Texas 2021 - 87th Regular

Texas House Bill HB4602 Compare Versions

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

Old	New	Differences
1	1	87R9545 MP-F
2	2	By: Stucky H.B. No. 4602
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Rocky Top Ranch Municipal Utility
8	8	District of Denton 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 7905 to read as follows:
14	14	CHAPTER 7905. ROCKY TOP RANCH MUNICIPAL UTILITY DISTRICT OF DENTON
15	15	COUNTY
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 7905.0101. 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 Rocky Top Ranch Municipal
23	23	Utility District of Denton County.
24	24	Sec. 7905.0102. 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. 7905.0103. 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. 7905.0104. CONSENT OF MUNICIPALITY REQUIRED. The
32	32	temporary directors may not hold an election under Section
33	33	7905.0103 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. 7905.0105. 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. 7905.0106. 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. 7905.0201. 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 7905.0202, directors
63	63	serve staggered four-year terms.
64	64	Sec. 7905.0202. TEMPORARY DIRECTORS. (a) On or after the
65	65	effective date of the Act enacting this chapter, the owner or owners
66	66	of a majority of the assessed value of the real property in the
67	67	district may submit a petition to the commission requesting that
68	68	the commission appoint as temporary directors the five persons
69	69	named in the petition. The commission shall appoint as temporary
70	70	directors the five persons named in the petition.
71	71	(b) Temporary directors serve until the earlier of:
72	72	(1) the date permanent directors are elected under
73	73	Section 7905.0103; 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 7905.0103 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 7905.0103; 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. 7905.0301. 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. 7905.0302. 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. 7905.0303. 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. 7905.0304. 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. 7905.0305. COMPLIANCE WITH MUNICIPAL CONSENT
121	121	ORDINANCE OR RESOLUTION. The district shall comply with all
122	122	applicable requirements of any ordinance or resolution that is
123	123	adopted under Section 54.016 or 54.0165, Water Code, and that
124	124	consents to the creation of the district or to the inclusion of land
125	125	in the district.
126	126	Sec. 7905.0306. DIVISION OF DISTRICT. (a) The district may
127	127	be divided into two or more new districts only if the district:
128	128	(1) has no outstanding bonded debt; and
129	129	(2) is not imposing ad valorem taxes.
130	130	(b) This chapter applies to any new district created by the
131	131	division of the district, and a new district has all the powers and
132	132	duties of the district.
133	133	(c) A new district created by the division of the district
134	134	may not, at the time the new district is created, contain any land
135	135	outside the area described by Section 2 of the Act enacting this
136	136	chapter.
137	137	(d) The board, on its own motion or on receipt of a petition
138	138	signed by the owner or owners of a majority of the assessed value of
139	139	the real property in the district, may adopt an order dividing the
140	140	district.
141	141	(e) The board may adopt an order dividing the district
142	142	before or after the date the board holds an election under Section
143	143	7905.0103 to confirm the district's creation.
144	144	(f) An order dividing the district shall:
145	145	(1) name each new district;
146	146	(2) include the metes and bounds description of the
147	147	territory of each new district;
148	148	(3) appoint temporary directors for each new district;
149	149	and
150	150	(4) provide for the division of assets and liabilities
151	151	between the new districts.
152	152	(g) On or before the 30th day after the date of adoption of
153	153	an order dividing the district, the district shall file the order
154	154	with the commission and record the order in the real property
155	155	records of each county in which the district is located.
156	156	(h) Any new district created by the division of the district
157	157	shall hold a confirmation and directors' election as required by
158	158	Section 7905.0103. If the voters of a new district do not confirm
159	159	the creation of the new district, the assets, obligations,
160	160	territory, and governance of the new district revert to the
161	161	original district.
162	162	(i) If the creation of the new district is confirmed, the
163	163	new district shall provide the election date and results to the
164	164	commission.
165	165	(j) Any new district created by the division of the district
166	166	must hold an election as required by this chapter to obtain voter
167	167	approval before the district may impose a maintenance tax or issue
168	168	bonds payable wholly or partly from ad valorem taxes.
169	169	(k) Municipal consent to the creation of the district and to
170	170	the inclusion of land in the district granted under Section
171	171	7905.0104 acts as municipal consent to the creation of any new
172	172	district created by the division of the district and to the
173	173	inclusion of land in the new district.
174	174	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
175	175	Sec. 7905.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
176	176	The district may issue, without an election, bonds and other
177	177	obligations secured by:
178	178	(1) revenue other than ad valorem taxes; or
179	179	(2) contract payments described by Section 7905.0403.
180	180	(b) The district must hold an election in the manner
181	181	provided by Chapters 49 and 54, Water Code, to obtain voter approval
182	182	before the district may impose an ad valorem tax or issue bonds
183	183	payable from ad valorem taxes.
