Texas 2021 - 87th Regular

Texas Senate Bill SB2259 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R26396 ANG-F
1	2		By: Springer S.B. No. 2259
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 No. 1 of Cooke County; granting a limited power of eminent
13	9		domain.
14	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	11		SECTION 1. Subtitle F, Title 6, Special District Local Laws
16	12		Code, is amended by adding Chapter 7954A to read as follows:
17	13		CHAPTER 7954A. CLEAR SKY MUNICIPAL UTILITY DISTRICT NO. 1 OF COOKE
18	14		COUNTY
19	15		SUBCHAPTER A. GENERAL PROVISIONS
20	16		Sec. 7954A.0101. DEFINITIONS. In this chapter:
21	17		(1) "Board" means the district's board of directors.
22	18		(2) "Commission" means the Texas Commission on
23	19		Environmental Quality.
24	20		(3) "Director" means a board member.
25	21		(4) "District" means the Clear Sky Municipal Utility
26	22		District No. 1 of Cooke County.
27	23		Sec. 7954A.0102. NATURE OF DISTRICT. The district is a
28	24		municipal utility district created under Section 59, Article XVI,
29	25		Texas Constitution.
30	26		Sec. 7954A.0103. CONFIRMATION AND DIRECTOR ELECTION
31	27		REQUIRED. The temporary directors shall hold an election to
32	28		confirm the creation of the district and to elect five permanent
33	29		directors as provided by Section 49.102, Water Code.
34	30		Sec. 7954A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
35	31		temporary directors may not hold an election under Section
36	32		7954A.0103 until each municipality in whose corporate limits or
37	33		extraterritorial jurisdiction the district is located has
38	34		consented by ordinance or resolution to the creation of the
39	35		district and to the inclusion of land in the district.
40	36		Sec. 7954A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
41	37		(a) The district is created to serve a public purpose and benefit.
42	38		(b) The district is created to accomplish the purposes of:
43	39		(1) a municipal utility district as provided by
44	40		general law and Section 59, Article XVI, Texas Constitution; and
45	41		(2) Section 52, Article III, Texas Constitution, that
46	42		relate to the construction, acquisition, improvement, operation,
47	43		or maintenance of macadamized, graveled, or paved roads, or
48	44		improvements, including storm drainage, in aid of those roads.
49	45		Sec. 7954A.0106. INITIAL DISTRICT TERRITORY. (a) The
50	46		district is initially composed of the territory described by
51	47		Section 2 of the Act enacting this chapter.
52	48		(b) The boundaries and field notes contained in Section 2 of
53	49		the Act enacting this chapter form a closure. A mistake made in the
54	50		field notes or in copying the field notes in the legislative process
55	51		does not affect the district's:
56	52		(1) organization, existence, or validity;
57	53		(2) right to issue any type of bond for the purposes
58	54		for which the district is created or to pay the principal of and
59	55		interest on a bond;
60	56		(3) right to impose a tax; or
61	57		(4) legality or operation.
62	58		SUBCHAPTER B. BOARD OF DIRECTORS
63	59		Sec. 7954A.0201. GOVERNING BODY; TERMS. (a) The district
64	60		is governed by a board of five elected directors.
65	61		(b) Except as provided by Section 7954A.0202, directors
66	62		serve staggered four-year terms.
67	63		Sec. 7954A.0202. TEMPORARY DIRECTORS. (a) On or after
68	64		September 1, 2021, the owner or owners of a majority of the assessed
69	65		value of the real property in the district may submit a petition to
70	66		the commission requesting that the commission appoint as temporary
71	67		directors the five persons named in the petition. The commission
72	68		shall appoint as temporary directors the five persons named in the
73	69		petition.
74	70		(b) Temporary directors serve until the earlier of:
75	71		(1) the date permanent directors are elected under
76	72		Section 7954A.0103; or
77	73		(2) September 1, 2025.
78	74		(c) If permanent directors have not been elected under
79	75		Section 7954A.0103 and the terms of the temporary directors have
80	76		expired, successor temporary directors shall be appointed or
81	77		reappointed as provided by Subsection (d) to serve terms that
82	78		expire on the earlier of:
83	79		(1) the date permanent directors are elected under
84	80		Section 7954A.0103; or
85	81		(2) the fourth anniversary of the date of the
86	82		appointment or reappointment.
87	83		(d) If Subsection (c) applies, the owner or owners of a
88	84		majority of the assessed value of the real property in the district
89	85		may submit a petition to the commission requesting that the
90	86		commission appoint as successor temporary directors the five
91	87		persons named in the petition. The commission shall appoint as
92	88		successor temporary directors the five persons named in the
93	89		petition.
94	90		SUBCHAPTER C. POWERS AND DUTIES
95	91		Sec. 7954A.0301. GENERAL POWERS AND DUTIES. The district
96	92		has the powers and duties necessary to accomplish the purposes for
97	93		which the district is created.
