Texas 2021 - 87th Regular

Texas House Bill HB4658 Compare Versions

OldNewDifferences
1-H.B. No. 4658
1+By: Bailes (Senate Sponsor - Schwertner) H.B. No. 4658
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. 4658 By: Springer
29
310
11+ A BILL TO BE ENTITLED
412 AN ACT
513 relating to the creation of the Huntsville Municipal Utility
614 District No. 1 of Walker County, Texas; granting a limited power of
715 eminent domain; providing authority to issue bonds; providing
816 authority to impose 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 7935A to read as follows:
1220 CHAPTER 7935A. HUNTSVILLE MUNICIPAL UTILITY DISTRICT NO. 1 OF
1321 WALKER COUNTY, TEXAS
1422 SUBCHAPTER A. GENERAL PROVISIONS
1523 Sec. 7935A.0101. DEFINITIONS. In this chapter:
1624 (1) "Board" means the district's board of directors.
1725 (2) "Commission" means the Texas Commission on
1826 Environmental Quality.
1927 (3) "Director" means a board member.
2028 (4) "District" means the Huntsville Municipal Utility
2129 District No. 1 of Walker County, Texas.
2230 Sec. 7935A.0102. NATURE OF DISTRICT. The district is a
2331 municipal utility district created under Section 59, Article XVI,
2432 Texas Constitution.
2533 Sec. 7935A.0103. CONFIRMATION AND DIRECTOR ELECTION
2634 REQUIRED. The temporary directors shall hold an election to
2735 confirm the creation of the district and to elect five permanent
2836 directors as provided by Section 49.102, Water Code.
2937 Sec. 7935A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
3038 temporary directors may not hold an election under Section
3139 7935A.0103 until each municipality in whose corporate limits or
3240 extraterritorial jurisdiction the district is located has
3341 consented by ordinance or resolution to the creation of the
3442 district and to the inclusion of land in the district.
3543 Sec. 7935A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3644 (a) The district is created to serve a public purpose and benefit.
3745 (b) The district is created to accomplish the purposes of:
3846 (1) a municipal utility district as provided by
3947 general law and Section 59, Article XVI, Texas Constitution; and
4048 (2) Section 52, Article III, Texas Constitution, that
4149 relate to the construction, acquisition, improvement, operation,
4250 or maintenance of macadamized, graveled, or paved roads, or
4351 improvements, including storm drainage, in aid of those roads.
4452 Sec. 7935A.0106. INITIAL DISTRICT TERRITORY. (a) The
4553 district is initially composed of the territory described by
4654 Section 2 of the Act enacting this chapter.
4755 (b) The boundaries and field notes contained in Section 2 of
4856 the Act enacting this chapter form a closure. A mistake made in the
4957 field notes or in copying the field notes in the legislative process
5058 does not affect the district's:
5159 (1) organization, existence, or validity;
5260 (2) right to issue any type of bond for the purposes
5361 for which the district is created or to pay the principal of and
5462 interest on a bond;
5563 (3) right to impose a tax; or
5664 (4) legality or operation.
5765 SUBCHAPTER B. BOARD OF DIRECTORS
5866 Sec. 7935A.0201. GOVERNING BODY; TERMS. (a) The district
5967 is governed by a board of five elected directors.
6068 (b) Except as provided by Section 7935A.0202, directors
6169 serve staggered four-year terms.
6270 Sec. 7935A.0202. TEMPORARY DIRECTORS. (a) On or after the
6371 effective date of the Act enacting this chapter, the owner or owners
6472 of a majority of the assessed value of the real property in the
6573 district may submit a petition to the commission requesting that
6674 the commission appoint as temporary directors the five persons
6775 named in the petition. The commission shall appoint as temporary
6876 directors the five persons named in the petition.
6977 (b) Temporary directors serve until the earlier of:
7078 (1) the date permanent directors are elected under
7179 Section 7935A.0103; or
7280 (2) the fourth anniversary of the effective date of
7381 the Act enacting this chapter.