184	184	(c) The district may not issue bonds payable from ad valorem
185	185	taxes to finance a road project unless the issuance is approved by a
186	186	vote of a two-thirds majority of the district voters voting at an
187	187	election held for that purpose.
188	188	Sec. 7905.0402. OPERATION AND MAINTENANCE TAX. (a) If
189	189	authorized at an election held under Section 7905.0401, the
190	190	district may impose an operation and maintenance tax on taxable
191	191	property in the district in accordance with Section 49.107, Water
192	192	Code.
193	193	(b) The board shall determine the tax rate. The rate may not
194	194	exceed the rate approved at the election.
195	195	Sec. 7905.0403. CONTRACT TAXES. (a) In accordance with
196	196	Section 49.108, Water Code, the district may impose a tax other than
197	197	an operation and maintenance tax and use the revenue derived from
198	198	the tax to make payments under a contract after the provisions of
199	199	the contract have been approved by a majority of the district voters
200	200	voting at an election held for that purpose.
201	201	(b) A contract approved by the district voters may contain a
202	202	provision stating that the contract may be modified or amended by
203	203	the board without further voter approval.
204	204	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
205	205	Sec. 7905.0501. AUTHORITY TO ISSUE BONDS AND OTHER
206	206	OBLIGATIONS. The district may issue bonds or other obligations
207	207	payable wholly or partly from ad valorem taxes, impact fees,
208	208	revenue, contract payments, grants, or other district money, or any
209	209	combination of those sources, to pay for any authorized district
210	210	purpose.
211	211	Sec. 7905.0502. TAXES FOR BONDS. At the time the district
212	212	issues bonds payable wholly or partly from ad valorem taxes, the
213	213	board shall provide for the annual imposition of a continuing
214	214	direct ad valorem tax, without limit as to rate or amount, while all
215	215	or part of the bonds are outstanding as required and in the manner
216	216	provided by Sections 54.601 and 54.602, Water Code.
217	217	Sec. 7905.0503. BONDS FOR ROAD PROJECTS. At the time of
218	218	issuance, the total principal amount of bonds or other obligations
219	219	issued or incurred to finance road projects and payable from ad
220	220	valorem taxes may not exceed one-fourth of the assessed value of the
221	221	real property in the district.
222	222	SECTION 2. Rocky Top Ranch Municipal Utility District of
223	223	Denton County initially includes all the territory contained in the
224	224	following area:
225	225	Tract 1:
226	226	BEING A 152.226 ACRE TRACT OF LAND SITUATED IN THE JOHN B. CRAWFORD
227	227	SURVEY, ABSTRACT NO. 224, DENTON COUNTY, TEXAS, AND BEING ALL OF A
228	228	CALLED 60.030 ACRE TRACT OF LAND CONVEYED TO GARLAND R. BOYD, AS
229	229	RECORDED IN VOLUME 2715, PAGE 650, OFFICIAL PUBLIC RECORDS, DENTON
230	230	COUNTY, TEXAS, AND THE REMAINING PORTION OF A CALLED 115.3885 ACRE
231	231	TRACT OF LAND CONVEYED TO GARLAND R. BOYD AND JOSEPHINE BOYD, AS
232	232	RECORDED IN VOLUME 1483, PAGE 250, REAL PROPERTY RECORDS, DENTON
233	233	COUNTY, TEXAS. SAID 152.226 ACRE TRACT BEING MORE PARTICULARLY
234	234	DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
235	235	BEGINNING AT A 1/2" CAPPED IRON ROD STAMPED "TRANSGLOBAL SERVICES"
236	236	SET FOR THE NORTHWEST CORNER OF SAID 152.226 ACRE TRACT, FROM WHICH
237	237	A 1/2" IRON ROD FOUND BEARS S 89°57'04" W, A DISTANCE OF 1302.00
238	238	FEET. SAID 1/2" CAPPED IRON ROD STAMPED "TRANSGLOBAL SERVICES"
239	239	BEING CALLED THE POINT OF BEGINNING AND HAVING A TEXAS COORDINATE
240	240	SYSTEM OF 1983, TEXAS NORTH CENTRAL ZONE (4202), STATE PLANE
241	241	COORDINATE OF N:7140353.10, E:2323847.58 FEET, FOR REFERENCE.
