Texas 2021 - 87th Regular

Texas Senate Bill SB2254 Compare Versions

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

Old	New	Differences
1	1	87R10363 ANG-F
2	2	By: Springer S.B. No. 2254
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Blue Meadow Municipal Utility
8	8	District No. 1 of Collin County; granting a limited power of eminent
9	9	domain; providing authority to issue bonds; providing authority to
10	10	impose 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 7929A to read as follows:
14	14	CHAPTER 7929A. BLUE MEADOW MUNICIPAL UTILITY DISTRICT NO. 1 OF
15	15	COLLIN COUNTY
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 7929A.0101. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "Commission" means the Texas Commission on
20	20	Environmental Quality.
21	21	(3) "Director" means a board member.
22	22	(4) "District" means the Blue Meadow Municipal Utility
23	23	District No. 1 of Collin County.
24	24	Sec. 7929A.0102. NATURE OF DISTRICT. The district is a
25	25	municipal utility district created under Section 59, Article XVI,
26	26	Texas Constitution.
27	27	Sec. 7929A.0103. CONFIRMATION AND DIRECTOR ELECTION
28	28	REQUIRED. The temporary directors shall hold an election to
29	29	confirm the creation of the district and to elect five permanent
30	30	directors as provided by Section 49.102, Water Code.
31	31	Sec. 7929A.0104. CONDITIONS PRECEDENT TO CONFIRMATION
32	32	ELECTION. (a) The temporary directors may not hold an election
33	33	under Section 7929A.0103 until:
34	34	(1) each municipality in whose corporate limits or
35	35	extraterritorial jurisdiction the district is located has
36	36	consented by ordinance or resolution to the creation of the
37	37	district and to the inclusion of land in the district; and
38	38	(2) the district has entered into a contract with a
39	39	municipality, Collin County, or another entity:
40	40	(A) for adequate supplemental police, fire,
41	41	emergency, and animal control services for the district; and
42	42	(B) that is approved by the Commissioners Court
43	43	of Collin County under Subsection (c).
44	44	(b) A contract under Subsection (a) may include a provision
45	45	that the contract takes effect only on the approval of the
46	46	Commissioners Court of Collin County and the voters in the district
47	47	voting in an election held for that purpose.
48	48	(c) The Commissioners Court of Collin County shall review a
49	49	contract under Subsection (a) and evaluate the supplemental police,
50	50	fire, emergency, and animal control services provided in the
51	51	contract. If the commissioners court determines that the contract
52	52	provides adequate services, the commissioners court shall adopt a
53	53	resolution stating that the contract has met the requirements of
54	54	Subsection (a).
55	55	Sec. 7929A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
56	56	(a) The district is created to serve a public purpose and benefit.
57	57	(b) The district is created to accomplish the purposes of:
58	58	(1) a municipal utility district as provided by
59	59	general law and Section 59, Article XVI, Texas Constitution; and
60	60	(2) Section 52, Article III, Texas Constitution, that
61	61	relate to the construction, acquisition, improvement, operation,
62	62	or maintenance of macadamized, graveled, or paved roads, or
63	63	improvements, including storm drainage, in aid of those roads.
64	64	Sec. 7929A.0106. INITIAL DISTRICT TERRITORY. (a) The
65	65	district is initially composed of the territory described by
66	66	Section 2 of the Act enacting this chapter.
67	67	(b) The boundaries and field notes contained in Section 2 of
68	68	the Act enacting this chapter form a closure. A mistake made in the
69	69	field notes or in copying the field notes in the legislative process
70	70	does not affect the district's:
71	71	(1) organization, existence, or validity;
72	72	(2) right to issue any type of bond for the purposes
73	73	for which the district is created or to pay the principal of and
74	74	interest on a bond;
75	75	(3) right to impose a tax; or
76	76	(4) legality or operation.
77	77	SUBCHAPTER B. BOARD OF DIRECTORS
78	78	Sec. 7929A.0201. GOVERNING BODY; TERMS. (a) The district
79	79	is governed by a board of five elected directors.
