Texas 2021 - 87th Regular

Texas Senate Bill SB2219 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2219
	1	+	By: Springer S.B. No. 2219
	2	+	(Smith)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the creation of the Heritage Ranch Municipal Utility
6	8		District No. 1 of Grayson County; granting a limited power of
7	9		eminent domain; providing authority to issue bonds; providing
8	10		authority to 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 7920A to read as follows:
12	14		CHAPTER 7920A. HERITAGE RANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF
13	15		GRAYSON COUNTY
14	16		SUBCHAPTER A. GENERAL PROVISIONS
15	17		Sec. 7920A.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 Heritage Ranch Municipal
21	23		Utility District No. 1 of Grayson County.
22	24		Sec. 7920A.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. 7920A.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. 7920A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
30	32		temporary directors may not hold an election under Section
31	33		7920A.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. 7920A.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. 7920A.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. 7920A.0201. GOVERNING BODY; TERMS. (a) The district
59	61		is governed by a board of five elected directors.
60	62		(b) Except as provided by Section 7920A.0202, directors
61	63		serve staggered four-year terms.
62	64		Sec. 7920A.0202. TEMPORARY DIRECTORS. (a) The temporary
63	65		board consists of:
64	66		(1) Mike Mayberry;
65	67		(2) Daniel Worrell;
66	68		(3) Russell Maine;
67	69		(4) Chris Colombe; and
68	70		(5) Rick Ellis.
69	71		(b) Temporary directors serve until the earlier of:
70	72		(1) the date permanent directors are elected under
71	73		Section 7920A.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 7920A.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 7920A.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. 7920A.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. 7920A.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. 7920A.0303. AUTHORITY FOR ROAD PROJECTS. Under
100	102		Section 52, Article III, Texas Constitution, the district may
101	103		design, acquire, construct, finance, issue bonds for, improve,
102	104		operate, maintain, and convey to this state, a county, or a
103	105		municipality for operation and maintenance macadamized, graveled,
104	106		or paved roads, or improvements, including storm drainage, in aid
105	107		of those roads.
106	108		Sec. 7920A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	109		road project must meet all applicable construction standards,
108	110		zoning and subdivision requirements, and regulations of each
109	111		municipality in whose corporate limits or extraterritorial
110	112		jurisdiction the road project is located.
111	113		(b) If a road project is not located in the corporate limits
112	114		or extraterritorial jurisdiction of a municipality, the road
113	115		project must meet all applicable construction standards,
114	116		subdivision requirements, and regulations of each county in which
115	117		the road project is located.
116	118		(c) If the state will maintain and operate the road, the
117	119		Texas Transportation Commission must approve the plans and
118	120		specifications of the road project.
119	121		Sec. 7920A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120	122		ORDINANCE OR RESOLUTION. The district shall comply with all
121	123		applicable requirements of any ordinance or resolution that is
122	124		adopted under Section 54.016 or 54.0165, Water Code, and that
123	125		consents to the creation of the district or to the inclusion of land
124	126		in the district.
125	127		Sec. 7920A.0306. DIVISION OF DISTRICT. (a) The district
126	128		may be divided into two or more new districts only if the district:
127	129		(1) has no outstanding bonded debt; and
128	130		(2) is not imposing ad valorem taxes.
129	131		(b) This chapter applies to any new district created by
130	132		division of the district, and a new district has all the powers and
131	133		duties of the district.
132	134		(c) A new district created by the division of the district
133	135		may not, at the time the new district is created, contain any land
134	136		outside the area described by Section 2 of the Act enacting this
135	137		chapter.
136	138		(d) The board, on its own motion or on receipt of a petition
137	139		signed by the owner or owners of a majority of the assessed value of
138	140		the real property in the district, may adopt an order dividing the
139	141		district.
140	142		(e) The board may adopt an order dividing the district
141	143		before or after the date the board holds an election under Section
142	144		7920A.0103 to confirm the district's creation.
143	145		(f) An order dividing the district shall:
144	146		(1) name each new district;
145	147		(2) include the metes and bounds description of the
146	148		territory of each new district;
147	149		(3) appoint temporary directors for each new district;
148	150		and
149	151		(4) provide for the division of assets and liabilities
150	152		between the new districts.
151	153		(g) On or before the 30th day after the date of adoption of
152	154		an order dividing the district, the district shall file the order
153	155		with the commission and record the order in the real property
154	156		records of each county in which the district is located.
