Texas 2019 - 86th Regular

Texas Senate Bill SB1371 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R9244 AAF-F
2	2	By: Nichols S.B. No. 1371
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Liberty Grand Municipal Utility
8	8	District No. 1; granting a limited power of eminent domain;
9	9	providing authority to issue bonds; providing authority to impose
10	10	assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 8049 to read as follows:
14	14	CHAPTER 8049. LIBERTY GRAND MUNICIPAL UTILITY DISTRICT NO. 1
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8049.0101. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Liberty Grand Municipal
22	22	Utility District No. 1.
23	23	Sec. 8049.0102. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 8049.0103. CONFIRMATION AND DIRECTOR ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 8049.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	8049.0103 until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 8049.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 8049.0106. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 8049.0201. GOVERNING BODY; TERMS. (a) The district is
60	60	governed by a board of five elected directors.
61	61	(b) Except as provided by Section 8049.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 8049.0202. TEMPORARY DIRECTORS. (a) The temporary
64	64	board consists of:
65	65	(1) Barrett Von Blon;
66	66	(2) Randall Hancock;
67	67	(3) Robert Derrick III;
68	68	(4) Jess Arnold; and
69	69	(5) Jock Naponic.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8049.0103; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act enacting this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 8049.0103 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 8049.0103; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 8049.0301. GENERAL POWERS AND DUTIES. The district
93	93	has the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 8049.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 8049.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
101	101	52, Article III, Texas Constitution, the district may design,
102	102	acquire, construct, finance, issue bonds for, improve, operate,
103	103	maintain, and convey to this state, a county, or a municipality for
104	104	operation and maintenance macadamized, graveled, or paved roads, or
105	105	improvements, including storm drainage, in aid of those roads.
106	106	Sec. 8049.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	107	road project must meet all applicable construction standards,
108	108	zoning and subdivision requirements, and regulations of each
109	109	municipality in whose corporate limits or extraterritorial
110	110	jurisdiction the road project is located.
111	111	(b) If a road project is not located in the corporate limits
112	112	or extraterritorial jurisdiction of a municipality, the road
113	113	project must meet all applicable construction standards,
114	114	subdivision requirements, and regulations of each county in which
115	115	the road project is located.
116	116	(c) If the state will maintain and operate the road, the
117	117	Texas Transportation Commission must approve the plans and
118	118	specifications of the road project.
119	119	Sec. 8049.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120	120	ORDINANCE OR RESOLUTION. The district shall comply with all
121	121	applicable requirements of any ordinance or resolution that is
122	122	adopted under Section 54.016 or 54.0165, Water Code, and that
123	123	consents to the creation of the district or to the inclusion of land
124	124	in the district.
125	125	Sec. 8049.0306. DIVISION OF DISTRICT. (a) The district may
126	126	be divided into two or more new districts only if the district:
127	127	(1) has never issued any bonds; and
128	128	(2) is not imposing ad valorem taxes.
129	129	(b) This chapter applies to any new district created by the
130	130	division of the district, and a new district has all the powers and
131	131	duties of the district.
132	132	(c) Any new district created by the division of the district
133	133	may not, at the time the new district is created, contain any land
134	134	outside the area described by Section 2 of the Act enacting this
135	135	chapter.
136	136	(d) The board, on its own motion or on receipt of a petition
137	137	signed by the owner or owners of a majority of the assessed value of
138	138	the real property in the district, may adopt an order dividing the
139	139	district.
140	140	(e) The board may adopt an order dividing the district
141	141	before or after the date the board holds an election under Section
142	142	8049.0103 to confirm the creation of the district.
143	143	(f) An order dividing the district shall:
144	144	(1) name each new district;
145	145	(2) include the metes and bounds description of the
146	146	territory of each new district;
147	147	(3) appoint temporary directors for each new district;
148	148	and
149	149	(4) provide for the division of assets and liabilities
150	150	between or among the new districts.
151	151	(g) On or before the 30th day after the date of adoption of
152	152	an order dividing the district, the district shall file the order
153	153	with the commission and record the order in the real property
154	154	records of each county in which the district is located.
155	155	(h) Any new district created by the division of the district
156	156	shall hold a confirmation and directors' election as required by
157	157	Section 8049.0103.
158	158	(i) If the creation of the new district is confirmed, the
159	159	new district shall provide the election date and results to the
160	160	commission.
161	161	(j) Any new district created by the division of the district
162	162	must hold an election as required by this chapter to obtain voter
163	163	approval before the district may impose a maintenance tax or issue
164	164	bonds payable wholly or partly from ad valorem taxes.
