Texas 2019 - 86th Regular

Texas Senate Bill SB2538 Compare Versions

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1+86R19529 AAF-F
12 By: Taylor S.B. No. 2538
2- (In the Senate - Filed April 8, 2019; April 8, 2019, read
3- first time and referred to Committee on Intergovernmental
4- Relations; April 23, 2019, reported favorably by the following
5- vote: Yeas 5, Nays 0; April 23, 2019, sent to printer.)
6-Click here to see the committee vote
73
84
95 A BILL TO BE ENTITLED
106 AN ACT
117 relating to the creation of the Brazoria County Municipal Utility
128 District No. 77; granting a limited power of eminent domain;
139 providing authority to issue bonds; providing authority to impose
1410 assessments, fees, and taxes.
1511 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1612 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1713 Code, is amended by adding Chapter 8379 to read as follows:
1814 CHAPTER 8379. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 77
1915 SUBCHAPTER A. GENERAL PROVISIONS
2016 Sec. 8379.0101. DEFINITIONS. In this chapter:
2117 (1) "Board" means the district's board of directors.
2218 (2) "Commission" means the Texas Commission on
2319 Environmental Quality.
2420 (3) "Director" means a board member.
2521 (4) "District" means the Brazoria County Municipal
2622 Utility District No. 77.
2723 Sec. 8379.0102. NATURE OF DISTRICT. The district is a
2824 municipal utility district created under Section 59, Article XVI,
2925 Texas Constitution.
3026 Sec. 8379.0103. CONFIRMATION AND DIRECTOR ELECTION
3127 REQUIRED. The temporary directors shall hold an election to
3228 confirm the creation of the district and to elect five permanent
3329 directors as provided by Section 49.102, Water Code.
3430 Sec. 8379.0104. CONSENT OF MUNICIPALITY REQUIRED. The
3531 temporary directors may not hold an election under Section
3632 8379.0103 until each municipality in whose corporate limits or
3733 extraterritorial jurisdiction the district is located has
3834 consented by ordinance or resolution to the creation of the
3935 district and to the inclusion of land in the district.
4036 Sec. 8379.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
4137 (a) The district is created to serve a public purpose and benefit.
4238 (b) The district is created to accomplish the purposes of:
4339 (1) a municipal utility district as provided by
4440 general law and Section 59, Article XVI, Texas Constitution; and
4541 (2) Section 52, Article III, Texas Constitution, that
4642 relate to the construction, acquisition, improvement, operation,
4743 or maintenance of macadamized, graveled, or paved roads, or
4844 improvements, including storm drainage, in aid of those roads.
4945 Sec. 8379.0106. INITIAL DISTRICT TERRITORY. (a) The
5046 district is initially composed of the territory described by
5147 Section 2 of the Act enacting this chapter.
5248 (b) The boundaries and field notes contained in Section 2 of
5349 the Act enacting this chapter form a closure. A mistake made in the
5450 field notes or in copying the field notes in the legislative process
5551 does not affect the district's:
5652 (1) organization, existence, or validity;
5753 (2) right to issue any type of bond for the purposes
5854 for which the district is created or to pay the principal of and
5955 interest on a bond;
6056 (3) right to impose a tax; or
6157 (4) legality or operation.
6258 SUBCHAPTER B. BOARD OF DIRECTORS
63- Sec. 8379.0201. GOVERNING BODY; TERMS. (a) The district
64- is governed by a board of five elected directors.
59+ Sec. 8379.0201. GOVERNING BODY; TERMS. (a) The district is
60+ governed by a board of five elected directors.
6561 (b) Except as provided by Section 8379.0202, directors
6662 serve staggered four-year terms.
6763 Sec. 8379.0202. TEMPORARY DIRECTORS. (a) On or after the
6864 effective date of the Act enacting this chapter, the owner or owners
6965 of a majority of the assessed value of the real property in the
7066 district may submit a petition to the commission requesting that
7167 the commission appoint as temporary directors the five persons
7268 named in the petition. The commission shall appoint as temporary
7369 directors the five persons named in the petition.
