Texas 2019 - 86th Regular

Texas Senate Bill SB2549 Compare Versions

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

Old	New	Differences
1	1	86R23075 AAF-F
2	2	By: Fallon S.B. No. 2549
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Grayson 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 8009 to read as follows:
14	14	CHAPTER 8009. GRAYSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 3
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8009.0101. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "City" means the city of Gunter, Texas.
19	19	(3) "Commission" means the Texas Commission on
20	20	Environmental Quality.
21	21	(4) "Director" means a board member.
22	22	(5) "District" means the Grayson County Municipal
23	23	Utility District No. 3.
24	24	Sec. 8009.0102. NATURE OF DISTRICT. The district is a
25	25	municipal utility district created under Section 59, Article XVI,
26	26	Texas Constitution.
27	27	Sec. 8009.0103. CONFIRMATION AND DIRECTOR ELECTION
28	28	REQUIRED. The temporary directors shall hold an election to
29	29	confirm the creation of the district and to elect five permanent
30	30	directors as provided by Section 49.102, Water Code.
31	31	Sec. 8009.0104. CONSENT OF MUNICIPALITY REQUIRED. The
32	32	temporary directors may not hold an election under Section
33	33	8009.0103 until each municipality in whose corporate limits or
34	34	extraterritorial jurisdiction the district is located has
35	35	consented by ordinance or resolution to the creation of the
36	36	district and to the inclusion of land in the district.
37	37	Sec. 8009.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
38	38	(a) The district is created to serve a public purpose and benefit.
39	39	(b) The district is created to accomplish the purposes of:
40	40	(1) a municipal utility district as provided by
41	41	general law and Section 59, Article XVI, Texas Constitution; and
42	42	(2) Section 52, Article III, Texas Constitution, that
43	43	relate to the construction, acquisition, improvement, operation,
44	44	or maintenance of macadamized, graveled, or paved roads, or
45	45	improvements, including storm drainage, in aid of those roads.
46	46	Sec. 8009.0106. INITIAL DISTRICT TERRITORY. (a) The
47	47	district is initially composed of the territory described by
48	48	Section 2 of the Act enacting this chapter.
49	49	(b) The boundaries and field notes contained in Section 2 of
50	50	the Act enacting this chapter form a closure. A mistake made in the
51	51	field notes or in copying the field notes in the legislative process
52	52	does not affect the district's:
53	53	(1) organization, existence, or validity;
54	54	(2) right to issue any type of bond for the purposes
55	55	for which the district is created or to pay the principal of and
56	56	interest on a bond;
57	57	(3) right to impose a tax; or
58	58	(4) legality or operation.
59	59	SUBCHAPTER B. BOARD OF DIRECTORS
60	60	Sec. 8009.0201. GOVERNING BODY; TERMS. (a) The district is
61	61	governed by a board of five elected directors.
62	62	(b) Except as provided by Section 8009.0202, directors
63	63	serve staggered four-year terms.
64	64	Sec. 8009.0202. TEMPORARY DIRECTORS. (a) On or after
65	65	September 1, 2019, the owner or owners of a majority of the assessed
66	66	value of the real property in the district may submit a petition to
67	67	the commission requesting that the commission appoint as temporary
68	68	directors the five persons named in the petition. The commission
69	69	shall appoint as temporary directors the five persons named in the
70	70	petition.
71	71	(b) Temporary directors serve until the earlier of:
72	72	(1) the date permanent directors are elected under
73	73	Section 8009.0103; or
74	74	(2) September 1, 2023.
75	75	(c) If permanent directors have not been elected under
76	76	Section 8009.0103 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 8009.0103; 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. 8009.0301. 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. 8009.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. (a) 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	(b) Notwithstanding Subsection (a), the district may not
101	101	act as a retail provider of water or wastewater service.
102	102	(c) The district shall make the district's water and
103	103	wastewater facilities available to an entity holding the applicable
104	104	certificate of public convenience and necessity.
105	105	Sec. 8009.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
106	106	52, Article III, Texas Constitution, the district may design,
107	107	acquire, construct, finance, issue bonds for, improve, operate,
108	108	maintain, and convey to this state, a county, or a municipality for
109	109	operation and maintenance macadamized, graveled, or paved roads, or
110	110	improvements, including storm drainage, in aid of those roads.
111	111	Sec. 8009.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
112	112	road project must meet all applicable construction standards,
113	113	zoning and subdivision requirements, and regulations of each
114	114	municipality in whose corporate limits or extraterritorial
115	115	jurisdiction the road project is located.
