Texas 2021 - 87th Regular

Texas House Bill HB4647 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Rodriguez (Senate Sponsor - Zaffirini) H.B. No. 4647
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 adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 7, Nays 0;
6		-	May 22, 2021, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR H.B. No. 4647 By: Zaffirini
	1	+	87R17981 SGM-F
	2	+	By: Rodriguez H.B. No. 4647
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to the creation of the Mustang Ridge Municipal Utility
14	8		District; granting a limited power of eminent domain; providing
15	9		authority to issue bonds; providing authority to impose
16	10		assessments, fees, and taxes.
17	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18	12		SECTION 1. Subtitle F, Title 6, Special District Local Laws
19	13		Code, is amended by adding Chapter 7945A to read as follows:
20	14		CHAPTER 7945A. MUSTANG RIDGE MUNICIPAL UTILITY DISTRICT
21	15		SUBCHAPTER A. GENERAL PROVISIONS
22	16		Sec. 7945A.0101. DEFINITIONS. In this chapter:
23	17		(1) "Board" means the district's board of directors.
24	18		(2) "Commission" means the Texas Commission on
25	19		Environmental Quality.
26	20		(3) "Director" means a board member.
27	21		(4) "District" means the Mustang Ridge Municipal
28	22		Utility District.
29	23		Sec. 7945A.0102. NATURE OF DISTRICT. The district is a
30	24		municipal utility district created under Section 59, Article XVI,
31	25		Texas Constitution.
32	26		Sec. 7945A.0103. CONFIRMATION AND DIRECTOR ELECTION
33	27		REQUIRED. The temporary directors shall hold an election to
34	28		confirm the creation of the district and to elect five permanent
35	29		directors as provided by Section 49.102, Water Code.
36	30		Sec. 7945A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
37	31		temporary directors may not hold an election under Section
38	32		7945A.0103 until each municipality in whose corporate limits or
39	33		extraterritorial jurisdiction the district is located has
40	34		consented by ordinance or resolution to the creation of the
41	35		district and to the inclusion of land in the district.
42	36		Sec. 7945A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
43	37		(a) The district is created to serve a public purpose and benefit.
44	38		(b) The district is created to accomplish the purposes of:
45	39		(1) a municipal utility district as provided by
46	40		general law and Section 59, Article XVI, Texas Constitution; and
47	41		(2) Section 52, Article III, Texas Constitution, that
48	42		relate to the construction, acquisition, improvement, operation,
49	43		or maintenance of macadamized, graveled, or paved roads, or
50	44		improvements, including storm drainage, in aid of those roads.
51	45		Sec. 7945A.0106. INITIAL DISTRICT TERRITORY. (a) The
52	46		district is initially composed of the territory described by
53	47		Section 2 of the Act enacting this chapter.
54	48		(b) The boundaries and field notes contained in Section 2 of
55	49		the Act enacting this chapter form a closure. A mistake made in the
56	50		field notes or in copying the field notes in the legislative process
57	51		does not affect the district's:
58	52		(1) organization, existence, or validity;
59	53		(2) right to issue any type of bond for the purposes
60	54		for which the district is created or to pay the principal of and
61	55		interest on a bond;
62	56		(3) right to impose a tax; or
63	57		(4) legality or operation.
64	58		SUBCHAPTER B. BOARD OF DIRECTORS
65	59		Sec. 7945A.0201. GOVERNING BODY; TERMS. (a) The district
66	60		is governed by a board of five elected directors.
67	61		(b) Except as provided by Section 7945A.0202, directors
68	62		serve staggered four-year terms.
69	63		Sec. 7945A.0202. TEMPORARY DIRECTORS. (a) On or after the
70	64		effective date of the Act enacting this chapter, the owner or owners
71	65		of a majority of the assessed value of the real property in the
72	66		district may submit a petition to the commission requesting that
73	67		the commission appoint as temporary directors the five persons
74	68		named in the petition. The commission shall appoint as temporary
75	69		directors the five persons named in the petition.
76	70		(b) Temporary directors serve until the earlier of:
77	71		(1) the date permanent directors are elected under
78	72		Section 7945A.0103; or
79	73		(2) the fourth anniversary of the effective date of
80	74		the Act enacting this chapter.
