Texas 2021 - 87th Regular

Texas House Bill HB4582 Compare Versions

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

Old	New	Differences
1	1	87R10599 SGM-F
2	2	By: Thompson of Brazoria H.B. No. 4582
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Brazoria County Municipal Utility
8	8	District No. 79; 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 8151 to read as follows:
14	14	CHAPTER 8151. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 79
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8151.0101. 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 Brazoria County Municipal
22	22	Utility District No. 79.
23	23	Sec. 8151.0102. 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. 8151.0103. 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. 8151.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	8151.0103 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. 8151.0105. 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. 8151.0106. 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. 8151.0201. 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 8151.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 8151.0202. TEMPORARY DIRECTORS. (a) The temporary
64	64	board consists of:
65	65	(1) Mark C. Wargo;
66	66	(2) Kathleen English;
67	67	(3) Inna Babbitt;
68	68	(4) Linda Houston; and
69	69	(5) John B. Tickle.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8151.0103; 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 8151.0103 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 8151.0103; 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. 8151.0301. 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. 8151.0302. 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. 8151.0303. 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. 8151.0304. 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. 8151.0305. 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. 8151.0401. 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 8151.0403.
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. 8151.0402. OPERATION AND MAINTENANCE TAX. (a) If
140	140	authorized at an election held under Section 8151.0401, 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. 8151.0403. 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. 8151.0501. 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. 8151.0502. 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. 8151.0503. 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 Brazoria County Municipal Utility District
174	174	No. 79 initially includes all the territory contained in the
175	175	following area:
176	176	Being 79.905 acres of land located in the A. C. H. & B. R. R.
177	177	Co. Survey, Section 90 also known as the Kate R. Ehrmann Survey,
178	178	Abstract 459 of Brazoria County, Texas, more particularly being a
179	179	portion of Block "O" of the Allison Richey Gulf Coast Home Company
180	180	Part of Suburban Gardens, a subdivision of record in Volume 2, Page
181	181	91 & 92, Plat Records, Brazoria County, Texas (B.C.P.R.) more
182	182	particularly being all of those certain tracts called 2.2229 acres
183	183	(referred to as Tract B), 16.6700 acres (referred to as Tract C),
184	184	46.8412 acres (referred to as Tract D), 14.1479 acres (referred to
185	185	as Tract E) conveyed to VDB Partners, Ltd, by instrument of record
186	186	in File Number 99-050835, Official Records of Brazoria County,
187	187	Texas (B.C.O.R.), all of those certain tracts called 46.8412 acres
188	188	(referred to as Tract D), and 14.1479 acres (referred to as Tract E)
189	189	conveyed to VDB Partners, Ltd, by instrument of record in File
190	190	Number 99- 050834, B.C.O.R. and in an affidavit to correct legal
191	191	description of record under File Number 2006000883, B.C.O.R., said
192	192	79.905 acres being more particularly described by metes and bounds
193	193	in two tracts, Tract One being 16.447 acres and Tract Two being
194	194	63.458 acres as follows (all bearings referenced to the Texas
195	195	Coordinate System, South Central Zone, NAO 83 (1993 adjustment));
196	196	TRACT ONE
