Texas 2019 - 86th Regular

Texas Senate Bill SB2519 Compare Versions

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

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1	1	86R10382 GRM-F
2	2	By: Kolkhorst S.B. No. 2519
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Orchard Municipal Utility District
8	8	No. 1; granting a limited power of eminent domain; providing
9	9	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 8079 to read as follows:
14	14	CHAPTER 8079. ORCHARD MUNICIPAL UTILITY DISTRICT NO. 1
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8079.0101. 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 Orchard Municipal Utility
22	22	District No. 1.
23	23	Sec. 8079.0102. 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. 8079.0103. CONFIRMATION AND DIRECTORS' 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. 8079.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	8079.0103 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. 8079.0105. 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. 8079.0106. 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. 8079.0201. 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 8079.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 8079.0202. TEMPORARY DIRECTORS. (a) On or after the
64	64	effective date of the Act enacting this chapter, the owner or owners
65	65	of a majority of the assessed value of the real property in the
66	66	district may submit a petition to the commission requesting that
67	67	the commission appoint as temporary directors the five persons
68	68	named in the petition. The commission shall appoint as temporary
69	69	directors the five persons named in the petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8079.0103; 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 8079.0103 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 8079.0103; 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. 8079.0301. 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. 8079.0302. 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. 8079.0303. 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. 8079.0304. 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. 8079.0305. 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. 8079.0306. 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 no outstanding bonded debt; 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	8079.0103 to confirm the district's creation.
143	143	(f) An order dividing the district must:
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 8079.0103.
158	158	(i) Municipal consent to the creation of the district and to
159	159	the inclusion of land in the district granted under Section
160	160	8079.0104 acts as municipal consent to the creation of any new
161	161	district created by the division of the district and to the
162	162	inclusion of land in the new district.
163	163	(j) Any new district created by the division of the district
164	164	must hold an election as required by this chapter to obtain voter
165	165	approval before the district may impose a maintenance tax or issue
166	166	bonds payable wholly or partly from ad valorem taxes.
167	167	(k) If the creation of the new district is confirmed, the
168	168	new district shall provide the election date and results to the
169	169	commission.
170	170	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
171	171	Sec. 8079.0401. 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 8079.0403.
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. 8079.0402. OPERATION AND MAINTENANCE TAX. (a) If
185	185	authorized at an election held under Section 8079.0401, 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. 8079.0403. 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. 8079.0501. 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. 8079.0502. 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. 8079.0503. 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 Orchard Municipal Utility District No. 1
219	219	initially includes all the territory contained in the following
220	220	area:
221	221	A Field Note Description of 1443 Acres of Land, more or less,
222	222	being in the Heirs of L. Burknapp Survey, Abstract 109; B.B.B. & C.
223	223	Railroad Company Survey No. 19, Abstract 135; German Emigration
224	224	Company Survey, Abstract 181; W.T. Lightfoot Survey, Abstract 282
225	225	and Yandell Ferris Survey, Abstract 376, Fort Bend County, Texas.
226	226	Beginning at a point in Long Lane marking the Southeast
227	227	corner of the Gail Borden League, Abstract 12; said point being in a
228	228	West line of this tract;
229	229	THENCE, North, 784 feet, more or less, along the East line of
230	230	said Gail Borden League, Abstract 12 and a West line of said L.
231	231	Burknapp Survey, Abstact 109 and the centerline of Long Lane to a
232	232	point marking the Northwest corner of this tract;
233	233	THENCE, East, 2403 feet, more or less, along the North line of
234	234	said Heirs of L. Burknapp Survey, Abstract 109 and the centerline of
235	235	Roper Road to a point for corner;
236	236	THENCE, South, 1212 feet, more or less, along the West line of
237	237	the said W.T. Lightfoot Survey, Abstract 282 to a point for corner;
238	238	THENCE, East, 3662 feet, more or less, along the South line of
239	239	five (5) parcels owned by others to a point in the East line of said
240	240	W.T. Lightfoot Survey, Abstract 282 for re-entrant corner;
241	241	THENCE, North, 1298 feet, more or less, to the Northwest
242	242	corner of the said German Emigration Company Survey, Abstract 181
243	243	for corner;
244	244	THENCE, East, 8340 feet, more or less, along the North line of
245	245	said German Emigration Company Survey, Abstract 181 and the North
246	246	line of the said B.B.B. & C. Railroad Company Survey No. 19,
247	247	Abstract 135 to the Northeast corner of said B.B.B. & C. Railroad
