Texas 2021 - 87th Regular

Texas House Bill HB4591 Compare Versions

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1-H.B. No. 4591
1+By: Sanford (Senate Sponsor - Springer) H.B. No. 4591
2+ (In the Senate - Received from the House May 17, 2021;
3+ May 17, 2021, read first time and referred to Committee on Local
4+ Government; May 22, 2021, reported favorably by the following
5+ vote: Yeas 7, Nays 0; May 22, 2021, sent to printer.)
6+Click here to see the committee vote
27
38
9+ A BILL TO BE ENTITLED
410 AN ACT
511 relating to the creation of the Blue Meadow Municipal Utility
612 District No. 1 of Collin County; granting a limited power of eminent
713 domain; providing authority to issue bonds; providing authority to
814 impose assessments, fees, and taxes.
915 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1016 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1117 Code, is amended by adding Chapter 7929A to read as follows:
1218 CHAPTER 7929A. BLUE MEADOW MUNICIPAL UTILITY DISTRICT NO. 1 OF
1319 COLLIN COUNTY
1420 SUBCHAPTER A. GENERAL PROVISIONS
1521 Sec. 7929A.0101. DEFINITIONS. In this chapter:
1622 (1) "Board" means the district's board of directors.
1723 (2) "Commission" means the Texas Commission on
1824 Environmental Quality.
1925 (3) "Director" means a board member.
2026 (4) "District" means the Blue Meadow Municipal Utility
2127 District No. 1 of Collin County.
2228 Sec. 7929A.0102. NATURE OF DISTRICT. The district is a
2329 municipal utility district created under Section 59, Article XVI,
2430 Texas Constitution.
2531 Sec. 7929A.0103. CONFIRMATION AND DIRECTOR ELECTION
2632 REQUIRED. The temporary directors shall hold an election to
2733 confirm the creation of the district and to elect five permanent
2834 directors as provided by Section 49.102, Water Code.
2935 Sec. 7929A.0104. CONDITIONS PRECEDENT TO CONFIRMATION
3036 ELECTION. (a) The temporary directors may not hold an election
3137 under Section 7929A.0103 until:
3238 (1) each municipality in whose corporate limits or
3339 extraterritorial jurisdiction the district is located has
3440 consented by ordinance or resolution to the creation of the
3541 district and to the inclusion of land in the district; and
3642 (2) the district has entered into a contract with a
3743 municipality, Collin County, or another entity:
3844 (A) for adequate supplemental police, fire,
3945 emergency, and animal control services for the district; and
4046 (B) that is approved by the Commissioners Court
4147 of Collin County under Subsection (c).
4248 (b) A contract under Subsection (a) may include a provision
4349 that the contract takes effect only on the approval of the
4450 Commissioners Court of Collin County and the voters in the district
4551 voting in an election held for that purpose.
4652 (c) The Commissioners Court of Collin County shall review a
4753 contract under Subsection (a) and evaluate the supplemental police,
4854 fire, emergency, and animal control services provided in the
4955 contract. If the commissioners court determines that the contract
5056 provides adequate services, the commissioners court shall adopt a
5157 resolution stating that the contract has met the requirements of
5258 Subsection (a).
5359 Sec. 7929A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
5460 (a) The district is created to serve a public purpose and benefit.
5561 (b) The district is created to accomplish the purposes of:
5662 (1) a municipal utility district as provided by
5763 general law and Section 59, Article XVI, Texas Constitution; and
5864 (2) Section 52, Article III, Texas Constitution, that
5965 relate to the construction, acquisition, improvement, operation,
6066 or maintenance of macadamized, graveled, or paved roads, or
6167 improvements, including storm drainage, in aid of those roads.
