Texas 2021 - 87th Regular

Texas Senate Bill SB2146 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2146
	1	+	By: Taylor S.B. No. 2146
	2	+	(Vasut)
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. 80; 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 8152 to read as follows:
12	14		CHAPTER 8152. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 80
13	15		SUBCHAPTER A. GENERAL PROVISIONS
14	16		Sec. 8152.0101. 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. 80.
21	23		Sec. 8152.0102. 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. 8152.0103. 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. 8152.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	31		temporary directors may not hold an election under Section
30	32		8152.0103 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. 8152.0105. 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. 8152.0106. 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. 8152.0201. 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 8152.0202, directors
60	62		serve staggered four-year terms.
61	63		Sec. 8152.0202. TEMPORARY DIRECTORS. (a) The temporary
62	64		board consists of:
63	65		(1) Jason Keith;
64	66		(2) Michelle Cantone;
65	67		(3) Karin Eveslage;
66	68		(4) Naomi Eynon; and
67	69		(5) Peggy Bredehoft.
68	70		(b) Temporary directors serve until the earlier of:
69	71		(1) the date permanent directors are elected under
70	72		Section 8152.0103; 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 8152.0103 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 8152.0103; 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. 8152.0301. 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. 8152.0302. 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. 8152.0303. 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. 8152.0304. 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. 8152.0305. 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. 8152.0401. 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 8152.0403.
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. 8152.0402. OPERATION AND MAINTENANCE TAX. (a) If
138	140		authorized at an election held under Section 8152.0401, 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. 8152.0403. 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. 8152.0501. 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. 8152.0502. 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. 8152.0503. 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. 80 initially includes all the territory contained in the
173	175		following area:
174	176		TRACT 1
175	177		Being 28.703 acres of land out of the Charles Hays Survey,
176	178		Section No. 8, Abstract No. 534, Brazoria County, Texas, being
177	179		29.749 acres, less, save, and except 1.046 acres, as described
178	180		below:
179	181		Being 29.749 acres of land, BEGINNING at a 3/4 inch diameter
180	182		iron pipe found for the southeast corner of a called 2.7475 Acre
181	183		tract (Brazoria County Clerk File No. 98-035620), with said corner
182	184		being in the westerly right-of-way line of State Highway No. 288
183	185		(width varies);
184	186		THENCE South 9 degrees 41 minutes 26 seconds East, a distance
185	187		of 884.06 feet to a point for corner;
186	188		THENCE South 86 degrees 6 minutes 0 seconds West, a distance
187	189		of 1218.88 feet to a point for corner;
188	190		THENCE North 4 degrees 59 minutes 49 seconds West, a distance
189	191		of 1241.56 feet to a point for corner;
190	192		THENCE North 86 degrees 25 minutes 46 seconds East, a
191	193		distance of 714.33 feet to a point for corner;
192	194		THENCE South 3 degrees 42 minutes 42 seconds East, a distance
193	195		of 357.17 feet to a point for corner;
194	196		THENCE North 86 degrees 10 minutes 0 seconds East, a distance
195	197		of 440.31 feet to the POINT OF BEGINNING and containing 29.749 acres
196	198		of land, more or less.
197	199		LESS, SAVE, AND EXCEPT 1.046 acres of land, as described
198	200		below:
199	201		COMMENCING at the 3/4 inch diameter iron rod found for the
200	202		northwest corner of said 29.749 acre tract in the southerly
201	203		right-of-way of State Farm to Market Highway No. 1462 (FM 1462);
202	204		Thence South 4 Degrees 28 Minutes 30 Seconds East , a distance of
203	205		419.00 feet along the westerly line of said 29.749 acre tract to a
204	206		one inch outside diameter iron pipe found for reference; Thence
205	207		North 85 degrees 31 Minutes 30 Seconds East a distance of 40.29 feet
206	208		to a 3/8 inch iron rod found for the northwest corner and POINT OF
207	209		BEGINNING for this 1.046 acre tract:
208	210		THENCE South 64 degrees 29 minutes 18 seconds East, a
209	211		distance of 130.00, to a point for corner;
210	212		THENCE North 85 degrees 30 minutes 42 seconds East, a
211	213		distance of 147.22, to a point for corner;
212	214		THENCE South 4 degrees 29 minutes 18 seconds East, a distance
213	215		of 105.00, to a point for corner;
214	216		THENCE South 85 degrees 30 minutes 42 seconds West, a
215	217		distance of 34.64, to a point for corner;
216	218		THENCE South 55 degrees 30 minutes 42 seconds West, a
217	219		distance of 260.00 feet, to a point for corner;
218	220		THENCE North 4 degrees 29 minutes 18 seconds West, a distance
219	221		of 300.00 feet to the POINT OF BEGINNING or herein described 1.046
220	222		acre tract, which is save and excepted from the overall
221	223		description, leaving 28.703 net acres of land.