197	197	BEGINNING at a 5/8-inch iron rod found for a re-entrant
198	198	corner on the north line of that certain called 99.9653 acre tract
199	199	conveyed to SLP 288 and Rodeo Palms II, LP, by instrument of record
200	200	in File No. 2004064049, B.C.O.R.;
201	201	Thence, North 03° 08' 38" West, along the west line of said
202	202	14.1479 acre tract and the most northerly east line of said 99.9653
203	203	acre tract, 333.68 feet to a 5/8-inch iron rod with cap stamped "LA
204	204	THOMPSON 3987" found for the most northerly northeast corner of
205	205	said 99.9653 acre tract, same being the southeast corner of Lot 19,
206	206	Section 90 of the Allison Richey Gulf Coast Home Company Part of
207	207	Suburban Gardens, a subdivision of record in Volume 2, Page 98,
208	208	B.C.P.R.;
209	209	Thence, North 03° 19' 05" West, continuing along the west line
210	210	of said 14.1479 acre tract and along the east line of said Lot 19 and
211	211	Lot 18 of said subdivision, passing at 1,318.43 feet a TXDOT
212	212	concrete right-of-way monument found for the northeast corner of
213	213	said Lot 18 and for an angle point on the easterly right-of-way line
214	214	of State Highway 288 (width varies), from which a found TXDOT
215	215	concrete right-of-way monument bears South 85° 24' 57" West, 7.42
216	216	feet for an angle point on said easterly right-of-way line, and
217	217	continuing along said easterly right-of-way line and said west line
218	218	in all 1,354.07 feet to a 5/8-inch iron rod with cap stamped "LJA
219	219	ENG" set for an angle point on said easterly right-of-way line;
220	220	Thence, North 09° 45' 18" East, continuing along said 14.1479
221	221	acre tract and said easterly right-of-way line, passing at 472.50
222	222	feet a 5/8-inch iron rod found for the common west corner of said
223	223	14.1479 acre tract and the aforementioned 2.2229 acre tract, and
224	224	continuing along the common line of said easterly right-of-way line
225	225	and the westerly line of said 2.2229 acre tract, in all 865.71 feet
226	226	to a TXDOT concrete right-of-way monument found for an angle point
227	227	on said easterly right-of-way line, the beginning of a curve;
228	228	Thence, continuing along said common line, 251.31 feet along
229	229	the arc of a non-tangent curve to the left having a radius of
230	230	1,195.92 feet, a central angle of 12° 02' 25", and a chord that bears
231	231	North 03° 59' 19" East, 250.85 feet to a TXDOT concrete right-of-way
232	232	monument found for the point of tangency of said easterly
233	233	right-of-way line;
234	234	Thence, North 02° 01' 53" West, continuing along said common
235	235	line, 23.81 feet to a 5/8- inch iron rod with cap stamped "LJA ENG"
236	236	set for an angle point on said easterly right-of-way line;
237	237	Thence, North 41° 22' 51" East, continuing along said common
238	238	line, 139.94 feet to a 5/8- inch iron rod with cap stamped "LJA ENG"
239	239	set for an angle point on said easterly right-of-way line, said
240	240	point being the north corner of said 2.2229 acre tract and located
241	241	at the intersection of said easterly right-of-way line and the west
242	242	right-of-way line of County Road No. 82 (70 feet wide, AKA Iowa
243	243	Lane);
244	244	Thence, South 02° 27' 53" East, along said west right-of-way
245	245	line and the east line of said 2.2229 acre tract, passing at 755.91
246	246	feet the common east corner of said 2.2229 and 14.1479 acre tracts,
247	247	from which a found 5/8-inch iron rod bears North 81° 46' 31" West,
248	248	2.79 feet and a found 1/2-inch iron rod bears South 05° 03' 37"
249	249	East, 6.31 feet, and continuing along said west right-of-way line
250	250	and the east line of said 14.1479 acre tract, in all 2,903.60 feet
251	251	to a 5/8-inch iron rod with cap stamped "LJA ENG" set for the
252	252	intersection of said west right-of-way line with the north line of
253	253	said 99.9653 acre tract, from which a 5/8-inch iron rod bears North
254	254	02° 27' 53" West, 1.68 feet;
255	255	Thence, South 86° 42' 53" West, along the north line of said
256	256	99.9653 acre tract, 284.45 feet the POINT OF BEGINNING and
257	257	containing 16.447 acres of land.