7482 (c) If permanent directors have not been elected under
7583 Section 7935A.0103 and the terms of the temporary directors have
7684 expired, successor temporary directors shall be appointed or
7785 reappointed as provided by Subsection (d) to serve terms that
7886 expire on the earlier of:
7987 (1) the date permanent directors are elected under
8088 Section 7935A.0103; or
8189 (2) the fourth anniversary of the date of the
8290 appointment or reappointment.
8391 (d) If Subsection (c) applies, the owner or owners of a
8492 majority of the assessed value of the real property in the district
8593 may submit a petition to the commission requesting that the
8694 commission appoint as successor temporary directors the five
8795 persons named in the petition. The commission shall appoint as
8896 successor temporary directors the five persons named in the
8997 petition.
9098 SUBCHAPTER C. POWERS AND DUTIES
9199 Sec. 7935A.0301. GENERAL POWERS AND DUTIES. The district
92100 has the powers and duties necessary to accomplish the purposes for
93101 which the district is created.
94102 Sec. 7935A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
95103 DUTIES. The district has the powers and duties provided by the
96104 general law of this state, including Chapters 49 and 54, Water Code,
97105 applicable to municipal utility districts created under Section 59,
98106 Article XVI, Texas Constitution.
99107 Sec. 7935A.0303. AUTHORITY FOR ROAD PROJECTS. Under
100108 Section 52, Article III, Texas Constitution, the district may
101109 design, acquire, construct, finance, issue bonds for, improve,
102110 operate, maintain, and convey to this state, a county, or a
103111 municipality for operation and maintenance macadamized, graveled,
104112 or paved roads, or improvements, including storm drainage, in aid
105113 of those roads.
106114 Sec. 7935A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107115 road project must meet all applicable construction standards,
108116 zoning and subdivision requirements, and regulations of each
109117 municipality in whose corporate limits or extraterritorial
110118 jurisdiction the road project is located.
111119 (b) If a road project is not located in the corporate limits
112120 or extraterritorial jurisdiction of a municipality, the road
113121 project must meet all applicable construction standards,
114122 subdivision requirements, and regulations of each county in which
115123 the road project is located.
116124 (c) If the state will maintain and operate the road, the
117125 Texas Transportation Commission must approve the plans and
118126 specifications of the road project.
119127 Sec. 7935A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120128 ORDINANCE OR RESOLUTION. The district shall comply with all
121129 applicable requirements of any ordinance or resolution that is
122130 adopted under Section 54.016 or 54.0165, Water Code, and that
123131 consents to the creation of the district or to the inclusion of land
124132 in the district.
125133 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126134 Sec. 7935A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
127135 The district may issue, without an election, bonds and other
128136 obligations secured by:
129137 (1) revenue other than ad valorem taxes; or
130138 (2) contract payments described by Section
131139 7935A.0403.
132140 (b) The district must hold an election in the manner
133141 provided by Chapters 49 and 54, Water Code, to obtain voter approval
134142 before the district may impose an ad valorem tax or issue bonds
135143 payable from ad valorem taxes.
136144 (c) The district may not issue bonds payable from ad valorem
137145 taxes to finance a road project unless the issuance is approved by a
138146 vote of a two-thirds majority of the district voters voting at an
139147 election held for that purpose.
140148 Sec. 7935A.0402. OPERATION AND MAINTENANCE TAX. (a) If
141149 authorized at an election held under Section 7935A.0401, the
142150 district may impose an operation and maintenance tax on taxable
143151 property in the district in accordance with Section 49.107, Water
144152 Code.
145153 (b) The board shall determine the tax rate. The rate may not
146154 exceed the rate approved at the election.