81	75		(c) If permanent directors have not been elected under
82	76		Section 7945A.0103 and the terms of the temporary directors have
83	77		expired, successor temporary directors shall be appointed or
84	78		reappointed as provided by Subsection (d) to serve terms that
85	79		expire on the earlier of:
86	80		(1) the date permanent directors are elected under
87	81		Section 7945A.0103; or
88	82		(2) the fourth anniversary of the date of the
89	83		appointment or reappointment.
90	84		(d) If Subsection (c) applies, the owner or owners of a
91	85		majority of the assessed value of the real property in the district
92	86		may submit a petition to the commission requesting that the
93	87		commission appoint as successor temporary directors the five
94	88		persons named in the petition. The commission shall appoint as
95	89		successor temporary directors the five persons named in the
96	90		petition.
97	91		SUBCHAPTER C. POWERS AND DUTIES
98	92		Sec. 7945A.0301. GENERAL POWERS AND DUTIES. The district
99	93		has the powers and duties necessary to accomplish the purposes for
100	94		which the district is created.
101	95		Sec. 7945A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
102	96		DUTIES. The district has the powers and duties provided by the
103	97		general law of this state, including Chapters 49 and 54, Water Code,
104	98		applicable to municipal utility districts created under Section 59,
105	99		Article XVI, Texas Constitution.
106	100		Sec. 7945A.0303. AUTHORITY FOR ROAD PROJECTS. Under
107		-	Section 52, Article III, Texas Constitution, the district may
108		-	design, acquire, construct, finance, issue bonds for, improve,
	101	+	Section 52, Article III, Texas Constitution, and if authorized at
	102	+	an election held under Section 53.029(c), Water Code, the district
	103	+	may design, acquire, construct, finance, issue bonds for, improve,
109	104		operate, maintain, and convey to this state, a county, or a
110	105		municipality for operation and maintenance macadamized, graveled,
111	106		or paved roads, or improvements, including storm drainage, in aid
112	107		of those roads.
113	108		Sec. 7945A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
114	109		road project must meet all applicable construction standards,
115	110		zoning and subdivision requirements, and regulations of each
116	111		municipality in whose corporate limits or extraterritorial
117	112		jurisdiction the road project is located.
118	113		(b) If a road project is not located in the corporate limits
119	114		or extraterritorial jurisdiction of a municipality, the road
120	115		project must meet all applicable construction standards,
121	116		subdivision requirements, and regulations of each county in which
122	117		the road project is located.
123	118		(c) If the state will maintain and operate the road, the
124	119		Texas Transportation Commission must approve the plans and
125	120		specifications of the road project.
126	121		Sec. 7945A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
127	122		ORDINANCE OR RESOLUTION. The district shall comply with all
128	123		applicable requirements of any ordinance or resolution that is
129	124		adopted under Section 54.016 or 54.0165, Water Code, and that
130	125		consents to the creation of the district or to the inclusion of land
131	126		in the district.
132	127		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
133	128		Sec. 7945A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
134	129		The district may issue, without an election, bonds and other
135	130		obligations secured by:
136	131		(1) revenue other than ad valorem taxes; or
137	132		(2) contract payments described by Section
138	133		7945A.0403.
139	134		(b) The district must hold an election in the manner
140	135		provided by Chapters 49 and 54, Water Code, to obtain voter approval
141	136		before the district may impose an ad valorem tax or issue bonds
142	137		payable from ad valorem taxes.
143	138		(c) The district may not issue bonds payable from ad valorem
144	139		taxes to finance a road project unless the issuance is approved by a
145	140		vote of a two-thirds majority of the district voters voting at an
146	141		election held for that purpose.
147	142		Sec. 7945A.0402. OPERATION AND MAINTENANCE TAX. (a) If
148	143		authorized at an election held under Section 7945A.0401, the
149	144		district may impose an operation and maintenance tax on taxable
150	145		property in the district in accordance with Section 49.107, Water
151	146		Code.
152	147		(b) The board shall determine the tax rate. The rate may not
153	148		exceed the rate approved at the election.
154	149		Sec. 7945A.0403. CONTRACT TAXES. (a) In accordance with
155	150		Section 49.108, Water Code, the district may impose a tax other than
156	151		an operation and maintenance tax and use the revenue derived from
157	152		the tax to make payments under a contract after the provisions of
158	153		the contract have been approved by a majority of the district voters
159	154		voting at an election held for that purpose.
