Texas 2021 - 87th Regular

Texas Senate Bill SB2239 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R17728 ANG-F
2	2	By: Taylor S.B. No. 2239
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Brazoria County Municipal Utility
8	8	District No. 86; granting a limited power of eminent domain;
9	9	providing authority to issue bonds; providing authority to impose
10	10	assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 7952A to read as follows:
14	14	CHAPTER 7952A. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 86
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7952A.0101. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Brazoria County Municipal
22	22	Utility District No. 86.
23	23	Sec. 7952A.0102. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 7952A.0103. CONFIRMATION AND DIRECTOR ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 7952A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	7952A.0103 until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 7952A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 7952A.0106. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 7952A.0201. GOVERNING BODY; TERMS. (a) The district
60	60	is governed by a board of five elected directors.
61	61	(b) Except as provided by Section 7952A.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 7952A.0202. TEMPORARY DIRECTORS. (a) On or after the
64	64	effective date of the Act enacting this chapter, the owner or owners
65	65	of a majority of the assessed value of the real property in the
66	66	district may submit a petition to the commission requesting that
67	67	the commission appoint as temporary directors the five persons
68	68	named in the petition. The commission shall appoint as temporary
69	69	directors the five persons named in the petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 7952A.0103; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act enacting this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 7952A.0103 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 7952A.0103; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 7952A.0301. GENERAL POWERS AND DUTIES. The district
93	93	has the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 7952A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 7952A.0303. AUTHORITY FOR ROAD PROJECTS. Under
101	101	Section 52, Article III, Texas Constitution, the district may
102	102	design, acquire, construct, finance, issue bonds for, improve,
103	103	operate, maintain, and convey to this state, a county, or a
104	104	municipality for operation and maintenance macadamized, graveled,
105	105	or paved roads, or improvements, including storm drainage, in aid
106	106	of those roads.
107	107	Sec. 7952A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
108	108	road project must meet all applicable construction standards,
109	109	zoning and subdivision requirements, and regulations of each
110	110	municipality in whose corporate limits or extraterritorial
111	111	jurisdiction the road project is located.
112	112	(b) If a road project is not located in the corporate limits
113	113	or extraterritorial jurisdiction of a municipality, the road
114	114	project must meet all applicable construction standards,
115	115	subdivision requirements, and regulations of each county in which
116	116	the road project is located.
117	117	(c) If the state will maintain and operate the road, the
118	118	Texas Transportation Commission must approve the plans and
119	119	specifications of the road project.
120	120	Sec. 7952A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
121	121	ORDINANCE OR RESOLUTION. The district shall comply with all
122	122	applicable requirements of any ordinance or resolution that is
123	123	adopted under Section 54.016 or 54.0165, Water Code, and that
124	124	consents to the creation of the district or to the inclusion of land
125	125	in the district.
126	126	Sec. 7952A.0306. DIVISION OF DISTRICT. (a) The district
127	127	may be divided into two or more new districts only if the district:
128	128	(1) has never issued any bonds; and
129	129	(2) is not imposing ad valorem taxes.
130	130	(b) This chapter applies to any new district created by the
131	131	division of the district, and a new district has all the powers and
132	132	duties of the district.
133	133	(c) A new district created by the division of the district
134	134	may not, at the time the new district is created, contain any land
135	135	outside the area described by Section 2 of the Act enacting this
136	136	chapter.
137	137	(d) The board, on its own motion or on receipt of a petition
138	138	signed by the owner or owners of a majority of the assessed value of
139	139	the real property in the district, may adopt an order dividing the
140	140	district.
141	141	(e) The board may adopt an order dividing the district
142	142	before or after the date the board holds an election under Section
143	143	7952A.0103 to confirm the district's creation.
144	144	(f) An order dividing the district shall:
145	145	(1) name each new district;
146	146	(2) include the metes and bounds description of the
147	147	territory of each new district;
148	148	(3) appoint temporary directors for each new district;
149	149	and
150	150	(4) provide for the division of assets and liabilities
151	151	between the new districts.
152	152	(g) On or before the 30th day after the date of adoption of
153	153	an order dividing the district, the district shall file the order
154	154	with the commission and record the order in the real property
155	155	records of each county in which the district is located.
156	156	(h) Any new district created by the division of the district
157	157	shall hold a confirmation and directors' election as required by
158	158	Section 7952A.0103.
159	159	(i) If the creation of the new district is confirmed, the
160	160	new district shall provide the election date and results to the
161	161	commission.
162	162	(j) Any new district created by the division of the district
163	163	must hold an election as required by this chapter to obtain voter
164	164	approval before the district may impose a maintenance tax or issue
165	165	bonds payable wholly or partly from ad valorem taxes.
