Texas 2021 - 87th Regular

Texas Senate Bill SB2253 Compare Versions

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

Old	New	Differences
1	1	87R9490 SGM-F
2	2	By: Springer S.B. No. 2253
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the LC Municipal Utility District No. 1
8	8	of Collin County; granting a limited power of eminent domain;
9	9	providing authority to issue bonds; providing authority to impose
10	10	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 7908A to read as follows:
14	14	CHAPTER 7908A. LC MUNICIPAL UTILITY DISTRICT NO. 1 OF COLLIN COUNTY
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7908A.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 LC Municipal Utility District
22	22	No. 1 of Collin County.
23	23	Sec. 7908A.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. 7908A.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. 7908A.0104. CONDITIONS PRECEDENT TO CONFIRMATION
31	31	ELECTION. (a) The temporary directors may not hold an election
32	32	under Section 7908A.0103 until:
33	33	(1) each municipality in whose corporate limits or
34	34	extraterritorial jurisdiction the district is located has
35	35	consented by ordinance or resolution to the creation of the
36	36	district and to the inclusion of land in the district; and
37	37	(2) the district has entered into a contract with a
38	38	municipality, Collin County, or another entity:
39	39	(A) for adequate supplemental police, fire,
40	40	emergency, and animal control services for the district; and
41	41	(B) that is approved by the Commissioners Court
42	42	of Collin County under Subsection (c).
43	43	(b) A contract under Subsection (a) may include a provision
44	44	that the contract takes effect only on the approval of the
45	45	Commissioners Court of Collin County and the voters in the district
46	46	voting in an election held for that purpose.
47	47	(c) The Commissioners Court of Collin County shall review a
48	48	contract under Subsection (a) and evaluate the supplemental police,
49	49	fire, emergency, and animal control services provided in the
50	50	contract. If the commissioners court determines that the contract
51	51	provides adequate services, the commissioners court shall adopt a
52	52	resolution stating that the contract has met the requirements of
53	53	Subsection (a).
54	54	Sec. 7908A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
55	55	(a) The district is created to serve a public purpose and benefit.
56	56	(b) The district is created to accomplish the purposes of:
57	57	(1) a municipal utility district as provided by
58	58	general law and Section 59, Article XVI, Texas Constitution; and
59	59	(2) Section 52, Article III, Texas Constitution, that
60	60	relate to the construction, acquisition, improvement, operation,
61	61	or maintenance of macadamized, graveled, or paved roads, or
62	62	improvements, including storm drainage, in aid of those roads.
63	63	Sec. 7908A.0106. INITIAL DISTRICT TERRITORY. (a) The
64	64	district is initially composed of the territory described by
65	65	Section 2 of the Act enacting this chapter.
66	66	(b) The boundaries and field notes contained in Section 2 of
67	67	the Act enacting this chapter form a closure. A mistake made in the
68	68	field notes or in copying the field notes in the legislative process
69	69	does not affect the district's:
70	70	(1) organization, existence, or validity;
71	71	(2) right to issue any type of bond for the purposes
72	72	for which the district is created or to pay the principal of and
73	73	interest on a bond;
74	74	(3) right to impose a tax; or
75	75	(4) legality or operation.
76	76	SUBCHAPTER B. BOARD OF DIRECTORS
77	77	Sec. 7908A.0201. GOVERNING BODY; TERMS. (a) The district
78	78	is governed by a board of five elected directors.
79	79	(b) Except as provided by Section 7908A.0202, directors
80	80	serve staggered four-year terms.
81	81	Sec. 7908A.0202. TEMPORARY DIRECTORS. (a) The temporary
82	82	board consists of:
83	83	(1) Shelby Wilson;
84	84	(2) Morris Layton;
85	85	(3) Roxane Lanclos;
86	86	(4) Tim Hunt; and
87	87	(5) Doug Hurst.
88	88	(b) Temporary directors serve until the earlier of:
89	89	(1) the date permanent directors are elected under
90	90	Section 7908A.0103; or
91	91	(2) the fourth anniversary of the effective date of
92	92	the Act enacting this chapter.
93	93	(c) If permanent directors have not been elected under
94	94	Section 7908A.0103 and the terms of the temporary directors have
95	95	expired, successor temporary directors shall be appointed or
96	96	reappointed as provided by Subsection (d) to serve terms that
97	97	expire on the earlier of:
98	98	(1) the date permanent directors are elected under
99	99	Section 7908A.0103; or
100	100	(2) the fourth anniversary of the date of the
101	101	appointment or reappointment.
