By: Taylor S.B. No. 2147
(In the Senate - Filed March 18, 2021; April 1, 2021, read
first time and referred to Committee on Local Government;
April 21, 2021, reported favorably by the following vote: Yeas 9,
Nays 0; April 21, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Brazoria County Municipal Utility
District No. 82; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8153 to read as follows:
CHAPTER 8153. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 82
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8153.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Brazoria County Municipal
Utility District No. 82.
Sec. 8153.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8153.0103. CONFIRMATION AND DIRECTOR ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8153.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8153.0103 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8153.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8153.0106. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8153.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8153.0202, directors
serve staggered four-year terms.
Sec. 8153.0202. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the commission requesting that
the commission appoint as temporary directors the five persons
named in the petition. The commission shall appoint as temporary
directors the five persons named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8153.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8153.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8153.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8153.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8153.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8153.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8153.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8153.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
Sec. 8153.0306. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) A new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act enacting this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8153.0103 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8153.0103.
(i) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(k) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
8153.0104 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8153.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8153.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8153.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8153.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8153.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8153.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8153.0502. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8153.0503. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Brazoria County Municipal Utility District
No. 82 initially includes all the territory contained in the
following area:
Beginning at a concrete monument found in the easterly
right-of-way line of F. M. Highway 521 (100-feet wide) for the
northwest corner of said called 541.131 acre tract, same being the
southwest corner of an adjoining called 2.97 acre tract recorded
under County Clerk's File Number 01-008056, Office of the County
Clerk, Brazoria County, Texas, for the northwest corner and Place
of Beginning of the herein described tract;
Thence North 87 degrees 05 minutes 19 seconds East along the
north line of the herein described tract and said called 541.131
acre tract, same being the south line of said adjoining called 2.97
acre tract, and the south line of an adjoining called 96.50 acre
tract recorded under County Clerk's File Number 00-016352, Office
of the County Clerk, Brazoria County, Texas, 2,947.41 feet to a
concrete monument found for angle point, said point being the
southeast corner of said adjoining called 96.50 acre tract, same
being the southwest corner of the adjoining residue of a called
36.97 acre tract recorded under County Clerk's File Number
94-019052, Office of the County Clerk, Brazoria County, Texas;
Thence North 86 degrees 57 minutes 34 seconds East along the
north line of the herein described tract and said called 541.131
acre tract, same being the south line of said adjoining called 36.97
acre tract, 861.64 feet to the northwest corner of an adjoining
called 43.308 acre tract recorded under County Clerk's File Number
2017048421, Office of the County Clerk, Brazoria County, Texas, and
described under County Clerk's File Number 2002063838, Office of
the County Clerk, Brazoria County, Texas, for the upper northeast
corner of the herein described tract;
Thence South 03 degrees 24 minutes 10 seconds East along the
common line of the herein described tract and said adjoining called
43.308 acre tract, 1,622.24 feet to the southwest corner of said
adjoining called 43.308 acre tract, said point being in the north
line of the aforementioned residue of a called 60 acre tract;
Thence North 86 degrees 26 minutes 35 seconds East continuing
along said common line, 825.98 feet to a point in the west
right-of-way line of State Highway 288 for the middle northeast
corner of the herein described tract, same being the southeast
