Texas 2021 - 87th Regular

Texas Senate Bill SB2205 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2205
	1	+	By: Springer S.B. No. 2205
	2	+	(King of Parker)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the creation of the Hillcrest North Municipal Utility
6	8		District of Wise County; granting a limited power of eminent
7	9		domain; providing authority to issue bonds; providing authority to
8	10		impose 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 8017 to read as follows:
12	14		CHAPTER 8017. HILLCREST NORTH MUNICIPAL UTILITY DISTRICT OF WISE
13	15		COUNTY
14	16		SUBCHAPTER A. GENERAL PROVISIONS
15	17		Sec. 8017.0101. DEFINITIONS. In this chapter:
16	18		(1) "Board" means the district's board of directors.
17	19		(2) "Commission" means the Texas Commission on
18	20		Environmental Quality.
19	21		(3) "Director" means a board member.
20	22		(4) "District" means the Hillcrest North Municipal
21	23		Utility District of Wise County.
22	24		Sec. 8017.0102. NATURE OF DISTRICT. The district is a
23	25		municipal utility district created under Section 59, Article XVI,
24	26		Texas Constitution.
25	27		Sec. 8017.0103. CONFIRMATION AND DIRECTOR ELECTION
26	28		REQUIRED. The temporary directors shall hold an election to
27	29		confirm the creation of the district and to elect five permanent
28	30		directors as provided by Section 49.102, Water Code.
29	31		Sec. 8017.0104. CONSENT OF MUNICIPALITY REQUIRED. The
30	32		temporary directors may not hold an election under Section
31	33		8017.0103 until each municipality in whose corporate limits or
32	34		extraterritorial jurisdiction the district is located has
33	35		consented by ordinance or resolution to the creation of the
34	36		district and to the inclusion of land in the district.
35	37		Sec. 8017.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	38		(a) The district is created to serve a public purpose and benefit.
37	39		(b) The district is created to accomplish the purposes of:
38	40		(1) a municipal utility district as provided by
39	41		general law and Section 59, Article XVI, Texas Constitution; and
40	42		(2) Section 52, Article III, Texas Constitution, that
41	43		relate to the construction, acquisition, improvement, operation,
42	44		or maintenance of macadamized, graveled, or paved roads, or
43	45		improvements, including storm drainage, in aid of those roads.
44	46		Sec. 8017.0106. INITIAL DISTRICT TERRITORY. (a) The
45	47		district is initially composed of the territory described by
46	48		Section 2 of the Act enacting this chapter.
47	49		(b) The boundaries and field notes contained in Section 2 of
48	50		the Act enacting this chapter form a closure. A mistake made in the
49	51		field notes or in copying the field notes in the legislative process
50	52		does not affect the district's:
51	53		(1) organization, existence, or validity;
52	54		(2) right to issue any type of bond for the purposes
53	55		for which the district is created or to pay the principal of and
54	56		interest on a bond;
55	57		(3) right to impose a tax; or
56	58		(4) legality or operation.
57	59		SUBCHAPTER B. BOARD OF DIRECTORS
58	60		Sec. 8017.0201. GOVERNING BODY; TERMS. (a) The district is
59	61		governed by a board of five elected directors.
60	62		(b) Except as provided by Section 8017.0202, directors
61	63		serve staggered four-year terms.
62	64		Sec. 8017.0202. TEMPORARY DIRECTORS. (a) The temporary
63	65		board consists of:
64	66		(1) Lisa Smith;
65	67		(2) Alma Blanco;
66	68		(3) Charlotte Ann Pollett;
67	69		(4) Carter Posey; and
68	70		(5) Scott Toner.
69	71		(b) Temporary directors serve until the earlier of:
70	72		(1) the date permanent directors are elected under
71	73		Section 8017.0103; or
72	74		(2) the fourth anniversary of the effective date of
73	75		the Act enacting this chapter.
74	76		(c) If permanent directors have not been elected under
75	77		Section 8017.0103 and the terms of the temporary directors have
76	78		expired, successor temporary directors shall be appointed or
77	79		reappointed as provided by Subsection (d) to serve terms that
78	80		expire on the earlier of:
79	81		(1) the date permanent directors are elected under
80	82		Section 8017.0103; or
81	83		(2) the fourth anniversary of the date of the
82	84		appointment or reappointment.
