Texas 2019 - 86th Regular

Texas Senate Bill SB592 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 592
	1	+	86R32981 BRG-F
	2	+	By: Watson S.B. No. 592
	3	+	(Israel)
	4	+	Substitute the following for S.B. No. 592: No.
2	5
3	6
	7	+	A BILL TO BE ENTITLED
4	8		AN ACT
5	9		relating to the creation of the Brickston Municipal Utility
6	10		District; granting a limited power of eminent domain; providing
7	11		authority to issue bonds; providing authority to impose
8	12		assessments, fees, and taxes.
9	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	14		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	15		Code, is amended by adding Chapter 8038 to read as follows:
12	16		CHAPTER 8038. BRICKSTON MUNICIPAL UTILITY DISTRICT
13	17		SUBCHAPTER A. GENERAL PROVISIONS
14	18		Sec. 8038.0101. DEFINITIONS. In this chapter:
15	19		(1) "Board" means the district's board of directors.
16	20		(2) "Commission" means the Texas Commission on
17	21		Environmental Quality.
18	22		(3) "Director" means a board member.
19	23		(4) "District" means the Brickston Municipal Utility
20	24		District.
21	25		Sec. 8038.0102. NATURE OF DISTRICT. The district is a
22	26		municipal utility district created under Section 59, Article XVI,
23	27		Texas Constitution.
24	28		Sec. 8038.0103. CONFIRMATION AND DIRECTOR ELECTION
25	29		REQUIRED. The temporary directors shall hold an election to
26	30		confirm the creation of the district and to elect five permanent
27	31		directors as provided by Section 49.102, Water Code.
28	32		Sec. 8038.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	33		temporary directors may not hold an election under Section
30	34		8038.0103 until each municipality in whose corporate limits or
31	35		extraterritorial jurisdiction the district is located has
32	36		consented by ordinance or resolution to the creation of the
33	37		district and to the inclusion of land in the district.
34	38		Sec. 8038.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	39		(a) The district is created to serve a public purpose and benefit.
36	40		(b) The district is created to accomplish the purposes of:
37	41		(1) a municipal utility district as provided by
38	42		general law and Section 59, Article XVI, Texas Constitution; and
39	43		(2) Section 52, Article III, Texas Constitution, that
40	44		relate to the construction, acquisition, improvement, operation,
41	45		or maintenance of macadamized, graveled, or paved roads, or
42	46		improvements, including storm drainage, in aid of those roads.
43	47		Sec. 8038.0106. INITIAL DISTRICT TERRITORY. (a) The
44	48		district is initially composed of the territory described by
45	49		Section 2 of the Act enacting this chapter.
46	50		(b) The boundaries and field notes contained in Section 2 of
47	51		the Act enacting this chapter form a closure. A mistake made in the
48	52		field notes or in copying the field notes in the legislative process
49	53		does not affect the district's:
50	54		(1) organization, existence, or validity;
51	55		(2) right to issue any type of bond for the purposes
52	56		for which the district is created or to pay the principal of and
53	57		interest on a bond;
54	58		(3) right to impose a tax; or
55	59		(4) legality or operation.
56	60		SUBCHAPTER B. BOARD OF DIRECTORS
57	61		Sec. 8038.0201. GOVERNING BODY; TERMS. (a) The district
58	62		is governed by a board of five elected directors.
59	63		(b) Except as provided by Section 8038.0202, directors
60	64		serve staggered four-year terms.
61	65		Sec. 8038.0202. TEMPORARY DIRECTORS. (a) On or after the
62	66		effective date of the Act enacting this chapter, the owner or owners
63	67		of a majority of the assessed value of the real property in the
64	68		district may submit a petition to the commission requesting that
65	69		the commission appoint as temporary directors the five persons
66	70		named in the petition. The commission shall appoint as temporary
67	71		directors the five persons named in the petition.
68	72		(b) Temporary directors serve until the earlier of:
69	73		(1) the date permanent directors are elected under
70	74		Section 8038.0103; or
71	75		(2) the fourth anniversary of the effective date of
72	76		the Act enacting this chapter.
73	77		(c) If permanent directors have not been elected under
74	78		Section 8038.0103 and the terms of the temporary directors have
75	79		expired, successor temporary directors shall be appointed or
76	80		reappointed as provided by Subsection (d) to serve terms that
77	81		expire on the earlier of:
78	82		(1) the date permanent directors are elected under
79	83		Section 8038.0103; or
80	84		(2) the fourth anniversary of the date of the
81	85		appointment or reappointment.