6268 Sec. 7929A.0106. INITIAL DISTRICT TERRITORY. (a) The
6369 district is initially composed of the territory described by
6470 Section 2 of the Act enacting this chapter.
6571 (b) The boundaries and field notes contained in Section 2 of
6672 the Act enacting this chapter form a closure. A mistake made in the
6773 field notes or in copying the field notes in the legislative process
6874 does not affect the district's:
6975 (1) organization, existence, or validity;
7076 (2) right to issue any type of bond for the purposes
7177 for which the district is created or to pay the principal of and
7278 interest on a bond;
7379 (3) right to impose a tax; or
7480 (4) legality or operation.
7581 SUBCHAPTER B. BOARD OF DIRECTORS
7682 Sec. 7929A.0201. GOVERNING BODY; TERMS. (a) The district
7783 is governed by a board of five elected directors.
7884 (b) Except as provided by Section 7929A.0202, directors
7985 serve staggered four-year terms.
8086 Sec. 7929A.0202. TEMPORARY DIRECTORS. (a) The temporary
8187 board consists of:
8288 (1) Philip Tomlinson;
8389 (2) Ben Nieswiadomy;
8490 (3) Wil Walters;
8591 (4) Connor Campbell; and
8692 (5) Bryce Garoutte.
8793 (b) Temporary directors serve until the earlier of:
8894 (1) the date permanent directors are elected under
8995 Section 7929A.0103; or
9096 (2) the fourth anniversary of the effective date of
9197 the Act enacting this chapter.
9298 (c) If permanent directors have not been elected under
9399 Section 7929A.0103 and the terms of the temporary directors have
94100 expired, successor temporary directors shall be appointed or
95101 reappointed as provided by Subsection (d) to serve terms that
96102 expire on the earlier of:
97103 (1) the date permanent directors are elected under
98104 Section 7929A.0103; or
99105 (2) the fourth anniversary of the date of the
100106 appointment or reappointment.
101107 (d) If Subsection (c) applies, the owner or owners of a
102108 majority of the assessed value of the real property in the district
103109 may submit a petition to the commission requesting that the
104110 commission appoint as successor temporary directors the five
105111 persons named in the petition. The commission shall appoint as
106112 successor temporary directors the five persons named in the
107113 petition.
108114 SUBCHAPTER C. POWERS AND DUTIES
109115 Sec. 7929A.0301. GENERAL POWERS AND DUTIES. The district
110116 has the powers and duties necessary to accomplish the purposes for
111117 which the district is created.
112118 Sec. 7929A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
113119 DUTIES. The district has the powers and duties provided by the
114120 general law of this state, including Chapters 49 and 54, Water Code,
115121 applicable to municipal utility districts created under Section 59,
116122 Article XVI, Texas Constitution.
117123 Sec. 7929A.0303. AUTHORITY FOR ROAD PROJECTS. Under
118124 Section 52, Article III, Texas Constitution, the district may
119125 design, acquire, construct, finance, issue bonds for, improve,
120126 operate, maintain, and convey to this state, a county, or a
121127 municipality for operation and maintenance macadamized, graveled,
122128 or paved roads, or improvements, including storm drainage, in aid
123129 of those roads.
124130 Sec. 7929A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
125131 road project must meet all applicable construction standards,
126132 zoning and subdivision requirements, and regulations of each
127133 municipality in whose corporate limits or extraterritorial
128134 jurisdiction the road project is located.
129135 (b) If a road project is not located in the corporate limits
130136 or extraterritorial jurisdiction of a municipality, the road
131137 project must meet all applicable construction standards,
132138 subdivision requirements, and regulations of each county in which
133139 the road project is located.
134140 (c) If the state will maintain and operate the road, the
135141 Texas Transportation Commission must approve the plans and
136142 specifications of the road project.
137143 Sec. 7929A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
138144 ORDINANCE OR RESOLUTION. The district shall comply with all
139145 applicable requirements of any ordinance or resolution that is
140146 adopted under Section 54.016 or 54.0165, Water Code, and that
141147 consents to the creation of the district or to the inclusion of land
142148 in the district.
143149 Sec. 7929A.0306. DIVISION OF DISTRICT. (a) The district
144150 may be divided into two or more new districts only if the district:
145151 (1) has no outstanding bond debt; and
146152 (2) is not imposing ad valorem taxes.
