Texas 2019 - 86th Regular

Texas House Bill HB4718 Compare Versions

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1-H.B. No. 4718
1+By: Thompson of Brazoria (Senate Sponsor - Taylor) H.B. No. 4718
2+ (In the Senate - Received from the House May 6, 2019;
3+ May 6, 2019, read first time and referred to Committee on
4+ Intergovernmental Relations; May 15, 2019, reported favorably by
5+ the following vote: Yeas 7, Nays 0; May 15, 2019, sent to printer.)
6+Click here to see the committee vote
27
38
9+ A BILL TO BE ENTITLED
410 AN ACT
511 relating to the creation of the Brazoria County Municipal Utility
612 District No. 77; granting a limited power of eminent domain;
713 providing authority to issue bonds; providing authority to impose
814 assessments, fees, and taxes.
915 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1016 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1117 Code, is amended by adding Chapter 8379 to read as follows:
1218 CHAPTER 8379. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 77
1319 SUBCHAPTER A. GENERAL PROVISIONS
1420 Sec. 8379.0101. DEFINITIONS. In this chapter:
1521 (1) "Board" means the district's board of directors.
1622 (2) "Commission" means the Texas Commission on
1723 Environmental Quality.
1824 (3) "Director" means a board member.
1925 (4) "District" means the Brazoria County Municipal
2026 Utility District No. 77.
2127 Sec. 8379.0102. NATURE OF DISTRICT. The district is a
2228 municipal utility district created under Section 59, Article XVI,
2329 Texas Constitution.
2430 Sec. 8379.0103. CONFIRMATION AND DIRECTOR ELECTION
2531 REQUIRED. The temporary directors shall hold an election to
2632 confirm the creation of the district and to elect five permanent
2733 directors as provided by Section 49.102, Water Code.
2834 Sec. 8379.0104. CONSENT OF MUNICIPALITY REQUIRED. The
2935 temporary directors may not hold an election under Section
3036 8379.0103 until each municipality in whose corporate limits or
3137 extraterritorial jurisdiction the district is located has
3238 consented by ordinance or resolution to the creation of the
3339 district and to the inclusion of land in the district.
3440 Sec. 8379.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3541 (a) The district is created to serve a public purpose and benefit.
3642 (b) The district is created to accomplish the purposes of:
3743 (1) a municipal utility district as provided by
3844 general law and Section 59, Article XVI, Texas Constitution; and
3945 (2) Section 52, Article III, Texas Constitution, that
4046 relate to the construction, acquisition, improvement, operation,
4147 or maintenance of macadamized, graveled, or paved roads, or
4248 improvements, including storm drainage, in aid of those roads.
4349 Sec. 8379.0106. INITIAL DISTRICT TERRITORY. (a) The
4450 district is initially composed of the territory described by
4551 Section 2 of the Act enacting this chapter.
4652 (b) The boundaries and field notes contained in Section 2 of
4753 the Act enacting this chapter form a closure. A mistake made in the
4854 field notes or in copying the field notes in the legislative process
4955 does not affect the district's:
5056 (1) organization, existence, or validity;
5157 (2) right to issue any type of bond for the purposes
5258 for which the district is created or to pay the principal of and
5359 interest on a bond;
5460 (3) right to impose a tax; or
5561 (4) legality or operation.
5662 SUBCHAPTER B. BOARD OF DIRECTORS
5763 Sec. 8379.0201. GOVERNING BODY; TERMS. (a) The district is
5864 governed by a board of five elected directors.
5965 (b) Except as provided by Section 8379.0202, directors
6066 serve staggered four-year terms.
6167 Sec. 8379.0202. TEMPORARY DIRECTORS. (a) On or after the
6268 effective date of the Act enacting this chapter, the owner or owners
6369 of a majority of the assessed value of the real property in the
6470 district may submit a petition to the commission requesting that
6571 the commission appoint as temporary directors the five persons
6672 named in the petition. The commission shall appoint as temporary
6773 directors the five persons named in the petition.