83	85		(d) If Subsection (c) applies, the owner or owners of a
84	86		majority of the assessed value of the real property in the district
85	87		may submit a petition to the commission requesting that the
86	88		commission appoint as successor temporary directors the five
87	89		persons named in the petition. The commission shall appoint as
88	90		successor temporary directors the five persons named in the
89	91		petition.
90	92		SUBCHAPTER C. POWERS AND DUTIES
91	93		Sec. 8017.0301. GENERAL POWERS AND DUTIES. The district
92	94		has the powers and duties necessary to accomplish the purposes for
93	95		which the district is created.
94	96		Sec. 8017.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
95	97		DUTIES. The district has the powers and duties provided by the
96	98		general law of this state, including Chapters 49 and 54, Water Code,
97	99		applicable to municipal utility districts created under Section 59,
98	100		Article XVI, Texas Constitution.
99	101		Sec. 8017.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
100	102		52, Article III, Texas Constitution, the district may design,
101	103		acquire, construct, finance, issue bonds for, improve, operate,
102	104		maintain, and convey to this state, a county, or a municipality for
103	105		operation and maintenance macadamized, graveled, or paved roads, or
104	106		improvements, including storm drainage, in aid of those roads.
105	107		Sec. 8017.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	108		road project must meet all applicable construction standards,
107	109		zoning and subdivision requirements, and regulations of each
108	110		municipality in whose corporate limits or extraterritorial
109	111		jurisdiction the road project is located.
110	112		(b) If a road project is not located in the corporate limits
111	113		or extraterritorial jurisdiction of a municipality, the road
112	114		project must meet all applicable construction standards,
113	115		subdivision requirements, and regulations of each county in which
114	116		the road project is located.
115	117		(c) If the state will maintain and operate the road, the
116	118		Texas Transportation Commission must approve the plans and
117	119		specifications of the road project.
118	120		Sec. 8017.0305. COMPLIANCE WITH MUNICIPAL CONSENT
119	121		ORDINANCE OR RESOLUTION. The district shall comply with all
120	122		applicable requirements of any ordinance or resolution that is
121	123		adopted under Section 54.016 or 54.0165, Water Code, and that
122	124		consents to the creation of the district or to the inclusion of land
123	125		in the district.
124	126		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
125	127		Sec. 8017.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
126	128		The district may issue, without an election, bonds and other
127	129		obligations secured by:
128	130		(1) revenue other than ad valorem taxes; or
129	131		(2) contract payments described by Section 8017.0403.
130	132		(b) The district must hold an election in the manner
131	133		provided by Chapters 49 and 54, Water Code, to obtain voter approval
132	134		before the district may impose an ad valorem tax or issue bonds
133	135		payable from ad valorem taxes.
134	136		(c) The district may not issue bonds payable from ad valorem
135	137		taxes to finance a road project unless the issuance is approved by a
136	138		vote of a two-thirds majority of the district voters voting at an
137	139		election held for that purpose.
138	140		Sec. 8017.0402. OPERATION AND MAINTENANCE TAX. (a) If
139	141		authorized at an election held under Section 8017.0401, the
140	142		district may impose an operation and maintenance tax on taxable
141	143		property in the district in accordance with Section 49.107, Water
142	144		Code.
143	145		(b) The board shall determine the tax rate. The rate may not
144	146		exceed the rate approved at the election.
145	147		Sec. 8017.0403. CONTRACT TAXES. (a) In accordance with
146	148		Section 49.108, Water Code, the district may impose a tax other than
147	149		an operation and maintenance tax and use the revenue derived from
148	150		the tax to make payments under a contract after the provisions of
149	151		the contract have been approved by a majority of the district voters
150	152		voting at an election held for that purpose.
151	153		(b) A contract approved by the district voters may contain a
152	154		provision stating that the contract may be modified or amended by
153	155		the board without further voter approval.
154	156		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
155	157		Sec. 8017.0501. AUTHORITY TO ISSUE BONDS AND OTHER
156	158		OBLIGATIONS. The district may issue bonds or other obligations
157	159		payable wholly or partly from ad valorem taxes, impact fees,
158	160		revenue, contract payments, grants, or other district money, or any
159	161		combination of those sources, to pay for any authorized district
160	162		purpose.
