Texas 2019 - 86th Regular

Texas House Bill HB4720 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4720
	1	+	By: Stucky (Senate Sponsor - Fallon) H.B. No. 4720
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 7, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 20, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 20, 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 Burns Branch Municipal Utility
6	12		District No. 1 of Denton County; granting a limited power of eminent
7	13		domain; providing authority to issue bonds; providing authority to
8	14		impose assessments, fees, and taxes.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	17		Code, is amended by adding Chapter 8095 to read as follows:
12	18		CHAPTER 8095. BURNS BRANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF
13	19		DENTON COUNTY
14	20		SUBCHAPTER A. GENERAL PROVISIONS
15	21		Sec. 8095.0101. DEFINITIONS. In this chapter:
16	22		(1) "Board" means the district's board of directors.
17	23		(2) "Commission" means the Texas Commission on
18	24		Environmental Quality.
19	25		(3) "Director" means a board member.
20	26		(4) "District" means the Burns Branch Municipal
21	27		Utility District No. 1 of Denton County.
22	28		Sec. 8095.0102. NATURE OF DISTRICT. The district is a
23	29		municipal utility district created under Section 59, Article XVI,
24	30		Texas Constitution.
25	31		Sec. 8095.0103. CONFIRMATION AND DIRECTOR ELECTION
26	32		REQUIRED. The temporary directors shall hold an election to
27	33		confirm the creation of the district and to elect five permanent
28	34		directors as provided by Section 49.102, Water Code.
29	35		Sec. 8095.0104. CONSENT OF MUNICIPALITY REQUIRED. The
30	36		temporary directors may not hold an election under Section
31	37		8095.0103 until each municipality in whose corporate limits or
32	38		extraterritorial jurisdiction the district is located has
33	39		consented by ordinance or resolution to the creation of the
34	40		district and to the inclusion of land in the district.
35	41		Sec. 8095.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	42		(a) The district is created to serve a public purpose and benefit.
37	43		(b) The district is created to accomplish the purposes of:
38	44		(1) a municipal utility district as provided by
39	45		general law and Section 59, Article XVI, Texas Constitution; and
40	46		(2) Section 52, Article III, Texas Constitution, that
41	47		relate to the construction, acquisition, improvement, operation,
42	48		or maintenance of macadamized, graveled, or paved roads, or
43	49		improvements, including storm drainage, in aid of those roads.
44	50		Sec. 8095.0106. INITIAL DISTRICT TERRITORY. (a) The
45	51		district is initially composed of the territory described by
46	52		Section 2 of the Act enacting this chapter.
47	53		(b) The boundaries and field notes contained in Section 2 of
48	54		the Act enacting this chapter form a closure. A mistake made in the
49	55		field notes or in copying the field notes in the legislative process
50	56		does not affect the district's:
51	57		(1) organization, existence, or validity;
52	58		(2) right to issue any type of bond for the purposes
53	59		for which the district is created or to pay the principal of and
54	60		interest on a bond;
55	61		(3) right to impose a tax; or
56	62		(4) legality or operation.
57	63		SUBCHAPTER B. BOARD OF DIRECTORS
58	64		Sec. 8095.0201. GOVERNING BODY; TERMS. (a) The district is
59	65		governed by a board of five elected directors.
60	66		(b) Except as provided by Section 8095.0202, directors
61	67		serve staggered four-year terms.
62	68		Sec. 8095.0202. TEMPORARY DIRECTORS. (a) On or after
63	69		September 1, 2019, the owner or owners of a majority of the assessed
64	70		value of the real property in the district may submit a petition to
65	71		the commission requesting that the commission appoint as temporary
66	72		directors the five persons named in the petition. The commission
67	73		shall appoint as temporary directors the five persons named in the
68	74		petition.
69	75		(b) Temporary directors serve until the earlier of:
70	76		(1) the date permanent directors are elected under
71	77		Section 8095.0103; or
72	78		(2) September 1, 2023.
73	79		(c) If permanent directors have not been elected under
74	80		Section 8095.0103 and the terms of the temporary directors have
75	81		expired, successor temporary directors shall be appointed or
76	82		reappointed as provided by Subsection (d) to serve terms that
77	83		expire on the earlier of:
78	84		(1) the date permanent directors are elected under
79	85		Section 8095.0103; or
80	86		(2) the fourth anniversary of the date of the
81	87		appointment or reappointment.
