Texas 2019 - 86th Regular

Texas House Bill HB4724 Compare Versions

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1-H.B. No. 4724
1+By: Burns (Senate Sponsor - Birdwell) H.B. No. 4724
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 15, 2019, reported favorably by
5+ the following vote: Yeas 7, Nays 0; May 15, 2019, sent to
6+ printer.)
7+Click here to see the committee vote
28
39
10+ A BILL TO BE ENTITLED
411 AN ACT
512 relating to the creation of the Dove Valley Ranch Municipal Utility
613 District of Johnson County; providing authority to issue bonds;
714 providing authority to impose assessments, fees, and taxes.
815 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
916 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1017 Code, is amended by adding Chapter 7895 to read as follows:
1118 CHAPTER 7895. DOVE VALLEY RANCH MUNICIPAL UTILITY DISTRICT OF
1219 JOHNSON COUNTY
1320 SUBCHAPTER A. GENERAL PROVISIONS
1421 Sec. 7895.0101. DEFINITIONS. In this chapter:
1522 (1) "Board" means the district's board of directors.
1623 (2) "Commission" means the Texas Commission on
1724 Environmental Quality.
1825 (3) "Director" means a board member.
1926 (4) "District" means the Dove Valley Ranch Municipal
2027 Utility District of Johnson County.
2128 Sec. 7895.0102. NATURE OF DISTRICT. The district is a
2229 municipal utility district created under Section 59, Article XVI,
2330 Texas Constitution.
2431 Sec. 7895.0103. CONFIRMATION AND DIRECTORS' ELECTION
2532 REQUIRED. The temporary directors shall hold an election to
2633 confirm the creation of the district and to elect five permanent
2734 directors as provided by Section 49.102, Water Code.
2835 Sec. 7895.0104. CONSENT OF MUNICIPALITY REQUIRED. The
2936 temporary directors may not hold an election under Section
3037 7895.0103 until each municipality in whose corporate limits or
3138 extraterritorial jurisdiction the district is located has
3239 consented by ordinance or resolution to the creation of the
3340 district and to the inclusion of land in the district.
3441 Sec. 7895.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3542 (a) The district is created to serve a public purpose and benefit.
3643 (b) The district is created to accomplish the purposes of:
3744 (1) a municipal utility district as provided by
3845 general law and Section 59, Article XVI, Texas Constitution; and
3946 (2) Section 52, Article III, Texas Constitution, that
4047 relate to the construction, acquisition, improvement, operation,
4148 or maintenance of macadamized, graveled, or paved roads, or
4249 improvements, including storm drainage, in aid of those roads.
4350 Sec. 7895.0106. INITIAL DISTRICT TERRITORY. (a) The
4451 district is initially composed of the territory described by
4552 Section 2 of the Act enacting this chapter.
4653 (b) The boundaries and field notes contained in Section 2 of
4754 the Act enacting this chapter form a closure. A mistake made in the
4855 field notes or in copying the field notes in the legislative process
4956 does not affect the district's:
5057 (1) organization, existence, or validity;
5158 (2) right to issue any type of bond for the purposes
5259 for which the district is created or to pay the principal of and
5360 interest on a bond;
5461 (3) right to impose a tax; or
5562 (4) legality or operation.
5663 SUBCHAPTER B. BOARD OF DIRECTORS
5764 Sec. 7895.0201. GOVERNING BODY; TERMS. (a) The district is
5865 governed by a board of five elected directors.
5966 (b) Except as provided by Section 7895.0202, directors
6067 serve staggered four-year terms.
6168 Sec. 7895.0202. TEMPORARY DIRECTORS. (a) On or after
6269 September 1, 2019, the owner or owners of a majority of the assessed
6370 value of the real property in the district may submit a petition to
6471 the commission requesting that the commission appoint as temporary
6572 directors the five persons named in the petition. The commission
6673 shall appoint as temporary directors the five persons named in the
6774 petition.
