Texas 2021 - 87th Regular

Texas House Bill HB4596 Compare Versions

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

Old	New	Differences
1	1	87R13521 MP-F
2	2	By: Smith H.B. No. 4596
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Heritage Ranch Municipal Utility
8	8	District No. 1 of Grayson County; granting a limited power of
9	9	eminent domain; providing authority to issue bonds; providing
10	10	authority to 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 7920A to read as follows:
14	14	CHAPTER 7920A. HERITAGE RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF
15	15	GRAYSON COUNTY
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 7920A.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 Heritage Ranch Municipal
23	23	Utility District No. 1 of Grayson County.
24	24	Sec. 7920A.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. 7920A.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. 7920A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
32	32	temporary directors may not hold an election under Section
33	33	7920A.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. 7920A.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. 7920A.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. 7920A.0201. GOVERNING BODY; TERMS. (a) The district
61	61	is governed by a board of five elected directors.
62	62	(b) Except as provided by Section 7920A.0202, directors
63	63	serve staggered four-year terms.
64	64	Sec. 7920A.0202. TEMPORARY DIRECTORS. (a) The temporary
65	65	board consists of:
66	66	(1) Mike Mayberry;
67	67	(2) Daniel Worrell;
68	68	(3) Russell Maine;
69	69	(4) Chris Colombe; and
70	70	(5) Rick Ellis.
71	71	(b) Temporary directors serve until the earlier of:
72	72	(1) the date permanent directors are elected under
73	73	Section 7920A.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 7920A.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 7920A.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. 7920A.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. 7920A.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. 7920A.0303. AUTHORITY FOR ROAD PROJECTS. Under
102	102	Section 52, Article III, Texas Constitution, the district may
103	103	design, acquire, construct, finance, issue bonds for, improve,
104	104	operate, maintain, and convey to this state, a county, or a
105	105	municipality for operation and maintenance macadamized, graveled,
106	106	or paved roads, or improvements, including storm drainage, in aid
107	107	of those roads.
108	108	Sec. 7920A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
109	109	road project must meet all applicable construction standards,
110	110	zoning and subdivision requirements, and regulations of each
111	111	municipality in whose corporate limits or extraterritorial
112	112	jurisdiction the road project is located.
113	113	(b) If a road project is not located in the corporate limits
114	114	or extraterritorial jurisdiction of a municipality, the road
115	115	project must meet all applicable construction standards,
116	116	subdivision requirements, and regulations of each county in which
117	117	the road project is located.
118	118	(c) If the state will maintain and operate the road, the
119	119	Texas Transportation Commission must approve the plans and
120	120	specifications of the road project.
121	121	Sec. 7920A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
122	122	ORDINANCE OR RESOLUTION. The district shall comply with all
123	123	applicable requirements of any ordinance or resolution that is
124	124	adopted under Section 54.016 or 54.0165, Water Code, and that
125	125	consents to the creation of the district or to the inclusion of land
126	126	in the district.
127	127	Sec. 7920A.0306. DIVISION OF DISTRICT. (a) The district
128	128	may be divided into two or more new districts only if the district:
129	129	(1) has no outstanding bonded debt; and
130	130	(2) is not imposing ad valorem taxes.
131	131	(b) This chapter applies to any new district created by
132	132	division of the district, and a new district has all the powers and
133	133	duties of the district.
134	134	(c) A new district created by the division of the district
135	135	may not, at the time the new district is created, contain any land
136	136	outside the area described by Section 2 of the Act enacting this
137	137	chapter.
138	138	(d) The board, on its own motion or on receipt of a petition
139	139	signed by the owner or owners of a majority of the assessed value of
140	140	the real property in the district, may adopt an order dividing the
141	141	district.
142	142	(e) The board may adopt an order dividing the district
143	143	before or after the date the board holds an election under Section
144	144	7920A.0103 to confirm the district's creation.
145	145	(f) An order dividing the district shall:
146	146	(1) name each new district;
147	147	(2) include the metes and bounds description of the
148	148	territory of each new district;
149	149	(3) appoint temporary directors for each new district;
150	150	and
151	151	(4) provide for the division of assets and liabilities
152	152	between the new districts.
153	153	(g) On or before the 30th day after the date of adoption of
154	154	an order dividing the district, the district shall file the order
155	155	with the commission and record the order in the real property
156	156	records of each county in which the district is located.
157	157	(h) A new district created by the division of the district
158	158	shall hold a confirmation and directors' election as required by
159	159	Section 7920A.0103. If the voters of a new district do not confirm
160	160	the creation of the new district, the assets, obligations,
161	161	territory, and governance of the new district revert to the
162	162	original district.
163	163	(i) If the creation of the new district is confirmed, the
164	164	new district shall provide the election date and results to the
165	165	commission.