98	94		Sec. 7954A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
99	95		DUTIES. The district has the powers and duties provided by the
100	96		general law of this state, including Chapters 49 and 54, Water Code,
101	97		applicable to municipal utility districts created under Section 59,
102	98		Article XVI, Texas Constitution.
103	99		Sec. 7954A.0303. AUTHORITY FOR ROAD PROJECTS. Under
104	100		Section 52, Article III, Texas Constitution, the district may
105	101		design, acquire, construct, finance, issue bonds for, improve,
106	102		operate, maintain, and convey to this state, a county, or a
107	103		municipality for operation and maintenance macadamized, graveled,
108	104		or paved roads, or improvements, including storm drainage, in aid
109	105		of those roads.
110	106		Sec. 7954A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
111	107		road project must meet all applicable construction standards,
112	108		zoning and subdivision requirements, and regulations of each
113	109		municipality in whose corporate limits or extraterritorial
114	110		jurisdiction the road project is located.
115	111		(b) If a road project is not located in the corporate limits
116	112		or extraterritorial jurisdiction of a municipality, the road
117	113		project must meet all applicable construction standards,
118	114		subdivision requirements, and regulations of each county in which
119	115		the road project is located.
120	116		(c) If the state will maintain and operate the road, the
121	117		Texas Transportation Commission must approve the plans and
122	118		specifications of the road project.
123	119		Sec. 7954A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
124	120		ORDINANCE OR RESOLUTION. The district shall comply with all
125	121		applicable requirements of any ordinance or resolution that is
126	122		adopted under Section 54.016 or 54.0165, Water Code, and that
127	123		consents to the creation of the district or to the inclusion of land
128	124		in the district.
129	125		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
130	126		Sec. 7954A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
131	127		The district may issue, without an election, bonds and other
132	128		obligations secured by:
133	129		(1) revenue other than ad valorem taxes; or
134	130		(2) contract payments described by Section
135	131		7954A.0403.
136	132		(b) The district must hold an election in the manner
137	133		provided by Chapters 49 and 54, Water Code, to obtain voter approval
138	134		before the district may impose an ad valorem tax or issue bonds
139	135		payable from ad valorem taxes.
140	136		(c) The district may not issue bonds payable from ad valorem
141	137		taxes to finance a road project unless the issuance is approved by a
142	138		vote of a two-thirds majority of the district voters voting at an
143	139		election held for that purpose.
144	140		Sec. 7954A.0402. OPERATION AND MAINTENANCE TAX. (a) If
145	141		authorized at an election held under Section 7954A.0401, the
146	142		district may impose an operation and maintenance tax on taxable
147	143		property in the district in accordance with Section 49.107, Water
148	144		Code.
149	145		(b) The board shall determine the tax rate. The rate may not
150	146		exceed the rate approved at the election.
151	147		Sec. 7954A.0403. CONTRACT TAXES. (a) In accordance with
152	148		Section 49.108, Water Code, the district may impose a tax other than
153	149		an operation and maintenance tax and use the revenue derived from
154	150		the tax to make payments under a contract after the provisions of
155	151		the contract have been approved by a majority of the district voters
156	152		voting at an election held for that purpose.
157	153		(b) A contract approved by the district voters may contain a
158	154		provision stating that the contract may be modified or amended by
159	155		the board without further voter approval.
160	156		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
161	157		Sec. 7954A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
162	158		OBLIGATIONS. The district may issue bonds or other obligations
163	159		payable wholly or partly from ad valorem taxes, impact fees,
164	160		revenue, contract payments, grants, or other district money, or any
165	161		combination of those sources, to pay for any authorized district
166	162		purpose.
167	163		Sec. 7954A.0502. TAXES FOR BONDS. At the time the district
168	164		issues bonds payable wholly or partly from ad valorem taxes, the
169	165		board shall provide for the annual imposition of a continuing
170	166		direct ad valorem tax, without limit as to rate or amount, while all
171	167		or part of the bonds are outstanding as required and in the manner
172	168		provided by Sections 54.601 and 54.602, Water Code.
173	169		Sec. 7954A.0503. BONDS FOR ROAD PROJECTS. At the time of
174	170		issuance, the total principal amount of bonds or other obligations
175	171		issued or incurred to finance road projects and payable from ad
176	172		valorem taxes may not exceed one-fourth of the assessed value of the
177	173		real property in the district.