102	102	(d) If Subsection (c) applies, the owner or owners of a
103	103	majority of the assessed value of the real property in the district
104	104	may submit a petition to the commission requesting that the
105	105	commission appoint as successor temporary directors the five
106	106	persons named in the petition. The commission shall appoint as
107	107	successor temporary directors the five persons named in the
108	108	petition.
109	109	SUBCHAPTER C. POWERS AND DUTIES
110	110	Sec. 7908A.0301. GENERAL POWERS AND DUTIES. The district
111	111	has the powers and duties necessary to accomplish the purposes for
112	112	which the district is created.
113	113	Sec. 7908A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
114	114	DUTIES. The district has the powers and duties provided by the
115	115	general law of this state, including Chapters 49 and 54, Water Code,
116	116	applicable to municipal utility districts created under Section 59,
117	117	Article XVI, Texas Constitution.
118	118	Sec. 7908A.0303. AUTHORITY FOR ROAD PROJECTS. Under
119	119	Section 52, Article III, Texas Constitution, the district may
120	120	design, acquire, construct, finance, issue bonds for, improve,
121	121	operate, maintain, and convey to this state, a county, or a
122	122	municipality for operation and maintenance macadamized, graveled,
123	123	or paved roads, or improvements, including storm drainage, in aid
124	124	of those roads.
125	125	Sec. 7908A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
126	126	road project must meet all applicable construction standards,
127	127	zoning and subdivision requirements, and regulations of each
128	128	municipality in whose corporate limits or extraterritorial
129	129	jurisdiction the road project is located.
130	130	(b) If a road project is not located in the corporate limits
131	131	or extraterritorial jurisdiction of a municipality, the road
132	132	project must meet all applicable construction standards,
133	133	subdivision requirements, and regulations of each county in which
134	134	the road project is located.
135	135	(c) If the state will maintain and operate the road, the
136	136	Texas Transportation Commission must approve the plans and
137	137	specifications of the road project.
138	138	Sec. 7908A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
139	139	ORDINANCE OR RESOLUTION. The district shall comply with all
140	140	applicable requirements of any ordinance or resolution that is
141	141	adopted under Section 54.016 or 54.0165, Water Code, and that
142	142	consents to the creation of the district or to the inclusion of land
143	143	in the district.
144	144	Sec. 7908A.0306. DIVISION OF DISTRICT. (a) The district
145	145	may be divided into two or more new districts only if the district:
146	146	(1) has no outstanding bonded debt; and
147	147	(2) is not imposing ad valorem taxes.
148	148	(b) This chapter applies to any new district created by
149	149	division of the district, and a new district has all the powers and
150	150	duties of the district.
151	151	(c) A new district created by the division of the district
152	152	may not, at the time the new district is created, contain any land
153	153	outside the area described by Section 2 of the Act enacting this
154	154	chapter.
155	155	(d) The board, on its own motion or on receipt of a petition
156	156	signed by the owner or owners of a majority of the assessed value of
157	157	the real property in the district, may adopt an order dividing the
158	158	district.
159	159	(e) The board may adopt an order dividing the district
160	160	before or after the date the board holds an election under Section
161	161	7908A.0103 to confirm the district's creation.
162	162	(f) An order dividing the district shall:
163	163	(1) name each new district;
164	164	(2) include the metes and bounds description of the
165	165	territory of each new district;
166	166	(3) appoint temporary directors for each new district;
167	167	and
168	168	(4) provide for the division of assets and liabilities
169	169	between the new districts.
170	170	(g) On or before the 30th day after the date of adoption of
171	171	an order dividing the district, the district shall file the order
172	172	with the commission and record the order in the real property
173	173	records of each county in which the district is located.
174	174	(h) A new district created by the division of the district
175	175	shall hold a confirmation and directors' election as required by
176	176	Section 7908A.0103. If the voters of a new district do not confirm
177	177	the creation of the new district, the assets, obligations,
178	178	territory, and governance of the new district revert to the
179	179	original district.
180	180	(i) If the creation of the new district is confirmed, the
181	181	new district shall provide the election date and results to the
182	182	commission.