242	242	THENCE, N 89°57'04" E, A DISTANCE OF 1056.17 FEET TO A 1/2" CAPPED
243	243	IRON ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR CORNER ON THE NORTH
244	244	LINE OF SAID 152.226 ACRE TRACT;
245	245	THENCE, N 89°57'04" E, A DISTANCE OF 777.30 FEET TO A 1/2" CAPPED
246	246	IRON ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR CORNER ON THE NORTH
247	247	LINE OF SAID 152.226 ACRE TRACT;
248	248	THENCE, S 07°20'11" E, A DISTANCE OF 23.45 FEET TO A FENCE CORNER
249	249	POST FOUND FOR CORNER OF SAID 152.226 ACRE TRACT;
250	250	THENCE, S 89°44'52" E, A DISTANCE OF 834.84 FEET TO A 1/2" CAPPED
251	251	IRON ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR THE NORTHEAST
252	252	CORNER OF SAID 152.226 ACRE TRACT;
253	253	THENCE, S 00°24'16" W, A DISTANCE OF 2474.53 FEET TO A 1/2" CAPPED
254	254	IRON ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR THE SOUTHEAST
255	255	CORNER OF SAID 152.226 ACRE TRACT ON THE NORTH LINE OF JACKSON ROAD;
256	256	THENCE WITH THE SOUTH LINE OF SAID 152.226 ACRE TRACT THE FOLLOWING
257	257	COURSES AND DISTANCES:
258	258	N 89°34'11" W, ALONG THE NORTH LINE OF JACKSON ROAD, A
259	259	DISTANCE OF 167.02 FEET TO A BENT 1" IRON ROD FOUND FOR
260	260	CORNER;
261	261	S 00°29'47" W, OVER AND ACROSS SAID JACKSON ROAD, A DISTANCE
262	262	OF 40.00 FEET TO A 1/2" CAPPED IRON ROD STAMPED "TRANSGLOBAL
263	263	SERVICES" SET FOR AN ANGLE POINT OF SAID 152.226 ACRE TRACT;
264	264	N 89°10'42" W, A DISTANCE OF 400.35 FEET TO A 1/2" CAPPED IRON
265	265	ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR CORNER;
266	266	N 00°29'47" E, OVER AND ACROSS SAID JACKSON ROAD, A DISTANCE
267	267	OF 40.00 FEET TO A 5/8" IRON ROD FOUND FOR CORNER ON THE NORTH
268	268	LINE OF JACKSON ROAD;
269	269	N 89°13'48" W, ALONG THE NORTH LINE OF SAID JACKSON ROAD, A
270	270	DISTANCE OF 1046.07 FEET TO A FENCE CORNER POST FOR CORNER;
271	271	N 89°37'45" W, CONTINUING ALONG THE NORTH LINE OF JACKSON
272	272	ROAD, A DISTANCE OF 1055.80 FEET TO FENCE POST FOUND FOR
273	273	THE SOUTHWEST CORNER OF SAID 152.226 ACRE TRACT;
274	274	THENCE, N 00°21'12" E, DEPARTING SAID NORTH LINE OF JACKSON ROAD,
275	275	WITH THE WEST LINE OF SAID 152.226 ACRE TRACT, A DISTANCE OF 2471.99
276	276	FEET TO THE POINT OF BEGINNING, CONTAINING 152.226 ACRES OR
277	277	6,630,966 SQUARE FEET OF LAND, MORE OR LESS.
278	278	Tract 2:
279	279	BEING A 247.889 ACRE TRACT OF LAND SITUATED IN THE JOHN B. CRAWFORD
280	280	SURVEY, ABSTRACT NO. 224, DENTON COUNTY, TEXAS, AND BEING ALL OF A
281	281	CALLED 247.194 ACRE TRACT OF LAND CONVEYED TO BORUCH FRISHMAN AS
282	282	RECORDED IN VOLUME 1282, PAGE 412, OFFICIAL PUBLIC RECORDS, DENTON
283	283	COUNTY, TEXAS. SAID 247.889 ACRE TRACT BEING MORE PARTICULARLY
284	284	DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
285	285	BEGINNING AT A 1/2" CAPPED IRON ROD STAMPED "TRANSGLOBAL SERVICES"
286	286	SET FOR THE SOUTHWEST CORNER OF SAID 247.889 ACRE TRACT, FROM WHICH
287	287	A 1/2" IRON ROD FOUND BEARS S 89°57'04" W, A DISTANCE OF 1597.05
288	288	FEET. SAID 1/2" CAPPED IRON ROD STAMPED "TRANSGLOBAL SERVICES"
289	289	BEING CALLED THE POINT OF BEGINNING AND HAVING A TEXAS COORDINATE
290	290	SYSTEM OF 1983, TEXAS NORTH CENTRAL ZONE (4202), STATE PLANE
291	291	COORDINATE OF N: 7140353.35, E: 2324142.63 FEET, FOR REFERENCE.
