Texas 2021 - 87th Regular

Texas House Bill HB4598 Compare Versions

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

Old	New	Differences
1	1	87R10600 SGM-F
2	2	By: Vasut H.B. No. 4598
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. 80; 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 8152 to read as follows:
14	14	CHAPTER 8152. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 80
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8152.0101. 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. 80.
23	23	Sec. 8152.0102. 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. 8152.0103. 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. 8152.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	8152.0103 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. 8152.0105. 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. 8152.0106. 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. 8152.0201. 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 8152.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 8152.0202. TEMPORARY DIRECTORS. (a) The temporary
64	64	board consists of:
65	65	(1) Jason Keith;
66	66	(2) Michelle Cantone;
67	67	(3) Karin Eveslage;
68	68	(4) Naomi Eynon; and
69	69	(5) Peggy Bredehoft.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8152.0103; 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 8152.0103 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 8152.0103; 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. 8152.0301. 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. 8152.0302. 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. 8152.0303. 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. 8152.0304. 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. 8152.0305. 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. 8152.0401. 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 8152.0403.
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. 8152.0402. OPERATION AND MAINTENANCE TAX. (a) If
140	140	authorized at an election held under Section 8152.0401, 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. 8152.0403. 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. 8152.0501. 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. 8152.0502. 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. 8152.0503. 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. 80 initially includes all the territory contained in the
175	175	following area:
176	176	TRACT 1
177	177	Being 28.703 acres of land out of the Charles Hays Survey,
178	178	Section No. 8, Abstract No. 534, Brazoria County, Texas, being
179	179	29.749 acres, less, save, and except 1.046 acres, as described
180	180	below:
181	181	Being 29.749 acres of land, BEGINNING at a 3/4 inch diameter
182	182	iron pipe found for the southeast corner of a called 2.7475 Acre
183	183	tract (Brazoria County Clerk File No. 98-035620), with said corner
184	184	being in the westerly right-of-way line of State Highway No. 288
185	185	(width varies);
186	186	THENCE South 9 degrees 41 minutes 26 seconds East, a distance
187	187	of 884.06 feet to a point for corner;
188	188	THENCE South 86 degrees 6 minutes 0 seconds West, a distance
189	189	of 1218.88 feet to a point for corner;
190	190	THENCE North 4 degrees 59 minutes 49 seconds West, a distance
191	191	of 1241.56 feet to a point for corner;
192	192	THENCE North 86 degrees 25 minutes 46 seconds East, a
193	193	distance of 714.33 feet to a point for corner;
194	194	THENCE South 3 degrees 42 minutes 42 seconds East, a distance
195	195	of 357.17 feet to a point for corner;
196	196	THENCE North 86 degrees 10 minutes 0 seconds East, a distance
197	197	of 440.31 feet to the POINT OF BEGINNING and containing 29.749 acres
198	198	of land, more or less.
199	199	LESS, SAVE, AND EXCEPT 1.046 acres of land, as described
200	200	below:
201	201	COMMENCING at the 3/4 inch diameter iron rod found for the
202	202	northwest corner of said 29.749 acre tract in the southerly
203	203	right-of-way of State Farm to Market Highway No. 1462 (FM 1462);
204	204	Thence South 4 Degrees 28 Minutes 30 Seconds East , a distance of
205	205	419.00 feet along the westerly line of said 29.749 acre tract to a
206	206	one inch outside diameter iron pipe found for reference; Thence
207	207	North 85 degrees 31 Minutes 30 Seconds East a distance of 40.29 feet
208	208	to a 3/8 inch iron rod found for the northwest corner and POINT OF
209	209	BEGINNING for this 1.046 acre tract:
210	210	THENCE South 64 degrees 29 minutes 18 seconds East, a
211	211	distance of 130.00, to a point for corner;
212	212	THENCE North 85 degrees 30 minutes 42 seconds East, a
213	213	distance of 147.22, to a point for corner;
214	214	THENCE South 4 degrees 29 minutes 18 seconds East, a distance
215	215	of 105.00, to a point for corner;
216	216	THENCE South 85 degrees 30 minutes 42 seconds West, a
217	217	distance of 34.64, to a point for corner;
218	218	THENCE South 55 degrees 30 minutes 42 seconds West, a
219	219	distance of 260.00 feet, to a point for corner;
220	220	THENCE North 4 degrees 29 minutes 18 seconds West, a distance
221	221	of 300.00 feet to the POINT OF BEGINNING or herein described 1.046
222	222	acre tract, which is save and excepted from the overall
223	223	description, leaving 28.703 net acres of land.