166	166	(j) A new district created by the division of the district
167	167	must hold an election as required by this chapter to obtain voter
168	168	approval before the district may impose a maintenance tax or issue
169	169	bonds payable wholly or partly from ad valorem taxes.
170	170	(k) Municipal consent to the creation of the district and to
171	171	the inclusion of land in the district granted under Section
172	172	7920A.0104 acts as municipal consent to the creation of any new
173	173	district created by the division of the district and to the
174	174	inclusion of land in the new district.
175	175	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
176	176	Sec. 7920A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
177	177	The district may issue, without an election, bonds and other
178	178	obligations secured by:
179	179	(1) revenue other than ad valorem taxes; or
180	180	(2) contract payments described by Section
181	181	7920A.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. 7920A.0402. OPERATION AND MAINTENANCE TAX. (a) If
191	191	authorized at an election held under Section 7920A.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. 7920A.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. 7920A.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. 7920A.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. 7920A.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 Heritage Ranch Municipal Utility District
225	225	No. 1 of Grayson County initially includes all the territory
226	226	contained in the following area:
227	227	FIELD NOTES
228	228	173.916 Acres
229	229	SITUATED in the County of Grayson, State of Texas, and being a
230	230	part of the Uriah Burns Survey, Abstract No. 121, and John Jennings
231	231	Survey, Abstract No. 647, and being part of the 184.50 acre tract of
232	232	land conveyed by Warranty Deed with Vendor's Lien from John H.
233	233	Becker, Jr., Trustee, and Amy H. Fennell, Co-Trustee of the Hugh L.
234	234	Head, Jr., Revocable Trust, to TPJ Properties, LTD, on February 15,
235	235	2002, recorded in Volume 3203, Page 464, Official Public Records,
236	236	Grayson County, Texas, and being more particularly described by
237	237	metes and bounds as follows, to-wit:
238	238	BEGINNING at a spike nail found in or near the center of
239	239	Plainview Road, an Ell corner of said Burns Survey, the Southwest
240	240	corner of the Alexander and Richards Survey, Abstract No. 42, the
241	241	Northwest comer of said TPJ 184.50 ac., the East line of Heritage
242	242	Ranch Land Holdings, LTD 254.489 acre tract of land, recorded in
243	243	Instrument No. 2020-19193, said Official Public Records, Grayson
244	244	County, Texas, the Southwest corner of Astoria Homes, LLC 100.832
245	245	acre tract of land (Tract I), recorded in Instrument
246	246	No. 2020-30762, said Official Public Records, Grayson County,
247	247	Texas, the Northwest comer of the herein described tract;
248	248	THENCE South 88 deg. 00 min. 43 sec. East, with the North
249	249	lines of both said Burns Survey and TPJ 184.50 ac., the South lines
250	250	of both said Richards Survey and Astoria 100.832 ac., a distance of
251	251	1,495.81 ft. to a point at the Northwest comer of BMT Global, LLC
252	252	37.08 acre tract of land (Tract Two), recorded in Instrument
253	253	No. 2018-12534, said Official Public Records, Grayson County,
254	254	Texas, an Ell corner of said Burns Survey, the South line of said
255	255	Richards Survey, the Northwest corner of said Jennings Survey, the
256	256	most Northerly Northeast comer of both said TPJ 184.50 ac. and the
257	257	herein described tract;
258	258	THENCE South 01 deg. 25 min. 51 sec. West, with East lines of
259	259	both said Burns Survey and TPJ 184.50 ac., the West line of both
260	260	said Jennings Survey and BMT 37.08 ac., a distance of 1,687.83 ft.
261	261	to a 1/2 inch rebar found on the East line of said Burns Survey, the
262	262	West line of said Jennings Survey, the Southwest corner of Melissa
263	263	Smith Murray, et al "called" 58.42 acre tract of land, recorded in
264	264	Volume 4413, Page 186, said Official Public Records, Grayson
265	265	County, Texas, an Ell comer of both said TPJ 184.50 ac. and the
266	266	herein described tract;
267	267	THENCE South 88 deg. 22 min. 24 sec. East, with a North line
268	268	of said TPJ 184.50 ac., the South line of said Murray 58.42 ac., a
269	269	distance of 1,909.01 ft. to a 1/2 inch rebar found at the Northwest
270	270	corner of Legacy Title Holding Corp. 9.71 acre tract of land,
271	271	recorded in Volume 5581, Page 396, said Official Public Records,
272	272	Grayson County, Texas, the South line of said Murray 58.42 ac., the
273	273	most Southerly Northeast corner of both said TPJ 184.50 ac. and the
274	274	herein described tract;
275	275	THENCE South 25 deg. 37 min. 12 sec. East, with an East line
276	276	of said TPJ 184.50 ac., the West line of said Legacy 9.71 ac., a
277	277	distance of 1,234.96 ft. to a concrete nail found in or near the
278	278	center of Canyon Grove Road, the South line of said Jennings Survey,
279	279	the North line of the J. B. McAnair Survey, Abstract No. 763, the
280	280	Southwest corner of said Legacy 9.71 ac., the Southeast comer of
281	281	both said TPJ 184.50 ac. and the herein described tract;
282	282	THENCE South 75 deg. 51 min. 38 sec. West, with or near the
283	283	center of said Canyon Grove Road, the South line of said Jennings
284	284	Survey, the North line of said McAnair Survey, a South line of said
285	285	TPJ 184.50 ac., a distance of 1,284.66 ft. to a point at an Ell comer
286	286	of said TPJ 184.50 ac. and the herein described tract;
287	287	THENCE North 03 deg. 51 min. 00 sec. West, continuing with a
288	288	South line of said TPJ 184.50 ac., a distance of 17.20 ft. to a point
289	289	at an Ell comer of both said TPJ 184.50 ac. and the herein described
290	290	tract;
291	291	THENCE South 75 deg. 46 min. 55 sec. West, continuing with a
292	292	South line of said TPJ 184.50 ac., a distance of 778.89 ft. to a
293	293	point at the intersection of the North right-of-way line of U. S.