80	80	(b) Except as provided by Section 7929A.0202, directors
81	81	serve staggered four-year terms.
82	82	Sec. 7929A.0202. TEMPORARY DIRECTORS. (a) The temporary
83	83	board consists of:
84	84	(1) Philip Tomlinson;
85	85	(2) Ben Nieswiadomy;
86	86	(3) Wil Walters;
87	87	(4) Connor Campbell; and
88	88	(5) Bryce Garoutte.
89	89	(b) Temporary directors serve until the earlier of:
90	90	(1) the date permanent directors are elected under
91	91	Section 7929A.0103; or
92	92	(2) the fourth anniversary of the effective date of
93	93	the Act enacting this chapter.
94	94	(c) If permanent directors have not been elected under
95	95	Section 7929A.0103 and the terms of the temporary directors have
96	96	expired, successor temporary directors shall be appointed or
97	97	reappointed as provided by Subsection (d) to serve terms that
98	98	expire on the earlier of:
99	99	(1) the date permanent directors are elected under
100	100	Section 7929A.0103; or
101	101	(2) the fourth anniversary of the date of the
102	102	appointment or reappointment.
103	103	(d) If Subsection (c) applies, the owner or owners of a
104	104	majority of the assessed value of the real property in the district
105	105	may submit a petition to the commission requesting that the
106	106	commission appoint as successor temporary directors the five
107	107	persons named in the petition. The commission shall appoint as
108	108	successor temporary directors the five persons named in the
109	109	petition.
110	110	SUBCHAPTER C. POWERS AND DUTIES
111	111	Sec. 7929A.0301. GENERAL POWERS AND DUTIES. The district
112	112	has the powers and duties necessary to accomplish the purposes for
113	113	which the district is created.
114	114	Sec. 7929A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
115	115	DUTIES. The district has the powers and duties provided by the
116	116	general law of this state, including Chapters 49 and 54, Water Code,
117	117	applicable to municipal utility districts created under Section 59,
118	118	Article XVI, Texas Constitution.
119	119	Sec. 7929A.0303. AUTHORITY FOR ROAD PROJECTS. Under
120	120	Section 52, Article III, Texas Constitution, the district may
121	121	design, acquire, construct, finance, issue bonds for, improve,
122	122	operate, maintain, and convey to this state, a county, or a
123	123	municipality for operation and maintenance macadamized, graveled,
124	124	or paved roads, or improvements, including storm drainage, in aid
125	125	of those roads.
126	126	Sec. 7929A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
127	127	road project must meet all applicable construction standards,
128	128	zoning and subdivision requirements, and regulations of each
129	129	municipality in whose corporate limits or extraterritorial
130	130	jurisdiction the road project is located.
131	131	(b) If a road project is not located in the corporate limits
132	132	or extraterritorial jurisdiction of a municipality, the road
133	133	project must meet all applicable construction standards,
134	134	subdivision requirements, and regulations of each county in which
135	135	the road project is located.
136	136	(c) If the state will maintain and operate the road, the
137	137	Texas Transportation Commission must approve the plans and
138	138	specifications of the road project.
139	139	Sec. 7929A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
140	140	ORDINANCE OR RESOLUTION. The district shall comply with all
141	141	applicable requirements of any ordinance or resolution that is
142	142	adopted under Section 54.016 or 54.0165, Water Code, and that
143	143	consents to the creation of the district or to the inclusion of land
144	144	in the district.
145	145	Sec. 7929A.0306. DIVISION OF DISTRICT. (a) The district
146	146	may be divided into two or more new districts only if the district:
147	147	(1) has no outstanding bond debt; and
148	148	(2) is not imposing ad valorem taxes.
149	149	(b) This chapter applies to any new district created by
150	150	division of the district, and a new district has all the powers and
151	151	duties of the district.
