Texas 2021 - 87th Regular

Texas House Bill HB4646 Compare Versions

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1-H.B. No. 4646
1+By: Rodriguez (Senate Sponsor - Zaffirini) H.B. No. 4646
2+ (In the Senate - Received from the House May 10, 2021;
3+ May 10, 2021, read first time and referred to Committee on Local
4+ Government; May 20, 2021, reported adversely, with favorable
5+ Committee Substitute by the following vote: Yeas 9, Nays 0;
6+ May 20, 2021, sent to printer.)
7+Click here to see the committee vote
8+ COMMITTEE SUBSTITUTE FOR H.B. No. 4646 By: Zaffirini
29
310
11+ A BILL TO BE ENTITLED
412 AN ACT
513 relating to the creation of the Creedmoor Municipal Utility
614 District; granting a limited power of eminent domain; providing
715 authority to issue bonds; providing authority to impose
816 assessments, fees, and taxes.
917 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1018 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1119 Code, is amended by adding Chapter 7951A to read as follows:
1220 CHAPTER 7951A. CREEDMOOR MUNICIPAL UTILITY DISTRICT
1321 SUBCHAPTER A. GENERAL PROVISIONS
1422 Sec. 7951A.0101. DEFINITIONS. In this chapter:
1523 (1) "Board" means the district's board of directors.
1624 (2) "Commission" means the Texas Commission on
1725 Environmental Quality.
1826 (3) "Director" means a board member.
1927 (4) "District" means the Creedmoor Municipal Utility
2028 District.
2129 Sec. 7951A.0102. NATURE OF DISTRICT. The district is a
2230 municipal utility district created under Section 59, Article XVI,
2331 Texas Constitution.
2432 Sec. 7951A.0103. CONFIRMATION AND DIRECTOR ELECTION
2533 REQUIRED. The temporary directors shall hold an election to
2634 confirm the creation of the district and to elect five permanent
2735 directors as provided by Section 49.102, Water Code.
2836 Sec. 7951A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
2937 temporary directors may not hold an election under Section
3038 7951A.0103 until each municipality in whose corporate limits or
3139 extraterritorial jurisdiction the district is located has
3240 consented by ordinance or resolution to the creation of the
3341 district and to the inclusion of land in the district.
3442 Sec. 7951A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3543 (a) The district is created to serve a public purpose and benefit.
3644 (b) The district is created to accomplish the purposes of:
3745 (1) a municipal utility district as provided by
3846 general law and Section 59, Article XVI, Texas Constitution; and
3947 (2) Section 52, Article III, Texas Constitution, that
4048 relate to the construction, acquisition, improvement, operation,
4149 or maintenance of macadamized, graveled, or paved roads, or
4250 improvements, including storm drainage, in aid of those roads.
4351 Sec. 7951A.0106. INITIAL DISTRICT TERRITORY. (a) The
4452 district is initially composed of the territory described by
4553 Section 2 of the Act enacting this chapter.
4654 (b) The boundaries and field notes contained in Section 2 of
4755 the Act enacting this chapter form a closure. A mistake made in the
4856 field notes or in copying the field notes in the legislative process
4957 does not affect the district's:
5058 (1) organization, existence, or validity;
5159 (2) right to issue any type of bond for the purposes
5260 for which the district is created or to pay the principal of and
5361 interest on a bond;
5462 (3) right to impose a tax; or
5563 (4) legality or operation.
5664 SUBCHAPTER B. BOARD OF DIRECTORS
5765 Sec. 7951A.0201. GOVERNING BODY; TERMS. (a) The district
5866 is governed by a board of five elected directors.
5967 (b) Except as provided by Section 7951A.0202, directors
6068 serve staggered four-year terms.
6169 Sec. 7951A.0202. TEMPORARY DIRECTORS. (a) On or after the
6270 effective date of the Act enacting this chapter, the owner or owners
6371 of a majority of the assessed value of the real property in the
6472 district may submit a petition to the commission requesting that
6573 the commission appoint as temporary directors the five persons
6674 named in the petition. The commission shall appoint as temporary
6775 directors the five persons named in the petition.
