Texas 2021 - 87th Regular

Texas House Bill HB4540 Compare Versions

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

Old	New	Differences
1	1	87R8850 ANG-F
2	2	By: King of Parker H.B. No. 4540
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Hillcrest North Municipal Utility
8	8	District of Wise County; granting a limited power of eminent
9	9	domain; providing authority to issue bonds; providing authority to
10	10	impose 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 8017 to read as follows:
14	14	CHAPTER 8017. HILLCREST NORTH MUNICIPAL UTILITY DISTRICT OF WISE
15	15	COUNTY
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 8017.0101. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "Commission" means the Texas Commission on
20	20	Environmental Quality.
21	21	(3) "Director" means a board member.
22	22	(4) "District" means the Hillcrest North Municipal
23	23	Utility District of Wise County.
24	24	Sec. 8017.0102. 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. 8017.0103. 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. 8017.0104. CONSENT OF MUNICIPALITY REQUIRED. The
32	32	temporary directors may not hold an election under Section
33	33	8017.0103 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. 8017.0105. 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. 8017.0106. 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. 8017.0201. 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 8017.0202, directors
63	63	serve staggered four-year terms.
64	64	Sec. 8017.0202. TEMPORARY DIRECTORS. (a) The temporary
65	65	board consists of:
66	66	(1) Lisa Smith;
67	67	(2) Alma Blanco;
68	68	(3) Charlotte Ann Pollett;
69	69	(4) Carter Posey; and
70	70	(5) Scott Toner.
71	71	(b) Temporary directors serve until the earlier of:
72	72	(1) the date permanent directors are elected under
73	73	Section 8017.0103; or
74	74	(2) the fourth anniversary of the effective date of
75	75	the Act enacting this chapter.
76	76	(c) If permanent directors have not been elected under
77	77	Section 8017.0103 and the terms of the temporary directors have
78	78	expired, successor temporary directors shall be appointed or
79	79	reappointed as provided by Subsection (d) to serve terms that
80	80	expire on the earlier of:
81	81	(1) the date permanent directors are elected under
82	82	Section 8017.0103; or
83	83	(2) the fourth anniversary of the date of the
84	84	appointment or reappointment.
85	85	(d) If Subsection (c) applies, the owner or owners of a
86	86	majority of the assessed value of the real property in the district
87	87	may submit a petition to the commission requesting that the
88	88	commission appoint as successor temporary directors the five
89	89	persons named in the petition. The commission shall appoint as
90	90	successor temporary directors the five persons named in the
91	91	petition.
92	92	SUBCHAPTER C. POWERS AND DUTIES
93	93	Sec. 8017.0301. GENERAL POWERS AND DUTIES. The district
94	94	has the powers and duties necessary to accomplish the purposes for
95	95	which the district is created.
96	96	Sec. 8017.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
97	97	DUTIES. The district has the powers and duties provided by the
98	98	general law of this state, including Chapters 49 and 54, Water Code,
99	99	applicable to municipal utility districts created under Section 59,
100	100	Article XVI, Texas Constitution.
101	101	Sec. 8017.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
102	102	52, Article III, Texas Constitution, the district may design,
103	103	acquire, construct, finance, issue bonds for, improve, operate,
104	104	maintain, and convey to this state, a county, or a municipality for
105	105	operation and maintenance macadamized, graveled, or paved roads, or
106	106	improvements, including storm drainage, in aid of those roads.
107	107	Sec. 8017.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
108	108	road project must meet all applicable construction standards,
109	109	zoning and subdivision requirements, and regulations of each
110	110	municipality in whose corporate limits or extraterritorial
111	111	jurisdiction the road project is located.
112	112	(b) If a road project is not located in the corporate limits
113	113	or extraterritorial jurisdiction of a municipality, the road
114	114	project must meet all applicable construction standards,
115	115	subdivision requirements, and regulations of each county in which
116	116	the road project is located.
117	117	(c) If the state will maintain and operate the road, the
118	118	Texas Transportation Commission must approve the plans and
119	119	specifications of the road project.
120	120	Sec. 8017.0305. COMPLIANCE WITH MUNICIPAL CONSENT
121	121	ORDINANCE OR RESOLUTION. The district shall comply with all
122	122	applicable requirements of any ordinance or resolution that is
123	123	adopted under Section 54.016 or 54.0165, Water Code, and that
124	124	consents to the creation of the district or to the inclusion of land
125	125	in the district.
126	126	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
127	127	Sec. 8017.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
128	128	The district may issue, without an election, bonds and other
129	129	obligations secured by:
130	130	(1) revenue other than ad valorem taxes; or
131	131	(2) contract payments described by Section 8017.0403.