82	88		(d) If Subsection (c) applies, the owner or owners of a
83	89		majority of the assessed value of the real property in the district
84	90		may submit a petition to the commission requesting that the
85	91		commission appoint as successor temporary directors the five
86	92		persons named in the petition. The commission shall appoint as
87	93		successor temporary directors the five persons named in the
88	94		petition.
89	95		SUBCHAPTER C. POWERS AND DUTIES
90	96		Sec. 8095.0301. GENERAL POWERS AND DUTIES. The district
91	97		has the powers and duties necessary to accomplish the purposes for
92	98		which the district is created.
93	99		Sec. 8095.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	100		DUTIES. The district has the powers and duties provided by the
95	101		general law of this state, including Chapters 49 and 54, Water Code,
96	102		applicable to municipal utility districts created under Section 59,
97	103		Article XVI, Texas Constitution.
98	104		Sec. 8095.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99	105		52, Article III, Texas Constitution, the district may design,
100	106		acquire, construct, finance, issue bonds for, improve, operate,
101	107		maintain, and convey to this state, a county, or a municipality for
102	108		operation and maintenance macadamized, graveled, or paved roads, or
103	109		improvements, including storm drainage, in aid of those roads.
104	110		Sec. 8095.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	111		road project must meet all applicable construction standards,
106	112		zoning and subdivision requirements, and regulations of each
107	113		municipality in whose corporate limits or extraterritorial
108	114		jurisdiction the road project is located.
109	115		(b) If a road project is not located in the corporate limits
110	116		or extraterritorial jurisdiction of a municipality, the road
111	117		project must meet all applicable construction standards,
112	118		subdivision requirements, and regulations of each county in which
113	119		the road project is located.
114	120		(c) If the state will maintain and operate the road, the
115	121		Texas Transportation Commission must approve the plans and
116	122		specifications of the road project.
117	123		Sec. 8095.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118	124		ORDINANCE OR RESOLUTION. The district shall comply with all
119	125		applicable requirements of any ordinance or resolution that is
120	126		adopted under Section 54.016 or 54.0165, Water Code, and that
121	127		consents to the creation of the district or to the inclusion of land
122	128		in the district.
123	129		Sec. 8095.0306. DIVISION OF DISTRICT. (a) The district may
124	130		be divided into two or more new districts only if the district:
125	131		(1) has no outstanding bonded debt; and
126	132		(2) is not imposing ad valorem taxes.
127	133		(b) This chapter applies to any new district created by the
128	134		division of the district, and a new district has all the powers and
129	135		duties of the district.
130	136		(c) Any new district created by the division of the district
131	137		may not, at the time the new district is created, contain any land
132	138		outside the area described by Section 2 of the Act enacting this
133	139		chapter.
134	140		(d) A new district created by the division of the district
135	141		may contain land in Denton County only if the commissioners court of
136	142		Denton County consents to the creation of the new district and the
137	143		inclusion of the land.
138	144		(e) Subject to Subsection (d), the board, on its own motion
139	145		or on receipt of a petition signed by the owner or owners of a
140	146		majority of the assessed value of the real property in the district,
141	147		may adopt an order dividing the district.
142	148		(f) The board may adopt an order dividing the district
143	149		before or after the date the board holds an election under Section
144	150		8095.0103 to confirm the district's creation.
145	151		(g) An order dividing the district shall:
146	152		(1) name each new district;
147	153		(2) include the metes and bounds description of the
148	154		territory of each new district;
149	155		(3) appoint temporary directors for each new district;
150	156		and
151	157		(4) provide for the division of assets and liabilities
152	158		between the new districts.
153	159		(h) On or before the 30th day after the date of adoption of
154	160		an order dividing the district, the district shall file the order
155	161		with the commission and record the order in the real property
156	162		records of each county in which the district is located.
157	163		(i) Any new district created by the division of the district
158	164		shall hold a confirmation and directors' election as required by
159	165		Section 8095.0103. If the voters of a new district do not confirm
160	166		the creation of the new district, the assets, obligations,
161	167		territory, and governance of the new district revert to the
162	168		original district.