6874 (b) Temporary directors serve until the earlier of:
6975 (1) the date permanent directors are elected under
7076 Section 8379.0103; or
7177 (2) the fourth anniversary of the effective date of
7278 the Act enacting this chapter.
7379 (c) If permanent directors have not been elected under
7480 Section 8379.0103 and the terms of the temporary directors have
7581 expired, successor temporary directors shall be appointed or
7682 reappointed as provided by Subsection (d) to serve terms that
7783 expire on the earlier of:
7884 (1) the date permanent directors are elected under
7985 Section 8379.0103; or
8086 (2) the fourth anniversary of the date of the
8187 appointment or reappointment.
8288 (d) If Subsection (c) applies, the owner or owners of a
8389 majority of the assessed value of the real property in the district
8490 may submit a petition to the commission requesting that the
8591 commission appoint as successor temporary directors the five
8692 persons named in the petition. The commission shall appoint as
8793 successor temporary directors the five persons named in the
8894 petition.
8995 SUBCHAPTER C. POWERS AND DUTIES
9096 Sec. 8379.0301. GENERAL POWERS AND DUTIES. The district
9197 has the powers and duties necessary to accomplish the purposes for
9298 which the district is created.
9399 Sec. 8379.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94100 DUTIES. The district has the powers and duties provided by the
95101 general law of this state, including Chapters 49 and 54, Water Code,
96102 applicable to municipal utility districts created under Section 59,
97103 Article XVI, Texas Constitution.
98104 Sec. 8379.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99105 52, Article III, Texas Constitution, the district may design,
100106 acquire, construct, finance, issue bonds for, improve, operate,
101107 maintain, and convey to this state, a county, or a municipality for
102108 operation and maintenance macadamized, graveled, or paved roads, or
103109 improvements, including storm drainage, in aid of those roads.
104110 Sec. 8379.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105111 road project must meet all applicable construction standards,
106112 zoning and subdivision requirements, and regulations of each
107113 municipality in whose corporate limits or extraterritorial
108114 jurisdiction the road project is located.
109115 (b) If a road project is not located in the corporate limits
110116 or extraterritorial jurisdiction of a municipality, the road
111117 project must meet all applicable construction standards,
112118 subdivision requirements, and regulations of each county in which
113119 the road project is located.
114120 (c) If the state will maintain and operate the road, the
115121 Texas Transportation Commission must approve the plans and
116122 specifications of the road project.
117123 Sec. 8379.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118124 ORDINANCE OR RESOLUTION. The district shall comply with all
119125 applicable requirements of any ordinance or resolution that is
120126 adopted under Section 54.016 or 54.0165, Water Code, and that
121127 consents to the creation of the district or to the inclusion of land
122128 in the district.
123129 Sec. 8379.0306. DIVISION OF DISTRICT. (a) The district may
124130 be divided into two or more new districts only if the district:
125131 (1) has never issued any bonds; and
126132 (2) is not imposing ad valorem taxes.
127133 (b) This chapter applies to any new district created by the
128134 division of the district, and a new district has all the powers and
129135 duties of the district.
130136 (c) A new district created by the division of the district
131137 may not, at the time the new district is created, contain any land
132138 outside the area described by Section 2 of the Act enacting this
133139 chapter.
134140 (d) The board, on its own motion or on receipt of a petition
135141 signed by the owner or owners of a majority of the assessed value of
136142 the real property in the district, may adopt an order dividing the
137143 district.
138144 (e) The board may adopt an order dividing the district
139145 before or after the date the board holds an election under Section
140146 8379.0103 to confirm the district's creation.
141147 (f) An order dividing the district shall:
142148 (1) name each new district;
143149 (2) include the metes and bounds description of the
144150 territory of each new district;
145151 (3) appoint temporary directors for each new district;
146152 and
147153 (4) provide for the division of assets and liabilities
148154 between or among the new districts.
149155 (g) On or before the 30th day after the date of adoption of
150156 an order dividing the district, the district shall file the order
151157 with the commission and record the order in the real property
152158 records of each county in which the district is located.
