Texas 2019 - 86th Regular

Texas House Bill HB4643 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4643
	1	+	By: Bell of Montgomery H.B. No. 4643
	2	+	(Senate Sponsor - Creighton)
	3	+	(In the Senate - Received from the House May 6, 2019;
	4	+	May 6, 2019, read first time and referred to Committee on
	5	+	Intergovernmental Relations; May 15, 2019, reported favorably by
	6	+	the following vote: Yeas 7, Nays 0; May 15, 2019, sent to 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 creation of the Wood Trace Water Control and
6	13		Improvement District of Montgomery County, Texas; granting a
7	14		limited power of eminent domain; providing authority to issue
8	15		bonds; providing authority to impose assessments, fees, and taxes.
9	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	17		SECTION 1. Subtitle I, Title 6, Special District Local Laws
11	18		Code, is amended by adding Chapter 9084 to read as follows:
12	19		CHAPTER 9084. WOOD TRACE WATER CONTROL AND IMPROVEMENT DISTRICT
13	20		OF MONTGOMERY COUNTY, TEXAS
14	21		SUBCHAPTER A. GENERAL PROVISIONS
15	22		Sec. 9084.0101. DEFINITIONS. In this chapter:
16	23		(1) "Board" means the district's board of directors.
17	24		(2) "Commission" means the Texas Commission on
18	25		Environmental Quality.
19	26		(3) "Director" means a board member.
20	27		(4) "District" means the Wood Trace Water Control and
21	28		Improvement District of Montgomery County, Texas.
22	29		Sec. 9084.0102. NATURE OF DISTRICT. The district is a water
23	30		control and improvement district created under Section 59, Article
24	31		XVI, Texas Constitution.
25	32		Sec. 9084.0103. CONFIRMATION AND DIRECTORS' ELECTION
26	33		REQUIRED. The temporary directors shall hold an election to
27	34		confirm the creation of the district and to elect five permanent
28	35		directors as provided by Section 49.102, Water Code.
29	36		Sec. 9084.0104. CONSENT OF MUNICIPALITY REQUIRED. The
30	37		temporary directors may not hold an election under Section
31	38		9084.0103 until each municipality in whose corporate limits or
32	39		extraterritorial jurisdiction the district is located has
33	40		consented by ordinance or resolution to the creation of the
34	41		district and to the inclusion of land in the district.
35	42		Sec. 9084.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	43		(a) The district is created to serve a public purpose and benefit.
37	44		(b) The district is created to accomplish the purposes of:
38	45		(1) a water control and improvement district as
39	46		provided by general law and Section 59, Article XVI, Texas
40	47		Constitution, including the collection, transportation,
41	48		processing, disposal, and control of domestic, industrial, or
42	49		communal waste and the gathering, conducting, diverting, and
43	50		control of local stormwater or other harmful excesses of water; and
44	51		(2) Section 52, Article III, Texas Constitution, that
45	52		relate to the construction, acquisition, improvement, operation,
46	53		or maintenance of macadamized, graveled, or paved roads, or
47	54		improvements, including storm drainage, in aid of those roads.
48	55		Sec. 9084.0106. INITIAL DISTRICT TERRITORY. (a) The
49	56		district is initially composed of the territory described by
50	57		Section 2 of the Act enacting this chapter.
51	58		(b) The boundaries and field notes contained in Section 2 of
52	59		the Act enacting this chapter form a closure. A mistake made in the
53	60		field notes or in copying the field notes in the legislative process
54	61		does not affect the district's:
55	62		(1) organization, existence, or validity;
56	63		(2) right to issue any type of bond for the purposes
57	64		for which the district is created or to pay the principal of and
58	65		interest on a bond;
59	66		(3) right to impose a tax; or
60	67		(4) legality or operation.
61	68		SUBCHAPTER B. BOARD OF DIRECTORS
62	69		Sec. 9084.0201. GOVERNING BODY; TERMS. (a) The district is
63	70		governed by a board of five elected directors.
64	71		(b) Except as provided by Section 9084.0202, directors
65	72		serve staggered four-year terms.
66	73		Sec. 9084.0202. TEMPORARY DIRECTORS. (a) On or after the
67	74		effective date of the Act enacting this chapter, the owner or owners
68	75		of a majority of the assessed value of the real property in the
69	76		district may submit a petition to the commission requesting that
70	77		the commission appoint as temporary directors the five persons
71	78		named in the petition. The commission shall appoint as temporary
72	79		directors the five persons named in the petition.