147153 (b) This chapter applies to any new district created by
148154 division of the district, and a new district has all the powers and
149155 duties of the district.
150156 (c) A new district created by the division of the district
151157 may not, at the time the new district is created, contain any land
152158 outside the area described by Section 2 of the Act enacting this
153159 chapter.
154160 (d) The board, on its own motion or on receipt of a petition
155161 signed by the owner or owners of a majority of the assessed value of
156162 the real property in the district, may adopt an order dividing the
157163 district.
158164 (e) The board may adopt an order dividing the district
159165 before or after the date the board holds an election under Section
160166 7929A.0103 to confirm the district's creation.
161167 (f) An order dividing the district shall:
162168 (1) name each new district;
163169 (2) include the metes and bounds description of the
164170 territory of each new district;
165171 (3) appoint temporary directors for each new district;
166172 and
167173 (4) provide for the division of assets and liabilities
168174 between the new districts.
169175 (g) On or before the 30th day after the date of adoption of
170176 an order dividing the district, the district shall file the order
171177 with the commission and record the order in the real property
172178 records of each county in which the district is located.
173179 (h) Any new district created by the division of the district
174180 shall hold a confirmation and directors' election as required by
175181 Section 7929A.0103. If the voters of a new district do not confirm
176182 the creation of the new district, the assets, obligations,
177183 territory, and governance of the new district revert to the
178184 original district.
179185 (i) Municipal consent to the creation of the district and to
180186 the inclusion of land in the district granted under Section
181187 7929A.0104 acts as municipal consent to the creation of any new
182188 district created by the division of the district and to the
183189 inclusion of land in the new district.
184190 (j) Any new district created by the division of the district
185191 must hold an election as required by this chapter to obtain voter
186192 approval before the district may impose a maintenance tax or issue
187193 bonds payable wholly or partly from ad valorem taxes.
188194 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
189195 Sec. 7929A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
190196 The district may issue, without an election, bonds and other
191197 obligations secured by:
192198 (1) revenue other than ad valorem taxes; or
193199 (2) contract payments described by Section
194200 7929A.0403.
195201 (b) The district must hold an election in the manner
196202 provided by Chapters 49 and 54, Water Code, to obtain voter approval
197203 before the district may impose an ad valorem tax or issue bonds
198204 payable from ad valorem taxes.
199205 (c) The district may not issue bonds payable from ad valorem
200206 taxes to finance a road project unless the issuance is approved by a
201207 vote of a two-thirds majority of the district voters voting at an
202208 election held for that purpose.
203209 Sec. 7929A.0402. OPERATION AND MAINTENANCE TAX. (a) If
204210 authorized at an election held under Section 7929A.0401, the
205211 district may impose an operation and maintenance tax on taxable
206212 property in the district in accordance with Section 49.107, Water
207213 Code.
208214 (b) The board shall determine the tax rate. The rate may not
209215 exceed the rate approved at the election.
210216 Sec. 7929A.0403. CONTRACT TAXES. (a) In accordance with
211217 Section 49.108, Water Code, the district may impose a tax other than
212218 an operation and maintenance tax and use the revenue derived from
213219 the tax to make payments under a contract after the provisions of
214220 the contract have been approved by a majority of the district voters
215221 voting at an election held for that purpose.
216222 (b) A contract approved by the district voters may contain a
217223 provision stating that the contract may be modified or amended by
218224 the board without further voter approval.
219225 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
220226 Sec. 7929A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
221227 OBLIGATIONS. The district may issue bonds or other obligations
222228 payable wholly or partly from ad valorem taxes, impact fees,
223229 revenue, contract payments, grants, or other district money, or any
224230 combination of those sources, to pay for any authorized district
225231 purpose.
226232 Sec. 7929A.0502. TAXES FOR BONDS. At the time the district
227233 issues bonds payable wholly or partly from ad valorem taxes, the
228234 board shall provide for the annual imposition of a continuing
229235 direct ad valorem tax, without limit as to rate or amount, while all
230236 or part of the bonds are outstanding as required and in the manner
231237 provided by Sections 54.601 and 54.602, Water Code.