166	166	(k) Municipal consent to the creation of the district and to
167	167	the inclusion of land in the district granted under Section
168	168	7952A.0104 acts as municipal consent to the creation of any new
169	169	district created by the division of the district and to the
170	170	inclusion of land in the new district.
171	171	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
172	172	Sec. 7952A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
173	173	The district may issue, without an election, bonds and other
174	174	obligations secured by:
175	175	(1) revenue other than ad valorem taxes; or
176	176	(2) contract payments described by Section
177	177	7952A.0403.
178	178	(b) The district must hold an election in the manner
179	179	provided by Chapters 49 and 54, Water Code, to obtain voter approval
180	180	before the district may impose an ad valorem tax or issue bonds
181	181	payable from ad valorem taxes.
182	182	(c) The district may not issue bonds payable from ad valorem
183	183	taxes to finance a road project unless the issuance is approved by a
184	184	vote of a two-thirds majority of the district voters voting at an
185	185	election held for that purpose.
186	186	Sec. 7952A.0402. OPERATION AND MAINTENANCE TAX. (a) If
187	187	authorized at an election held under Section 7952A.0401, the
188	188	district may impose an operation and maintenance tax on taxable
189	189	property in the district in accordance with Section 49.107, Water
190	190	Code.
191	191	(b) The board shall determine the tax rate. The rate may not
192	192	exceed the rate approved at the election.
193	193	Sec. 7952A.0403. CONTRACT TAXES. (a) In accordance with
194	194	Section 49.108, Water Code, the district may impose a tax other than
195	195	an operation and maintenance tax and use the revenue derived from
196	196	the tax to make payments under a contract after the provisions of
197	197	the contract have been approved by a majority of the district voters
198	198	voting at an election held for that purpose.
199	199	(b) A contract approved by the district voters may contain a
200	200	provision stating that the contract may be modified or amended by
201	201	the board without further voter approval.
202	202	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
203	203	Sec. 7952A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
204	204	OBLIGATIONS. The district may issue bonds or other obligations
205	205	payable wholly or partly from ad valorem taxes, impact fees,
206	206	revenue, contract payments, grants, or other district money, or any
207	207	combination of those sources, to pay for any authorized district
208	208	purpose.
209	209	Sec. 7952A.0502. TAXES FOR BONDS. At the time the district
210	210	issues bonds payable wholly or partly from ad valorem taxes, the
211	211	board shall provide for the annual imposition of a continuing
212	212	direct ad valorem tax, without limit as to rate or amount, while all
213	213	or part of the bonds are outstanding as required and in the manner
214	214	provided by Sections 54.601 and 54.602, Water Code.
215	215	Sec. 7952A.0503. BONDS FOR ROAD PROJECTS. At the time of
216	216	issuance, the total principal amount of bonds or other obligations
217	217	issued or incurred to finance road projects and payable from ad
218	218	valorem taxes may not exceed one-fourth of the assessed value of the
219	219	real property in the district.
220	220	SECTION 2. The Brazoria County Municipal Utility District
221	221	No. 86 initially includes all the territory contained in the
222	222	following area:
223	223	206.94 ACRES OF LAND, BEING A PART OF THE PERRY AND AUSTIN
224	224	LEAGUE, ABSTRACT 109, BRAZORIA COUNTY, TEXAS, AND BEING OUT OF THAT
225	225	CERTAIN TRACT DESCRIBED IN A DEED TO IP FARMS AS PARCEL 34, TRACT 1,
226	226	RECORDED IN VOLUME 1769, PAGE 350, DEED RECORDS OF BRAZORIA COUNTY,
227	227	TEXAS, SAID 206.94 ACRES BEING MORE PARTICULARLY DESCRIBED AS
228	228	FOLLOWS:
229	229	BEGINNING at a 3/4 inch iron pipe set for the South corner of
230	230	the herein described tract and the East corner of Tract 4 this day
231	231	surveyed in the Northwest right-of-way line of F. M. 2004 (300.0
232	232	feet wide in Volume 873, Page 612, Deed Records), said point being
233	233	located North 43 deg. 30 min. 34 sec. East - 1544.16 feet from a 3/4
234	234	inch iron pipe found at the East corner of a 15.0 acre tract
235	235	described in a deed from IP Farms to Regency Cleaners, Inc. recorded
236	236	in Clerk's File 00-032313;
237	237	THENCE North 43 deg. 35 min. 12 sec. West, along the Northeast
238	238	line of Tract 4, a distance of 121.04 feet to a 3/4 inch iron pipe
239	239	set for angle point;
