Texas 2019 - 86th Regular

Texas House Bill HB4673 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4673
	1	+	By: Bailes (Senate Sponsor - Creighton) H.B. No. 4673
	2	+	(In the Senate - Received from the House April 26, 2019;
	3	+	April 29, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 9, 2019, reported adversely, with
	5	+	favorable Committee Substitute by the following vote: Yeas 7, Nays
	6	+	0; May 9, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 4673 By: Menéndez
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the creation of the Chambers County Municipal Utility
6	14		District No. 3; granting a limited power of eminent domain;
7	15		providing authority to issue bonds; providing authority to impose
8	16		assessments, fees, and taxes.
9	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	18		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	19		Code, is amended by adding Chapter 8042 to read as follows:
12	20		CHAPTER 8042. CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 3
13	21		SUBCHAPTER A. GENERAL PROVISIONS
14	22		Sec. 8042.0101. DEFINITIONS. In this chapter:
15	23		(1) "Board" means the district's board of directors.
16	24		(2) "Commission" means the Texas Commission on
17	25		Environmental Quality.
18	26		(3) "Director" means a board member.
19	27		(4) "District" means the Chambers County Municipal
20	28		Utility District No. 3.
21	29		Sec. 8042.0102. NATURE OF DISTRICT. The district is a
22	30		municipal utility district created under Section 59, Article XVI,
23	31		Texas Constitution.
24	32		Sec. 8042.0103. CONFIRMATION AND DIRECTOR ELECTION
25	33		REQUIRED. The temporary directors shall hold an election to
26	34		confirm the creation of the district and to elect five permanent
27	35		directors as provided by Section 49.102, Water Code.
28	36		Sec. 8042.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	37		temporary directors may not hold an election under Section
30	38		8042.0103 until each municipality in whose corporate limits or
31	39		extraterritorial jurisdiction the district is located has
32	40		consented by ordinance or resolution to the creation of the
33	41		district and to the inclusion of land in the district.
34	42		Sec. 8042.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	43		(a) The district is created to serve a public purpose and benefit.
36	44		(b) The district is created to accomplish the purposes of:
37	45		(1) a municipal utility district as provided by
38	46		general law and Section 59, Article XVI, Texas Constitution; and
39	47		(2) Section 52, Article III, Texas Constitution, that
40	48		relate to the construction, acquisition, improvement, operation,
41	49		or maintenance of macadamized, graveled, or paved roads, or
42	50		improvements, including storm drainage, in aid of those roads.
43	51		Sec. 8042.0106. INITIAL DISTRICT TERRITORY. (a) The
44	52		district is initially composed of the territory described by
45	53		Section 2 of the Act enacting this chapter.
46	54		(b) The boundaries and field notes contained in Section 2 of
47	55		the Act enacting this chapter form a closure. A mistake made in the
48	56		field notes or in copying the field notes in the legislative process
49	57		does not affect the district's:
50	58		(1) organization, existence, or validity;
51	59		(2) right to issue any type of bond for the purposes
52	60		for which the district is created or to pay the principal of and
53	61		interest on a bond;
54	62		(3) right to impose a tax; or
55	63		(4) legality or operation.
56	64		SUBCHAPTER B. BOARD OF DIRECTORS
57	65		Sec. 8042.0201. GOVERNING BODY; TERMS. (a) The district is
58	66		governed by a board of five elected directors.
59	67		(b) Except as provided by Section 8042.0202, directors
60	68		serve staggered four-year terms.
61	69		Sec. 8042.0202. TEMPORARY DIRECTORS. (a) On or after the
62	70		effective date of the Act enacting this chapter, the owner or owners
63	71		of a majority of the assessed value of the real property in the
64	72		district may submit a petition to the commission requesting that
65	73		the commission appoint as temporary directors the five persons
66	74		named in the petition. The commission shall appoint as temporary
67	75		directors the five persons named in the petition.
68	76		(b) Temporary directors serve until the earlier of:
69	77		(1) the date permanent directors are elected under
70	78		Section 8042.0103; or
71	79		(2) the fourth anniversary of the effective date of
72	80		the Act enacting this chapter.
73	81		(c) If permanent directors have not been elected under
74	82		Section 8042.0103 and the terms of the temporary directors have
75	83		expired, successor temporary directors shall be appointed or
76	84		reappointed as provided by Subsection (d) to serve terms that
77	85		expire on the earlier of:
78	86		(1) the date permanent directors are elected under
79	87		Section 8042.0103; or
80	88		(2) the fourth anniversary of the date of the
81	89		appointment or reappointment.
