Texas 2019 - 86th Regular

Texas House Bill HB4683 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4683
	1	+	By: Stucky (Senate Sponsor - Nelson) H.B. No. 4683
	2	+	(In the Senate - Received from the House May 8, 2019;
	3	+	May 10, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 17, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 17, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the creation of the Hunter Ranch Improvement District
6	12		No. 1 of Denton County, Texas; providing authority to impose an
7	13		assessment, impose a tax, and issue bonds.
8	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	15		SECTION 1. Subtitle C, Title 4, Special District Local Laws
10	16		Code, is amended by adding Chapter 3980 to read as follows:
11	17		CHAPTER 3980. HUNTER RANCH IMPROVEMENT DISTRICT NO. 1 OF DENTON
12	18		COUNTY, TEXAS
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 3980.0101. DEFINITIONS. In this chapter:
15	21		(1) "Board" means the district's board of directors.
16	22		(2) "City" means the City of Denton, Texas.
17	23		(3) "County" means Denton County, Texas.
18	24		(4) "Developer of property in the district" means a
19	25		developer of property in the district as determined by the
20	26		governing body of the city.
21	27		(5) "Director" means a board member.
22	28		(6) "District" means the Hunter Ranch Improvement
23	29		District No. 1 of Denton County, Texas.
24	30		(7) "Operating agreement" means an agreement that
25	31		provides for:
26	32		(A) a general description of the improvement
27	33		projects that may be financed by the district; and
28	34		(B) the terms and conditions of:
29	35		(i) the financing of the improvement
30	36		projects described by Paragraph (A); and
31	37		(ii) the operation of the district.
32	38		(8) "Project agreement" means an agreement between the
33	39		city and a developer of property in the district that relates to any
34	40		aspect of the development of property in or outside the district.
35	41		The governing body of the city may determine whether an agreement
36	42		constitutes a project agreement for purposes of this chapter.
37	43		Sec. 3980.0102. NATURE OF DISTRICT. The Hunter Ranch
38	44		Improvement District No. 1 of Denton County, Texas, is a special
39	45		district created under Section 59, Article XVI, Texas Constitution.
40	46		Sec. 3980.0103. PURPOSE; DECLARATION OF INTENT. (a) The
41	47		creation of the district is essential to accomplish the purposes of
42	48		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
43	49		Texas Constitution, and other public purposes stated in this
44	50		chapter.
45	51		(b) By creating the district and in authorizing the city,
46	52		the county, and other political subdivisions to contract with the
47	53		district, the legislature has established a program to accomplish
48	54		the public purposes set out in Section 52-a, Article III, Texas
49	55		Constitution.
50	56		(c) The creation of the district is necessary to promote,
51	57		develop, encourage, and maintain employment, commerce,
52	58		transportation, housing, tourism, recreation, the arts,
53	59		entertainment, economic development, safety, and the public
54	60		welfare in the district.
55	61		(d) This chapter and the creation of the district may not be
56	62		interpreted to relieve the city and the county from providing the
57	63		level of services provided as of the effective date of the Act
58	64		enacting this chapter to the area in the district. The district is
59	65		created to supplement and not to supplant city or county services
60	66		provided in the district.
61	67		Sec. 3980.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
62	68		(a) All land and other property included in the district will
63	69		benefit from the improvements and services to be provided by the
64	70		district under powers conferred by Sections 52 and 52-a, Article
65	71		III, and Section 59, Article XVI, Texas Constitution, and other
66	72		powers granted under this chapter.
67	73		(b) The district is created to serve a public use and
68	74		benefit.
69	75		(c) The creation of the district is in the public interest
70	76		and is essential to further the public purposes of:
71	77		(1) developing and diversifying the economy of the
72	78		state;
73	79		(2) eliminating unemployment and underemployment;
74	80		(3) promoting the affordability of housing; and
75	81		(4) developing or expanding transportation and
76	82		commerce.
77	83		(d) The district will:
78	84		(1) promote the health, safety, and general welfare of
79	85		residents, employers, potential employees, employees, visitors,
80	86		and consumers in the district, and of the public;
81	87		(2) provide needed funding for the district to
82	88		preserve, maintain, and enhance the economic health and vitality of
83	89		the district territory as a community and business center;
84	90		(3) promote the health, safety, welfare, and enjoyment
85	91		of the public by providing pedestrian ways and by landscaping and
86	92		developing certain areas in the district, which are necessary for
87	93		the restoration, preservation, and enhancement of scenic beauty;
88	94		and
89	95		(4) provide for water, wastewater, drainage, road, and
90	96		recreational facilities for the district.
91	97		(e) Pedestrian ways along or across a street, whether at
92	98		grade or above or below the surface, and street lighting, street
93	99		landscaping, parking, and street art objects are parts of and
94	100		necessary components of a street and are considered to be a street
95	101		or road improvement.
96	102		(f) The district will not act as the agent or
97	103		instrumentality of any private interest even though the district
98	104		will benefit many private interests as well as the public.
99	105		Sec. 3980.0105. INITIAL DISTRICT TERRITORY. (a) The
100	106		district is initially composed of the territory described by
101	107		Section 2 of the Act enacting this chapter.
