Texas 2023 - 88th Regular

Texas Senate Bill SB2579 Compare Versions

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1	1	S.B. No. 2579
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Guadalupe County Municipal Utility
6	6	District No. 8; granting a limited power of eminent domain;
7	7	providing authority to issue bonds; providing authority to impose
8	8	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 7976A to read as follows:
12	12	CHAPTER 7976A. GUADALUPE COUNTY MUNICIPAL UTILITY DISTRICT NO. 8
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 7976A.0101. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "Commission" means the Texas Commission on
17	17	Environmental Quality.
18	18	(3) "Director" means a board member.
19	19	(4) "District" means the Guadalupe County Municipal
20	20	Utility District No. 8.
21	21	Sec. 7976A.0102. NATURE OF DISTRICT. The district is a
22	22	municipal utility district created under Section 59, Article XVI,
23	23	Texas Constitution.
24	24	Sec. 7976A.0103. CONFIRMATION AND DIRECTOR ELECTION
25	25	REQUIRED. The temporary directors shall hold an election to
26	26	confirm the creation of the district and to elect five permanent
27	27	directors as provided by Section 49.102, Water Code.
28	28	Sec. 7976A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section
30	30	7976A.0103 until each municipality in whose corporate limits or
31	31	extraterritorial jurisdiction the district is located has
32	32	consented by ordinance or resolution to the creation of the
33	33	district and to the inclusion of land in the district, as required
34	34	by applicable law.
35	35	Sec. 7976A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	36	(a) The district is created to serve a public purpose and benefit.
37	37	(b) The district is created to accomplish the purposes of:
38	38	(1) a municipal utility district as provided by
39	39	general law and Section 59, Article XVI, Texas Constitution; and
40	40	(2) Section 52, Article III, Texas Constitution, that
41	41	relate to the construction, acquisition, improvement, operation,
42	42	or maintenance of macadamized, graveled, or paved roads, or
43	43	improvements, including storm drainage, in aid of those roads.
44	44	Sec. 7976A.0106. INITIAL DISTRICT TERRITORY. (a) The
45	45	district is initially composed of the territory described by
46	46	Section 2 of the Act enacting this chapter.
47	47	(b) The boundaries and field notes contained in Section 2 of
48	48	the Act enacting this chapter form a closure. A mistake made in the
49	49	field notes or in copying the field notes in the legislative process
50	50	does not affect the district's:
51	51	(1) organization, existence, or validity;
52	52	(2) right to issue any type of bond for the purposes
53	53	for which the district is created or to pay the principal of and
54	54	interest on a bond;
55	55	(3) right to impose a tax; or
56	56	(4) legality or operation.
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 7976A.0201. GOVERNING BODY; TERMS. (a) The district
59	59	is governed by a board of five elected directors.
60	60	(b) Except as provided by Section 7976A.0202, directors
61	61	serve staggered four-year terms.
62	62	Sec. 7976A.0202. TEMPORARY DIRECTORS. (a) On or after the
63	63	effective date of the Act enacting this chapter, the owner or owners
64	64	of a majority of the assessed value of the real property in the
65	65	district may submit a petition to the commission requesting that
66	66	the commission appoint as temporary directors the five persons
67	67	named in the petition. The commission shall appoint as temporary
68	68	directors the five persons named in the petition.
69	69	(b) Temporary directors serve until the earlier of:
70	70	(1) the date permanent directors are elected under
71	71	Section 7976A.0103; or
72	72	(2) the fourth anniversary of the effective date of
73	73	the Act enacting this chapter.
74	74	(c) If permanent directors have not been elected under
75	75	Section 7976A.0103 and the terms of the temporary directors have
76	76	expired, successor temporary directors shall be appointed or
77	77	reappointed as provided by Subsection (d) to serve terms that
78	78	expire on the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 7976A.0103; or
81	81	(2) the fourth anniversary of the date of the
82	82	appointment or reappointment.
83	83	(d) If Subsection (c) applies, the owner or owners of a
84	84	majority of the assessed value of the real property in the district
85	85	may submit a petition to the commission requesting that the
86	86	commission appoint as successor temporary directors the five
87	87	persons named in the petition. The commission shall appoint as
88	88	successor temporary directors the five persons named in the
89	89	petition.
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 7976A.0301. GENERAL POWERS AND DUTIES. The district
92	92	has the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 7976A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 7976A.0303. AUTHORITY FOR ROAD PROJECTS. Under
100	100	Section 52, Article III, Texas Constitution, the district may
101	101	design, acquire, construct, finance, issue bonds for, improve,
102	102	operate, maintain, and convey to this state, a county, or a
103	103	municipality for operation and maintenance macadamized, graveled,
104	104	or paved roads, or improvements, including storm drainage, in aid
105	105	of those roads.
106	106	Sec. 7976A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	107	road project must meet all applicable construction standards,
108	108	zoning and subdivision requirements, and regulations of each
109	109	municipality in whose corporate limits or extraterritorial
110	110	jurisdiction the road project is located.
111	111	(b) If a road project is not located in the corporate limits
112	112	or extraterritorial jurisdiction of a municipality, the road
113	113	project must meet all applicable construction standards,
114	114	subdivision requirements, and regulations of each county in which
115	115	the road project is located.
116	116	(c) If the state will maintain and operate the road, the
117	117	Texas Transportation Commission must approve the plans and
118	118	specifications of the road project.
119	119	Sec. 7976A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120	120	ORDINANCE OR RESOLUTION. The district shall comply with all
121	121	applicable requirements of any ordinance or resolution that is
122	122	adopted under Section 54.016 or 54.0165, Water Code, and that
123	123	consents to the creation of the district or to the inclusion of land
124	124	in the district.
