Texas 2021 - 87th Regular

Texas House Bill HB4647 Latest Draft

Bill / Comm Sub Version Filed 05/22/2021

                            By: Rodriguez (Senate Sponsor - Zaffirini) H.B. No. 4647
 (In the Senate - Received from the House May 17, 2021;
 May 17, 2021, read first time and referred to Committee on Local
 Government; May 22, 2021, reported adversely, with favorable
 Committee Substitute by the following vote:  Yeas 7, Nays 0;
 May 22, 2021, sent to printer.)
Click here to see the committee vote
 COMMITTEE SUBSTITUTE FOR H.B. No. 4647 By:  Zaffirini


 A BILL TO BE ENTITLED
 AN ACT
 relating to the creation of the Mustang Ridge Municipal Utility
 District; granting a limited power of eminent domain; providing
 authority to issue bonds; providing authority to impose
 assessments, fees, and taxes.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subtitle F, Title 6, Special District Local Laws
 Code, is amended by adding Chapter 7945A to read as follows:
 CHAPTER 7945A.  MUSTANG RIDGE MUNICIPAL UTILITY DISTRICT
 SUBCHAPTER A.  GENERAL PROVISIONS
 Sec. 7945A.0101.  DEFINITIONS.  In this chapter:
 (1)  "Board" means the district's board of directors.
 (2)  "Commission" means the Texas Commission on
 Environmental Quality.
 (3)  "Director" means a board member.
 (4)  "District" means the Mustang Ridge Municipal
 Utility District.
 Sec. 7945A.0102.  NATURE OF DISTRICT.  The district is a
 municipal utility district created under Section 59, Article XVI,
 Texas Constitution.
 Sec. 7945A.0103.  CONFIRMATION AND DIRECTOR ELECTION
 REQUIRED.  The temporary directors shall hold an election to
 confirm the creation of the district and to elect five permanent
 directors as provided by Section 49.102, Water Code.
 Sec. 7945A.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
 temporary directors may not hold an election under Section
 7945A.0103 until each municipality in whose corporate limits or
 extraterritorial jurisdiction the district is located has
 consented by ordinance or resolution to the creation of the
 district and to the inclusion of land in the district.
 Sec. 7945A.0105.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
 (a)  The district is created to serve a public purpose and benefit.
 (b)  The district is created to accomplish the purposes of:
 (1)  a municipal utility district as provided by
 general law and Section 59, Article XVI, Texas Constitution; and
 (2)  Section 52, Article III, Texas Constitution, that
 relate to the construction, acquisition, improvement, operation,
 or maintenance of macadamized, graveled, or paved roads, or
 improvements, including storm drainage, in aid of those roads.
 Sec. 7945A.0106.  INITIAL DISTRICT TERRITORY.  (a)  The
 district is initially composed of the territory described by
 Section 2 of the Act enacting this chapter.
 (b)  The boundaries and field notes contained in Section 2 of
 the Act enacting this chapter form a closure.  A mistake made in the
 field notes or in copying the field notes in the legislative process
 does not affect the district's:
 (1)  organization, existence, or validity;
 (2)  right to issue any type of bond for the purposes
 for which the district is created or to pay the principal of and
 interest on a bond;
 (3)  right to impose a tax; or
 (4)  legality or operation.
 SUBCHAPTER B.  BOARD OF DIRECTORS
 Sec. 7945A.0201.  GOVERNING BODY; TERMS.  (a)  The district
 is governed by a board of five elected directors.
 (b)  Except as provided by Section 7945A.0202, directors
 serve staggered four-year terms.
 Sec. 7945A.0202.  TEMPORARY DIRECTORS.  (a)  On or after the
 effective date of the Act enacting this chapter, the owner or owners
 of a majority of the assessed value of the real property in the
 district may submit a petition to the commission requesting that
 the commission appoint as temporary directors the five persons
 named in the petition.  The commission shall appoint as temporary
 directors the five persons named in the petition.