116	116	(b) If a road project is not located in the corporate limits
117	117	or extraterritorial jurisdiction of a municipality, the road
118	118	project must meet all applicable construction standards,
119	119	subdivision requirements, and regulations of each county in which
120	120	the road project is located.
121	121	(c) If the state will maintain and operate the road, the
122	122	Texas Transportation Commission must approve the plans and
123	123	specifications of the road project.
124	124	Sec. 8009.0305. MAINTENANCE OF ROADS IN TERRITORY OUTSIDE
125	125	CORPORATE LIMITS OF CITY. If district territory, or a portion of
126	126	district territory, is located outside the corporate limits of the
127	127	city, the district shall maintain any road the district constructs
128	128	located in that territory.
129	129	Sec. 8009.0306. COMPLIANCE WITH MUNICIPAL CONSENT
130	130	ORDINANCE OR RESOLUTION. The district shall comply with all
131	131	applicable requirements of any ordinance or resolution that is
132	132	adopted under Section 54.016 or 54.0165, Water Code, and that
133	133	consents to the creation of the district or to the inclusion of land
134	134	in the district.
135	135	Sec. 8009.0307. DIVISION OF DISTRICT. (a) The district may
136	136	be divided into two or more new districts only if the district:
137	137	(1) has no outstanding bonded debt; and
138	138	(2) is not imposing ad valorem taxes.
139	139	(b) This chapter applies to any new district created by the
140	140	division of the district, and a new district has all the powers and
141	141	duties of the district.
142	142	(c) Any new district created by the division of the district
143	143	may not, at the time the new district is created, contain any land
144	144	outside the area described by Section 2 of the Act enacting this
145	145	chapter.
146	146	(d) The board, on its own motion or on receipt of a petition
147	147	signed by the owner or owners of a majority of the assessed value of
148	148	the real property in the district, may adopt an order dividing the
149	149	district.
150	150	(e) The board may adopt an order dividing the district
151	151	before or after the date the board holds an election under Section
152	152	8009.0103 to confirm the district's creation.
153	153	(f) An order dividing the district shall:
154	154	(1) name each new district;
155	155	(2) include the metes and bounds description of the
156	156	territory of each new district;
157	157	(3) appoint temporary directors for each new district;
158	158	and
159	159	(4) provide for the division of assets and liabilities
160	160	between or among the new districts.
161	161	(g) On or before the 30th day after the date of adoption of
162	162	an order dividing the district, the district shall file the order
163	163	with the commission and record the order in the real property
164	164	records of each county in which the district is located.
165	165	(h) Any new district created by the division of the district
166	166	shall hold a confirmation and directors' election as required by
167	167	Section 8009.0103. If the voters of a new district do not confirm
168	168	the creation of the new district, the assets, obligations,
169	169	territory, and governance of the new district revert to the
170	170	original district.
171	171	(i) Municipal consent to the creation of the district and to
172	172	the inclusion of land in the district granted under Section
173	173	8009.0104 acts as municipal consent to the creation of any new
174	174	district created by the division of the district and to the
175	175	inclusion of land in the new district.
176	176	(j) Any new district created by the division of the district
177	177	must hold an election as required by this chapter to obtain voter
178	178	approval before the district may impose a maintenance tax or issue
179	179	bonds payable wholly or partly from ad valorem taxes.
180	180	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
181	181	Sec. 8009.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
182	182	The district may issue, without an election, bonds and other
183	183	obligations secured by:
184	184	(1) revenue other than ad valorem taxes; or
185	185	(2) contract payments described by Section 8009.0403.
186	186	(b) The district must hold an election in the manner
187	187	provided by Chapters 49 and 54, Water Code, to obtain voter approval
188	188	before the district may impose an ad valorem tax or issue bonds
189	189	payable from ad valorem taxes.
190	190	(c) The district may not issue bonds payable from ad valorem
191	191	taxes to finance a road project unless the issuance is approved by a
192	192	vote of a two-thirds majority of the district voters voting at an
193	193	election held for that purpose.
194	194	Sec. 8009.0402. OPERATION AND MAINTENANCE TAX. (a) If
195	195	authorized at an election held under Section 8009.0401, the
196	196	district may impose an operation and maintenance tax on taxable
197	197	property in the district in accordance with Section 49.107, Water
198	198	Code.
199	199	(b) The board shall determine the tax rate. The rate may not
200	200	exceed the rate approved at the election.
