Texas 2021 - 87th Regular

Texas House Bill HB4662 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4662
	1	+	By: Thompson of Brazoria (Senate Sponsor - Taylor) H.B. No. 4662
	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 21, 2021, reported favorably by the following
	5	+	vote: Yeas 6, Nays 0; May 21, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the creation of the Brazoria County Municipal Utility
6	12		District No. 86; granting a limited power of eminent domain;
7	13		providing authority to issue bonds; providing authority to impose
8	14		assessments, fees, and taxes.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	17		Code, is amended by adding Chapter 7952A to read as follows:
12	18		CHAPTER 7952A. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 86
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 7952A.0101. DEFINITIONS. In this chapter:
15	21		(1) "Board" means the district's board of directors.
16	22		(2) "Commission" means the Texas Commission on
17	23		Environmental Quality.
18	24		(3) "Director" means a board member.
19	25		(4) "District" means the Brazoria County Municipal
20	26		Utility District No. 86.
21	27		Sec. 7952A.0102. NATURE OF DISTRICT. The district is a
22	28		municipal utility district created under Section 59, Article XVI,
23	29		Texas Constitution.
24	30		Sec. 7952A.0103. CONFIRMATION AND DIRECTOR ELECTION
25	31		REQUIRED. The temporary directors shall hold an election to
26	32		confirm the creation of the district and to elect five permanent
27	33		directors as provided by Section 49.102, Water Code.
28	34		Sec. 7952A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section
30	36		7952A.0103 until each municipality in whose corporate limits or
31	37		extraterritorial jurisdiction the district is located has
32	38		consented by ordinance or resolution to the creation of the
33	39		district and to the inclusion of land in the district.
34	40		Sec. 7952A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	41		(a) The district is created to serve a public purpose and benefit.
36	42		(b) The district is created to accomplish the purposes of:
37	43		(1) a municipal utility district as provided by
38	44		general law and Section 59, Article XVI, Texas Constitution; and
39	45		(2) Section 52, Article III, Texas Constitution, that
40	46		relate to the construction, acquisition, improvement, operation,
41	47		or maintenance of macadamized, graveled, or paved roads, or
42	48		improvements, including storm drainage, in aid of those roads.
43	49		Sec. 7952A.0106. INITIAL DISTRICT TERRITORY. (a) The
44	50		district is initially composed of the territory described by
45	51		Section 2 of the Act enacting this chapter.
46	52		(b) The boundaries and field notes contained in Section 2 of
47	53		the Act enacting this chapter form a closure. A mistake made in the
48	54		field notes or in copying the field notes in the legislative process
49	55		does not affect the district's:
50	56		(1) organization, existence, or validity;
51	57		(2) right to issue any type of bond for the purposes
52	58		for which the district is created or to pay the principal of and
53	59		interest on a bond;
54	60		(3) right to impose a tax; or
55	61		(4) legality or operation.
56	62		SUBCHAPTER B. BOARD OF DIRECTORS
57	63		Sec. 7952A.0201. GOVERNING BODY; TERMS. (a) The district
58	64		is governed by a board of five elected directors.
59	65		(b) Except as provided by Section 7952A.0202, directors
60	66		serve staggered four-year terms.
61	67		Sec. 7952A.0202. TEMPORARY DIRECTORS. (a) On or after the
62	68		effective date of the Act enacting this chapter, the owner or owners
63	69		of a majority of the assessed value of the real property in the
64	70		district may submit a petition to the commission requesting that
65	71		the commission appoint as temporary directors the five persons
66	72		named in the petition. The commission shall appoint as temporary
67	73		directors the five persons named in the petition.
68	74		(b) Temporary directors serve until the earlier of:
69	75		(1) the date permanent directors are elected under
70	76		Section 7952A.0103; or
71	77		(2) the fourth anniversary of the effective date of
72	78		the Act enacting this chapter.
73	79		(c) If permanent directors have not been elected under
74	80		Section 7952A.0103 and the terms of the temporary directors have
75	81		expired, successor temporary directors shall be appointed or
76	82		reappointed as provided by Subsection (d) to serve terms that
77	83		expire on the earlier of:
78	84		(1) the date permanent directors are elected under
79	85		Section 7952A.0103; or
80	86		(2) the fourth anniversary of the date of the
81	87		appointment or reappointment.
82	88		(d) If Subsection (c) applies, the owner or owners of a
83	89		majority of the assessed value of the real property in the district
84	90		may submit a petition to the commission requesting that the
85	91		commission appoint as successor temporary directors the five
86	92		persons named in the petition. The commission shall appoint as
87	93		successor temporary directors the five persons named in the
88	94		petition.