161	163		Sec. 8017.0502. TAXES FOR BONDS. At the time the district
162	164		issues bonds payable wholly or partly from ad valorem taxes, the
163	165		board shall provide for the annual imposition of a continuing
164	166		direct ad valorem tax, without limit as to rate or amount, while all
165	167		or part of the bonds are outstanding as required and in the manner
166	168		provided by Sections 54.601 and 54.602, Water Code.
167	169		Sec. 8017.0503. BONDS FOR ROAD PROJECTS. At the time of
168	170		issuance, the total principal amount of bonds or other obligations
169	171		issued or incurred to finance road projects and payable from ad
170	172		valorem taxes may not exceed one-fourth of the assessed value of the
171	173		real property in the district.
172	174		SECTION 2. The Hillcrest North Municipal Utility District
173	175		of Wise County initially includes all the territory contained in
174	176		the following area:
175	177		PHASE ONE:
176	178		129.531 acres of land situated in the ASA HILL SURVEY, ABSTRACT NO.
177	179		363, Wise County, Texas, being the tracts described as First Tract
178	180		and Second Tract, described by deed to Russell Hayes Stephens,
179	181		recorded in Volume 1307, Page 563, Real Records, Wise County, Texas
180	182		and being more particularly described as follows:
181	183		BEGINNING at a 5/8" iron rod found for the Southwest corner of said
182	184		First Tract, said point being, per deed call, WEST, 1436.11 feet and
183	185		S 16 °34'43" W, 4451.44 feet from the northeast corner of said HILL
184	186		SURVEY, for the Northwest corner of that certain tract of land
185	187		described by deed to The Harry and Jherrie Logan Family Limited
186	188		Partnership, recorded in Volume 1634, Page 559, Real Records, Wise
187	189		County, Texas;
188	190		THENCE N 00°27'31" W, along the West line of said First Tract,
189	191		3251.80 feet to a 1/2" capped iron rod found for the Southwest
190	192		corner of that certain tract of land described by deed to George I.
191	193		Caballero and Michele L. Caballero, recorded in Volume 881, Page
192	194		568, Real Records, Wise County, Texas;
193	195		THENCE N 88°16'12" E, along the South line of said Caballero tract,
194	196		381.67 feet from which a 4" metal fence post bears N 48°27'59" W,
195	197		0.69 feet;
196	198		THENCE N 01°47'57" E, along the East line of said Caballero tract, at
197	199		959.66 feet passing a 3" metal fence post found, continuing in all,
198	200		979.48 feet to the approximate center of County Road No. 4010 (a
199	201		variable width Right-of-Way);
200	202		THENCE N 88°26'01" E, along the approximate center of said County
201	203		Road No. 4010, passing the northeast corner of said First Tract and
202	204		the northwest corner of said Second Tract, continuing along the
203	205		approximate center of said County Road No. 4010, in all, 884.25
204	206		feet;
205	207		THENCE S 00°14'44" W, along the East line of said Second Tract, at
206	208		22.94 feet passing a 4" metal fence corner post found, continuing in
207	209		all, 1736.40 feet to a 4" metal fence corner post found;
208	210		THENCE N 88°59'44" E, 216.87 feet to a 4" metal fence post found;
209	211		THENCE S 00°31'11" E, along the East line of said Second Tract,
210	212		2551.64 feet to a 4" metal fence corner post found for the Southeast
211	213		corner of said Second Tract, from which a 3" metal fence post found
212	214		for the Northeast corner of said Logan tract bears S 89°13'59" E,
213	215		1162.91 feet;
214	216		THENCE N 89°19'26" W, along the South line of said Second Tract,
215	217		passing the southwest corner of said Second Tract and the southeast
216	218		corner of said First Tract, continuing, in all, 1502.78 feet to the
217	219		POINT OF BEGINNING and containing 129.531 acres of land.
