Texas 2021 - 87th Regular

Texas Senate Bill SB2208 Compare Versions

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1-S.B. No. 2208
1+By: Springer S.B. No. 2208
2+ (Stucky)
23
34
5+ A BILL TO BE ENTITLED
46 AN ACT
57 relating to the creation of the Rocky Top Ranch Municipal Utility
68 District of Denton County; granting a limited power of eminent
79 domain; providing authority to issue bonds; providing authority to
810 impose assessments, fees, and taxes.
911 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1012 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1113 Code, is amended by adding Chapter 7905 to read as follows:
1214 CHAPTER 7905. ROCKY TOP RANCH MUNICIPAL UTILITY DISTRICT OF DENTON
1315 COUNTY
1416 SUBCHAPTER A. GENERAL PROVISIONS
1517 Sec. 7905.0101. DEFINITIONS. In this chapter:
1618 (1) "Board" means the district's board of directors.
1719 (2) "Commission" means the Texas Commission on
1820 Environmental Quality.
1921 (3) "Director" means a board member.
2022 (4) "District" means the Rocky Top Ranch Municipal
2123 Utility District of Denton County.
2224 Sec. 7905.0102. NATURE OF DISTRICT. The district is a
2325 municipal utility district created under Section 59, Article XVI,
2426 Texas Constitution.
2527 Sec. 7905.0103. CONFIRMATION AND DIRECTOR ELECTION
2628 REQUIRED. The temporary directors shall hold an election to
2729 confirm the creation of the district and to elect five permanent
2830 directors as provided by Section 49.102, Water Code.
2931 Sec. 7905.0104. CONSENT OF MUNICIPALITY REQUIRED. The
3032 temporary directors may not hold an election under Section
3133 7905.0103 until each municipality in whose corporate limits or
3234 extraterritorial jurisdiction the district is located has
3335 consented by ordinance or resolution to the creation of the
3436 district and to the inclusion of land in the district.
3537 Sec. 7905.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3638 (a) The district is created to serve a public purpose and benefit.
3739 (b) The district is created to accomplish the purposes of:
3840 (1) a municipal utility district as provided by
3941 general law and Section 59, Article XVI, Texas Constitution; and
4042 (2) Section 52, Article III, Texas Constitution, that
4143 relate to the construction, acquisition, improvement, operation,
4244 or maintenance of macadamized, graveled, or paved roads, or
4345 improvements, including storm drainage, in aid of those roads.
4446 Sec. 7905.0106. INITIAL DISTRICT TERRITORY. (a) The
4547 district is initially composed of the territory described by
4648 Section 2 of the Act enacting this chapter.
4749 (b) The boundaries and field notes contained in Section 2 of
4850 the Act enacting this chapter form a closure. A mistake made in the
4951 field notes or in copying the field notes in the legislative process
5052 does not affect the district's:
5153 (1) organization, existence, or validity;
5254 (2) right to issue any type of bond for the purposes
5355 for which the district is created or to pay the principal of and
5456 interest on a bond;
5557 (3) right to impose a tax; or
5658 (4) legality or operation.
5759 SUBCHAPTER B. BOARD OF DIRECTORS
5860 Sec. 7905.0201. GOVERNING BODY; TERMS. (a) The district is
5961 governed by a board of five elected directors.
6062 (b) Except as provided by Section 7905.0202, directors
6163 serve staggered four-year terms.
6264 Sec. 7905.0202. TEMPORARY DIRECTORS. (a) On or after the
6365 effective date of the Act enacting this chapter, the owner or owners
6466 of a majority of the assessed value of the real property in the
6567 district may submit a petition to the commission requesting that
6668 the commission appoint as temporary directors the five persons
6769 named in the petition. The commission shall appoint as temporary
6870 directors the five persons named in the petition.
6971 (b) Temporary directors serve until the earlier of:
7072 (1) the date permanent directors are elected under
7173 Section 7905.0103; or
7274 (2) the fourth anniversary of the effective date of
7375 the Act enacting this chapter.
