Texas 2021 - 87th Regular

Texas House Bill HB4570 Compare Versions

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

Old	New	Differences
1	1	87R8797 ANG-F
2	2	By: Shine H.B. No. 4570
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the River Farm Municipal Utility
8	8	District No. 1 of Bell 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 8301 to read as follows:
14	14	CHAPTER 8301. RIVER FARM MUNICIPAL UTILITY DISTRICT NO. 1
15	15	OF BELL COUNTY
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 8301.0101. 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 River Farm Municipal Utility
23	23	District No. 1 of Bell County.
24	24	Sec. 8301.0102. 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. 8301.0103. 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. 8301.0104. CONSENT OF MUNICIPALITY REQUIRED. The
32	32	temporary directors may not hold an election under Section
33	33	8301.0103 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. 8301.0105. 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. 8301.0106. 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. 8301.0201. 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 8301.0202, directors
63	63	serve staggered four-year terms.
64	64	Sec. 8301.0202. TEMPORARY DIRECTORS. (a) The temporary
65	65	board consists of:
66	66	(1) Rick Jones;
67	67	(2) Steve Gottsacker;
68	68	(3) Mike Nolan;
69	69	(4) Louis Casey; and
70	70	(5) Rex Baird.
71	71	(b) Temporary directors serve until the earlier of:
72	72	(1) the date permanent directors are elected under
73	73	Section 8301.0103; 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 8301.0103 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 8301.0103; 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. 8301.0301. 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. 8301.0302. 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. 8301.0303. 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. 8301.0304. 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. 8301.0305. MAINTENANCE OF ROADS IN TERRITORY OUTSIDE
121	121	CORPORATE LIMITS OF CITY. If district territory, or a portion of
122	122	district territory, is located outside the corporate limits of the
123	123	City of Belton, the district shall maintain any road the district
124	124	constructs located in that territory.
125	125	Sec. 8301.0306. COMPLIANCE WITH MUNICIPAL CONSENT
126	126	ORDINANCE OR RESOLUTION. The district shall comply with all
127	127	applicable requirements of any ordinance or resolution that is
128	128	adopted under Section 54.016 or 54.0165, Water Code, and that
129	129	consents to the creation of the district or to the inclusion of land
130	130	in the district.
131	131	Sec. 8301.0307. DIVISION OF DISTRICT. (a) The district may
132	132	be divided into two or more new districts only if the district:
133	133	(1) has no outstanding bonded debt; and
134	134	(2) is not imposing ad valorem taxes.
135	135	(b) This chapter applies to any new district created by
136	136	division of the district, and a new district has all the powers and
137	137	duties of the district.
138	138	(c) A new district created by the division of the district
139	139	may not, at the time the new district is created, contain any land
140	140	outside the area described by Section 2 of the Act enacting this
141	141	chapter.
142	142	(d) The board, on its own motion or on receipt of a petition
143	143	signed by the owner or owners of a majority of the assessed value of
144	144	the real property in the district, may adopt an order dividing the
145	145	district.
146	146	(e) The board may adopt an order dividing the district
147	147	before or after the date the board holds an election under Section
148	148	8301.0103 to confirm the district's creation.
149	149	(f) An order dividing the district shall:
150	150	(1) name each new district;
151	151	(2) include the metes and bounds description of the
152	152	territory of each new district;
153	153	(3) appoint temporary directors for each new district;
154	154	and
155	155	(4) provide for the division of assets and liabilities
156	156	between the new districts.
157	157	(g) On or before the 30th day after the date of adoption of
158	158	an order dividing the district, the district shall file the order
159	159	with the commission and record the order in the real property
160	160	records of each county in which the district is located.
161	161	(h) Any new district created by the division of the district
162	162	shall hold a confirmation and directors' election as required by
163	163	Section 8301.0103. If the voters of a new district do not confirm
164	164	the creation of the new district, the assets, obligations,
165	165	territory, and governance of the new district revert to the
166	166	original district.
167	167	(i) Municipal consent to the creation of the district and to
168	168	the inclusion of land in the district granted under Section
169	169	8301.0104 acts as municipal consent to the creation of any new
170	170	district created by the division of the district and to the
171	171	inclusion of land in the new district.
172	172	(j) Any new district created by the division of the district
173	173	must hold an election as required by this chapter to obtain voter
174	174	approval before the district may impose a maintenance tax or issue
175	175	bonds payable wholly or partly from ad valorem taxes.
176	176	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
177	177	Sec. 8301.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
178	178	The district may issue, without an election, bonds and other
179	179	obligations secured by:
180	180	(1) revenue other than ad valorem taxes; or
181	181	(2) contract payments described by Section 8301.0403.