 (b)  Temporary directors serve until the earlier of:
 (1)  the date permanent directors are elected under
 Section 7945A.0103; or
 (2)  the fourth anniversary of the effective date of
 the Act enacting this chapter.
 (c)  If permanent directors have not been elected under
 Section 7945A.0103 and the terms of the temporary directors have
 expired, successor temporary directors shall be appointed or
 reappointed as provided by Subsection (d) to serve terms that
 expire on the earlier of:
 (1)  the date permanent directors are elected under
 Section 7945A.0103; or
 (2)  the fourth anniversary of the date of the
 appointment or reappointment.
 (d)  If Subsection (c) applies, the owner or owners of a
 majority of the assessed value of the real property in the district
 may submit a petition to the commission requesting that the
 commission appoint as successor temporary directors the five
 persons named in the petition.  The commission shall appoint as
 successor temporary directors the five persons named in the
 petition.
 SUBCHAPTER C.  POWERS AND DUTIES
 Sec. 7945A.0301.  GENERAL POWERS AND DUTIES.  The district
 has the powers and duties necessary to accomplish the purposes for
 which the district is created.
 Sec. 7945A.0302.  MUNICIPAL UTILITY DISTRICT POWERS AND
 DUTIES.  The district has the powers and duties provided by the
 general law of this state, including Chapters 49 and 54, Water Code,
 applicable to municipal utility districts created under Section 59,
 Article XVI, Texas Constitution.
 Sec. 7945A.0303.  AUTHORITY FOR ROAD PROJECTS. Under
 Section 52, Article III, Texas Constitution, the district may
 design, acquire, construct, finance, issue bonds for, improve,
 operate, maintain, and convey to this state, a county, or a
 municipality for operation and maintenance macadamized, graveled,
 or paved roads, or improvements, including storm drainage, in aid
 of those roads.
 Sec. 7945A.0304.  ROAD STANDARDS AND REQUIREMENTS. (a) A
 road project must meet all applicable construction standards,
 zoning and subdivision requirements, and regulations of each
 municipality in whose corporate limits or extraterritorial
 jurisdiction the road project is located.
 (b)  If a road project is not located in the corporate limits
 or extraterritorial jurisdiction of a municipality, the road
 project must meet all applicable construction standards,
 subdivision requirements, and regulations of each county in which
 the road project is located.
 (c)  If the state will maintain and operate the road, the
 Texas Transportation Commission must approve the plans and
 specifications of the road project.
 Sec. 7945A.0305.  COMPLIANCE WITH MUNICIPAL CONSENT
 ORDINANCE OR RESOLUTION.  The district shall comply with all
 applicable requirements of any ordinance or resolution that is
 adopted under Section 54.016 or 54.0165, Water Code, and that
 consents to the creation of the district or to the inclusion of land
 in the district.
 SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
 Sec. 7945A.0401.  ELECTIONS REGARDING TAXES OR BONDS. (a)
 The district may issue, without an election, bonds and other
 obligations secured by:
 (1)  revenue other than ad valorem taxes; or
 (2)  contract payments described by Section
 7945A.0403.
 (b)  The district must hold an election in the manner
 provided by Chapters 49 and 54, Water Code, to obtain voter approval
 before the district may impose an ad valorem tax or issue bonds
 payable from ad valorem taxes.
 (c)  The district may not issue bonds payable from ad valorem
 taxes to finance a road project unless the issuance is approved by a
 vote of a two-thirds majority of the district voters voting at an
 election held for that purpose.
 Sec. 7945A.0402.  OPERATION AND MAINTENANCE TAX.  (a)  If
 authorized at an election held under Section 7945A.0401, the
 district may impose an operation and maintenance tax on taxable
 property in the district in accordance with Section 49.107, Water
 Code.
 (b)  The board shall determine the tax rate.  The rate may not
 exceed the rate approved at the election.
 Sec. 7945A.0403.  CONTRACT TAXES.  (a)  In accordance with
 Section 49.108, Water Code, the district may impose a tax other than
 an operation and maintenance tax and use the revenue derived from
 the tax to make payments under a contract after the provisions of
 the contract have been approved by a majority of the district voters
 voting at an election held for that purpose.