163	169		(j) Municipal consent to the creation of the district and to
164	170		the inclusion of land in the district granted under Section
165	171		8095.0104 acts as municipal consent to the creation of any new
166	172		district created by the division of the district and to the
167	173		inclusion of land in the new district.
168	174		(k) Any new district created by the division of the district
169	175		must hold an election as required by this chapter to obtain voter
170	176		approval before the district may impose a maintenance tax or issue
171	177		bonds payable wholly or partly from ad valorem taxes.
172	178		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
173	179		Sec. 8095.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
174	180		The district may issue, without an election, bonds and other
175	181		obligations secured by:
176	182		(1) revenue other than ad valorem taxes; or
177	183		(2) contract payments described by Section 8095.0403.
178	184		(b) The district must hold an election in the manner
179	185		provided by Chapters 49 and 54, Water Code, to obtain voter approval
180	186		before the district may impose an ad valorem tax or issue bonds
181	187		payable from ad valorem taxes.
182	188		(c) The district may not issue bonds payable from ad valorem
183	189		taxes to finance a road project unless the issuance is approved by a
184	190		vote of a two-thirds majority of the district voters voting at an
185	191		election held for that purpose.
186	192		Sec. 8095.0402. OPERATION AND MAINTENANCE TAX. (a) If
187	193		authorized at an election held under Section 8095.0401, the
188	194		district may impose an operation and maintenance tax on taxable
189	195		property in the district in accordance with Section 49.107, Water
190	196		Code.
191	197		(b) The board shall determine the tax rate. The rate may not
192	198		exceed the rate approved at the election.
193	199		Sec. 8095.0403. CONTRACT TAXES. (a) In accordance with
194	200		Section 49.108, Water Code, the district may impose a tax other than
195	201		an operation and maintenance tax and use the revenue derived from
196	202		the tax to make payments under a contract after the provisions of
197	203		the contract have been approved by a majority of the district voters
198	204		voting at an election held for that purpose.
199	205		(b) A contract approved by the district voters may contain a
200	206		provision stating that the contract may be modified or amended by
201	207		the board without further voter approval.
202	208		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
203	209		Sec. 8095.0501. AUTHORITY TO ISSUE BONDS AND OTHER
204	210		OBLIGATIONS. The district may issue bonds or other obligations
205	211		payable wholly or partly from ad valorem taxes, impact fees,
206	212		revenue, contract payments, grants, or other district money, or any
207	213		combination of those sources, to pay for any authorized district
208	214		purpose.
209	215		Sec. 8095.0502. TAXES FOR BONDS. At the time the district
210	216		issues bonds payable wholly or partly from ad valorem taxes, the
211	217		board shall provide for the annual imposition of a continuing
212	218		direct ad valorem tax, without limit as to rate or amount, while all
213	219		or part of the bonds are outstanding as required and in the manner
214	220		provided by Sections 54.601 and 54.602, Water Code.
215	221		Sec. 8095.0503. BONDS FOR ROAD PROJECTS. At the time of
216	222		issuance, the total principal amount of bonds or other obligations
217	223		issued or incurred to finance road projects and payable from ad
218	224		valorem taxes may not exceed one-fourth of the assessed value of the
219	225		real property in the district.
220	226		SECTION 2. The Burns Branch Municipal Utility District
221	227		No. 1 of Denton County initially includes all the territory
222	228		contained in the following area:
223	229		FIELD NOTES WISE COUNTY
224	230		SITUATED in the State of Texas and County of Wise, being part of the
225	231		E. I McDaniel Survey, Abstract No. 808, Joseph Luce Survey,
226	232		Abstract No. 497, William Chadwell Survey, Abstract No. 1321, S. D.
