Texas 2019 - 86th Regular

Texas Senate Bill SB2540 Compare Versions

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

Old	New	Differences
1	1	86R19617 AAF-F
2	2	By: Creighton S.B. No. 2540
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Chambers County Municipal Utility
8	8	District No. 3; 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 8042 to read as follows:
14	14	CHAPTER 8042. CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 3
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8042.0101. 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 Chambers County Municipal
22	22	Utility District No. 3.
23	23	Sec. 8042.0102. 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. 8042.0103. 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. 8042.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	8042.0103 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. 8042.0105. 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. 8042.0106. 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. 8042.0201. 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 8042.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 8042.0202. 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 8042.0103; 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 8042.0103 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 8042.0103; 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. 8042.0301. 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. 8042.0302. 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. 8042.0303. 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. 8042.0304. 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. 8042.0305. 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	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	126	Sec. 8042.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
127	127	The district may issue, without an election, bonds and other
128	128	obligations secured by:
129	129	(1) revenue other than ad valorem taxes; or
130	130	(2) contract payments described by Section 8042.0403.
131	131	(b) The district must hold an election in the manner
132	132	provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	133	before the district may impose an ad valorem tax or issue bonds
134	134	payable from ad valorem taxes.
135	135	(c) The district may not issue bonds payable from ad valorem
136	136	taxes to finance a road project unless the issuance is approved by a
137	137	vote of a two-thirds majority of the district voters voting at an
138	138	election held for that purpose.
139	139	Sec. 8042.0402. OPERATION AND MAINTENANCE TAX. (a) If
140	140	authorized at an election held under Section 8042.0401, the
141	141	district may impose an operation and maintenance tax on taxable
142	142	property in the district in accordance with Section 49.107, Water
143	143	Code.
144	144	(b) The board shall determine the tax rate. The rate may not
145	145	exceed the rate approved at the election.
146	146	Sec. 8042.0403. CONTRACT TAXES. (a) In accordance with
147	147	Section 49.108, Water Code, the district may impose a tax other than
148	148	an operation and maintenance tax and use the revenue derived from
149	149	the tax to make payments under a contract after the provisions of
150	150	the contract have been approved by a majority of the district voters
151	151	voting at an election held for that purpose.
152	152	(b) A contract approved by the district voters may contain a
153	153	provision stating that the contract may be modified or amended by
154	154	the board without further voter approval.
155	155	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
156	156	Sec. 8042.0501. AUTHORITY TO ISSUE BONDS AND OTHER
157	157	OBLIGATIONS. The district may issue bonds or other obligations
158	158	payable wholly or partly from ad valorem taxes, impact fees,
159	159	revenue, contract payments, grants, or other district money, or any
160	160	combination of those sources, to pay for any authorized district
161	161	purpose.
162	162	Sec. 8042.0502. TAXES FOR BONDS. At the time the district
163	163	issues bonds payable wholly or partly from ad valorem taxes, the
164	164	board shall provide for the annual imposition of a continuing
165	165	direct ad valorem tax, without limit as to rate or amount, while all
166	166	or part of the bonds are outstanding as required and in the manner
167	167	provided by Sections 54.601 and 54.602, Water Code.
168	168	Sec. 8042.0503. BONDS FOR ROAD PROJECTS. At the time of
169	169	issuance, the total principal amount of bonds or other obligations
170	170	issued or incurred to finance road projects and payable from ad
171	171	valorem taxes may not exceed one-fourth of the assessed value of the
172	172	real property in the district.