232238 Sec. 7929A.0503. BONDS FOR ROAD PROJECTS. At the time of
233239 issuance, the total principal amount of bonds or other obligations
234240 issued or incurred to finance road projects and payable from ad
235241 valorem taxes may not exceed one-fourth of the assessed value of the
236242 real property in the district.
237243 SECTION 2. The Blue Meadow Municipal Utility District No. 1
238244 of Collin County initially includes all the territory contained in
239245 the following area:
240246 BEING all that tract of land in Collin County, Texas, out of
241247 the Jonathan Douthit Survey, A-251, and being part of that called
242248 196.345 acres, all of that called 169.531 acres, and part of that
243249 called 79.452 acres of land described as Tract I, Tract 2, Tract 3,
244250 respectively, in deed to Stonehollow Homes, LLC as recorded under
245251 CC# 20170322000362630 of the Official Public Records of Collin
246252 County, Texas, and being all of that called 75.012 acres of land
247253 described in deed to Stonehollow Homes, LLC as recorded under CC#
248254 20170104000011010 of the Official Public Records of Collin County,
249255 Texas, and being all of that called 37.530 acres of land in deed to
250256 Stonehollow Homes, LLC as recorded under CC# 20170104000011020 of
251257 the Official Public Records of Collin County, Texas, and being all
252258 of that called 37.432 acres of land described in deed to Stonehollow
253259 Homes, LLC as recorded under CC# 20170104000011000 of the Official
254260 Public Records of Collin County, Texas, and being further described
255261 as follows:
256262 BEGINNING at a 5/8 inch steel rod found at a turn in County
257263 Road No. 502, at the Southeast corner of said 196.345 acres, and at
258264 the Southwest corner of that called 10.363 acres of land described
259265 in deed to Byron Shelton and Sadie Shelton as recorded under CC#
260266 20190418000415530 of the Official Public Records of Collin County,
261267 Texas;
262268 THENCE North 89 degrees 50 minutes 47 seconds West, 99.86
263269 feet to a 5/8 inch steel rod set;
264270 THENCE North 00 degrees 38 minutes 29 seconds East, 323.07
265271 feet to a 5/8 inch steel rod set;
266272 THENCE North 89 degrees 21 minutes 31 seconds West, 2400.00
267273 feet to a 5/8 inch steel rod set;
268274 THENCE South 00 degrees 38 minutes 29 seconds West, 300.00
269275 feet to a 5/8 inch steel rod set;
270276 THENCE North 89 degrees 21 minutes 31 seconds West, 85.00
271277 feet to a 5/8 inch steel rod set;
272278 THENCE North 00 degrees 38 minutes 29 seconds East, 300.00
273279 feet to a 5/8 inch steel rod set;
274280 THENCE North 89 degrees 21 minutes 31 seconds West, 900.00
275281 feet to a 5/8 inch steel rod set;
276282 THENCE South 00 degrees 38 minutes 29 seconds West, 300.00
277283 feet to a 5/8 inch steel rod set;
278284 THENCE North 89 degrees 21 minutes 31 seconds West, 60.00
279285 feet to a 5/8 inch steel rod set;
280286 THENCE North 00 degrees 38 minutes 29 seconds East, 300.00
281287 feet to a 5/8 inch steel rod set;
282288 THENCE North 89 degrees 21 minutes 31 seconds West, 601.65
283289 feet to a 5/8 inch steel rod set;
284290 THENCE South 00 degrees 19 minutes 52 seconds West, 340.05
285291 feet to a 5/8 inch steel rod set to a point in the center of County
286292 Road No. 502;
287293 THENCE North 88 degrees 46 minutes 28 seconds West, 50.01
288294 feet along the approximate center of said County Road No. 502 to a
289295 60d nail set at the Southwest corner of said 79.452 acres, and at
290296 the Southeast corner of that called 6.000 acres of land described as
291297 Tract I in deed to Alton W. Hopper as recorded under CC#
292298 20060407000462250 of the Official Public Records of Collin County,
293299 Texas;
294300 THENCE North 00 degrees 19 minutes 52 seconds East, 1291.43
295301 feet to a 1/2 inch steel rod found at the Westerly most Northwest
296302 corner of said 79.452 acres, at the Northeast corner of that called
297303 11.621 acres of land described as Tract I in deed to Collin County
298304 as recorded in Volume 5910, Page 3146 of the Land Records of Collin