294	294	Highway No. 82 and said Canyon Grove Road, an angle point of both
295	295	said TPJ 184.50 ac., and the herein described tract;
296	296	THENCE Northwesterly, with a curve to the right having a
297	297	radius of 5,579.68 ft., a central angle of 04 deg. 45 min. 50 sec.,
298	298	(Chord Bears: North 86 deg. 01 min. 55 sec. West, 463.80 ft.) an arc
299	299	distance of 463.93 ft. to a point on the North right-of-way line of
300	300	said Highway 82, an angle point of both said TPJ 184.50 ac. and the
301	301	herein described tract;
302	302	THENCE North 83 deg. 39 min. 00 sec. West, continuing with the
303	303	North right-of-way line of said Highway 82, a South line of said TPJ
304	304	184.50 ac., a distance of 892.95 ft. to a point on the North
305	305	right-of-way line of said Highway 82, a South line of said TPJ
306	306	184.50 ac., the most Southerly Southwest corner of the herein
307	307	described tract;
308	308	THENCE North 01 deg. 03 min. 03 sec. East, over and across
309	309	said TPJ 184.50 ac., a distance of 798.17 ft. to a point at an Ell
310	310	corner of the herein described tract;
311	311	THENCE North 88 deg. 56 mm. 57 sec. West, continuing over and
312	312	across said TPJ 184.50 ac., a distance of 602.69 ft. to a point in or
313	313	near the center of said Plainview Road, the West line of said TPJ
314	314	184.50 ac., the East line of said Heritage 254.489 ac., the most
315	315	Northerly Southwest corner of the herein described tract;
316	316	THENCE North 01 deg. 03 min. 03 sec. East, with or near the
317	317	center of said Plainview Road, the West line of said TPJ 184.50 ac.,
318	318	the East line of said Heritage 254.489 ac., a distance of 2,455.35
319	319	ft. to the PLACE OF BEGINNING and containing 173.916 ACRES of land.
320	320	SECTION 3. (a) The legal notice of the intention to
321	321	introduce this Act, setting forth the general substance of this
322	322	Act, has been published as provided by law, and the notice and a
323	323	copy of this Act have been furnished to all persons, agencies,
324	324	officials, or entities to which they are required to be furnished
325	325	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
326	326	Government Code.
327	327	(b) The governor, one of the required recipients, has
328	328	submitted the notice and Act to the Texas Commission on
329	329	Environmental Quality.
330	330	(c) The Texas Commission on Environmental Quality has filed
331	331	its recommendations relating to this Act with the governor, the
332	332	lieutenant governor, and the speaker of the house of
333	333	representatives within the required time.
334	334	(d) All requirements of the constitution and laws of this
335	335	state and the rules and procedures of the legislature with respect
336	336	to the notice, introduction, and passage of this Act are fulfilled
337	337	and accomplished.
338	338	SECTION 4. (a) If this Act does not receive a two-thirds
339	339	vote of all the members elected to each house, Subchapter C, Chapter
340	340	7920A, Special District Local Laws Code, as added by Section 1 of
341	341	this Act, is amended by adding Section 7920A.0307 to read as
342	342	follows:
343	343	Sec. 7920A.0307. NO EMINENT DOMAIN POWER. The district may
344	344	not exercise the power of eminent domain.
345	345	(b) This section is not intended to be an expression of a
346	346	legislative interpretation of the requirements of Section 17(c),
347	347	Article I, Texas Constitution.
348	348	SECTION 5. This Act takes effect immediately if it receives
349	349	a vote of two-thirds of all the members elected to each house, as
350	350	provided by Section 39, Article III, Texas Constitution. If this
351	351	Act does not receive the vote necessary for immediate effect, this
352	352	Act takes effect September 1, 2021.