Texas 2019 - 86th Regular

Texas House Bill HB4674 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4674
	1	+	By: Bailes (Senate Sponsor - Creighton) H.B. No. 4674
	2	+	(In the Senate - Received from the House April 25, 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 0;
	6	+	May 9, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 4674 By: Alvarado
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. 2; 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 8039 to read as follows:
12	20		CHAPTER 8039. CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 2
13	21		SUBCHAPTER A. GENERAL PROVISIONS
14	22		Sec. 8039.0101. 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. 2.
21	29		Sec. 8039.0102. 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. 8039.0103. 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. 8039.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	37		temporary directors may not hold an election under Section
30	38		8039.0103 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. 8039.0105. 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. 8039.0106. 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		-	Sec. 8039.0201. GOVERNING BODY; TERMS. (a) The district is
58		-	governed by a board of five elected directors.
	65	+	Sec. 8039.0201. GOVERNING BODY; TERMS. (a) The district
	66	+	is governed by a board of five elected directors.
59	67		(b) Except as provided by Section 8039.0202, directors
60	68		serve staggered four-year terms.
61	69		Sec. 8039.0202. 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 8039.0103; 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 8039.0103 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 8039.0103; 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. 8039.0301. 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. 8039.0302. 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. 8039.0303. 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. 8039.0304. 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. 8039.0305. 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		-	Sec. 8039.0401. ELECTIONS REGARDING TAXES OR BONDS. ~~(a)~~
125		-	The district may issue, without an election, bonds and other
	132	+	Sec. 8039.0401. ELECTIONS REGARDING TAXES OR BONDS.
	133	+	(a) 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 8039.0403.
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. 8039.0402. OPERATION AND MAINTENANCE TAX. (a) If
138	146		authorized at an election held under Section 8039.0401, 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. 8039.0403. 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. 8039.0501. 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. 8039.0502. 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. 8039.0503. 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. 2 initially includes all the territory contained in the
173	181		following area:
174	182		Being a 363.441 acre tract of land located in the B. Winfree
175	183		Survey, Abstract No. 28, Chambers County, Texas; said 363.441 acre
176	184		tract being all of a called 171.900 acre tract of land (Tract 1) and
177	185		all of a called 191.541 acre tract of land (Tract 2) recorded in the
178	186		name of Ameriport, LLC. in Document No. 2018-134001 of the Official
179	187		Public Records of Chambers County (O.P.R.C.C.); said 363.441 acre
180	188		tract being more particularly described as Tract 1 and Tract 2 by
181	189		metes and bounds as follows (all bearings are referenced to the
182	190		Texas Coordinate System, North American Datum 1983 (NAD 83), South
183	191		Central Zone):
184	192		Tract 1:
185	193		Beginning at a called 5/8-inch iron rod at the northeast
186	194		corner of said 171.900 acre tract and the northwest corner of a
187	195		called 43.23 acre tract of land recorded in the name of Guy Pfitzner
188	196		in Volume 1573, Page 416 of the O.P.R.C.C., and being on the
189	197		southerly line of a called 254.14 acre tract of land recorded in the
190	198		name of Grand Parkway/Kilgore Parkway, L.P. in Volume 1067, Page
191	199		264 of the O.P.R.C.C.;
192	200		1. Thence, with the easterly line of said 171.900 acre tract
193	201		and the westerly line of said 43.23 acre tract, South 02 degrees 47
194	202		minutes 36 seconds East, a distance of 2,995.19 feet to the
195	203		southeast corner of said 171.900 acre tract and the southwest
196	204		corner of said 43.23 acre tract, and being on the northwesterly
197	205		right-of-way line of FM 565 (width varies) as recorded in Volume
198	206		121, Page 151 and 214 and Volume 978, Page 325 of the C.C.D.R.;
199	207		2. Thence, with the southeasterly line of said 171.900 acre
200	208		tract and said northwesterly right-of-way line of FM 565, South 50
201	209		degrees 13 minutes 52 seconds West, a distance of 856.17 feet;
202	210		3. Thence, continuing with said southeasterly line of the
203	211		171.900 acre tract and said northwesterly right-of-way line of FM
204	212		565, South 50 degrees 17 minutes 52 seconds West, a distance of
205	213		1,904.70 feet to the southwesterly corner of said 171.900 acre
206	214		tract and being at the intersection with the northeasterly
207	215		right-of-way line of Needlepoint Road (width varies);
208	216		4. Thence, with the westerly line of said 171.900 acre tract
209	217		and said easterly right-of-way line of Needlepoint Road, North 28
210	218		degrees 59 minutes 14 seconds West, a distance of 214.63 feet to the
211	219		most southerly corner of a called 27.650 acre tract of land recorded
212	220		in the name of State of Texas in Volume 570, Page 546 and Volume 899,
213	221		Page 415 of the O.P.R.C.C., and being on the easterly right-of-way
214	222		line of State Highway 99 (Grand Parkway) (width varies);
215	223		Thence, with the westerly line of said 171.900 acre tract and
216	224		said easterly right-of-way line of State Highway 99, the following
217	225		five (5) courses:
218	226		5. North 08 degrees 03 minutes 08 seconds West, a distance
219	227		of 169.59 feet;
220	228		6. North 16 degrees 55 minutes 00 seconds East, a distance
221	229		of 766.59 feet;
222	230		7. 679.78 feet along the arc of a curve to the left, said
223	231		curve having a central angle of 19 degrees 28 minutes 27 seconds, a
224	232		radius of 2,000.00 feet and a chord that bears North 07 degrees 10
225	233		minutes 49 seconds East, a distance of 676.51 feet;
226	234		8. North 02 degrees 33 minutes 28 seconds West, a distance
227	235		of 1,718.97 feet;
228	236		9. 1,206.61 feet along the arc of a curve to the right, said
229	237		curve having a central angle of 10 degrees 02 minutes 11 seconds, a
230	238		radius of 6,888.29 feet and a chord that bears North 02 degrees 27
231	239		minutes 38 seconds East, a distance of 1,205.07 feet to the
232	240		northwest corner of aforesaid 171.900 acre tract and the southwest
233	241		corner of aforesaid 254.14 acre tract;
234	242		10. Thence, with the northerly line of said 171.900 acre
235	243		tract and the southerly line of said 254.14 acre tract, North 87
236	244		degrees 39 minutes 30 seconds East, a distance of 1,824.19 feet to
237	245		the Point of Beginning and containing 171.900 acres of land in Tract
238	246		1.