152	152	(c) A new district created by the division of the district
153	153	may not, at the time the new district is created, contain any land
154	154	outside the area described by Section 2 of the Act enacting this
155	155	chapter.
156	156	(d) The board, on its own motion or on receipt of a petition
157	157	signed by the owner or owners of a majority of the assessed value of
158	158	the real property in the district, may adopt an order dividing the
159	159	district.
160	160	(e) The board may adopt an order dividing the district
161	161	before or after the date the board holds an election under Section
162	162	7929A.0103 to confirm the district's creation.
163	163	(f) An order dividing the district shall:
164	164	(1) name each new district;
165	165	(2) include the metes and bounds description of the
166	166	territory of each new district;
167	167	(3) appoint temporary directors for each new district;
168	168	and
169	169	(4) provide for the division of assets and liabilities
170	170	between the new districts.
171	171	(g) On or before the 30th day after the date of adoption of
172	172	an order dividing the district, the district shall file the order
173	173	with the commission and record the order in the real property
174	174	records of each county in which the district is located.
175	175	(h) Any new district created by the division of the district
176	176	shall hold a confirmation and directors' election as required by
177	177	Section 7929A.0103. If the voters of a new district do not confirm
178	178	the creation of the new district, the assets, obligations,
179	179	territory, and governance of the new district revert to the
180	180	original district.
181	181	(i) Municipal consent to the creation of the district and to
182	182	the inclusion of land in the district granted under Section
183	183	7929A.0104 acts as municipal consent to the creation of any new
184	184	district created by the division of the district and to the
185	185	inclusion of land in the new district.
186	186	(j) Any new district created by the division of the district
187	187	must hold an election as required by this chapter to obtain voter
188	188	approval before the district may impose a maintenance tax or issue
189	189	bonds payable wholly or partly from ad valorem taxes.
190	190	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
191	191	Sec. 7929A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
192	192	The district may issue, without an election, bonds and other
193	193	obligations secured by:
194	194	(1) revenue other than ad valorem taxes; or
195	195	(2) contract payments described by Section
196	196	7929A.0403.
197	197	(b) The district must hold an election in the manner
198	198	provided by Chapters 49 and 54, Water Code, to obtain voter approval
199	199	before the district may impose an ad valorem tax or issue bonds
200	200	payable from ad valorem taxes.
201	201	(c) The district may not issue bonds payable from ad valorem
202	202	taxes to finance a road project unless the issuance is approved by a
203	203	vote of a two-thirds majority of the district voters voting at an
204	204	election held for that purpose.
205	205	Sec. 7929A.0402. OPERATION AND MAINTENANCE TAX. (a) If
206	206	authorized at an election held under Section 7929A.0401, the
207	207	district may impose an operation and maintenance tax on taxable
208	208	property in the district in accordance with Section 49.107, Water
209	209	Code.
210	210	(b) The board shall determine the tax rate. The rate may not
211	211	exceed the rate approved at the election.
212	212	Sec. 7929A.0403. CONTRACT TAXES. (a) In accordance with
213	213	Section 49.108, Water Code, the district may impose a tax other than
214	214	an operation and maintenance tax and use the revenue derived from
215	215	the tax to make payments under a contract after the provisions of
216	216	the contract have been approved by a majority of the district voters
217	217	voting at an election held for that purpose.
218	218	(b) A contract approved by the district voters may contain a
219	219	provision stating that the contract may be modified or amended by
220	220	the board without further voter approval.
221	221	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
222	222	Sec. 7929A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
223	223	OBLIGATIONS. The district may issue bonds or other obligations
224	224	payable wholly or partly from ad valorem taxes, impact fees,
225	225	revenue, contract payments, grants, or other district money, or any
226	226	combination of those sources, to pay for any authorized district
227	227	purpose.