201	201	Sec. 8009.0403. CONTRACT TAXES. (a) In accordance with
202	202	Section 49.108, Water Code, the district may impose a tax other than
203	203	an operation and maintenance tax and use the revenue derived from
204	204	the tax to make payments under a contract after the provisions of
205	205	the contract have been approved by a majority of the district voters
206	206	voting at an election held for that purpose.
207	207	(b) A contract approved by the district voters may contain a
208	208	provision stating that the contract may be modified or amended by
209	209	the board without further voter approval.
210	210	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
211	211	Sec. 8009.0501. AUTHORITY TO ISSUE BONDS AND OTHER
212	212	OBLIGATIONS. The district may issue bonds or other obligations
213	213	payable wholly or partly from ad valorem taxes, impact fees,
214	214	revenue, contract payments, grants, or other district money, or any
215	215	combination of those sources, to pay for any authorized district
216	216	purpose.
217	217	Sec. 8009.0502. TAXES FOR BONDS. At the time the district
218	218	issues bonds payable wholly or partly from ad valorem taxes, the
219	219	board shall provide for the annual imposition of a continuing
220	220	direct ad valorem tax, without limit as to rate or amount, while all
221	221	or part of the bonds are outstanding as required and in the manner
222	222	provided by Sections 54.601 and 54.602, Water Code.
223	223	Sec. 8009.0503. BONDS FOR ROAD PROJECTS. At the time of
224	224	issuance, the total principal amount of bonds or other obligations
225	225	issued or incurred to finance road projects and payable from ad
226	226	valorem taxes may not exceed one-fourth of the assessed value of the
227	227	real property in the district.
228	228	SECTION 2. The Grayson County Municipal Utility District
229	229	No. 3 initially includes all the territory contained in the
230	230	following area:
231	231	All that certain tract or parcel of land situated in the Sarah Cross
232	232	Survey, Abstract Number 210, County of Grayson, State of Texas,
233	233	said tract being all of a called 578.517 acre tract as described in
234	234	Deed to Evans Family Partnership LTD, filed 23 March 2005, and
235	235	Recorded in Volume 3835 Page 465 of the Deed Records of the County
236	236	of Grayson, State of Texas, and being more fully described as
237	237	follows:
238	238	Beginning for the southwest corner of the tract being described
239	239	herein at a Wood Cross-Tie fence corner Post, said post being the
240	240	southwest corner of said Evans tract, and the southeast corner of a
241	241	tract as described in Deed to William H. Ledbetter, filed 11
242	242	December 1978, and Recorded in Volume 1456 Page 570 of said Deed
243	243	Records, and on the north Right-of-Way line of Farm-to-Market Road
244	244	Number 121 as described in deed to The State of Texas, filed 20
245	245	January 1951, and Recorded in Volume 638 Page 284 of said Deed
246	246	Records;
247	247	Thence: North 02 degrees 27 minutes 06 seconds East, with the west
248	248	line of said Evans tract, and the east line of said Ledbetter tract,
249	249	and passing at 1659.63 feet a Wood Cross-Tie fence corner post being
250	250	the northeast corner of said Ledbetter tract and the southwest
251	251	corner of a tract as described in deed to Donald Ray Martinek,
252	252	Trustee, and passing at 3757.23 feet a Wood Cross-Tie fence corner
253	253	post on the south side of Airport Road, and continuing on said
254	254	course for a total distance of 3784. 73 feet (3778.50) to a set
255	255	survey mark Nail in the center line of said Airport Road;
256	256	Thence: South 87 degrees 34 minutes 18 seconds East, with the north
257	257	line of said Evans tract, and in Airport Road, a distance of 6705.82
258	258	feel (6690.80) to a set survey mark nail for the northeast corner of
259	259	said Evan tract and at the intersection of said Airport Road and
260	260	Bodovsky Road, said nail also being on the east line of the Sarah
261	261	Cross Survey, and the west line of the Stephen Prather Survey,
262	262	Abstract Number 931;
263	263	Thence: South 02 degrees 20 minutes 52 seconds West, with the east
264	264	line of said Evans tract, and in Bodovsky Road, a distance of 799.69
265	265	feet to a found PK Nail for the southwest corner of said Prather
266	266	Survey and the northwest corner of the Benjamin S. Nounnan Survey
267	267	Abstract Number 903, and at a intersection of said Airport Road and