155	157		(h) A new district created by the division of the district
156	158		shall hold a confirmation and directors' election as required by
157	159		Section 7920A.0103. If the voters of a new district do not confirm
158	160		the creation of the new district, the assets, obligations,
159	161		territory, and governance of the new district revert to the
160	162		original district.
161	163		(i) If the creation of the new district is confirmed, the
162	164		new district shall provide the election date and results to the
163	165		commission.
164	166		(j) A new district created by the division of the district
165	167		must hold an election as required by this chapter to obtain voter
166	168		approval before the district may impose a maintenance tax or issue
167	169		bonds payable wholly or partly from ad valorem taxes.
168	170		(k) Municipal consent to the creation of the district and to
169	171		the inclusion of land in the district granted under Section
170	172		7920A.0104 acts as municipal consent to the creation of any new
171	173		district created by the division of the district and to the
172	174		inclusion of land in the new district.
173	175		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
174	176		Sec. 7920A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
175	177		The district may issue, without an election, bonds and other
176	178		obligations secured by:
177	179		(1) revenue other than ad valorem taxes; or
178	180		(2) contract payments described by Section
179	181		7920A.0403.
180	182		(b) The district must hold an election in the manner
181	183		provided by Chapters 49 and 54, Water Code, to obtain voter approval
182	184		before the district may impose an ad valorem tax or issue bonds
183	185		payable from ad valorem taxes.
184	186		(c) The district may not issue bonds payable from ad valorem
185	187		taxes to finance a road project unless the issuance is approved by a
186	188		vote of a two-thirds majority of the district voters voting at an
187	189		election held for that purpose.
188	190		Sec. 7920A.0402. OPERATION AND MAINTENANCE TAX. (a) If
189	191		authorized at an election held under Section 7920A.0401, the
190	192		district may impose an operation and maintenance tax on taxable
191	193		property in the district in accordance with Section 49.107, Water
192	194		Code.
193	195		(b) The board shall determine the tax rate. The rate may not
194	196		exceed the rate approved at the election.
195	197		Sec. 7920A.0403. CONTRACT TAXES. (a) In accordance with
196	198		Section 49.108, Water Code, the district may impose a tax other than
197	199		an operation and maintenance tax and use the revenue derived from
198	200		the tax to make payments under a contract after the provisions of
199	201		the contract have been approved by a majority of the district voters
200	202		voting at an election held for that purpose.
201	203		(b) A contract approved by the district voters may contain a
202	204		provision stating that the contract may be modified or amended by
203	205		the board without further voter approval.
204	206		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
205	207		Sec. 7920A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
206	208		OBLIGATIONS. The district may issue bonds or other obligations
207	209		payable wholly or partly from ad valorem taxes, impact fees,
208	210		revenue, contract payments, grants, or other district money, or any
209	211		combination of those sources, to pay for any authorized district
210	212		purpose.
211	213		Sec. 7920A.0502. TAXES FOR BONDS. At the time the district
212	214		issues bonds payable wholly or partly from ad valorem taxes, the
213	215		board shall provide for the annual imposition of a continuing
214	216		direct ad valorem tax, without limit as to rate or amount, while all
215	217		or part of the bonds are outstanding as required and in the manner
216	218		provided by Sections 54.601 and 54.602, Water Code.
217	219		Sec. 7920A.0503. BONDS FOR ROAD PROJECTS. At the time of
218	220		issuance, the total principal amount of bonds or other obligations
219	221		issued or incurred to finance road projects and payable from ad
220	222		valorem taxes may not exceed one-fourth of the assessed value of the
221	223		real property in the district.
222	224		SECTION 2. The Heritage Ranch Municipal Utility District
223	225		No. 1 of Grayson County initially includes all the territory
224	226		contained in the following area:
225	227		FIELD NOTES
226	228		173.916 Acres
227	229		SITUATED in the County of Grayson, State of Texas, and being a
228	230		part of the Uriah Burns Survey, Abstract No. 121, and John Jennings
229	231		Survey, Abstract No. 647, and being part of the 184.50 acre tract of
230	232		land conveyed by Warranty Deed with Vendor's Lien from John H.
231	233		Becker, Jr., Trustee, and Amy H. Fennell, Co-Trustee of the Hugh L.