132	132	(b) The district must hold an election in the manner
133	133	provided by Chapters 49 and 54, Water Code, to obtain voter approval
134	134	before the district may impose an ad valorem tax or issue bonds
135	135	payable from ad valorem taxes.
136	136	(c) The district may not issue bonds payable from ad valorem
137	137	taxes to finance a road project unless the issuance is approved by a
138	138	vote of a two-thirds majority of the district voters voting at an
139	139	election held for that purpose.
140	140	Sec. 8017.0402. OPERATION AND MAINTENANCE TAX. (a) If
141	141	authorized at an election held under Section 8017.0401, the
142	142	district may impose an operation and maintenance tax on taxable
143	143	property in the district in accordance with Section 49.107, Water
144	144	Code.
145	145	(b) The board shall determine the tax rate. The rate may not
146	146	exceed the rate approved at the election.
147	147	Sec. 8017.0403. CONTRACT TAXES. (a) In accordance with
148	148	Section 49.108, Water Code, the district may impose a tax other than
149	149	an operation and maintenance tax and use the revenue derived from
150	150	the tax to make payments under a contract after the provisions of
151	151	the contract have been approved by a majority of the district voters
152	152	voting at an election held for that purpose.
153	153	(b) A contract approved by the district voters may contain a
154	154	provision stating that the contract may be modified or amended by
155	155	the board without further voter approval.
156	156	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
157	157	Sec. 8017.0501. AUTHORITY TO ISSUE BONDS AND OTHER
158	158	OBLIGATIONS. The district may issue bonds or other obligations
159	159	payable wholly or partly from ad valorem taxes, impact fees,
160	160	revenue, contract payments, grants, or other district money, or any
161	161	combination of those sources, to pay for any authorized district
162	162	purpose.
163	163	Sec. 8017.0502. TAXES FOR BONDS. At the time the district
164	164	issues bonds payable wholly or partly from ad valorem taxes, the
165	165	board shall provide for the annual imposition of a continuing
166	166	direct ad valorem tax, without limit as to rate or amount, while all
167	167	or part of the bonds are outstanding as required and in the manner
168	168	provided by Sections 54.601 and 54.602, Water Code.
169	169	Sec. 8017.0503. BONDS FOR ROAD PROJECTS. At the time of
170	170	issuance, the total principal amount of bonds or other obligations
171	171	issued or incurred to finance road projects and payable from ad
172	172	valorem taxes may not exceed one-fourth of the assessed value of the
173	173	real property in the district.
174	174	SECTION 2. The Hillcrest North Municipal Utility District
175	175	of Wise County initially includes all the territory contained in
176	176	the following area:
177	177	PHASE ONE:
178	178	129.531 acres of land situated in the ASA HILL SURVEY, ABSTRACT NO.
179	179	363, Wise County, Texas, being the tracts described as First Tract
180	180	and Second Tract, described by deed to Russell Hayes Stephens,
181	181	recorded in Volume 1307, Page 563, Real Records, Wise County, Texas
182	182	and being more particularly described as follows:
183	183	BEGINNING at a 5/8" iron rod found for the Southwest corner of said
184	184	First Tract, said point being, per deed call, WEST, 1436.11 feet and
185	185	S 16 °34'43" W, 4451.44 feet from the northeast corner of said HILL
186	186	SURVEY, for the Northwest corner of that certain tract of land
187	187	described by deed to The Harry and Jherrie Logan Family Limited
188	188	Partnership, recorded in Volume 1634, Page 559, Real Records, Wise
189	189	County, Texas;
190	190	THENCE N 00°27'31" W, along the West line of said First Tract,
191	191	3251.80 feet to a 1/2" capped iron rod found for the Southwest
192	192	corner of that certain tract of land described by deed to George I.