224	224	TRACT 2
225	225	Being 74.337 acres of land in the H.T. & B. Railroad Company
226	226	Survey, Section No. 9, Abstract No. 238 and the Charles M. Hayes
227	227	Survey (H.T.&B. Railroad Company Survey, Section No. 8), Abstract
228	228	No. 534, Brazoria County, Texas, as described below:
229	229	BEGINNING at a concrete monument found in the westerly
230	230	right-of-way line of State Highway No. 288 (SH288) (width varies)
231	231	and being the northeast corner of a called 74.33 acre tract (Tract
232	232	I, Brazoria County Clerk File No. 03-064681);
233	233	THENCE southeasterly, along the westerly right-of-way of
234	234	SH288, South 5 degrees 49 minutes 2 seconds East, a distance of
235	235	1947.71 feet to a concrete monument found for corner;
236	236	THENCE southeasterly along the westerly right-of-way of
237	237	SH288 and a curve to the right, having a radius of 11249.16, a delta
238	238	angle of 2 degrees 17 minutes 57 seconds, and whose long chord bears
239	239	South 4 degrees 40 minutes 4 seconds East, a distance of 451.38 feet
240	240	to a point for corner;
241	241	THENCE southeasterly, along the westerly right-of-way of
242	242	SH288, South 3 degrees 31 minutes 5 seconds East, a distance of
243	243	190.13 feet, to a point for the southeast corner of said 74.337 acre
244	244	tract;
245	245	THENCE South 87 degrees 24 minutes 20 seconds West, a
246	246	distance of 1318.57 feet, to a point for the southwest corner of
247	247	said 74.337 acre tract;
248	248	THENCE North 2 degrees 28 minutes 16 seconds West, a distance
249	249	of 1673.38 feet, to a point for corner;
250	250	THENCE North 5 degrees 29 minutes 27 seconds West, a distance
251	251	of 263.30 feet, to a point for corner;
252	252	THENCE North 0 degrees 46 minutes 11 seconds East, a distance
253	253	of 550.12 feet, to a point for corner;
254	254	THENCE North 33 degrees 26 minutes 58 seconds East, a
255	255	distance of 99.38 feet, to a point for corner;
256	256	THENCE North 86 degrees 22 minutes 28 seconds East, a
257	257	distance of 1108.80 feet, to the POINT OF BEGINNING and containing
258	258	74.337 acres of land, more or less.
259	259	TRACT 3
260	260	Being 60.32 acres of land out of Lots 6 and 7 of the Bogart and
261	261	Taylor subdivision of the west 1/2 of the W.D.C. Hall League,
262	262	Abstract 69 according to the plat recorded in Volume 1, Page 64 of
263	263	the Map Records of Brazoria County (B.C.M.R.), Texas, and being
264	264	more particularly described by metes and bounds as follows:
265	265	BEGINNING at a found 1/2" iron rod with a cap in the northeast
266	266	corner of Lot 7, said point being in the south lines of that called
267	267	74.33 acre tract described by deed recorded in BCCF No. 03-064681
268	268	(therein called "Tract 1") out of the CM Hays Survey, Section 8,
269	269	A-534, with said point also being the northeast corner of this tract
270	270	on the west right-of-way line of State Highway 288 and the point of
271	271	beginning;
272	272	THENCE, S 03°00'50'' E, along the west right-of-way line of
273	273	State Highway 288, a distance of 2,622.00 feet to a set 1/2" iron
274	274	rod with cap for the southeast corner of this tract on the north
275	275	right-of-way line of Adams Road / County Road 841, a public road,
276	276	presently unopened;
277	277	THENCE S 86°57'02'' W, along the north right-of-way line of
278	278	Adams Road, a distance of 1,000.00 feet for the southwest corner of
279	279	this tract, said point also being located in the south lines of Lot
280	280	6;
281	281	THENCE N 03°00'50'' W, a distance of 2,633.04 feet for the
282	282	northwest corner of this tract, said point being in the said south
283	283	lines of the 74.33 acre tract;
284	284	THENCE N 87°35'00'' E, along the north line of Lots 6 and 7,
285	285	same being the said south lines of 74.33 acre tract, a distance of
286	286	1,000.05 feet to the point of beginning and containing 60.32 acres
287	287	of land, more or less, and being a part of the same property
288	288	described in the deed "Tract B" as described in the Clerk's File
289	289	No. 2008-037928 of Brazoria County, Texas, to which deed and the
290	290	record thereof reference is here made for all appropriate purposes.