 (b)  A contract approved by the district voters may contain a
 provision stating that the contract may be modified or amended by
 the board without further voter approval.
 SUBCHAPTER E.  BONDS AND OTHER OBLIGATIONS
 Sec. 7945A.0501.  AUTHORITY TO ISSUE BONDS AND OTHER
 OBLIGATIONS.  The district may issue bonds or other obligations
 payable wholly or partly from ad valorem taxes, impact fees,
 revenue, contract payments, grants, or other district money, or any
 combination of those sources, to pay for any authorized district
 purpose.
 Sec. 7945A.0502.  TAXES FOR BONDS. At the time the district
 issues bonds payable wholly or partly from ad valorem taxes, the
 board shall provide for the annual imposition of a continuing
 direct ad valorem tax, without limit as to rate or amount, while all
 or part of the bonds are outstanding as required and in the manner
 provided by Sections 54.601 and 54.602, Water Code.
 Sec. 7945A.0503.  BONDS FOR ROAD PROJECTS. At the time of
 issuance, the total principal amount of bonds or other obligations
 issued or incurred to finance road projects and payable from ad
 valorem taxes may not exceed one-fourth of the assessed value of the
 real property in the district.
 SECTION 2.  The Mustang Ridge Municipal Utility District
 initially includes all the territory contained in the following
 area:
 BEING A 303.2 ACRE TRACT OUT OF THE JOSE SEFERINA MORA SURVEY NUMBER
 6, ABSTRACT NUMBER 522, TRAVIS COUNTY, TEXAS, BEING THE
 CONSOLIDATION OF SIX TRACTS OF LAND DESCRIBED HEREIN, BEING ALL OF A
 CALLED 91.81 ACRE TRACT, DESCRIBED TO ALTON BROOKS LAWS, JR. AS
 RECORDED IN VOLUME 10031, PAGE 431 OF THE REAL PROPERTY RECORDS OF
 TRAVIS COUNTY, TEXAS [R.P.R.T.C.T.], AND BEING ALL OF A CALLED
 107.33 ACRE TRACT, CONVEYED TO LAWS FAMILY PARTNERSHIP, LTD., AS
 RECORDED IN DOCUMENT NUMBER 2008202782 OF THE OFFICIAL PUBLIC
 RECORDS OF TRAVIS COUNTY, TEXAS [O.P.R.T.C.T.], AND BEING ALL OF A
 CALLED 92.775 TRACT, CONVEYED TO ALTON B. LAWS JR. AND WIFE, JOYCE
 KING LAWS, AS RECORDED IN VOLUME 3931, PAGE 2021 OF THE DEED RECORDS
 OF TRAVIS COUNTY, TEXAS [D.R.T.C.T.], AND BEING ALL OF A CALLED 6.00
 ACRES, CONVEYED TO ALTON B. LAWS, III, AS RECORDED IN DOCUMENT
 NUMBER 2001109391 [O.P.R.T.C.T.], AND BEING ALL OF A CALLED 6.00
 ACRES, CONVEYED TO LARRY L. LAWS AND TERRI R. LAWS, AS RECORDED IN
 DOCUMENT NUMBER 2000125247 [O.P.R.T.C.T.], AND BEING ALL OF A
 CALLED 1.00 ACRE TRACT, BEING A PORTION OF THAT 114.34 ACRE TRACT
 CONVEYED TO ALTON B. LAWS JR. AND WIFE, JOYCE K. LAWS, AS RECORDED
 IN VOLUME 174, PAGE 214 [D.R.T.C.T.], SAID 303.2 ACRE TRACT BEING
 MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
 BEGINNING at a 1/2 inch iron rod found for the west corner of said
 91.81 acre tract, same being the south corner of a called 91.784
 acre tract described to MRLH, LLC, recorded in Document Number
 2020178896 [O.P.R.T.C.T.], same being on the northeast line of a
 called 223.25 acre tract, described to H. Philip Whitworth, Jr.,
 described in Volume 12605, Page 836 [O.P.R.T.C.T.],
 THENCE, N42°21'15"E, along the common line of said 91.81 acre tract
 and said 91.7984 acre tract, a distance of 3,395.26 feet to a 60D
 nail found for the north corner of said 91.81 acre tract, same being
 the east corner of said 91.7984 acre tract, also in the southwest
 right-of-way of Old Lockhart Highway, a 50-foot wide right-of-way,
 recorded in Document Number 2000125247 [O.P.R.T.C.T.],