193	193	Caballero and Michele L. Caballero, recorded in Volume 881, Page
194	194	568, Real Records, Wise County, Texas;
195	195	THENCE N 88°16'12" E, along the South line of said Caballero tract,
196	196	381.67 feet from which a 4" metal fence post bears N 48°27'59" W,
197	197	0.69 feet;
198	198	THENCE N 01°47'57" E, along the East line of said Caballero tract, at
199	199	959.66 feet passing a 3" metal fence post found, continuing in all,
200	200	979.48 feet to the approximate center of County Road No. 4010 (a
201	201	variable width Right-of-Way);
202	202	THENCE N 88°26'01" E, along the approximate center of said County
203	203	Road No. 4010, passing the northeast corner of said First Tract and
204	204	the northwest corner of said Second Tract, continuing along the
205	205	approximate center of said County Road No. 4010, in all, 884.25
206	206	feet;
207	207	THENCE S 00°14'44" W, along the East line of said Second Tract, at
208	208	22.94 feet passing a 4" metal fence corner post found, continuing in
209	209	all, 1736.40 feet to a 4" metal fence corner post found;
210	210	THENCE N 88°59'44" E, 216.87 feet to a 4" metal fence post found;
211	211	THENCE S 00°31'11" E, along the East line of said Second Tract,
212	212	2551.64 feet to a 4" metal fence corner post found for the Southeast
213	213	corner of said Second Tract, from which a 3" metal fence post found
214	214	for the Northeast corner of said Logan tract bears S 89°13'59" E,
215	215	1162.91 feet;
216	216	THENCE N 89°19'26" W, along the South line of said Second Tract,
217	217	passing the southwest corner of said Second Tract and the southeast
218	218	corner of said First Tract, continuing, in all, 1502.78 feet to the
219	219	POINT OF BEGINNING and containing 129.531 acres of land.
220	220	PHASE TWO:
221	221	WHEREAS FFILP LAND HOLDINGS LLC., BEING THE OWNERS OF A 172.359
222	222	ACRES TRACT OF LAND OUT OF THE J. LEVINS SURVEY, ABSTRACT NO. 489,
223	223	WISE COUNTY, TEXAS; BEING ALL OF THAT CERTAIN TRACT AS RECORDED IN
224	224	DOC. NO. 201915186, REAL PROPERTY RECORDS, WISE COUNTY, TEXAS; AND
225	225	BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
226	226	THE FOLLOWING BEARINGS, DISTANCES, AND/OR AREAS DERIVED FROM GNSS
227	227	OBSERVATIONS PERFORMED BY TEXAS SURVEYING, INC. AND REFLECT N.A.D.
228	228	1983, TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202
229	229	(GRID).
230	230	BEGINNING AT A SET 1/2" CAPPED IRON ROD (TEXAS SURVEYING, INC.) IN
231	231	THE EAST LINE OF THAT CALLED 72 ACRES TRACT DESCRIBED IN VOLUME
232	232	2416, PAGE 558, R.P.R.W.C.T., AND AT THE SOUTHWEST CORNER OF SAID
233	233	DOC. NO. 201915186, FOR THE SOUTHWEST AND BEGINNING CORNER OF THIS
234	234	TRACT. WHENCE THE NORTHWEST CORNER OF OAK TREE FARMS, PHASE I, AS
235	235	RECORDED IN CABINET D, SLIDE 159, PLAT RECORDS, WISE COUNTY, TEXAS
236	236	BEARS S 41°31'13" W 529.04 FEET.
237	237	THENCE N 00°49'04" W 1888.27 FEET ALONG THE EAST LINE OF SAID 72
238	238	ACRES TRACT TO A 3" STEEL FENCE POST AT THE SOUTHWEST CORNER OF THAT
239	239	CALLED 303.087 ACRES TRACT DESCRIBED IN VOLUME 2015, PAGE 238,
240	240	R.P.R.W.C.T., AND AT THE NORTHWEST CORNER OF SAID DOC. NO.
241	241	201915186, FOR THE NORTHWEST CORNER OF THIS TRACT.
242	242	THENCE N 89°09'34" E 3629.87 FEET ALONG THE SOUTH LINE OF SAID
243	243	303.087 ACRES TRACT TO A FOUND 2" IRON PIPE AT THE COMMON SOUTHERN
244	244	CORNER OF SAID 303.087 ACRES TRACT AND THAT CALLED 454.8 ACRES TRACT
245	245	DESCRIBED IN VOLUME 476, PAGE 415, R.P.R.W.C.T., FOR A CORNER OF
246	246	THIS TRACT.
247	247	THENCE N 89°09'18" E 866.12 FEET ALONG THE SOUTH LINE OF SAID 454.8
248	248	ACRES TRACT TO A FOUND 1/2" IRON ROD AT A CORNER IN THE WEST LINE OF
249	249	THAT CALLED 151.559 ACRES TRACT DESCRIBED IN VOLUME 1196, PAGE 229,
250	250	R.P.R.W.C.T., AND AT THE NORTHEAST CORNER OF SAID DOC. NO.
251	251	201915186, FOR THE NORTHEAST CORNER OF THIS TRACT.
