Texas 2023 - 88th Regular

Texas House Bill HB5358 Compare Versions

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1	1	H.B. No. 5358
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Ranger Ridge Municipal Utility
6	6	District of Palo Pinto County; granting a limited power of eminent
7	7	domain; providing authority to issue bonds; providing authority to
8	8	impose assessments, fees, and taxes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 7998A to read as follows:
12	12	CHAPTER 7998A. RANGER RIDGE MUNICIPAL UTILITY DISTRICT OF PALO
13	13	PINTO COUNTY
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 7998A.0101. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(3) "Director" means a board member.
20	20	(4) "District" means the Ranger Ridge Municipal
21	21	Utility District of Palo Pinto County.
22	22	Sec. 7998A.0102. NATURE OF DISTRICT. The district is a
23	23	municipal utility district created under Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 7998A.0103. CONFIRMATION AND DIRECTOR ELECTION
26	26	REQUIRED. The temporary directors shall hold an election to
27	27	confirm the creation of the district and to elect five permanent
28	28	directors as provided by Section 49.102, Water Code.
29	29	Sec. 7998A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section
31	31	7998A.0103 until each municipality in whose corporate limits or
32	32	extraterritorial jurisdiction the district is located has
33	33	consented by ordinance or resolution to the creation of the
34	34	district and to the inclusion of land in the district as required by
35	35	applicable law.
36	36	Sec. 7998A.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. 7998A.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. 7998A.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 7998A.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 7998A.0202. TEMPORARY DIRECTORS. (a) The temporary
64	64	board consists of:
65	65	(1) Christopher Sells;
66	66	(2) Mark Gallas;
67	67	(3) Corbitt Burns;
68	68	(4) Daniel Pullin; and
69	69	(5) John Neuman.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 7998A.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 7998A.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 7998A.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. 7998A.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. 7998A.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. 7998A.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. 7998A.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. 7998A.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. 7998A.0306. DIVISION OF DISTRICT. (a) The board, on
127	127	its own motion or on receipt of a petition signed by the owner or
128	128	owners of a majority of the assessed value of the real property in
129	129	the district, may adopt an order dividing the district.
130	130	(b) An order dividing a district may create one or more new
131	131	districts and may provide for the continuation of the district.
132	132	(c) An order dividing the district shall:
133	133	(1) name any new district;
134	134	(2) include the metes and bounds description of the
135	135	territory of each of the districts;
136	136	(3) appoint temporary directors for any new district;
137	137	and
138	138	(4) provide for the division of assets and liabilities
139	139	between the districts.
140	140	(d) The board may adopt an order dividing the district
141	141	before or after the date the board holds an election to confirm the
142	142	district's creation.
143	143	(e) The district may be divided only if the district:
144	144	(1) has never issued any bonds; and
145	145	(2) is not imposing ad valorem taxes.
146	146	(f) A new district created by the division of the district
147	147	may not, at the time the new district is created, contain any land
148	148	outside the area described by Section 2 of the Act enacting this
149	149	chapter.
150	150	(g) On or before the 30th day after the date of adoption of
151	151	an order dividing the district, the district shall file the order
152	152	with the commission and record the order in the real property
153	153	records of each county in which the district is located.
154	154	(h) This chapter applies to any new district created by the
155	155	division of the district, and a new district has all the powers and
156	156	duties of the district.
157	157	(i) A new district created by the division of the district
158	158	shall hold a confirmation and directors' election.
159	159	(j) 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	(k) A 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	(l) The district may continue to rely on confirmation,
167	167	directors', bond, or tax elections held prior to the division.
168	168	(m) Municipal consent to the creation of the district and to
169	169	the inclusion of land in the district acts as municipal consent to
170	170	the creation of any new district created by the division of the
171	171	district and to the inclusion of land in the new district.
172	172	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
173	173	Sec. 7998A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
174	174	The district may issue, without an election, bonds and other
175	175	obligations secured by:
176	176	(1) revenue other than ad valorem taxes; or
177	177	(2) contract payments described by Section
178	178	7998A.0403.
179	179	(b) The district must hold an election in the manner
180	180	provided by Chapters 49 and 54, Water Code, to obtain voter approval
181	181	before the district may impose an ad valorem tax or issue bonds
182	182	payable from ad valorem taxes.
183	183	(c) The district may not issue bonds payable from ad valorem
184	184	taxes to finance a road project unless the issuance is approved by a
185	185	vote of a two-thirds majority of the district voters voting at an
186	186	election held for that purpose.