165	165	(k) Municipal consent to the creation of the district and to
166	166	the inclusion of land in the district granted under Section
167	167	8049.0104 acts as municipal consent to the creation of any new
168	168	district created by the division of the district and to the
169	169	inclusion of land in the new district.
170	170	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
171	171	Sec. 8049.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
172	172	The district may issue, without an election, bonds and other
173	173	obligations secured by:
174	174	(1) revenue other than ad valorem taxes; or
175	175	(2) contract payments described by Section 8049.0403.
176	176	(b) The district must hold an election in the manner
177	177	provided by Chapters 49 and 54, Water Code, to obtain voter approval
178	178	before the district may impose an ad valorem tax or issue bonds
179	179	payable from ad valorem taxes.
180	180	(c) The district may not issue bonds payable from ad valorem
181	181	taxes to finance a road project unless the issuance is approved by a
182	182	vote of a two-thirds majority of the district voters voting at an
183	183	election held for that purpose.
184	184	Sec. 8049.0402. OPERATION AND MAINTENANCE TAX. (a) If
185	185	authorized at an election held under Section 8049.0401, the
186	186	district may impose an operation and maintenance tax on taxable
187	187	property in the district in accordance with Section 49.107, Water
188	188	Code.
189	189	(b) The board shall determine the tax rate. The rate may not
190	190	exceed the rate approved at the election.
191	191	Sec. 8049.0403. CONTRACT TAXES. (a) In accordance with
192	192	Section 49.108, Water Code, the district may impose a tax other than
193	193	an operation and maintenance tax and use the revenue derived from
194	194	the tax to make payments under a contract after the provisions of
195	195	the contract have been approved by a majority of the district voters
196	196	voting at an election held for that purpose.
197	197	(b) A contract approved by the district voters may contain a
198	198	provision stating that the contract may be modified or amended by
199	199	the board without further voter approval.
200	200	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
201	201	Sec. 8049.0501. AUTHORITY TO ISSUE BONDS AND OTHER
202	202	OBLIGATIONS. The district may issue bonds or other obligations
203	203	payable wholly or partly from ad valorem taxes, impact fees,
204	204	revenue, contract payments, grants, or other district money, or any
205	205	combination of those sources, to pay for any authorized district
206	206	purpose.
207	207	Sec. 8049.0502. TAXES FOR BONDS. At the time the district
208	208	issues bonds payable wholly or partly from ad valorem taxes, the
209	209	board shall provide for the annual imposition of a continuing
210	210	direct ad valorem tax, without limit as to rate or amount, while all
211	211	or part of the bonds are outstanding as required and in the manner
212	212	provided by Sections 54.601 and 54.602, Water Code.
213	213	Sec. 8049.0503. BONDS FOR ROAD PROJECTS. At the time of
214	214	issuance, the total principal amount of bonds or other obligations
215	215	issued or incurred to finance road projects and payable from ad
216	216	valorem taxes may not exceed one-fourth of the assessed value of the
217	217	real property in the district.
218	218	SECTION 2. The Liberty Grand Municipal Utility District No.
219	219	1 initially includes all the territory contained in the following
220	220	area:
221	221	BEING a 815.0-acre tract of land situated in the Edward King
222	222	Survey, Abstract No. 56, the A.S. McLemore Survey, Abstract
223	223	No. 700, the G.C. & S.F. R.R. Co. Survey, Abstract No. 463 and the
224	224	H. & T.C. R.R. Co. Survey, Abstract No. 267 of Liberty County, Texas
225	225	and being a portion of a called 100-acre tract of land as described
226	226	in an instrument to Stoesser Farms, Inc. recorded under Volume 745,
227	227	Page 268 of the Deed Records Liberty County (D.R.L.C.), a portion of
228	228	the 63rd Tract, 59th Tract, 66th Tract, 58th Tract, 43rd Tract, 37th
229	229	Tract and 39th Tract of lands as described in an instrument to
230	230	Stoesser Farms, Inc. recorded under Volume 601, Page 541 D.R.L.C.,
231	231	and all of the 56th Tract, 55th Tract-First Tract, and 60th
232	232	Tract-First Tract, of lands described in an instrument to Stoesser