6876 (b) Temporary directors serve until the earlier of:
6977 (1) the date permanent directors are elected under
7078 Section 7951A.0103; or
7179 (2) the fourth anniversary of the effective date of
7280 the Act enacting this chapter.
7381 (c) If permanent directors have not been elected under
7482 Section 7951A.0103 and the terms of the temporary directors have
7583 expired, successor temporary directors shall be appointed or
7684 reappointed as provided by Subsection (d) to serve terms that
7785 expire on the earlier of:
7886 (1) the date permanent directors are elected under
7987 Section 7951A.0103; or
8088 (2) the fourth anniversary of the date of the
8189 appointment or reappointment.
8290 (d) If Subsection (c) applies, the owner or owners of a
8391 majority of the assessed value of the real property in the district
8492 may submit a petition to the commission requesting that the
8593 commission appoint as successor temporary directors the five
8694 persons named in the petition. The commission shall appoint as
8795 successor temporary directors the five persons named in the
8896 petition.
8997 SUBCHAPTER C. POWERS AND DUTIES
9098 Sec. 7951A.0301. GENERAL POWERS AND DUTIES. The district
9199 has the powers and duties necessary to accomplish the purposes for
92100 which the district is created.
93101 Sec. 7951A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94102 DUTIES. The district has the powers and duties provided by the
95103 general law of this state, including Chapters 49 and 54, Water Code,
96104 applicable to municipal utility districts created under Section 59,
97105 Article XVI, Texas Constitution.
98106 Sec. 7951A.0303. AUTHORITY FOR ROAD PROJECTS. Under
99107 Section 52, Article III, Texas Constitution, the district may
100108 design, acquire, construct, finance, issue bonds for, improve,
101109 operate, maintain, and convey to this state, a county, or a
102110 municipality for operation and maintenance macadamized, graveled,
103111 or paved roads, or improvements, including storm drainage, in aid
104112 of those roads.
105113 Sec. 7951A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
106114 road project must meet all applicable construction standards,
107115 zoning and subdivision requirements, and regulations of each
108116 municipality in whose corporate limits or extraterritorial
109117 jurisdiction the road project is located.
110118 (b) If a road project is not located in the corporate limits
111119 or extraterritorial jurisdiction of a municipality, the road
112120 project must meet all applicable construction standards,
113121 subdivision requirements, and regulations of each county in which
114122 the road project is located.
115123 (c) If the state will maintain and operate the road, the
116124 Texas Transportation Commission must approve the plans and
117125 specifications of the road project.
118126 Sec. 7951A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
119127 ORDINANCE OR RESOLUTION. The district shall comply with all
120128 applicable requirements of any ordinance or resolution that is
121129 adopted under Section 54.016 or 54.0165, Water Code, and that
122130 consents to the creation of the district or to the inclusion of land
123131 in the district.
124132 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
125133 Sec. 7951A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
126134 The district may issue, without an election, bonds and other
127135 obligations secured by:
128136 (1) revenue other than ad valorem taxes; or
129137 (2) contract payments described by Section
130138 7951A.0403.
131139 (b) The district must hold an election in the manner
132140 provided by Chapters 49 and 54, Water Code, to obtain voter approval
133141 before the district may impose an ad valorem tax or issue bonds
134142 payable from ad valorem taxes.
135143 (c) The district may not issue bonds payable from ad valorem
136144 taxes to finance a road project unless the issuance is approved by a
137145 vote of a two-thirds majority of the district voters voting at an
138146 election held for that purpose.
139147 Sec. 7951A.0402. OPERATION AND MAINTENANCE TAX. (a) If
140148 authorized at an election held under Section 7951A.0401, the
141149 district may impose an operation and maintenance tax on taxable
142150 property in the district in accordance with Section 49.107, Water
143151 Code.
144152 (b) The board shall determine the tax rate. The rate may not
145153 exceed the rate approved at the election.