292	292	THENCE FROM SAID POINT OF BEGINNING, N 00°12'15" W, A DISTANCE OF
293	293	2466.89 FEET TO A 1/2" CAPPED IRON ROD STAMPED "TRANSGLOBAL
294	294	SERVICES" SET FOR THE NORTHWEST CORNER OF SAID 247.889 ACRE TRACT;
295	295	THENCE, S 89°45'15" E, A DISTANCE OF 3170.12 FEET TO A 1/2" IRON PIPE
296	296	FOUND FOR CORNER OF SAID 247.889 ACRE TRACT;
297	297	THENCE, S 00°24'01" W, A DISTANCE OF 603.03 FEET TO A FENCE CORNER
298	298	POST FOUND FOR CORNER OF SAID 247.889 ACRE TRACT, FROM WHICH A 1/2"
299	299	IRON ROD FOUND BEARS S 04°21'04" E, A DISTANCE OF 0.28 FEET;
300	300	THENCE, S 89°30'52" E, A DISTANCE OF 1623.61 FEET TO A 1/2" CAPPED
301	301	IRON ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR CORNER OF SAID
302	302	247.889 ACRE TRACT AND BEING IN RIPY ROAD, FROM WHICH AN IRON ROD
303	303	FOUND BEARS N 00°07'28" W, A DISTANCE OF 604.87 FEET;
304	304	THENCE, S 00°06'47" E, ALONG SAID RIPY ROAD, A DISTANCE OF 1832.41
305	305	FEET TO A 1/2" CAPPED IRON ROD STAMPED "TRANSGLOBAL SERVICES" SET
306	306	FOR THE SOUTHEAST CORNER OF SAID 247.889 ACRE TRACT IN RIPY ROAD;
307	307	THENCE WITH THE SOUTH LINE OF SAID 247.889 ACRE TRACT THE FOLLOWING
308	308	COURSES AND DISTANCES:
309	309	S 89°57'04" W, A DISTANCE OF 2002.33 FEET TO A 1/2" CAPPED IRON
310	310	ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR CORNER OF SAID
311	311	247.889 ACRE TRACT;
312	312	S 01°21'57" W, A DISTANCE OF 29.78 FEET TO A FENCE CORNER POST
313	313	FOUND FOR CORNER OF SAID 247.889 ACRE TRACT;
314	314	N 89°44'52" W, A DISTANCE OF 1239.81 FEET TO A FENCE CORNER
315	315	POST FOUND FOR CORNER OF SAID 247.889 ACRE TRACT;
316	316	N 07°20'11" W, A DISTANCE OF 23.45 FEET TO A 1/2" CAPPED IRON
317	317	ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR CORNER OF SAID
318	318	247.889 ACRE TRACT;
319	319	THENCE, S 89°57'04" W, CONTINUING WITH THE SOUTH LINE OF SAID
320	320	247.889 ACRE TRACT A DISTANCE OF 1538.42 FEET TO TO THE POINT OF
321	321	BEGINNING, CONTAINING 247.889 ACRES OR 10,798,024 SQUARE FEET OF
322	322	LAND, MORE OR LESS.
323	323	SECTION 3. (a) The legal notice of the intention to
324	324	introduce this Act, setting forth the general substance of this
325	325	Act, has been published as provided by law, and the notice and a
326	326	copy of this Act have been furnished to all persons, agencies,
327	327	officials, or entities to which they are required to be furnished
328	328	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
329	329	Government Code.
330	330	(b) The governor, one of the required recipients, has
331	331	submitted the notice and Act to the Texas Commission on
332	332	Environmental Quality.
333	333	(c) The Texas Commission on Environmental Quality has filed
334	334	its recommendations relating to this Act with the governor, the
335	335	lieutenant governor, and the speaker of the house of
336	336	representatives within the required time.
337	337	(d) All requirements of the constitution and laws of this
338	338	state and the rules and procedures of the legislature with respect
339	339	to the notice, introduction, and passage of this Act are fulfilled
340	340	and accomplished.
341	341	SECTION 4. (a) If this Act does not receive a two-thirds
342	342	vote of all the members elected to each house, Subchapter C, Chapter
343	343	7905, Special District Local Laws Code, as added by Section 1 of
344	344	this Act, is amended by adding Section 7905.0307 to read as follows:
345	345	Sec. 7905.0307. NO EMINENT DOMAIN POWER. The district may
346	346	not exercise the power of eminent domain.
347	347	(b) This section is not intended to be an expression of a
348	348	legislative interpretation of the requirements of Section 17(c),
349	349	Article I, Texas Constitution.
350	350	SECTION 5. This Act takes effect immediately if it receives
351	351	a vote of two-thirds of all the members elected to each house, as
352	352	provided by Section 39, Article III, Texas Constitution. If this
353	353	Act does not receive the vote necessary for immediate effect, this
354	354	Act takes effect September 1, 2021.