147155 Sec. 7935A.0403. CONTRACT TAXES. (a) In accordance with
148156 Section 49.108, Water Code, the district may impose a tax other than
149157 an operation and maintenance tax and use the revenue derived from
150158 the tax to make payments under a contract after the provisions of
151159 the contract have been approved by a majority of the district voters
152160 voting at an election held for that purpose.
153161 (b) A contract approved by the district voters may contain a
154162 provision stating that the contract may be modified or amended by
155163 the board without further voter approval.
156164 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
157165 Sec. 7935A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
158166 OBLIGATIONS. The district may issue bonds or other obligations
159167 payable wholly or partly from ad valorem taxes, impact fees,
160168 revenue, contract payments, grants, or other district money, or any
161169 combination of those sources, to pay for any authorized district
162170 purpose.
163171 Sec. 7935A.0502. TAXES FOR BONDS. At the time the district
164172 issues bonds payable wholly or partly from ad valorem taxes, the
165173 board shall provide for the annual imposition of a continuing
166174 direct ad valorem tax, without limit as to rate or amount, while all
167175 or part of the bonds are outstanding as required and in the manner
168176 provided by Sections 54.601 and 54.602, Water Code.
169177 Sec. 7935A.0503. BONDS FOR ROAD PROJECTS. At the time of
170178 issuance, the total principal amount of bonds or other obligations
171179 issued or incurred to finance road projects and payable from ad
172180 valorem taxes may not exceed one-fourth of the assessed value of the
173181 real property in the district.
174182 SECTION 2. The Huntsville Municipal Utility District No. 1
175183 of Walker County, Texas, initially includes all the territory
176184 contained in the following area:
177185 A METES & BOUNDS description of a calculated 350.0 acre tract
178186 of land situated in the John Beauchamp Survey, Abstract No. 92, the
179187 John Hume Survey, Abstract No. 264, the W.N. Mock Survey, Abstract
180188 No. 401, and the I.&G.N. R.R. Co. Survey, Abstract No. 691, in
181189 Walker County, Texas, being all of a called 6.00 acre tract (Tract 1 –
182190 C.F. No. 201700028486) recorded in Clerk’s File No. 201700028486,
183191 Walker County Official Records, and being all of a calculated 340.0
184192 acre tract (Tract 2 – C.F. No. 201700028487) out of a called 710.308
185193 acre tract recorded in Clerk’s File No. 201700028487, Walker County
186194 Official Records, said calculated 350.0 acre tract being more
187195 particularly described as follows:
188196 (Tract 1 – C.F. No. 201700028486)
189197 Being 6.000 acres (261,338 square feet) tract of land out of
190198 the John Hume Survey, Abstract No. 264, and the John Beauchamp
191199 Survey, Abstract No. 92, Walker County Texas and being out of the
192200 Lot 3B of Amending Replat of Lot 3, Stephen H. Dawson Subdivision as
193201 recorded under Volume 6, Page 35 of the Walker County Plat Records
194202 (W.C.P.R.), Texas and being out of a called Lot 3 (18.251 acres) as
195203 conveyed to BDB Investments, a Texas General Partnership composed
196204 of J.D. Davis, Bradley D. Davis, and J. Barrett Davis as recorded
197205 under Document No. 200800005295 of the Walker County Deed Records
198206 (W.C.D.R.), Texas and a 0.63 acre tract (designated Tract One) and a
199207 1.347 acre tract (designated Tract Two) as conveyed to BDB
200208 Investments, a Texas General Partnership composed of J.D. Davis,
201209 Bradley D. Davis, and J. Barrett Davis as recorded under Document
202210 No. 201100005893 W.C.D.R. and being more particularly described by
203211 metes and bounds as follows (with bearings referenced to Texas
204212 State Plane Coordinate System Central Zone, NAD83).
205213 BEGINNING at a point in the south right-of-way line of
206214 Veterans Memorial Parkway (variable width as recorded in Volume
207215 399, Page 705 W.C.D.R.) and being the northwest comer of a called
208216 254.36 acre tract of land conveyed to Samuella W. Palmer, Trustee of
209217 the Samuella W. Palmer Trust as recorded under Document No.