82	90		(d) If Subsection (c) applies, the owner or owners of a
83	91		majority of the assessed value of the real property in the district
84	92		may submit a petition to the commission requesting that the
85	93		commission appoint as successor temporary directors the five
86	94		persons named in the petition. The commission shall appoint as
87	95		successor temporary directors the five persons named in the
88	96		petition.
89	97		SUBCHAPTER C. POWERS AND DUTIES
90	98		Sec. 8042.0301. GENERAL POWERS AND DUTIES. The district
91	99		has the powers and duties necessary to accomplish the purposes for
92	100		which the district is created.
93	101		Sec. 8042.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	102		DUTIES. The district has the powers and duties provided by the
95	103		general law of this state, including Chapters 49 and 54, Water Code,
96	104		applicable to municipal utility districts created under Section 59,
97	105		Article XVI, Texas Constitution.
98	106		Sec. 8042.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99	107		52, Article III, Texas Constitution, the district may design,
100	108		acquire, construct, finance, issue bonds for, improve, operate,
101	109		maintain, and convey to this state, a county, or a municipality for
102	110		operation and maintenance macadamized, graveled, or paved roads, or
103	111		improvements, including storm drainage, in aid of those roads.
104	112		Sec. 8042.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	113		road project must meet all applicable construction standards,
106	114		zoning and subdivision requirements, and regulations of each
107	115		municipality in whose corporate limits or extraterritorial
108	116		jurisdiction the road project is located.
109	117		(b) If a road project is not located in the corporate limits
110	118		or extraterritorial jurisdiction of a municipality, the road
111	119		project must meet all applicable construction standards,
112	120		subdivision requirements, and regulations of each county in which
113	121		the road project is located.
114	122		(c) If the state will maintain and operate the road, the
115	123		Texas Transportation Commission must approve the plans and
116	124		specifications of the road project.
117	125		Sec. 8042.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118	126		ORDINANCE OR RESOLUTION. The district shall comply with all
119	127		applicable requirements of any ordinance or resolution that is
120	128		adopted under Section 54.016 or 54.0165, Water Code, and that
121	129		consents to the creation of the district or to the inclusion of land
122	130		in the district.
123	131		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
124	132		Sec. 8042.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
125	133		The district may issue, without an election, bonds and other
126	134		obligations secured by:
127	135		(1) revenue other than ad valorem taxes; or
128	136		(2) contract payments described by Section 8042.0403.
129	137		(b) The district must hold an election in the manner
130	138		provided by Chapters 49 and 54, Water Code, to obtain voter approval
131	139		before the district may impose an ad valorem tax or issue bonds
132	140		payable from ad valorem taxes.
133	141		(c) The district may not issue bonds payable from ad valorem
134	142		taxes to finance a road project unless the issuance is approved by a
135	143		vote of a two-thirds majority of the district voters voting at an
136	144		election held for that purpose.
137	145		Sec. 8042.0402. OPERATION AND MAINTENANCE TAX. (a) If
138	146		authorized at an election held under Section 8042.0401, the
139	147		district may impose an operation and maintenance tax on taxable
140	148		property in the district in accordance with Section 49.107, Water
141	149		Code.
142	150		(b) The board shall determine the tax rate. The rate may not
143	151		exceed the rate approved at the election.
144	152		Sec. 8042.0403. CONTRACT TAXES. (a) In accordance with
145	153		Section 49.108, Water Code, the district may impose a tax other than
146	154		an operation and maintenance tax and use the revenue derived from
147	155		the tax to make payments under a contract after the provisions of
148	156		the contract have been approved by a majority of the district voters
149	157		voting at an election held for that purpose.
150	158		(b) A contract approved by the district voters may contain a
151	159		provision stating that the contract may be modified or amended by
152	160		the board without further voter approval.
153	161		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	162		Sec. 8042.0501. AUTHORITY TO ISSUE BONDS AND OTHER
155	163		OBLIGATIONS. The district may issue bonds or other obligations
156	164		payable wholly or partly from ad valorem taxes, impact fees,
157	165		revenue, contract payments, grants, or other district money, or any
158	166		combination of those sources, to pay for any authorized district
159	167		purpose.
160	168		Sec. 8042.0502. TAXES FOR BONDS. At the time the district
161	169		issues bonds payable wholly or partly from ad valorem taxes, the
162	170		board shall provide for the annual imposition of a continuing
163	171		direct ad valorem tax, without limit as to rate or amount, while all
164	172		or part of the bonds are outstanding as required and in the manner
165	173		provided by Sections 54.601 and 54.602, Water Code.
