Texas 2021 - 87th Regular

Texas House Bill HB4668 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4668
	1	+	By: Murr (Senate Sponsor - Gutierrez) H.B. No. 4668
	2	+	(In the Senate - Received from the House May 19, 2021;
	3	+	May 19, 2021, read first time and referred to Committee on Local
	4	+	Government; May 22, 2021, reported favorably by the following
	5	+	vote: Yeas 7, Nays 0; May 22, 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 Medina County Water Control and
6	12		Improvement District No. 4; granting a limited power of eminent
7	13		domain; providing authority to issue bonds; providing authority to
8	14		impose assessments, fees, and taxes.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Subtitle I, Title 6, Special District Local Laws
11	17		Code, is amended by adding Chapter 9031 to read as follows:
12	18		CHAPTER 9031. MEDINA COUNTY WATER CONTROL AND
13	19		IMPROVEMENT DISTRICT NO. 4
14	20		SUBCHAPTER A. GENERAL PROVISIONS
15	21		Sec. 9031.0101. DEFINITIONS. In this chapter:
16	22		(1) "Board" means the district's board of directors.
17	23		(2) "Commission" means the Texas Commission on
18	24		Environmental Quality.
19	25		(3) "Director" means a board member.
20	26		(4) "District" means the Medina County Water Control
21	27		and Improvement District No. 4.
22	28		Sec. 9031.0102. NATURE OF DISTRICT. The district is a water
23	29		control and improvement district created under Section 59, Article
24	30		XVI, Texas Constitution.
25	31		Sec. 9031.0103. CONFIRMATION AND DIRECTORS' ELECTION
26	32		REQUIRED. The temporary directors shall hold an election to
27	33		confirm the creation of the district and to elect five permanent
28	34		directors as provided by Section 49.102, Water Code.
29	35		Sec. 9031.0104. CONSENT OF MUNICIPALITY REQUIRED. The
30	36		temporary directors may not hold an election under Section
31	37		9031.0103 until each municipality in whose corporate limits or
32	38		extraterritorial jurisdiction the district is located has
33	39		consented by ordinance or resolution to the creation of the
34	40		district and to the inclusion of land in the district.
35	41		Sec. 9031.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	42		(a) The district is created to serve a public purpose and benefit.
37	43		(b) The district is created to accomplish the purposes of:
38	44		(1) a water control and improvement district as
39	45		provided by general law and Section 59, Article XVI, Texas
40	46		Constitution, including the collection, transportation,
41	47		processing, disposal, and control of domestic, industrial, or
42	48		communal waste and the gathering, conducting, diverting, and
43	49		control of local stormwater or other harmful excesses of water; and
44	50		(2) Section 52, Article III, Texas Constitution, that
45	51		relate to the construction, acquisition, improvement, operation,
46	52		or maintenance of macadamized, graveled, or paved roads, or
47	53		improvements, including storm drainage, in aid of those roads.
48	54		Sec. 9031.0106. INITIAL DISTRICT TERRITORY. (a) The
49	55		district is initially composed of the territory described by
50	56		Section 2 of the Act enacting this chapter.
51	57		(b) The boundaries and field notes contained in Section 2 of
52	58		the Act enacting this chapter form a closure. A mistake made in the
53	59		field notes or in copying the field notes in the legislative process
54	60		does not affect the district's:
55	61		(1) organization, existence, or validity;
56	62		(2) right to issue any type of bond for the purposes
57	63		for which the district is created or to pay the principal of and
58	64		interest on a bond;
59	65		(3) right to impose a tax; or
60	66		(4) legality or operation.
61	67		SUBCHAPTER B. BOARD OF DIRECTORS
62	68		Sec. 9031.0201. GOVERNING BODY; TERMS. (a) The district is
63	69		governed by a board of five elected directors.
64	70		(b) Except as provided by Section 9031.0202, directors
65	71		serve staggered four-year terms.
66	72		Sec. 9031.0202. TEMPORARY DIRECTORS. (a) The temporary
67	73		board consists of:
68	74		(1) Jim Welch;
69	75		(2) Allen Hoover;
70	76		(3) Matt Baillio;
71	77		(4) Skip Lietz; and
72	78		(5) David Higgins.