7476 (c) If permanent directors have not been elected under
7577 Section 7905.0103 and the terms of the temporary directors have
7678 expired, successor temporary directors shall be appointed or
7779 reappointed as provided by Subsection (d) to serve terms that
7880 expire on the earlier of:
7981 (1) the date permanent directors are elected under
8082 Section 7905.0103; or
8183 (2) the fourth anniversary of the date of the
8284 appointment or reappointment.
8385 (d) If Subsection (c) applies, the owner or owners of a
8486 majority of the assessed value of the real property in the district
8587 may submit a petition to the commission requesting that the
8688 commission appoint as successor temporary directors the five
8789 persons named in the petition. The commission shall appoint as
8890 successor temporary directors the five persons named in the
8991 petition.
9092 SUBCHAPTER C. POWERS AND DUTIES
9193 Sec. 7905.0301. GENERAL POWERS AND DUTIES. The district
9294 has the powers and duties necessary to accomplish the purposes for
9395 which the district is created.
9496 Sec. 7905.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
9597 DUTIES. The district has the powers and duties provided by the
9698 general law of this state, including Chapters 49 and 54, Water Code,
9799 applicable to municipal utility districts created under Section 59,
98100 Article XVI, Texas Constitution.
99101 Sec. 7905.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
100102 52, Article III, Texas Constitution, the district may design,
101103 acquire, construct, finance, issue bonds for, improve, operate,
102104 maintain, and convey to this state, a county, or a municipality for
103105 operation and maintenance macadamized, graveled, or paved roads, or
104106 improvements, including storm drainage, in aid of those roads.
105107 Sec. 7905.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
106108 road project must meet all applicable construction standards,
107109 zoning and subdivision requirements, and regulations of each
108110 municipality in whose corporate limits or extraterritorial
109111 jurisdiction the road project is located.
110112 (b) If a road project is not located in the corporate limits
111113 or extraterritorial jurisdiction of a municipality, the road
112114 project must meet all applicable construction standards,
113115 subdivision requirements, and regulations of each county in which
114116 the road project is located.
115117 (c) If the state will maintain and operate the road, the
116118 Texas Transportation Commission must approve the plans and
117119 specifications of the road project.
118120 Sec. 7905.0305. COMPLIANCE WITH MUNICIPAL CONSENT
119121 ORDINANCE OR RESOLUTION. The district shall comply with all
120122 applicable requirements of any ordinance or resolution that is
121123 adopted under Section 54.016 or 54.0165, Water Code, and that
122124 consents to the creation of the district or to the inclusion of land
123125 in the district.
124126 Sec. 7905.0306. DIVISION OF DISTRICT. (a) The district may
125127 be divided into two or more new districts only if the district:
126128 (1) has no outstanding bonded debt; and
127129 (2) is not imposing ad valorem taxes.
128130 (b) This chapter applies to any new district created by the
129131 division of the district, and a new district has all the powers and
130132 duties of the district.
131133 (c) A new district created by the division of the district
132134 may not, at the time the new district is created, contain any land
133135 outside the area described by Section 2 of the Act enacting this
134136 chapter.
135137 (d) The board, on its own motion or on receipt of a petition
136138 signed by the owner or owners of a majority of the assessed value of
137139 the real property in the district, may adopt an order dividing the
138140 district.
139141 (e) The board may adopt an order dividing the district
140142 before or after the date the board holds an election under Section
141143 7905.0103 to confirm the district's creation.
142144 (f) An order dividing the district shall:
143145 (1) name each new district;
144146 (2) include the metes and bounds description of the
145147 territory of each new district;
146148 (3) appoint temporary directors for each new district;
147149 and
148150 (4) provide for the division of assets and liabilities
149151 between the new districts.
150152 (g) On or before the 30th day after the date of adoption of
151153 an order dividing the district, the district shall file the order
152154 with the commission and record the order in the real property
153155 records of each county in which the district is located.