173	173	SECTION 2. The Chambers County Municipal Utility District
174	174	No. 3 initially includes all the territory contained in the
175	175	following area:
176	176	Description of a 187.1135 acre tract of land situated in the
177	177	Chambers County School Land Survey, Abstract 321, Chambers County,
178	178	Texas and being all of that certain 5.7270 acres described in Deed
179	179	for undivided interest from Gregory Angel, Trustee, to Montgomery
180	180	Jett Angel Trust dated October 30, 2018 and recorded under County
181	181	Clerk's File #2018-137473 of the Official Public Records of
182	182	Chambers County, Texas; all of the residue of that certain called
183	183	154.072 acres (Tract 3) conveyed by Chambers Grand Parkway
184	184	Development, Ltd. to Park Block, Ltd. by Correction Warranty Deed
185	185	dated November 16, 2009 and recorded in Volume 1161 at Page 209 of
186	186	the Official Public Records of Chambers County, Texas; all of that
187	187	certain called 41.7490 acres conveyed by Park Block, Ltd. to The
188	188	Noor Foundation by Correction Deed dated April 30, 2018 and
189	189	recorded under County Clerk's File #2018-131695 of the Official
190	190	Public Records of Chambers County, Texas; and all of that certain
191	191	27.497 acres conveyed by Mrs. Annie Pauline Miller to Harry W.
192	192	Freeman, Trustee, by Deed dated February 1, 1956 and recorded under
193	193	Volume 173 at Page 303 of the Deed Records of Chambers County, Texas
194	194	(now carried in the name of Family Interests, Ltd. on tax roll).
195	195	This 187.1135 acres is more particularly described by the following
196	196	metes and bounds, to-wit:
197	197	Beginning at a point in the South right-of-way line of
198	198	Interstate Highway No. 10 (300 feet wide right-of-way) for the
199	199	Northwest corner of that certain 40.323 acres described in Lis
200	200	Pendens dated June 6, 2005, styled State of Texas vs. Family
201	201	Interests, Ltd., recorded in Volume 781 at Page 367 of the Official
202	202	Public Records of Chambers County, Texas and the Northeast corner
203	203	of said 5.7270 acres. Said point being at the intersection of the
204	204	South right-of-way line of said Interstate Highway No. 10 with the
205	205	West right-of-way line of State Highway 99 (a/k/a East Grand
206	206	Parkway South) and being the Northernmost Northeast corner and
207	207	POINT OF BEGINNING of this tract. Said BEGINNING POINT has a State
208	208	Plane Coordinate Value of Y=13,870,267.98 and X=3,278,546.95.
209	209	Thence: South 02°31'30" East along the Northernmost East line
210	210	of this tract, the East line of said 5.7270 acres, the Northernmost
211	211	West line of said 40.323 acres and the West right-of-way line of
212	212	said State Highway 99 for a distance of 50.17 feet to a point for an
213	213	interior corner of this tract, an exterior corner of said 40.323
214	214	acres, an exterior corner of said State Highway 99 and the
215	215	Northernmost corner of said 154.072 acres. Said point being the
216	216	BEGINNING POINT of a curve to the right, concave Southerly.
217	217	Thence: Along and around said curve to the right, in an
218	218	Southeasterly direction, along the Southernmost East line of this
219	219	tract, the East line of said 154.072 acres, a West line of said
220	220	40.323 acres and the West right-of-way line of said State Highway
221	221	99, said curve having a radius of 1110.92 feet, a central angle of
222	222	28°44'53" and a chord bearing and distance of South 61°49'04" East
223	223	551.57 feet, for an arc length of 557.40 feet to a point for the
224	224	TERMINATION POINT of said curve.
225	225	Thence: South 27°18'35" East along the Southernmost East line
226	226	of this tract, the East line of said 154.072 acres, the Southernmost
227	227	West line of said 40.323 acres and the West right-of-way line of
228	228	said State Highway 99, for a distance of 2133.74 feet to a point for
229	229	the BEGINNING POINT of a curve to the right, concave Westerly.
230	230	Thence: Along and around said curve to the right, in a
231	231	Southerly direction, along the Southernmost East line of this
232	232	tract, the East line of said 154.072 acres, the East line of said
233	233	41.7490 acres, the Southernmost West line of said 40.323 acres and
234	234	the West right-of-way line of said State Highway 99, said curve
235	235	having a radius of 2664.77 feet, a central angle of 57°06'14", a
236	236	chord bearing and distance of South 01°14'09" West 2547.28 feet, for
237	237	an arc length of 2655.85 feet to a point in the South line of said
238	238	Chambers County School Land Survey and the North line of the Jacob
239	239	Townsend Survey, Abstract 25, Chambers County, Texas. Said point
240	240	being in the North line of that certain called 92.3102 acres
241	241	conveyed by Joseph Kilgore Heirs to Kilgore Business, LLC by Deed
242	242	dated June 30, 2016 and recorded in Volume 1663 at Page 649 of the
243	243	Official Public Records of Chambers County, Texas and being the
244	244	Southeast corner of this tract, the Southeast corner of said
245	245	41.7490 acres and the Southwest corner of said 40.323 acres.