corner of said adjoining called 43.308 acre tract;
Thence South 08 degrees 10 minutes 09 seconds East along the
west right-of-way line of State Highway 288, 1,184.70 feet to the
beginning of a curve to the right;
Thence with said curve to the right, continuing along the
west right-of-way line of State Highway 288, having a central angle
of 01 degree 53 minutes 42 seconds, an arc length of 372.03 feet, a
radius of 11,249.16 feet, and a chord bearing South 07 degrees 13
minutes 18 seconds East, 372.02 feet to the northeast corner of an
adjoining called 4.9560 acre tract (Tract One) recorded under
County Clerk's File Number 96-0362520, Office of the County Clerk,
Brazoria County, Texas;
Thence South 86 degrees 48 minutes 29 seconds West along the
common line of the herein described tract and said adjoining called
4.9560 acre tract, 271.50 feet to the northwest corner of said
adjoining called 4.9560 acre tract for a reentry corner to the
herein described tract;
Thence South 02 degrees 12 minutes 28 seconds East continuing
along said common line, 734.87 feet to the southwest corner of said
adjoining called 4.9560 acre tract for a reentry corner to the
herein described tract;
Thence North 87 degrees 09 minutes 47 seconds East continuing
along said common line, 299.63 feet to the southeast corner of said
adjoining called 4.9560 acre tract for the lower northeast corner
of the herein described tract, said point being in the west
right-of-way line of State Highway 288, and being in a non-tangent
curve to the right;
Thence with said non-tangent curve to the right, along the
west right-of-way line of State Highway 288, having a central angle
of 02 degrees 16 minutes 29 seconds, an arc length of 446.63 feet, a
radius of 11,249.16 feet, and a chord bearing South 01 degree 23
minutes 01 second East, 446.60 feet to the end of said curve;
Thence South 00 degrees 14 minutes 46 seconds East continuing
along the west right-of-way line of State Highway 288, 1,890.37
feet to the northeast corner of an adjoining called 15 acre tract
recorded under County Clerk's File Number 02-067061, Office of the
County Clerk, Brazoria County, Texas, for the upper southeast
corner of the herein described tract, being the upper southeast
corner of the aforementioned called 170.00 acre tract;
Thence South 87 degrees 02 minutes 34 seconds West along the
upper south line of the herein described tract, same being the north
line of said adjoining called 15 acre tract, 354.62 feet to the
northwest corner of said adjoining called 15 acre tract, same being
the northeast corner of an adjoining called 91.87 acre tract (Tract
Three) recorded under County Clerk's File Number 2015014625, Office
of the County Clerk, Brazoria County, Texas, and described in
Volume 362, Page 470, Deed Records, Brazoria County, Texas, for an
angle point, said point being in the centerline of the Angleton
Protection Levee;
Thence South 86 degrees 59 minutes 15 seconds West along the
north line of said adjoining called 91.87 acre tract, 2,103.32 feet
to the northwest corner of said adjoining called 91.87 acre tract,
for a reentry corner to the herein described tract, said point being
in the west line of said J. W. Cloud Survey, Abstract 169, same
being the east line of said George Robinson League, Abstract 126;
Thence South 02 degrees 44 minutes 56 seconds East along the
east line of said George Robinson League, Abstract 126, same being
the west line of said J. W. Cloud Survey, Abstract 169, and the west
line of said adjoining called 91.87 acre tract, 803.82 feet to an
angle point, being the lower southeast corner of said called 170.00
acre tract, same being the northeast corner of the aforementioned
residue of a called 134 acre tract;
Thence South 02 degrees 50 minutes 23 seconds East continuing
along said line, 655.23 feet to a point for the lower southeast
corner of the herein described tract and said residue of a called
134 acre tract, same being the northeast corner of an adjoining
called 116.155 acre tract recorded under County Clerk's File Number
2018029439, Office of the County Clerk, Brazoria County, Texas;
Thence South 86 degrees 53 minutes 29 seconds West along the lower
south line of the herein described tract, same being the north line
of said adjoining called 116.155 acre tract, and the north line of
an adjoining called 4.52 acre tract recorded under County Clerk's
File Number 2010021440, Office of the County Clerk, 3,742.61 feet
to a point for the lower southwest corner of the herein described
tract, same being the southeast corner of the adjoining residue of a
called 1.0 acre tract recorded in Volume 1251, Page 707, Deed
Records, Brazoria County, Texas;
Thence North 04 degrees 36 minutes 11 seconds West along the
common line of the herein described tract and said adjoining
residue of a called 1.0 acre tract, 158.90 feet to the northeast
corner of said adjoining called 1.0 acre tract;
Thence South 87 degrees 02 minutes 13 seconds West continuing
along said common line, 277.30 feet to the northwest corner of said
adjoining residue of a called 1.0 acre tract, said point being in
the east right-of-way line of County Road 44, and being in a
non-tangent curve to the right;
Thence with said non-tangent curve to the right, being the