6875 (b) Temporary directors serve until the earlier of:
6976 (1) the date permanent directors are elected under
7077 Section 7895.0103; or
7178 (2) September 1, 2023.
7279 (c) If permanent directors have not been elected under
7380 Section 7895.0103 and the terms of the temporary directors have
7481 expired, successor temporary directors shall be appointed or
7582 reappointed as provided by Subsection (d) to serve terms that
7683 expire on the earlier of:
7784 (1) the date permanent directors are elected under
7885 Section 7895.0103; or
7986 (2) the fourth anniversary of the date of the
8087 appointment or reappointment.
8188 (d) If Subsection (c) applies, the owner or owners of a
8289 majority of the assessed value of the real property in the district
8390 may submit a petition to the commission requesting that the
8491 commission appoint as successor temporary directors the five
8592 persons named in the petition. The commission shall appoint as
8693 successor temporary directors the five persons named in the
8794 petition.
8895 SUBCHAPTER C. POWERS AND DUTIES
8996 Sec. 7895.0301. GENERAL POWERS AND DUTIES. The district
9097 has the powers and duties necessary to accomplish the purposes for
9198 which the district is created.
9299 Sec. 7895.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
93100 DUTIES. The district has the powers and duties provided by the
94101 general law of this state, including Chapters 49 and 54, Water Code,
95102 applicable to municipal utility districts created under Section 59,
96103 Article XVI, Texas Constitution.
97104 Sec. 7895.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
98105 52, Article III, Texas Constitution, the district may design,
99106 acquire, construct, finance, issue bonds for, improve, operate,
100107 maintain, and convey to this state, a county, or a municipality for
101108 operation and maintenance macadamized, graveled, or paved roads, or
102109 improvements, including storm drainage, in aid of those roads.
103110 Sec. 7895.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
104111 road project must meet all applicable construction standards,
105112 zoning and subdivision requirements, and regulations of each
106113 municipality in whose corporate limits or extraterritorial
107114 jurisdiction the road project is located.
108115 (b) If a road project is not located in the corporate limits
109116 or extraterritorial jurisdiction of a municipality, the road
110117 project must meet all applicable construction standards,
111118 subdivision requirements, and regulations of each county in which
112119 the road project is located.
113120 (c) If the state will maintain and operate the road, the
114121 Texas Transportation Commission must approve the plans and
115122 specifications of the road project.
116123 Sec. 7895.0305. COMPLIANCE WITH MUNICIPAL CONSENT
117124 ORDINANCE OR RESOLUTION. The district shall comply with all
118125 applicable requirements of any ordinance or resolution that is
119126 adopted under Section 54.016 or 54.0165, Water Code, and that
120127 consents to the creation of the district or to the inclusion of land
121128 in the district.
122129 Sec. 7895.0306. DIVISION OF DISTRICT. (a) The district may
123130 be divided into two or more new districts only if the district:
124131 (1) has no outstanding bonded debt; and
125132 (2) is not imposing ad valorem taxes.
126133 (b) This chapter applies to any new district created by the
127134 division of the district, and a new district has all the powers and
128135 duties of the district.
129136 (c) Any new district created by the division of the district
130137 may not, at the time the new district is created, contain any land
131138 outside the area described by Section 2 of the Act enacting this
132139 chapter.
133140 (d) The board, on its own motion or on receipt of a petition
134141 signed by the owner or owners of a majority of the assessed value of
135142 the real property in the district, may adopt an order dividing the
136143 district.
137144 (e) The board may adopt an order dividing the district
138145 before or after the date the board holds an election under Section
139146 7895.0103 to confirm the district's creation.
140147 (f) An order dividing the district must:
141148 (1) name each new district;
142149 (2) include the metes and bounds description of the
143150 territory of each new district;
144151 (3) appoint temporary directors for each new district;
145152 and
146153 (4) provide for the division of assets and liabilities
147154 between or among the new districts.
148155 (g) On or before the 30th day after the date of adoption of
149156 an order dividing the district, the district shall file the order
150157 with the commission and record the order in the real property
151158 records of each county in which the district is located.