102	108		(b) The boundaries and field notes contained in Section 2 of
103	109		the Act enacting this chapter form a closure. A mistake in the
104	110		field notes or in copying the field notes in the legislative process
105	111		does not affect the district's:
106	112		(1) organization, existence, or validity;
107	113		(2) right to issue any type of bonds for the purposes
108	114		for which the district is created or to pay the principal of and
109	115		interest on the bonds;
110	116		(3) right to impose or collect an assessment or tax; or
111	117		(4) legality or operation.
112	118		Sec. 3980.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
113	119		All or any part of the area of the district is eligible to be
114	120		included in:
115	121		(1) a tax increment reinvestment zone created by the
116	122		city under Chapter 311, Tax Code; or
117	123		(2) a tax abatement reinvestment zone created by the
118	124		city under Chapter 312, Tax Code.
119	125		Sec. 3980.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
120	126		DISTRICTS LAW. Except as otherwise provided by this chapter,
121	127		Chapter 375, Local Government Code, applies to the district.
122	128		Sec. 3980.0108. CONSTRUCTION OF CHAPTER. This chapter
123	129		shall be liberally construed in conformity with the findings and
124	130		purposes stated in this chapter.
125	131		Sec. 3980.0109. CITY CONSENT; OPERATING AGREEMENT AND
126	132		PROJECT AGREEMENT REQUIRED. (a) Except as provided in Subsection
127	133		(c), before the district may exercise any powers under this
128	134		chapter:
129	135		(1) the city must adopt an ordinance or resolution
130	136		consenting to the creation of the district and to the inclusion of
131	137		land in the district;
132	138		(2) the city and the district must negotiate and
133	139		execute a mutually approved and accepted operating agreement; and
134	140		(3) the city and each developer of property in the
135	141		district must negotiate and execute a project agreement.
136	142		(b) This chapter expires December 31, 2020, if:
137	143		(1) the city and the district have not executed the
138	144		operating agreement required by Subsection (a)(2); or
139	145		(2) the city and each developer of property in the
140	146		district have not executed a project agreement as required by
141	147		Subsection (a)(3).
142	148		(c) The board has the powers necessary, convenient, or
143	149		desirable to negotiate and execute a mutually approved and accepted
144	150		operating agreement.
145	151		SUBCHAPTER B. BOARD OF DIRECTORS
146	152		Sec. 3980.0201. GOVERNING BODY; TERMS. (a) The district is
147	153		governed by a board of directors as provided in this section.
148	154		(b) Five directors are elected in the manner provided by
149	155		Subchapter D, Chapter 49, Water Code.
150	156		(c) The city may appoint one additional director to the
151	157		board.
152	158		(d) Section 375.063, Local Government Code, does not apply
153	159		to a director appointed by the city.
154	160		(e) If the city exercises its right to appoint a director
155	161		under Subsection (c), the board consists of six directors while the
156	162		appointed director serves on the board. If the city does not
157	163		exercise its right to appoint or reappoint a director under
158	164		Subsection (c), the board consists of five directors.
159	165		(f) Except as provided by Section 3980.0204, directors
160	166		serve staggered four-year terms.
161	167		Sec. 3980.0202. QUORUM. (a) Three members of the board
162	168		constitute a quorum regardless of whether the board has five or six
163	169		members.
164	170		(b) A majority vote of a quorum of the board is required for
165	171		official action.
166	172		(c) For purposes of determining the requirements for a
167	173		quorum of the board, the following are not counted:
168	174		(1) a board position vacant for any reason, including
169	175		death, resignation, or disqualification; or
170	176		(2) a director who is abstaining from participation in
171	177		a vote because of a conflict of interest.
172	178		Sec. 3980.0203. COMPENSATION. A director is entitled to
173	179		receive fees of office and reimbursement for actual expenses as
174	180		provided by Section 49.060, Water Code. Sections 375.069 and
175	181		375.070, Local Government Code, do not apply to the board.
176	182		Sec. 3980.0204. TEMPORARY DIRECTORS. (a) The temporary
177	183		board consists of:
178	184		(1) Matt Edgemon;
179	185		(2) Mike Brady;
180	186		(3) David Davidson Jr.;
181	187		(4) Amanda Green;
182	188		(5) Alan Hoffman; and
183	189		(6) a temporary director appointed by the city if the
184	190		city appoints a temporary director under Section 3980.0201(c).
185	191		(b) The temporary or successor temporary directors shall
186	192		hold an election as provided by Section 49.102, Water Code, to elect
187	193		the five permanent elected directors.
188	194		(c) Except for a temporary director appointed by the city,
189	195		temporary directors serve until the earlier of:
190	196		(1) the date the permanent elected directors are
191	197		elected under Subsection (b); or
192	198		(2) the fourth anniversary of the effective date of
193	199		the Act enacting this chapter.