166	174		Sec. 8042.0503. BONDS FOR ROAD PROJECTS. At the time of
167	175		issuance, the total principal amount of bonds or other obligations
168	176		issued or incurred to finance road projects and payable from ad
169	177		valorem taxes may not exceed one-fourth of the assessed value of the
170	178		real property in the district.
171	179		SECTION 2. The Chambers County Municipal Utility District
172	180		No. 3 initially includes all the territory contained in the
173	181		following area:
174	182		Description of a 187.1135 acre tract of land situated in the
175	183		Chambers County School Land Survey, Abstract 321, Chambers County,
176	184		Texas and being all of that certain 5.7270 acres described in Deed
177	185		for undivided interest from Gregory Angel, Trustee, to Montgomery
178	186		Jett Angel Trust dated October 30, 2018 and recorded under County
179	187		Clerk's File #2018-137473 of the Official Public Records of
180	188		Chambers County, Texas; all of the residue of that certain called
181	189		154.072 acres (Tract 3) conveyed by Chambers Grand Parkway
182	190		Development, Ltd. to Park Block, Ltd. by Correction Warranty Deed
183	191		dated November 16, 2009 and recorded in Volume 1161 at Page 209 of
184	192		the Official Public Records of Chambers County, Texas; all of that
185	193		certain called 41.7490 acres conveyed by Park Block, Ltd. to The
186	194		Noor Foundation by Correction Deed dated April 30, 2018 and
187	195		recorded under County Clerk's File #2018-131695 of the Official
188	196		Public Records of Chambers County, Texas; and all of that certain
189	197		27.497 acres conveyed by Mrs. Annie Pauline Miller to Harry W.
190	198		Freeman, Trustee, by Deed dated February 1, 1956 and recorded under
191	199		Volume 173 at Page 303 of the Deed Records of Chambers County, Texas
192	200		(now carried in the name of Family Interests, Ltd. on tax roll).
193	201		This 187.1135 acres is more particularly described by the following
194	202		metes and bounds, to-wit:
195	203		Beginning at a point in the South right-of-way line of
196	204		Interstate Highway No. 10 (300 feet wide right-of-way) for the
197	205		Northwest corner of that certain 40.323 acres described in Lis
198	206		Pendens dated June 6, 2005, styled State of Texas vs. Family
199	207		Interests, Ltd., recorded in Volume 781 at Page 367 of the Official
200	208		Public Records of Chambers County, Texas and the Northeast corner
201	209		of said 5.7270 acres. Said point being at the intersection of the
202	210		South right-of-way line of said Interstate Highway No. 10 with the
203	211		West right-of-way line of State Highway 99 (a/k/a East Grand
204	212		Parkway South) and being the Northernmost Northeast corner and
205	213		POINT OF BEGINNING of this tract. Said BEGINNING POINT has a State
206	214		Plane Coordinate Value of Y=13,870,267.98 and X=3,278,546.95.
207	215		Thence: South 02°31'30" East along the Northernmost East line
208	216		of this tract, the East line of said 5.7270 acres, the Northernmost
209	217		West line of said 40.323 acres and the West right-of-way line of
210	218		said State Highway 99 for a distance of 50.17 feet to a point for an
211	219		interior corner of this tract, an exterior corner of said 40.323
212	220		acres, an exterior corner of said State Highway 99 and the
213	221		Northernmost corner of said 154.072 acres. Said point being the
214	222		BEGINNING POINT of a curve to the right, concave Southerly.
215	223		Thence: Along and around said curve to the right, in an
216	224		Southeasterly direction, along the Southernmost East line of this
217	225		tract, the East line of said 154.072 acres, a West line of said
218	226		40.323 acres and the West right-of-way line of said State Highway
219	227		99, said curve having a radius of 1110.92 feet, a central angle of
220	228		28°44'53" and a chord bearing and distance of South 61°49'04" East
221	229		551.57 feet, for an arc length of 557.40 feet to a point for the
222	230		TERMINATION POINT of said curve.
223	231		Thence: South 27°18'35" East along the Southernmost East line
224	232		of this tract, the East line of said 154.072 acres, the Southernmost
225	233		West line of said 40.323 acres and the West right-of-way line of
226	234		said State Highway 99, for a distance of 2133.74 feet to a point for
227	235		the BEGINNING POINT of a curve to the right, concave Westerly.