73	80		(b) Temporary directors serve until the earlier of:
74	81		(1) the date permanent directors are elected under
75	82		Section 9084.0103; or
76	83		(2) the fourth anniversary of the effective date of
77	84		the Act enacting this chapter.
78	85		(c) If permanent directors have not been elected under
79	86		Section 9084.0103 and the terms of the temporary directors have
80	87		expired, successor temporary directors shall be appointed or
81	88		reappointed as provided by Subsection (d) to serve terms that
82	89		expire on the earlier of:
83	90		(1) the date permanent directors are elected under
84	91		Section 9084.0103; or
85	92		(2) the fourth anniversary of the date of the
86	93		appointment or reappointment.
87	94		(d) If Subsection (c) applies, the owner or owners of a
88	95		majority of the assessed value of the real property in the district
89	96		may submit a petition to the commission requesting that the
90	97		commission appoint as successor temporary directors the five
91	98		persons named in the petition. The commission shall appoint as
92	99		successor temporary directors the five persons named in the
93	100		petition.
94	101		SUBCHAPTER C. POWERS AND DUTIES
95	102		Sec. 9084.0301. GENERAL POWERS AND DUTIES. The district
96	103		has the powers and duties necessary to accomplish the purposes for
97	104		which the district is created.
98	105		Sec. 9084.0302. WATER CONTROL AND IMPROVEMENT DISTRICT
99	106		POWERS AND DUTIES. The district has the powers and duties provided
100	107		by the general law of this state, including Chapters 49 and 51,
101	108		Water Code, applicable to water control and improvement districts
102	109		created under Section 59, Article XVI, Texas Constitution, and
103	110		specifically including the powers and duties authorized under
104	111		Subchapter H, Chapter 51, Water Code.
105	112		Sec. 9084.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
106	113		52, Article III, Texas Constitution, the district may design,
107	114		acquire, construct, finance, issue bonds for, improve, operate,
108	115		maintain, and convey to this state, a county, or a municipality for
109	116		operation and maintenance macadamized, graveled, or paved roads, or
110	117		improvements, including storm drainage, in aid of those roads.
111	118		Sec. 9084.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
112	119		road project must meet all applicable construction standards,
113	120		zoning and subdivision requirements, and regulations of each
114	121		municipality in whose corporate limits or extraterritorial
115	122		jurisdiction the road project is located.
116	123		(b) If a road project is not located in the corporate limits
117	124		or extraterritorial jurisdiction of a municipality, the road
118	125		project must meet all applicable construction standards, zoning and
119	126		subdivision requirements, and regulations of each county in which
120	127		the road project is located.
121	128		(c) If the state will maintain and operate the road, the
122	129		Texas Transportation Commission must approve the plans and
123	130		specifications of the road project.
124	131		Sec. 9084.0305. COMPLIANCE WITH MUNICIPAL CONSENT
125	132		ORDINANCE OR RESOLUTION. The district shall comply with all
126	133		applicable requirements of any ordinance or resolution that is
127	134		adopted under Section 42.042 or 42.0425, Local Government Code, and
128	135		consents to the creation of the district or to the inclusion of land
129	136		in the district.
130	137		Sec. 9084.0306. LIMITATION ON USE OF EMINENT DOMAIN. The
131	138		district may not exercise the power of eminent domain outside the
132	139		district boundaries to acquire a site or easement for:
133	140		(1) a recreational facility, as defined by Section
134	141		49.462, Water Code; or
135	142		(2) a road project authorized by Section 9084.0303.
136	143		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
137	144		Sec. 9084.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
138	145		The district may issue, without an election, bonds and other
139	146		obligations secured by:
140	147		(1) revenue other than ad valorem taxes; or
141	148		(2) contract payments described by Section 9084.0403.
142	149		(b) The district must hold an election in the manner
143	150		provided by Chapters 49 and 51, Water Code, to obtain voter approval
144	151		before the district may impose an ad valorem tax or issue bonds
145	152		payable from ad valorem taxes.
146	153		(c) The district may not issue bonds payable from ad valorem
147	154		taxes to finance a road project unless the issuance is approved by a
148	155		vote of a two-thirds majority of the district voters voting at an
149	156		election held for that purpose.