146154 Sec. 7951A.0403. CONTRACT TAXES. (a) In accordance with
147155 Section 49.108, Water Code, the district may impose a tax other than
148156 an operation and maintenance tax and use the revenue derived from
149157 the tax to make payments under a contract after the provisions of
150158 the contract have been approved by a majority of the district voters
151159 voting at an election held for that purpose.
152160 (b) A contract approved by the district voters may contain a
153161 provision stating that the contract may be modified or amended by
154162 the board without further voter approval.
155163 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
156164 Sec. 7951A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
157165 OBLIGATIONS. The district may issue bonds or other obligations
158166 payable wholly or partly from ad valorem taxes, impact fees,
159167 revenue, contract payments, grants, or other district money, or any
160168 combination of those sources, to pay for any authorized district
161169 purpose.
162170 Sec. 7951A.0502. TAXES FOR BONDS. At the time the district
163171 issues bonds payable wholly or partly from ad valorem taxes, the
164172 board shall provide for the annual imposition of a continuing
165173 direct ad valorem tax, without limit as to rate or amount, while all
166174 or part of the bonds are outstanding as required and in the manner
167175 provided by Sections 54.601 and 54.602, Water Code.
168176 Sec. 7951A.0503. BONDS FOR ROAD PROJECTS. At the time of
169177 issuance, the total principal amount of bonds or other obligations
170178 issued or incurred to finance road projects and payable from ad
171179 valorem taxes may not exceed one-fourth of the assessed value of the
172180 real property in the district.
173181 SECTION 2. The Creedmoor Municipal Utility District
174182 initially includes all the territory contained in the following
175183 area:
176184 TRACT I
177185 FIELDNOTE DESCRIPTION of a tract or parcel of land containing
178186 134.000 acres situated in the Elijah Caples League Survey No. 7,
179187 Abstract No. 155, Travis County, Texas, being a portion of that
180188 certain 148.94 acre tract, conveyed to C. L. Thomas Holdings, LLC as
181189 recorded in Document No. 2014173787 of the Official Public Records
182190 of Travis County, Texas; the said 134.000 acre tract is more
183191 particularly described by metes and bounds as follows:
184192 BEGINNING at a 1/2" iron pipe found for the northeast corner
185193 of the said 148.94 acre tract, same being the southeast corner of
186194 the remainder of that certain 74.8 acre tract, conveyed to Humbert
187195 R. Ventura by probate as recorded in Volume 12557, Page 35 of the
188196 Real Property Records of Travis County, Texas and being on the
189197 northwesterly line of that certain 22.325 acre tract described as
190198 Tract 3, conveyed to JMJ LLC as recorded in Document No. 2018066108
191199 of the said Official Public Records;
192200 THENCE, S42°13'26"W, leaving the southwesterly line of the
193201 said 74.8 acre tract, with the southeasterly line of the said 148.94
194202 acre tract and northwesterly line of the said Tract 3 and the
195203 northwesterly line of that certain 22.325 acre tract (Tract III)
196204 conveyed to JMJ LLC as recorded in Document No. 2017146247 of the
197205 said Official Public Records, for a distance of 2266.21 feet to a
198206 concrete monument found for the common southeast corner of the
199207 aforesaid 148.94 acre tract and the said 22.325 acre tract, on the
200208 existing northeasterly right-of-way line of Old Lockhart Road
201209 (right-of-way varies);
202210 THENCE, N63°07'05"E, leaving the northwesterly line of the
203211 said Tract III and with the southwesterly line of the said 148.94
204212 acre tract and the northeasterly right-of-way line of Old Lockhart
205213 Road, for a distance of 3685.69 feet to a 1/2" iron rod, with cap
