	west line of that called 5.00-acre tract described to Johnny
332	332	Wilkins Jr. and wife, Virginia Cox Wilkins as recorded in Volume
333	333	6501, Page 42 R.P.R.T.C.T., continuing with said north line of the
334	334	315.26-acre tract, S26°39'06"W a distance of 800.88 feet to the west
335	335	corner of said 5.00-acre tract;
336	336	THENCE with the south line of said 5.00-acre tract, with the
337	337	south line of said 9.35-acre tract, continuing with said north line
338	338	of the 315.26-acre tract, S63°20'40"E a distance of 2,096.59 feet to
339	339	said POINT OF BEGINNING of the tract described herein, and
340	340	containing 448.8 Acres [19,551,571 Square Feet].
341	341	SECTION 3. (a) The legal notice of the intention to
342	342	introduce this Act, setting forth the general substance of this
343	343	Act, has been published as provided by law, and the notice and a
344	344	copy of this Act have been furnished to all persons, agencies,
345	345	officials, or entities to which they are required to be furnished
346	346	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
347	347	Government Code.
348	348	(b) The governor, one of the required recipients, has
349	349	submitted the notice and Act to the Texas Commission on
350	350	Environmental Quality.
351	351	(c) The Texas Commission on Environmental Quality has filed
352	352	its recommendations relating to this Act with the governor, the
353	353	lieutenant governor, and the speaker of the house of
354	354	representatives within the required time.
355	355	(d) All requirements of the constitution and laws of this
356	356	state and the rules and procedures of the legislature with respect
357	357	to the notice, introduction, and passage of this Act are fulfilled
358	358	and accomplished.
359	359	SECTION 4. (a) If this Act does not receive a two-thirds
360	360	vote of all the members elected to each house, Subchapter C, Chapter
361	361	8038, Special District Local Laws Code, as added by Section 1 of
362	362	this Act, is amended by adding Section 8038.0308 to read as follows:
363	363	Sec. 8038.0308. NO EMINENT DOMAIN POWER. The district may
364	364	not exercise the power of eminent domain.
365	365	(b) This section is not intended to be an expression of a
366	366	legislative interpretation of the requirements of Section 17(c),
367	367	Article I, Texas Constitution.
368	368	SECTION 5. This Act takes effect immediately if it receives
369	369	a vote of two-thirds of all the members elected to each house, as
370	370	provided by Section 39, Article III, Texas Constitution. If this
371	371	Act does not receive the vote necessary for immediate effect, this
372	372	Act takes effect September 1, 2019.