Texas 2019 - 86th Regular

Texas Senate Bill SB2460 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R12642 SLB-F
1	2		By: Creighton S.B. No. 2460
2		-	(In the Senate - Filed March 26, 2019; March 27, 2019, read
3		-	first time and referred to Committee on Intergovernmental
4		-	Relations; April 23, 2019, reported favorably by the following
5		-	vote: Yeas 6, Nays 0; April 23, 2019, sent to printer.)
6		-	Click here to see the committee vote
7	3
8	4
9	5		A BILL TO BE ENTITLED
10	6		AN ACT
11	7		relating to the creation of the Wood Trace Water Control and
12	8		Improvement District of Montgomery County, Texas; granting a
13	9		limited power of eminent domain; providing authority to issue
14	10		bonds; providing authority to impose assessments, fees, and taxes.
15	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	12		SECTION 1. Subtitle I, Title 6, Special District Local Laws
17	13		Code, is amended by adding Chapter 9084 to read as follows:
18	14		CHAPTER 9084. WOOD TRACE WATER CONTROL AND IMPROVEMENT DISTRICT
19	15		OF MONTGOMERY COUNTY, TEXAS
20	16		SUBCHAPTER A. GENERAL PROVISIONS
21	17		Sec. 9084.0101. DEFINITIONS. In this chapter:
22	18		(1) "Board" means the district's board of directors.
23	19		(2) "Commission" means the Texas Commission on
24	20		Environmental Quality.
25	21		(3) "Director" means a board member.
26	22		(4) "District" means the Wood Trace Water Control and
27	23		Improvement District of Montgomery County, Texas.
28	24		Sec. 9084.0102. NATURE OF DISTRICT. The district is a water
29	25		control and improvement district created under Section 59, Article
30	26		XVI, Texas Constitution.
31	27		Sec. 9084.0103. CONFIRMATION AND DIRECTORS' ELECTION
32	28		REQUIRED. The temporary directors shall hold an election to
33	29		confirm the creation of the district and to elect five permanent
34	30		directors as provided by Section 49.102, Water Code.
35	31		Sec. 9084.0104. CONSENT OF MUNICIPALITY REQUIRED. The
36	32		temporary directors may not hold an election under Section
37	33		9084.0103 until each municipality in whose corporate limits or
38	34		extraterritorial jurisdiction the district is located has
39	35		consented by ordinance or resolution to the creation of the
40	36		district and to the inclusion of land in the district.
41	37		Sec. 9084.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
42	38		(a) The district is created to serve a public purpose and benefit.
43	39		(b) The district is created to accomplish the purposes of:
44	40		(1) a water control and improvement district as
45	41		provided by general law and Section 59, Article XVI, Texas
46	42		Constitution, including the collection, transportation,
47	43		processing, disposal, and control of domestic, industrial, or
48	44		communal waste and the gathering, conducting, diverting, and
49	45		control of local stormwater or other harmful excesses of water; and
50	46		(2) Section 52, Article III, Texas Constitution, that
51	47		relate to the construction, acquisition, improvement, operation,
52	48		or maintenance of macadamized, graveled, or paved roads, or
53	49		improvements, including storm drainage, in aid of those roads.
54	50		Sec. 9084.0106. INITIAL DISTRICT TERRITORY. (a) The
55	51		district is initially composed of the territory described by
56	52		Section 2 of the Act enacting this chapter.
57	53		(b) The boundaries and field notes contained in Section 2 of
58	54		the Act enacting this chapter form a closure. A mistake made in the
59	55		field notes or in copying the field notes in the legislative process
60	56		does not affect the district's:
61	57		(1) organization, existence, or validity;
62	58		(2) right to issue any type of bond for the purposes
63	59		for which the district is created or to pay the principal of and
64	60		interest on a bond;
65	61		(3) right to impose a tax; or
66	62		(4) legality or operation.
67	63		SUBCHAPTER B. BOARD OF DIRECTORS
68		-	Sec. 9084.0201. GOVERNING BODY; TERMS. (a) The district
69		-	is governed by a board of five elected directors.
	64	+	Sec. 9084.0201. GOVERNING BODY; TERMS. (a) The district is
	65	+	governed by a board of five elected directors.
70	66		(b) Except as provided by Section 9084.0202, directors
71	67		serve staggered four-year terms.