299305 County, Texas, and on the South line of that called 54 acres of land
300306 described in deed to Kimberly Cantrell Wright as recorded under CC#
301307 20080516000598880 of the Official Public Records of Collin County,
302308 Texas;
303309 THENCE North 89 degrees 41 minutes 48 seconds East, 130.95
304310 feet to a 3/8 inch steel rod found at an ell corner of said 79.452
305311 acres, and at the Southeast corner of said 54 acres;
306312 THENCE North 01 degrees 16 minutes 55 seconds East, 1623.59
307313 feet to a 1/2 inch steel rod found at the Northwest corner of said
308314 79.452 acres, at the Southwest corner of said 37.432 acres, at the
309315 Southeast corner of said 37.530 acres, and at the Northeast corner
310316 of said 54 acres;
311317 THENCE North 89 degrees 54 minutes 28 seconds West, 730.81
312318 feet to a 5/8 inch steel rod set at the Southwest corner of said
313319 37.530 acres, and at the Southeast corner of that called 37.48 acres
314320 of land described as Tract Two in deed to Justin Ray Armbrister and
315321 Wendi Lynn Armbrister as recorded under CC# 20160104000002710 of
316322 the Official Public Records of Collin County, Texas;
317323 THENCE North 01 degrees 00 minutes 40 seconds West, 1219.81
318324 feet to a point on the South line of the Anna E.T.J.;
319325 THENCE Northeasterly, 2067.03 feet along said South line of
320326 Anna E.T.J. and a curve to the left having a radius of 5358.48 feet
321327 and a central angle of 22 degrees 06 minutes 07 seconds (Chord bears
322328 North 55 degrees 19 minutes 30 seconds East, 2054.24 feet) to a
323329 point;
324330 THENCE South 89 degrees 36 minutes 54 seconds East, 482.37
325331 feet to a 3/8 inch steel rod found at an ell corner of said 169.531
326332 acres, and at the Southeast corner of that called 25.05 acres of
327333 land described in deed to Leroy W. Warren, Jr. and Linda F. Warren
328334 as recorded under CC# 20070530000726310 of the Official Public
329335 Records of Collin County, Texas;
330336 THENCE North 00 degrees 56 minutes 06 seconds West, 191.40
331337 feet to a 1/2 inch steel rod found at a Northwest corner of said
332338 169.531 acres, and at the Southwest corner of that called 96.806
333339 acres of land described in deed to R&D Aycock, Ltd. as recorded in
334340 Volume 5105, Page 2819 of the Land Records of Collin County, Texas;
335341 THENCE South 88 degrees 31 minutes 34 seconds East, 1381.94
336342 feet to a 1/2 inch steel rod found at an ell corner of said 169.531
337343 acres, and at the Southeast corner of said 96.806 acres;
338344 THENCE North 89 degrees 56 minutes 56 seconds East, 1325.67
339345 feet to a 5/8 inch steel rod set on the East line of said 75.012
340346 acres;
341347 THENCE along the East line of said 75.012 acres as follows:
342348 North 89 degrees 05 minutes 15 seconds East, 16.83 feet to a
343349 5/8 inch steel rod set;
344350 South 02 degrees 35 minutes 43 seconds West, 1434.52 feet to a
345351 5/8 inch pipe found at the Southeast corner of said 75.012 acres,
346352 and at the Northeast corner of that called 51.26 acres of land
347353 described in deed to Joe Brent Cantrell as recorded under CC#
348354 96-0016857 of the Land Records of Collin County, Texas;
349355 THENCE South 89 degrees 56 minutes 04 seconds West, 2009.91
350356 feet to a 1/2 inch steel rod found at an ell corner of said 169.531
351357 acres, and at the Northwest corner of said 51.26 acres;
352358 THENCE South 00 degrees 05 minutes 52 seconds East, 1121.56
353359 feet to a 1/2 inch steel rod found at the Southerly most Southeast
354360 corner of said 169.531 acres, and at the Southwest corner of said
355361 51.26 acres;
356362 THENCE North 89 degrees 54 minutes 51 seconds East, 1960.98
357363 feet to a 5/8 inch steel rod set at the Northeast corner of said
358364 196.345 acres, and at the Southeast corner of said 51.26 acres;
359365 THENCE South 00 degrees 50 minutes 54 seconds East, 85.79
360366 feet to a Bois d'arc post found at an angle point of said 196.345
361367 acres, and at the Northwest corner of that called 5.311 acres of
362368 land described as Tract Two in deed to J.D. Horton and Linda K.