153159 (h) A new district created by the division of the district
154160 shall hold a confirmation and directors' election as required by
155161 Section 8379.0103.
156162 (i) If the creation of the new district is confirmed, the
157163 new district shall provide the election date and results to the
158164 commission.
159165 (j) Any new district created by the division of the district
160166 must hold an election as required by this chapter to obtain voter
161167 approval before the district may impose a maintenance tax or issue
162168 bonds payable wholly or partly from ad valorem taxes.
163169 (k) Municipal consent to the creation of the district and to
164170 the inclusion of land in the district granted under Section
165171 8379.0104 acts as municipal consent to the creation of any new
166172 district created by the division of the district and to the
167173 inclusion of land in the new district.
168174 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
169175 Sec. 8379.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
170176 The district may issue, without an election, bonds and other
171177 obligations secured by:
172178 (1) revenue other than ad valorem taxes; or
173179 (2) contract payments described by Section 8379.0403.
174180 (b) The district must hold an election in the manner
175181 provided by Chapters 49 and 54, Water Code, to obtain voter approval
176182 before the district may impose an ad valorem tax or issue bonds
177183 payable from ad valorem taxes.
178184 (c) The district may not issue bonds payable from ad valorem
179185 taxes to finance a road project unless the issuance is approved by a
180186 vote of a two-thirds majority of the district voters voting at an
181187 election held for that purpose.
182188 Sec. 8379.0402. OPERATION AND MAINTENANCE TAX. (a) If
183189 authorized at an election held under Section 8379.0401, the
184190 district may impose an operation and maintenance tax on taxable
185191 property in the district in accordance with Section 49.107, Water
186192 Code.
187193 (b) The board shall determine the tax rate. The rate may not
188194 exceed the rate approved at the election.
189195 Sec. 8379.0403. CONTRACT TAXES. (a) In accordance with
190196 Section 49.108, Water Code, the district may impose a tax other than
191197 an operation and maintenance tax and use the revenue derived from
192198 the tax to make payments under a contract after the provisions of
193199 the contract have been approved by a majority of the district voters
194200 voting at an election held for that purpose.
195201 (b) A contract approved by the district voters may contain a
196202 provision stating that the contract may be modified or amended by
197203 the board without further voter approval.
198204 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
199205 Sec. 8379.0501. AUTHORITY TO ISSUE BONDS AND OTHER
200206 OBLIGATIONS. The district may issue bonds or other obligations
201207 payable wholly or partly from ad valorem taxes, impact fees,
202208 revenue, contract payments, grants, or other district money, or any
203209 combination of those sources, to pay for any authorized district
204210 purpose.
205211 Sec. 8379.0502. TAXES FOR BONDS. At the time the district
206212 issues bonds payable wholly or partly from ad valorem taxes, the
207213 board shall provide for the annual imposition of a continuing
208214 direct ad valorem tax, without limit as to rate or amount, while all
209215 or part of the bonds are outstanding as required and in the manner
210216 provided by Sections 54.601 and 54.602, Water Code.
211217 Sec. 8379.0503. BONDS FOR ROAD PROJECTS. At the time of
212218 issuance, the total principal amount of bonds or other obligations
213219 issued or incurred to finance road projects and payable from ad
214220 valorem taxes may not exceed one-fourth of the assessed value of the
215221 real property in the district.
216222 SECTION 2. The Brazoria County Municipal Utility District
217223 No. 77 initially includes all the territory contained in the
218224 following area:
