Texas 2021 - 87th Regular

Texas Senate Bill SB2145 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2145
	1	+	By: Taylor S.B. No. 2145
	2	+	(Thompson of Brazoria)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the creation of the Brazoria County Municipal Utility
6	8		District No. 79; granting a limited power of eminent domain;
7	9		providing authority to issue bonds; providing authority to impose
8	10		assessments, fees, and taxes.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	13		Code, is amended by adding Chapter 8151 to read as follows:
12	14		CHAPTER 8151. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 79
13	15		SUBCHAPTER A. GENERAL PROVISIONS
14	16		Sec. 8151.0101. DEFINITIONS. In this chapter:
15	17		(1) "Board" means the district's board of directors.
16	18		(2) "Commission" means the Texas Commission on
17	19		Environmental Quality.
18	20		(3) "Director" means a board member.
19	21		(4) "District" means the Brazoria County Municipal
20	22		Utility District No. 79.
21	23		Sec. 8151.0102. NATURE OF DISTRICT. The district is a
22	24		municipal utility district created under Section 59, Article XVI,
23	25		Texas Constitution.
24	26		Sec. 8151.0103. CONFIRMATION AND DIRECTOR ELECTION
25	27		REQUIRED. The temporary directors shall hold an election to
26	28		confirm the creation of the district and to elect five permanent
27	29		directors as provided by Section 49.102, Water Code.
28	30		Sec. 8151.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	31		temporary directors may not hold an election under Section
30	32		8151.0103 until each municipality in whose corporate limits or
31	33		extraterritorial jurisdiction the district is located has
32	34		consented by ordinance or resolution to the creation of the
33	35		district and to the inclusion of land in the district.
34	36		Sec. 8151.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	37		(a) The district is created to serve a public purpose and benefit.
36	38		(b) The district is created to accomplish the purposes of:
37	39		(1) a municipal utility district as provided by
38	40		general law and Section 59, Article XVI, Texas Constitution; and
39	41		(2) Section 52, Article III, Texas Constitution, that
40	42		relate to the construction, acquisition, improvement, operation,
41	43		or maintenance of macadamized, graveled, or paved roads, or
42	44		improvements, including storm drainage, in aid of those roads.
43	45		Sec. 8151.0106. INITIAL DISTRICT TERRITORY. (a) The
44	46		district is initially composed of the territory described by
45	47		Section 2 of the Act enacting this chapter.
46	48		(b) The boundaries and field notes contained in Section 2 of
47	49		the Act enacting this chapter form a closure. A mistake made in the
48	50		field notes or in copying the field notes in the legislative process
49	51		does not affect the district's:
50	52		(1) organization, existence, or validity;
51	53		(2) right to issue any type of bond for the purposes
52	54		for which the district is created or to pay the principal of and
53	55		interest on a bond;
54	56		(3) right to impose a tax; or
55	57		(4) legality or operation.
56	58		SUBCHAPTER B. BOARD OF DIRECTORS
57	59		Sec. 8151.0201. GOVERNING BODY; TERMS. (a) The district is
58	60		governed by a board of five elected directors.
59	61		(b) Except as provided by Section 8151.0202, directors
60	62		serve staggered four-year terms.
61	63		Sec. 8151.0202. TEMPORARY DIRECTORS. (a) The temporary
62	64		board consists of:
63	65		(1) Mark C. Wargo;
64	66		(2) Kathleen English;
65	67		(3) Inna Babbitt;
66	68		(4) Linda Houston; and
67	69		(5) John B. Tickle.
68	70		(b) Temporary directors serve until the earlier of:
69	71		(1) the date permanent directors are elected under
70	72		Section 8151.0103; or
71	73		(2) the fourth anniversary of the effective date of
72	74		the Act enacting this chapter.
73	75		(c) If permanent directors have not been elected under
74	76		Section 8151.0103 and the terms of the temporary directors have
75	77		expired, successor temporary directors shall be appointed or
76	78		reappointed as provided by Subsection (d) to serve terms that
77	79		expire on the earlier of:
78	80		(1) the date permanent directors are elected under
79	81		Section 8151.0103; or
80	82		(2) the fourth anniversary of the date of the
81	83		appointment or reappointment.