73	79		(b) Temporary directors serve until the earlier of:
74	80		(1) the date permanent directors are elected under
75	81		Section 9031.0103; or
76	82		(2) the fourth anniversary of the effective date of
77	83		the Act enacting this chapter.
78	84		(c) If permanent directors have not been elected under
79	85		Section 9031.0103 and the terms of the temporary directors have
80	86		expired, successor temporary directors shall be appointed or
81	87		reappointed as provided by Subsection (d) to serve terms that
82	88		expire on the earlier of:
83	89		(1) the date permanent directors are elected under
84	90		Section 9031.0103; or
85	91		(2) the fourth anniversary of the date of the
86	92		appointment or reappointment.
87	93		(d) If Subsection (c) applies, the owner or owners of a
88	94		majority of the assessed value of the real property in the district
89	95		may submit a petition to the commission requesting that the
90	96		commission appoint as successor temporary directors the five
91	97		persons named in the petition. The commission shall appoint as
92	98		successor temporary directors the five persons named in the
93	99		petition.
94	100		SUBCHAPTER C. POWERS AND DUTIES
95	101		Sec. 9031.0301. GENERAL POWERS AND DUTIES. The district
96	102		has the powers and duties necessary to accomplish the purposes for
97	103		which the district is created.
98	104		Sec. 9031.0302. WATER CONTROL AND IMPROVEMENT DISTRICT
99	105		POWERS AND DUTIES. The district has the powers and duties provided
100	106		by the general law of this state, including Chapters 49 and 51,
101	107		Water Code, applicable to water control and improvement districts
102	108		created under Section 59, Article XVI, Texas Constitution, and
103	109		specifically including the powers and duties authorized under
104	110		Subchapter H, Chapter 51, Water Code.
105	111		Sec. 9031.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
106	112		52, Article III, Texas Constitution, the district may design,
107	113		acquire, construct, finance, issue bonds for, improve, operate,
108	114		maintain, and convey to this state, a county, or a municipality for
109	115		operation and maintenance macadamized, graveled, or paved roads, or
110	116		improvements, including storm drainage, in aid of those roads.
111	117		Sec. 9031.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
112	118		road project must meet all applicable construction standards,
113	119		subdivision requirements, and regulations of each municipality in
114	120		whose corporate limits or extraterritorial jurisdiction the road
115	121		project is located.
116	122		(b) If a road project is not located in the corporate limits
117	123		or extraterritorial jurisdiction of a municipality, the road
118	124		project must meet all applicable construction standards, zoning and
119	125		subdivision requirements, and regulations of each county in which
120	126		the road project is located.
121	127		(c) If the state will maintain and operate the road, the
122	128		Texas Transportation Commission must approve the plans and
123	129		specifications of the road project.
124	130		Sec. 9031.0305. COMPLIANCE WITH MUNICIPAL CONSENT
125	131		ORDINANCE OR RESOLUTION. The district shall comply with all
126	132		applicable requirements of any ordinance or resolution that is
127	133		adopted under Section 42.042 or 42.0425, Local Government Code, and
128	134		consents to the creation of the district or to the inclusion of land
129	135		in the district.
130	136		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
131	137		Sec. 9031.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
132	138		The district may issue, without an election, bonds and other
133	139		obligations secured by:
134	140		(1) revenue other than ad valorem taxes; or
135	141		(2) contract payments described by Section 9031.0403.
136	142		(b) The district must hold an election in the manner
137	143		provided by Chapters 49 and 51, Water Code, to obtain voter approval
138	144		before the district may impose an ad valorem tax or issue bonds
139	145		payable from ad valorem taxes.
140	146		(c) The district may not issue bonds payable from ad valorem
141	147		taxes to finance a road project unless the issuance is approved by a
142	148		vote of a two-thirds majority of the district voters voting at an
143	149		election held for that purpose.
144	150		Sec. 9031.0402. OPERATION AND MAINTENANCE TAX. (a) If
145	151		authorized at an election held under Section 9031.0401, the
146	152		district may impose an operation and maintenance tax on taxable
147	153		property in the district in accordance with Section 49.107, Water
148	154		Code.
149	155		(b) The board shall determine the tax rate. The rate may not
150	156		exceed the rate approved at the election.