194	200		(d) If the permanent elected directors have not been elected
195	201		under Subsection (b) and the terms of the temporary directors have
196	202		expired, successor temporary directors, other than a temporary
197	203		director appointed by the city, shall be appointed or reappointed
198	204		as provided by Subsection (e) to serve terms that expire on the
199	205		earlier of:
200	206		(1) the date the permanent elected directors are
201	207		elected under Subsection (b); or
202	208		(2) the fourth anniversary of the date of the
203	209		appointment or reappointment.
204	210		(e) If Subsection (d) applies, the owner or owners of a
205	211		majority of the assessed value of the real property in the district
206	212		may submit a petition to the Texas Commission on Environmental
207	213		Quality requesting that the commission appoint as successor
208	214		temporary directors the five persons named in the petition. The
209	215		commission shall appoint as successor temporary directors the five
210	216		persons named in the petition.
211	217		(f) A temporary director appointed by the city serves until
212	218		the fourth anniversary of the effective date of the Act enacting
213	219		this chapter.
214	220		SUBCHAPTER C. POWERS AND DUTIES
215	221		Sec. 3980.0301. GENERAL POWERS AND DUTIES. The district
216	222		has the powers and duties necessary to accomplish the purposes for
217	223		which the district is created.
218	224		Sec. 3980.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
219	225		district, using any money available to the district for the
220	226		purpose, may provide, design, construct, acquire, improve,
221	227		relocate, operate, maintain, or finance an improvement project or
222	228		service authorized under this chapter or Chapter 375, Local
223	229		Government Code.
224	230		(b) The district may contract with a governmental or private
225	231		entity to carry out an action under Subsection (a).
226	232		(c) The implementation of a district project or service is a
227	233		governmental function or service for the purposes of Chapter 791,
228	234		Government Code.
229	235		Sec. 3980.0303. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
230	236		The district may join and pay dues to a charitable or nonprofit
231	237		organization that performs a service or provides an activity
232	238		consistent with the furtherance of a district purpose.
233	239		Sec. 3980.0304. ADDING OR EXCLUDING LAND. (a) The district
234	240		may add or exclude land in the manner provided by Subchapter J,
235	241		Chapter 49, Water Code, or by Subchapter H, Chapter 54, Water Code.
236	242		(b) A district may not add or exclude land unless the city
237	243		consents to the addition or exclusion.
238	244		Sec. 3980.0305. DISBURSEMENTS AND TRANSFERS OF MONEY. The
239	245		board by resolution shall establish the number of directors'
240	246		signatures and the procedure required for a disbursement or
241	247		transfer of district money.
242	248		Sec. 3980.0306. APPROVAL BY THE CITY. (a) The district
243	249		must obtain the approval of the city for:
244	250		(1) the plans and specifications of an improvement
245	251		project financed by bonds, notes, or other obligations; and
246	252		(2) the plans and specifications of an improvement
247	253		project related to the use of land owned by the city, an easement
248	254		granted by the city, or a right-of-way of a street, road, or
249	255		highway.
250	256		(b) City approval may be by an administrative process that
251	257		does not involve the city's governing body, unless approval of the
252	258		city's governing body is required by federal, state, or local law,
253	259		ordinance, or regulation.
254	260		(c) Before issuing bonds, the district must:
255	261		(1) provide to the city the documents authorizing the
256	262		bonds;
257	263		(2) provide to the city a certification from each
258	264		developer of property in the district that the developer is in
259	265		compliance with the terms and conditions of the developer's project
260	266		agreement with the city; and
261	267		(3) certify that the district is in compliance with
262	268		the terms and conditions of the ordinance or resolution consenting
263	269		to the creation of the district under Section 3980.0109 and the
264	270		operating agreement entered into under that section.
265	271		(d) The city must complete the city's review of the
266	272		documents and certifications required by Subsection (c) not later
267	273		than the 30th day after the date the city receives the documents and
268	274		certifications. The city may object to the issuance of the bonds if
269	275		the city determines that:
270	276		(1) the district is not in compliance with the terms
271	277		and conditions of the ordinance or resolution consenting to the
272	278		creation of the district under Section 3980.0109;
273	279		(2) the district is not in compliance with the
274	280		operating agreement entered into under Section 3980.0109; or
275	281		(3) a developer of property in the district is not in
276	282		compliance with the terms and conditions of a project agreement
277	283		that applies to the developer.
278	284		(e) If the city objects to the district's issuance of bonds,
279	285		the district must obtain the consent of the city's governing body to
280	286		the issuance of the bonds. The city's governing body may not
281	287		unreasonably withhold consent to the issuance of bonds.
282	288		(f) Section 375.207, Local Government Code, does not apply
283	289		to the district.
284	290		Sec. 3980.0307. NO EMINENT DOMAIN POWER. The district may
285	291		not exercise the power of eminent domain.
286	292		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
287	293		Sec. 3980.0401. PETITION REQUIRED FOR FINANCING SERVICES
288	294		AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
289	295		service or improvement project with assessments under this chapter
290	296		unless a written petition requesting that service or improvement
291	297		has been filed with the board.
292	298		(b) A petition filed under Subsection (a) must be signed by
293	299		the owner or owners of a majority of the assessed value of real
294	300		property in the district subject to assessment according to the
295	301		most recent certified tax appraisal roll for the county.