239	247		Tract 2:
240	248		Beginning at a called 5/8-inch iron rod at the southwest
241	249		corner of aforesaid 191.541 acre tract and the northwest corner of a
242	250		called 1.228 acre tract of land recorded in the name of Johland
243	251		Investments, LLC. in Volume 1704, Page 156 of the O.P.R.C.C., and
244	252		being on the northeasterly right-of-way line of FM 2354
245	253		(120.00-feet wide) as recorded in Volume 191, Page 542 of the
246	254		Chambers County Deed Records (C.C.D.R.);
247	255		1. Thence, with the southwesterly line of said 191.541 acre
248	256		tract and said northeasterly right-of-way line of FM 2354, 485.65
249	257		feet along the arc of a curve to the left, said curve having a
250	258		central angle of 04 degrees 51 minutes 23 seconds, a radius of
251	259		5,729.58 feet and a chord that bears North 37 degrees 33 minutes 03
252	260		seconds West, a distance of 485.51 feet;
253	261		2. Thence, continuing with said southwesterly line of the
254	262		191.541 acre tract and said northeasterly right-of-way line of FM
255	263		2354, North 40 degrees 38 minutes 16 seconds West, a distance of
256	264		857.53 feet to the southerly end of a cutback corner at the
257	265		intersection with the southeasterly right-of-way line of aforesaid
258	266		FM 565;
259	267		3. Thence, with said cutback, North 13 degrees 53 minutes 15
260	268		seconds West, a distance of 111.07 feet to the northerly end of said
261	269		cutback;
262	270		4. Thence, with the northwesterly line of said 191.541 and
263	271		said southeasterly right-of-way line of FM 565, North 50 degrees 17
264	272		minutes 52 seconds East, a distance of 1,842.85 feet;
265	273		5. Thence, continuing with said northwesterly line of the
266	274		191.541 acre tract and said southeasterly right-of-way line, North
267	275		50 degrees 13 minutes 52 seconds East, a distance of 1,471.18 feet
268	276		to the most northerly corner of said 191.541 acre tract and the
269	277		westerly corner of Tiffany Acres Section 2, a subdivision recorded
270	278		in Volume A, Page 243 of the Chambers County Map Records (C.C.M.R.);
271	279		6. Thence, with the northeasterly line of said 191.541 acre
272	280		tract, the southwesterly line of said Tiffany Acres Section 2, and
273	281		the southwesterly line of a called 2.000 acre tract of land recorded
274	282		in the name of David Michael McAdams and Jodie L. McAdams in Volume
275	283		662, Page 363 of the O.P.R.C.C., South 39 degrees 41 minutes 39
276	284		seconds East, a distance of 2,744.85 feet to the most easterly
277	285		northeast corner of said 191.541 acre tract and the southerly
278	286		corner of said 2.000 acre tract, and being on the westerly line of a
279	287		called 2.000 acre tract of land recorded in the name of Norberto
280	288		Pagan and Delia Pagan in Volume 236, Page 460 of the O.P.R.C.C.;
281	289		7. Thence, with the easterly line of said 191.541 acre
282	290		tract, the westerly line of said 2.000 acre tract, the westerly line
283	291		of a called 1.000 acre tract of land recorded in the name of
284	292		Valentin Garcia and Hilda A. Garcia in Volume 236, Page 474 of the
285	293		O.P.R.C.C., the westerly line of a called 1.000 acre tract of land
286	294		recorded in the name of Wyman Tod Stephens in Volume 1215, Page 524
287	295		of the O.P.R.C.C., the westerly line of a called 2.00 acre tract of
288	296		land recorded in the name of Graciela Hurtado Reyna in Volume 1502,
289	297		Page 625 of the O.P.R.C.C., and the westerly line of a called 1.9912
290	298		acre tract of land recorded in the name of Dennis Ray Peting and
291	299		Drena Lee Peting in Volume 150, Page 218 of the O.P.R.C.C., South 02
292	300		degrees 45 minutes 29 seconds East, a distance of 637.48 feet to the
293	301		most easterly southeast corner of said 191.541 acre tract and the
294	302		northeast corner of a called 7.965 acre tract recorded in the name
295	303		of NEQ Investments, LLC. in Volume 952, Page 729 of the O.P.R.C.C.;
296	304		8. Thence, with the southerly line of said 191.541 acre
297	305		tract and the northerly line of said 7.965 acre tract, South 86
298	306		degrees 48 minutes 29 seconds West, a distance of 1,085.42 feet to