7470 (b) Temporary directors serve until the earlier of:
7571 (1) the date permanent directors are elected under
7672 Section 8379.0103; or
7773 (2) the fourth anniversary of the effective date of
7874 the Act enacting this chapter.
7975 (c) If permanent directors have not been elected under
8076 Section 8379.0103 and the terms of the temporary directors have
8177 expired, successor temporary directors shall be appointed or
8278 reappointed as provided by Subsection (d) to serve terms that
8379 expire on the earlier of:
8480 (1) the date permanent directors are elected under
8581 Section 8379.0103; or
8682 (2) the fourth anniversary of the date of the
8783 appointment or reappointment.
8884 (d) If Subsection (c) applies, the owner or owners of a
8985 majority of the assessed value of the real property in the district
9086 may submit a petition to the commission requesting that the
9187 commission appoint as successor temporary directors the five
9288 persons named in the petition. The commission shall appoint as
9389 successor temporary directors the five persons named in the
9490 petition.
9591 SUBCHAPTER C. POWERS AND DUTIES
9692 Sec. 8379.0301. GENERAL POWERS AND DUTIES. The district
9793 has the powers and duties necessary to accomplish the purposes for
9894 which the district is created.
9995 Sec. 8379.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
10096 DUTIES. The district has the powers and duties provided by the
10197 general law of this state, including Chapters 49 and 54, Water Code,
10298 applicable to municipal utility districts created under Section 59,
10399 Article XVI, Texas Constitution.
104100 Sec. 8379.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
105101 52, Article III, Texas Constitution, the district may design,
106102 acquire, construct, finance, issue bonds for, improve, operate,
107103 maintain, and convey to this state, a county, or a municipality for
108104 operation and maintenance macadamized, graveled, or paved roads, or
109105 improvements, including storm drainage, in aid of those roads.
110106 Sec. 8379.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
111107 road project must meet all applicable construction standards,
112108 zoning and subdivision requirements, and regulations of each
113109 municipality in whose corporate limits or extraterritorial
114110 jurisdiction the road project is located.
115111 (b) If a road project is not located in the corporate limits
116112 or extraterritorial jurisdiction of a municipality, the road
117113 project must meet all applicable construction standards,
118114 subdivision requirements, and regulations of each county in which
119115 the road project is located.
120116 (c) If the state will maintain and operate the road, the
121117 Texas Transportation Commission must approve the plans and
122118 specifications of the road project.
123119 Sec. 8379.0305. COMPLIANCE WITH MUNICIPAL CONSENT
124120 ORDINANCE OR RESOLUTION. The district shall comply with all
125121 applicable requirements of any ordinance or resolution that is
126122 adopted under Section 54.016 or 54.0165, Water Code, and that
127123 consents to the creation of the district or to the inclusion of land
128124 in the district.
129- Sec. 8379.0306. DIVISION OF DISTRICT. (a) The district
130- may be divided into two or more new districts only if the district:
125+ Sec. 8379.0306. DIVISION OF DISTRICT. (a) The district may
126+ be divided into two or more new districts only if the district:
131127 (1) has never issued any bonds; and
132128 (2) is not imposing ad valorem taxes.
133129 (b) This chapter applies to any new district created by the
134130 division of the district, and a new district has all the powers and
135131 duties of the district.
136132 (c) A new district created by the division of the district
137133 may not, at the time the new district is created, contain any land
138134 outside the area described by Section 2 of the Act enacting this
139135 chapter.
140136 (d) The board, on its own motion or on receipt of a petition
141137 signed by the owner or owners of a majority of the assessed value of
142138 the real property in the district, may adopt an order dividing the
143139 district.
144140 (e) The board may adopt an order dividing the district
145141 before or after the date the board holds an election under Section
146142 8379.0103 to confirm the district's creation.