296	302		Sec. 3980.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
297	303		The board by resolution may impose and collect an assessment for any
298	304		purpose authorized by this chapter in all or any part of the
299	305		district. Section 375.161, Local Government Code, does not apply
300	306		to an assessment imposed by the district.
301	307		(b) An assessment, a reassessment, or an assessment
302	308		resulting from an addition to or correction of the assessment roll
303	309		by the district, penalties and interest on an assessment or
304	310		reassessment, an expense of collection, and reasonable attorney's
305	311		fees incurred by the district:
306	312		(1) are a first and prior lien against the property
307	313		assessed;
308	314		(2) are superior to any other lien or claim other than
309	315		a lien or claim for county, school district, or municipal ad valorem
310	316		taxes; and
311	317		(3) are the personal liability of and a charge against
312	318		the owners of the property even if the owners are not named in the
313	319		assessment proceedings.
314	320		(c) The lien is effective from the date of the board's
315	321		resolution imposing the assessment until the date the assessment is
316	322		paid. The board may enforce the lien in the same manner that the
317	323		board may enforce an ad valorem tax lien against real property.
318	324		(d) The board may make a correction to or deletion from the
319	325		assessment roll that does not increase the amount of assessment of
320	326		any parcel of land without providing notice and holding a hearing in
321	327		the manner required for additional assessments.
322	328		Sec. 3980.0403. IMPACT FEES PROHIBITED. The district may
323	329		not adopt or impose an impact fee.
324	330		SUBCHAPTER E. TAXES AND BONDS
325	331		Sec. 3980.0501. TAX ELECTION REQUIRED. The district must
326	332		hold an election in the manner provided by Chapter 49, Water Code,
327	333		or, if applicable, Chapter 375, Local Government Code, to obtain
328	334		voter approval before the district may impose an ad valorem tax.
329	335		Sec. 3980.0502. OPERATION AND MAINTENANCE TAX. (a) If
330	336		authorized by a majority of the district voters voting at an
331	337		election under Section 3980.0501, the district may impose an
332	338		operation and maintenance tax on taxable property in the district
333	339		in the manner provided by Section 49.107, Water Code, for any
334	340		district purpose, including to:
335	341		(1) maintain and operate the district;
336	342		(2) construct or acquire improvements; or
337	343		(3) provide a service.
338	344		(b) The board shall determine the operation and maintenance
339	345		tax rate. The rate may not exceed the rate approved at the
340	346		election.
341	347		Sec. 3980.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
342	348		BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
343	349		terms determined by the board.
344	350		(b) The district may issue bonds, notes, or other
345	351		obligations payable wholly or partly from ad valorem taxes,
346	352		assessments, revenue, contract payments, grants, or other district
347	353		money, or any combination of those sources of money, to pay for any
348	354		authorized district purpose.
349	355		(c) The principal amount of bonds issued by the district in
350	356		aggregate may not exceed 10 percent of the assessed value of all
351	357		real property in the district.
352	358		Sec. 3980.0504. BONDS SECURED BY REVENUE OR CONTRACT
353	359		PAYMENTS. The district may issue, without an election, bonds
354	360		secured by:
355	361		(1) revenue other than ad valorem taxes, including
356	362		contract revenues; or
357	363		(2) contract payments, provided that the requirements
358	364		of Section 49.108, Water Code, have been met.
359	365		Sec. 3980.0505. BONDS SECURED BY AD VALOREM TAXES;
360	366		ELECTIONS. (a) If authorized at an election under Section
361	367		3980.0501, the district may issue bonds payable from ad valorem
362	368		taxes.
363	369		(b) Section 375.243, Local Government Code, does not apply
364	370		to the district.
365	371		(c) At the time the district issues bonds payable wholly or
366	372		partly from ad valorem taxes, the board shall provide for the annual
367	373		imposition of a continuing direct annual ad valorem tax, without
368	374		limit as to rate or amount, for each year that all or part of the
369	375		bonds are outstanding as required and in the manner provided by
370	376		Sections 54.601 and 54.602, Water Code.
371	377		(d) All or any part of any facilities or improvements that
372	378		may be acquired by a district by the issuance of its bonds may be
373	379		submitted as a single proposition or as several propositions to be
374	380		voted on at the election.
375	381		Sec. 3980.0506. CITY NOT REQUIRED TO PAY DISTRICT
376	382		OBLIGATIONS. Except as provided by Section 375.263, Local
377	383		Government Code, the city is not required to pay a bond, note, or
378	384		other obligation of the district.
379	385		SUBCHAPTER F. DEFINED AREAS
380	386		Sec. 3980.0601. AUTHORITY TO ESTABLISH DEFINED AREAS OR
381	387		DESIGNATED PROPERTY. The district may define areas or designate
382	388		certain property of the district to pay for improvements,
383	389		facilities, or services that primarily benefit that area or
384	390		property and do not generally and directly benefit the district as a
385	391		whole.