183	183	(j) A new district created by the division of the district
184	184	must hold an election as required by this chapter to obtain voter
185	185	approval before the district may impose a maintenance tax or issue
186	186	bonds payable wholly or partly from ad valorem taxes.
187	187	(k) Municipal consent to the creation of the district and to
188	188	the inclusion of land in the district granted under Section
189	189	7908A.0104 acts as municipal consent to the creation of any new
190	190	district created by the division of the district and to the
191	191	inclusion of land in the new district.
192	192	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
193	193	Sec. 7908A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
194	194	The district may issue, without an election, bonds and other
195	195	obligations secured by:
196	196	(1) revenue other than ad valorem taxes; or
197	197	(2) contract payments described by Section
198	198	7908A.0403.
199	199	(b) The district must hold an election in the manner
200	200	provided by Chapters 49 and 54, Water Code, to obtain voter approval
201	201	before the district may impose an ad valorem tax or issue bonds
202	202	payable from ad valorem taxes.
203	203	(c) The district may not issue bonds payable from ad valorem
204	204	taxes to finance a road project unless the issuance is approved by a
205	205	vote of a two-thirds majority of the district voters voting at an
206	206	election held for that purpose.
207	207	Sec. 7908A.0402. OPERATION AND MAINTENANCE TAX. (a) If
208	208	authorized at an election held under Section 7908A.0401, the
209	209	district may impose an operation and maintenance tax on taxable
210	210	property in the district in accordance with Section 49.107, Water
211	211	Code.
212	212	(b) The board shall determine the tax rate. The rate may not
213	213	exceed the rate approved at the election.
214	214	Sec. 7908A.0403. CONTRACT TAXES. (a) In accordance with
215	215	Section 49.108, Water Code, the district may impose a tax other than
216	216	an operation and maintenance tax and use the revenue derived from
217	217	the tax to make payments under a contract after the provisions of
218	218	the contract have been approved by a majority of the district voters
219	219	voting at an election held for that purpose.
220	220	(b) A contract approved by the district voters may contain a
221	221	provision stating that the contract may be modified or amended by
222	222	the board without further voter approval.
223	223	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
224	224	Sec. 7908A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
225	225	OBLIGATIONS. The district may issue bonds or other obligations
226	226	payable wholly or partly from ad valorem taxes, impact fees,
227	227	revenue, contract payments, grants, or other district money, or any
228	228	combination of those sources, to pay for any authorized district
229	229	purpose.
230	230	Sec. 7908A.0502. TAXES FOR BONDS. At the time the district
231	231	issues bonds payable wholly or partly from ad valorem taxes, the
232	232	board shall provide for the annual imposition of a continuing
233	233	direct ad valorem tax, without limit as to rate or amount, while all
234	234	or part of the bonds are outstanding as required and in the manner
235	235	provided by Sections 54.601 and 54.602, Water Code.
236	236	Sec. 7908A.0503. BONDS FOR ROAD PROJECTS. At the time of
237	237	issuance, the total principal amount of bonds or other obligations
238	238	issued or incurred to finance road projects and payable from ad
239	239	valorem taxes may not exceed one-fourth of the assessed value of the
240	240	real property in the district.