218	220		PHASE TWO:
219	221		WHEREAS FFILP LAND HOLDINGS LLC., BEING THE OWNERS OF A 172.359
220	222		ACRES TRACT OF LAND OUT OF THE J. LEVINS SURVEY, ABSTRACT NO. 489,
221	223		WISE COUNTY, TEXAS; BEING ALL OF THAT CERTAIN TRACT AS RECORDED IN
222	224		DOC. NO. 201915186, REAL PROPERTY RECORDS, WISE COUNTY, TEXAS; AND
223	225		BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
224	226		THE FOLLOWING BEARINGS, DISTANCES, AND/OR AREAS DERIVED FROM GNSS
225	227		OBSERVATIONS PERFORMED BY TEXAS SURVEYING, INC. AND REFLECT N.A.D.
226	228		1983, TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202
227	229		(GRID).
228	230		BEGINNING AT A SET 1/2" CAPPED IRON ROD (TEXAS SURVEYING, INC.) IN
229	231		THE EAST LINE OF THAT CALLED 72 ACRES TRACT DESCRIBED IN VOLUME
230	232		2416, PAGE 558, R.P.R.W.C.T., AND AT THE SOUTHWEST CORNER OF SAID
231	233		DOC. NO. 201915186, FOR THE SOUTHWEST AND BEGINNING CORNER OF THIS
232	234		TRACT. WHENCE THE NORTHWEST CORNER OF OAK TREE FARMS, PHASE I, AS
233	235		RECORDED IN CABINET D, SLIDE 159, PLAT RECORDS, WISE COUNTY, TEXAS
234	236		BEARS S 41°31'13" W 529.04 FEET.
235	237		THENCE N 00°49'04" W 1888.27 FEET ALONG THE EAST LINE OF SAID 72
236	238		ACRES TRACT TO A 3" STEEL FENCE POST AT THE SOUTHWEST CORNER OF THAT
237	239		CALLED 303.087 ACRES TRACT DESCRIBED IN VOLUME 2015, PAGE 238,
238	240		R.P.R.W.C.T., AND AT THE NORTHWEST CORNER OF SAID DOC. NO.
239	241		201915186, FOR THE NORTHWEST CORNER OF THIS TRACT.
240	242		THENCE N 89°09'34" E 3629.87 FEET ALONG THE SOUTH LINE OF SAID
241	243		303.087 ACRES TRACT TO A FOUND 2" IRON PIPE AT THE COMMON SOUTHERN
242	244		CORNER OF SAID 303.087 ACRES TRACT AND THAT CALLED 454.8 ACRES TRACT
243	245		DESCRIBED IN VOLUME 476, PAGE 415, R.P.R.W.C.T., FOR A CORNER OF
244	246		THIS TRACT.
245	247		THENCE N 89°09'18" E 866.12 FEET ALONG THE SOUTH LINE OF SAID 454.8
246	248		ACRES TRACT TO A FOUND 1/2" IRON ROD AT A CORNER IN THE WEST LINE OF
247	249		THAT CALLED 151.559 ACRES TRACT DESCRIBED IN VOLUME 1196, PAGE 229,
248	250		R.P.R.W.C.T., AND AT THE NORTHEAST CORNER OF SAID DOC. NO.
249	251		201915186, FOR THE NORTHEAST CORNER OF THIS TRACT.
250	252		THENCE ALONG THE WEST LINE OF SAID 151.559 ACRES TRACT AS FOLLOWS:
251	253		S 02°36'08" E 629.26 FEET TO A FOUND 1/2" IRON ROD, FOR A CORNER OF
252	254		THIS TRACT.
253	255		S 89°59'10" W 756.80 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
254	256		SURVEYING, INC.), FOR AN ELL CORNER OF THIS TRACT.
255	257		S 00°13'36" E 1225.52 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
256	258		SURVEYING, INC.) AT THE SOUTHEAST CORNER OF SAID DOC. NO.
257	259		201915186, FOR THE SOUTHEAST CORNER OF THIS TRACT.
258	260		THENCE ALONG THE SOUTH LINE OF SAID DOC. NO. 201915186 THE FOLLOWING
259	261		COURSES AND DISTANCES:
260	262		S 88°28'24" W 1314.90 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
261	263		SURVEYING, INC.) AT THE BEGINNING OF A CURVE TO THE RIGHT, FOR A
262	264		CORNER OF THIS TRACT.