206214 marked "Capital Surveying Co. Inc.", set;
207215 THENCE, N26°52'55"E, leaving the northeasterly right-of-way
208216 line of Old Lockhart Road, across the said 148.94 acre tract, for a
209217 distance of 704.72 feet to a 1/2" iron rod, with cap marked "Capital
210218 Surveying Co. Inc.", set on the northerly line of the said 148.94
211219 acre tract same being the southerly right-of-way line of State
212220 Highway 45 (SH 45) (right-of-way varies), as described to the State
213221 of Texas (47.679 acres - Parcel 714) in Document No. 2007143559 of
214222 the said Official Public Records, from which TxDOT brass disk found
215223 on the southerly right-of-way line bears N71°13'19"W, 146.00 feet;
216224 THENCE, with the common northerly line of the said 148.94
217225 acre tract and the southerly right-of-way line of SH 45, for the
218226 following seven (7) courses:
219227 1) S71°13'19"E, 50.52 feet to a TxDOT brass disk found;
220228 2) S74°24'20"E. 225.01 feet to a 1/2" iron rod, with cap
221229 marked "Capital Surveying Co. Inc.", set;
222230 3) S76°44'38"E, 237.76 feet to a TxDOT brass disk found for
223231 the point of curvature for a non-tangent curve to the left;
224232 4) With said non-tangent curve to the left, having a central
225233 angle of 24°35'52", a radius of 4174.50 feet, a chord distance of
226234 1778.43 (chord bears S85°28'34"E), passing a TxDOT brass disk found
227235 at an arc distance of 807.02, for a total arc distance 1792.16 feet
228236 to a TxDOT brass disk found for the point of tangency;
229237 5) N82°13'31"E, passing a TxDOT brass disk at 160.58 feet,
230238 for a total distance of 380.81 feet to a TxDOT brass disk found for
231239 the point of curvature for a non-tangent curve to the left;
232240 6) With said non-tangent curve to the left, having a central
233241 angle of 04°12'53", a radius of 12,000.00 feet, a chord distance of
234242 882.55 feet (chord bears N84°14'58"E), for an arc distance of 882.75
235243 feet to a TxDOT brass disk found for a point non-tangency;
236244 7) N56°45'06"E, 72.87 feet to a 1/2" iron rod, with TxDOT
237245 aluminum cap, found for the most easterly north corner of the said
238246 148.94 tract, same being the westerly corner of the remainder of
239247 that certain 0.682 acres, described as Tract 2, recorded in
240248 Document 2018156843 of the said Official Public Records;
241249 THENCE, S59°42'07"E, leaving the southerly right-of-way line
242250 of SH 45, with the common northeasterly line of the said 148.94 acre
243251 tract and the southwesterly line of the said 0.682 acre tract, for a
244252 distance of 277.84 feet to a 1/2" iron pipe found for the southeast
245253 corner of the said 0.682 acre tract and southwesterly corner of the
246254 aforesaid 74.8 acre tract;
247255 THENCE, S59°59'13"E, with the common northwesterly line of
248256 the said 148.94 acre tract and southwesterly line of the said 74.84
249257 acre tract, for a distance of 769.85 feet to the POINT OF BEGINNING,
250258 CONTAINING within these metes and bounds 134.000 acres of land
251259 area.
252260 Basis of Bearing is the Texas State Plane Coordinate System,
253261 Central Zone, NAD83 (Grid).
254262 TRACT II
255263 FIELDNOTE DESCRIPTION of a tract or parcel of land containing
256264 78.934 acres situated in the William P. Corbin League Survey,
257265 Abstract No. 159, Travis County, Texas, being the remainder of that
258266 87 acre tract, described as Tracts 1, 2 and 3 in the deed conveyed to
259267 Veleria Graef Hohertz and Arlon Wayne Graef as recorded in Document
260268 No. 2017122621 of the Official Public Records of Travis County,
261269 Texas; the said 78.934 acre tract is more particularly described by
262270 metes and bounds as follows:
263271 BEGINNING at a 1/2" iron rod, without cap, found for the
264272 southeast corner of the herein described tract, same being the
265273 southwest corner of that 2.728 acre tract conveyed to George A.