210218 200700007382 W.C.D.R. and for the northeast corner of Lot 3B of
211219 Amending Replat of Lot 3, Stephen H. Dawson Subdivision as recorded
212220 under Volume 6, Page 35 of the Walker County Plat Records
213221 (W.C.P.R.), Texas and herein described tract;
214222 THENCE, South 03°00'42" East, 595.64 feet along the east line
215223 of Lot 3B and the west line of the called 254.36 acre tract to the
216224 northeast comer of a called 710.338 acre tract conveyed to
217225 Alexander 263, Ltd.-Baker, LP, a Texas Limited Partnership as
218226 recorded in Volume 956, Page 33 W.C.D.R., and the southeast corner
219227 of Lot 3B and for corner of the herein described tract;
220228 THENCE, North 67°41’21" West, 61.09 feet along the north line
221229 of the called 710.338 acre tract and the south line of Lot 3B to the
222230 northeast corner of a 0.63 acre tract (designated Tract One) as
223231 conveyed to BDB Investments, a Texas General Partnership composed
224232 of J.D. Davis, Bradley D. Davis, and J. Barrett Davis as recorded
225233 under Document No. 201100005893 W.C.D.R. and the northwest corner
226234 of the called 710.338 acre tract and for corner of the herein
227235 described tract;
228236 THENCE, South 22°11’28" West, 337.01 feet along the west line
229237 of the called 710.338 acre tract and the east line of the called
230238 0.63 acre tract and a 1.347 acre tract (designated Tract Two) as
231239 conveyed to BDB Investments, a Texas General Partnership composed
232240 of J.D. Davis, Bradley D. Davis, and J. Barrett Davis as recorded
233241 under Document No. 201100005893 W.C.D.R. to the northeast corner of
234242 a called 0.87 acre tract conveyed to City of Huntsville as recorded
235243 under Volume 233, Page 130 W.C.D.R. and for the southeast corner of
236244 the herein described tract;
237245 THENCE, North 67°41’34” West, 275.10 feet along the south
238246 line of the called 1.347 acre and a called 0.53 acre tract conveyed
239247 to Alejandro Zavala and Patricia Zavala, husband and wife, as
240248 recorded under Volume 433 Page 308 W.C.D.R. to a point in the east
241249 right-of-way line of Marigold Lane (formerly known as Holly Lane-
242250 50 foot width as recorded under Volume 1, Page 18 W.C.P.R.) and for
243251 the southwest corner of the called 1.347 acre tract and the herein
244252 described tract;
245253 THENCE, North 22°18'30" East, 337.03 feet along the east
246254 right-of-way line of Marigold Lane to a point in the south line of
247255 said Lot 3B and for the northwest corner of said called 0.63 acre
248256 tract and a corner of the herein described tract;
249257 THENCE, North 67°41’21" West, 15.66 feet along the south line
250258 of Lot 3B to a corner of the herein described tract;
251259 THENCE, North 16°58'02" East, 120.96 feet departing the south
252260 line of Lot 3B and through the interior of Lot 3B to an angle point;
253261 THENCE, North 03°15'52" East, 99.24 feet to an angle point;
254262 THENCE, North 03°02'25” West, 405.44 feet to a point in the
255263 north line of Lot 3B and the south right-of-way line of Veterans
256264 Memorial Parkway for the northwest comer of the herein described
257265 tract;
258266 THENCE, South 68°03'04" East, 45.14 feet along the north line
259267 of Lot 3B and the south right-of-way line of Veterans Memorial
260268 Parkway to an angle point;
261269 THENCE, South 56°16’24" East, 216.37 feet continuing along
262270 the north line of Lot 3B and the south right-of- way line of
263271 Veterans Memorial Parkway to an angle point;
264272 THENCE, South 68°00’20" East, 56.42 feet continuing along the
265273 north line of Lot 3B and the south right-of- way line of Veterans
266274 Memorial Parkway to the POINT OF BEGINNING, CONTAINING 6.00 acres
267275 (261,338 square feet) of land in Walker County, Texas, filed in the
268276 office of Elevation Land Solutions in The Woodlands, Texas.