219225 BEING A 705.269 ACRE TRACT OF LAND OUT OF THE CHESTER GORBET
220226 SURVEY, ABSTRACT NO. 64, THE H.T. & B. RR., SECTION 5, ABSTRACT NO.
221227 235 AND THE H.T. & B. RR., SECTION 43, ABSTRACT 256, BRAZORIA
222228 COUNTY, TEXAS; SAID 705.269 ACRE TRACT OF LAND BEING OUT OF AND A
223229 PART OF A TRACT OF LAND CONVEYED TO AA SHARP INVESTMENTS, LTD., AS
224230 DESCRIBED IN DEED RECORDED UNDER COUNTY CLERK'S FILE NO. 2007068904
225231 OF THE OFFICIAL PUBLIC RECORDS OF BRAZORIA COUNTY, TEXAS, SAID
226232 705.269 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
227233 METES AND BOUNDS IN FOUR TRACTS OF LAND AS FOLLOWS:
228234 TRACT 1:
229235 BEGINNING at the southern "cut back" corner of State Highway
230236 288 west right-of-way line and the north right-of-way line of
231237 County Road 60;
232238 THENCE, South 87°06'10" West, 150.29 feet along the north line
233239 of said County Road 60 to an interior corner of the herein described
234240 tract;
235241 THENCE, South 02°53'50" East, 60.00 feet to the centerline of
236242 said County Road 60 for a point of corner;
237243 THENCE, in a westerly direction along the south line of the
238244 herein tract as follow:
239245 THENCE, South 87°23'21" West, 3589.69 feet along the
240246 centerline of said County Road 60 to the centerline of County Road
241247 48 for a point for corner;
242248 THENCE, South 02°30'30" East, 1045.03 feet along the
243249 centerline of said County Road 48 to an angle point for corner;
244250 THENCE, South 87°23'00" West, 3786.31 feet to the Southwest
245251 corner of the herein described tract;
246252 THENCE, in a northerly direction along the west line of the
247253 herein tract as follow:
248254 THENCE, North 02°48'42" West, 1309.92 feet to an interior
249255 corner;
250256 THENCE, South 87°04'08" West, 484.20 feet to an angle point
251257 for corner;
252258 THENCE, North 03°21'02" West, 1884.72 feet to the Northwest
253259 corner of the herein described tract;
254260 THENCE, in an easterly direction along the north line of the
255261 herein tract as follow:
256262 THENCE, North 87°22'55" East, 2011.99 feet to an angle point
257263 for corner;
258264 THENCE, South 02°37'05" East, 1078.95 feet to an interior
259265 corner;
260266 THENCE, North 87°22'55" East, 2051.99 feet to the centerline
261267 of said County Road 48 for a point for corner;
262268 THENCE, North 15°20'43" West, 1106.13 feet along the
263269 centerline of said County Road 48 to an angle point for corner;
264270 THENCE, North 87°22'55" East, 5022.48 feet to the Northeast
265271 corner of the herein described tract and being in the west
266272 right-of-way line of said State Highway 288 to a point for corner;
267273 THENCE, in a southeasterly direction along the west line of
268274 said State Highway 288 as follows:
269275 THENCE, South 02°37'30" East, 313.81 feet to a point for
270276 corner;
271277 THENCE, South 01°22'30" West, 548.62 feet to the beginning of
272278 a curve to the right;
273279 THENCE, along the arc of said curve to the right, having a
274280 chord of South 24°37'30" West, 822.44 feet, a radius of 1041.74
275281 feet, and a central angle of 46°30'00", a distance of 845.45 feet to
276282 a point for corner;
277283 THENCE, South 47°52'30" West, 220.75 feet to the beginning of
278284 a curve to the left;
279285 THENCE, along the arc of said curve to the left, having a
280286 chord of South 25°48'15" West, 345.34 feet, a radius of 485.37 feet,
281287 and a central angle of 41°40'43", a distance of 353.07 feet to a "cut
282288 back" corner;