248	248	Company Survey No. 19, Abstract 135 and Southeast corner of the
249	249	Sarah Kennedy League, Abstract 45 and being in the West line of the
250	250	Nancy Spencer Survey, Abstract 88;
251	251	THENCE, South, along the East line of said B.B.B. & C.
252	252	Railroad Company Survey No. 19, Abstract 135 and the Yandell Ferris
253	253	Survey, Abstract 376 and being in the West line of the Nancy Spencer
254	254	League, Abstract 88, 4586 feet, more or less to a point for corner
255	255	in a Westerly City of Rosenberg 5280 foot Radius Extra-Territorial
256	256	Jurisdiction Line for corner;
257	257	THENCE, South 35deg.18' West, 1959 feet more or less, along
258	258	said City of Rosenberg 5280 foot Radius Extra-Territorial
259	259	Jurisdiction Line curve to the left, to a point in the Northeast
260	260	line of the G.C. & S.F. Railroad right-of-way for corner;
261	261	THENCE, North 70deg.24' West, 845 feet, more or less, along
262	262	said Northeast line of the G.C. & S.F. Railroad right-of-way to a
263	263	point for corner;
264	264	THENCE, South, crossing the G.C. & S.F. Railroad
265	265	right-of-way and State Highway No. 36 then along the East line of
266	266	the 85 Acre Lot 2, a total distance of 2426 feet, more or less, to
267	267	the Southeast corner of the Wade McNeill call 85 Acre Lot 2 of the
268	268	J.M. MOORE SUBDIVISION (Volume 109, Page 585; Deed Records);
269	269	THENCE, West, 1479 feet, more or less, to the Southwest
270	270	corner of said 85 Acre Tract;
271	271	THENCE, North, 2695 feet, more of less, to a point in the
272	272	Southwest line of State Highway No. 36 marking the Northwest corner
273	273	of said McNeill Tract;
274	274	THENCE, North 70deg.14' West, 3493 feet, more or less, along
275	275	said Southwest line of said State Highway No. 36 to a point in the
276	276	West line of said Yandell Ferris Survey and East line of the said
277	277	German Emigration Company Survey, Abstract 181 for corner;
278	278	THENCE, South, 978 feet, along the West line of said Yandell
279	279	Ferris Survey and East line of the German Emigration Company
280	280	Survey, Abstract 181 to the Northeast corner of the Heirs of L.
281	281	Burknapp Survey, Abstract 109 for corner;
282	282	THENCE, West, 1638 feet, more or less, along the South line of
283	283	said German Emigration Company Survey, Abstract 181 and a North
284	284	line of said Heirs of L. Burknapp Survey, Abstract 109 to a point in
285	285	the East line of said W.T. Lightfoot Survey, Abstract 283 for
286	286	corner;
287	287	THENCE, North, 1577 feet, more or less, along the West line of
288	288	the German Emigration Company Survey, Abstract 181 and East line of
289	289	said W.T. Lightfoot Survey, Abstract 283 to a point in the Southwest
290	290	line of the State Highway No. 36 for corner;
291	291	THENCE, North 70deg.17' West, 390 feet, more or less along
292	292	the North line of said W.T. Lightfoot Survey, Abstract 283 and South
293	293	line of the said W.T. Lightfoot Survey, Abstract 282 for corner;
294	294	THENCE, West, 3393 feet, along said North line of said W.T.
295	295	Lightfoot Survey, Abstract 283 and South line of the W.T. Lightfoot
296	296	Survey, Abstract 282 to the Southwest corner of said W.T. Lightfoot
297	297	Survey, Abstract 282;
298	298	THENCE, North, 564 feet, more or less, to angle point;
299	299	THENCE, North 8deg.26' East, 514.22 feet, more or less, to a
300	300	point in the Southwest line of said State Highway No. 36 for corner;
301	301	THENCE, North 70deg.08' West, 2524.26 feet, more or less,
302	302	along the Southwest line of said State Highway No. 36 to a point
303	303	marking the Southwest corner for this tract;
304	304	THENCE, North, crossing State Highway No. 36 and said G.C. &
305	305	S.F. Railroad right-of-way, then along the centerline of Long Lane
306	306	in all, 915 feet, more or less, to the place of beginning and
307	307	containing 1443 Acres of Land, more or less.
308	308	SECTION 3. (a) The legal notice of the intention to
309	309	introduce this Act, setting forth the general substance of this
310	310	Act, has been published as provided by law, and the notice and a
311	311	copy of this Act have been furnished to all persons, agencies,
312	312	officials, or entities to which they are required to be furnished
313	313	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
314	314	Government Code.
315	315	(b) The governor, one of the required recipients, has
316	316	submitted the notice and Act to the Texas Commission on
317	317	Environmental Quality.
318	318	(c) The Texas Commission on Environmental Quality has filed
319	319	its recommendations relating to this Act with the governor, the
320	320	lieutenant governor, and the speaker of the house of
321	321	representatives within the required time.
322	322	(d) All requirements of the constitution and laws of this
323	323	state and the rules and procedures of the legislature with respect
324	324	to the notice, introduction, and passage of this Act are fulfilled
325	325	and accomplished.
326	326	SECTION 4. (a) If this Act does not receive a two-thirds
327	327	vote of all the members elected to each house, Subchapter C, Chapter
328	328	8079, Special District Local Laws Code, as added by Section 1 of
329	329	this Act, is amended by adding Section 8079.0307 to read as follows:
330	330	Sec. 8079.0307. NO EMINENT DOMAIN POWER. The district may
331	331	not exercise the power of eminent domain.
332	332	(b) This section is not intended to be an expression of a
333	333	legislative interpretation of the requirements of Section 17(c),
334	334	Article I, Texas Constitution.
335	335	SECTION 5. This Act takes effect immediately if it receives
336	336	a vote of two-thirds of all the members elected to each house, as
337	337	provided by Section 39, Article III, Texas Constitution. If this
338	338	Act does not receive the vote necessary for immediate effect, this
339	339	Act takes effect September 1, 2019.