151	157		Sec. 9031.0403. CONTRACT TAXES. (a) In accordance with
152	158		Section 49.108, Water Code, the district may impose a tax other than
153	159		an operation and maintenance tax and use the revenue derived from
154	160		the tax to make payments under a contract after the provisions of
155	161		the contract have been approved by a majority of the district voters
156	162		voting at an election held for that purpose.
157	163		(b) A contract approved by the district voters may contain a
158	164		provision stating that the contract may be modified or amended by
159	165		the board without further voter approval.
160	166		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
161	167		Sec. 9031.0501. AUTHORITY TO ISSUE BONDS AND OTHER
162	168		OBLIGATIONS. The district may issue bonds or other obligations
163	169		payable wholly or partly from ad valorem taxes, impact fees,
164	170		revenue, contract payments, grants, or other district money, or any
165	171		combination of those sources, to pay for any authorized district
166	172		purpose.
167	173		Sec. 9031.0502. TAXES FOR BONDS. At the time the district
168	174		issues bonds payable wholly or partly from ad valorem taxes, the
169	175		board shall provide for the annual imposition of a continuing
170	176		direct ad valorem tax, without limit as to rate or amount, while all
171	177		or part of the bonds are outstanding as required and in the manner
172	178		provided by Section 51.433, Water Code.
173	179		Sec. 9031.0503. BONDS FOR ROAD PROJECTS. At the time of
174	180		issuance, the total principal amount of bonds or other obligations
175	181		issued or incurred to finance road projects and payable from ad
176	182		valorem taxes may not exceed one-fourth of the assessed value of the
177	183		real property in the district.
178	184		SECTION 2. The Medina County Water Control and Improvement
179	185		District No. 4 initially includes all the territory contained in
180	186		the following area:
181	187		FIELD NOTES FOR A 386.666 ACRE TRACT OF LAND IN THE JOSE
182	188		JACINTO GONZALES SURVEY 255, ABSTRACT NO. 408, AND THE BERIANA
183	189		SANDOVAL SURVEY 40, ABSTRACT NO. 840, MEDINA COUNTY, TEXAS, BEING
184	190		ALL OF A CALLED 177.28 ACRE TRACT OF LAND AS CONVEYED UNTO TAUNA R.
185	191		WILTZ IN VOLUME 690, PAGE 494 OF THE OFFICIAL RECORDS OF MEDINA
186	192		COUNTY, TEXAS, ALL OF A CALLED 58.588 ACRE TRACT OF LAND (TRACT 5)
187	193		AS CONVEYED UNTO ROSALIE J. KAIL IN VOLUME 295, PAGE 857 OF THE DEED
188	194		RECORDS OF MEDINA COUNTY, TEXAS, ALL OF A CALLED 116.2 ACRE TRACT OF
189	195		LAND AS CONVEYED UNTO CHRIS RANDAL SCHUCHART IN VOLUME 106, PAGE 705
190	196		OF THE OFFICIAL PUBLIC RECORDS OF MEDINA COUNTY, TEXAS, AND A
191	197		PORTION OF THE REMAINING PORTION OF A CALLED 285.71 ACRE TRACT OF
192	198		LAND AS CONVEYED UNTO CHRIS SCHUCHART IN DOCUMENT NUMBER 2019007792
193	199		OF THE PUBLIC RECORDS OF MEDINA COUNTY, TEXAS; SAID 386.666 ACRE
194	200		TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
195	201		FOLLOWS:
196	202		BEGINNING at a calculated point of the curvilinear west
197	203		right-of-way line of Farm-to-Market (F.M.) Road 471 (R.O.W. ~ 80')
198	204		a shown on the Texas Department of Transportation Right-of-way
199	205		retracement map dated 12/17/2004 at the common corner of said
200	206		177.28 acre tract and a called 58.588 acre tract of land (Tract 4)
201	207		as conveyed unto Millard G. Schuchart in the aforementioned Volume
202	208		295, Page 857, for the easterly northeast corner and POINT OF
203	209		BEGINNING of the herein described tract:
204	210		THENCE, coincident with the common line of said west
205	211		right-of-way, the 177.28 acre tract and the aforementioned 58.588
206	212		acre tract (Tract 5) the following three (3) courses:
207	213		1) Curving to the left, with a radius of 612.96 feet, an arc
208	214		length of 22.15 feet, a central angle of 02°04'13", a chord bearing
209	215		of S 05°52'13" W, and a chord distance of 22.15 feet to a calculated