152159 (h) Any new district created by the division of the district
153160 shall hold a confirmation and directors' election as required by
154161 Section 7895.0103. If the voters of a new district do not confirm
155162 the creation of the new district, the assets, obligations,
156163 territory, and governance of the new district revert to the
157164 original district.
158165 (i) Municipal consent to the creation of the district and to
159166 the inclusion of land in the district granted under Section
160167 7895.0104 acts as municipal consent to the creation of any new
161168 district created by the division of the district and to the
162169 inclusion of land in the new district.
163170 (j) Any new district created by the division of the district
164171 must hold an election as required by this chapter to obtain voter
165172 approval before the district may impose a maintenance tax or issue
166173 bonds payable wholly or partly from ad valorem taxes.
167174 (k) If the creation of the new district is confirmed, the
168175 new district shall provide the election date and results to the
169176 commission.
170177 Sec. 7895.0307. NO EMINENT DOMAIN POWER. The district may
171178 not exercise the power of eminent domain.
172179 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
173180 Sec. 7895.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
174181 The district may issue, without an election, bonds and other
175182 obligations secured by:
176183 (1) revenue other than ad valorem taxes; or
177184 (2) contract payments described by Section 7895.0403.
178185 (b) The district must hold an election in the manner
179186 provided by Chapters 49 and 54, Water Code, to obtain voter approval
180187 before the district may impose an ad valorem tax or issue bonds
181188 payable from ad valorem taxes.
182189 (c) The district may not issue bonds payable from ad valorem
183190 taxes to finance a road project unless the issuance is approved by a
184191 vote of a two-thirds majority of the district voters voting at an
185192 election held for that purpose.
186193 Sec. 7895.0402. OPERATION AND MAINTENANCE TAX. (a) If
187194 authorized at an election held under Section 7895.0401, the
188195 district may impose an operation and maintenance tax on taxable
189196 property in the district in accordance with Section 49.107, Water
190197 Code.
191198 (b) The board shall determine the tax rate. The rate may not
192199 exceed the rate approved at the election.
193200 Sec. 7895.0403. CONTRACT TAXES. (a) In accordance with
194201 Section 49.108, Water Code, the district may impose a tax other than
195202 an operation and maintenance tax and use the revenue derived from
196203 the tax to make payments under a contract after the provisions of
197204 the contract have been approved by a majority of the district voters
198205 voting at an election held for that purpose.
199206 (b) A contract approved by the district voters may contain a
200207 provision stating that the contract may be modified or amended by
201208 the board without further voter approval.
202209 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
203210 Sec. 7895.0501. AUTHORITY TO ISSUE BONDS AND OTHER
204211 OBLIGATIONS. The district may issue bonds or other obligations
205212 payable wholly or partly from ad valorem taxes, impact fees,
206213 revenue, contract payments, grants, or other district money, or any
207214 combination of those sources, to pay for any authorized district
208215 purpose.
209216 Sec. 7895.0502. TAXES FOR BONDS. At the time the district
210217 issues bonds payable wholly or partly from ad valorem taxes, the
211218 board shall provide for the annual imposition of a continuing
212219 direct ad valorem tax, without limit as to rate or amount, while all
213220 or part of the bonds are outstanding as required and in the manner
214221 provided by Sections 54.601 and 54.602, Water Code.
215222 Sec. 7895.0503. BONDS FOR ROAD PROJECTS. At the time of
216223 issuance, the total principal amount of bonds or other obligations
217224 issued or incurred to finance road projects and payable from ad
218225 valorem taxes may not exceed one-fourth of the assessed value of the
219226 real property in the district.