246	246	Thence: South 87°32'17" West along the Easternmost South line
247	247	of this tract, the South line of said Chambers County School Land
248	248	Survey, the South line of said 41.7490 acres, the South line of said
249	249	154.072 acres, the North line of said 92.3102 acres and the North
250	250	line of said Townsend Survey for a distance of 945.19 feet to a
251	251	point for the Southernmost Southwest corner of this tract, the
252	252	Southwest corner of said 41.7490 acres, the Southernmost Southwest
253	253	corner of said 154.072 acres and the Southeast corner of that
254	254	certain called 32.10 acres conveyed by Gordon W. Speer to Speer
255	255	Properties, Inc. by Deed dated February 28, 2002 and recorded in
256	256	Volume 549 at Page 766 of the Official Public Records of Chambers
257	257	County, Texas.
258	258	Thence: North 02°27'43" West along the Southernmost West line
259	259	of this tract, the Southernmost West line of said 154.072 acres, the
260	260	West line of said 41.7490 acres and the East line of said 32.10
261	261	acres for a distance of 1478.65 feet to a point for an interior
262	262	corner of this tract, the Northwest corner of said 41.7490 acres and
263	263	the Northeast corner of said 32.10 acres.
264	264	Thence: South 87°32'17" West along the Westernmost South line
265	265	of this tract, the Westernmost South line of said 154.072 acres, the
266	266	North line of said 32.10 acres and the North line of that certain
267	267	called 1.9821 acres conveyed by Gordon W. Speer to Speer
268	268	Properties, Inc. by Deed dated February 28, 2002 and recorded in
269	269	Volume 549 at Page 769 of the Official Public Records of Chambers
270	270	County, Texas, for a distance of 1478.70 feet to a point for the
271	271	Westernmost Southwest corner of this tract, the Westernmost
272	272	Southwest corner of said 154.072 acres and the Northwest corner of
273	273	said 1.9821 acres.
274	274	Thence: North 02°27'43" West along the Westernmost West line
275	275	of this tract, the Westernmost West line of said 154.072 acres, and
276	276	the East line of that certain 4.391 acres conveyed by Leola Trichel,
277	277	et al, to Speer Properties, Inc. by Deed dated September 13, 1989
278	278	and recorded in Volume 89 at Page 126 of the Official Public Records
279	279	of Chambers County, Texas, for a distance of 1040.40 feet to a point
280	280	for the Southwest corner of said called 27.497 acres.
281	281	Thence: Continue North 02°27'43" West along the Westernmost
282	282	West line of this tract, the Westernmost West line of said 154.072
283	283	acres, the West line of said 27.497 acres, the East line of said
284	284	4.391 acres and the East line of that certain called 1.49 acres
285	285	conveyed by Mrs. Eleanore Collier, et al, to United Gas Pipe Line
286	286	Company by Deed dated December 24, 1954 and recorded in Volume 163
287	287	at Page 459 of the Deed Records of Chambers County, Texas, for a
288	288	distance of 1086.56 feet to a point for the Westernmost Northwest
289	289	corner of this tract, the Northwest corner of said 27.497 acres and
290	290	the Southwest corner of that certain called 20.98 acres conveyed by
291	291	Betty Stubbs McCune to Frank B. McCune in Cause #3127 of the Probate
292	292	Records of Chambers County, Texas.
293	293	Thence: North 87°37'17" East along the Westernmost North line
294	294	of this tract, the North line of said 27.497 acres and the South
295	295	line of said 20.98 acres for a distance of 1094.44 feet to a point
296	296	for the Northeast corner of said 27.497 acres and an exterior corner
297	297	of said 154.072 acres.