154156 (h) Any new district created by the division of the district
155157 shall hold a confirmation and directors' election as required by
156158 Section 7905.0103. If the voters of a new district do not confirm
157159 the creation of the new district, the assets, obligations,
158160 territory, and governance of the new district revert to the
159161 original district.
160162 (i) If the creation of the new district is confirmed, the
161163 new district shall provide the election date and results to the
162164 commission.
163165 (j) Any new district created by the division of the district
164166 must hold an election as required by this chapter to obtain voter
165167 approval before the district may impose a maintenance tax or issue
166168 bonds payable wholly or partly from ad valorem taxes.
167169 (k) Municipal consent to the creation of the district and to
168170 the inclusion of land in the district granted under Section
169171 7905.0104 acts as municipal consent to the creation of any new
170172 district created by the division of the district and to the
171173 inclusion of land in the new district.
172174 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
173175 Sec. 7905.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
174176 The district may issue, without an election, bonds and other
175177 obligations secured by:
176178 (1) revenue other than ad valorem taxes; or
177179 (2) contract payments described by Section 7905.0403.
178180 (b) The district must hold an election in the manner
179181 provided by Chapters 49 and 54, Water Code, to obtain voter approval
180182 before the district may impose an ad valorem tax or issue bonds
181183 payable from ad valorem taxes.
182184 (c) The district may not issue bonds payable from ad valorem
183185 taxes to finance a road project unless the issuance is approved by a
184186 vote of a two-thirds majority of the district voters voting at an
185187 election held for that purpose.
186188 Sec. 7905.0402. OPERATION AND MAINTENANCE TAX. (a) If
187189 authorized at an election held under Section 7905.0401, the
188190 district may impose an operation and maintenance tax on taxable
189191 property in the district in accordance with Section 49.107, Water
190192 Code.
191193 (b) The board shall determine the tax rate. The rate may not
192194 exceed the rate approved at the election.
193195 Sec. 7905.0403. CONTRACT TAXES. (a) In accordance with
194196 Section 49.108, Water Code, the district may impose a tax other than
195197 an operation and maintenance tax and use the revenue derived from
196198 the tax to make payments under a contract after the provisions of
197199 the contract have been approved by a majority of the district voters
198200 voting at an election held for that purpose.
199201 (b) A contract approved by the district voters may contain a
200202 provision stating that the contract may be modified or amended by
201203 the board without further voter approval.
202204 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
203205 Sec. 7905.0501. AUTHORITY TO ISSUE BONDS AND OTHER
204206 OBLIGATIONS. The district may issue bonds or other obligations
205207 payable wholly or partly from ad valorem taxes, impact fees,
206208 revenue, contract payments, grants, or other district money, or any
207209 combination of those sources, to pay for any authorized district
208210 purpose.
209211 Sec. 7905.0502. TAXES FOR BONDS. At the time the district
210212 issues bonds payable wholly or partly from ad valorem taxes, the
211213 board shall provide for the annual imposition of a continuing
212214 direct ad valorem tax, without limit as to rate or amount, while all
213215 or part of the bonds are outstanding as required and in the manner
214216 provided by Sections 54.601 and 54.602, Water Code.
215217 Sec. 7905.0503. BONDS FOR ROAD PROJECTS. At the time of
216218 issuance, the total principal amount of bonds or other obligations
217219 issued or incurred to finance road projects and payable from ad
218220 valorem taxes may not exceed one-fourth of the assessed value of the
219221 real property in the district.