233	233	Farms, Inc. recorded under Volume 601, Page 541 D.R.L.C., said
234	234	815.0-acre tract of land described by metes and bounds as follows:
235	235	BEGINNING at a 3/4-inch iron pipe found for an interior
236	236	corner of a called 85.63-acre tract of land, designated Tract 2,
237	237	described in an instrument to Coastal Water Authority recorded
238	238	under Liberty County Clerk's File Number (L.C.C.F. No.) 2012015879,
239	239	same being the Northwest corner of the remainder of said 100-acre
240	240	tract and the herein described tract;
241	241	THENCE, N 87°56'55" E, along and with the North line of the
242	242	remainder of said 100-acre tract and the North line of the remainder
243	243	of said 63rd Tract, same being a South line of said 85.63-acre
244	244	tract, a distance of 1,832.14 feet to a point for the Northeast
245	245	corner of the herein described tract;
246	246	THENCE, over and across the remainder of said 63rd Tract, the
247	247	remainder of said 59th Tract, and said 58th Tract, the following
248	248	courses and distances:
249	249	S 43°07'30" E, a distance of 66.12 feet to an angle
250	250	point of the herein described tract;
251	251	S 39°22'30" E, a distance of 1,727.57 feet to an angle
252	252	point of the herein described tract;
253	253	S 36°28'36" E, a distance of 942.93 feet to an angle
254	254	point of the herein described tract;
255	255	S 41°33'17" E, a distance of 280.68 feet to an angle
256	256	point of the herein described tract;
257	257	S 39°22'30" E, a distance of 1,727.57 feet to an angle
258	258	point of the herein described tract;
259	259	S 35°37'30" E, a distance of 1,102.16 feet to a point
260	260	for corner of the herein described tract, lying on the North line of
261	261	a called 80-acre tract of land, designated Tract Six, described in
262	262	an instrument to Phillip Fouts McMillan recorded under Volume 1102,
263	263	Page 722 of the Official Public Records of Liberty County Texas;
264	264	THENCE, along and with the North, West, South and East line of
265	265	said 80-acre tract, the following courses and distances:
266	266	S 88°25'48" W, a distance of 477.57 feet to a point for
267	267	the Northwest corner of said 80-acre tract and an interior corner of
268	268	the herein described tract;
269	269	S 01°34'12" E, a distance of 2,357.45 feet to a point
270	270	for the Southwest corner of said 80-acre tract and an interior
271	271	corner of the herein described tract;
272	272	N 88°25'48" E, a distance of 1,481.36 feet to a point
273	273	for the Southeast corner of said 80-acre tract and an interior
274	274	corner of the herein described tract;
275	275	N 01°34'12" W, a distance of 721.07 feet to a point for
276	276	corner of the herein described tract, lying on the West line of the
277	277	remainder of said 43rd Tract;
278	278	THENCE, S 31°52'30" E, over and across said 43rd Tract, a
279	279	distance of 184.89 feet to a point for corner of the herein
280	280	described tract, lying on a West Line of a called 519.20-acre tract
281	281	of land, designated Tract 2, described in an instrument to Cedar
282	282	Bayou Wildlife, LLC recorded under L.C.C.F. No. 2013000064;
283	283	THENCE, along and with the West lines of said 519.20-acre
284	284	tract the following courses and distances:
285	285	S 33°56'12" W, a distance of 84.47 feet to a point for an
286	286	interior corner of the herein described tract;
287	287	S 01°44'10" E, a distance of 541.13 feet to a point for
288	288	corner of the herein described tract;
289	289	S 87°49'15" W, a distance of 455.56 feet to a point for
290	290	an interior corner of the herein described tract;
291	291	S 01°52'18" E, a distance of 2,162.71 feet to an angle
292	292	point of the herein described tract;
293	293	S 10°26'41" W, a distance of 1,258.99 feet to a point
294	294	for corner of the herein described tract;
295	295	S 85°40'34" W, a distance of 610.17 feet to a point for
296	296	an interior corner of the herein described tract;
297	297	S 22°15'26" W, a distance of 858.89 feet to a point for
298	298	corner of the herein described tract;
299	299	S 78°54'43" W, a distance of 719.66 feet to a point for
300	300	the Southernmost corner of the herein described tract, lying on the
301	301	line common to said H. & T.C. R.R. Co. Survey, Abstract No. 267 and
302	302	the A.G. Penn Survey, Abstract No. 764;
303	303	THENCE, N 01°48'36" W, along and with said common line, a
304	304	distance of 30.17 feet to the common corner of said H. & T.C. R.R.