252	252	THENCE ALONG THE WEST LINE OF SAID 151.559 ACRES TRACT AS FOLLOWS:
253	253	S 02°36'08" E 629.26 FEET TO A FOUND 1/2" IRON ROD, FOR A CORNER OF
254	254	THIS TRACT.
255	255	S 89°59'10" W 756.80 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
256	256	SURVEYING, INC.), FOR AN ELL CORNER OF THIS TRACT.
257	257	S 00°13'36" E 1225.52 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
258	258	SURVEYING, INC.) AT THE SOUTHEAST CORNER OF SAID DOC. NO.
259	259	201915186, FOR THE SOUTHEAST CORNER OF THIS TRACT.
260	260	THENCE ALONG THE SOUTH LINE OF SAID DOC. NO. 201915186 THE FOLLOWING
261	261	COURSES AND DISTANCES:
262	262	S 88°28'24" W 1314.90 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
263	263	SURVEYING, INC.) AT THE BEGINNING OF A CURVE TO THE RIGHT, FOR A
264	264	CORNER OF THIS TRACT.
265	265	ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 380.00
266	266	FEET, AN ARC LENGTH OF 226.27 FEET, AND WHOSE CHORD BEARS S 17°43'20"
267	267	E 222.94 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS SURVEYING, INC.)
268	268	FOR A CORNER OF THIS TRACT.
269	269	S 00°39'50" E 85.92 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
270	270	SURVEYING, INC.) FOR A CORNER OF THIS TRACT.
271	271	S 88°28'24" W 60.01 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
272	272	SURVEYING, INC.) FOR A CORNER OF THIS TRACT.
273	273	N 00°39'50" W 86.82 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
274	274	SURVEYING, INC.) AT THE BEGINNING OF A CURVE TO THE LEFT, FOR A
275	275	CORNER OF THIS TRACT.
276	276	ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 320.00
277	277	FEET, AN ARC LENGTH OF 224.23 FEET, AND WHOSE CHORD BEARS N 20°44'16"
278	278	W 219.67 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS SURVEYING, INC.)
279	279	FOR A CORNER OF THIS TRACT.
280	280	N 40°48'42" W 7.43 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
281	281	SURVEYING, INC.) FOR A CORNER OF THIS TRACT.
282	282	S 88°28'24" W 1697.99 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
283	283	SURVEYING, INC.) FOR A CORNER OF THIS TRACT.
284	284	S 01°31'36" E 300.00 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
285	285	SURVEYING, INC.) FOR A CORNER OF THIS TRACT.
286	286	S 88°28'24" W 60.00 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
287	287	SURVEYING, INC.) FOR A CORNER OF THIS TRACT.
288	288	N 01°31'36" W 300.00 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
289	289	SURVEYING, INC.) FOR A CORNER OF THIS TRACT.
290	290	S 88°28'24" W 598.81 FEET TO THE POINT OF BEGINNING.
291	291	SECTION 3. (a) The legal notice of the intention to
292	292	introduce this Act, setting forth the general substance of this
293	293	Act, has been published as provided by law, and the notice and a
294	294	copy of this Act have been furnished to all persons, agencies,
295	295	officials, or entities to which they are required to be furnished
296	296	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
297	297	Government Code.
298	298	(b) The governor, one of the required recipients, has
299	299	submitted the notice and Act to the Texas Commission on
300	300	Environmental Quality.
301	301	(c) The Texas Commission on Environmental Quality has filed
302	302	its recommendations relating to this Act with the governor, the
303	303	lieutenant governor, and the speaker of the house of
304	304	representatives within the required time.
305	305	(d) All requirements of the constitution and laws of this
306	306	state and the rules and procedures of the legislature with respect
307	307	to the notice, introduction, and passage of this Act are fulfilled
308	308	and accomplished.
309	309	SECTION 4. (a) If this Act does not receive a two-thirds
310	310	vote of all the members elected to each house, Subchapter C, Chapter
311	311	8017, Special District Local Laws Code, as added by Section 1 of
312	312	this Act, is amended by adding Section 8017.0306 to read as follows:
313	313	Sec. 8017.0306. NO EMINENT DOMAIN POWER. The district may
314	314	not exercise the power of eminent domain.
315	315	(b) This section is not intended to be an expression of a
316	316	legislative interpretation of the requirements of Section 17(c),
317	317	Article I, Texas Constitution.
318	318	SECTION 5. This Act takes effect immediately if it receives
319	319	a vote of two-thirds of all the members elected to each house, as
320	320	provided by Section 39, Article III, Texas Constitution. If this
321	321	Act does not receive the vote necessary for immediate effect, this
322	322	Act takes effect September 1, 2021.