299	307		an interior corner of said 191.541 acre tract and the northwest
300	308		corner of said 7.965 acre tract;
301	309		9. Thence, with an easterly line of said 191.541 acre tract
302	310		and the westerly line of said 7.965 acre tract, South 03 degrees 11
303	311		minutes 31 seconds East, a distance of 320.00 feet to the most
304	312		southerly southeast corner of said 191.541 acre tract, the
305	313		southwest corner of said 7.965 acre tract, and the northeast corner
306	314		of a called 8.66 acre tract of land recorded in the name of David L.
307	315		Gamble in Volume 337, Page 419 of the O.P.R.C.C.;
308	316		10. Thence, with the southerly line of said 191.541 acre
309	317		tract, the northerly line of said 8.66 acre tract, the northerly
310	318		line of a called 1.7 acre tract recorded in the name of General
311	319		Telephone Company (Verizon Communications-Texas) in Volume 307,
312	320		Page 642 of the O.P.R.C.C., the northerly line of a called 2.1681
313	321		acre tract of land recorded in the name of David Schaffer and wife,
314	322		Donna Schaffer in Volume 27, Page 509 of the O.P.R.C.C., and the
315	323		northerly line of aforesaid 1.228 acre tract, South 86 degrees 48
316	324		minutes 29 seconds West, a distance of 2,389.16 feet to the Point of
317	325		Beginning and containing 191.541 acres of land in Tract 2.
318	326		SECTION 3. (a) The legal notice of the intention to
319	327		introduce this Act, setting forth the general substance of this
320	328		Act, has been published as provided by law, and the notice and a
321	329		copy of this Act have been furnished to all persons, agencies,
322	330		officials, or entities to which they are required to be furnished
323	331		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
324	332		Government Code.
325	333		(b) The governor, one of the required recipients, has
326	334		submitted the notice and Act to the Texas Commission on
327	335		Environmental Quality.
328	336		(c) The Texas Commission on Environmental Quality has filed
329	337		its recommendations relating to this Act with the governor, the
330	338		lieutenant governor, and the speaker of the house of
331	339		representatives within the required time.
332	340		(d) All requirements of the constitution and laws of this
333	341		state and the rules and procedures of the legislature with respect
334	342		to the notice, introduction, and passage of this Act are fulfilled
335	343		and accomplished.
336	344		SECTION 4. (a) If this Act does not receive a two-thirds
337	345		vote of all the members elected to each house, Subchapter C, Chapter
338	346		8039, Special District Local Laws Code, as added by Section 1 of
339	347		this Act, is amended by adding Section 8039.0306 to read as follows:
340	348		Sec. 8039.0306. NO EMINENT DOMAIN POWER. The district may
341	349		not exercise the power of eminent domain.
342	350		(b) This section is not intended to be an expression of a
343	351		legislative interpretation of the requirements of Section 17(c),
344	352		Article I, Texas Constitution.
345	353		SECTION 5. This Act takes effect immediately if it receives
346	354		a vote of two-thirds of all the members elected to each house, as
347	355		provided by Section 39, Article III, Texas Constitution. If this
348	356		Act does not receive the vote necessary for immediate effect, this
349	357		Act takes effect September 1, 2019.
350		-	______________________________ ______________________________
351		-	President of the Senate Speaker of the House
352		-	I certify that H.B. No. 4674 was passed by the House on April
353		-	24, 2019, by the following vote: Yeas 137, Nays 7, 1 present, not
354		-	voting; and that the House concurred in Senate amendments to H.B.
355		-	No. 4674 on May 24, 2019, by the following vote: Yeas 129, Nays 11,
356		-	1 present, not voting.
357		-	______________________________
358		-	Chief Clerk of the House
359		-	I certify that H.B. No. 4674 was passed by the Senate, with
360		-	amendments, on May 15, 2019, by the following vote: Yeas 30, Nays
361		-	1.
362		-	______________________________
363		-	Secretary of the Senate
364		-	APPROVED: __________________
365		-	Date
366		-	__________________
367		-	Governor
	358	+	* * * * *