82	84		(d) If Subsection (c) applies, the owner or owners of a
83	85		majority of the assessed value of the real property in the district
84	86		may submit a petition to the commission requesting that the
85	87		commission appoint as successor temporary directors the five
86	88		persons named in the petition. The commission shall appoint as
87	89		successor temporary directors the five persons named in the
88	90		petition.
89	91		SUBCHAPTER C. POWERS AND DUTIES
90	92		Sec. 8151.0301. GENERAL POWERS AND DUTIES. The district
91	93		has the powers and duties necessary to accomplish the purposes for
92	94		which the district is created.
93	95		Sec. 8151.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	96		DUTIES. The district has the powers and duties provided by the
95	97		general law of this state, including Chapters 49 and 54, Water Code,
96	98		applicable to municipal utility districts created under Section 59,
97	99		Article XVI, Texas Constitution.
98	100		Sec. 8151.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99	101		52, Article III, Texas Constitution, the district may design,
100	102		acquire, construct, finance, issue bonds for, improve, operate,
101	103		maintain, and convey to this state, a county, or a municipality for
102	104		operation and maintenance macadamized, graveled, or paved roads, or
103	105		improvements, including storm drainage, in aid of those roads.
104	106		Sec. 8151.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	107		road project must meet all applicable construction standards,
106	108		zoning and subdivision requirements, and regulations of each
107	109		municipality in whose corporate limits or extraterritorial
108	110		jurisdiction the road project is located.
109	111		(b) If a road project is not located in the corporate limits
110	112		or extraterritorial jurisdiction of a municipality, the road
111	113		project must meet all applicable construction standards,
112	114		subdivision requirements, and regulations of each county in which
113	115		the road project is located.
114	116		(c) If the state will maintain and operate the road, the
115	117		Texas Transportation Commission must approve the plans and
116	118		specifications of the road project.
117	119		Sec. 8151.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118	120		ORDINANCE OR RESOLUTION. The district shall comply with all
119	121		applicable requirements of any ordinance or resolution that is
120	122		adopted under Section 54.016 or 54.0165, Water Code, and that
121	123		consents to the creation of the district or to the inclusion of land
122	124		in the district.
123	125		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
124	126		Sec. 8151.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
125	127		The district may issue, without an election, bonds and other
126	128		obligations secured by:
127	129		(1) revenue other than ad valorem taxes; or
128	130		(2) contract payments described by Section 8151.0403.
129	131		(b) The district must hold an election in the manner
130	132		provided by Chapters 49 and 54, Water Code, to obtain voter approval
131	133		before the district may impose an ad valorem tax or issue bonds
132	134		payable from ad valorem taxes.
133	135		(c) The district may not issue bonds payable from ad valorem
134	136		taxes to finance a road project unless the issuance is approved by a
135	137		vote of a two-thirds majority of the district voters voting at an
136	138		election held for that purpose.
137	139		Sec. 8151.0402. OPERATION AND MAINTENANCE TAX. (a) If
138	140		authorized at an election held under Section 8151.0401, the
139	141		district may impose an operation and maintenance tax on taxable
140	142		property in the district in accordance with Section 49.107, Water
141	143		Code.
142	144		(b) The board shall determine the tax rate. The rate may not
143	145		exceed the rate approved at the election.
144	146		Sec. 8151.0403. CONTRACT TAXES. (a) In accordance with
145	147		Section 49.108, Water Code, the district may impose a tax other than
146	148		an operation and maintenance tax and use the revenue derived from
147	149		the tax to make payments under a contract after the provisions of
148	150		the contract have been approved by a majority of the district voters
149	151		voting at an election held for that purpose.
150	152		(b) A contract approved by the district voters may contain a
151	153		provision stating that the contract may be modified or amended by
152	154		the board without further voter approval.
153	155		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	156		Sec. 8151.0501. AUTHORITY TO ISSUE BONDS AND OTHER
155	157		OBLIGATIONS. The district may issue bonds or other obligations
156	158		payable wholly or partly from ad valorem taxes, impact fees,
157	159		revenue, contract payments, grants, or other district money, or any
158	160		combination of those sources, to pay for any authorized district
159	161		purpose.
