Texas 2021 - 87th Regular

Texas Senate Bill SB2258 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R18726 ANG-F
1	2		By: Springer S.B. No. 2258
2		-	(In the Senate - Filed May 13, 2021; May 14, 2021, read
3		-	first time and referred to Committee on Local Government;
4		-	May 19, 2021, reported favorably by the following vote: Yeas 9,
5		-	Nays 0; May 19, 2021, sent to printer.)
6		-	Click here to see the committee vote
7	3
8	4
9	5		A BILL TO BE ENTITLED
10	6		AN ACT
11	7		relating to the creation of the Clear Sky Municipal Utility
12	8		District of Denton County; granting a limited power of eminent
13	9		domain; providing authority to issue bonds; providing authority to
14	10		impose assessments, fees, and taxes.
15	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	12		SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	13		Code, is amended by adding Chapter 7948A to read as follows:
18	14		CHAPTER 7948A. CLEAR SKY MUNICIPAL UTILITY DISTRICT OF DENTON
19	15		COUNTY
20	16		SUBCHAPTER A. GENERAL PROVISIONS
21	17		Sec. 7948A.0101. DEFINITIONS. In this chapter:
22	18		(1) "Board" means the district's board of directors.
23	19		(2) "Commission" means the Texas Commission on
24	20		Environmental Quality.
25	21		(3) "Director" means a board member.
26	22		(4) "District" means the Clear Sky Municipal Utility
27	23		District of Denton County.
28	24		Sec. 7948A.0102. NATURE OF DISTRICT. The district is a
29	25		municipal utility district created under Section 59, Article XVI,
30	26		Texas Constitution.
31	27		Sec. 7948A.0103. CONFIRMATION AND DIRECTOR ELECTION
32	28		REQUIRED. The temporary directors shall hold an election to
33	29		confirm the creation of the district and to elect five permanent
34	30		directors as provided by Section 49.102, Water Code.
35	31		Sec. 7948A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
36	32		temporary directors may not hold an election under Section
37	33		7948A.0103 until each municipality in whose corporate limits or
38	34		extraterritorial jurisdiction the district is located has
39	35		consented by ordinance or resolution to the creation of the
40	36		district and to the inclusion of land in the district.
41	37		Sec. 7948A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
42	38		(a) The district is created to serve a public purpose and benefit.
43	39		(b) The district is created to accomplish the purposes of:
44	40		(1) a municipal utility district as provided by
45	41		general law and Section 59, Article XVI, Texas Constitution; and
46	42		(2) Section 52, Article III, Texas Constitution, that
47	43		relate to the construction, acquisition, improvement, operation,
48	44		or maintenance of macadamized, graveled, or paved roads, or
49	45		improvements, including storm drainage, in aid of those roads.
50	46		Sec. 7948A.0106. INITIAL DISTRICT TERRITORY. (a) The
51	47		district is initially composed of the territory described by
52	48		Section 2 of the Act enacting this chapter.
53	49		(b) The boundaries and field notes contained in Section 2 of
54	50		the Act enacting this chapter form a closure. A mistake made in the
55	51		field notes or in copying the field notes in the legislative process
56	52		does not affect the district's:
57	53		(1) organization, existence, or validity;
58	54		(2) right to issue any type of bond for the purposes
59	55		for which the district is created or to pay the principal of and
60	56		interest on a bond;
61	57		(3) right to impose a tax; or
62	58		(4) legality or operation.
63	59		SUBCHAPTER B. BOARD OF DIRECTORS
64	60		Sec. 7948A.0201. GOVERNING BODY; TERMS. (a) The district
65	61		is governed by a board of five elected directors.
66	62		(b) Except as provided by Section 7948A.0202, directors
67	63		serve staggered four-year terms.
68	64		Sec. 7948A.0202. TEMPORARY DIRECTORS. (a) The temporary
69	65		board consists of:
70	66		(1) Manolo "Manny" Rios;
71	67		(2) David "Mike" Boswell;
72	68		(3) Ronald Eric Robbins;
73	69		(4) Grant Walsh Devlin; and
74	70		(5) Demerius "Dee" Seals.
75	71		(b) Temporary directors serve until the earlier of:
76	72		(1) the date permanent directors are elected under
77	73		Section 7948A.0103; or
78	74		(2) September 1, 2025.