147143 (f) An order dividing the district shall:
148144 (1) name each new district;
149145 (2) include the metes and bounds description of the
150146 territory of each new district;
151147 (3) appoint temporary directors for each new district;
152148 and
153149 (4) provide for the division of assets and liabilities
154150 between or among the new districts.
155151 (g) On or before the 30th day after the date of adoption of
156152 an order dividing the district, the district shall file the order
157153 with the commission and record the order in the real property
158154 records of each county in which the district is located.
159155 (h) A new district created by the division of the district
160156 shall hold a confirmation and directors' election as required by
161157 Section 8379.0103.
162158 (i) If the creation of the new district is confirmed, the
163159 new district shall provide the election date and results to the
164160 commission.
165161 (j) Any new district created by the division of the district
166162 must hold an election as required by this chapter to obtain voter
167163 approval before the district may impose a maintenance tax or issue
168164 bonds payable wholly or partly from ad valorem taxes.
169165 (k) Municipal consent to the creation of the district and to
170166 the inclusion of land in the district granted under Section
171167 8379.0104 acts as municipal consent to the creation of any new
172168 district created by the division of the district and to the
173169 inclusion of land in the new district.
174170 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
175- Sec. 8379.0401. ELECTIONS REGARDING TAXES OR BONDS.
176- (a) The district may issue, without an election, bonds and other
171+ Sec. 8379.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
172+ The district may issue, without an election, bonds and other
177173 obligations secured by:
178174 (1) revenue other than ad valorem taxes; or
179175 (2) contract payments described by Section 8379.0403.
180176 (b) The district must hold an election in the manner
181177 provided by Chapters 49 and 54, Water Code, to obtain voter approval
182178 before the district may impose an ad valorem tax or issue bonds
183179 payable from ad valorem taxes.
184180 (c) The district may not issue bonds payable from ad valorem
185181 taxes to finance a road project unless the issuance is approved by a
186182 vote of a two-thirds majority of the district voters voting at an
187183 election held for that purpose.
188184 Sec. 8379.0402. OPERATION AND MAINTENANCE TAX. (a) If
189185 authorized at an election held under Section 8379.0401, the
190186 district may impose an operation and maintenance tax on taxable
191187 property in the district in accordance with Section 49.107, Water
192188 Code.
193189 (b) The board shall determine the tax rate. The rate may not
194190 exceed the rate approved at the election.
195191 Sec. 8379.0403. CONTRACT TAXES. (a) In accordance with
196192 Section 49.108, Water Code, the district may impose a tax other than
197193 an operation and maintenance tax and use the revenue derived from
198194 the tax to make payments under a contract after the provisions of
199195 the contract have been approved by a majority of the district voters
200196 voting at an election held for that purpose.
201197 (b) A contract approved by the district voters may contain a
202198 provision stating that the contract may be modified or amended by
203199 the board without further voter approval.
204200 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
205201 Sec. 8379.0501. AUTHORITY TO ISSUE BONDS AND OTHER
206202 OBLIGATIONS. The district may issue bonds or other obligations
207203 payable wholly or partly from ad valorem taxes, impact fees,
208204 revenue, contract payments, grants, or other district money, or any
209205 combination of those sources, to pay for any authorized district
210206 purpose.
211207 Sec. 8379.0502. TAXES FOR BONDS. At the time the district
212208 issues bonds payable wholly or partly from ad valorem taxes, the
213209 board shall provide for the annual imposition of a continuing
214210 direct ad valorem tax, without limit as to rate or amount, while all
215211 or part of the bonds are outstanding as required and in the manner
216212 provided by Sections 54.601 and 54.602, Water Code.
217213 Sec. 8379.0503. BONDS FOR ROAD PROJECTS. At the time of
218214 issuance, the total principal amount of bonds or other obligations
219215 issued or incurred to finance road projects and payable from ad
220216 valorem taxes may not exceed one-fourth of the assessed value of the
221217 real property in the district.