160	162		Sec. 8151.0502. TAXES FOR BONDS. At the time the district
161	163		issues bonds payable wholly or partly from ad valorem taxes, the
162	164		board shall provide for the annual imposition of a continuing
163	165		direct ad valorem tax, without limit as to rate or amount, while all
164	166		or part of the bonds are outstanding as required and in the manner
165	167		provided by Sections 54.601 and 54.602, Water Code.
166	168		Sec. 8151.0503. BONDS FOR ROAD PROJECTS. At the time of
167	169		issuance, the total principal amount of bonds or other obligations
168	170		issued or incurred to finance road projects and payable from ad
169	171		valorem taxes may not exceed one-fourth of the assessed value of the
170	172		real property in the district.
171	173		SECTION 2. The Brazoria County Municipal Utility District
172	174		No. 79 initially includes all the territory contained in the
173	175		following area:
174	176		Being 79.905 acres of land located in the A. C. H. & B. R. R.
175	177		Co. Survey, Section 90 also known as the Kate R. Ehrmann Survey,
176	178		Abstract 459 of Brazoria County, Texas, more particularly being a
177	179		portion of Block "O" of the Allison Richey Gulf Coast Home Company
178	180		Part of Suburban Gardens, a subdivision of record in Volume 2, Page
179	181		91 & 92, Plat Records, Brazoria County, Texas (B.C.P.R.) more
180	182		particularly being all of those certain tracts called 2.2229 acres
181	183		(referred to as Tract B), 16.6700 acres (referred to as Tract C),
182	184		46.8412 acres (referred to as Tract D), 14.1479 acres (referred to
183	185		as Tract E) conveyed to VDB Partners, Ltd, by instrument of record
184	186		in File Number 99-050835, Official Records of Brazoria County,
185	187		Texas (B.C.O.R.), all of those certain tracts called 46.8412 acres
186	188		(referred to as Tract D), and 14.1479 acres (referred to as Tract E)
187	189		conveyed to VDB Partners, Ltd, by instrument of record in File
188	190		Number 99- 050834, B.C.O.R. and in an affidavit to correct legal
189	191		description of record under File Number 2006000883, B.C.O.R., said
190	192		79.905 acres being more particularly described by metes and bounds
191	193		in two tracts, Tract One being 16.447 acres and Tract Two being
192	194		63.458 acres as follows (all bearings referenced to the Texas
193	195		Coordinate System, South Central Zone, NAO 83 (1993 adjustment));
194	196		TRACT ONE
195	197		BEGINNING at a 5/8-inch iron rod found for a re-entrant
196	198		corner on the north line of that certain called 99.9653 acre tract
197	199		conveyed to SLP 288 and Rodeo Palms II, LP, by instrument of record
198	200		in File No. 2004064049, B.C.O.R.;
199	201		Thence, North 03° 08' 38" West, along the west line of said
200	202		14.1479 acre tract and the most northerly east line of said 99.9653
201	203		acre tract, 333.68 feet to a 5/8-inch iron rod with cap stamped "LA
202	204		THOMPSON 3987" found for the most northerly northeast corner of
203	205		said 99.9653 acre tract, same being the southeast corner of Lot 19,
204	206		Section 90 of the Allison Richey Gulf Coast Home Company Part of
205	207		Suburban Gardens, a subdivision of record in Volume 2, Page 98,
206	208		B.C.P.R.;
207	209		Thence, North 03° 19' 05" West, continuing along the west line
208	210		of said 14.1479 acre tract and along the east line of said Lot 19 and
209	211		Lot 18 of said subdivision, passing at 1,318.43 feet a TXDOT
210	212		concrete right-of-way monument found for the northeast corner of
211	213		said Lot 18 and for an angle point on the easterly right-of-way line
212	214		of State Highway 288 (width varies), from which a found TXDOT
213	215		concrete right-of-way monument bears South 85° 24' 57" West, 7.42
214	216		feet for an angle point on said easterly right-of-way line, and
215	217		continuing along said easterly right-of-way line and said west line
216	218		in all 1,354.07 feet to a 5/8-inch iron rod with cap stamped "LJA
217	219		ENG" set for an angle point on said easterly right-of-way line;
218	220		Thence, North 09° 45' 18" East, continuing along said 14.1479