298	298	Thence: Continue North 87°37'17" East along the Westernmost
299	299	North line of this tract, the Westernmost North line of said 154.072
300	300	acres and the South line of said 20.98 acres for a distance of
301	301	123.63 feet to a point for an interior corner of this tract, an
302	302	interior corner of said 154.072 acres and the Southeast corner of
303	303	said 20.98 acres.
304	304	Thence: North 02°31'30" West along an interior West line of
305	305	this tract, the Northernmost West line of said 154.072 acres and the
306	306	East line of said 20.98 acres for a distance of 764.88 feet to a
307	307	point for an interior corner of this tract, the Northeast corner of
308	308	said 20.98 acres and the Southeast corner of the heretofore
309	309	mentioned 5.7270 acres.
310	310	Thence: South 87°31'35" West along an interior line of this
311	311	tract, the South line of said 5.7270 acres and the North line of
312	312	said 20.98 acres for a distance of 607.18 feet to a point for an
313	313	exterior corner of this tract, the Southwest corner of said 5.7270
314	314	acres and the Southeast corner of that certain 4.964 acres conveyed
315	315	by Michael L. Graham, et al, to Wowco Properties, LLC by Deed dated
316	316	August 18 and 19, 2016 and recorded in Volume 1677 at Page 404 of the
317	317	Official Public Records of Chambers County, Texas.
318	318	Thence: North 02°17'47" West along the Northernmost West line
319	319	of this tract, the West line of said 5.7270 acres and the East line
320	320	of said 4.964 acres for a distance of 383.93 feet to a point in the
321	321	South right-of-way line of said Interstate Highway No. 10 for the
322	322	Northernmost Northwest corner of this tract, the Northwest corner
323	323	of said 5.7270 acres and the Northeast corner of said 4.964 acres.
324	324	Thence: North 82°20'19" East along the Northernmost North
325	325	line of this tract, the North line of said 5.7270 acres and the
326	326	South right-of-way line of said Interstate Highway No. 10 for a
327	327	distance of 608.09 feet to the PLACE OF BEGINNING and containing
328	328	within these boundaries 187.1135 acres or 8,150,665 square feet of
329	329	land.
330	330	SECTION 3. (a) The legal notice of the intention to
331	331	introduce this Act, setting forth the general substance of this
332	332	Act, has been published as provided by law, and the notice and a
333	333	copy of this Act have been furnished to all persons, agencies,
334	334	officials, or entities to which they are required to be furnished
335	335	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
336	336	Government Code.
337	337	(b) The governor, one of the required recipients, has
338	338	submitted the notice and Act to the Texas Commission on
339	339	Environmental Quality.
340	340	(c) The Texas Commission on Environmental Quality has filed
341	341	its recommendations relating to this Act with the governor, the
342	342	lieutenant governor, and the speaker of the house of
343	343	representatives within the required time.
344	344	(d) All requirements of the constitution and laws of this
345	345	state and the rules and procedures of the legislature with respect
346	346	to the notice, introduction, and passage of this Act are fulfilled
347	347	and accomplished.
348	348	SECTION 4. (a) If this Act does not receive a two-thirds
349	349	vote of all the members elected to each house, Subchapter C, Chapter
350	350	8042, Special District Local Laws Code, as added by Section 1 of
351	351	this Act, is amended by adding Section 8042.0306 to read as follows:
352	352	Sec. 8042.0306. NO EMINENT DOMAIN POWER. The district may
353	353	not exercise the power of eminent domain.
354	354	(b) This section is not intended to be an expression of a
355	355	legislative interpretation of the requirements of Section 17(c),
356	356	Article I, Texas Constitution.
357	357	SECTION 5. This Act takes effect immediately if it receives
358	358	a vote of two-thirds of all the members elected to each house, as
359	359	provided by Section 39, Article III, Texas Constitution. If this
360	360	Act does not receive the vote necessary for immediate effect, this
361	361	Act takes effect September 1, 2019.