220227 SECTION 2. The Dove Valley Ranch Municipal Utility District
221228 of Johnson County initially includes all the territory contained in
222229 the following area:
223230 574.533 acres of land situated in Johnson County, Texas,
224231 being made up of the following three (3) tracts of land:
225232 Tract I:
226233 BEING all that certain tract or parcel of land lying and being
227234 situated in the JOHNSON COUNTY SCHOOL SURVEY ABSTRACT NO. 437,
228235 Johnson County, Texas and being the remainder of a tract described
229236 in deed to Daniel Cattle Company recorded in Book 3425, Page 705,
230237 Deed Records, Johnson County, Texas and being more particularly
231238 described as follows:
232239 BEGINNING at a fence corner post at the intersection of the
233240 north line of said Daniel Tract and the East right of way line of
234241 F.M. Road 2331 and being on the south line of a tract described in a
235242 deed to P.C. Bishop et ux, recorded in Volume 424, Page 353, Deed
236243 Records, Johnson County, Texas and being the Northwest corner of
237244 the remainder of said Daniel Tract;
238245 THENCE North 89 degrees 29 minutes 13 seconds East with the
239246 north line of said Daniel Tract the south line of said Bishop Tract
240247 part of the way, passing the southeast corner of said Bishop Tract
241248 and the Southwest corner of a tract described in a deed to Susan R.
242249 Welborn, recorded in Book 2578, Page 105, Deed Records, Johnson
243250 County, Texas, continuing with the south line of said Welborn Tract
244251 a total distance of 3398.43 feet to a set 1/2 inch iron pin stamped
245252 "Metroplex 1849" at the Southwest corner of Mustang Estates Phase
246253 1, an addition to the County of Johnson according to the plat
247254 thereof recorded in Volume 8, Page 640-641, Plat Records, Johnson
248255 County, Texas;
249256 THENCE North 89 degrees 28 minutes 46 seconds East with the
250257 North line of said Daniel tract and the South line of said Mustang
251258 Estates a distance of 1262.51 feet to a set 1/2 inch iron pin
252259 stamped "Metroplex 1849";
253260 THENCE North 89 degrees 31 minutes 45 seconds East continuing
254261 with the north line of said Daniel Tract and the south line of said
255262 Mustang Estates a distance of 1378.82 feet to a set PK Nail at the
256263 Northeast corner of said Daniel tract on the West line of a tract
257264 described in a deed to Eugene Embry recorded in Book 2419, Page 755,
258265 Deed Records, Johnson County, Texas and said nail being in County
259266 Road 1004;
260267 THENCE South 00 degrees 28 minutes 11 seconds East with the
261268 east line of said Daniels Tract a distance of 2587.09 feet to a set
262269 PK Nail at the southeast corner of said Daniels Tract being the
263270 northeast corner of a tract described in a deed to John Walter
264271 Hubbard recorded in Volume 750, Page 273, Deed Records, Johnson
265272 County, Texas said corner also being on the west line of a tract
266273 described in a deed to Evernon C. Carrell recorded in Volume 480,
267274 Page 579, Deed Records, Johnson County, Texas;
268275 THENCE South 89 degrees 47 minutes 22 seconds West with the
269276 south line of said Daniel Tract, the north line of said John Walter
270277 Hubbard Tract part of the way passing the northeast corner of a
271278 tract described in a deed to Winford Gayland Hubbard et ux, recorded
272279 in Volume 1533, Page 492, Deed Records, Johnson County, Texas,
273280 continuing for a total distance of 3391.80 feet to a found iron pin
274281 at the northwest corner of said Windford Gayland Hubbard Tract and
275282 the northeast corner of a tract described in a deed to Mark E.