228	236		Thence: Along and around said curve to the right, in a
229	237		Southerly direction, along the Southernmost East line of this
230	238		tract, the East line of said 154.072 acres, the East line of said
231	239		41.7490 acres, the Southernmost West line of said 40.323 acres and
232	240		the West right-of-way line of said State Highway 99, said curve
233	241		having a radius of 2664.77 feet, a central angle of 57°06'14", a
234	242		chord bearing and distance of South 01°14'09" West 2547.28 feet, for
235	243		an arc length of 2655.85 feet to a point in the South line of said
236	244		Chambers County School Land Survey and the North line of the Jacob
237	245		Townsend Survey, Abstract 25, Chambers County, Texas. Said point
238	246		being in the North line of that certain called 92.3102 acres
239	247		conveyed by Joseph Kilgore Heirs to Kilgore Business, LLC by Deed
240	248		dated June 30, 2016 and recorded in Volume 1663 at Page 649 of the
241	249		Official Public Records of Chambers County, Texas and being the
242	250		Southeast corner of this tract, the Southeast corner of said
243	251		41.7490 acres and the Southwest corner of said 40.323 acres.
244	252		Thence: South 87°32'17" West along the Easternmost South line
245	253		of this tract, the South line of said Chambers County School Land
246	254		Survey, the South line of said 41.7490 acres, the South line of said
247	255		154.072 acres, the North line of said 92.3102 acres and the North
248	256		line of said Townsend Survey for a distance of 945.19 feet to a
249	257		point for the Southernmost Southwest corner of this tract, the
250	258		Southwest corner of said 41.7490 acres, the Southernmost Southwest
251	259		corner of said 154.072 acres and the Southeast corner of that
252	260		certain called 32.10 acres conveyed by Gordon W. Speer to Speer
253	261		Properties, Inc. by Deed dated February 28, 2002 and recorded in
254	262		Volume 549 at Page 766 of the Official Public Records of Chambers
255	263		County, Texas.
256	264		Thence: North 02°27'43" West along the Southernmost West line
257	265		of this tract, the Southernmost West line of said 154.072 acres, the
258	266		West line of said 41.7490 acres and the East line of said 32.10
259	267		acres for a distance of 1478.65 feet to a point for an interior
260	268		corner of this tract, the Northwest corner of said 41.7490 acres and
261	269		the Northeast corner of said 32.10 acres.
262	270		Thence: South 87°32'17" West along the Westernmost South line
263	271		of this tract, the Westernmost South line of said 154.072 acres, the
264	272		North line of said 32.10 acres and the North line of that certain
265	273		called 1.9821 acres conveyed by Gordon W. Speer to Speer
266	274		Properties, Inc. by Deed dated February 28, 2002 and recorded in
267	275		Volume 549 at Page 769 of the Official Public Records of Chambers
268	276		County, Texas, for a distance of 1478.70 feet to a point for the
269	277		Westernmost Southwest corner of this tract, the Westernmost
270	278		Southwest corner of said 154.072 acres and the Northwest corner of
271	279		said 1.9821 acres.
272	280		Thence: North 02°27'43" West along the Westernmost West line
273	281		of this tract, the Westernmost West line of said 154.072 acres, and
274	282		the East line of that certain 4.391 acres conveyed by Leola Trichel,
275	283		et al, to Speer Properties, Inc. by Deed dated September 13, 1989
276	284		and recorded in Volume 89 at Page 126 of the Official Public Records
277	285		of Chambers County, Texas, for a distance of 1040.40 feet to a point
278	286		for the Southwest corner of said called 27.497 acres.
279	287		Thence: Continue North 02°27'43" West along the Westernmost
280	288		West line of this tract, the Westernmost West line of said 154.072
281	289		acres, the West line of said 27.497 acres, the East line of said
282	290		4.391 acres and the East line of that certain called 1.49 acres
283	291		conveyed by Mrs. Eleanore Collier, et al, to United Gas Pipe Line
284	292		Company by Deed dated December 24, 1954 and recorded in Volume 163
285	293		at Page 459 of the Deed Records of Chambers County, Texas, for a
286	294		distance of 1086.56 feet to a point for the Westernmost Northwest
287	295		corner of this tract, the Northwest corner of said 27.497 acres and
288	296		the Southwest corner of that certain called 20.98 acres conveyed by
289	297		Betty Stubbs McCune to Frank B. McCune in Cause #3127 of the Probate
290	298		Records of Chambers County, Texas.
291	299		Thence: North 87°37'17" East along the Westernmost North line
292	300		of this tract, the North line of said 27.497 acres and the South
293	301		line of said 20.98 acres for a distance of 1094.44 feet to a point
294	302		for the Northeast corner of said 27.497 acres and an exterior corner
295	303		of said 154.072 acres.
296	304		Thence: Continue North 87°37'17" East along the Westernmost
297	305		North line of this tract, the Westernmost North line of said 154.072
298	306		acres and the South line of said 20.98 acres for a distance of
299	307		123.63 feet to a point for an interior corner of this tract, an
300	308		interior corner of said 154.072 acres and the Southeast corner of
301	309		said 20.98 acres.