150	157		Sec. 9084.0402. OPERATION AND MAINTENANCE TAX. (a) If
151	158		authorized at an election held under Section 9084.0401, the
152	159		district may impose an operation and maintenance tax on taxable
153	160		property in the district in accordance with Section 49.107, Water
154	161		Code.
155	162		(b) The board shall determine the tax rate. The rate may not
156	163		exceed the rate approved at the election.
157	164		Sec. 9084.0403. CONTRACT TAXES. (a) In accordance with
158	165		Section 49.108, Water Code, the district may impose a tax other than
159	166		an operation and maintenance tax and use the revenue derived from
160	167		the tax to make payments under a contract after the provisions of
161	168		the contract have been approved by a majority of the district voters
162	169		voting at an election held for that purpose.
163	170		(b) A contract approved by the district voters may contain a
164	171		provision stating that the contract may be modified or amended by
165	172		the board without further voter approval.
166	173		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
167	174		Sec. 9084.0501. AUTHORITY TO ISSUE BONDS AND OTHER
168	175		OBLIGATIONS. The district may issue bonds or other obligations
169	176		payable wholly or partly from ad valorem taxes, impact fees,
170	177		revenue, contract payments, grants, or other district money, or any
171	178		combination of those sources, to pay for any authorized district
172	179		purpose.
173	180		Sec. 9084.0502. TAXES FOR BONDS. At the time the district
174	181		issues bonds payable wholly or partly from ad valorem taxes, the
175	182		board shall provide for the annual imposition of a continuing
176	183		direct ad valorem tax, without limit as to rate or amount, while all
177	184		or part of the bonds are outstanding as required and in the manner
178	185		provided by Chapter 51, Water Code.
179	186		Sec. 9084.0503. BONDS FOR ROAD PROJECTS. At the time of
180	187		issuance, the total principal amount of bonds or other obligations
181	188		issued or incurred to finance road projects and payable from ad
182	189		valorem taxes may not exceed one-fourth of the assessed value of the
183	190		real property in the district.
184	191		Sec. 9084.0504. BONDS FOR RECREATIONAL FACILITIES. (a)
185	192		The district may develop recreational facilities and issue bonds
186	193		for recreational facilities as provided by Chapter 49, Water Code,
187	194		regardless of whether the district's territory overlaps with the
188	195		territory of a political subdivision that is authorized to develop
189	196		recreational facilities and issue bonds for recreational
190	197		facilities under Chapter 49, Water Code.
191	198		(b) The authority of the district to develop recreational
192	199		facilities and issue bonds for recreational facilities under this
193	200		section does not limit the authority of another political
194	201		subdivision whose territory the territory of the district may
195	202		overlap, wholly or partly, to develop recreational facilities and
196	203		issue bonds for recreational facilities under Chapter 49, Water
197	204		Code.
198	205		SECTION 2. The Wood Trace Water Control and Improvement
199	206		District of Montgomery County, Texas, initially includes all the
200	207		territory contained in the following area:
201	208		A description of a 489.92-acre tract of land situated in the
202	209		B.B.B. & C. RR. Survey, a-110, B.B.B. & C. RR. Survey, A-111 and the
203	210		E.R. Hale Survey, A-264, Montgomery County, Texas; said 489.9-acres
204	211		being more particularly described by metes and bounds as follows:
205	212		Being a 489.919-acre tract of land situated in Montgomery
206	213		County, Texas in the B.B.B. & C. RR. Survey, A-110, B.B.B. & C. RR.
207	214		Survey, A-111 and the E.R. Hale Survey, A-264, and being more
208	215		particularly described by metes and bounds with all control
209	216		referred to in the State Department of Highways and Public
210	217		Transportation Surface Coordinates bases on the Texas State Plane
211	218		Coordinate System, Central Zone:
212	219		Beginning at the north corner of the B.B.B. & C RR. Survey,
213	220		A-110, common to the east corner of the Henry Studz Survey, A-513,
214	221		located in the southwest line of the J. D. Cochran Survey, A-123;
215	222		1. Thence, along the southwest line of said J. D. Cochran
216	223		Survey, A-123 common to the northwest line of said B.B.B. & C. RR.