220222 SECTION 2. Rocky Top Ranch Municipal Utility District of
221223 Denton County initially includes all the territory contained in the
222224 following area:
223225 Tract 1:
224226 BEING A 152.226 ACRE TRACT OF LAND SITUATED IN THE JOHN B. CRAWFORD
225227 SURVEY, ABSTRACT NO. 224, DENTON COUNTY, TEXAS, AND BEING ALL OF A
226228 CALLED 60.030 ACRE TRACT OF LAND CONVEYED TO GARLAND R. BOYD, AS
227229 RECORDED IN VOLUME 2715, PAGE 650, OFFICIAL PUBLIC RECORDS, DENTON
228230 COUNTY, TEXAS, AND THE REMAINING PORTION OF A CALLED 115.3885 ACRE
229231 TRACT OF LAND CONVEYED TO GARLAND R. BOYD AND JOSEPHINE BOYD, AS
230232 RECORDED IN VOLUME 1483, PAGE 250, REAL PROPERTY RECORDS, DENTON
231233 COUNTY, TEXAS. SAID 152.226 ACRE TRACT BEING MORE PARTICULARLY
232234 DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
233235 BEGINNING AT A 1/2" CAPPED IRON ROD STAMPED "TRANSGLOBAL SERVICES"
234236 SET FOR THE NORTHWEST CORNER OF SAID 152.226 ACRE TRACT, FROM WHICH
235237 A 1/2" IRON ROD FOUND BEARS S 89°57'04" W, A DISTANCE OF 1302.00
236238 FEET. SAID 1/2" CAPPED IRON ROD STAMPED "TRANSGLOBAL SERVICES"
237239 BEING CALLED THE POINT OF BEGINNING AND HAVING A TEXAS COORDINATE
238240 SYSTEM OF 1983, TEXAS NORTH CENTRAL ZONE (4202), STATE PLANE
239241 COORDINATE OF N:7140353.10, E:2323847.58 FEET, FOR REFERENCE.
240242 THENCE, N 89°57'04" E, A DISTANCE OF 1056.17 FEET TO A 1/2" CAPPED
241243 IRON ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR CORNER ON THE NORTH
242244 LINE OF SAID 152.226 ACRE TRACT;
243245 THENCE, N 89°57'04" E, A DISTANCE OF 777.30 FEET TO A 1/2" CAPPED
244246 IRON ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR CORNER ON THE NORTH
245247 LINE OF SAID 152.226 ACRE TRACT;
246248 THENCE, S 07°20'11" E, A DISTANCE OF 23.45 FEET TO A FENCE CORNER
247249 POST FOUND FOR CORNER OF SAID 152.226 ACRE TRACT;
248250 THENCE, S 89°44'52" E, A DISTANCE OF 834.84 FEET TO A 1/2" CAPPED
249251 IRON ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR THE NORTHEAST
250252 CORNER OF SAID 152.226 ACRE TRACT;
251253 THENCE, S 00°24'16" W, A DISTANCE OF 2474.53 FEET TO A 1/2" CAPPED
252254 IRON ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR THE SOUTHEAST
253255 CORNER OF SAID 152.226 ACRE TRACT ON THE NORTH LINE OF JACKSON ROAD;
254256 THENCE WITH THE SOUTH LINE OF SAID 152.226 ACRE TRACT THE FOLLOWING
255257 COURSES AND DISTANCES:
256258 N 89°34'11" W, ALONG THE NORTH LINE OF JACKSON ROAD, A
257259 DISTANCE OF 167.02 FEET TO A BENT 1" IRON ROD FOUND FOR
258260 CORNER;
259261 S 00°29'47" W, OVER AND ACROSS SAID JACKSON ROAD, A DISTANCE
260262 OF 40.00 FEET TO A 1/2" CAPPED IRON ROD STAMPED "TRANSGLOBAL
261263 SERVICES" SET FOR AN ANGLE POINT OF SAID 152.226 ACRE TRACT;
262264 N 89°10'42" W, A DISTANCE OF 400.35 FEET TO A 1/2" CAPPED IRON
263265 ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR CORNER;
264266 N 00°29'47" E, OVER AND ACROSS SAID JACKSON ROAD, A DISTANCE
265267 OF 40.00 FEET TO A 5/8" IRON ROD FOUND FOR CORNER ON THE NORTH
266268 LINE OF JACKSON ROAD;
267269 N 89°13'48" W, ALONG THE NORTH LINE OF SAID JACKSON ROAD, A
268270 DISTANCE OF 1046.07 FEET TO A FENCE CORNER POST FOR CORNER;
269271 N 89°37'45" W, CONTINUING ALONG THE NORTH LINE OF JACKSON
270272 ROAD, A DISTANCE OF 1055.80 FEET TO FENCE POST FOUND FOR
271273 THE SOUTHWEST CORNER OF SAID 152.226 ACRE TRACT;
272274 THENCE, N 00°21'12" E, DEPARTING SAID NORTH LINE OF JACKSON ROAD,
273275 WITH THE WEST LINE OF SAID 152.226 ACRE TRACT, A DISTANCE OF 2471.99
274276 FEET TO THE POINT OF BEGINNING, CONTAINING 152.226 ACRES OR
275277 6,630,966 SQUARE FEET OF LAND, MORE OR LESS.