240	240	THENCE North 55 deg. 26 min. 28 sec. West, along the Northeast
241	241	line of Tract 4, a distance of 161.66 feet to a 3/4 inch iron pipe
242	242	set for angle point;
243	243	THENCE North 44 deg. 16 min. 35 sec. West, along the Northeast
244	244	line of Tract 4, a distance of 1738.74 feet to a 3/4 inch iron pipe
245	245	set for angle point;
246	246	THENCE North 59 deg. 34 min. 22 sec. West, along the Northeast
247	247	line of Tract 4, a distance of 158.26 feet to a 3/4 inch iron pipe
248	248	set for angle point;
249	249	THENCE North 82 deg. 17 min. 31 sec. West, along the North
250	250	line of Tract 4, a distance of 827.12 feet to a 3/4 inch iron pipe
251	251	set for angle point;
252	252	THENCE South 68 deg. 39 min. 28 sec. West, along the North
253	253	line of Tract 4, a distance of 960.63 feet to a 3/4 inch iron pipe
254	254	found for the West corner of the herein described tract in the
255	255	Southeast line of Tract 5 heretofore surveyed;
256	256	THENCE North 22 deg. 08 min. 26 sec. East, along the Southeast
257	257	line of Tract 5, a distance of 152.05 feet to a 3/4 inch iron pipe
258	258	found for angle point;
259	259	THENCE North 39 deg. 52 min. 48 sec. East, along the Southeast
260	260	line of Tract 5, at 2279.02 feet pass a 3/4 inch iron pipe set for
261	261	reference corner, and continue for a total distance of 2379.02 feet
262	262	to a point marking the North corner of the herein described tract in
263	263	the Southwest line of Tract 6 this day surveyed, said point being in
264	264	the centerline of Persimmon Bayou;
265	265	THENCE North 85 deg. 31 min. 02 sec. East, along the
266	266	centerline of Persimmon Bayou and the Southwest line of Tract 6, at
267	267	52.97 feet pass the South corner of Tract 6 and the West corner of
268	268	Tract 2, and continue along the Southwest line of Tract 2 for a
269	269	total distance of 1183.48 feet to an angle point;
270	270	THENCE South 72 deg. 02 min. 39 sec. East, along the
271	271	centerline of Persimmon Bayou and the Southwest line of Tract 2, a
272	272	distance of 2183.60 feet to an angle point;
273	273	THENCE South 71 deg. 13 min. 56 sec. East, along the
274	274	centerline of Persimmon Bayou and the Southwest line of Tract 2, a
275	275	distance of 765.49 feet to a point marking the East corner of the
276	276	herein described tract in the Northwest right-of-way line of F. M.
277	277	2004, from which point a concrete monument found bears North 43 deg.
278	278	30 min. 34 sec. East - 355.35 feet;
279	279	THENCE South 43 deg. 30 min. 34 sec. West, along the Northwest
280	280	line of F. M. 2004, a distance of 3316.44 feet to the PLACE OF
281	281	BEGINNING and containing 206.94 acres of land.
282	282	SECTION 3. (a) The legal notice of the intention to
283	283	introduce this Act, setting forth the general substance of this
284	284	Act, has been published as provided by law, and the notice and a
285	285	copy of this Act have been furnished to all persons, agencies,
286	286	officials, or entities to which they are required to be furnished
287	287	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
288	288	Government Code.
289	289	(b) The governor, one of the required recipients, has
290	290	submitted the notice and Act to the Texas Commission on
291	291	Environmental Quality.
292	292	(c) The Texas Commission on Environmental Quality has filed
293	293	its recommendations relating to this Act with the governor, the
294	294	lieutenant governor, and the speaker of the house of
295	295	representatives within the required time.
296	296	(d) All requirements of the constitution and laws of this
297	297	state and the rules and procedures of the legislature with respect
298	298	to the notice, introduction, and passage of this Act are fulfilled
299	299	and accomplished.
300	300	SECTION 4. (a) If this Act does not receive a two-thirds
301	301	vote of all the members elected to each house, Subchapter C, Chapter
302	302	7952A, Special District Local Laws Code, as added by Section 1 of
303	303	this Act, is amended by adding Section 7952A.0307 to read as
304	304	follows:
305	305	Sec. 7952A.0307. NO EMINENT DOMAIN POWER. The district may
306	306	not exercise the power of eminent domain.
307	307	(b) This section is not intended to be an expression of a
308	308	legislative interpretation of the requirements of Section 17(c),
309	309	Article I, Texas Constitution.
310	310	SECTION 5. This Act takes effect immediately if it receives
311	311	a vote of two-thirds of all the members elected to each house, as
312	312	provided by Section 39, Article III, Texas Constitution. If this
313	313	Act does not receive the vote necessary for immediate effect, this
314	314	Act takes effect September 1, 2021.