82	86		(d) If Subsection (c) applies, the owner or owners of a
83	87		majority of the assessed value of the real property in the district
84	88		may submit a petition to the commission requesting that the
85	89		commission appoint as successor temporary directors the five
86	90		persons named in the petition. The commission shall appoint as
87	91		successor temporary directors the five persons named in the
88	92		petition.
89	93		SUBCHAPTER C. POWERS AND DUTIES
90	94		Sec. 8038.0301. GENERAL POWERS AND DUTIES. The district
91	95		has the powers and duties necessary to accomplish the purposes for
92	96		which the district is created.
93	97		Sec. 8038.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	98		DUTIES. The district has the powers and duties provided by the
95	99		general law of this state, including Chapters 49 and 54, Water Code,
96	100		applicable to municipal utility districts created under Section 59,
97	101		Article XVI, Texas Constitution.
98	102		Sec. 8038.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99	103		52, Article III, Texas Constitution, the district may design,
100	104		acquire, construct, finance, issue bonds for, improve, operate,
101	105		maintain, and convey to this state, a county, or a municipality for
102	106		operation and maintenance macadamized, graveled, or paved roads, or
103	107		improvements, including storm drainage, in aid of those roads.
104	108		Sec. 8038.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	109		road project must meet all applicable construction standards,
106	110		zoning and subdivision requirements, and regulations of each
107	111		municipality in whose corporate limits the road project is located.
108	112		(b) If a road project is not located in the corporate limits
109	113		of a municipality, the road project must meet all applicable
110	114		construction standards, subdivision requirements, and regulations
111	115		of each county in which the road project is located.
112	116		(c) If the state will maintain and operate the road, the
113	117		Texas Transportation Commission must approve the plans and
114	118		specifications of the road project.
115	119		Sec. 8038.0305. COMPLIANCE WITH MUNICIPAL CONSENT
116	120		ORDINANCE OR RESOLUTION. The district shall comply with all
117	121		applicable requirements of any ordinance or resolution that is
118	122		adopted under Section 54.016 or 54.0165, Water Code, and that
119	123		consents to the creation of the district or to the inclusion of land
120	124		in the district.
121	125		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
122	126		Sec. 8038.0401. ELECTIONS REGARDING TAXES OR BONDS.
123	127		(a) The district may issue, without an election, bonds and other
124	128		obligations secured by:
125	129		(1) revenue other than ad valorem taxes; or
126	130		(2) contract payments described by Section 8038.0403.
127	131		(b) The district must hold an election in the manner
128	132		provided by Chapters 49 and 54, Water Code, to obtain voter approval
129	133		before the district may impose an ad valorem tax or issue bonds
130	134		payable from ad valorem taxes.
131	135		(c) The district may not issue bonds payable from ad valorem
132	136		taxes to finance a road project unless the issuance is approved by a
133	137		vote of a two-thirds majority of the district voters voting at an
134	138		election held for that purpose.
135	139		Sec. 8038.0402. OPERATION AND MAINTENANCE TAX. (a) If
136	140		authorized at an election held under Section 8038.0401, the
137	141		district may impose an operation and maintenance tax on taxable
138	142		property in the district in accordance with Section 49.107, Water
139	143		Code.
140	144		(b) The board shall determine the tax rate. The rate may not
141	145		exceed the rate approved at the election.
142	146		Sec. 8038.0403. CONTRACT TAXES. (a) In accordance with
143	147		Section 49.108, Water Code, the district may impose a tax other than
144	148		an operation and maintenance tax and use the revenue derived from
145	149		the tax to make payments under a contract after the provisions of
146	150		the contract have been approved by a majority of the district voters
147	151		voting at an election held for that purpose.
148	152		(b) A contract approved by the district voters may contain a
149	153		provision stating that the contract may be modified or amended by
150	154		the board without further voter approval.
151	155		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
152	156		Sec. 8038.0501. AUTHORITY TO ISSUE BONDS AND OTHER
153	157		OBLIGATIONS. The district may issue bonds or other obligations
154	158		payable wholly or partly from ad valorem taxes, impact fees,
155	159		revenue, contract payments, grants, or other district money, or any
156	160		combination of those sources, to pay for any authorized district
157	161		purpose.