160	155		(b) A contract approved by the district voters may contain a
161	156		provision stating that the contract may be modified or amended by
162	157		the board without further voter approval.
163	158		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
164	159		Sec. 7945A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
165	160		OBLIGATIONS. The district may issue bonds or other obligations
166	161		payable wholly or partly from ad valorem taxes, impact fees,
167	162		revenue, contract payments, grants, or other district money, or any
168	163		combination of those sources, to pay for any authorized district
169	164		purpose.
170	165		Sec. 7945A.0502. TAXES FOR BONDS. At the time the district
171	166		issues bonds payable wholly or partly from ad valorem taxes, the
172	167		board shall provide for the annual imposition of a continuing
173	168		direct ad valorem tax, without limit as to rate or amount, while all
174	169		or part of the bonds are outstanding as required and in the manner
175	170		provided by Sections 54.601 and 54.602, Water Code.
176	171		Sec. 7945A.0503. BONDS FOR ROAD PROJECTS. At the time of
177	172		issuance, the total principal amount of bonds or other obligations
178	173		issued or incurred to finance road projects and payable from ad
179	174		valorem taxes may not exceed one-fourth of the assessed value of the
180	175		real property in the district.
181	176		SECTION 2. The Mustang Ridge Municipal Utility District
182	177		initially includes all the territory contained in the following
183	178		area:
184	179		BEING A 303.2 ACRE TRACT OUT OF THE JOSE SEFERINA MORA SURVEY NUMBER
185	180		6, ABSTRACT NUMBER 522, TRAVIS COUNTY, TEXAS, BEING THE
186	181		CONSOLIDATION OF SIX TRACTS OF LAND DESCRIBED HEREIN, BEING ALL OF A
187	182		CALLED 91.81 ACRE TRACT, DESCRIBED TO ALTON BROOKS LAWS, JR. AS
188	183		RECORDED IN VOLUME 10031, PAGE 431 OF THE REAL PROPERTY RECORDS OF
189	184		TRAVIS COUNTY, TEXAS [R.P.R.T.C.T.], AND BEING ALL OF A CALLED
190	185		107.33 ACRE TRACT, CONVEYED TO LAWS FAMILY PARTNERSHIP, LTD., AS
191	186		RECORDED IN DOCUMENT NUMBER 2008202782 OF THE OFFICIAL PUBLIC
192	187		RECORDS OF TRAVIS COUNTY, TEXAS [O.P.R.T.C.T.], AND BEING ALL OF A
193	188		CALLED 92.775 TRACT, CONVEYED TO ALTON B. LAWS JR. AND WIFE, JOYCE
194	189		KING LAWS, AS RECORDED IN VOLUME 3931, PAGE 2021 OF THE DEED RECORDS
195	190		OF TRAVIS COUNTY, TEXAS [D.R.T.C.T.], AND BEING ALL OF A CALLED 6.00
196	191		ACRES, CONVEYED TO ALTON B. LAWS, III, AS RECORDED IN DOCUMENT
197	192		NUMBER 2001109391 [O.P.R.T.C.T.], AND BEING ALL OF A CALLED 6.00
198	193		ACRES, CONVEYED TO LARRY L. LAWS AND TERRI R. LAWS, AS RECORDED IN
199	194		DOCUMENT NUMBER 2000125247 [O.P.R.T.C.T.], AND BEING ALL OF A
200	195		CALLED 1.00 ACRE TRACT, BEING A PORTION OF THAT 114.34 ACRE TRACT
201	196		CONVEYED TO ALTON B. LAWS JR. AND WIFE, JOYCE K. LAWS, AS RECORDED
202	197		IN VOLUME 174, PAGE 214 [D.R.T.C.T.], SAID 303.2 ACRE TRACT BEING
203	198		MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
204	199		BEGINNING at a 1/2 inch iron rod found for the west corner of said
205	200		91.81 acre tract, same being the south corner of a called 91.784
206	201		acre tract described to MRLH, LLC, recorded in Document Number
207	202		2020178896 [O.P.R.T.C.T.], same being on the northeast line of a
208	203		called 223.25 acre tract, described to H. Philip Whitworth, Jr.,
209	204		described in Volume 12605, Page 836 [O.P.R.T.C.T.],
210	205		THENCE, N42°21'15"E, along the common line of said 91.81 acre tract
211	206		and said 91.7984 acre tract, a distance of 3,395.26 feet to a 60D
212	207		nail found for the north corner of said 91.81 acre tract, same being
213	208		the east corner of said 91.7984 acre tract, also in the southwest
214	209		right-of-way of Old Lockhart Highway, a 50-foot wide right-of-way,
215	210		recorded in Document Number 2000125247 [O.P.R.T.C.T.],