266274 Soria by deed recorded in Volume 10335, Page 141 of the Real
267275 Property Records of Travis County, Texas, and a point on the
268276 existing northerly right-of-way line of Turnersville Road
269277 (right-of-way varies);
270278 THENCE, N62°19'41"W, leaving the westerly line of the said
271279 2.728 acre tract, with the common southerly line of the said 87 acre
272280 tract and northerly right-of-way line of Turnersville Road, for a
273281 distance of 1136.36 feet to a 1/2" iron rod, with cap, found for the
274282 southeast corner of that 1.82 acre tract conveyed to Richard A.
275283 Schmidt by deed recorded in Document No. 2019020106 of the said
276284 Official Public Records;
277285 THENCE, N00°29'43"W, leaving the northerly right-of-way line
278286 of Turnersville Road, across the said remainder of the 87 acre
279287 tract, with the easterly line of the said 1.82 acre tract, for a
280288 distance of 421.83 feet to a calculated point.for the northeast
281289 corner of the aforesaid 1.82 acre tract, being the southeast corner
282290 of that 2.18 acre remainder of that 4.0 acre tract conveyed to
283291 Robert A. Schmidt by deed recorded in Document No. 2019017058 of
284292 the said Official Public Records;
285293 THENCE, N00°29'43"W, leaving the northerly line of the said
286294 1.82 acre tract and continuing across the said 87 acre tract, with
287295 the easterly line of the said 2.18 acre tract, for a distance of
288296 195.16 feet to a 1/2" iron pipe found for the northeast corner of
289297 the aforesaid 2.18 acre tract, same being in the southerly line of
290298 that 2.50 acre tract (Remainder of 4.00 acre Tracts 1 and 2),
291299 conveyed to Jorge Ruiz Sanchez by deed recorded in Document
292300 No. 2006008601 of the said Official Public Records;
293301 THENCE, leaving the southerly line of the said 2.18 tract,
294302 and continuing across the said 87 acre tract, with the southerly and
295303 easterly line of the said 2.50 acre tract, for the following three
296304 (3) courses
297305 1) S65°36'06"E, 41.42 feet to a 1/2" iron rod pipe found for
298306 the most southerly corner of the aforesaid 2.50 acre tract;
299307 2) N12°03'22"E, 311.02 feet to a fence post for an angle
300308 point;
301309 3) N03°45'59"E, 91.37 feet to a 1/2" iron pin found, no cap,
302310 for the northeast corner of the aforesaid 2.50 acre tract, same
303311 being the southwest corner of that 1.50 acre tract conveyed to
304312 Valentin Benitez-Benitez by deed recorded in Document
305313 No. 2014109464 of the said Official Public Records;
306314 THENCE, leaving the northerly line of the said 2.50 acre
307315 tract, across the said 87 acre tract, with the easterly and
308316 northerly line of the said 1.50 acre tract, for the following two
309317 (2) courses:
310318 1) N03°45'59"E, 187.42 feet to a fence corner post found for
311319 corner;
312320 2) N86°49'20"W, 355.99 feet to a 1" iron rod, without cap,
313321 found for the northwest corner of the aforesaid 1.50 acre tract,
314322 same being on the common occupied westerly line of the 87 acre tract
315323 and easterly right-of-way line of Williamson Road (right-of-way
316324 varies);
317325 THENCE, N00°33'27"W, leaving the northerly line of the 1.50
318326 acre tract, across the said 87 acre tract, with the easterly
319327 right-of-way line of Williamson Road, for a distance of 914.74 feet
320328 to a 1/2" iron rod, with cap marked "Capital Surveying Co. Inc.",
321329 set for the most northerly corner of the herein described tract,
322330 same being on the occupied southwest right-of way line of Old
323331 Lockhart Highway (right-of-way varies);
324332 THENCE, S63°21'38"E, leaving the southerly right-of-way of
325333 Williamson Road, across the said 87 acre tract, with the southwest
326334 right-of-way line of the Old Lockhart Highway, 2802.82 feet to a
327335 1/2" iron rod, with cap marked "Capital Surveying Co. Inc.", set for
328336 the most easterly corner of the herein described tract, same being