210	216		point for a point of tangency of the herein described tract;
211	217		2) S 04°50'07" W, a distance of 1,545.14 feet to a calculated
212	218		point for an angle point of the herein described tract;
213	219		3) S 06°01'04" W, a distance of 851.43 feet to a calculated
214	220		point at the common corner of said Tract 5 and Rio Medina Estates as
215	221		recorded in Volume 4, Pages 32-33 of the Plat Records of Medina
216	222		County, Texas, for the easterly southeast corner of the herein
217	223		described tract;
218	224		THENCE, S 89°33'31" W, departing said common line, coincident
219	225		with the common line of Tract 5 and said Rio Medina Estates, a
220	226		distance of 2,280.86 feet to a calculated point on the east line of
221	227		the aforementioned 116.2 acre tract at the common corner of Tract 5
222	228		and Rio Medina Estates, for a re-entrant corner of the herein
223	229		described tract:
224	230		THENCE, S 00°52'29" W, coincident with the common line of Rio
225	231		Medina Estates and said 116.2 acre tract, a distance of 1,109.01
226	232		feet to a calculated point on the north line of a called 114.675
227	233		acre tract of land conveyed unto Randall Allen Haby and described in
228	234		Volume 241, Page 85 of the Official Public Records of Medina County,
229	235		Texas, at the common corner of the 116.2 acre tract and Rio Medina
230	236		Estates, for the southerly southeast corner of the herein described
231	237		tract:
232	238		THENCE, S 89°29'24" W, coincident with the common line of the
233	239		116.2 acre tract, said 114.675 acre tract, the aforementioned
234	240		remaining portion of the 285.71 acre tract, a called 47.175 acre
235	241		tract of land as conveyed unto Newcity Communications of SA, Inc in
236	242		Volume 108, Page 281 of the Official Public Records of Medina
237	243		County, Texas and a called 375.53 acre tract of land as conveyed
238	244		unto Linda Haby Wurzbach in Volume 758, Page 1132 of the Official
239	245		Records of Medina County, Texas, a distance of 3,060.72 feet to a
240	246		calculated point for the southwest corner of the herein described
241	247		tract;
242	248		THENCE, departing said common line, over and across said
243	249		remaining portion of the 285.71 acre tract the following six (6)
244	250		courses:
245	251		1) N 21°29'40" E, a distance of 410.53 feet to a calculated
246	252		point for an angle point of the herein described tract;
247	253		2) N 77°53'57" E, a distance of 1,305.08 feet to a calculated
248	254		point for an angle point of the herein described tract;
249	255		3) N 10°39'31" E, a distance of 597.05 feet to a calculated
250	256		point for an angle point of the herein described tract;
251	257		4) N 07°19'17" W, a distance of 1,014.63 feet to a calculated
252	258		point for an angle point of the herein described tract;
253	259		5) N 58°37'44" W, a distance of 713.48 feet to a calculated
254	260		point for an angle point of the herein described tract;
255	261		6) N 28°45'29" E, a distance of 957.02 feet to a calculated
256	262		point on the common line of the remaining portion of the 285.71 acre
257	263		tract and the aforementioned 116.2 acre tract, for an angle point of
258	264		the herein described tract;
259	265		THENCE, N 09°48'15" W, coincident with the common line of the
260	266		remaining portion of 285.71 acre tract and said 116.2 acre tract, a
261	267		distance of 937.08 feet to a calculated point on the southeast
262	268		right-of-way line of County Road (C.R.) 371, (R.O.W. ~ varies), no
263	269		reference found, at the common corner of the remaining portion of
264	270		the 285.71 acre tract and the 116.2 acre tract, for an angle point
265	271		of the herein described tract;
266	272		THENCE, N 31°22'00" E, coincident with the common line of said
267	273		116.2 acre tract and said right-of-way, a distance of 510.54 feet to
268	274		a calculated point at the southwest end of the cutback line from the
269	275		south right-of-way line of F.M. 1283, (R.O.W. ~ varies, 100' min.)