302	310		Thence: North 02°31'30" West along an interior West line of
303	311		this tract, the Northernmost West line of said 154.072 acres and the
304	312		East line of said 20.98 acres for a distance of 764.88 feet to a
305	313		point for an interior corner of this tract, the Northeast corner of
306	314		said 20.98 acres and the Southeast corner of the heretofore
307	315		mentioned 5.7270 acres.
308	316		Thence: South 87°31'35" West along an interior line of this
309	317		tract, the South line of said 5.7270 acres and the North line of
310	318		said 20.98 acres for a distance of 607.18 feet to a point for an
311	319		exterior corner of this tract, the Southwest corner of said 5.7270
312	320		acres and the Southeast corner of that certain 4.964 acres conveyed
313	321		by Michael L. Graham, et al, to Wowco Properties, LLC by Deed dated
314	322		August 18 and 19, 2016 and recorded in Volume 1677 at Page 404 of the
315	323		Official Public Records of Chambers County, Texas.
316	324		Thence: North 02°17'47" West along the Northernmost West line
317	325		of this tract, the West line of said 5.7270 acres and the East line
318	326		of said 4.964 acres for a distance of 383.93 feet to a point in the
319	327		South right-of-way line of said Interstate Highway No. 10 for the
320	328		Northernmost Northwest corner of this tract, the Northwest corner
321	329		of said 5.7270 acres and the Northeast corner of said 4.964 acres.
322	330		Thence: North 82°20'19" East along the Northernmost North
323	331		line of this tract, the North line of said 5.7270 acres and the
324	332		South right-of-way line of said Interstate Highway No. 10 for a
325	333		distance of 608.09 feet to the PLACE OF BEGINNING and containing
326	334		within these boundaries 187.1135 acres or 8,150,665 square feet of
327	335		land.
328	336		SECTION 3. (a) The legal notice of the intention to
329	337		introduce this Act, setting forth the general substance of this
330	338		Act, has been published as provided by law, and the notice and a
331	339		copy of this Act have been furnished to all persons, agencies,
332	340		officials, or entities to which they are required to be furnished
333	341		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
334	342		Government Code.
335	343		(b) The governor, one of the required recipients, has
336	344		submitted the notice and Act to the Texas Commission on
337	345		Environmental Quality.
338	346		(c) The Texas Commission on Environmental Quality has filed
339	347		its recommendations relating to this Act with the governor, the
340	348		lieutenant governor, and the speaker of the house of
341	349		representatives within the required time.
342	350		(d) All requirements of the constitution and laws of this
343	351		state and the rules and procedures of the legislature with respect
344	352		to the notice, introduction, and passage of this Act are fulfilled
345	353		and accomplished.
346	354		SECTION 4. (a) If this Act does not receive a two-thirds
347	355		vote of all the members elected to each house, Subchapter C, Chapter
348	356		8042, Special District Local Laws Code, as added by Section 1 of
349	357		this Act, is amended by adding Section 8042.0306 to read as follows:
350	358		Sec. 8042.0306. NO EMINENT DOMAIN POWER. The district may
351	359		not exercise the power of eminent domain.
352	360		(b) This section is not intended to be an expression of a
353	361		legislative interpretation of the requirements of Section 17(c),
354	362		Article I, Texas Constitution.
355	363		SECTION 5. This Act takes effect immediately if it receives
356	364		a vote of two-thirds of all the members elected to each house, as
357	365		provided by Section 39, Article III, Texas Constitution. If this
358	366		Act does not receive the vote necessary for immediate effect, this
359	367		Act takes effect September 1, 2019.
360		-	______________________________ ______________________________
361		-	President of the Senate Speaker of the House
362		-	I certify that H.B. No. 4673 was passed by the House on April
363		-	25, 2019, by the following vote: Yeas 116, Nays 20, 1 present, not
364		-	voting; and that the House concurred in Senate amendments to H.B.
365		-	No. 4673 on May 24, 2019, by the following vote: Yeas 133, Nays 5,
366		-	1 present, not voting.
367		-	______________________________
368		-	Chief Clerk of the House
369		-	I certify that H.B. No. 4673 was passed by the Senate, with
370		-	amendments, on May 15, 2019, by the following vote: Yeas 30, Nays
371		-	1.
372		-	______________________________
373		-	Secretary of the Senate
374		-	APPROVED: __________________
375		-	Date
376		-	__________________
377		-	Governor
	368	+	* * * * *