283289 THENCE, South 43°48'16" West, 72.77 feet to the PLACE OF
284290 BEGINNING; containing 463.725 acres of land, more or less.
285291 TRACT 2:
286292 BEGINNING at the southeast corner of the herein described
287293 tract and being on the south line of said Chester Gorbet Survey and
288294 the west right-of-way line of State Highway 288;
289295 THENCE, South 87°22'55" West, 331.99 feet along the south line
290296 of said Gorbet Survey to the Southwest corner of the herein
291297 described tract;
292298 THENCE, North 02°37'05" West, 1465.62 feet along the west line
293299 of this tract to the Northwest corner of the herein described tract
294300 and being the beginning of a non-tangent curve to the right, said
295301 point being in the west line of said State Highway 288;
296302 THENCE, in a southeasterly direction along the west line of
297303 said State Highway 288 as follow:
298304 THENCE, along the arc of said curve to the right, having a
299305 chord of South 33°01'25" East, 272.09 feet, a radius of 1273.24
300306 feet, and a central angle of 12°16'03", a distance of 272.61 feet to
301307 a point for corner;
302308 THENCE, North 63°06'36" East, 120.51 feet to the beginning of
303309 a non-tangent curve to the right;
304310 THENCE, along the arc of said curve to the right, having a
305311 chord of South 13°57'24" East, 428.87 feet, a radius of 1091.35
306312 feet, and a central angle of 22°39'47", a distance of 431.68 feet to
307313 a point for corner;
308314 THENCE, South 02°37'30" East, 859.99 feet to the PLACE OF
309315 BEGINNING; containing 9.672 acres of land, more or less.
310316 TRACT 3:
311317 BEGINNING at the northern "cut back" corner of State Highway
312318 288 east right-of-way line and the south right-of-way line of
313319 County Road 60;
314320 THENCE, North 87°06'10" East, 217.49 feet along the south
315321 right-of-way line of said County Road 60 to the Northeast corner of
316322 the herein described tract;
317323 THENCE, South 02°37'05" East, 2087.18 feet along the east line
318324 to the Southeast corner of the herein described tract;
319325 THENCE, South 87°22'55" West, 1019.22 feet along the south
320326 line to the Southwest corner of the herein described tract; said
321327 point being in the east right-of-way line of said State Highway 288;
322328 THENCE, in a northerly direction along the east line of said
323329 State Highway 288 as follow:
324330 THENCE, North 02°37'35" West, 313.22 feet to an angle point
325331 for corner;
326332 THENCE, North 01°22'30" East, 548.47 feet to the beginning of
327333 a curve to the right;
328334 THENCE, along the arc of said curve to the right, having a
329335 chord of North 24°37'30" East, 822.72, a radius of 1041.74 feet, and
330336 a central angle of 46°31'00", a distance of 845.76 feet to a point
331337 for corner;
332338 THENCE, North 47°52'30" East, 220.52 feet to the beginning of
333339 a curve to the left;
334340 THENCE, along the arc of said curve to the left, having a
335341 chord of North 25°45'18" East, 345.34, a radius of 458.37 feet, and a
336342 central angle of 44°15'34", a distance of 354.08 feet to a point for
337343 corner;