270	276		as shown on the Texas Department of Transportation Right-of-way
271	277		Retracement Map dated 3/30/2005, for an angle point of the herein
272	278		described tract:
273	279		THENCE, N 75°12'03" E, coincident with the common line of said
274	280		cutback and the 116.2 acre tract, a distance of 146.97 feet to a
275	281		calculated point on the curvilinear south right-of-way line of said
276	282		F.M. 1283, at the beginning of a non-tangent curve for an angle
277	283		point of the herein described tract;
278	284		THENCE, coincident with the common line of said right-of-way,
279	285		the 116.2 acre tract and the aforementioned 177.28 acre tract the
280	286		following three (3) courses:
281	287		1) Curving to the left, with a radius of 1,969.64 feet, an
282	288		arc length of 1,538.16 feet, a central angle of 44°44'39", a chord
283	289		bearing of S 84°46'27" E, and a chord distance of 1,499.37 feet to a
284	290		calculated point at the end of this curve;
285	291		2) N 70°56'40" E, a distance of 300.17 feet to a calculated
286	292		point, for an angle point of the herein described tract:
287	293		3) N 72°51'16" E, a distance of 930.81 feet to a calculated
288	294		point, at the common corner of said 177.28 acre tract and the
289	295		aforementioned 58.588 acre tract (Tract 4), for the northeast
290	296		corner of the herein described tract:
291	297		THENCE, departing said common line, coincident with the
292	298		common line of the 177.28 acre tract and said Tract 4, the following
293	299		three (3) courses:
294	300		1) S 02°38'00" E, a distance of 673.15 feet to a calculated
295	301		point for an angle point of the herein described tract:
296	302		2) S 49°26'10" E, a distance of 1,241.45 feet to a calculated
297	303		point for an angle point of the herein described tract:
298	304		3) S 83°25'00" E, a distance of 435.47 feet to the POINT OF
299	305		BEGINNING and containing 386.666 acres of land, more or less.
300	306		SECTION 3. (a) The legal notice of the intention to
301	307		introduce this Act, setting forth the general substance of this
302	308		Act, has been published as provided by law, and the notice and a
303	309		copy of this Act have been furnished to all persons, agencies,
304	310		officials, or entities to which they are required to be furnished
305	311		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
306	312		Government Code.
307	313		(b) The governor, one of the required recipients, has
308	314		submitted the notice and Act to the Texas Commission on
309	315		Environmental Quality.
310	316		(c) The Texas Commission on Environmental Quality has filed
311	317		its recommendations relating to this Act with the governor, the
312	318		lieutenant governor, and the speaker of the house of
313	319		representatives within the required time.
314	320		(d) All requirements of the constitution and laws of this
315	321		state and the rules and procedures of the legislature with respect
316	322		to the notice, introduction, and passage of this Act are fulfilled
317	323		and accomplished.
318	324		SECTION 4. (a) If this Act does not receive a two-thirds
319	325		vote of all the members elected to each house, Subchapter C, Chapter
320	326		9031, Special District Local Laws Code, as added by Section 1 of
321	327		this Act, is amended by adding Section 9031.0306 to read as follows:
322	328		Sec. 9031.0306. NO EMINENT DOMAIN POWER. The district may
323	329		not exercise the power of eminent domain.
324	330		(b) This section is not intended to be an expression of a
325	331		legislative interpretation of the requirements of Section 17(c),
326	332		Article I, Texas Constitution.
327	333		SECTION 5. This Act takes effect immediately if it receives
328	334		a vote of two-thirds of all the members elected to each house, as
329	335		provided by Section 39, Article III, Texas Constitution. If this
330	336		Act does not receive the vote necessary for immediate effect, this
331	337		Act takes effect September 1, 2021.
332		-	______________________________ ______________________________
333		-	President of the Senate Speaker of the House
334		-	I certify that H.B. No. 4668 was passed by the House on May
335		-	18, 2021, by the following vote: Yeas 100, Nays 37, 2 present, not
336		-	voting.
337		-	______________________________
338		-	Chief Clerk of the House
339		-	I certify that H.B. No. 4668 was passed by the Senate on May
340		-	25, 2021, by the following vote: Yeas 31, Nays 0.
341		-	______________________________
342		-	Secretary of the Senate
343		-	APPROVED: _____________________
344		-	Date
345		-	_____________________
346		-	Governor
	338	+	* * * * *