276283 Angeledes and Delana D. Angeledes recorded in Book 2833, Page 944,
277284 Deed Records, Johnson County, Texas;
278285 THENCE South 89 degrees 18 minutes 56 seconds West with the
279286 south line of said Daniel Tract, the north line of said Angeledes
280287 Tract part of the way passing the northwest corner of said Angeledes
281288 Tract and the northeast corner of a tract described in a deed to
282289 Bart Lynch et ux recorded in Book 2805, Page 840, Deed Records,
283290 Johnson County, Texas continuing with the north line of said Lynch
284291 Tract a total distance of 1344.68 feet to a found iron pin at the
285292 northwest corner of said Lynch Tract and the northeast corner of a
286293 tract described in a deed to Ben Davis, Jr. recorded in Book 2355,
287294 Page 431, Deed Records, Johnson County, Texas;
288295 THENCE South 89 degrees 19 minutes 35 seconds West with the
289296 south line of said Daniel Tract and the north line of said Davis
290297 Tract a distance of 1307.95 feet to a found iron pin at the
291298 intersection of the south line of said Daniel Tract and the east
292299 right of way of F.M. Road 2331 and being the northwest corner of
293300 said Davis Tract and the Southwest corner of the remainder of said
294301 Daniel Tract;
295302 THENCE North 00 degrees 22 minutes 01 seconds West with the
296303 east right of way line of F.M. Road 2331 a distance of 2577.73 feet
297304 to the POINT OF BEGINNING and Containing 357.408 acres of land, more
298305 or less.
299306 Tract II:
300307 BEING all that certain tract or parcel of land lying and being
301308 situated in the JOHNSON COUNTY SCHOOL SURVEY, ABSTRACT NO. 437,
302309 Johnson County, Texas, and being a part of a tract described in a
303310 deed to Susan Daniel Hammond et al, recorded in Volume 1222, Page
304311 578, Deed Records, Johnson County, Texas and being more
305312 particularly described as follows:
306313 BEGINNING at a found iron pin at the southwest corner of a
307314 tract described in a deed to Ben Davis, Jr. recorded in Volume 2355,
308315 Page 431, Deed Records, Johnson County, Texas and being on the east
309316 right of way line of F.M. 2331 from which a found iron pin at the
310317 northwest corner of said Davis Tract bears North 00 degrees 22
311318 minutes 00 seconds West a distance of 416.82 feet;
312319 THENCE North 89 degrees 19 minutes 58 seconds East with the
313320 south line of said Davis Tract a distance of 1307.25 feet to a found
314321 iron pin at the southeast corner of said Davis Tract, and being on
315322 the west line of a tract described in a deed to Bart Lynch et ux,
316323 recorded in Book 2805, Page 840, Deed Records of Johnson County,
317324 Texas;
318325 THENCE South 00 degrees 22 minutes 09 seconds East with the
319326 west line of said Lynch Tract, a distance of 1303.49 feet to a found
320327 iron pin at the southwest corner of said Lynch Tract and the
321328 northwest corner of a called Tract 1, described in a deed to Scott
322329 Wayne Anderson et al recorded in Book 2509, Page 133, Deed Records
323330 of Johnson County, Texas;
324331 THENCE 00 degrees 23 minutes 53 seconds East with the west
325332 line of said Anderson Tract a distance of 349.90 feet to a found
326333 iron pin at the southwest corner of said Anderson Tract and the
327334 northwest corner of a tract described in a deed to Winston E. Dixon
328335 et ux recorded in Book 2802, Page 653, Deed Records, Johnson County,
329336 Texas;
330337 THENCE South 00 degrees 09 minutes 00 seconds East with the
331338 west line of said Dixon Tract a distance of 516.60 feet to a set PK
332339 Nail at the southwest corner of Dixon Tract and being on the south
333340 line of said Hammond Tract;
334341 THENCE South 89 degrees 19 minutes 43 seconds West with the
335342 south line of said Hammond Tract a distance of 1255.64 feet to a set
336343 PK Nail at the southern most southwest corner of said Hammond Tract
337344 and being the east right of way line F.M. Road 2331;
338345 THENCE North 00 degrees 17 minutes 46 seconds West with the
339346 west line of said Hammond Tract and the east right of way line of
340347 F.M. Road 2331 a distance of 20.11 feet to a set 1/2 inch iron pin
341348 stamped "Metroplex 1849";
342349 THENCE North 45 degrees 22 minutes 01 second West with the
343350 west line of said Hammond Tract and the east right of way line of
344351 F.M. Road 2331 a distance of 70.60 feet to a set 1/2 inch iron pin
345352 stamped "Metroplex 1849";
346353 THENCE North 00 degrees 22 minutes 00 seconds West with the
347354 west line of said Hammond Tract and the east right of way line of
348355 F.M. Road 2331 a distance of 2099.78 feet to the POINT OF BEGINNING
349356 and containing 65.064 acres of land, more or less.