338344 THENCE, North 43°48'11" East, 72.77 feet to the PLACE OF
339345 BEGINNING; containing 38.512 acres of land, more or less.
340346 TRACT 4:
341347 BEGINNING at the southern "cut back" corner of State Highway
342348 288 east right-of-way line and the north right-of-way line of
343349 County Road 60;
344350 THENCE, in a northeasterly direction along the east line of
345351 said State Highway 288 as follow:
346352 THENCE, North 49°19'36" West, 78.78 feet to the beginning of a
347353 non-tangent curve to the left;
348354 THENCE, along the arc of said curve to the left, having a
349355 chord of North 31°22'42" West, 339.80, a radius of 458.37 feet, and a
350356 central angle of 43°30'46", a distance of 348.11 feet to a point for
351357 corner;
352358 THENCE, North 53°07'30" West, 54.27 feet to the beginning of a
353359 curve to the right;
354360 THENCE, along the arc of said curve to the right, having a
355361 chord of North 32°52'30" West, 881.38, a radius of 1273.24 feet, and
356362 a central angle of 40°30'00", a distance of 900.00 feet to a point
357363 for corner;
358364 THENCE, North 12°37'30" West, 571.47 feet to a point for
359365 corner;
360366 THENCE, North 02°37'30" West, 364.45 feet to the Northwest
361367 corner of the herein described tract;
362368 THENCE, in an easterly direction along the north line of the
363369 herein tract as follow:
364370 THENCE, North 87°22'55" West, 1025.00 feet to an interior
365371 corner;
366372 THENCE, North 02°37'05" West, 438.06 feet to an angle point
367373 for corner;
368374 THENCE, North 87°22'55" East, 534.76 feet to an angle point
369375 for corner;
370376 THENCE, South 02°37'05" East, 23.06 feet to an interior
371377 corner;
372378 THENCE, North 87°22'55" East, 1853.42 feet to an exterior
373379 corner;
374380 THENCE, South 02°37'05" East, 893.97 feet to an interior
375381 corner;
376382 THENCE, North 87°07'26" East, 2710.71 feet to an exterior
377383 corner;
378384 THENCE, South 02°52'34" East, 1692.20 feet to the Southeast
379385 corner of the herein described tract and being in the centerline of
380386 said County Road 60 for a point for corner;
381387 THENCE, in a westerly direction along the south line of the
382388 herein tract as follow:
383389 THENCE, South 87°10'14" West, 923.16 feet along the
384390 centerline of said County Road 60 to an angle point for corner;
385391 THENCE, North 02°52'34" West, 947.37 feet along the
386392 centerline of County Road 65 to an angle point for corner;
387393 THENCE, South 87°22'55" West, 4180.39 feet to an interior
388394 corner;
389395 THENCE, South 02°37'05" East, 858.91 feet to the north line of
390396 said County Road 60;
391397 THENCE, South 87°06'10" West, 217.50 feet to the POINT OF
392398 BEGINNING and containing 193.360 acres of land; more or less, for a
393399 TOTAL ACREAGE of 705.269 ACRES.
394400 SECTION 3. (a) The legal notice of the intention to
395401 introduce this Act, setting forth the general substance of this
396402 Act, has been published as provided by law, and the notice and a
397403 copy of this Act have been furnished to all persons, agencies,
398404 officials, or entities to which they are required to be furnished
399405 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
400406 Government Code.
401407 (b) The governor, one of the required recipients, has
402408 submitted the notice and Act to the Texas Commission on
403409 Environmental Quality.
404410 (c) The Texas Commission on Environmental Quality has filed
405411 its recommendations relating to this Act with the governor, the
406412 lieutenant governor, and the speaker of the house of
407413 representatives within the required time.
408414 (d) All requirements of the constitution and laws of this
409415 state and the rules and procedures of the legislature with respect
410416 to the notice, introduction, and passage of this Act are fulfilled
411417 and accomplished.
412418 SECTION 4. (a) If this Act does not receive a two-thirds
413419 vote of all the members elected to each house, Subchapter C, Chapter
414420 8379, Special District Local Laws Code, as added by Section 1 of
415421 this Act, is amended by adding Section 8379.0307 to read as follows:
416422 Sec. 8379.0307. NO EMINENT DOMAIN POWER. The district may
417423 not exercise the power of eminent domain.
418424 (b) This section is not intended to be an expression of a
419425 legislative interpretation of the requirements of Section 17(c),
420426 Article I, Texas Constitution.
421427 SECTION 5. This Act takes effect immediately if it receives
422428 a vote of two-thirds of all the members elected to each house, as
423429 provided by Section 39, Article III, Texas Constitution. If this
424430 Act does not receive the vote necessary for immediate effect, this
425431 Act takes effect September 1, 2019.
426- ______________________________ ______________________________
427- President of the Senate Speaker of the House
428- I certify that H.B. No. 4718 was passed by the House on May 3,
429- 2019, by the following vote: Yeas 123, Nays 17, 2 present, not
430- voting.
431- ______________________________
432- Chief Clerk of the House
433- I certify that H.B. No. 4718 was passed by the Senate on May
434- 21, 2019, by the following vote: Yeas 30, Nays 1.
435- ______________________________
436- Secretary of the Senate
437- APPROVED: _____________________
438- Date
439- _____________________
440- Governor
432+ * * * * *