219	221		acre tract and said easterly right-of-way line, passing at 472.50
220	222		feet a 5/8-inch iron rod found for the common west corner of said
221	223		14.1479 acre tract and the aforementioned 2.2229 acre tract, and
222	224		continuing along the common line of said easterly right-of-way line
223	225		and the westerly line of said 2.2229 acre tract, in all 865.71 feet
224	226		to a TXDOT concrete right-of-way monument found for an angle point
225	227		on said easterly right-of-way line, the beginning of a curve;
226	228		Thence, continuing along said common line, 251.31 feet along
227	229		the arc of a non-tangent curve to the left having a radius of
228	230		1,195.92 feet, a central angle of 12° 02' 25", and a chord that bears
229	231		North 03° 59' 19" East, 250.85 feet to a TXDOT concrete right-of-way
230	232		monument found for the point of tangency of said easterly
231	233		right-of-way line;
232	234		Thence, North 02° 01' 53" West, continuing along said common
233	235		line, 23.81 feet to a 5/8- inch iron rod with cap stamped "LJA ENG"
234	236		set for an angle point on said easterly right-of-way line;
235	237		Thence, North 41° 22' 51" East, continuing along said common
236	238		line, 139.94 feet to a 5/8- inch iron rod with cap stamped "LJA ENG"
237	239		set for an angle point on said easterly right-of-way line, said
238	240		point being the north corner of said 2.2229 acre tract and located
239	241		at the intersection of said easterly right-of-way line and the west
240	242		right-of-way line of County Road No. 82 (70 feet wide, AKA Iowa
241	243		Lane);
242	244		Thence, South 02° 27' 53" East, along said west right-of-way
243	245		line and the east line of said 2.2229 acre tract, passing at 755.91
244	246		feet the common east corner of said 2.2229 and 14.1479 acre tracts,
245	247		from which a found 5/8-inch iron rod bears North 81° 46' 31" West,
246	248		2.79 feet and a found 1/2-inch iron rod bears South 05° 03' 37"
247	249		East, 6.31 feet, and continuing along said west right-of-way line
248	250		and the east line of said 14.1479 acre tract, in all 2,903.60 feet
249	251		to a 5/8-inch iron rod with cap stamped "LJA ENG" set for the
250	252		intersection of said west right-of-way line with the north line of
251	253		said 99.9653 acre tract, from which a 5/8-inch iron rod bears North
252	254		02° 27' 53" West, 1.68 feet;
253	255		Thence, South 86° 42' 53" West, along the north line of said
254	256		99.9653 acre tract, 284.45 feet the POINT OF BEGINNING and
255	257		containing 16.447 acres of land.
256	258		TRACT TWO
257	259		BEGINNING at a 5/8-inch iron rod found for the northeast
258	260		corner of that certain called 99.9653 acre tract conveyed to SLP 288
259	261		and Rodeo Palms II, LP, by instrument of record in File
260	262		No. 2004064049, B.C.O.R.;
261	263		Thence, South 86° 42' 53" West, along the most easterly north
262	264		line of said 99.9653 acre tract, 964.95 feet to a 5/8-inch iron rod
263	265		with cap stamped "LJA ENG" set for the intersection of the east
264	266		right-of-way line of County Road No. 82 (70 feet wide, AKA Iowa
265	267		Lane) with the north line of said 99.9653 acre tract;
266	268		Thence, North 02° 27' 53" West, along said east right-of-way
267	269		line, passing at 2,147.50 feet the common west corner of the
268	270		aforementioned 46.8412 acre tract and the aforementioned 16.6700
269	271		acre tract, from which a found 5/8-inch iron rod bears North 71° 19'
270	272		55" West, 2.93 feet and a found 1/2-inch iron rod bears South 25° 18'
271	273		36" East, 6.82 feet, and continuing along said east right-of-way
272	274		line and the west line of the aforementioned 16.6700 acre tract, in
273	275		all 2,903.69 feet to a 5/8-inch iron rod with cap stamped "LJA ENG"
274	276		set for the intersection of said east right- of-way line and
275	277		easterly right-of-way line of State Highway 288 (width varies);
276	278		Thence, North 86° 38' 43" East, along said easterly
277	279		right-of-way line and along a north line of said 16.6700 acre tract,
278	280		139.51 feet to a 5/8-inch iron rod found for an angle point on said