79	75		(c) If permanent directors have not been elected under
80	76		Section 7948A.0103 and the terms of the temporary directors have
81	77		expired, successor temporary directors shall be appointed or
82	78		reappointed as provided by Subsection (d) to serve terms that
83	79		expire on the earlier of:
84	80		(1) the date permanent directors are elected under
85	81		Section 7948A.0103; or
86	82		(2) the fourth anniversary of the date of the
87	83		appointment or reappointment.
88	84		(d) If Subsection (c) applies, the owner or owners of a
89	85		majority of the assessed value of the real property in the district
90	86		may submit a petition to the commission requesting that the
91	87		commission appoint as successor temporary directors the five
92	88		persons named in the petition. The commission shall appoint as
93	89		successor temporary directors the five persons named in the
94	90		petition.
95	91		SUBCHAPTER C. POWERS AND DUTIES
96	92		Sec. 7948A.0301. GENERAL POWERS AND DUTIES. The district
97	93		has the powers and duties necessary to accomplish the purposes for
98	94		which the district is created.
99	95		Sec. 7948A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
100	96		DUTIES. The district has the powers and duties provided by the
101	97		general law of this state, including Chapters 49 and 54, Water Code,
102	98		applicable to municipal utility districts created under Section 59,
103	99		Article XVI, Texas Constitution.
104	100		Sec. 7948A.0303. AUTHORITY FOR ROAD PROJECTS. Under
105	101		Section 52, Article III, Texas Constitution, the district may
106	102		design, acquire, construct, finance, issue bonds for, improve,
107	103		operate, maintain, and convey to this state, a county, or a
108	104		municipality for operation and maintenance macadamized, graveled,
109	105		or paved roads, or improvements, including storm drainage, in aid
110	106		of those roads.
111	107		Sec. 7948A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
112	108		road project must meet all applicable construction standards,
113	109		zoning and subdivision requirements, and regulations of each
114	110		municipality in whose corporate limits or extraterritorial
115	111		jurisdiction the road project is located.
116	112		(b) If a road project is not located in the corporate limits
117	113		or extraterritorial jurisdiction of a municipality, the road
118	114		project must meet all applicable construction standards,
119	115		subdivision requirements, and regulations of each county in which
120	116		the road project is located.
121	117		(c) If the state will maintain and operate the road, the
122	118		Texas Transportation Commission must approve the plans and
123	119		specifications of the road project.
124	120		Sec. 7948A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
125	121		ORDINANCE OR RESOLUTION. The district shall comply with all
126	122		applicable requirements of any ordinance or resolution that is
127	123		adopted under Section 54.016 or 54.0165, Water Code, and that
128	124		consents to the creation of the district or to the inclusion of land
129	125		in the district.
130	126		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
131	127		Sec. 7948A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
132	128		The district may issue, without an election, bonds and other
133	129		obligations secured by:
134	130		(1) revenue other than ad valorem taxes; or
135	131		(2) contract payments described by Section
136	132		7948A.0403.
137	133		(b) The district must hold an election in the manner
138	134		provided by Chapters 49 and 54, Water Code, to obtain voter approval
139	135		before the district may impose an ad valorem tax or issue bonds
140	136		payable from ad valorem taxes.
141	137		(c) The district may not issue bonds payable from ad valorem
142	138		taxes to finance a road project unless the issuance is approved by a
143	139		vote of a two-thirds majority of the district voters voting at an
144	140		election held for that purpose.
145	141		Sec. 7948A.0402. OPERATION AND MAINTENANCE TAX. (a) If
146	142		authorized at an election held under Section 7948A.0401, the
147	143		district may impose an operation and maintenance tax on taxable
148	144		property in the district in accordance with Section 49.107, Water
149	145		Code.
150	146		(b) The board shall determine the tax rate. The rate may not
151	147		exceed the rate approved at the election.
152	148		Sec. 7948A.0403. CONTRACT TAXES. (a) In accordance with
153	149		Section 49.108, Water Code, the district may impose a tax other than
154	150		an operation and maintenance tax and use the revenue derived from
155	151		the tax to make payments under a contract after the provisions of
156	152		the contract have been approved by a majority of the district voters
157	153		voting at an election held for that purpose.
158	154		(b) A contract approved by the district voters may contain a
159	155		provision stating that the contract may be modified or amended by
160	156		the board without further voter approval.
161	157		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
162	158		Sec. 7948A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
163	159		OBLIGATIONS. The district may issue bonds or other obligations
164	160		payable wholly or partly from ad valorem taxes, impact fees,
165	161		revenue, contract payments, grants, or other district money, or any
166	162		combination of those sources, to pay for any authorized district
167	163		purpose.