182	182	(b) The district must hold an election in the manner
183	183	provided by Chapters 49 and 54, Water Code, to obtain voter approval
184	184	before the district may impose an ad valorem tax or issue bonds
185	185	payable from ad valorem taxes.
186	186	(c) The district may not issue bonds payable from ad valorem
187	187	taxes to finance a road project unless the issuance is approved by a
188	188	vote of a two-thirds majority of the district voters voting at an
189	189	election held for that purpose.
190	190	Sec. 8301.0402. OPERATION AND MAINTENANCE TAX. (a) If
191	191	authorized at an election held under Section 8301.0401, the
192	192	district may impose an operation and maintenance tax on taxable
193	193	property in the district in accordance with Section 49.107, Water
194	194	Code.
195	195	(b) The board shall determine the tax rate. The rate may not
196	196	exceed the rate approved at the election.
197	197	Sec. 8301.0403. CONTRACT TAXES. (a) In accordance with
198	198	Section 49.108, Water Code, the district may impose a tax other than
199	199	an operation and maintenance tax and use the revenue derived from
200	200	the tax to make payments under a contract after the provisions of
201	201	the contract have been approved by a majority of the district voters
202	202	voting at an election held for that purpose.
203	203	(b) A contract approved by the district voters may contain a
204	204	provision stating that the contract may be modified or amended by
205	205	the board without further voter approval.
206	206	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
207	207	Sec. 8301.0501. AUTHORITY TO ISSUE BONDS AND OTHER
208	208	OBLIGATIONS. The district may issue bonds or other obligations
209	209	payable wholly or partly from ad valorem taxes, impact fees,
210	210	revenue, contract payments, grants, or other district money, or any
211	211	combination of those sources, to pay for any authorized district
212	212	purpose.
213	213	Sec. 8301.0502. TAXES FOR BONDS. At the time the district
214	214	issues bonds payable wholly or partly from ad valorem taxes, the
215	215	board shall provide for the annual imposition of a continuing
216	216	direct ad valorem tax, without limit as to rate or amount, while all
217	217	or part of the bonds are outstanding as required and in the manner
218	218	provided by Sections 54.601 and 54.602, Water Code.
219	219	Sec. 8301.0503. BONDS FOR ROAD PROJECTS. At the time of
220	220	issuance, the total principal amount of bonds or other obligations
221	221	issued or incurred to finance road projects and payable from ad
222	222	valorem taxes may not exceed one-fourth of the assessed value of the
223	223	real property in the district.
224	224	SECTION 2. The River Farm Municipal Utility District No. 1
225	225	of Bell County initially includes all the territory contained in
226	226	the following area:
227	227	BEING a tract of land situated in in the Felipe Madrigal Survey
228	228	Abstract No. 554 and the O.T. Tyler Survey Abstract No. 20, Bell
229	229	County, Texas, and being a portion of a 552 acre tract of land
230	230	conveyed to A.J. Hall and wife Katherine V. Hall according to the
231	231	document filed of record in Volume 928, Page 403, Deed Records of
232	232	Bell County, Texas; said tract also being a portion of that tract of
233	233	land conveyed to lnterfirst Bank, Temple, N.A. according to the
234	234	document filed of record in Volume 2157, Page 443, Deed Records of
235	235	Bell County, Texas, and being more particularly described as
236	236	follows:
237	237	BEGINNING at a point in the east line of Old U.S. Highway No. 81;
238	238	being the northwest corner of the said 552 acre tract, same being
239	239	the northwest corner of that certain 5.229 acre tract of land
240	240	described in a deed from Francis M. Hall to A.J. Hall being of
241	241	record in Volume 1958, Page 856, Deed Records of Bell County, Texas;
242	242	THENCE South 73°36'13" East, leaving said east line, a distance of
243	243	844.30 feet to a point for a corner of this tract;
244	244	THENCE South 73°18'39" East, a distance of 778.99 feet to a point for
245	245	a corner of this tract;
246	246	THENCE South 72°19'10" East, a distance of 313.74 feet to a point for
247	247	a corner of this tract;
248	248	THENCE South 72°17'13" East, a distance of 760.68 feet to a point for
249	249	a corner of this tract;
250	250	THENCE South 76°09'43" East, a distance of 559.09 feet to a point for
251	251	a corner of this tract at the approximate center of the Lampasas
252	252	River;
253	253	THENCE along the center of said Lampasas River the following
254	254	sixteen (16) courses and distances;
255	255	South 3°31'42" East, a distance of 270.01 feet to a point for a
256	256	corner of this tract;