269277 (Tract 2 – C.F. No. 201700028487)
270278 A METES & BOUNDS description of a certain 344.0 acre
271279 (14,984,662 square feet) tract of land situated in the W.N. Mock
272280 Survey, Abstract No. 401, and the I.&G.N. R.R. Co. Survey, Abstract
273281 No. 691, in Walker County, Texas, being out of a called 710.308 acre
274282 tract conveyed to East Loop Investments, L.L.C. by deed recorded in
275283 Clerk’s File No. 201700028487, Walker County Official Records; said
276284 344.0 acre (14,984,662 square feet) tract of land being more
277285 particularly described as follows with all bearings referenced to
278286 the Texas Coordinate System, Central Zone, NAD 83:
279287 BEGINNING at a point for the northeast corner of a called
280288 710.338 acres as conveyed to Alexander 263, Ltd-Baker, LP, a Texas
281289 Limited Partnership and recorded under Volume 956, Page 33 Walker
282290 County Deed Records and being the southeast corner of Lot 3B of
283291 Amending Replat of Lot 3 Stephen H. Dawson Subdivision as recorded
284292 under Volume 6, Page 35 of the Walker County Plat Records, Texas,
285293 and being in the west line of a called 254.36 acre tract of land
286294 conveyed to Samuella W. Palmer, Trustee of the Samuella W. Palmer
287295 Trust as recorded under Document No. 200700007382 of the Walker
288296 County Deed Records;
289297 THENCE, South 02°44’23” East, 4171.62 feet along the east
290298 line of the called 710.338 acre tract and the west line of the
291299 called 254.36 acre tract to a point for corner in the north line of
292300 the W.N. Mock Survey, Abstract No. 401;
293301 THENCE, South 04°00’26" East, 193.30 feet to a point for
294302 corner;
295303 THENCE, North 87°01’45" East, 410.40 feet to a point for
296304 corner in the east line of the called 710.338 acre tract;
297305 THENCE, South 67°56’27" East, 153.25 feet continuing along
298306 the east line of the called 710.338 acre tract to a point for corner
299307 in the west line of a called 557 acre tract described as Tract No.
300308 J12q conveyed to United States of America and recorded under Volume
301309 82, Page 131 of the Walker County Deed Records;
302310 THENCE, South 22°25’58” West, 3625.79 feet continuing along
303311 the east line of the called 710.338 acre tract and the west line of
304312 the called 557 acres tract to a point for corner;
305313 THENCE, North 67°41’58” West, 3767.59 feet to a point for
306314 corner in the west line of the called 710.338 acre tract and the
307315 east line of a remainder called 200 acre tract as conveyed to Heath
308316 Branch Fishing Club Incorporated as recorded under Volume 59, Page
309317 348 of the Walker County Deed Records;
310318 THENCE, North 21°40’17” East, 493.49 feet along the west line
311319 of the called 710.338 acre tract and the east line of the called
312320 remainder 200 acre tract to a point for the southwest corner of a
313321 called 50 acre tract of land conveyed to Heath Branch Fishing Club
314322 Incorporated as recorded under Volume 59, Page 348 of the Walker
315323 County Deed Records and corner of the called 710.338 acre tract and
316324 hereof;
317325 THENCE, South 66°36’33” East, 682.37 feet along the west line
318326 of the called 710.338 acre tract and the south line of the called 50
319327 acre tract to a point for the southeast corner of the called 50 acre
320328 tract and corner of the called 710.338 acre tract and hereof;
321329 THENCE, North 23°07’10" East, 3136.07 feet along the west
322330 line of the called 710.338 acre tract and the east line of the
323331 called 50 acre tract to a point in the south line of a called 28.161
324332 acre tract conveyed to MBV Ventured, Ltd., a Texas limited
325333 partnership as recorded under Document No. 201300005357 of the
326334 Walker County Deed Records, the northeast corner of said called 50
327335 acre tract and a corner of the called 710.338 acre tract and hereof;
328336 THENCE, South 67°41’58” East, 624.76 feet along the south
329337 line of the called 28.161 acre tract and the west line of the called
330338 710.338 acre tract to a point for the southeast corner of the called
331339 28.161 acre tract and a corner for the 710.338 acre tract and
332340 hereof;
333341 THENCE, North 22°11’28” East, 3786.54 feet along the west
334342 line of the called 710.338 acre tract to a point for corner in the
335343 south line of Lot 3B of the Amending Replat of Lot 3 Stephen H.