232	234		Head, Jr., Revocable Trust, to TPJ Properties, LTD, on February 15,
233	235		2002, recorded in Volume 3203, Page 464, Official Public Records,
234	236		Grayson County, Texas, and being more particularly described by
235	237		metes and bounds as follows, to-wit:
236	238		BEGINNING at a spike nail found in or near the center of
237	239		Plainview Road, an Ell corner of said Burns Survey, the Southwest
238	240		corner of the Alexander and Richards Survey, Abstract No. 42, the
239	241		Northwest comer of said TPJ 184.50 ac., the East line of Heritage
240	242		Ranch Land Holdings, LTD 254.489 acre tract of land, recorded in
241	243		Instrument No. 2020-19193, said Official Public Records, Grayson
242	244		County, Texas, the Southwest corner of Astoria Homes, LLC 100.832
243	245		acre tract of land (Tract I), recorded in Instrument
244	246		No. 2020-30762, said Official Public Records, Grayson County,
245	247		Texas, the Northwest comer of the herein described tract;
246	248		THENCE South 88 deg. 00 min. 43 sec. East, with the North
247	249		lines of both said Burns Survey and TPJ 184.50 ac., the South lines
248	250		of both said Richards Survey and Astoria 100.832 ac., a distance of
249	251		1,495.81 ft. to a point at the Northwest comer of BMT Global, LLC
250	252		37.08 acre tract of land (Tract Two), recorded in Instrument
251	253		No. 2018-12534, said Official Public Records, Grayson County,
252	254		Texas, an Ell corner of said Burns Survey, the South line of said
253	255		Richards Survey, the Northwest corner of said Jennings Survey, the
254	256		most Northerly Northeast comer of both said TPJ 184.50 ac. and the
255	257		herein described tract;
256	258		THENCE South 01 deg. 25 min. 51 sec. West, with East lines of
257	259		both said Burns Survey and TPJ 184.50 ac., the West line of both
258	260		said Jennings Survey and BMT 37.08 ac., a distance of 1,687.83 ft.
259	261		to a 1/2 inch rebar found on the East line of said Burns Survey, the
260	262		West line of said Jennings Survey, the Southwest corner of Melissa
261	263		Smith Murray, et al "called" 58.42 acre tract of land, recorded in
262	264		Volume 4413, Page 186, said Official Public Records, Grayson
263	265		County, Texas, an Ell comer of both said TPJ 184.50 ac. and the
264	266		herein described tract;
265	267		THENCE South 88 deg. 22 min. 24 sec. East, with a North line
266	268		of said TPJ 184.50 ac., the South line of said Murray 58.42 ac., a
267	269		distance of 1,909.01 ft. to a 1/2 inch rebar found at the Northwest
268	270		corner of Legacy Title Holding Corp. 9.71 acre tract of land,
269	271		recorded in Volume 5581, Page 396, said Official Public Records,
270	272		Grayson County, Texas, the South line of said Murray 58.42 ac., the
271	273		most Southerly Northeast corner of both said TPJ 184.50 ac. and the
272	274		herein described tract;
273	275		THENCE South 25 deg. 37 min. 12 sec. East, with an East line
274	276		of said TPJ 184.50 ac., the West line of said Legacy 9.71 ac., a
275	277		distance of 1,234.96 ft. to a concrete nail found in or near the
276	278		center of Canyon Grove Road, the South line of said Jennings Survey,
277	279		the North line of the J. B. McAnair Survey, Abstract No. 763, the
278	280		Southwest corner of said Legacy 9.71 ac., the Southeast comer of
279	281		both said TPJ 184.50 ac. and the herein described tract;
280	282		THENCE South 75 deg. 51 min. 38 sec. West, with or near the
281	283		center of said Canyon Grove Road, the South line of said Jennings
282	284		Survey, the North line of said McAnair Survey, a South line of said
283	285		TPJ 184.50 ac., a distance of 1,284.66 ft. to a point at an Ell comer
284	286		of said TPJ 184.50 ac. and the herein described tract;
285	287		THENCE North 03 deg. 51 min. 00 sec. West, continuing with a
286	288		South line of said TPJ 184.50 ac., a distance of 17.20 ft. to a point
287	289		at an Ell comer of both said TPJ 184.50 ac. and the herein described
288	290		tract;
289	291		THENCE South 75 deg. 46 min. 55 sec. West, continuing with a
290	292		South line of said TPJ 184.50 ac., a distance of 778.89 ft. to a
291	293		point at the intersection of the North right-of-way line of U. S.