241	241	SECTION 2. The LC Municipal Utility District No. 1 of Collin
242	242	County initially includes all the territory contained in the
243	243	following area:
244	244	BEING 109.980-acres located in the E.M. Woods Survey, Abstract
245	245	No. 960, Collin County Texas, being all of that called 110.034 acre
246	246	parcel described in General Warranty Deed to Kayasa Family, LTD, as
247	247	recorded in Instrument No. 201501140004480, Official Public
248	248	Records Collin County Texas, (O.P.R.C.C.T.) and being more
249	249	particularly described as follows:
250	250	BEGINNING at a Mag Nail found in the center of County Road 400 (CR
251	251	400) (a prescriptive roadway) for the northwest corner of said
252	252	Kayasa Family parcel, same being northeast corner of Tract 1 as
253	253	described in Deed in Lieu of Foreclosure to George W. Bowen recorded
254	254	in Instrument No. 20090330000362370, O.P.R.C.C.T.;
255	255	THENCE S 88'38'34" E with the center of said CR 400, a distance of
256	256	1,454.42 feet to a found 1/2-inch iron rod for the northeast corner
257	257	of the herein described tract, and the northwest corner of that
258	258	parcel described in Warranty Deed to Texas-New Mexico Power Company
259	259	recorded in Instrument No. 20070105000026530, O.P.R.C.C.T.;
260	260	THENCE leaving said roadway and with the east line of the herein
261	261	described tract as follows:
262	262	S 01'20'43" E, a distance of 871.17 feet to a found iron rod
263	263	with cap marked "BGT" for the southwest corner of said
264	264	Texas-New Mexico tract, the northwest corner of that parcel
265	265	described in Special Warranty Deed to Suncrest Princeton
266	266	Partners, Inc. recorded in Instrument No. 20180215000185810,
267	267	O.P.R.C.C.T.;
268	268	S 02'09'00" W, a distance of 1,053.31 feet to a found 1/2-inch
269	269	iron rod with cap marked "JBI" for the southwest corner of
270	270	said Suncrest Princeton Partners tract and the northwest
271	271	corner of that parcel described in Executrix's Special
272	272	Warranty Deed to Testamentary Trust to Dan Dowell Credit
273	273	Trust as recorded in Instrument No. 20150105000011710,
274	274	O.P.R.C.C.T.;
275	275	S 02'05'02" W, a distance of 1,147.48 feet to a found 3/8-inch
276	276	iron rod, for the southeast corner of the herein described
277	277	tract;
278	278	THENCE N 88'47'50" W with a northerly line of said Dowell tract, a
279	279	distance of 1,747.94 feet to a found 3/8-inch iron rod for the
280	280	northwest corner of said Dowell tract on the east line of that
281	281	parcel described in Special Warranty Deed to Shultz-Branch, Ltd.
282	282	recorded in instrument No. 20121229001661240, O.P.R.C.C.T.;
283	283	THENCE N 01'59'43" E with said east line, 986.49 feet to the
284	284	northeast corner of said Shultz-Branch parcel, being on the south
285	285	line of Tract 2 as described in Deed in Lieu of Foreclosure to
286	286	George W. Brown recorded in Instrument No. 20090330000362370,
287	287	O.P.R.C.C.T.;
288	288	THENCE S 89'01'19" E with said south line, a distance of 296.61 feet
289	289	to a found 1/2-inch iron rod for the southeast corner of said Tract
290	290	2;
291	291	THENCE N 00'38'32" E with the east line of said Tract 2 and the
292	292	aforesaid Tract 1, a distance of 2,087.82 feet to the POINT OF
293	293	BEGINNING, and containing 109.980 acres, more or less.
294	294	SECTION 3. (a) The legal notice of the intention to
295	295	introduce this Act, setting forth the general substance of this
296	296	Act, has been published as provided by law, and the notice and a
297	297	copy of this Act have been furnished to all persons, agencies,
298	298	officials, or entities to which they are required to be furnished
299	299	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
300	300	Government Code.
301	301	(b) The governor, one of the required recipients, has
302	302	submitted the notice and Act to the Texas Commission on
303	303	Environmental Quality.
304	304	(c) The Texas Commission on Environmental Quality has filed
305	305	its recommendations relating to this Act with the governor, the
306	306	lieutenant governor, and the speaker of the house of
307	307	representatives within the required time.
308	308	(d) All requirements of the constitution and laws of this
309	309	state and the rules and procedures of the legislature with respect
310	310	to the notice, introduction, and passage of this Act are fulfilled
311	311	and accomplished.
312	312	SECTION 4. (a) If this Act does not receive a two-thirds
313	313	vote of all the members elected to each house, Subchapter C, Chapter
314	314	7908A, Special District Local Laws Code, as added by Section 1 of
315	315	this Act, is amended by adding Section 7908A.0307 to read as
316	316	follows:
317	317	Sec. 7908A.0307. NO EMINENT DOMAIN POWER. The district may
318	318	not exercise the power of eminent domain.
319	319	(b) This section is not intended to be an expression of a
320	320	legislative interpretation of the requirements of Section 17(c),
321	321	Article I, Texas Constitution.
322	322	SECTION 5. This Act takes effect immediately if it receives
323	323	a vote of two-thirds of all the members elected to each house, as
324	324	provided by Section 39, Article III, Texas Constitution. If this
325	325	Act does not receive the vote necessary for immediate effect, this
326	326	Act takes effect September 1, 2021.