276278 Tract 2:
277279 BEING A 247.889 ACRE TRACT OF LAND SITUATED IN THE JOHN B. CRAWFORD
278280 SURVEY, ABSTRACT NO. 224, DENTON COUNTY, TEXAS, AND BEING ALL OF A
279281 CALLED 247.194 ACRE TRACT OF LAND CONVEYED TO BORUCH FRISHMAN AS
280282 RECORDED IN VOLUME 1282, PAGE 412, OFFICIAL PUBLIC RECORDS, DENTON
281283 COUNTY, TEXAS. SAID 247.889 ACRE TRACT BEING MORE PARTICULARLY
282284 DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
283285 BEGINNING AT A 1/2" CAPPED IRON ROD STAMPED "TRANSGLOBAL SERVICES"
284286 SET FOR THE SOUTHWEST CORNER OF SAID 247.889 ACRE TRACT, FROM WHICH
285287 A 1/2" IRON ROD FOUND BEARS S 89°57'04" W, A DISTANCE OF 1597.05
286288 FEET. SAID 1/2" CAPPED IRON ROD STAMPED "TRANSGLOBAL SERVICES"
287289 BEING CALLED THE POINT OF BEGINNING AND HAVING A TEXAS COORDINATE
288290 SYSTEM OF 1983, TEXAS NORTH CENTRAL ZONE (4202), STATE PLANE
289291 COORDINATE OF N: 7140353.35, E: 2324142.63 FEET, FOR REFERENCE.
290292 THENCE FROM SAID POINT OF BEGINNING, N 00°12'15" W, A DISTANCE OF
291293 2466.89 FEET TO A 1/2" CAPPED IRON ROD STAMPED "TRANSGLOBAL
292294 SERVICES" SET FOR THE NORTHWEST CORNER OF SAID 247.889 ACRE TRACT;
293295 THENCE, S 89°45'15" E, A DISTANCE OF 3170.12 FEET TO A 1/2" IRON PIPE
294296 FOUND FOR CORNER OF SAID 247.889 ACRE TRACT;
295297 THENCE, S 00°24'01" W, A DISTANCE OF 603.03 FEET TO A FENCE CORNER
296298 POST FOUND FOR CORNER OF SAID 247.889 ACRE TRACT, FROM WHICH A 1/2"
297299 IRON ROD FOUND BEARS S 04°21'04" E, A DISTANCE OF 0.28 FEET;
298300 THENCE, S 89°30'52" E, A DISTANCE OF 1623.61 FEET TO A 1/2" CAPPED
299301 IRON ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR CORNER OF SAID
300302 247.889 ACRE TRACT AND BEING IN RIPY ROAD, FROM WHICH AN IRON ROD
301303 FOUND BEARS N 00°07'28" W, A DISTANCE OF 604.87 FEET;
302304 THENCE, S 00°06'47" E, ALONG SAID RIPY ROAD, A DISTANCE OF 1832.41
303305 FEET TO A 1/2" CAPPED IRON ROD STAMPED "TRANSGLOBAL SERVICES" SET
304306 FOR THE SOUTHEAST CORNER OF SAID 247.889 ACRE TRACT IN RIPY ROAD;
305307 THENCE WITH THE SOUTH LINE OF SAID 247.889 ACRE TRACT THE FOLLOWING
306308 COURSES AND DISTANCES:
307309 S 89°57'04" W, A DISTANCE OF 2002.33 FEET TO A 1/2" CAPPED IRON
308310 ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR CORNER OF SAID
309311 247.889 ACRE TRACT;
310312 S 01°21'57" W, A DISTANCE OF 29.78 FEET TO A FENCE CORNER POST
311313 FOUND FOR CORNER OF SAID 247.889 ACRE TRACT;
312314 N 89°44'52" W, A DISTANCE OF 1239.81 FEET TO A FENCE CORNER
313315 POST FOUND FOR CORNER OF SAID 247.889 ACRE TRACT;
314316 N 07°20'11" W, A DISTANCE OF 23.45 FEET TO A 1/2" CAPPED IRON
315317 ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR CORNER OF SAID
316318 247.889 ACRE TRACT;
317319 THENCE, S 89°57'04" W, CONTINUING WITH THE SOUTH LINE OF SAID