222218 SECTION 2. The Brazoria County Municipal Utility District
223219 No. 77 initially includes all the territory contained in the
224220 following area:
225221 BEING A 705.269 ACRE TRACT OF LAND OUT OF THE CHESTER GORBET
226222 SURVEY, ABSTRACT NO. 64, THE H.T. & B. RR., SECTION 5, ABSTRACT NO.
227223 235 AND THE H.T. & B. RR., SECTION 43, ABSTRACT 256, BRAZORIA
228224 COUNTY, TEXAS; SAID 705.269 ACRE TRACT OF LAND BEING OUT OF AND A
229225 PART OF A TRACT OF LAND CONVEYED TO AA SHARP INVESTMENTS, LTD., AS
230226 DESCRIBED IN DEED RECORDED UNDER COUNTY CLERK'S FILE NO. 2007068904
231227 OF THE OFFICIAL PUBLIC RECORDS OF BRAZORIA COUNTY, TEXAS, SAID
232228 705.269 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
233229 METES AND BOUNDS IN FOUR TRACTS OF LAND AS FOLLOWS:
234230 TRACT 1:
235231 BEGINNING at the southern "cut back" corner of State Highway
236232 288 west right-of-way line and the north right-of-way line of
237233 County Road 60;
238234 THENCE, South 87°06'10" West, 150.29 feet along the north line
239235 of said County Road 60 to an interior corner of the herein described
240236 tract;
241237 THENCE, South 02°53'50" East, 60.00 feet to the centerline of
242238 said County Road 60 for a point of corner;
243239 THENCE, in a westerly direction along the south line of the
244240 herein tract as follow:
245241 THENCE, South 87°23'21" West, 3589.69 feet along the
246242 centerline of said County Road 60 to the centerline of County Road
247243 48 for a point for corner;
248244 THENCE, South 02°30'30" East, 1045.03 feet along the
249245 centerline of said County Road 48 to an angle point for corner;
250246 THENCE, South 87°23'00" West, 3786.31 feet to the Southwest
251247 corner of the herein described tract;
252248 THENCE, in a northerly direction along the west line of the
253249 herein tract as follow:
254250 THENCE, North 02°48'42" West, 1309.92 feet to an interior
255251 corner;
256252 THENCE, South 87°04'08" West, 484.20 feet to an angle point
257253 for corner;
258254 THENCE, North 03°21'02" West, 1884.72 feet to the Northwest
259255 corner of the herein described tract;
260256 THENCE, in an easterly direction along the north line of the
261257 herein tract as follow:
262258 THENCE, North 87°22'55" East, 2011.99 feet to an angle point
263259 for corner;
264260 THENCE, South 02°37'05" East, 1078.95 feet to an interior
265261 corner;
266262 THENCE, North 87°22'55" East, 2051.99 feet to the centerline
267263 of said County Road 48 for a point for corner;
268264 THENCE, North 15°20'43" West, 1106.13 feet along the
269265 centerline of said County Road 48 to an angle point for corner;
270266 THENCE, North 87°22'55" East, 5022.48 feet to the Northeast
271267 corner of the herein described tract and being in the west
272268 right-of-way line of said State Highway 288 to a point for corner;
273269 THENCE, in a southeasterly direction along the west line of
274270 said State Highway 288 as follows:
275271 THENCE, South 02°37'30" East, 313.81 feet to a point for
276272 corner;
277273 THENCE, South 01°22'30" West, 548.62 feet to the beginning of
278274 a curve to the right;
279275 THENCE, along the arc of said curve to the right, having a
280276 chord of South 24°37'30" West, 822.44 feet, a radius of 1041.74
281277 feet, and a central angle of 46°30'00", a distance of 845.45 feet to
282278 a point for corner;
283279 THENCE, South 47°52'30" West, 220.75 feet to the beginning of
284280 a curve to the left;
285281 THENCE, along the arc of said curve to the left, having a
286282 chord of South 25°48'15" West, 345.34 feet, a radius of 485.37 feet,
287283 and a central angle of 41°40'43", a distance of 353.07 feet to a "cut
288284 back" corner;