350357 Tract III:
351358 152.061 Acres situated in and being a portion of Sections 18
352359 and 19, JOHNSON COUNTY SCHOOL LAND SURVEY, ABSTRACT No. 427,
353360 Johnson County, Texas and being all those certain Lots, Tracts or
354361 Parcels of land described by deeds to Ronald W. Welborn, Trustee,
355362 recorded in Volume 2465, Page 461 and Susan R. Welborn, recorded in
356363 Volume 2578, Page 105, Official Records, Johnson County, Texas and
357364 being more particularly described by metes and bounds as follows:
358365 BEGINNING at an iron rod set, said iron being the called
359366 southwest corner of said Section 18;
360367 THENCE N 00°22'34" W, 1316.79 feet to an iron rod set;
361368 THENCE N 89°33'30"E, 232.98 feet to an iron rod set;
362369 THENCE N 00°24'34" W, 1267.91 feet to an iron rod found;
363370 THENCE N 89°33'32" E, at 3119.2 feet passing an iron rod found
364371 in the west line of County Road No. 1004, as it exist and in all
365372 3140.20 feet to a nail set in said county road;
366373 THENCE S 00°24'30" E, 1700.08 feet to a nail in said county
367374 road;
368375 THENCE S 89°35'30" W, at 30.0 feet passing an iron rod found at
369376 the northeast corner of Dove Valley Ranch, an addition to Johnson
370377 County, Texas, according to the plat recorded in Volume 8, Page 641,
371378 Plat Records, Johnson County, Texas and in all 380.50 feet to an
372379 iron rod set at the most northerly northwest corner of said Dove
373380 Valley Ranch;
374381 THENCE with the line of said Dove Valley Ranch the following
375382 courses and distances;
376383 S 00°24'30" E, 239.47 feet to an iron rod found;
377384 S 89°30'30" W, 2270.28 feet to an iron rod found;
378385 S 00°26'18" E, 642.05 feet to an iron rod found at the
379386 southwest corner of said Dove Valley Ranch;
380387 THENCE S 89°27'14" W, 723.45 feet to the POINT OF BEGINNING
381388 152.061 acres of land.
382389 SECTION 3. (a) The legal notice of the intention to
383390 introduce this Act, setting forth the general substance of this
384391 Act, has been published as provided by law, and the notice and a
385392 copy of this Act have been furnished to all persons, agencies,
386393 officials, or entities to which they are required to be furnished
387394 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
388395 Government Code.
389396 (b) The governor, one of the required recipients, has
390397 submitted the notice and Act to the Texas Commission on
391398 Environmental Quality.
392399 (c) The Texas Commission on Environmental Quality has filed
393400 its recommendations relating to this Act with the governor, the
394401 lieutenant governor, and the speaker of the house of
395402 representatives within the required time.
396403 (d) All requirements of the constitution and laws of this
397404 state and the rules and procedures of the legislature with respect
398405 to the notice, introduction, and passage of this Act are fulfilled
399406 and accomplished.
400407 SECTION 4. This Act takes effect September 1, 2019.
401- ______________________________ ______________________________
402- President of the Senate Speaker of the House
403- I certify that H.B. No. 4724 was passed by the House on May 3,
404- 2019, by the following vote: Yeas 122, Nays 18, 2 present, not
405- voting.
406- ______________________________
407- Chief Clerk of the House
408- I certify that H.B. No. 4724 was passed by the Senate on May
409- 21, 2019, by the following vote: Yeas 30, Nays 1.
410- ______________________________
411- Secretary of the Senate
412- APPROVED: _____________________
413- Date
414- _____________________
415- Governor
408+ * * * * *