386	392		Sec. 3980.0602. PROCEDURE FOR ELECTION. (a) Before the
387	393		district may impose an ad valorem tax applicable only to the defined
388	394		area or designated property or issue bonds payable from ad valorem
389	395		taxes of the defined area or designated property, the board shall
390	396		hold an election as provided by Section 3980.0501 in the defined
391	397		area or designated property only.
392	398		(b) The board may submit the proposition to the voters on
393	399		the same ballot to be used in another election.
394	400		Sec. 3980.0603. DECLARING RESULT AND ISSUING ORDER.
395	401		(a) If a majority of the voters voting at the election held under
396	402		Section 3980.0602 approve the proposition or propositions, the
397	403		board shall declare the results and, by order, shall establish the
398	404		defined area or designated property and describe it by metes and
399	405		bounds or designate the specific area or property.
400	406		(b) The board's order is not subject to judicial review
401	407		except on the ground of fraud, palpable error, or arbitrary and
402	408		confiscatory abuse of discretion.
403	409		Sec. 3980.0604. TAXES FOR SERVICES, IMPROVEMENTS, AND
404	410		FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
405	411		approval and adoption of the order described by Section 3980.0603,
406	412		the district may apply separately, differently, equitably, and
407	413		specifically its taxing power and lien authority to the defined
408	414		area or designated property to provide money to construct,
409	415		administer, maintain, and operate services, improvements, and
410	416		facilities that primarily benefit the defined area or designated
411	417		property.
412	418		Sec. 3980.0605. ISSUANCE OF BONDS FOR DEFINED AREA OR
413	419		DESIGNATED PROPERTY. After the order under Section 3980.0603 is
414	420		adopted, the district may issue bonds to provide for any land,
415	421		improvements, facilities, plants, equipment, and appliances for
416	422		the defined area or designated property.
417	423		SUBCHAPTER G. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
418	424		Sec. 3980.0701. DIVISION OF DISTRICT; PREREQUISITES. The
419	425		district may be divided into two or more new districts only if the
420	426		district:
421	427		(1) has never issued any bonds; and
422	428		(2) is not imposing ad valorem taxes.
423	429		Sec. 3980.0702. LAW APPLICABLE TO NEW DISTRICT. This
424	430		chapter applies to any new district created by division of the
425	431		district, and a new district has all the powers and duties of the
426	432		district.
427	433		Sec. 3980.0703. LIMITATION ON AREA OF NEW DISTRICT. A new
428	434		district created by the division of the district may not, at the
429	435		time the new district is created, contain any land outside the area
430	436		described by Section 2 of the Act enacting this chapter.
431	437		Sec. 3980.0704. DIVISION PROCEDURES. (a) The board, on its
432	438		own motion or on receipt of a petition signed by the owner or owners
433	439		of a majority of the assessed value of the real property in the
434	440		district, may adopt an order dividing the district.
435	441		(b) An order dividing the district must:
436	442		(1) name each new district;
437	443		(2) include the metes and bounds description of the
438	444		territory of each new district;
439	445		(3) appoint temporary directors for each new district;
440	446		and
441	447		(4) provide for the division of assets and liabilities
442	448		between the new districts.
443	449		(c) On or before the 30th day after the date of adoption of
444	450		an order dividing the district, the district shall file the order
445	451		with the Texas Commission on Environmental Quality and record the
446	452		order in the real property records of each county in which the
447	453		district is located.
448	454		Sec. 3980.0705. DIRECTORS' ELECTION FOR NEW DISTRICT. A
449	455		new district created by the division of the district shall hold a
450	456		directors' election in the manner provided by Section 3980.0201.
451	457		Sec. 3980.0706. TAX OR BOND ELECTION. Before a new district
452	458		created by the division of the district may impose an operation and
453	459		maintenance tax under Section 3980.0502 or issue bonds payable
454	460		wholly or partly from ad valorem taxes, the new district must hold
455	461		an election as required by this chapter to obtain voter approval.
456	462		Sec. 3980.0707. CITY CONSENT. (a) City consent to the
457	463		creation of the district and to the inclusion of land in the
458	464		district granted under Section 3980.0109 acts as municipal consent
459	465		to the creation of any new district created by the division of the
460	466		district and to the inclusion of land in the new district.
461	467		(b) A new district created by division of the district is
462	468		subject to the terms and conditions contained in the ordinance or
463	469		resolution consenting to the creation of the district under Section
464	470		3980.0109.
465	471		Sec. 3980.0708. OPERATING AGREEMENT AND PROJECT AGREEMENT.
466	472		(a) Except as provided by Subsection (b), before a new district
467	473		created by division of the district may exercise any powers under
468	474		this chapter:
469	475		(1) the new district must enter into:
470	476		(A) a joinder to the existing operating agreement
471	477		between the city and the district; or
472	478		(B) a separate operating agreement with the city;
473	479		and
474	480		(2) each developer of property in the new district
475	481		must enter into:
476	482		(A) a joinder to an existing project agreement
477	483		between the city and a developer of property in the district
478	484		applicable to the territory in the new district; or
479	485		(B) a separate project agreement with the city.
480	486		(b) A new district created by division of the district has
481	487		the powers necessary, convenient, or desirable to negotiate and
482	488		execute an agreement described by Subsection (a).