289285 THENCE, South 43°48'16" West, 72.77 feet to the PLACE OF
290286 BEGINNING; containing 463.725 acres of land, more or less.
291287 TRACT 2:
292288 BEGINNING at the southeast corner of the herein described
293289 tract and being on the south line of said Chester Gorbet Survey and
294290 the west right-of-way line of State Highway 288;
295291 THENCE, South 87°22'55" West, 331.99 feet along the south line
296292 of said Gorbet Survey to the Southwest corner of the herein
297293 described tract;
298294 THENCE, North 02°37'05" West, 1465.62 feet along the west line
299295 of this tract to the Northwest corner of the herein described tract
300296 and being the beginning of a non-tangent curve to the right, said
301297 point being in the west line of said State Highway 288;
302298 THENCE, in a southeasterly direction along the west line of
303299 said State Highway 288 as follow:
304300 THENCE, along the arc of said curve to the right, having a
305301 chord of South 33°01'25" East, 272.09 feet, a radius of 1273.24
306302 feet, and a central angle of 12°16'03", a distance of 272.61 feet to
307303 a point for corner;
308304 THENCE, North 63°06'36" East, 120.51 feet to the beginning of
309305 a non-tangent curve to the right;
310306 THENCE, along the arc of said curve to the right, having a
311307 chord of South 13°57'24" East, 428.87 feet, a radius of 1091.35
312308 feet, and a central angle of 22°39'47", a distance of 431.68 feet to
313309 a point for corner;
314310 THENCE, South 02°37'30" East, 859.99 feet to the PLACE OF
315311 BEGINNING; containing 9.672 acres of land, more or less.
316312 TRACT 3:
317313 BEGINNING at the northern "cut back" corner of State Highway
318314 288 east right-of-way line and the south right-of-way line of
319315 County Road 60;
320316 THENCE, North 87°06'10" East, 217.49 feet along the south
321317 right-of-way line of said County Road 60 to the Northeast corner of
322318 the herein described tract;
323319 THENCE, South 02°37'05" East, 2087.18 feet along the east line
324320 to the Southeast corner of the herein described tract;
325321 THENCE, South 87°22'55" West, 1019.22 feet along the south
326322 line to the Southwest corner of the herein described tract; said
327323 point being in the east right-of-way line of said State Highway 288;
328324 THENCE, in a northerly direction along the east line of said
329325 State Highway 288 as follow:
330326 THENCE, North 02°37'35" West, 313.22 feet to an angle point
331327 for corner;
332328 THENCE, North 01°22'30" East, 548.47 feet to the beginning of
333329 a curve to the right;
334330 THENCE, along the arc of said curve to the right, having a
335331 chord of North 24°37'30" East, 822.72, a radius of 1041.74 feet, and
336332 a central angle of 46°31'00", a distance of 845.76 feet to a point
337333 for corner;
338334 THENCE, North 47°52'30" East, 220.52 feet to the beginning of
339335 a curve to the left;
340336 THENCE, along the arc of said curve to the left, having a
341337 chord of North 25°45'18" East, 345.34, a radius of 458.37 feet, and a
342338 central angle of 44°15'34", a distance of 354.08 feet to a point for
343339 corner;