305	305	Co. Survey, Abstract No. 267, said A.G. Penn Survey, Abstract
306	306	No. 764, said G.C. & S.F. R.R. Co. Survey, Abstract No. 463 and the
307	307	J. Ross Survey, Abstract No. 806, same being an angle point of the
308	308	herein described tract;
309	309	THENCE, N 02°12'38" W, along and with the West line of said
310	310	G.C. & S.F. R.R. Co. Survey, Abstract No. 463, the remainder of said
311	311	39th Tract, and said the remainder of said 37th Tract, a distance
312	312	of 4,049.42 feet to a point for corner of the remainder of said 37th
313	313	Tract and the herein described tract, same being the Southwest
314	314	corner of a called 1.000-acre tract of land, designated Tract 6,
315	315	described in an instrument to Ray E. Stoesser, et ux, recorded under
316	316	L.C.C.F. No. 2014019951;
317	317	THENCE, along and with the lines common to the remainder of
318	318	said 37th Tract and said 1.000-acre tract, the following courses
319	319	and distances:
320	320	N 87°47'22" E, a distance of 208.71 feet to a point for
321	321	the Southeast corner of said 1.000-acre tract and an interior
322	322	corner of the herein described tract;
323	323	N 02°12'38" W, a distance of 208.71 feet to a point for
324	324	the Northeast corner of said 1.000-acre tract and an interior
325	325	corner of the herein described tract;
326	326	S 87°47'22" W, a distance of 208.71 feet to a point for
327	327	the Northwest corner of said 1.000-acre tract, same being a common
328	328	corner of said 37th Tract and the herein described tract;
329	329	THENCE, N 02°12'38" W, along and with the West line of the
330	330	remainder of said 37th Tract, a distance of 30.00 feet to a point
331	331	for corner lying on South line of said 60th Tract;
332	332	THENCE, S 88°22'49" W, along and with the South line of said
333	333	60th Tract, said 55th Tract, and said 56th Tract, a distance of
334	334	1,885.45 feet to the South common corner of said 56th Tract and the
335	335	remainder of said 66th Tract, same being an angle point of the
336	336	herein described tract;
337	337	THENCE, along and with the South line of the remainder of said
338	338	66th Tract, the following courses and distances:
339	339	S 89°38'05" W, a distance of 1,049.76 feet to an angle
340	340	point of the herein described tract;
341	341	S 87°54'35" W, a distance of 963.09 feet to a point for
342	342	corner the herein described tract, being the Southeast corner of
343	343	said 85.63-acre tract;
344	344	THENCE, N 02°04'22" W, along and with an East line of said
345	345	85.63-acre tract, same being the West lines of the remainder of said
346	346	66th Tract and the remainder of said 100-acre tract, a distance of
347	347	7,074.86 feet to the POINT OF BEGINNING and containing 820.0 acres
348	348	of land (Gross), SAVE & EXCEPT a called 5-acre tract of land,
349	349	designated 55th Tract, Second Tract, described in an instrument to
350	350	Stoesser Farms, Inc. recorded under Volume 601, Page 541 D.R.L.C.
351	351	leaving a net acreage of 815.0 acres of land.
352	352	Bearing orientation is based on the Texas Coordinate System
353	353	of 1983 (NAD83), South Central Zone 4204 and is referenced to deed
354	354	bearings of the West lines of said 519.20-acre tract of land as
355	355	cited herein.
356	356	SECTION 3. (a) The legal notice of the intention to
357	357	introduce this Act, setting forth the general substance of this
358	358	Act, has been published as provided by law, and the notice and a
359	359	copy of this Act have been furnished to all persons, agencies,
360	360	officials, or entities to which they are required to be furnished
361	361	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
362	362	Government Code.
363	363	(b) The governor, one of the required recipients, has
364	364	submitted the notice and Act to the Texas Commission on
365	365	Environmental Quality.
366	366	(c) The Texas Commission on Environmental Quality has filed
367	367	its recommendations relating to this Act with the governor, the
368	368	lieutenant governor, and the speaker of the house of
369	369	representatives within the required time.
370	370	(d) All requirements of the constitution and laws of this
371	371	state and the rules and procedures of the legislature with respect
372	372	to the notice, introduction, and passage of this Act are fulfilled
373	373	and accomplished.
374	374	SECTION 4. (a) If this Act does not receive a two-thirds
375	375	vote of all the members elected to each house, Subchapter C, Chapter
376	376	8049, Special District Local Laws Code, as added by Section 1 of
377	377	this Act, is amended by adding Section 8049.0307 to read as follows:
378	378	Sec. 8049.0307. NO EMINENT DOMAIN POWER. The district may
379	379	not exercise the power of eminent domain.
380	380	(b) This section is not intended to be an expression of a
381	381	legislative interpretation of the requirements of Section 17(c),
382	382	Article I, Texas Constitution.
383	383	SECTION 5. This Act takes effect immediately if it receives
384	384	a vote of two-thirds of all the members elected to each house, as
385	385	provided by Section 39, Article III, Texas Constitution. If this
386	386	Act does not receive the vote necessary for immediate effect, this
387	387	Act takes effect September 1, 2019.