 THENCE with the common lines of said right-of-way, said 91.81 acre
 tract, said 6.00 acre Larry L. Laws tract, said 107.33 acre tract,
 and said 92.775 acre tract, the following three (3) courses and
 distances:
 1)  S47°20'14"E, a distance of 1,465.76 feet to an angle
 point,
 2)  N42°02'10"E, a distance of 27.63 feet to an angle point,
 and
 3)  S48°15'17"E, a distance of 2,408.01 feet to a 6 inch cedar
 fence post, found at the east corner of said 92.775 acre tract and
 the tract described herein, same being a point on the said southwest
 right-of-way of Old Lockhart Highway, and being on the northwest
 right-of-way of Elm Grove Road, a variable width right-of-way,
 described in Volume 3426, Page 1348 [D.R.T.C.T.];
 THENCE, S43°03'48"W, along the common line of said 92.775 acre
 tract, said 6.00 acre Alton B. Laws tract, and the northwest
 right-of-way of said Elm Grove Road, a distance of 3,469.91 feet to
 1/2-inch iron rod found for the south corner of said 92.775 acre
 tract, and the south corner of the tract described herein, same
 being the northerly southeast corner of Lot 2, Elm Grove Estates, a
 plat thereof recorded in Volume 92, Pages 263-264 of the Plat
 Records of Travis County, Texas, [P.R.T.C.T];
 THENCE, N47°12'40"W, along the common line of said 91.775 acre tract
 and said 107.33 acre tract, said 91.81 acre tract, said Lot 2, and
 said 223.25 acre tract, a distance of 3,830.62 feet to the POINT OF
 BEGINNING of the tract described herein and containing
 approximately 303.2 acres.
 Basis of bearing is the Texas Coordinate System, Central Zone
 [4203], NAD83 (2011), Epoch 2010.
 SECTION 3.  (a) The legal notice of the intention to
 introduce this Act, setting forth the general substance of this
 Act, has been published as provided by law, and the notice and a
 copy of this Act have been furnished to all persons, agencies,
 officials, or entities to which they are required to be furnished
 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
 Government Code.
 (b)  The governor, one of the required recipients, has
 submitted the notice and Act to the Texas Commission on
 Environmental Quality.
 (c)  The Texas Commission on Environmental Quality has filed
 its recommendations relating to this Act with the governor, the
 lieutenant governor, and the speaker of the house of
 representatives within the required time.
 (d)  All requirements of the constitution and laws of this
 state and the rules and procedures of the legislature with respect
 to the notice, introduction, and passage of this Act are fulfilled
 and accomplished.
 SECTION 4.  (a)  If this Act does not receive a two-thirds
 vote of all the members elected to each house, Subchapter C, Chapter
 7945A, Special District Local Laws Code, as added by Section 1 of
 this Act, is amended by adding Section 7945A.0306 to read as
 follows:
 Sec. 7945A.0306.  NO EMINENT DOMAIN POWER. The district may
 not exercise the power of eminent domain.
 (b)  This section is not intended to be an expression of a
 legislative interpretation of the requirements of Section 17(c),
 Article I, Texas Constitution.
 SECTION 5.  This Act takes effect immediately if it receives
 a vote of two-thirds of all the members elected to each house, as
 provided by Section 39, Article III, Texas Constitution.  If this
 Act does not receive the vote necessary for immediate effect, this
 Act takes effect September 1, 2021.
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