257	257	South 22°33'02" West, a distance of 305.01 feet to a point for a
258	258	corner of this tract;
259	259	South 41°46'44" West, a distance of 144.07 feet to a point for a
260	260	corner of this tract;
261	261	South 4°33'41" West, a distance of 748.36 feet to a point for a
262	262	corner of this tract;
263	263	South 23°45'35" East, a distance of 475.45 feet to a point for a
264	264	corner of this tract;
265	265	South 26°13'38" East, a distance of 440.30 feet to a point for a
266	266	corner of this tract;
267	267	South 53°13'35" East, a distance of 353.75 feet to a point for a
268	268	corner of this tract;
269	269	North 59°26'34" East, a distance of 463.02 feet to a point for a
270	270	corner of this tract;
271	271	North 75°29'57" East, a distance of 248.68 feet to a point for a
272	272	corner of this tract;
273	273	South 87°22'58" East, a distance of 548.47 feet to a point for a
274	274	corner of this tract;
275	275	South 64°58'40" East, a distance of 329.60 feet to a point for a
276	276	corner of this tract;
277	277	South 36°48'27" East, a distance of 165.61 feet to a point for a
278	278	corner of this tract;
279	279	South 0°10'19" West, a distance of 289.15 feet to a point for a
280	280	corner of this tract;
281	281	South 27°37'41" East, a distance of 182.45 feet to a point for a
282	282	corner of this tract;
283	283	South 76°03'38" East, a distance of 571.54 feet to a point for a
284	284	corner of this tract;
285	285	South 49°09'40" East, a distance of 407.46 feet to a point for a
286	286	corner of this tract;
287	287	South 24°31'49" East, a distance of 661.88 feet to a point for a
288	288	corner of this tract;;
289	289	THENCE North 75°38'19" West, leaving the above mentioned Lampasas
290	290	River, a distance of 1576.09 feet to a point for a corner of this
291	291	tract;
292	292	THENCE South 51°59'58" West, a distance of 1546.90 feet to a point
293	293	for a corner of this tract;
294	294	THENCE North 36°52'41" West, a distance of 1957.51 feet to a point
295	295	for a corner of this tract;
296	296	THENCE North 53°41'37" West, a distance of 1279.74 feet to a point
297	297	for a corner of this tract;
298	298	THENCE North 58°18'24" West, a distance of 2257.67 feet to a point in
299	299	the east line of the above-mentioned Old U.S. Highway No. 81, for a
300	300	corner of this tract;
301	301	THENCE North 22°24'57" East, with said east line, a distance of
302	302	36.44 feet to a point for a corner of this tract;
303	303	THENCE North 9°59'32" East, continuing with said east line, a
304	304	distance of 503.32 feet to a point for a corner of this tract;
305	305	THENCE North 17°38'30" East, with said east line, a distance of
306	306	1414.35 feet to the POINT OF BEGINNING and containing 304.7641
307	307	acres or 13,275,522 square feet of land, more or less.
308	308	SECTION 3. (a) The legal notice of the intention to
309	309	introduce this Act, setting forth the general substance of this
310	310	Act, has been published as provided by law, and the notice and a
311	311	copy of this Act have been furnished to all persons, agencies,
312	312	officials, or entities to which they are required to be furnished
313	313	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
314	314	Government Code.
315	315	(b) The governor, one of the required recipients, has
316	316	submitted the notice and Act to the Texas Commission on
317	317	Environmental Quality.
318	318	(c) The Texas Commission on Environmental Quality has filed
319	319	its recommendations relating to this Act with the governor, the
320	320	lieutenant governor, and the speaker of the house of
321	321	representatives within the required time.
322	322	(d) All requirements of the constitution and laws of this
323	323	state and the rules and procedures of the legislature with respect
324	324	to the notice, introduction, and passage of this Act are fulfilled
325	325	and accomplished.
326	326	SECTION 4. (a) If this Act does not receive a two-thirds
327	327	vote of all the members elected to each house, Subchapter C, Chapter
328	328	8301, Special District Local Laws Code, as added by Section 1 of
329	329	this Act, is amended by adding Section 8301.0308 to read as follows:
330	330	Sec. 8301.0308. NO EMINENT DOMAIN POWER. The district may
331	331	not exercise the power of eminent domain.
332	332	(b) This section is not intended to be an expression of a
333	333	legislative interpretation of the requirements of Section 17(c),
334	334	Article I, Texas Constitution.
335	335	SECTION 5. This Act takes effect immediately if it receives
336	336	a vote of two-thirds of all the members elected to each house, as
337	337	provided by Section 39, Article III, Texas Constitution. If this
338	338	Act does not receive the vote necessary for immediate effect, this
339	339	Act takes effect September 1, 2021.