228	228	Sec. 7929A.0502. TAXES FOR BONDS. At the time the district
229	229	issues bonds payable wholly or partly from ad valorem taxes, the
230	230	board shall provide for the annual imposition of a continuing
231	231	direct ad valorem tax, without limit as to rate or amount, while all
232	232	or part of the bonds are outstanding as required and in the manner
233	233	provided by Sections 54.601 and 54.602, Water Code.
234	234	Sec. 7929A.0503. BONDS FOR ROAD PROJECTS. At the time of
235	235	issuance, the total principal amount of bonds or other obligations
236	236	issued or incurred to finance road projects and payable from ad
237	237	valorem taxes may not exceed one-fourth of the assessed value of the
238	238	real property in the district.
239	239	SECTION 2. The Blue Meadow Municipal Utility District No. 1
240	240	of Collin County initially includes all the territory contained in
241	241	the following area:
242	242	BEING all that tract of land in Collin County, Texas, out of
243	243	the Jonathan Douthit Survey, A-251, and being part of that called
244	244	196.345 acres, all of that called 169.531 acres, and part of that
245	245	called 79.452 acres of land described as Tract I, Tract 2, Tract 3,
246	246	respectively, in deed to Stonehollow Homes, LLC as recorded under
247	247	CC# 20170322000362630 of the Official Public Records of Collin
248	248	County, Texas, and being all of that called 75.012 acres of land
249	249	described in deed to Stonehollow Homes, LLC as recorded under CC#
250	250	20170104000011010 of the Official Public Records of Collin County,
251	251	Texas, and being all of that called 37.530 acres of land in deed to
252	252	Stonehollow Homes, LLC as recorded under CC# 20170104000011020 of
253	253	the Official Public Records of Collin County, Texas, and being all
254	254	of that called 37.432 acres of land described in deed to Stonehollow
255	255	Homes, LLC as recorded under CC# 20170104000011000 of the Official
256	256	Public Records of Collin County, Texas, and being further described
257	257	as follows:
258	258	BEGINNING at a 5/8 inch steel rod found at a turn in County
259	259	Road No. 502, at the Southeast corner of said 196.345 acres, and at
260	260	the Southwest corner of that called 10.363 acres of land described
261	261	in deed to Byron Shelton and Sadie Shelton as recorded under CC#
262	262	20190418000415530 of the Official Public Records of Collin County,
263	263	Texas;
264	264	THENCE North 89 degrees 50 minutes 47 seconds West, 99.86
265	265	feet to a 5/8 inch steel rod set;
266	266	THENCE North 00 degrees 38 minutes 29 seconds East, 323.07
267	267	feet to a 5/8 inch steel rod set;
268	268	THENCE North 89 degrees 21 minutes 31 seconds West, 2400.00
269	269	feet to a 5/8 inch steel rod set;
270	270	THENCE South 00 degrees 38 minutes 29 seconds West, 300.00
271	271	feet to a 5/8 inch steel rod set;
272	272	THENCE North 89 degrees 21 minutes 31 seconds West, 85.00
273	273	feet to a 5/8 inch steel rod set;
274	274	THENCE North 00 degrees 38 minutes 29 seconds East, 300.00
275	275	feet to a 5/8 inch steel rod set;
276	276	THENCE North 89 degrees 21 minutes 31 seconds West, 900.00
277	277	feet to a 5/8 inch steel rod set;
278	278	THENCE South 00 degrees 38 minutes 29 seconds West, 300.00
279	279	feet to a 5/8 inch steel rod set;
280	280	THENCE North 89 degrees 21 minutes 31 seconds West, 60.00
281	281	feet to a 5/8 inch steel rod set;
282	282	THENCE North 00 degrees 38 minutes 29 seconds East, 300.00
283	283	feet to a 5/8 inch steel rod set;
284	284	THENCE North 89 degrees 21 minutes 31 seconds West, 601.65
285	285	feet to a 5/8 inch steel rod set;
286	286	THENCE South 00 degrees 19 minutes 52 seconds West, 340.05
287	287	feet to a 5/8 inch steel rod set to a point in the center of County