158	162		Sec. 8038.0502. TAXES FOR BONDS. At the time the district
159	163		issues bonds payable wholly or partly from ad valorem taxes, the
160	164		board shall provide for the annual imposition of a continuing
161	165		direct ad valorem tax, without limit as to rate or amount, while all
162	166		or part of the bonds are outstanding as required and in the manner
163	167		provided by Sections 54.601 and 54.602, Water Code.
164	168		Sec. 8038.0503. BONDS FOR ROAD PROJECTS. At the time of
165	169		issuance, the total principal amount of bonds or other obligations
166	170		issued or incurred to finance road projects and payable from ad
167	171		valorem taxes may not exceed one-fourth of the assessed value of the
168	172		real property in the district.
169	173		SECTION 2. The Brickston Municipal Utility District
170	174		initially includes all the territory contained in the following
171	175		area:
172	176		BEING A 448.8-ACRE [19,551,571 SQUARE FEET] MUD TRACT OUT OF
173	177		THE WILLIAM HINES SURVEY NUMBER 53, ABSTRACT NUMBER 346, TRAVIS
174	178		COUNTY, TEXAS, SAID TRACT BEING ALL OF THAT CALLED 127.535-ACRE
175	179		TRACT DESCRIBED TO TEXAS BRIDLE TRAILS, LLC., AS RECORDED IN
176	180		DOCUMENT NUMBER 2008035687 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
177	181		COUNTY, TEXAS [O.P.R.T.C.T.], AND A PORTION OF THAT CALLED
178	182		315.26-ACRE TRACT DESCRIBED TO TEXAS BRIDLE TRAILS, LLC. AS
179	183		RECORDED IN DOCUMENT NUMBER 2008035688 O.P.R.T.C.T. SAID TRACT
180	184		BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
181	185		BEGINNING at a 5/8-inch iron rod found in the west line of
182	186		that called 29.556-acre tract described to Centex Land, LTD. as
183	187		recorded in Document Number 1999124374 O.P.R.T.C.T. for the south
184	188		corner of that called 9.35-acre tract described to Johnny Wilkins,
185	189		Jr. and wife, Virgina C. Wilkins as recorded in Volume 12363, Page
186	190		2230 of the Real Property Records of Travis County, Texas
187	191		[R.P.R.T.C.T.], same being the east corner of said 315.26-acre
188	192		tract and the east corner of the tract described herein;
189	193		THENCE with said west line of the 29.556-acre tract, same
190	194		being the east line of said 315.26-acre tract, S26°55'05"W a
191	195		distance of 926.58 feet to a 1/2-inch iron rod found for the east
192	196		corner of that called 5.00-acre tract described to Amos Whit Parker
193	197		and Wife, Mary Catherine Parker as recorded in Volume 12714, Page
194	198		2046 R.P.R.T.C.T.;
195	199		THENCE with the north line of said 5.00-acre tract,
196	200		continuing with said east line of the 315.26-acre tract, N63°18'57"W
197	201		a distance of 796.21 feet to a 1/2-inch iron rod found for the north
198	202		corner of said 5.00-acre tract;
199	203		THENCE with the west line of said 5.00-acre tract, continuing
200	204		with said east line of the 315.26-acre tract, S26°40'58"W a distance
201	205		of 273.21 feet to the west corner of said 5.00-acre tract, same
202	206		being the north corner of that called 10.57-acre tract described to
203	207		David S. Rose and Kristen R. Carter, as recorded in Volume 12854,
204	208		Page 2132 R.P.R.T.C.T.;
205	209		THENCE with the west line of said 10.57-acre tract,
206	210		continuing with said east line of the 315.26-acre tract, S26°59'51"W
207	211		a distance of 578.62 feet to a point in the north line of that called
208	212		175.81-acre tract described to Centex Land, Ltd as recorded in
209	213		Volume 13299, Page 2327 R.P.R.T.C.T. for the west corner of said
210	214		10.57-acre tract;
211	215		THENCE with said north line of the 175.81-acre tract,
212	216		continuing with said east line of the 315.26-acre tract, the
213	217		following five (5) courses and distances:
214	218		1) N63°35'01"W a distance of 41.42 feet to an angle
215	219		point,
216	220		2) N61°56'37"W a distance of 120.25 feet to an angle
217	221		point,
218	222		3) N62°39'21"W a distance of 572.60 feet to a 1/2-inch
219	223		iron rod found for an angle point,
220	224		4) N62°32'09"W a distance of 228.42 feet to a 3/8-inch
221	225		iron rod found for an angle point,
222	226		5) N62°48'14"W a distance of 1,444.80 feet to an angle
223	227		point for the north corner of said 175.81-acre tract;
224	228		THENCE with the west line of said 175.81-acre tract, same