89	95		SUBCHAPTER C. POWERS AND DUTIES
90	96		Sec. 7952A.0301. GENERAL POWERS AND DUTIES. The district
91	97		has the powers and duties necessary to accomplish the purposes for
92	98		which the district is created.
93	99		Sec. 7952A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	100		DUTIES. The district has the powers and duties provided by the
95	101		general law of this state, including Chapters 49 and 54, Water Code,
96	102		applicable to municipal utility districts created under Section 59,
97	103		Article XVI, Texas Constitution.
98	104		Sec. 7952A.0303. AUTHORITY FOR ROAD PROJECTS. Under
99	105		Section 52, Article III, Texas Constitution, the district may
100	106		design, acquire, construct, finance, issue bonds for, improve,
101	107		operate, maintain, and convey to this state, a county, or a
102	108		municipality for operation and maintenance macadamized, graveled,
103	109		or paved roads, or improvements, including storm drainage, in aid
104	110		of those roads.
105	111		Sec. 7952A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	112		road project must meet all applicable construction standards,
107	113		zoning and subdivision requirements, and regulations of each
108	114		municipality in whose corporate limits or extraterritorial
109	115		jurisdiction the road project is located.
110	116		(b) If a road project is not located in the corporate limits
111	117		or extraterritorial jurisdiction of a municipality, the road
112	118		project must meet all applicable construction standards,
113	119		subdivision requirements, and regulations of each county in which
114	120		the road project is located.
115	121		(c) If the state will maintain and operate the road, the
116	122		Texas Transportation Commission must approve the plans and
117	123		specifications of the road project.
118	124		Sec. 7952A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
119	125		ORDINANCE OR RESOLUTION. The district shall comply with all
120	126		applicable requirements of any ordinance or resolution that is
121	127		adopted under Section 54.016 or 54.0165, Water Code, and that
122	128		consents to the creation of the district or to the inclusion of land
123	129		in the district.
124	130		Sec. 7952A.0306. DIVISION OF DISTRICT. (a) The district
125	131		may be divided into two or more new districts only if the district:
126	132		(1) has never issued any bonds; and
127	133		(2) is not imposing ad valorem taxes.
128	134		(b) This chapter applies to any new district created by the
129	135		division of the district, and a new district has all the powers and
130	136		duties of the district.
131	137		(c) A new district created by the division of the district
132	138		may not, at the time the new district is created, contain any land
133	139		outside the area described by Section 2 of the Act enacting this
134	140		chapter.
135	141		(d) The board, on its own motion or on receipt of a petition
136	142		signed by the owner or owners of a majority of the assessed value of
137	143		the real property in the district, may adopt an order dividing the
138	144		district.
139	145		(e) The board may adopt an order dividing the district
140	146		before or after the date the board holds an election under Section
141	147		7952A.0103 to confirm the district's creation.
142	148		(f) An order dividing the district shall:
143	149		(1) name each new district;
144	150		(2) include the metes and bounds description of the
145	151		territory of each new district;
146	152		(3) appoint temporary directors for each new district;
147	153		and
148	154		(4) provide for the division of assets and liabilities
149	155		between the new districts.
150	156		(g) On or before the 30th day after the date of adoption of
151	157		an order dividing the district, the district shall file the order
152	158		with the commission and record the order in the real property
153	159		records of each county in which the district is located.
154	160		(h) Any new district created by the division of the district
155	161		shall hold a confirmation and directors' election as required by
156	162		Section 7952A.0103.
157	163		(i) If the creation of the new district is confirmed, the
158	164		new district shall provide the election date and results to the
159	165		commission.
160	166		(j) Any new district created by the division of the district
161	167		must hold an election as required by this chapter to obtain voter
162	168		approval before the district may impose a maintenance tax or issue
163	169		bonds payable wholly or partly from ad valorem taxes.
164	170		(k) Municipal consent to the creation of the district and to
165	171		the inclusion of land in the district granted under Section
166	172		7952A.0104 acts as municipal consent to the creation of any new
167	173		district created by the division of the district and to the
168	174		inclusion of land in the new district.
169	175		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
170	176		Sec. 7952A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
171	177		The district may issue, without an election, bonds and other
172	178		obligations secured by:
173	179		(1) revenue other than ad valorem taxes; or
174	180		(2) contract payments described by Section
175	181		7952A.0403.
176	182		(b) The district must hold an election in the manner
177	183		provided by Chapters 49 and 54, Water Code, to obtain voter approval
178	184		before the district may impose an ad valorem tax or issue bonds
179	185		payable from ad valorem taxes.