178	174		SECTION 2. The Clear Sky Municipal Utility District No. 1 of
179	175		Cooke County initially includes all the territory contained in the
180	176		following area:
181	177		TRACT ONE
182	178		FIELD NOTES TO 179.94 ACRES IN THE JOHN ADDA SURVEY ABSTRACT 1177,
183	179		ET AL, COOKE COUNTY, TEXAS
184	180		All that certain tract or parcel of land situated in the John Adda
185	181		Survey Abstract 1177 and the E. Bradley Survey Abstract 34, Cooke
186	182		County, Texas, being part of a 293.56 acre tract conveyed by Rose
187	183		Marie Strickland, Trustee to Earl L. Bengtston by deed recorded in
188	184		Volume 1022, page 263, of the Cooke County Official Public Records,
189	185		and being more particularly described as follows:
190	186		BEGINNING at a found steel pin at the Northeast corner of said
191	187		Bengtston tract, common to the Southeast corner of a tract conveyed
192	188		to Alvrone Sater by deed recorded in Volume 734, page 275 of the
193	189		Cooke County Deed Records, in County Road 200, on the West line of a
194	190		tract conveyed to John Porter Farms, Inc. by deed recorded in Volume
195	191		626, page 123 of said Deed Records, said beginning corner further
196	192		being South 00 degrees 11 minutes 30 seconds East, a distance of
197	193		1219.85 feet from the Southwest corner of the J. R. Davis Survey
198	194		Abstract 334 in Cooke County.
199	195		THENCE South 00 degrees 11 minutes 30 seconds East, in said County
200	196		Road 200, crossing the South line of said Adda Survey, common to the
201	197		North line of said Bradley Survey, continuing a total of 2824.05
202	198		feet to a found steel pin at the Easternmost Southeast corner of
203	199		said John Porter Farms tract, on the North line of a tract conveyed
204	200		to Alvrone Sater, Trustee, by deed recorded in Volume 734, page 271
205	201		of said Deed Records, at a turn in said County Road 200, on the South
206	202		line of Cooke County, common to the North line of Denton County as
207	203		described in said Bengtston deed;
208	204		THENCE North 89 degrees 51 minutes 52 seconds West, with said North
209	205		line of said Sater tract, a distance of 40.68 feet to a found steel
210	206		pin;
211	207		THENCE South 89 degrees 45 minutes 12 seconds West, a distance of
212	208		3012.78 feet to a found steel pin at the Southernmost Southeast
213	209		corner of a tract conveyed to Troy P. Miller, Jr. by deed recorded
214	210		in Volume 805, page 156 of said Deed Records;
215	211		THENCE with an old fence line the following courses and distances:
216	212		North 07 degrees 55 minutes 34 seconds East, crossing the
217	213		line common to said Adda and Bradley Surveys, a distance of 745.34
218	214		feet to a found steel pin,
219	215		North 19 degrees 20 minutes 59 seconds East, a distance of
220	216		105.60 feet to a found steel pin,
221	217		North 10 degrees 07 minutes 43 seconds East, a distance of
222	218		796.69 feet to a found steel pin,
223	219		North 72 degrees 35 minutes 49 seconds East, a distance of
224	220		201.96 feet to a found steel pin;
225	221		THENCE North 00 degrees 20 minutes 42 seconds East, along or near a
226	222		fence, a distance of 1157.87 feet to a found steel pin at the
227	223		Southwest corner of said Sater tract;
228	224		THENCE South 89 degrees 55 minutes 19 seconds East, along or near a
229	225		fence, passing a found steel pin at a fence corner on the West line
230	226		of said County Road 200, continuing a total of 2566.42 feet to the
231	227		point of beginning containing 179.94 acres of land.
232	228		SECTION 3. (a) The legal notice of the intention to
233	229		introduce this Act, setting forth the general substance of this
234	230		Act, has been published as provided by law, and the notice and a
235	231		copy of this Act have been furnished to all persons, agencies,
236	232		officials, or entities to which they are required to be furnished
237	233		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
238	234		Government Code.
239	235		(b) The governor, one of the required recipients, has
240	236		submitted the notice and Act to the Texas Commission on
241	237		Environmental Quality.
242	238		(c) The Texas Commission on Environmental Quality has filed
243	239		its recommendations relating to this Act with the governor, the
244	240		lieutenant governor, and the speaker of the house of
245	241		representatives within the required time.
246	242		(d) All requirements of the constitution and laws of this
247	243		state and the rules and procedures of the legislature with respect
248	244		to the notice, introduction, and passage of this Act are fulfilled
249	245		and accomplished.
250	246		SECTION 4. (a) If this Act does not receive a two-thirds
251	247		vote of all the members elected to each house, Subchapter C, Chapter
252	248		7954A, Special District Local Laws Code, as added by Section 1 of
253	249		this Act, is amended by adding Section 7954A.0306 to read as
254	250		follows:
255	251		Sec. 7954A.0306. NO EMINENT DOMAIN POWER. The district may
256	252		not exercise the power of eminent domain.
257	253		(b) This section is not intended to be an expression of a
258	254		legislative interpretation of the requirements of Section 17(c),
259	255		Article I, Texas Constitution.
260	256		SECTION 5. This Act takes effect September 1, 2021.
261		-	* * * * *