483	489		SUBCHAPTER H. DISSOLUTION
484	490		Sec. 3980.0801. DISSOLUTION. (a) The board shall dissolve
485	491		the district on written petition filed with the board by the owner
486	492		or owners of:
487	493		(1) 66 percent or more of the assessed value of the
488	494		property subject to assessment by the district based on the most
489	495		recent certified county property tax rolls; or
490	496		(2) 66 percent or more of the surface area of the
491	497		district, excluding roads, streets, highways, utility
492	498		rights-of-way, other public areas, and other property exempt from
493	499		assessment by the district according to the most recent certified
494	500		county property tax rolls.
495	501		(b) The board by majority vote may dissolve the district at
496	502		any time.
497	503		(c) The district may not be dissolved by its board under
498	504		Subsection (a) or (b) if the district:
499	505		(1) has any outstanding bonded indebtedness until that
500	506		bonded indebtedness has been repaid or defeased in accordance with
501	507		the order or resolution authorizing the issuance of the bonds;
502	508		(2) has a contractual obligation to pay money until
503	509		that obligation has been fully paid in accordance with the
504	510		contract; or
505	511		(3) owns, operates, or maintains public works,
506	512		facilities, or improvements unless the district contracts with
507	513		another person for the ownership, operation, or maintenance of the
508	514		public works, facilities, or improvements.
509	515		(d) Sections 375.261, 375.262, and 375.264, Local
510	516		Government Code, do not apply to the district.
511	517		SECTION 2. The Hunter Ranch Improvement District No. 1 of
512	518		Denton County, Texas, initially includes all territory contained in
513	519		the following area:
514	520		TRACT 1:
515	521		BEING a tract of land situated in the E. Pizano Survey,
516	522		Abstract Number 994, the G. Pettingale Survey, Abstract Number
517	523		1041, the J. Taft Survey, Abstract Number 1269, the G. West Survey,
518	524		Abstract Number 1393, the B.B.B. & C.R.R. CO. Survey, Abstract
519	525		Number 158, Denton County, Texas, and being all of the remainder of
520	526		that tract of land described by deed to Petrus Investment, L.P.
521	527		(tract 1), recorded in Instrument Number 1998-117450, and all of
522	528		that tract of land described by deed to Hillwood Investment Land,
523	529		L.P., recorded in Instrument Number 2015-146192, Real Property
524	530		Records, Denton County, Texas, and being more particularly
525	531		described by metes and bounds as follows:
526	532		BEGINNING at the southwest corner of said Tract 1, being in
527	533		the north right-of-way line of Robson Ranch Road;
528	534		THENCE N 00°37'44"W, 3285.00 feet, departing said north
529	535		right-of-way line;
530	536		THENCE N 00°29'34"W, 3074.88 feet;
531	537		THENCE S 89°50'59"W, 1215.90 feet;
532	538		THENCE N 00°07'16"E, 3802.59 feet;
533	539		THENCE N 89°46'52"E, 5806.39 feet;
534	540		THENCE N 01°19'45"E, 92.25 feet;
535	541		THENCE N 89°29'17"E, 5406.54 feet, to the approximate center
536	542		line of John Paine Road;
537	543		THENCE N 00°09'21"W, 6119.82 feet, with said approximate
538	544		center line;
539	545		THENCE N 44°00'59"E, 231.30 feet, departing said approximate
540	546		center line, to the south right-of-way line of FM 2449, being the
541	547		beginning of a curve to the right;
542	548		THENCE with said south right-of-way line and said curve to
543	549		the right, an arc distance of 215.79 feet, through a central angle
544	550		of 11°16'41", having a radius of 1096.28 feet, the long chord which
545	551		bears S 66°45'34"E, 215.44 feet;
546	552		THENCE S 61°07'13"E, 2320.45 feet, continuing with said south
547	553		right-of-way line, to the beginning of a curve to the left;
548	554		THENCE with said south right-of-way line and said curve to
549	555		the left, an arc distance of 151.20 feet, through a central angle of
550	556		01°29'56", having a radius of 5779.65 feet, the long chord which
551	557		bears S 61°52'12"E, 151.19 feet;
552	558		THENCE S 00°27'53"E, 1963.20 feet;
553	559		THENCE S 89°55'28"E, 47.53 feet, to the west right-of-way line
554	560		of Interstate Highway 35W;
555	561		THENCE with said west right-of-way line the following
556	562		bearings and distances:
557	563		S 26°18'12"W, 1542.25 feet;
558	564		S 32°02'34"W, 199.99 feet;
559	565		S 26°18'12"W, 400.06 feet;