216	211		THENCE with the common lines of said right-of-way, said 91.81 acre
217	212		tract, said 6.00 acre Larry L. Laws tract, said 107.33 acre tract,
218	213		and said 92.775 acre tract, the following three (3) courses and
219	214		distances:
220	215		1) S47°20'14"E, a distance of 1,465.76 feet to an angle
221	216		point,
222	217		2) N42°02'10"E, a distance of 27.63 feet to an angle point,
223	218		and
224	219		3) S48°15'17"E, a distance of 2,408.01 feet to a 6 inch cedar
225	220		fence post, found at the east corner of said 92.775 acre tract and
226	221		the tract described herein, same being a point on the said southwest
227	222		right-of-way of Old Lockhart Highway, and being on the northwest
228	223		right-of-way of Elm Grove Road, a variable width right-of-way,
229	224		described in Volume 3426, Page 1348 [D.R.T.C.T.];
230	225		THENCE, S43°03'48"W, along the common line of said 92.775 acre
231	226		tract, said 6.00 acre Alton B. Laws tract, and the northwest
232	227		right-of-way of said Elm Grove Road, a distance of 3,469.91 feet to
233	228		1/2-inch iron rod found for the south corner of said 92.775 acre
234	229		tract, and the south corner of the tract described herein, same
235	230		being the northerly southeast corner of Lot 2, Elm Grove Estates, a
236	231		plat thereof recorded in Volume 92, Pages 263-264 of the Plat
237	232		Records of Travis County, Texas, [P.R.T.C.T];
238	233		THENCE, N47°12'40"W, along the common line of said 91.775 acre tract
239	234		and said 107.33 acre tract, said 91.81 acre tract, said Lot 2, and
240	235		said 223.25 acre tract, a distance of 3,830.62 feet to the POINT OF
241	236		BEGINNING of the tract described herein and containing
242	237		approximately 303.2 acres.
243	238		Basis of bearing is the Texas Coordinate System, Central Zone
244	239		[4203], NAD83 (2011), Epoch 2010.
245	240		SECTION 3. (a) The legal notice of the intention to
246	241		introduce this Act, setting forth the general substance of this
247	242		Act, has been published as provided by law, and the notice and a
248	243		copy of this Act have been furnished to all persons, agencies,
249	244		officials, or entities to which they are required to be furnished
250	245		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
251	246		Government Code.
252	247		(b) The governor, one of the required recipients, has
253	248		submitted the notice and Act to the Texas Commission on
254	249		Environmental Quality.
255	250		(c) The Texas Commission on Environmental Quality has filed
256	251		its recommendations relating to this Act with the governor, the
257	252		lieutenant governor, and the speaker of the house of
258	253		representatives within the required time.
259	254		(d) All requirements of the constitution and laws of this
260	255		state and the rules and procedures of the legislature with respect
261	256		to the notice, introduction, and passage of this Act are fulfilled
262	257		and accomplished.
263	258		SECTION 4. (a) If this Act does not receive a two-thirds
264	259		vote of all the members elected to each house, Subchapter C, Chapter
265	260		7945A, Special District Local Laws Code, as added by Section 1 of
266	261		this Act, is amended by adding Section 7945A.0306 to read as
267	262		follows:
268	263		Sec. 7945A.0306. NO EMINENT DOMAIN POWER. The district may
269	264		not exercise the power of eminent domain.
270	265		(b) This section is not intended to be an expression of a
271	266		legislative interpretation of the requirements of Section 17(c),
272	267		Article I, Texas Constitution.
273	268		SECTION 5. This Act takes effect immediately if it receives
274	269		a vote of two-thirds of all the members elected to each house, as
275	270		provided by Section 39, Article III, Texas Constitution. If this
276	271		Act does not receive the vote necessary for immediate effect, this
277	272		Act takes effect September 1, 2021.
278		-	* * * * *