227	233		Chadwell Survey, Abstract No. 1320, G. I Walton Survey, Abstract
228	234		No. 1361 and the A. P Lancaster Survey, Abstract No. 1257 and being
229	235		part of tract as recorded in CC# 2009-102747 of the Deed Records of
230	236		Denton County, said premises being more particularly described as
231	237		follows;
232	238		BEGINNING at a point for corner marking the southeast corner of said
233	239		premises, said point being on the Denton Wise County line per deed
234	240		recorded in Volume 264, Page 508;
235	241		THENCE with the south line of said premises as follows,
236	242		South 59°48'00" West, 592.47 feet;
237	243		South 45°55'34" West, 2,584.96 feet;
238	244		South 84°26'09" West, 729.95 feet;
239	245		South 89°51'00" West, 773.95 feet;
240	246		South 82°53'00" West, 525.14 feet;
241	247		South 73°44'00" West, 233.52 feet;
242	248		South 40°52'00" West, 79.51 feet;
243	249		North 50°55'00" West, 233.24 feet to a point for corner
244	250		marking the southwest corner of said premises and being in the
245	251		center of Denton Creek;
246	252		THENCE with said creek as follows,
247	253		North 22°43'00" East, 173.47 feet;
248	254		North 35°51'00" East, 543.21 feet;
249	255		North 04°13'00" West, 19043 feet;
250	256		North 50°12'00" East, 117.32 feet;
251	257		North 83°41'00" East, 281.89 feet;
252	258		North 17°42'00" East, 98.69 feet;
253	259		North 11°48'00" West, 460.09 feet;
254	260		North 42°23'00" East, 155.68 feet;
255	261		South 89°47'00" East, 135.11 feet;
256	262		South 19°48'00" East, 132.88 feet;
257	263		North 88°39'00" East, 128.16 feet;
258	264		North 21°15'00" East, 214.06 feet;
259	265		North 88°46'00" East, 92.85 feet;
260	266		South 57°38'00" East, 203.77 feet;
261	267		North 19°45'00" East, 192.38 feet;
262	268		North 62°17'00" East, 333.60 feet;
263	269		North 50°53'00" East, 710.57 feet;
264	270		North 60°48'00" East, 789.80 feet;
265	271		North 10°41'00" West, 53.93 feet;
266	272		THENCE departing said creek and with the west line of said premises,
267	273		South 43°54'00" East, 1,720.82 feet to a point for corner marking an
268	274		internal corner of said premises;
269	275		THENCE with the north line of said premises, South 46°27'00" East,
270	276		505.40 feet to a point for corner marking an internal corner of said
271	277		premises;
272	278		THENCE with the east line of said premises, North 45°00'00" East,
273	279		135.94 feet to a point for corner in said Denton Creek;
274	280		THENCE with the south line of said premises and said creek as
275	281		follows:
276	282		North 24°24'00" West, 331.93 feet;
277	283		North 47°17'00" West, 655.25 feet;
278	284		South 69°27'00" West, 188.21 feet;
279	285		North 52°23'00" West, 121.21 feet;
280	286		North 16°37'00" East, 237.97 feet;
281	287		North 58°06'00" West, 113.70 feet;
282	288		North 90°00'00" West, 199.05 feet;
283	289		South 26°23'00" West, 583.80 feet;
284	290		North 71°42'00" West, 137.05 feet;
285	291		North 38°17'00" West, 435.90 feet;
286	292		South 17°03'00" West, 143.45 feet;
287	293		North 72°49'00" West, 230.18 feet;
288	294		North 66°25'00" West, 120.10 feet;
289	295		North 02°24'00" West, 430.07 feet;
290	296		North 49°09'00" West, 195.71 feet;
291	297		South 58°07'00" West, 53.10 feet;
292	298		North 86°47'00" West, 89.24 feet;
293	299		South 21°48'00" West, 132.99 feet;
294	300		South 37°08'00" West, 165.69 feet;
295	301		South 20°40'00" West, 113.42 feet;
296	302		South 85°00'00" West, 229.63 feet;
297	303		South 14°54'00" East, 198.77 feet;
298	304		South 70°59'00" West, 175.97 feet;
299	305		North 64°46'06" West, 456.73 feet;
300	306		North 70°03'37" West, 911.94 feet;
301	307		THENCE departing said creek and with the west line of said premises,
302	308		North 45°00'00" East, 2,775.00 feet to a point for corner marking an
303	309		internal corner of said premises;
304	310		THENCE with the west line of said premises, North 44°36'00" West,
305	311		2,515.28 feet to a point for corner marking the northwest corner of
306	312		said premises;
307	313		THENCE with the west line of said premises, North 45°04'00" East,
308	314		6,222.22 feet to a point for corner marking the northeast corner of
309	315		said premises and being on said county line per deed;
310	316		THENCE with the east line of said premises and said county line,
311	317		South 00°56'02" West, 11,402.11 feet to the point of beginning and
312	318		containing 755.414 acres of land.