217	224		Survey, A-110, S 47°50’58” E, at 2,921.27 feet pass the northwest
218	225		corner of the E. R. Hale Survey, A-264, in all a total distance of
219	226		4,721.76 feet to the south corner of said J.D. Cochran Survey, A-123
220	227		in the north line of said E R. Hale Survey, A-264;
221	228		2. Thence, along the southeast line of said J.D. Cochran
222	229		Survey, A-123, common to the northerly line of said E. R. Hale
223	230		Survey, A-264, N 41°32’47” E, 1,619.29 feet to a point for corner;
224	231		3. Thence, severing said E. R. Hale Survey, A-264, S
225	232		01°42’53” E, 3,063.20 feet to a point for corner in the northeast
226	233		line of the existing Missouri Pacific Railroad right-of-way;
227	234		4. Thence, along said northeast line, N 59°23’57” W,
228	235		2,041.86 feet to a point for corner;
229	236		5. Thence, continuing along said northeast line, N 58°50’22”
230	237		W, 780.31 feet to a point for corner in the east line of said B. B.
231	238		B. & C. RR. Survey, A-110, common to the east line of said E. R. Hale
232	239		Survey, A-264;
233	240		6. Thence, along said common survey line, S 02°40’02” E,
234	241		2,839.93 feet to a point for corner;
235	242		7. Thence, S 87°10’15” W, 1724.18 feet to a point for corner
236	243		laying in the centerline of existing Highway No. 149;
237	244		8. Thence, along said centerline, N 30°32’20” W, 5,079.82
238	245		feet to a point for corner in the northwest line of said B.B.B. & C.
239	246		RR. survey A-111, common to the southeast line of the John Raimon
240	247		Survey, A-472;
241	248		9. Thence, along said common survey line, N 42°22’36” E,
242	249		891.43 feet to a point for corner in the northeast line of said
243	250		Missouri Pacific right-of-way;
244	251		10. Thence, N 42°14’38” E, 1,997.17 feet to the Point of
245	252		Beginning and containing 489.919 acres of land.
246	253		SECTION 3. (a) The legal notice of the intention to
247	254		introduce this Act, setting forth the general substance of this
248	255		Act, has been published as provided by law, and the notice and a
249	256		copy of this Act have been furnished to all persons, agencies,
250	257		officials, or entities to which they are required to be furnished
251	258		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
252	259		Government Code.
253	260		(b) The governor, one of the required recipients, has
254	261		submitted the notice and Act to the Texas Commission on
255	262		Environmental Quality.
256	263		(c) The Texas Commission on Environmental Quality has filed
257	264		its recommendations relating to this Act with the governor, the
258	265		lieutenant governor, and the speaker of the house of
259	266		representatives within the required time.
260	267		(d) All requirements of the constitution and laws of this
261	268		state and the rules and procedures of the legislature with respect
262	269		to the notice, introduction, and passage of this Act are fulfilled
263	270		and accomplished.
264	271		SECTION 4. (a) Section 9084.0306, Special District Local
265	272		Laws Code, as added by Section 1 of this Act, takes effect only if
266	273		this Act receives a two-thirds vote of all the members elected to
267	274		each house.
268	275		(b) If this Act does not receive a two-thirds vote of all the
269	276		members elected to each house, Subchapter C, Chapter 9084, Special
270	277		District Local Laws Code, as added by Section 1 of this Act, is
271	278		amended by adding Section 9084.0306 to read as follows:
272	279		Sec. 9084.0306. NO EMINENT DOMAIN POWER. The district may
273	280		not exercise the power of eminent domain.
274	281		(c) This section is not intended to be an expression of a
275	282		legislative interpretation of the requirements of Section 17(c),
276	283		Article I, Texas Constitution.
277	284		SECTION 5. This Act takes effect immediately if it receives
278	285		a vote of two-thirds of all the members elected to each house, as
279	286		provided by Section 39, Article III, Texas Constitution. If this
280	287		Act does not receive the vote necessary for immediate effect, this
281	288		Act takes effect September 1, 2019.
282		-	______________________________ ______________________________
283		-	President of the Senate Speaker of the House
284		-	I certify that H.B. No. 4643 was passed by the House on May 3,
285		-	2019, by the following vote: Yeas 122, Nays 18, 2 present, not
286		-	voting.
287		-	______________________________
288		-	Chief Clerk of the House
289		-	I certify that H.B. No. 4643 was passed by the Senate on May
290		-	22, 2019, by the following vote: Yeas 28, Nays 3.
291		-	______________________________
292		-	Secretary of the Senate
293		-	APPROVED: _____________________
294		-	Date
295		-	_____________________
296		-	Governor
	289	+	* * * * *