222	224		TRACT 2
223	225		Being 74.337 acres of land in the H.T. & B. Railroad Company
224	226		Survey, Section No. 9, Abstract No. 238 and the Charles M. Hayes
225	227		Survey (H.T.&B. Railroad Company Survey, Section No. 8), Abstract
226	228		No. 534, Brazoria County, Texas, as described below:
227	229		BEGINNING at a concrete monument found in the westerly
228	230		right-of-way line of State Highway No. 288 (SH288) (width varies)
229	231		and being the northeast corner of a called 74.33 acre tract (Tract
230	232		I, Brazoria County Clerk File No. 03-064681);
231	233		THENCE southeasterly, along the westerly right-of-way of
232	234		SH288, South 5 degrees 49 minutes 2 seconds East, a distance of
233	235		1947.71 feet to a concrete monument found for corner;
234	236		THENCE southeasterly along the westerly right-of-way of
235	237		SH288 and a curve to the right, having a radius of 11249.16, a delta
236	238		angle of 2 degrees 17 minutes 57 seconds, and whose long chord bears
237	239		South 4 degrees 40 minutes 4 seconds East, a distance of 451.38 feet
238	240		to a point for corner;
239	241		THENCE southeasterly, along the westerly right-of-way of
240	242		SH288, South 3 degrees 31 minutes 5 seconds East, a distance of
241	243		190.13 feet, to a point for the southeast corner of said 74.337 acre
242	244		tract;
243	245		THENCE South 87 degrees 24 minutes 20 seconds West, a
244	246		distance of 1318.57 feet, to a point for the southwest corner of
245	247		said 74.337 acre tract;
246	248		THENCE North 2 degrees 28 minutes 16 seconds West, a distance
247	249		of 1673.38 feet, to a point for corner;
248	250		THENCE North 5 degrees 29 minutes 27 seconds West, a distance
249	251		of 263.30 feet, to a point for corner;
250	252		THENCE North 0 degrees 46 minutes 11 seconds East, a distance
251	253		of 550.12 feet, to a point for corner;
252	254		THENCE North 33 degrees 26 minutes 58 seconds East, a
253	255		distance of 99.38 feet, to a point for corner;
254	256		THENCE North 86 degrees 22 minutes 28 seconds East, a
255	257		distance of 1108.80 feet, to the POINT OF BEGINNING and containing
256	258		74.337 acres of land, more or less.
257	259		TRACT 3
258	260		Being 60.32 acres of land out of Lots 6 and 7 of the Bogart and
259	261		Taylor subdivision of the west 1/2 of the W.D.C. Hall League,
260	262		Abstract 69 according to the plat recorded in Volume 1, Page 64 of
261	263		the Map Records of Brazoria County (B.C.M.R.), Texas, and being
262	264		more particularly described by metes and bounds as follows:
263	265		BEGINNING at a found 1/2" iron rod with a cap in the northeast
264	266		corner of Lot 7, said point being in the south lines of that called
265	267		74.33 acre tract described by deed recorded in BCCF No. 03-064681
266	268		(therein called "Tract 1") out of the CM Hays Survey, Section 8,
267	269		A-534, with said point also being the northeast corner of this tract
268	270		on the west right-of-way line of State Highway 288 and the point of
269	271		beginning;
270	272		THENCE, S 03°00'50'' E, along the west right-of-way line of
271	273		State Highway 288, a distance of 2,622.00 feet to a set 1/2" iron
272	274		rod with cap for the southeast corner of this tract on the north
273	275		right-of-way line of Adams Road / County Road 841, a public road,
274	276		presently unopened;
275	277		THENCE S 86°57'02'' W, along the north right-of-way line of
276	278		Adams Road, a distance of 1,000.00 feet for the southwest corner of
277	279		this tract, said point also being located in the south lines of Lot
278	280		6;
279	281		THENCE N 03°00'50'' W, a distance of 2,633.04 feet for the
280	282		northwest corner of this tract, said point being in the said south
281	283		lines of the 74.33 acre tract;
282	284		THENCE N 87°35'00'' E, along the north line of Lots 6 and 7,
283	285		same being the said south lines of 74.33 acre tract, a distance of
284	286		1,000.05 feet to the point of beginning and containing 60.32 acres
285	287		of land, more or less, and being a part of the same property
286	288		described in the deed "Tract B" as described in the Clerk's File
287	289		No. 2008-037928 of Brazoria County, Texas, to which deed and the
288	290		record thereof reference is here made for all appropriate purposes.