180	186		(c) The district may not issue bonds payable from ad valorem
181	187		taxes to finance a road project unless the issuance is approved by a
182	188		vote of a two-thirds majority of the district voters voting at an
183	189		election held for that purpose.
184	190		Sec. 7952A.0402. OPERATION AND MAINTENANCE TAX. (a) If
185	191		authorized at an election held under Section 7952A.0401, the
186	192		district may impose an operation and maintenance tax on taxable
187	193		property in the district in accordance with Section 49.107, Water
188	194		Code.
189	195		(b) The board shall determine the tax rate. The rate may not
190	196		exceed the rate approved at the election.
191	197		Sec. 7952A.0403. CONTRACT TAXES. (a) In accordance with
192	198		Section 49.108, Water Code, the district may impose a tax other than
193	199		an operation and maintenance tax and use the revenue derived from
194	200		the tax to make payments under a contract after the provisions of
195	201		the contract have been approved by a majority of the district voters
196	202		voting at an election held for that purpose.
197	203		(b) A contract approved by the district voters may contain a
198	204		provision stating that the contract may be modified or amended by
199	205		the board without further voter approval.
200	206		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
201	207		Sec. 7952A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
202	208		OBLIGATIONS. The district may issue bonds or other obligations
203	209		payable wholly or partly from ad valorem taxes, impact fees,
204	210		revenue, contract payments, grants, or other district money, or any
205	211		combination of those sources, to pay for any authorized district
206	212		purpose.
207	213		Sec. 7952A.0502. TAXES FOR BONDS. At the time the district
208	214		issues bonds payable wholly or partly from ad valorem taxes, the
209	215		board shall provide for the annual imposition of a continuing
210	216		direct ad valorem tax, without limit as to rate or amount, while all
211	217		or part of the bonds are outstanding as required and in the manner
212	218		provided by Sections 54.601 and 54.602, Water Code.
213	219		Sec. 7952A.0503. BONDS FOR ROAD PROJECTS. At the time of
214	220		issuance, the total principal amount of bonds or other obligations
215	221		issued or incurred to finance road projects and payable from ad
216	222		valorem taxes may not exceed one-fourth of the assessed value of the
217	223		real property in the district.
218	224		SECTION 2. The Brazoria County Municipal Utility District
219	225		No. 86 initially includes all the territory contained in the
220	226		following area:
221	227		206.94 ACRES OF LAND, BEING A PART OF THE PERRY AND AUSTIN
222	228		LEAGUE, ABSTRACT 109, BRAZORIA COUNTY, TEXAS, AND BEING OUT OF THAT
223	229		CERTAIN TRACT DESCRIBED IN A DEED TO IP FARMS AS PARCEL 34, TRACT 1,
224	230		RECORDED IN VOLUME 1769, PAGE 350, DEED RECORDS OF BRAZORIA COUNTY,
225	231		TEXAS, SAID 206.94 ACRES BEING MORE PARTICULARLY DESCRIBED AS
226	232		FOLLOWS:
227	233		BEGINNING at a 3/4 inch iron pipe set for the South corner of
228	234		the herein described tract and the East corner of Tract 4 this day
229	235		surveyed in the Northwest right-of-way line of F. M. 2004 (300.0
230	236		feet wide in Volume 873, Page 612, Deed Records), said point being
231	237		located North 43 deg. 30 min. 34 sec. East - 1544.16 feet from a 3/4
232	238		inch iron pipe found at the East corner of a 15.0 acre tract
233	239		described in a deed from IP Farms to Regency Cleaners, Inc. recorded
234	240		in Clerk's File 00-032313;
235	241		THENCE North 43 deg. 35 min. 12 sec. West, along the Northeast
236	242		line of Tract 4, a distance of 121.04 feet to a 3/4 inch iron pipe
237	243		set for angle point;
238	244		THENCE North 55 deg. 26 min. 28 sec. West, along the Northeast
239	245		line of Tract 4, a distance of 161.66 feet to a 3/4 inch iron pipe
240	246		set for angle point;
241	247		THENCE North 44 deg. 16 min. 35 sec. West, along the Northeast
242	248		line of Tract 4, a distance of 1738.74 feet to a 3/4 inch iron pipe
243	249		set for angle point;
244	250		THENCE North 59 deg. 34 min. 22 sec. West, along the Northeast
245	251		line of Tract 4, a distance of 158.26 feet to a 3/4 inch iron pipe
246	252		set for angle point;
247	253		THENCE North 82 deg. 17 min. 31 sec. West, along the North
248	254		line of Tract 4, a distance of 827.12 feet to a 3/4 inch iron pipe
249	255		set for angle point;
250	256		THENCE South 68 deg. 39 min. 28 sec. West, along the North
251	257		line of Tract 4, a distance of 960.63 feet to a 3/4 inch iron pipe