279	281		easterly right-of-way line and a re-entrant corner on said north
280	282		line;
281	283		Thence, North 04° 30' 35" West, continuing along said easterly
282	284		right-of-way line and said north line, 29.58 feet to a 5/8-inch iron
283	285		rod found at the intersection of said easterly right-of-way line
284	286		and the south right-of-way line of County Road 58 (called 60 feet
285	287		wide);
286	288		Thence, North 86° 44' 06" East, along said south right-of-way
287	289		line and said north line, passing at 754.62 feet the common survey
288	290		line of said A. C. H. & B. R. R. Co. Survey, Section 90 and the Mary
289	291		V. O'Donnell! Survey, Abstract 469, of said Brazoria County,
290	292		continuing in all
291	293		784.31 feet to a 5/8-inch iron rod with cap stamped "LJA ENG"
292	294		set for the northeast corner of said 16.6700 acre tract as described
293	295		in File Number 99-050835, B.C.O.R.;
294	296		Thence, South 03° 17' 19" East, along the record east line of
295	297		said 16.6700 acre tract, passing at 785.03 feet the common east
296	298		corner of said 16.6700 and 46.8412 acre tracts, and continuing
297	299		along the record east line of said 46.8412 acre tract in all
298	300		2,932.86 feet to the POINT OF BEGINNING and containing 63.458 acres
299	301		of land.
300	302		Said Tract One and Tract Two containing a total of 79.905
301	303		acres.
302	304		SECTION 3. (a) The legal notice of the intention to
303	305		introduce this Act, setting forth the general substance of this
304	306		Act, has been published as provided by law, and the notice and a
305	307		copy of this Act have been furnished to all persons, agencies,
306	308		officials, or entities to which they are required to be furnished
307	309		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
308	310		Government Code.
309	311		(b) The governor, one of the required recipients, has
310	312		submitted the notice and Act to the Texas Commission on
311	313		Environmental Quality.
312	314		(c) The Texas Commission on Environmental Quality has filed
313	315		its recommendations relating to this Act with the governor, the
314	316		lieutenant governor, and the speaker of the house of
315	317		representatives within the required time.
316	318		(d) All requirements of the constitution and laws of this
317	319		state and the rules and procedures of the legislature with respect
318	320		to the notice, introduction, and passage of this Act are fulfilled
319	321		and accomplished.
320	322		SECTION 4. (a) If this Act does not receive a two-thirds
321	323		vote of all the members elected to each house, Subchapter C, Chapter
322	324		8151, Special District Local Laws Code, as added by Section 1 of
323	325		this Act, is amended by adding Section 8151.0306 to read as follows:
324	326		Sec. 8151.0306. NO EMINENT DOMAIN POWER. The district may
325	327		not exercise the power of eminent domain.
326	328		(b) This section is not intended to be an expression of a
327	329		legislative interpretation of the requirements of Section 17(c),
328	330		Article I, Texas Constitution.
329	331		SECTION 5. This Act takes effect immediately if it receives
330	332		a vote of two-thirds of all the members elected to each house, as
331	333		provided by Section 39, Article III, Texas Constitution. If this
332	334		Act does not receive the vote necessary for immediate effect, this
333	335		Act takes effect September 1, 2021.
334		-	______________________________ ______________________________
335		-	President of the Senate Speaker of the House
336		-	I hereby certify that S.B. No. 2145 passed the Senate on
337		-	April 29, 2021, by the following vote: Yeas 31, Nays 0.
338		-	______________________________
339		-	Secretary of the Senate
340		-	I hereby certify that S.B. No. 2145 passed the House on
341		-	May 8, 2021, by the following vote: Yeas 109, Nays 30, two present
342		-	not voting.
343		-	______________________________
344		-	Chief Clerk of the House
345		-	Approved:
346		-	______________________________
347		-	Date
348		-	______________________________
349		-	Governor