east right-of-way line of County Road 44, having a central angle of
14 degrees 56 minutes 06 seconds, an arc length of 723.70 feet, a
radius of 2,776.40 feet, and a chord bearing North 13 degrees 22
minutes 44 seconds West, 721.66 feet to the southwest corner of an
adjoining called 1.0371 acre tract recorded under County Clerk's
File Number 2008008925, Office of the County Clerk, Brazoria
County, Texas;
Thence North 84 degrees 54 minutes 13 seconds East along the
common line of the herein described tract and said adjoining called
1.0371 acre tract, 252.52 feet to the southeast corner of said
adjoining called 1.0371 acre tract for a reentry corner to the
herein described tract;
Thence North 04 degrees 18 minutes 51 seconds West continuing
along said common line, 181.64 feet to the northeast corner of said
adjoining called 1.0371 acre tract for a reentry corner to the
herein described tract;
Thence South 84 degrees 43 minutes 22 seconds West continuing
along said common line, 251.68 feet to the northwest corner of said
adjoining called 1.0371 acre tract, said point being in the east
right-of-way line of County Road 44, and being in a non-tangent
curve to the right;
Thence with said non-tangent curve to the right, being the
east right-of-way line of County Road 44, transitioning to the
easterly right-of-way line of F. M. Highway 521, having a central
angle of 10 degrees 03 minutes 42 seconds, an arc length of 487.56
feet, a radius of 2,776.40 feet, and a chord bearing North 02
degrees 51 minutes 09 seconds East, 486.94 feet to the southwest
corner of an adjoining tract being called Lot 5 and the South
60-feet of Lot 6, Block 35, Fruitland Subdivision, as evidenced in
deed recorded under County Clerk's File Number 2006000498, Office
of the County Clerk, Brazoria County, Texas;
Thence North 87 degrees 06 minutes 39 seconds East along the
common line of the herein described tract and said adjoining
Fruitland Subdivision tract, 132.66 feet to the southeast corner of
said adjoining Fruitland Subdivision tract for a reentry corner to
the herein described tract;
Thence North 02 degrees 53 minutes 20 seconds West continuing
along said common line, 60.00 feet to the northeast corner of said
adjoining Fruitland Subdivision tract for a reentry corner to the
herein described tract;
Thence South 87 degrees 06 minutes 39 seconds West continuing
along said common line, 120.56 feet to the northwest corner of said
adjoining Fruitland Subdivision tract, said point being in the
easterly right-of-way line of F. M. Highway 521, and being in a
non-tangent curve to the right;
Thence with said non-tangent curve to the right, being the
easterly right-of-way line of F. M. Highway 521, having a central
angle of 04 degrees 50 minutes 12 seconds, an arc length of 234.37
feet, a radius of 2,776.40 feet, and a chord bearing North 11
degrees 33 minutes 54 seconds East, 234.31 feet to the end of said
curve;
Thence North 13 degrees 58 minutes 59 seconds East along the
westerly line of the herein described tract, same being the
easterly right-of-way line of F. M. Highway 521, 302.34 feet to a
concrete monument found for angle point, said point being the
northwest corner of said called 170.00 acre tract, same being the
southwest corner of the aforementioned called 170.66 acre tract;
Thence North 14 degrees 05 minutes 31 seconds East continuing
along said line, 973.60 feet to the southwest corner of the
adjoining residue of a called 2 acre tract recorded in Volume 122,
Page 203, Deed Records, Brazoria County, Texas;
Thence North 87 degrees 21 minutes 22 seconds East along the
common line of the herein described tract and said adjoining
residue of a called 2 acre tract, 1,700.63 feet to the southeast
corner of said adjoining called 2 acre tract for a reentry corner to
the herein described tract;
Thence North 02 degrees 38 minutes 38 seconds West continuing
along said common line, 50.00 feet to the northeast corner of said
adjoining residue of a called 2 acre tract for a reentry corner to
the herein described tract;
Thence South 87 degrees 21 minutes 22 seconds West continuing
along said common line, 1,685.60 feet to the northwest corner of
said adjoining residue of a called 2 acre tract for the upper
southwest corner of the herein described tract, said point being in
the easterly right-of-way line of F. M. Highway 521;
Thence North 14 degrees 05 minutes 31 seconds East along the
westerly line of the herein described tract, same being the
easterly right-of-way line of F. M. Highway 521, 217.09 feet to an
angle point, said point being the northwest corner of said called
170.66 acre tract, same being the southwest corner of the
aforementioned residue of a called 541.131 acre tract;
Thence North 14 degrees 02 minutes 37 seconds East continuing
along the westerly line of the herein described tract, same being
the easterly right-of-way line of F. M. Highway 521, 4,611.00 feet
to the Place of Beginning and containing 911.12 acres of land, more
or less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8153, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8153.0307 to read as follows:
Sec. 8153.0307. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.
* * * * *