72	68		Sec. 9084.0202. TEMPORARY DIRECTORS. (a) On or after the
73	69		effective date of the Act enacting this chapter, the owner or owners
74	70		of a majority of the assessed value of the real property in the
75	71		district may submit a petition to the commission requesting that
76	72		the commission appoint as temporary directors the five persons
77	73		named in the petition. The commission shall appoint as temporary
78	74		directors the five persons named in the petition.
79	75		(b) Temporary directors serve until the earlier of:
80	76		(1) the date permanent directors are elected under
81	77		Section 9084.0103; or
82	78		(2) the fourth anniversary of the effective date of
83	79		the Act enacting this chapter.
84	80		(c) If permanent directors have not been elected under
85	81		Section 9084.0103 and the terms of the temporary directors have
86	82		expired, successor temporary directors shall be appointed or
87	83		reappointed as provided by Subsection (d) to serve terms that
88	84		expire on the earlier of:
89	85		(1) the date permanent directors are elected under
90	86		Section 9084.0103; or
91	87		(2) the fourth anniversary of the date of the
92	88		appointment or reappointment.
93	89		(d) If Subsection (c) applies, the owner or owners of a
94	90		majority of the assessed value of the real property in the district
95	91		may submit a petition to the commission requesting that the
96	92		commission appoint as successor temporary directors the five
97	93		persons named in the petition. The commission shall appoint as
98	94		successor temporary directors the five persons named in the
99	95		petition.
100	96		SUBCHAPTER C. POWERS AND DUTIES
101	97		Sec. 9084.0301. GENERAL POWERS AND DUTIES. The district
102	98		has the powers and duties necessary to accomplish the purposes for
103	99		which the district is created.
104	100		Sec. 9084.0302. WATER CONTROL AND IMPROVEMENT DISTRICT
105	101		POWERS AND DUTIES. The district has the powers and duties provided
106	102		by the general law of this state, including Chapters 49 and 51,
107	103		Water Code, applicable to water control and improvement districts
108	104		created under Section 59, Article XVI, Texas Constitution, and
109	105		specifically including the powers and duties authorized under
110	106		Subchapter H, Chapter 51, Water Code.
111	107		Sec. 9084.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
112	108		52, Article III, Texas Constitution, the district may design,
113	109		acquire, construct, finance, issue bonds for, improve, operate,
114	110		maintain, and convey to this state, a county, or a municipality for
115	111		operation and maintenance macadamized, graveled, or paved roads, or
116	112		improvements, including storm drainage, in aid of those roads.
117	113		Sec. 9084.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
118	114		road project must meet all applicable construction standards,
119	115		zoning and subdivision requirements, and regulations of each
120	116		municipality in whose corporate limits or extraterritorial
121	117		jurisdiction the road project is located.
122	118		(b) If a road project is not located in the corporate limits
123	119		or extraterritorial jurisdiction of a municipality, the road
124	120		project must meet all applicable construction standards, zoning and
125	121		subdivision requirements, and regulations of each county in which
126	122		the road project is located.
127	123		(c) If the state will maintain and operate the road, the
128	124		Texas Transportation Commission must approve the plans and
129	125		specifications of the road project.
130	126		Sec. 9084.0305. COMPLIANCE WITH MUNICIPAL CONSENT
131	127		ORDINANCE OR RESOLUTION. The district shall comply with all
132	128		applicable requirements of any ordinance or resolution that is
133	129		adopted under Section 42.042 or 42.0425, Local Government Code, and
134	130		consents to the creation of the district or to the inclusion of land
135	131		in the district.
136	132		Sec. 9084.0306. LIMITATION ON USE OF EMINENT DOMAIN. The
137	133		district may not exercise the power of eminent domain outside the
138	134		district boundaries to acquire a site or easement for:
139	135		(1) a recreational facility, as defined by Section
140	136		49.462, Water Code; or
141	137		(2) a road project authorized by Section 9084.0303.
142	138		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
143		-	Sec. 9084.0401. ELECTIONS REGARDING TAXES OR BONDS.
144		-	~~(a)~~ The district may issue, without an election, bonds and other
	139	+	Sec. 9084.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
	140	+	The district may issue, without an election, bonds and other
145	141		obligations secured by:
146	142		(1) revenue other than ad valorem taxes; or
147	143		(2) contract payments described by Section 9084.0403.
148	144		(b) The district must hold an election in the manner
149	145		provided by Chapters 49 and 51, Water Code, to obtain voter approval
150	146		before the district may impose an ad valorem tax or issue bonds
151	147		payable from ad valorem taxes.