263	265		ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 380.00
264	266		FEET, AN ARC LENGTH OF 226.27 FEET, AND WHOSE CHORD BEARS S 17°43'20"
265	267		E 222.94 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS SURVEYING, INC.)
266	268		FOR A CORNER OF THIS TRACT.
267	269		S 00°39'50" E 85.92 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
268	270		SURVEYING, INC.) FOR A CORNER OF THIS TRACT.
269	271		S 88°28'24" W 60.01 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
270	272		SURVEYING, INC.) FOR A CORNER OF THIS TRACT.
271	273		N 00°39'50" W 86.82 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
272	274		SURVEYING, INC.) AT THE BEGINNING OF A CURVE TO THE LEFT, FOR A
273	275		CORNER OF THIS TRACT.
274	276		ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 320.00
275	277		FEET, AN ARC LENGTH OF 224.23 FEET, AND WHOSE CHORD BEARS N 20°44'16"
276	278		W 219.67 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS SURVEYING, INC.)
277	279		FOR A CORNER OF THIS TRACT.
278	280		N 40°48'42" W 7.43 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
279	281		SURVEYING, INC.) FOR A CORNER OF THIS TRACT.
280	282		S 88°28'24" W 1697.99 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
281	283		SURVEYING, INC.) FOR A CORNER OF THIS TRACT.
282	284		S 01°31'36" E 300.00 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
283	285		SURVEYING, INC.) FOR A CORNER OF THIS TRACT.
284	286		S 88°28'24" W 60.00 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
285	287		SURVEYING, INC.) FOR A CORNER OF THIS TRACT.
286	288		N 01°31'36" W 300.00 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
287	289		SURVEYING, INC.) FOR A CORNER OF THIS TRACT.
288	290		S 88°28'24" W 598.81 FEET TO THE POINT OF BEGINNING.
289	291		SECTION 3. (a) The legal notice of the intention to
290	292		introduce this Act, setting forth the general substance of this
291	293		Act, has been published as provided by law, and the notice and a
292	294		copy of this Act have been furnished to all persons, agencies,
293	295		officials, or entities to which they are required to be furnished
294	296		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
295	297		Government Code.
296	298		(b) The governor, one of the required recipients, has
297	299		submitted the notice and Act to the Texas Commission on
298	300		Environmental Quality.
299	301		(c) The Texas Commission on Environmental Quality has filed
300	302		its recommendations relating to this Act with the governor, the
301	303		lieutenant governor, and the speaker of the house of
302	304		representatives within the required time.
303	305		(d) All requirements of the constitution and laws of this
304	306		state and the rules and procedures of the legislature with respect
305	307		to the notice, introduction, and passage of this Act are fulfilled
306	308		and accomplished.
307	309		SECTION 4. (a) If this Act does not receive a two-thirds
308	310		vote of all the members elected to each house, Subchapter C, Chapter
309	311		8017, Special District Local Laws Code, as added by Section 1 of
310	312		this Act, is amended by adding Section 8017.0306 to read as follows:
311	313		Sec. 8017.0306. NO EMINENT DOMAIN POWER. The district may
312	314		not exercise the power of eminent domain.
313	315		(b) This section is not intended to be an expression of a
314	316		legislative interpretation of the requirements of Section 17(c),
315	317		Article I, Texas Constitution.
316	318		SECTION 5. This Act takes effect immediately if it receives
317	319		a vote of two-thirds of all the members elected to each house, as
318	320		provided by Section 39, Article III, Texas Constitution. If this
319	321		Act does not receive the vote necessary for immediate effect, this
320	322		Act takes effect September 1, 2021.
321		-	______________________________ ______________________________
322		-	President of the Senate Speaker of the House
323		-	I hereby certify that S.B. No. 2205 passed the Senate on
324		-	May 5, 2021, by the following vote: Yeas 31, Nays 0.
325		-	______________________________
326		-	Secretary of the Senate
327		-	I hereby certify that S.B. No. 2205 passed the House on
328		-	May 8, 2021, by the following vote: Yeas 109, Nays 30, two
329		-	present not voting.
330		-	______________________________
331		-	Chief Clerk of the House
332		-	Approved:
333		-	______________________________
334		-	Date
335		-	______________________________
336		-	Governor