318320 247.889 ACRE TRACT A DISTANCE OF 1538.42 FEET TO TO THE POINT OF
319321 BEGINNING, CONTAINING 247.889 ACRES OR 10,798,024 SQUARE FEET OF
320322 LAND, MORE OR LESS.
321323 SECTION 3. (a) The legal notice of the intention to
322324 introduce this Act, setting forth the general substance of this
323325 Act, has been published as provided by law, and the notice and a
324326 copy of this Act have been furnished to all persons, agencies,
325327 officials, or entities to which they are required to be furnished
326328 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
327329 Government Code.
328330 (b) The governor, one of the required recipients, has
329331 submitted the notice and Act to the Texas Commission on
330332 Environmental Quality.
331333 (c) The Texas Commission on Environmental Quality has filed
332334 its recommendations relating to this Act with the governor, the
333335 lieutenant governor, and the speaker of the house of
334336 representatives within the required time.
335337 (d) All requirements of the constitution and laws of this
336338 state and the rules and procedures of the legislature with respect
337339 to the notice, introduction, and passage of this Act are fulfilled
338340 and accomplished.
339341 SECTION 4. (a) If this Act does not receive a two-thirds
340342 vote of all the members elected to each house, Subchapter C, Chapter
341343 7905, Special District Local Laws Code, as added by Section 1 of
342344 this Act, is amended by adding Section 7905.0307 to read as follows:
343345 Sec. 7905.0307. NO EMINENT DOMAIN POWER. The district may
344346 not exercise the power of eminent domain.
345347 (b) This section is not intended to be an expression of a
346348 legislative interpretation of the requirements of Section 17(c),
347349 Article I, Texas Constitution.
348350 SECTION 5. This Act takes effect immediately if it receives
349351 a vote of two-thirds of all the members elected to each house, as
350352 provided by Section 39, Article III, Texas Constitution. If this
351353 Act does not receive the vote necessary for immediate effect, this
352354 Act takes effect September 1, 2021.
353- ______________________________ ______________________________
354- President of the Senate Speaker of the House
355- I hereby certify that S.B. No. 2208 passed the Senate on
356- May 5, 2021, by the following vote: Yeas 31, Nays 0.
357- ______________________________
358- Secretary of the Senate
359- I hereby certify that S.B. No. 2208 passed the House on
360- May 8, 2021, by the following vote: Yeas 107, Nays 32, two present
361- not voting.
362- ______________________________
363- Chief Clerk of the House
364- Approved:
365- ______________________________
366- Date
367- ______________________________
368- Governor