363369 Horton as recorded under CC# 94-0004753 of the Land Records of
364370 Collin County, Texas;
365371 THENCE South 00 degrees 35 minutes 21 seconds West, 1835.45
366372 feet to a 5/8 inch steel rod set at centerline intersection of a
367373 turn in County Road No. 502;
368374 THENCE South 00 degrees 31 minutes 06 seconds East, 1013.39
369375 feet along the approximate center of said County Road No. 502 to the
370376 POINT OF BEGINNING, containing 444.35 acres of land.
371377 SECTION 3. (a) The legal notice of the intention to
372378 introduce this Act, setting forth the general substance of this
373379 Act, has been published as provided by law, and the notice and a
374380 copy of this Act have been furnished to all persons, agencies,
375381 officials, or entities to which they are required to be furnished
376382 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
377383 Government Code.
378384 (b) The governor, one of the required recipients, has
379385 submitted the notice and Act to the Texas Commission on
380386 Environmental Quality.
381387 (c) The Texas Commission on Environmental Quality has filed
382388 its recommendations relating to this Act with the governor, the
383389 lieutenant governor, and the speaker of the house of
384390 representatives within the required time.
385391 (d) All requirements of the constitution and laws of this
386392 state and the rules and procedures of the legislature with respect
387393 to the notice, introduction, and passage of this Act are fulfilled
388394 and accomplished.
389395 SECTION 4. (a) If this Act does not receive a two-thirds
390396 vote of all the members elected to each house, Subchapter C, Chapter
391397 7929A, Special District Local Laws Code, as added by Section 1 of
392398 this Act, is amended by adding Section 7929A.0307 to read as
393399 follows:
394400 Sec. 7929A.0307. NO EMINENT DOMAIN POWER. The district may
395401 not exercise the power of eminent domain.
396402 (b) This section is not intended to be an expression of a
397403 legislative interpretation of the requirements of Section 17(c),
398404 Article I, Texas Constitution.
399405 SECTION 5. This Act takes effect immediately if it receives
400406 a vote of two-thirds of all the members elected to each house, as
401407 provided by Section 39, Article III, Texas Constitution. If this
402408 Act does not receive the vote necessary for immediate effect, this
403409 Act takes effect September 1, 2021.
404- ______________________________ ______________________________
405- President of the Senate Speaker of the House
406- I certify that H.B. No. 4591 was passed by the House on May
407- 14, 2021, by the following vote: Yeas 106, Nays 39, 2 present, not
408- voting.
409- ______________________________
410- Chief Clerk of the House
411- I certify that H.B. No. 4591 was passed by the Senate on May
412- 27, 2021, by the following vote: Yeas 30, Nays 1.
413- ______________________________
414- Secretary of the Senate
415- APPROVED: _____________________
416- Date
417- _____________________
418- Governor
410+ * * * * *