336344 Dawson Subdivision and for the northwest corner of said called
337345 710.338 acre tract and hereof;
338346 THENCE, South 67°41’21" East, 61.09 feet along the north line
339347 of the called 710.338 acre tract and the south line of Lot 3B to the
340348 POINT OF BEGINNING, CONTAINING 344.0 acres (14,984,662 square feet)
341349 of land in Walker County, Texas, filed in the office of Elevation
342350 Land Solutions in The Woodlands, Texas.
343351 SECTION 3. (a) The legal notice of the intention to
344352 introduce this Act, setting forth the general substance of this
345353 Act, has been published as provided by law, and the notice and a
346354 copy of this Act have been furnished to all persons, agencies,
347355 officials, or entities to which they are required to be furnished
348356 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
349357 Government Code.
350358 (b) The governor, one of the required recipients, has
351359 submitted the notice and Act to the Texas Commission on
352360 Environmental Quality.
353361 (c) The Texas Commission on Environmental Quality has filed
354362 its recommendations relating to this Act with the governor, the
355363 lieutenant governor, and the speaker of the house of
356364 representatives within the required time.
357365 (d) All requirements of the constitution and laws of this
358366 state and the rules and procedures of the legislature with respect
359367 to the notice, introduction, and passage of this Act are fulfilled
360368 and accomplished.
361369 SECTION 4. (a) If this Act does not receive a two-thirds
362370 vote of all the members elected to each house, Subchapter C, Chapter
363371 7935A, Special District Local Laws Code, as added by Section 1 of
364372 this Act, is amended by adding Section 7935A.0306 to read as
365373 follows:
366374 Sec. 7935A.0306. NO EMINENT DOMAIN POWER. The district may
367375 not exercise the power of eminent domain.
368376 (b) This section is not intended to be an expression of a
369377 legislative interpretation of the requirements of Section 17(c),
370378 Article I, Texas Constitution.
371379 SECTION 5. This Act takes effect immediately if it receives
372380 a vote of two-thirds of all the members elected to each house, as
373381 provided by Section 39, Article III, Texas Constitution. If this
374382 Act does not receive the vote necessary for immediate effect, this
375383 Act takes effect September 1, 2021.
376- ______________________________ ______________________________
377- President of the Senate Speaker of the House
378- I certify that H.B. No. 4658 was passed by the House on May
379- 14, 2021, by the following vote: Yeas 105, Nays 40, 2 present, not
380- voting; and that the House concurred in Senate amendments to H.B.
381- No. 4658 on May 28, 2021, by the following vote: Yeas 100, Nays 43,
382- 2 present, not voting.
383- ______________________________
384- Chief Clerk of the House
385- I certify that H.B. No. 4658 was passed by the Senate, with
386- amendments, on May 27, 2021, by the following vote: Yeas 30, Nays
387- 1.
388- ______________________________
389- Secretary of the Senate
390- APPROVED: __________________
391- Date
392- __________________
393- Governor
384+ * * * * *