168	164		Sec. 7948A.0502. TAXES FOR BONDS. At the time the district
169	165		issues bonds payable wholly or partly from ad valorem taxes, the
170	166		board shall provide for the annual imposition of a continuing
171	167		direct ad valorem tax, without limit as to rate or amount, while all
172	168		or part of the bonds are outstanding as required and in the manner
173	169		provided by Sections 54.601 and 54.602, Water Code.
174	170		Sec. 7948A.0503. BONDS FOR ROAD PROJECTS. At the time of
175	171		issuance, the total principal amount of bonds or other obligations
176	172		issued or incurred to finance road projects and payable from ad
177	173		valorem taxes may not exceed one-fourth of the assessed value of the
178	174		real property in the district.
179	175		SECTION 2. The Clear Sky Municipal Utility District of
180	176		Denton County initially includes all the territory contained in the
181	177		following area:
182	178		BEING THAT CERTAIN TRACT OF LAND SITUATED IN THE T. CHAMBERS,
183	179		ABSTRACT NUMBER 223, AND BEING A PORTION OF A TRACT OF LAND TO
184	180		AUBREY 64 NORTH LP, A TEXAS LIMITED PARTNERSHIP, RECORDED IN
185	181		INSTRUMENT NUMBER 2020-3173 OF THE OFFICIAL PUBLIC RECORDS OF
186	182		DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY
187	183		METES AND BOUNDS AS FOLLOWS:
188	184		BEGINNING AT THE SOUTHEAST CORNER OF SAID AUBREY 64 NORTH TRACT WITH
189	185		A CURVE TO THE LEFT, AN ARC DISTANCE OF 62.71 FEET, THROUGH A
190	186		CENTRAL ANGLE OF 00° 40' 50", HAVING A RADIUS OF 5,280.00 FEET, AND A
191	187		LONG CHORD WHICH BEARS N 88° 15' 25" W, 62.71 FEET;
192	188		THENCE N 88° 35' 50" W, 3237.22 FEET;
193	189		THENCE N 01° 32' 58" E, 894.59 FEET;
194	190		THENCE S 88° 39' 54" E, 1967.25 FEET;
195	191		THENCE S 01° 48' 01" W, 325.45 FEET;
196	192		THENCE S 87° 02' 21" E, 447.69 FEET;
197	193		THENCE N 89° 38' 44" E, 718.09 FEET;
198	194		THENCE S 85° 43' 18" E, 164.97 FEET;
199	195		THENCE S 01° 38' 33" W, 65.30 FEET;
200	196		THENCE S 01° 13' 27" E, 100.10 FEET;
201	197		THENCE S 01° 38' 33" W, 408.13 FEET TO THE POINT OF BEGINNING AND
202	198		CONTAINING 2,520,613 SQUARE FEET OR 57.865 ACRES OF LAND MORE OR
203	199		LESS.
204	200		SECTION 3. (a) The legal notice of the intention to
205	201		introduce this Act, setting forth the general substance of this
206	202		Act, has been published as provided by law, and the notice and a
207	203		copy of this Act have been furnished to all persons, agencies,
208	204		officials, or entities to which they are required to be furnished
209	205		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
210	206		Government Code.
211	207		(b) The governor, one of the required recipients, has
212	208		submitted the notice and Act to the Texas Commission on
213	209		Environmental Quality.
214	210		(c) The Texas Commission on Environmental Quality has filed
215	211		its recommendations relating to this Act with the governor, the
216	212		lieutenant governor, and the speaker of the house of
217	213		representatives within the required time.
218	214		(d) All requirements of the constitution and laws of this
219	215		state and the rules and procedures of the legislature with respect
220	216		to the notice, introduction, and passage of this Act are fulfilled
221	217		and accomplished.
222	218		SECTION 4. (a) If this Act does not receive a two-thirds
223	219		vote of all the members elected to each house, Subchapter C, Chapter
224	220		7948A, Special District Local Laws Code, as added by Section 1 of
225	221		this Act, is amended by adding Section 7948A.0306 to read as
226	222		follows:
227	223		Sec. 7948A.0306. NO EMINENT DOMAIN POWER. The district may
228	224		not exercise the power of eminent domain.
229	225		(b) This section is not intended to be an expression of a
230	226		legislative interpretation of the requirements of Section 17(c),
231	227		Article I, Texas Constitution.
232	228		SECTION 5. This Act takes effect September 1, 2021.
233		-	* * * * *