187	187	Sec. 7998A.0402. OPERATION AND MAINTENANCE TAX. (a) If
188	188	authorized at an election held under Section 7998A.0401, the
189	189	district may impose an operation and maintenance tax on taxable
190	190	property in the district in accordance with Section 49.107, Water
191	191	Code.
192	192	(b) The board shall determine the tax rate. The rate may not
193	193	exceed the rate approved at the election.
194	194	Sec. 7998A.0403. CONTRACT TAXES. (a) In accordance with
195	195	Section 49.108, Water Code, the district may impose a tax other than
196	196	an operation and maintenance tax and use the revenue derived from
197	197	the tax to make payments under a contract after the provisions of
198	198	the contract have been approved by a majority of the district voters
199	199	voting at an election held for that purpose.
200	200	(b) A contract approved by the district voters may contain a
201	201	provision stating that the contract may be modified or amended by
202	202	the board without further voter approval.
203	203	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
204	204	Sec. 7998A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
205	205	OBLIGATIONS. The district may issue bonds or other obligations
206	206	payable wholly or partly from ad valorem taxes, impact fees,
207	207	revenue, contract payments, grants, or other district money, or any
208	208	combination of those sources, to pay for any authorized district
209	209	purpose.
210	210	Sec. 7998A.0502. TAXES FOR BONDS. At the time the district
211	211	issues bonds payable wholly or partly from ad valorem taxes, the
212	212	board shall provide for the annual imposition of a continuing
213	213	direct ad valorem tax, without limit as to rate or amount, while all
214	214	or part of the bonds are outstanding as required and in the manner
215	215	provided by Sections 54.601 and 54.602, Water Code.
216	216	Sec. 7998A.0503. BONDS FOR ROAD PROJECTS. At the time of
217	217	issuance, the total principal amount of bonds or other obligations
218	218	issued or incurred to finance road projects and payable from ad
219	219	valorem taxes may not exceed one-fourth of the assessed value of the
220	220	real property in the district.
221	221	SECTION 2. The Ranger Ridge Municipal Utility District of
222	222	Palo Pinto County initially includes all the territory contained in
223	223	the following area:
224	224	WHEREAS Ranger Ridge, Ltd./Estates at Ranger Ridge, LLC is the
225	225	owner of a tract of land situated in the W. Cochran Survey, Abstract
226	226	No. 129, M. Baker Survey, Abstract No. 51, C. Massie Survey,
227	227	Abstract No. 1499, T. & P. RR Co. Survey, Abstract No. 803, T. & P.
228	228	RR Co. Survey, Abstract No. 825, T. & P. RR Co. Survey, Abstract
229	229	No. 832, T. & P. RR Co. Survey, Abstract No. 835, M. Hutchins
230	230	Survey, Abstract No. 1430, M. Hutchins Survey, Abstract No. 1431,
231	231	J. Hutchins Survey, Abstract No. 1109, J. Hutchins Survey, Abstract
232	232	No. 1110, T. Dickson Survey, Abstract No. 1576, B. Harris Survey,
233	233	Abstract No. 1638, and the G. Cowden Survey, Abstract No. 1463
234	234	according to the deed recorded in Volume 2353, Page 508 of the Deed
235	235	Records, Palo Pinto County, Texas (DRPPCT) with the subject tract
236	236	being more particularly described as follows:
237	237	BEGINNING at a 1/2" iron rod found with plastic cap stamped "Price
238	238	Surveying" in the northeast corner of said Ranger Ridge tract;
239	239	THENCE North 83°16'58" East, 2,287.30 feet to a 3" steel post;
240	240	THENCE North 89°11'08" East, 506.18 feet to a 1/2" iron rod found
241	241	with plastic cap stamped "Price Surveying", being in the west line
242	242	of State Highway 16, a variable width right-of-way;
243	243	THENCE South 22°11'43" West, 1,858.07 feet to a 1/2" iron rod found
244	244	with plastic cap stamped "RPLS 6224";
245	245	THENCE South 23°16'30" West, 1,148.61 feet to a 1/2" iron rod found