560	566		S 19°10'44"W, 201.57 feet;
561	567		S 26°18'12"W, 2962.69 feet;
562	568		N 33°34'41"W, 200.24 feet;
563	569		N 19°12'37"W, 155.68 feet;
564	570		N 00°31'13"W, 111.31 feet;
565	571		N 30°43'14"W, 44.34 feet;
566	572		N 89°58'11"W, 46.00 feet;
567	573		S 29°23'22"W, 44.72 feet;
568	574		S 00°31'13"E, 210.31 feet;
569	575		S 10°43'27"E, 103.30 feet;
570	576		S 00°31'13"E, 118.88 feet;
571	577		S 33°43'52"E, 270.79 feet;
572	578		S 26°18'12"W, 2560.86 feet;
573	579		S 27°54'47"W, 605.73 feet;
574	580		S 29°23'19"W, 2716.37 feet;
575	581		S 35°04'08"W, 202.07 feet;
576	582		S 29°23'19"W, 899.62 feet;
577	583		S 32°15'04"W, 144.34 feet;
578	584		S 89°59'41"W, 56.40 feet;
579	585		S 00°37'05"E, 92.68 feet;
580	586		S 29°23'19"W, 749.32 feet;
581	587		S 32°50'37"W, 497.80 feet;
582	588		S 29°18'00"W, 128.98 feet;
583	589		S 29°23'18"W, 922.23 feet;
584	590		THENCE S 65°32'46"W, 23.56 feet, to the north right-of-way
585	591		line of Robson Ranch Road;
586	592		THENCE with said north right-of-way line the following
587	593		bearings and distances:
588	594		S 89°52'13"W, 246.95 feet;
589	595		N 00°19'14"W, 5.20 feet;
590	596		S 89°53'26"W, 290.34 feet;
591	597		S 00°06'34"E, 5.00 feet;
592	598		S 89°53'26"W, 200.00 feet;
593	599		S 00°06'34"E, 5.00 feet;
594	600		S 89°53'26"W, 600.00 feet;
595	601		S 00°06'34"E, 5.00 feet;
596	602		THENCE S 89°53'26"W, 4134.86 feet to the Point of Beginning
597	603		and containing 102,688,371 square feet or 2357.40 acres of land
598	604		more or less.
599	605		TRACT 2:
600	606		BEING a tract of land situated in the B.B.B. & C.R.R. Co.
601	607		Survey, Abstract Number 158, the J. Taft Survey, Abstract Number
602	608		1269, the B.B.B & C.R.R. Co. Survey, Abstract Number 159, the G.
603	609		Pettingale Survey, Abstract Number 1041, the B.B.B. & C.R.R. Co.
604	610		Survey, Abstract Number 160, the S. Pritchett Survey, Abstract
605	611		Number 1021 and the G. West Survey, Abstract Number 1393, Denton
606	612		County, Texas, and being the remainder of that tract of land
607	613		described by deed to Petrus investment, L.P., recorded in
608	614		Instrument Number 1998-117450, Real Property Records, Denton
609	615		County, Texas and being more particularly described by metes and
610	616		bounds as follows:
611	617		BEGINNING at the intersection of the of John Paine Road and
612	618		Johnson Lane;
613	619		THENCE S 00°30'43"E, 3045.50 feet, with the approximate
614	620		centerline of said John Paine Road, to the beginning of a curve to
615	621		the left;
616	622		THENCE with said approximate centerline and said curve to the
617	623		left, an arc distance of 179.75 feet, through a central angle of
618	624		19°11'48", having a radius of 536.50 feet, the long chord which
619	625		bears S 09°24'16"W, 178.91 feet;
620	626		THENCE S 00°13'45"E, 426.23 feet, with said approximate
621	627		centerline;
622	628		THENCE S 89°53'42"W, 2258.03 feet, departing said approximate
623	629		centerline;
624	630		THENCE N 00°26'28"E, 497.90 feet;
625	631		THENCE S 89°59'41"W, 273.92 feet, to the east right-of-way
626	632		line of Interstate Highway 35W;
627	633		THENCE with said east right-of-way line the following
628	634		bearings and distances:
629	635		N 29°23'19"E, 847.04 feet;
630	636		N 23°44'25"E, 203.21 feet;
631	637		N 29°23'16"E, 2716.06 feet;
632	638		N 27°54'47"E, 621.79 feet;
633	639		N 26°18'12"E, 2150.05 feet;
634	640		N 89°55'52"E, 470.07 feet;
635	641		S 76°13'57"E, 71.47 feet;
636	642		N 89°37'20"E, 80.00 feet;
637	643		N 71°38'56"E, 52.97 feet;
638	644		N 16°39'41"E, 51.30 feet;
639	645		N 70°04'44"W, 229.45 feet;
640	646		N 54°35'05"W, 163.69 feet;
641	647		N 33°40'57"W, 209.99 feet;
642	648		N 26°18'12"E, 3164.78 feet;
643	649		N 36°14'02"E, 202.95 feet;
644	650		N 26°18'12"E, 399.25 feet;
645	651		N 32°45'23"E, 400.40 feet;
646	652		N 26°18'12"E, 399.87 feet;
647	653		N 14°58'58"E, 305.66 feet;
648	654		N 26°18'12"E, 833.31 feet;
649	655		THENCE N 89°32'14"E, 1998.29 feet, departing said east
650	656		right-of-way line;
651	657		THENCE S 00°48'03"E, 5473.72 feet, to the approximate
652	658		centerline of Allred Road;
653	659		THENCE S 89°49'27"W, 3048.35 feet, with said approximate
654	660		centerline;
655	661		THENCE S 00°27'04"E, 2640.07 feet, departing said approximate
656	662		centerline;
657	663		THENCE S 89°59'08"W, 2353.13 feet to the Point of Beginning
658	664		and containing 31,246,880 square feet or 717.33 acres of land more
659	665		or less.