225	229		being the south line of said 315.26-acre tract, S27°07'44"W a
226	230		distance of 76.16 feet to an angle point for the east corner of said
227	231		127.535-acre tract;
228	232		THENCE continuing with said west line of the 175.81-acre
229	233		tract, same being the east line of said 127.535-acre tract, the
230	234		following two (2) courses and distances:
231	235		1) S27°32'56"W a distance of 1,770.97 feet to an angle
232	236		point for the south corner of said 127.535-acre tract, and
233	237		2) N61°57'33"W a distance of 395.35 feet to an angle
234	238		point in the east line of that called 202.522-acre tract described
235	239		to Robert E. Lundgren & Kathryn E. Lundgren as recorded in Volume
236	240		11133, Page 517 R.P.R.T.C.T.;
237	241		THENCE with the east line of said 202.522-acre tract, same
238	242		being the south line of said 127.535-acre tract, N28°06'22"E a
239	243		distance of 20.48 feet to an angle point for the east corner of said
240	244		202.522-acre tract;
241	245		THENCE with the north line of said 202.522-acre tract,
242	246		continuing with said south line of the 127.535-acre tract,
243	247		N63°06'01"W a distance of 2,773.48 feet to a point in the east line
244	248		of that called 84.987-acre tract described to Ruth Ann Lofton
245	249		Kylberg as recorded in Volume 6863, Page 1580 of the Deed Records of
246	250		Travis County, Texas, for the west corner of said 127.535-acretract
247	251		and the west corner of the tract described herein;
248	252		THENCE with said east line of the 84.987-acre tract, same
249	253		being the west line of said 127.535-acre tract, N27°08'30"E a
250	254		distance of 797.97 feet to 1/2-inch iron rod found for the apparent
251	255		southerly terminus of Giese Lane, a varying-width right-of-way, no
252	256		record information found;
253	257		THENCE with the apparent east right-of-way line of Giese
254	258		Lane, continuing with the west line of said 127.535-acre tract, the
255	259		following two (2) courses and distances:
256	260		1) N51°48'59"E a distance of 48.16 feet to an angle
257	261		point, and
258	262		2) N26°22'12"E a distance of 900.92 feet to a 3/4-inch
259	263		iron rod found for the north corner of said 127.535-acre tract;
260	264		THENCE continuing with the apparent east right-of-way line of
261	265		Giese Lane, with the west line of said 315.26-acre tract, the
262	266		following two (2) courses and distances:
263	267		1) N26°32'58"E a distance of 281.93 feet to an angle
264	268		point, and
265	269		2) N26°37'58"E a distance of 64.47 feet to an angle
266	270		point at the intersection of the apparent common Manor County Extra
267	271		Territorial Jurisdiction line and the apparent Travis County Line
268	272		with said apparent east right-of-way line of Giese Lane and said
269	273		west line of the 315.26-acre tract;
270	274		THENCE leaving said apparent east right-of-way line of Giese
271	275		Lane and said west line of the 315.26-acre tract, crossing said
272	276		315.26-acre tract, with the apparent common Manor County Extra
273	277		Territorial Jurisdiction line and the apparent Travis County Line,
274	278		the following three (3)courses and distances:
275	279		1) S89°34'15"E a distance of 319.29 feet to an angle
276	280		point,
277	281		2) N13°12'51"E a distance of 581.96 feet to an angle
278	282		point, and
279	283		3) N06°47'45"E a distance of 425.37 feet to an angle
280	284		point at the intersection of said apparent common Manor County
281	285		Extra Territorial Jurisdiction line and said apparent Travis County
282	286		Line with said apparent east right-of-way line of Giese Lane and
283	287		said west line of the 315.26-acre tract;
284	288		THENCE with said apparent east right-of-way line of Giese
285	289		Lane and said west line of the 315.26-acre tract, N26°52'58"E a
286	290		distance of 1,166.16 feet to the west corner of that called
287	291		286.05-acre tract described to Sharon Dusek Wertz as recorded in
288	292		Volume 11258, Page 38 R.P.R.T.C.T., same being the north corner of
289	293		said 315.26-acre tract and the north corner of the tract described
290	294		herein;
291	295		THENCE with the south line of said 286.05-acre tract, same
292	296		being the north line of said 315.26-acre tract, S63°12'58"E a