258	258	TRACT TWO
259	259	BEGINNING at a 5/8-inch iron rod found for the northeast
260	260	corner of that certain called 99.9653 acre tract conveyed to SLP 288
261	261	and Rodeo Palms II, LP, by instrument of record in File
262	262	No. 2004064049, B.C.O.R.;
263	263	Thence, South 86° 42' 53" West, along the most easterly north
264	264	line of said 99.9653 acre tract, 964.95 feet to a 5/8-inch iron rod
265	265	with cap stamped "LJA ENG" set for the intersection of the east
266	266	right-of-way line of County Road No. 82 (70 feet wide, AKA Iowa
267	267	Lane) with the north line of said 99.9653 acre tract;
268	268	Thence, North 02° 27' 53" West, along said east right-of-way
269	269	line, passing at 2,147.50 feet the common west corner of the
270	270	aforementioned 46.8412 acre tract and the aforementioned 16.6700
271	271	acre tract, from which a found 5/8-inch iron rod bears North 71° 19'
272	272	55" West, 2.93 feet and a found 1/2-inch iron rod bears South 25° 18'
273	273	36" East, 6.82 feet, and continuing along said east right-of-way
274	274	line and the west line of the aforementioned 16.6700 acre tract, in
275	275	all 2,903.69 feet to a 5/8-inch iron rod with cap stamped "LJA ENG"
276	276	set for the intersection of said east right- of-way line and
277	277	easterly right-of-way line of State Highway 288 (width varies);
278	278	Thence, North 86° 38' 43" East, along said easterly
279	279	right-of-way line and along a north line of said 16.6700 acre tract,
280	280	139.51 feet to a 5/8-inch iron rod found for an angle point on said
281	281	easterly right-of-way line and a re-entrant corner on said north
282	282	line;
283	283	Thence, North 04° 30' 35" West, continuing along said easterly
284	284	right-of-way line and said north line, 29.58 feet to a 5/8-inch iron
285	285	rod found at the intersection of said easterly right-of-way line
286	286	and the south right-of-way line of County Road 58 (called 60 feet
287	287	wide);
288	288	Thence, North 86° 44' 06" East, along said south right-of-way
289	289	line and said north line, passing at 754.62 feet the common survey
290	290	line of said A. C. H. & B. R. R. Co. Survey, Section 90 and the Mary
291	291	V. O'Donnell! Survey, Abstract 469, of said Brazoria County,
292	292	continuing in all
293	293	784.31 feet to a 5/8-inch iron rod with cap stamped "LJA ENG"
294	294	set for the northeast corner of said 16.6700 acre tract as described
295	295	in File Number 99-050835, B.C.O.R.;
296	296	Thence, South 03° 17' 19" East, along the record east line of
297	297	said 16.6700 acre tract, passing at 785.03 feet the common east
298	298	corner of said 16.6700 and 46.8412 acre tracts, and continuing
299	299	along the record east line of said 46.8412 acre tract in all
300	300	2,932.86 feet to the POINT OF BEGINNING and containing 63.458 acres
301	301	of land.
302	302	Said Tract One and Tract Two containing a total of 79.905
303	303	acres.
304	304	SECTION 3. (a) The legal notice of the intention to
305	305	introduce this Act, setting forth the general substance of this
306	306	Act, has been published as provided by law, and the notice and a
307	307	copy of this Act have been furnished to all persons, agencies,
308	308	officials, or entities to which they are required to be furnished
309	309	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
310	310	Government Code.
311	311	(b) The governor, one of the required recipients, has
312	312	submitted the notice and Act to the Texas Commission on
313	313	Environmental Quality.
314	314	(c) The Texas Commission on Environmental Quality has filed
315	315	its recommendations relating to this Act with the governor, the
316	316	lieutenant governor, and the speaker of the house of
317	317	representatives within the required time.
318	318	(d) All requirements of the constitution and laws of this
319	319	state and the rules and procedures of the legislature with respect
320	320	to the notice, introduction, and passage of this Act are fulfilled
321	321	and accomplished.
322	322	SECTION 4. (a) If this Act does not receive a two-thirds
323	323	vote of all the members elected to each house, Subchapter C, Chapter
324	324	8151, Special District Local Laws Code, as added by Section 1 of
325	325	this Act, is amended by adding Section 8151.0306 to read as follows:
326	326	Sec. 8151.0306. NO EMINENT DOMAIN POWER. The district may
327	327	not exercise the power of eminent domain.
328	328	(b) This section is not intended to be an expression of a
329	329	legislative interpretation of the requirements of Section 17(c),
330	330	Article I, Texas Constitution.
331	331	SECTION 5. This Act takes effect immediately if it receives
332	332	a vote of two-thirds of all the members elected to each house, as
333	333	provided by Section 39, Article III, Texas Constitution. If this
334	334	Act does not receive the vote necessary for immediate effect, this
335	335	Act takes effect September 1, 2021.