660	666		TRACT 3:
661	667		BEING a tract of land situated in the S. Pritchett Survey,
662	668		Abstract Number 1004, the G. West Survey, Abstract Number 1393, the
663	669		C.W. Byerly Survey, Abstract Number 1458, and the J. Dalton Survey,
664	670		Abstract Number 353, Denton County, Texas, and being all of the
665	671		remainder of that tract of land described by deed to Petrus
666	672		Investment, L.P., (tract 3) recorded in Instrument Number
667	673		1998-117450, Real Property Records, Denton County, Texas, and being
668	674		more particularly described by metes and bounds as follows:
669	675		BEGINNING at an ell corner in the east line of said tract 3,
670	676		being the northwest corner of that tract of land described by deed
671	677		to Southwest Denton Venture, recorded in Instrument Number
672	678		1994-94865, said Real Property Records;
673	679		THENCE S 00°26'39"E, 996.99 feet, with the east line of said
674	680		tract 3, to the north right-of-way line of FM 2449, being the
675	681		beginning of a curve to the right;
676	682		THENCE with said north right-of-way line and said curve to
677	683		the right, an arc distance of 95.22 feet, through a central angle of
678	684		00°57'38", having a radius of 5679.65 feet, the long chord which
679	685		bears N 61°36'02"W, 95.22 feet;
680	686		THENCE N 61°07'13"W, 2320.45 feet, with said north
681	687		right-of-way line;
682	688		THENCE N 00°16'51"W, 99.92 feet, to the approximate
683	689		centerline of Underwood Road;
684	690		THENCE N 89°44'37"E, 986.31 feet, with said approximate
685	691		centerline;
686	692		THENCE N 01°13'53"E, 1106.15 feet, continuing with said
687	693		approximate centerline, to the southwest corner of that tract of
688	694		land described by deed to W.C. Lynch, recorded in Instrument Number
689	695		1991-23744, said Real Property Records;
690	696		THENCE S 89°48'49"E, 1847.04 feet, with the south line of said
691	697		Lynch tract;
692	698		THENCE S 00°25'26"E, 427.73 feet, departing said south line,
693	699		to the approximate centerline of Hickory Creek;
694	700		THENCE with the approximate centerline of Hickory Creek the
695	701		following bearings and distances:
696	702		S 40°20'08"E, 256.75 feet;
697	703		S 49°08'35"E, 333.56 feet;
698	704		S 44°58'00"E, 94.76 feet;
699	705		S 24°00'36"E, 123.31 feet;
700	706		S 05°41'36"W, 211.41 feet;
701	707		THENCE S 02°18'34"E, 131.60 feet, to the north line of the
702	708		aforementioned Southwest Denton JV tract;
703	709		THENCE S 89°32'45"W, 1271.86 feet, departing said Hickory
704	710		Creek, to the Point of Beginning and containing 4,050,704 square
705	711		feet or 92.99 acres of land more or less.
706	712		SECTION 3. (a) The legal notice of the intention to
707	713		introduce this Act, setting forth the general substance of this
708	714		Act, has been published as provided by law, and the notice and a
709	715		copy of this Act have been furnished to all persons, agencies,
710	716		officials, or entities to which they are required to be furnished
711	717		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
712	718		Government Code.
713	719		(b) The governor, one of the required recipients, has
714	720		submitted the notice and Act to the Texas Commission on
715	721		Environmental Quality.
716	722		(c) The Texas Commission on Environmental Quality has filed
717	723		its recommendations relating to this Act with the governor,
718	724		lieutenant governor, and speaker of the house of representatives
719	725		within the required time.
720	726		(d) All requirements of the constitution and laws of this
721	727		state and the rules and procedures of the legislature with respect
722	728		to the notice, introduction, and passage of this Act have been
723	729		fulfilled and accomplished.
724	730		SECTION 4. This Act takes effect immediately if it receives
725	731		a vote of two-thirds of all the members elected to each house, as
726	732		provided by Section 39, Article III, Texas Constitution. If this
727	733		Act does not receive the vote necessary for immediate effect, this
728	734		Act takes effect September 1, 2019.
729		-	______________________________ ______________________________
730		-	President of the Senate Speaker of the House
731		-	I certify that H.B. No. 4683 was passed by the House on May 7,
732		-	2019, by the following vote: Yeas 130, Nays 16, 2 present, not
733		-	voting.
734		-	______________________________
735		-	Chief Clerk of the House
736		-	I certify that H.B. No. 4683 was passed by the Senate on May
737		-	22, 2019, by the following vote: Yeas 28, Nays 3.
738		-	______________________________
739		-	Secretary of the Senate
740		-	APPROVED: _____________________
741		-	Date
742		-	_____________________
743		-	Governor
	735	+	* * * * *