252	258		found for the West corner of the herein described tract in the
253	259		Southeast line of Tract 5 heretofore surveyed;
254	260		THENCE North 22 deg. 08 min. 26 sec. East, along the Southeast
255	261		line of Tract 5, a distance of 152.05 feet to a 3/4 inch iron pipe
256	262		found for angle point;
257	263		THENCE North 39 deg. 52 min. 48 sec. East, along the Southeast
258	264		line of Tract 5, at 2279.02 feet pass a 3/4 inch iron pipe set for
259	265		reference corner, and continue for a total distance of 2379.02 feet
260	266		to a point marking the North corner of the herein described tract in
261	267		the Southwest line of Tract 6 this day surveyed, said point being in
262	268		the centerline of Persimmon Bayou;
263	269		THENCE North 85 deg. 31 min. 02 sec. East, along the
264	270		centerline of Persimmon Bayou and the Southwest line of Tract 6, at
265	271		52.97 feet pass the South corner of Tract 6 and the West corner of
266	272		Tract 2, and continue along the Southwest line of Tract 2 for a
267	273		total distance of 1183.48 feet to an angle point;
268	274		THENCE South 72 deg. 02 min. 39 sec. East, along the
269	275		centerline of Persimmon Bayou and the Southwest line of Tract 2, a
270	276		distance of 2183.60 feet to an angle point;
271	277		THENCE South 71 deg. 13 min. 56 sec. East, along the
272	278		centerline of Persimmon Bayou and the Southwest line of Tract 2, a
273	279		distance of 765.49 feet to a point marking the East corner of the
274	280		herein described tract in the Northwest right-of-way line of F. M.
275	281		2004, from which point a concrete monument found bears North 43 deg.
276	282		30 min. 34 sec. East - 355.35 feet;
277	283		THENCE South 43 deg. 30 min. 34 sec. West, along the Northwest
278	284		line of F. M. 2004, a distance of 3316.44 feet to the PLACE OF
279	285		BEGINNING and containing 206.94 acres of land.
280	286		SECTION 3. (a) The legal notice of the intention to
281	287		introduce this Act, setting forth the general substance of this
282	288		Act, has been published as provided by law, and the notice and a
283	289		copy of this Act have been furnished to all persons, agencies,
284	290		officials, or entities to which they are required to be furnished
285	291		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
286	292		Government Code.
287	293		(b) The governor, one of the required recipients, has
288	294		submitted the notice and Act to the Texas Commission on
289	295		Environmental Quality.
290	296		(c) The Texas Commission on Environmental Quality has filed
291	297		its recommendations relating to this Act with the governor, the
292	298		lieutenant governor, and the speaker of the house of
293	299		representatives within the required time.
294	300		(d) All requirements of the constitution and laws of this
295	301		state and the rules and procedures of the legislature with respect
296	302		to the notice, introduction, and passage of this Act are fulfilled
297	303		and accomplished.
298	304		SECTION 4. (a) If this Act does not receive a two-thirds
299	305		vote of all the members elected to each house, Subchapter C, Chapter
300	306		7952A, Special District Local Laws Code, as added by Section 1 of
301	307		this Act, is amended by adding Section 7952A.0307 to read as
302	308		follows:
303	309		Sec. 7952A.0307. NO EMINENT DOMAIN POWER. The district may
304	310		not exercise the power of eminent domain.
305	311		(b) This section is not intended to be an expression of a
306	312		legislative interpretation of the requirements of Section 17(c),
307	313		Article I, Texas Constitution.
308	314		SECTION 5. This Act takes effect immediately if it receives
309	315		a vote of two-thirds of all the members elected to each house, as
310	316		provided by Section 39, Article III, Texas Constitution. If this
311	317		Act does not receive the vote necessary for immediate effect, this
312	318		Act takes effect September 1, 2021.
313		-	______________________________ ______________________________
314		-	President of the Senate Speaker of the House
315		-	I certify that H.B. No. 4662 was passed by the House on May
316		-	14, 2021, by the following vote: Yeas 105, Nays 40, 2 present, not
317		-	voting.
318		-	______________________________
319		-	Chief Clerk of the House
320		-	I certify that H.B. No. 4662 was passed by the Senate on May
321		-	27, 2021, by the following vote: Yeas 30, Nays 1.
322		-	______________________________
323		-	Secretary of the Senate
324		-	APPROVED: _____________________
325		-	Date
326		-	_____________________
327		-	Governor
	319	+	* * * * *