268	268	Bodovsky Road;
269	269	Thence: South 02 degrees 29 minutes 56 seconds West, with the east
270	270	line of said Evans tract, and in Bodovsky Road, a distance of
271	271	2981.56 feet to a found 3/4 inch Steel Rod for the southeast corner
272	272	of said Evan tract and at a turn in Bodovsky Road and on the north
273	273	line of a tract as described in Deed to GIC Hedges, filed 27 July
274	274	2006, and Recorded in Volume 4093 Page 207 of said Deed Records;
275	275	Thence: North 87 degrees 58 minutes 12 seconds West, with the south
276	276	line of said Evans tract, and in Bodovsky Road, a distance of
277	277	1160.49 feet to a found survey mark nail for the northwest corner of
278	278	a said Hedges tract, and the northeast corner of a tract as
279	279	described in Deed to Clifton G. Goodrum, filed 16 June 2006, and
280	280	Recorded in Volume 3010 Page 268 of said Deed Records, and at the
281	281	intersection of Bodovsky Road and Liberty Love Lane;
282	282	Thence: North 87 degrees 38 minutes 09 seconds, West, with the south
283	283	line of said Evans tract, and the north line of said Goodrum tract,
284	284	and in Bodovsky Road, a distance of 638.12 feet to a set survey mark
285	285	nail for the northwest corner of said Goodrum tract and on the east
286	286	Right-of-Way line of Farm-to-Market Road Number 121;
287	287	Thence: With the south line of said Evans tract, and along the north
288	288	ROW line of said FM 121, the following 8 (eight) calls;
289	289	1. North 04 degrees 11 minutes 10 seconds East, a distance
290	290	of 25.00 feet to a found State of Texas Concrete Right-of-Way
291	291	Monument;
292	292	2. North 87 degrees 38 minutes 07 seconds West, a distance
293	293	of 327.28 feet to a found State of Texas Concrete Right-of-Way
294	294	Monument, and the start of a curve to the left whose radius is
295	295	1185.94 feet, and a central angle of 09 degrees 08 minutes 00
296	296	seconds;
297	297	3. With said curve an arc length of 189.05 feet to a set 1/2
298	298	inch Steel Square Tubing for a corner;
299	299	4. North 87 degrees 51 minutes 33 seconds West, a distance
300	300	of 2040.40 feet to a found State of Texas Concrete Right-of-Way
301	301	Monument;
302	302	5. North 88 degrees 50 minutes 00 seconds West, a distance
303	303	of 1045.64 feet to a found State of Texas Concrete Right-of-Way
304	304	Monument;
305	305	6. North 85 degrees 03 minutes 00 seconds West, a distance
306	306	of 151.30 feet for a corner;
307	307	7. North 88 degrees 44 minutes 29 seconds West, a distance
308	308	of 447.05 feet to a found State of Texas Concrete Right-of-Way
309	309	Monument;
310	310	8. North 87 degrees 22 minutes 12 seconds West, a distance
311	311	of 707.52 feet to the POINT OF BEGINNING and containing 580.877
312	312	acres of land, more or less.
313	313	SECTION 3. (a) The legal notice of the intention to
314	314	introduce this Act, setting forth the general substance of this
315	315	Act, has been published as provided by law, and the notice and a
316	316	copy of this Act have been furnished to all persons, agencies,
317	317	officials, or entities to which they are required to be furnished
318	318	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
319	319	Government Code.
320	320	(b) The governor, one of the required recipients, has
321	321	submitted the notice and Act to the Texas Commission on
322	322	Environmental Quality.
323	323	(c) The Texas Commission on Environmental Quality has filed
324	324	its recommendations relating to this Act with the governor, the
325	325	lieutenant governor, and the speaker of the house of
326	326	representatives within the required time.
327	327	(d) All requirements of the constitution and laws of this
328	328	state and the rules and procedures of the legislature with respect
329	329	to the notice, introduction, and passage of this Act are fulfilled
330	330	and accomplished.
331	331	SECTION 4. (a) If this Act does not receive a two-thirds
332	332	vote of all the members elected to each house, Subchapter C, Chapter
333	333	8009, Special District Local Laws Code, as added by Section 1 of
334	334	this Act, is amended by adding Section 8009.0308 to read as follows:
335	335	Sec. 8009.0308. NO EMINENT DOMAIN POWER. The district may
336	336	not exercise the power of eminent domain.
337	337	(b) This section is not intended to be an expression of a
338	338	legislative interpretation of the requirements of Section 17(c),
339	339	Article I, Texas Constitution.
340	340	SECTION 5. This Act takes effect September 1, 2019.