292	294		Highway No. 82 and said Canyon Grove Road, an angle point of both
293	295		said TPJ 184.50 ac., and the herein described tract;
294	296		THENCE Northwesterly, with a curve to the right having a
295	297		radius of 5,579.68 ft., a central angle of 04 deg. 45 min. 50 sec.,
296	298		(Chord Bears: North 86 deg. 01 min. 55 sec. West, 463.80 ft.) an arc
297	299		distance of 463.93 ft. to a point on the North right-of-way line of
298	300		said Highway 82, an angle point of both said TPJ 184.50 ac. and the
299	301		herein described tract;
300	302		THENCE North 83 deg. 39 min. 00 sec. West, continuing with the
301	303		North right-of-way line of said Highway 82, a South line of said TPJ
302	304		184.50 ac., a distance of 892.95 ft. to a point on the North
303	305		right-of-way line of said Highway 82, a South line of said TPJ
304	306		184.50 ac., the most Southerly Southwest corner of the herein
305	307		described tract;
306	308		THENCE North 01 deg. 03 min. 03 sec. East, over and across
307	309		said TPJ 184.50 ac., a distance of 798.17 ft. to a point at an Ell
308	310		corner of the herein described tract;
309	311		THENCE North 88 deg. 56 mm. 57 sec. West, continuing over and
310	312		across said TPJ 184.50 ac., a distance of 602.69 ft. to a point in or
311	313		near the center of said Plainview Road, the West line of said TPJ
312	314		184.50 ac., the East line of said Heritage 254.489 ac., the most
313	315		Northerly Southwest corner of the herein described tract;
314	316		THENCE North 01 deg. 03 min. 03 sec. East, with or near the
315	317		center of said Plainview Road, the West line of said TPJ 184.50 ac.,
316	318		the East line of said Heritage 254.489 ac., a distance of 2,455.35
317	319		ft. to the PLACE OF BEGINNING and containing 173.916 ACRES of land.
318	320		SECTION 3. (a) The legal notice of the intention to
319	321		introduce this Act, setting forth the general substance of this
320	322		Act, has been published as provided by law, and the notice and a
321	323		copy of this Act have been furnished to all persons, agencies,
322	324		officials, or entities to which they are required to be furnished
323	325		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
324	326		Government Code.
325	327		(b) The governor, one of the required recipients, has
326	328		submitted the notice and Act to the Texas Commission on
327	329		Environmental Quality.
328	330		(c) The Texas Commission on Environmental Quality has filed
329	331		its recommendations relating to this Act with the governor, the
330	332		lieutenant governor, and the speaker of the house of
331	333		representatives within the required time.
332	334		(d) All requirements of the constitution and laws of this
333	335		state and the rules and procedures of the legislature with respect
334	336		to the notice, introduction, and passage of this Act are fulfilled
335	337		and accomplished.
336	338		SECTION 4. (a) If this Act does not receive a two-thirds
337	339		vote of all the members elected to each house, Subchapter C, Chapter
338	340		7920A, Special District Local Laws Code, as added by Section 1 of
339	341		this Act, is amended by adding Section 7920A.0307 to read as
340	342		follows:
341	343		Sec. 7920A.0307. NO EMINENT DOMAIN POWER. The district may
342	344		not exercise the power of eminent domain.
343	345		(b) This section is not intended to be an expression of a
344	346		legislative interpretation of the requirements of Section 17(c),
345	347		Article I, Texas Constitution.
346	348		SECTION 5. This Act takes effect immediately if it receives
347	349		a vote of two-thirds of all the members elected to each house, as
348	350		provided by Section 39, Article III, Texas Constitution. If this
349	351		Act does not receive the vote necessary for immediate effect, this
350	352		Act takes effect September 1, 2021.
351		-	______________________________ ______________________________
352		-	President of the Senate Speaker of the House
353		-	I hereby certify that S.B. No. 2219 passed the Senate on
354		-	May 5, 2021, by the following vote: Yeas 31, Nays 0.
355		-	______________________________
356		-	Secretary of the Senate
357		-	I hereby certify that S.B. No. 2219 passed the House on
358		-	May 14, 2021, by the following vote: Yeas 105, Nays 40, two
359		-	present not voting.
360		-	______________________________
361		-	Chief Clerk of the House
362		-	Approved:
363		-	______________________________
364		-	Date
365		-	______________________________
366		-	Governor