152	148		(c) The district may not issue bonds payable from ad valorem
153	149		taxes to finance a road project unless the issuance is approved by a
154	150		vote of a two-thirds majority of the district voters voting at an
155	151		election held for that purpose.
156	152		Sec. 9084.0402. OPERATION AND MAINTENANCE TAX. (a) If
157	153		authorized at an election held under Section 9084.0401, the
158	154		district may impose an operation and maintenance tax on taxable
159	155		property in the district in accordance with Section 49.107, Water
160	156		Code.
161	157		(b) The board shall determine the tax rate. The rate may not
162	158		exceed the rate approved at the election.
163	159		Sec. 9084.0403. CONTRACT TAXES. (a) In accordance with
164	160		Section 49.108, Water Code, the district may impose a tax other than
165	161		an operation and maintenance tax and use the revenue derived from
166	162		the tax to make payments under a contract after the provisions of
167	163		the contract have been approved by a majority of the district voters
168	164		voting at an election held for that purpose.
169	165		(b) A contract approved by the district voters may contain a
170	166		provision stating that the contract may be modified or amended by
171	167		the board without further voter approval.
172	168		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
173	169		Sec. 9084.0501. AUTHORITY TO ISSUE BONDS AND OTHER
174	170		OBLIGATIONS. The district may issue bonds or other obligations
175	171		payable wholly or partly from ad valorem taxes, impact fees,
176	172		revenue, contract payments, grants, or other district money, or any
177	173		combination of those sources, to pay for any authorized district
178	174		purpose.
179	175		Sec. 9084.0502. TAXES FOR BONDS. At the time the district
180	176		issues bonds payable wholly or partly from ad valorem taxes, the
181	177		board shall provide for the annual imposition of a continuing
182	178		direct ad valorem tax, without limit as to rate or amount, while all
183	179		or part of the bonds are outstanding as required and in the manner
184	180		provided by Chapter 51, Water Code.
185	181		Sec. 9084.0503. BONDS FOR ROAD PROJECTS. At the time of
186	182		issuance, the total principal amount of bonds or other obligations
187	183		issued or incurred to finance road projects and payable from ad
188	184		valorem taxes may not exceed one-fourth of the assessed value of the
189	185		real property in the district.
190		-	Sec. 9084.0504. BONDS FOR RECREATIONAL FACILITIES.
191		-	~~(a)~~ The district may develop recreational facilities and issue
192		-	~~bonds~~ for recreational facilities as provided by Chapter 49, Water
193		-	~~Code,~~ regardless of whether the district's territory overlaps with
194		-	~~the~~ territory of a political subdivision that is authorized to
195		-	~~develop~~ recreational facilities and issue bonds for recreational
	186	+	Sec. 9084.0504. BONDS FOR RECREATIONAL FACILITIES. (a)
	187	+	The district may develop recreational facilities and issue bonds
	188	+	for recreational facilities as provided by Chapter 49, Water Code,
	189	+	regardless of whether the district's territory overlaps with the
	190	+	territory of a political subdivision that is authorized to develop
	191	+	recreational facilities and issue bonds for recreational
196	192		facilities under Chapter 49, Water Code.
197	193		(b) The authority of the district to develop recreational
198	194		facilities and issue bonds for recreational facilities under this
199	195		section does not limit the authority of another political
200	196		subdivision whose territory the territory of the district may
201	197		overlap, wholly or partly, to develop recreational facilities and
202	198		issue bonds for recreational facilities under Chapter 49, Water
203	199		Code.
204	200		SECTION 2. The Wood Trace Water Control and Improvement
205	201		District of Montgomery County, Texas, initially includes all the
206	202		territory contained in the following area:
207	203		A description of a 489.92-acre tract of land situated in the
208	204		B.B.B. & C. RR. Survey, a-110, B.B.B. & C. RR. Survey, A-111 and the
209	205		E.R. Hale Survey, A-264, Montgomery County, Texas; said 489.9-acres
210	206		being more particularly described by metes and bounds as follows:
211	207		Being a 489.919-acre tract of land situated in Montgomery
212	208		County, Texas in the B.B.B. & C. RR. Survey, A-110, B.B.B. & C. RR.