329337 the northwest corner of that 7.728 acre tract conveyed to Linda
330338 Thompson and Larry D. Thompson by deed recorded in Document
331339 No. 2008094501 of the said Official Public Records;
332340 THENCE, leaving the southwest right-of-way line of Old
333341 Lockhart Highway along the southeast line of the said 87 acre tract,
334342 being the northwest line of the said 7.728 acre tract and the
335343 aforesaid 2.728 acre tract, for the following four (4) courses:
336344 1) S42°01'19"W, 786.97 feet to a 1/2" iron rod, with cap
337345 marked "Capital Surveying Co. Inc.", set, from which a 1/2" iron rod
338346 found, no cap, bears N06°44'11"E, 1.37 feet;
339347 2) S41°46'24"W, passing at 406.30 feet the northwest corner
340348 of the aforesaid 2.728 acre tract for a total distance of 449.42
341349 feet;
342350 3) S42°05'30"W, 328.50 feet to a 1/2" iron rod, with cap
343351 marked "Capital Surveying Co. Inc.", set;
344352 4) S42°17'24"W, 302.91 feet to the POINT OF BEGINNING,
345353 CONTAINING within these metes and bounds 78.934 acres of land area.
346354 Basis of Bearing is the Texas State Plane Coordinate System,
347355 Central Zone, NAD83 (Grid).
348356 SECTION 3. (a) The legal notice of the intention to
349357 introduce this Act, setting forth the general substance of this
350358 Act, has been published as provided by law, and the notice and a
351359 copy of this Act have been furnished to all persons, agencies,
352360 officials, or entities to which they are required to be furnished
353361 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
354362 Government Code.
355363 (b) The governor, one of the required recipients, has
356364 submitted the notice and Act to the Texas Commission on
357365 Environmental Quality.
358366 (c) The Texas Commission on Environmental Quality has filed
359367 its recommendations relating to this Act with the governor, the
360368 lieutenant governor, and the speaker of the house of
361369 representatives within the required time.
362370 (d) All requirements of the constitution and laws of this
363371 state and the rules and procedures of the legislature with respect
364372 to the notice, introduction, and passage of this Act are fulfilled
365373 and accomplished.
366374 SECTION 4. (a) If this Act does not receive a two-thirds
367375 vote of all the members elected to each house, Subchapter C, Chapter
368376 7951A, Special District Local Laws Code, as added by Section 1 of
369377 this Act, is amended by adding Section 7951A.0306 to read as
370378 follows:
371379 Sec. 7951A.0306. NO EMINENT DOMAIN POWER. The district may
372380 not exercise the power of eminent domain.
373381 (b) This section is not intended to be an expression of a
374382 legislative interpretation of the requirements of Section 17(c),
375383 Article I, Texas Constitution.
376384 SECTION 5. This Act takes effect immediately if it receives
377385 a vote of two-thirds of all the members elected to each house, as
378386 provided by Section 39, Article III, Texas Constitution. If this
379387 Act does not receive the vote necessary for immediate effect, this
380388 Act takes effect September 1, 2021.
381- ______________________________ ______________________________
382- President of the Senate Speaker of the House
383- I certify that H.B. No. 4646 was passed by the House on May 8,
384- 2021, by the following vote: Yeas 108, Nays 31, 2 present, not
385- voting; and that the House concurred in Senate amendments to H.B.
386- No. 4646 on May 28, 2021, by the following vote: Yeas 99, Nays 43,
387- 1 present, not voting.
388- ______________________________
389- Chief Clerk of the House
390- I certify that H.B. No. 4646 was passed by the Senate, with
391- amendments, on May 27, 2021, by the following vote: Yeas 30, Nays
392- 1.
393- ______________________________
394- Secretary of the Senate
395- APPROVED: __________________
396- Date
397- __________________
398- Governor
389+ * * * * *