344340 THENCE, North 43°48'11" East, 72.77 feet to the PLACE OF
345341 BEGINNING; containing 38.512 acres of land, more or less.
346342 TRACT 4:
347343 BEGINNING at the southern "cut back" corner of State Highway
348344 288 east right-of-way line and the north right-of-way line of
349345 County Road 60;
350346 THENCE, in a northeasterly direction along the east line of
351347 said State Highway 288 as follow:
352348 THENCE, North 49°19'36" West, 78.78 feet to the beginning of a
353349 non-tangent curve to the left;
354350 THENCE, along the arc of said curve to the left, having a
355351 chord of North 31°22'42" West, 339.80, a radius of 458.37 feet, and a
356352 central angle of 43°30'46", a distance of 348.11 feet to a point for
357353 corner;
358354 THENCE, North 53°07'30" West, 54.27 feet to the beginning of a
359355 curve to the right;
360356 THENCE, along the arc of said curve to the right, having a
361357 chord of North 32°52'30" West, 881.38, a radius of 1273.24 feet, and
362358 a central angle of 40°30'00", a distance of 900.00 feet to a point
363359 for corner;
364360 THENCE, North 12°37'30" West, 571.47 feet to a point for
365361 corner;
366362 THENCE, North 02°37'30" West, 364.45 feet to the Northwest
367363 corner of the herein described tract;
368364 THENCE, in an easterly direction along the north line of the
369365 herein tract as follow:
370366 THENCE, North 87°22'55" West, 1025.00 feet to an interior
371367 corner;
372368 THENCE, North 02°37'05" West, 438.06 feet to an angle point
373369 for corner;
374370 THENCE, North 87°22'55" East, 534.76 feet to an angle point
375371 for corner;
376372 THENCE, South 02°37'05" East, 23.06 feet to an interior
377373 corner;
378374 THENCE, North 87°22'55" East, 1853.42 feet to an exterior
379375 corner;
380376 THENCE, South 02°37'05" East, 893.97 feet to an interior
381377 corner;
382378 THENCE, North 87°07'26" East, 2710.71 feet to an exterior
383379 corner;
384380 THENCE, South 02°52'34" East, 1692.20 feet to the Southeast
385381 corner of the herein described tract and being in the centerline of
386382 said County Road 60 for a point for corner;
387383 THENCE, in a westerly direction along the south line of the
388384 herein tract as follow:
389385 THENCE, South 87°10'14" West, 923.16 feet along the
390386 centerline of said County Road 60 to an angle point for corner;
391387 THENCE, North 02°52'34" West, 947.37 feet along the
392388 centerline of County Road 65 to an angle point for corner;
393389 THENCE, South 87°22'55" West, 4180.39 feet to an interior
394390 corner;
395391 THENCE, South 02°37'05" East, 858.91 feet to the north line of
396392 said County Road 60;
397393 THENCE, South 87°06'10" West, 217.50 feet to the POINT OF
398394 BEGINNING and containing 193.360 acres of land; more or less, for a
399395 TOTAL ACREAGE of 705.269 ACRES.
400396 SECTION 3. (a) The legal notice of the intention to
401397 introduce this Act, setting forth the general substance of this
402398 Act, has been published as provided by law, and the notice and a
403399 copy of this Act have been furnished to all persons, agencies,
404400 officials, or entities to which they are required to be furnished
405401 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
406402 Government Code.
407403 (b) The governor, one of the required recipients, has
408404 submitted the notice and Act to the Texas Commission on
409405 Environmental Quality.
410406 (c) The Texas Commission on Environmental Quality has filed
411407 its recommendations relating to this Act with the governor, the
412408 lieutenant governor, and the speaker of the house of
413409 representatives within the required time.
414410 (d) All requirements of the constitution and laws of this
415411 state and the rules and procedures of the legislature with respect
416412 to the notice, introduction, and passage of this Act are fulfilled
417413 and accomplished.
418414 SECTION 4. (a) If this Act does not receive a two-thirds
419415 vote of all the members elected to each house, Subchapter C, Chapter
420416 8379, Special District Local Laws Code, as added by Section 1 of
421417 this Act, is amended by adding Section 8379.0307 to read as follows:
422418 Sec. 8379.0307. NO EMINENT DOMAIN POWER. The district may
423419 not exercise the power of eminent domain.
424420 (b) This section is not intended to be an expression of a
425421 legislative interpretation of the requirements of Section 17(c),
426422 Article I, Texas Constitution.
427423 SECTION 5. This Act takes effect immediately if it receives
428424 a vote of two-thirds of all the members elected to each house, as
429425 provided by Section 39, Article III, Texas Constitution. If this
430426 Act does not receive the vote necessary for immediate effect, this
431427 Act takes effect September 1, 2019.
432- * * * * *