313	319		FIELD NOTES DENTON COUNTY
314	320		SITUATED in the State of Texas and County of Denton, being part of
315	321		the W. G. McDaniel Survey, Abstract No. 809 and the R. R. Jowell
316	322		Survey, Abstract No. 660 being part of tract as recorded in CC#
317	323		2009-102747 of the Deed Records of Denton County, said premises
318	324		being more particularly described as follows;
319	325		BEGINNING at a point for corner marking the southeast corner of said
320	326		premises and said tract;
321	327		THENCE with the south line of said premises, South 85°55'00" West,
322	328		6,846.94 feet to a point for corner marking the southwest corner of
323	329		said premises and being on the Denton Wise county line per deed
324	330		recorded in Volume 264, Page 508;
325	331		THENCE with said county line and the west line of said premises,
326	332		North 00°57'03" East, 11,402.11 feet to a point for corner marking
327	333		the northwest corner of said premises;
328	334		THENCE with the north line of said premises, South 89°48'00" East,
329	335		4,626.11 feet to a point for corner marking the most northerly
330	336		northeast corner of said premises;
331	337		THENCE with the east line of said premises, South 00°15'00" West,
332	338		5,963.06 feet to a point for corner marking an internal corner of
333	339		said premises;
334	340		THENCE with the north line of said premises, South 89°50'00" East,
335	341		3,515.83 feet to a point for corner marking the most easterly
336	342		northeast corner of said premises;
337	343		THENCE with the east line of said premises, South 00°00'00" East,
338	344		2,405.00 feet to a point for corner marking the most easterly
339	345		southeast corner of said premises;
340	346		THENCE with the south line of said premises, North 90°00'00" West,
341	347		1,475.56 feet to a point for corner marking an internal corner of
342	348		said premises;
343	349		THENCE with the east line of said premises, South 00°00'00" East,
344	350		2,518.61 feet to the point of beginning and containing 1,526.734
345	351		acres of land.
346	352		SECTION 3. (a) The legal notice of the intention to
347	353		introduce this Act, setting forth the general substance of this
348	354		Act, has been published as provided by law, and the notice and a
349	355		copy of this Act have been furnished to all persons, agencies,
350	356		officials, or entities to which they are required to be furnished
351	357		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
352	358		Government Code.
353	359		(b) The governor, one of the required recipients, has
354	360		submitted the notice and Act to the Texas Commission on
355	361		Environmental Quality.
356	362		(c) The Texas Commission on Environmental Quality has filed
357	363		its recommendations relating to this Act with the governor, the
358	364		lieutenant governor, and the speaker of the house of
359	365		representatives within the required time.
360	366		(d) All requirements of the constitution and laws of this
361	367		state and the rules and procedures of the legislature with respect
362	368		to the notice, introduction, and passage of this Act are fulfilled
363	369		and accomplished.
364	370		SECTION 4. (a) If this Act does not receive a two-thirds
365	371		vote of all the members elected to each house, Subchapter C, Chapter
366	372		8095, Special District Local Laws Code, as added by Section 1 of
367	373		this Act, is amended by adding Section 8095.0307 to read as follows:
368	374		Sec. 8095.0307. NO EMINENT DOMAIN POWER. The district may
369	375		not exercise the power of eminent domain.
370	376		(b) This section is not intended to be an expression of a
371	377		legislative interpretation of the requirements of Section 17(c),
372	378		Article I, Texas Constitution.
373	379		SECTION 5. This Act takes effect September 1, 2019.
374		-	______________________________ ______________________________
375		-	President of the Senate Speaker of the House
376		-	I certify that H.B. No. 4720 was passed by the House on May 3,
377		-	2019, by the following vote: Yeas 124, Nays 16, 2 present, not
378		-	voting.
379		-	______________________________
380		-	Chief Clerk of the House
381		-	I certify that H.B. No. 4720 was passed by the Senate on May
382		-	22, 2019, by the following vote: Yeas 30, Nays 1.
383		-	______________________________
384		-	Secretary of the Senate
385		-	APPROVED: _____________________
386		-	Date
387		-	_____________________
388		-	Governor
	380	+	* * * * *