293	297		distance of 3,177.15 feet to the south corner of said 286.05-acre
294	298		tract, same being the west corner of that called 50.349-acre tract
295	299		described to Robert Alvarez as recorded in Document Number
296	300		2001200295 O.P.R.T.C.T.;
297	301		THENCE with the south line of said 50.349-acre tract,
298	302		continuing with said north line of the 315.26-acre tract, the
299	303		following two (2) courses and distances:
300	304		1) S64°27'40"E a distance of 128.51 feet to an angle
301	305		point, and
302	306		2) S63°20'13"E a distance of 972.11 feet to the north
303	307		corner of that apparent 20.00-acre tract to Johnny Wilkins Jr. &
304	308		Virginia C. Wilkins, no record information found;
305	309		THENCE with the west line of said 20.00-acre tract, with the
306	310		west line of that called 5.00-acre tract described to Johnny
307	311		Wilkins Jr. and wife, Virginia Cox Wilkins as recorded in Volume
308	312		6501, Page 42 R.P.R.T.C.T., continuing with said north line of the
309	313		315.26-acre tract, S26°39'06"W a distance of 800.88 feet to the west
310	314		corner of said 5.00-acre tract;
311	315		THENCE with the south line of said 5.00-acre tract, with the
312	316		south line of said 9.35-acre tract, continuing with said north line
313	317		of the 315.26-acre tract, S63°20'40"E a distance of 2,096.59 feet to
314	318		said POINT OF BEGINNING of the tract described herein, and
315	319		containing 448.8 Acres [19,551,571 Square Feet].
316	320		SECTION 3. (a) The legal notice of the intention to
317	321		introduce this Act, setting forth the general substance of this
318	322		Act, has been published as provided by law, and the notice and a
319	323		copy of this Act have been furnished to all persons, agencies,
320	324		officials, or entities to which they are required to be furnished
321	325		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
322	326		Government Code.
323	327		(b) The governor, one of the required recipients, has
324	328		submitted the notice and Act to the Texas Commission on
325	329		Environmental Quality.
326	330		(c) The Texas Commission on Environmental Quality has filed
327	331		its recommendations relating to this Act with the governor, the
328	332		lieutenant governor, and the speaker of the house of
329	333		representatives within the required time.
330	334		(d) All requirements of the constitution and laws of this
331	335		state and the rules and procedures of the legislature with respect
332	336		to the notice, introduction, and passage of this Act are fulfilled
333	337		and accomplished.
334	338		SECTION 4. (a) If this Act does not receive a two-thirds
335	339		vote of all the members elected to each house, Subchapter C, Chapter
336	340		8038, Special District Local Laws Code, as added by Section 1 of
337	341		this Act, is amended by adding Section 8038.0306 to read as follows:
338	342		Sec. 8038.0306. NO EMINENT DOMAIN POWER. The district may
339	343		not exercise the power of eminent domain.
340	344		(b) This section is not intended to be an expression of a
341	345		legislative interpretation of the requirements of Section 17(c),
342	346		Article I, Texas Constitution.
343	347		SECTION 5. This Act takes effect immediately if it receives
344	348		a vote of two-thirds of all the members elected to each house, as
345	349		provided by Section 39, Article III, Texas Constitution. If this
346	350		Act does not receive the vote necessary for immediate effect, this
347	351		Act takes effect September 1, 2019.
348		-	______________________________ ______________________________
349		-	President of the Senate Speaker of the House
350		-	I hereby certify that S.B. No. 592 passed the Senate on
351		-	April 26, 2019, by the following vote: Yeas 29, Nays 1; and that
352		-	the Senate concurred in House amendment on May 25, 2019, by the
353		-	following vote: Yeas 30, Nays 0.
354		-	______________________________
355		-	Secretary of the Senate
356		-	I hereby certify that S.B. No. 592 passed the House, with
357		-	amendment, on May 22, 2019, by the following vote: Yeas 113,
358		-	Nays 31, two present not voting.
359		-	______________________________
360		-	Chief Clerk of the House
361		-	Approved:
362		-	______________________________
363		-	Date
364		-	______________________________
365		-	Governor