289	291		TRACT 4
290	292		Being 61.01 acres of land out of Lots 8 and 9 of the Bogart and
291	293		Taylor subdivision of the west 1/2 of the W.D.C. Hall League,
292	294		Abstract 69 according to the plat recorded in Volume 1, Page 64 of
293	295		the Map Records of Brazoria County, Texas (B.C.M.R), and being more
294	296		particularly described by metes and bounds as follows:
295	297		BEGINNING at a set 1/2" iron rod with a cap in the northeast
296	298		corner of Lot 8, set on the south right-of way line of Adams Road /
297	299		County Road 841, a public road, presently unopened, for the
298	300		northeast corner of this tract on the west right-of-way line of
299	301		State Highway 288 and the point of beginning;
300	302		THENCE, S 03°00'50'' E, along the west right-of-way line of
301	303		State Highway 288, a distance of 2,657.53 feet to the southeast
302	304		corner of this tract, said point lying in the centerline of Ditch
303	305		316-00-00 as recorded in Iowa Colony Drainage District No. 5;
304	306		THENCE S 86°57'14'' W, along said Ditch 316-00-00, same being
305	307		the south lines of Lots 8 and 9, a distance of 1,000.00 feet for the
306	308		southwest corner of this tract;
307	309		THENCE N 03°00'50'' W, a distance of 2,657.47 feet for the
308	310		northwest corner of this tract, said point being in the aforesaid
309	311		south line of the public road;
310	312		THENCE N 86°57'02'' E, along the north line of Lots 8 and 9,
311	313		same being the said south line of the public road, a distance of
312	314		1,000.00 feet to the point of beginning and containing 61.01 acres
313	315		of land, more or less, and being a part of the same property
314	316		described in the deed "Tract B" as described in the Clerk's File
315	317		No. 2008-037928 of Brazoria County, Texas, to which deed and the
316	318		record thereof reference is here made for all appropriate purposes.
317	319		SECTION 3. (a) The legal notice of the intention to
318	320		introduce this Act, setting forth the general substance of this
319	321		Act, has been published as provided by law, and the notice and a
320	322		copy of this Act have been furnished to all persons, agencies,
321	323		officials, or entities to which they are required to be furnished
322	324		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
323	325		Government Code.
324	326		(b) The governor, one of the required recipients, has
325	327		submitted the notice and Act to the Texas Commission on
326	328		Environmental Quality.
327	329		(c) The Texas Commission on Environmental Quality has filed
328	330		its recommendations relating to this Act with the governor, the
329	331		lieutenant governor, and the speaker of the house of
330	332		representatives within the required time.
331	333		(d) All requirements of the constitution and laws of this
332	334		state and the rules and procedures of the legislature with respect
333	335		to the notice, introduction, and passage of this Act are fulfilled
334	336		and accomplished.
335	337		SECTION 4. (a) If this Act does not receive a two-thirds
336	338		vote of all the members elected to each house, Subchapter C, Chapter
337	339		8152, Special District Local Laws Code, as added by Section 1 of
338	340		this Act, is amended by adding Section 8152.0306 to read as follows:
339	341		Sec. 8152.0306. NO EMINENT DOMAIN POWER. The district may
340	342		not exercise the power of eminent domain.
341	343		(b) This section is not intended to be an expression of a
342	344		legislative interpretation of the requirements of Section 17(c),
343	345		Article I, Texas Constitution.
344	346		SECTION 5. This Act takes effect immediately if it receives
345	347		a vote of two-thirds of all the members elected to each house, as
346	348		provided by Section 39, Article III, Texas Constitution. If this
347	349		Act does not receive the vote necessary for immediate effect, this
348	350		Act takes effect September 1, 2021.
349		-	______________________________ ______________________________
350		-	President of the Senate Speaker of the House
351		-	I hereby certify that S.B. No. 2146 passed the Senate on
352		-	April 29, 2021, by the following vote: Yeas 31, Nays 0.
353		-	______________________________
354		-	Secretary of the Senate
355		-	I hereby certify that S.B. No. 2146 passed the House on
356		-	May 8, 2021, by the following vote: Yeas 115, Nays 24, two present
357		-	not voting.
358		-	______________________________
359		-	Chief Clerk of the House
360		-	Approved:
361		-	______________________________
362		-	Date
363		-	______________________________
364		-	Governor