291	291	TRACT 4
292	292	Being 61.01 acres of land out of Lots 8 and 9 of the Bogart and
293	293	Taylor subdivision of the west 1/2 of the W.D.C. Hall League,
294	294	Abstract 69 according to the plat recorded in Volume 1, Page 64 of
295	295	the Map Records of Brazoria County, Texas (B.C.M.R), and being more
296	296	particularly described by metes and bounds as follows:
297	297	BEGINNING at a set 1/2" iron rod with a cap in the northeast
298	298	corner of Lot 8, set on the south right-of way line of Adams Road /
299	299	County Road 841, a public road, presently unopened, for the
300	300	northeast corner of this tract on the west right-of-way line of
301	301	State Highway 288 and the point of beginning;
302	302	THENCE, S 03°00'50'' E, along the west right-of-way line of
303	303	State Highway 288, a distance of 2,657.53 feet to the southeast
304	304	corner of this tract, said point lying in the centerline of Ditch
305	305	316-00-00 as recorded in Iowa Colony Drainage District No. 5;
306	306	THENCE S 86°57'14'' W, along said Ditch 316-00-00, same being
307	307	the south lines of Lots 8 and 9, a distance of 1,000.00 feet for the
308	308	southwest corner of this tract;
309	309	THENCE N 03°00'50'' W, a distance of 2,657.47 feet for the
310	310	northwest corner of this tract, said point being in the aforesaid
311	311	south line of the public road;
312	312	THENCE N 86°57'02'' E, along the north line of Lots 8 and 9,
313	313	same being the said south line of the public road, a distance of
314	314	1,000.00 feet to the point of beginning and containing 61.01 acres
315	315	of land, more or less, and being a part of the same property
316	316	described in the deed "Tract B" as described in the Clerk's File
317	317	No. 2008-037928 of Brazoria County, Texas, to which deed and the
318	318	record thereof reference is here made for all appropriate purposes.
319	319	SECTION 3. (a) The legal notice of the intention to
320	320	introduce this Act, setting forth the general substance of this
321	321	Act, has been published as provided by law, and the notice and a
322	322	copy of this Act have been furnished to all persons, agencies,
323	323	officials, or entities to which they are required to be furnished
324	324	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
325	325	Government Code.
326	326	(b) The governor, one of the required recipients, has
327	327	submitted the notice and Act to the Texas Commission on
328	328	Environmental Quality.
329	329	(c) The Texas Commission on Environmental Quality has filed
330	330	its recommendations relating to this Act with the governor, the
331	331	lieutenant governor, and the speaker of the house of
332	332	representatives within the required time.
333	333	(d) All requirements of the constitution and laws of this
334	334	state and the rules and procedures of the legislature with respect
335	335	to the notice, introduction, and passage of this Act are fulfilled
336	336	and accomplished.
337	337	SECTION 4. (a) If this Act does not receive a two-thirds
338	338	vote of all the members elected to each house, Subchapter C, Chapter
339	339	8152, Special District Local Laws Code, as added by Section 1 of
340	340	this Act, is amended by adding Section 8152.0306 to read as follows:
341	341	Sec. 8152.0306. NO EMINENT DOMAIN POWER. The district may
342	342	not exercise the power of eminent domain.
343	343	(b) This section is not intended to be an expression of a
344	344	legislative interpretation of the requirements of Section 17(c),
345	345	Article I, Texas Constitution.
346	346	SECTION 5. This Act takes effect immediately if it receives
347	347	a vote of two-thirds of all the members elected to each house, as
348	348	provided by Section 39, Article III, Texas Constitution. If this
349	349	Act does not receive the vote necessary for immediate effect, this
350	350	Act takes effect September 1, 2021.