246	246	with plastic cap stamped "RPLS 6224";
247	247	THENCE South 21°10'47" West, 2,340.55 feet to a 1/2" iron rod found
248	248	with plastic cap stamped "RPLS 6224";
249	249	Around a non-tangent curve concave easterly, said curve has a
250	250	radius of 5,455.19 feet, a central angle of 14°48'48", an arc length
251	251	of 1,410.39, a chord length of 1,406.47, to which a radial line
252	252	bears North 66°49'57" West to a 1/2" iron rod found with plastic cap
253	253	stamped "RPLS 6224";
254	254	THENCE North 81°05'44" West, 498.57 feet to a 3" steel post;
255	255	THENCE South 86°33'16" West, 638.72 feet to a 3" steel post;
256	256	THENCE North 85°51'29" West, 1,497.49 feet to a 3" steel post;
257	257	THENCE South 84°57'06" West, 2,296.91 feet to a 6" steel post;
258	258	THENCE South 83°56'05" West, 2,681.93 feet to a 3" iron pipe post w/
259	259	brass cap stamped "Texas-Pacific Coal & Oil Co.";
260	260	THENCE North 5°42'14" West, 2,684.13 feet to a 1/2" iron rod found
261	261	with plastic cap stamped "RPLS 6224";
262	262	THENCE South 83°37'28" West, 5,279.76 feet to a 3" iron pipe post w/
263	263	brass cap stamped "Texas-Pacific Coal & Oil Co.";
264	264	THENCE South 5°47'22" East, 455.22 feet to a 3" iron pipe post w/
265	265	brass cap stamped "Texas-Pacific Coal & Oil Co.";
266	266	THENCE South 84°17'07" West, 2,873.41 feet to a 1/2" iron rod found
267	267	with plastic cap stamped "RPLS 6224";
268	268	THENCE North 5°30'31" West, 2,647.31 feet to a 1" iron pipe;
269	269	THENCE North 5°20'11" West, 2,644.23 feet to a 5/8" iron rod with
270	270	broken cap;
271	271	THENCE North 84°27'03" East, 2,868.63 feet to a 5/8" iron rod with
272	272	broken cap;
273	273	THENCE (19) North 5°27'38" West, 480.33 feet to a 3/8" iron rod with
274	274	plastic cap stamped "Carter 5691";
275	275	THENCE North 84°34'58" East, 5,255.53 feet to a 3/8" iron rod with
276	276	plastic cap stamped "Carter 5691";
277	277	THENCE North 84°37'28" East, 2,316.54 feet to a 1/2" iron rod with
278	278	plastic cap stamped "RPLS 6224";
279	279	THENCE North 84°37'28" East, 3,068.08 feet to a 1/2" iron rod with
280	280	plastic cap stamped "RPLS 6224";
281	281	THENCE North 84°37'28" East, 2,453.80 feet to a 1/2" iron rod with
282	282	plastic cap stamped "Price Surveying";
283	283	THENCE South 9°22'42" East, 623.06 feet to a 3" steel post;
284	284	THENCE South 46°49'15" East, 30.40 feet to a 3" steel post;
285	285	THENCE South 32°19'51" East, 39.42 feet to a 3" steel post;
286	286	THENCE South 25°25'41" East, 131.97 feet to a 3" steel post;
287	287	THENCE South 0°01'38" East, 650.88 feet to a 1/2" iron rod with
288	288	plastic cap stamped "RPLS 6224";
289	289	THENCE South 2°36'29" West, 777.23 feet to 3" steel post;
290	290	THENCE South 2°47'04" West, 8.71 feet to the POINT OF BEGINNING,
291	291	being a 1/2" iron rod found with plastic cap stamped "Price
292	292	Surveying" with the subject tract containing 112,422,793.59 square
293	293	feet or 2,580.87 acres of land 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	7998A, Special District Local Laws Code, as added by Section 1 of
315	315	this Act, is amended by adding Section 7998A.0307 to read as
316	316	follows:
317	317	Sec. 7998A.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, 2023.
327	327	______________________________ ______________________________
328	328	President of the Senate Speaker of the House
329	329	I certify that H.B. No. 5358 was passed by the House on May 9,
330	330	2023, by the following vote: Yeas 107, Nays 35, 2 present, not
331	331	voting.
332	332	______________________________
333	333	Chief Clerk of the House
334	334	I certify that H.B. No. 5358 was passed by the Senate on May
335	335	24, 2023, by the following vote: Yeas 29, Nays 2.
336	336	______________________________
337	337	Secretary of the Senate
338	338	APPROVED: _____________________
339	339	Date
340	340	_____________________
341	341	Governor