213	209		Survey, A-111 and the E.R. Hale Survey, A-264, and being more
214	210		particularly described by metes and bounds with all control
215	211		referred to in the State Department of Highways and Public
216	212		Transportation Surface Coordinates bases on the Texas State Plane
217	213		Coordinate System, Central Zone:
218	214		Beginning at the north corner of the B.B.B. & C RR. Survey,
219	215		A-110, common to the east corner of the Henry Studz Survey, A-513,
220	216		located in the southwest line of the J. D. Cochran Survey, A-123;
221	217		1. Thence, along the southwest line of said J. D. Cochran
222	218		Survey, A-123 common to the northwest line of said B.B.B. & C. RR.
223	219		Survey, A-110, S 47°50’58” E, at 2,921.27 feet pass the northwest
224	220		corner of the E. R. Hale Survey, A-264, in all a total distance of
225	221		4,721.76 feet to the south corner of said J.D. Cochran Survey, A-123
226	222		in the north line of said E R. Hale Survey, A-264;
227	223		2. Thence, along the southeast line of said J.D. Cochran
228	224		Survey, A-123, common to the northerly line of said E. R. Hale
229	225		Survey, A-264, N 41°32’47” E, 1,619.29 feet to a point for corner;
230	226		3. Thence, severing said E. R. Hale Survey, A-264, S
231	227		01°42’53” E, 3,063.20 feet to a point for corner in the northeast
232	228		line of the existing Missouri Pacific Railroad right-of-way;
233	229		4. Thence, along said northeast line, N 59°23’57” W,
234	230		2,041.86 feet to a point for corner;
235	231		5. Thence, continuing along said northeast line, N 58°50’22”
236	232		W, 780.31 feet to a point for corner in the east line of said B. B.
237	233		B. & C. RR. Survey, A-110, common to the east line of said E. R. Hale
238	234		Survey, A-264;
239	235		6. Thence, along said common survey line, S 02°40’02” E,
240	236		2,839.93 feet to a point for corner;
241	237		7. Thence, S 87°10’15” W, 1724.18 feet to a point for corner
242	238		laying in the centerline of existing Highway No. 149;
243	239		8. Thence, along said centerline, N 30°32’20” W, 5,079.82
244	240		feet to a point for corner in the northwest line of said B.B.B. & C.
245	241		RR. survey A-111, common to the southeast line of the John Raimon
246	242		Survey, A-472;
247	243		9. Thence, along said common survey line, N 42°22’36” E,
248	244		891.43 feet to a point for corner in the northeast line of said
249	245		Missouri Pacific right-of-way;
250	246		10. Thence, N 42°14’38” E, 1,997.17 feet to the Point of
251	247		Beginning and containing 489.919 acres of land.
252	248		SECTION 3. (a) The legal notice of the intention to
253	249		introduce this Act, setting forth the general substance of this
254	250		Act, has been published as provided by law, and the notice and a
255	251		copy of this Act have been furnished to all persons, agencies,
256	252		officials, or entities to which they are required to be furnished
257	253		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
258	254		Government Code.
259	255		(b) The governor, one of the required recipients, has
260	256		submitted the notice and Act to the Texas Commission on
261	257		Environmental Quality.
262	258		(c) The Texas Commission on Environmental Quality has filed
263	259		its recommendations relating to this Act with the governor, the
264	260		lieutenant governor, and the speaker of the house of
265	261		representatives within the required time.
266	262		(d) All requirements of the constitution and laws of this
267	263		state and the rules and procedures of the legislature with respect
268	264		to the notice, introduction, and passage of this Act are fulfilled
269	265		and accomplished.
270	266		SECTION 4. (a) Section 9084.0306, Special District Local
271	267		Laws Code, as added by Section 1 of this Act, takes effect only if
272	268		this Act receives a two-thirds vote of all the members elected to
273	269		each house.
274	270		(b) If this Act does not receive a two-thirds vote of all the
275	271		members elected to each house, Subchapter C, Chapter 9084, Special
276	272		District Local Laws Code, as added by Section 1 of this Act, is
277	273		amended by adding Section 9084.0306 to read as follows:
278	274		Sec. 9084.0306. NO EMINENT DOMAIN POWER. The district may
279	275		not exercise the power of eminent domain.
280	276		(c) This section is not intended to be an expression of a
281	277		legislative interpretation of the requirements of Section 17(c),
282	278		Article I, Texas Constitution.
283	279		SECTION 5. This Act takes effect immediately if it receives
284	280		a vote of two-thirds of all the members elected to each house, as
285	281		provided by Section 39, Article III, Texas Constitution. If this
286	282		Act does not receive the vote necessary for immediate effect, this
287	283		Act takes effect September 1, 2019.
288		-	* * * * *