288	288	Road No. 502;
289	289	THENCE North 88 degrees 46 minutes 28 seconds West, 50.01
290	290	feet along the approximate center of said County Road No. 502 to a
291	291	60d nail set at the Southwest corner of said 79.452 acres, and at
292	292	the Southeast corner of that called 6.000 acres of land described as
293	293	Tract I in deed to Alton W. Hopper as recorded under CC#
294	294	20060407000462250 of the Official Public Records of Collin County,
295	295	Texas;
296	296	THENCE North 00 degrees 19 minutes 52 seconds East, 1291.43
297	297	feet to a 1/2 inch steel rod found at the Westerly most Northwest
298	298	corner of said 79.452 acres, at the Northeast corner of that called
299	299	11.621 acres of land described as Tract I in deed to Collin County
300	300	as recorded in Volume 5910, Page 3146 of the Land Records of Collin
301	301	County, Texas, and on the South line of that called 54 acres of land
302	302	described in deed to Kimberly Cantrell Wright as recorded under CC#
303	303	20080516000598880 of the Official Public Records of Collin County,
304	304	Texas;
305	305	THENCE North 89 degrees 41 minutes 48 seconds East, 130.95
306	306	feet to a 3/8 inch steel rod found at an ell corner of said 79.452
307	307	acres, and at the Southeast corner of said 54 acres;
308	308	THENCE North 01 degrees 16 minutes 55 seconds East, 1623.59
309	309	feet to a 1/2 inch steel rod found at the Northwest corner of said
310	310	79.452 acres, at the Southwest corner of said 37.432 acres, at the
311	311	Southeast corner of said 37.530 acres, and at the Northeast corner
312	312	of said 54 acres;
313	313	THENCE North 89 degrees 54 minutes 28 seconds West, 730.81
314	314	feet to a 5/8 inch steel rod set at the Southwest corner of said
315	315	37.530 acres, and at the Southeast corner of that called 37.48 acres
316	316	of land described as Tract Two in deed to Justin Ray Armbrister and
317	317	Wendi Lynn Armbrister as recorded under CC# 20160104000002710 of
318	318	the Official Public Records of Collin County, Texas;
319	319	THENCE North 01 degrees 00 minutes 40 seconds West, 1219.81
320	320	feet to a point on the South line of the Anna E.T.J.;
321	321	THENCE Northeasterly, 2067.03 feet along said South line of
322	322	Anna E.T.J. and a curve to the left having a radius of 5358.48 feet
323	323	and a central angle of 22 degrees 06 minutes 07 seconds (Chord bears
324	324	North 55 degrees 19 minutes 30 seconds East, 2054.24 feet) to a
325	325	point;
326	326	THENCE South 89 degrees 36 minutes 54 seconds East, 482.37
327	327	feet to a 3/8 inch steel rod found at an ell corner of said 169.531
328	328	acres, and at the Southeast corner of that called 25.05 acres of
329	329	land described in deed to Leroy W. Warren, Jr. and Linda F. Warren
330	330	as recorded under CC# 20070530000726310 of the Official Public
331	331	Records of Collin County, Texas;
332	332	THENCE North 00 degrees 56 minutes 06 seconds West, 191.40
333	333	feet to a 1/2 inch steel rod found at a Northwest corner of said
334	334	169.531 acres, and at the Southwest corner of that called 96.806
335	335	acres of land described in deed to R&D Aycock, Ltd. as recorded in
336	336	Volume 5105, Page 2819 of the Land Records of Collin County, Texas;
337	337	THENCE South 88 degrees 31 minutes 34 seconds East, 1381.94
338	338	feet to a 1/2 inch steel rod found at an ell corner of said 169.531
339	339	acres, and at the Southeast corner of said 96.806 acres;
340	340	THENCE North 89 degrees 56 minutes 56 seconds East, 1325.67
341	341	feet to a 5/8 inch steel rod set on the East line of said 75.012
342	342	acres;
343	343	THENCE along the East line of said 75.012 acres as follows:
344	344	North 89 degrees 05 minutes 15 seconds East, 16.83 feet to a
345	345	5/8 inch steel rod set;
346	346	South 02 degrees 35 minutes 43 seconds West, 1434.52 feet to a
347	347	5/8 inch pipe found at the Southeast corner of said 75.012 acres,
348	348	and at the Northeast corner of that called 51.26 acres of land
349	349	described in deed to Joe Brent Cantrell as recorded under CC#
350	350	96-0016857 of the Land Records of Collin County, Texas;
351	351	THENCE South 89 degrees 56 minutes 04 seconds West, 2009.91
352	352	feet to a 1/2 inch steel rod found at an ell corner of said 169.531
353	353	acres, and at the Northwest corner of said 51.26 acres;
354	354	THENCE South 00 degrees 05 minutes 52 seconds East, 1121.56
355	355	feet to a 1/2 inch steel rod found at the Southerly most Southeast
356	356	corner of said 169.531 acres, and at the Southwest corner of said
357	357	51.26 acres;
358	358	THENCE North 89 degrees 54 minutes 51 seconds East, 1960.98
359	359	feet to a 5/8 inch steel rod set at the Northeast corner of said
360	360	196.345 acres, and at the Southeast corner of said 51.26 acres;
361	361	THENCE South 00 degrees 50 minutes 54 seconds East, 85.79
362	362	feet to a Bois d'arc post found at an angle point of said 196.345
363	363	acres, and at the Northwest corner of that called 5.311 acres of
364	364	land described as Tract Two in deed to J.D. Horton and Linda K.
365	365	Horton as recorded under CC# 94-0004753 of the Land Records of
366	366	Collin County, Texas;
367	367	THENCE South 00 degrees 35 minutes 21 seconds West, 1835.45
368	368	feet to a 5/8 inch steel rod set at centerline intersection of a
369	369	turn in County Road No. 502;
370	370	THENCE South 00 degrees 31 minutes 06 seconds East, 1013.39
371	371	feet along the approximate center of said County Road No. 502 to the
372	372	POINT OF BEGINNING, containing 444.35 acres of land.
373	373	SECTION 3. (a) The legal notice of the intention to
374	374	introduce this Act, setting forth the general substance of this
375	375	Act, has been published as provided by law, and the notice and a
376	376	copy of this Act have been furnished to all persons, agencies,
377	377	officials, or entities to which they are required to be furnished
378	378	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
379	379	Government Code.
380	380	(b) The governor, one of the required recipients, has
381	381	submitted the notice and Act to the Texas Commission on
382	382	Environmental Quality.
383	383	(c) The Texas Commission on Environmental Quality has filed
384	384	its recommendations relating to this Act with the governor, the
385	385	lieutenant governor, and the speaker of the house of
386	386	representatives within the required time.
387	387	(d) All requirements of the constitution and laws of this
388	388	state and the rules and procedures of the legislature with respect
389	389	to the notice, introduction, and passage of this Act are fulfilled
390	390	and accomplished.
391	391	SECTION 4. (a) If this Act does not receive a two-thirds
392	392	vote of all the members elected to each house, Subchapter C, Chapter
393	393	7929A, Special District Local Laws Code, as added by Section 1 of
394	394	this Act, is amended by adding Section 7929A.0307 to read as
395	395	follows:
396	396	Sec. 7929A.0307. NO EMINENT DOMAIN POWER. The district may
397	397	not exercise the power of eminent domain.
398	398	(b) This section is not intended to be an expression of a
399	399	legislative interpretation of the requirements of Section 17(c),
400	400	Article I, Texas Constitution.
401	401	SECTION 5. This Act takes effect immediately if it receives
402	402	a vote of two-thirds of all the members elected to each house, as
403	403	provided by Section 39, Article III, Texas Constitution. If this
404	404	Act does not receive the vote necessary for immediate effect, this
405	405	Act takes effect September 1, 2021.