125	125	Sec. 7976A.0306. DIVISION OF DISTRICT. (a) The board, on
126	126	its own motion or on receipt of a petition signed by the owner or
127	127	owners of a majority of the assessed value of the real property in
128	128	the district, may adopt an order dividing the district.
129	129	(b) An order dividing a district may create one or more new
130	130	districts and may provide for the continuation of the district.
131	131	(c) An order dividing the district shall:
132	132	(1) name any new district;
133	133	(2) include the metes and bounds description of the
134	134	territory of each of the districts;
135	135	(3) appoint temporary directors for any new district;
136	136	and
137	137	(4) provide for the division of assets and liabilities
138	138	between the districts.
139	139	(d) The board may adopt an order dividing the district
140	140	before or after the date the board holds an election to confirm the
141	141	district's creation.
142	142	(e) The district may be divided only if the district:
143	143	(1) has never issued any bonds; and
144	144	(2) is not imposing ad valorem taxes.
145	145	(f) A new district created by the division of the district
146	146	may not, at the time the new district is created, contain any land
147	147	outside the area described by Section 2 of the Act enacting this
148	148	chapter.
149	149	(g) On or before the 30th day after the date of adoption of
150	150	an order dividing the district, the district shall file the order
151	151	with the commission and record the order in the real property
152	152	records of each county in which the district is located.
153	153	(h) This chapter applies to any new district created by the
154	154	division of the district, and a new district has all the powers and
155	155	duties of the district.
156	156	(i) A new district created by the division of the district
157	157	shall hold a confirmation and directors' election.
158	158	(j) If the creation of the new district is confirmed, the
159	159	new district shall provide the election date and results to the
160	160	commission.
161	161	(k) A new district created by the division of the district
162	162	must hold an election as required by this chapter to obtain voter
163	163	approval before the district may impose a maintenance tax or issue
164	164	bonds payable wholly or partly from ad valorem taxes.
165	165	(l) The district may continue to rely on confirmation,
166	166	directors', bond, or tax elections held prior to the division.
167	167	(m) Municipal consent to the creation of the district and to
168	168	the inclusion of land in the district acts as municipal consent to
169	169	the creation of any new district created by the division of the
170	170	district and to the inclusion of land in the new district.
171	171	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
172	172	Sec. 7976A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
173	173	The district may issue, without an election, bonds and other
174	174	obligations secured by:
175	175	(1) revenue other than ad valorem taxes; or
176	176	(2) contract payments described by Section
177	177	7976A.0403.
178	178	(b) The district must hold an election in the manner
179	179	provided by Chapters 49 and 54, Water Code, to obtain voter approval
180	180	before the district may impose an ad valorem tax or issue bonds
181	181	payable from ad valorem taxes.
182	182	(c) The district may not issue bonds payable from ad valorem
183	183	taxes to finance a road project unless the issuance is approved by a
184	184	vote of a two-thirds majority of the district voters voting at an
185	185	election held for that purpose.
186	186	Sec. 7976A.0402. OPERATION AND MAINTENANCE TAX. (a) If
187	187	authorized at an election held under Section 7976A.0401, the
188	188	district may impose an operation and maintenance tax on taxable
189	189	property in the district in accordance with Section 49.107, Water
190	190	Code.
191	191	(b) The board shall determine the tax rate. The rate may not
192	192	exceed the rate approved at the election.
193	193	Sec. 7976A.0403. CONTRACT TAXES. (a) In accordance with
194	194	Section 49.108, Water Code, the district may impose a tax other than
195	195	an operation and maintenance tax and use the revenue derived from
196	196	the tax to make payments under a contract after the provisions of
197	197	the contract have been approved by a majority of the district voters
198	198	voting at an election held for that purpose.
199	199	(b) A contract approved by the district voters may contain a
200	200	provision stating that the contract may be modified or amended by
201	201	the board without further voter approval.
202	202	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
203	203	Sec. 7976A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
204	204	OBLIGATIONS. The district may issue bonds or other obligations
205	205	payable wholly or partly from ad valorem taxes, impact fees,
206	206	revenue, contract payments, grants, or other district money, or any
207	207	combination of those sources, to pay for any authorized district
208	208	purpose.
209	209	Sec. 7976A.0502. TAXES FOR BONDS. At the time the district
210	210	issues bonds payable wholly or partly from ad valorem taxes, the
211	211	board shall provide for the annual imposition of a continuing
212	212	direct ad valorem tax, without limit as to rate or amount, while all
213	213	or part of the bonds are outstanding as required and in the manner
214	214	provided by Sections 54.601 and 54.602, Water Code.
215	215	Sec. 7976A.0503. BONDS FOR ROAD PROJECTS. At the time of
216	216	issuance, the total principal amount of bonds or other obligations
217	217	issued or incurred to finance road projects and payable from ad
218	218	valorem taxes may not exceed one-fourth of the assessed value of the
219	219	real property in the district.
220	220	SECTION 2. The Guadalupe County Municipal Utility District
221	221	No. 8 initially includes all the territory contained in the
222	222	following area:
223	223	Being 248.5 acres of land situated in the Josias Randolph
224	224	Survey, Abstract No. 276 and the James Hodges Survey, Abstract
225	225	No. 148, Guadalupe County, Texas; said 248.5 acres being comprised
226	226	of a portion of a called 159.45 acre tract of land in the name of
227	227	NESH 7 Hills, LP as recorded in a General Warranty Deed in Document
228	228	Number 202299019360, Official Public Records of Guadalupe County
229	229	(O.P.R.G.C.) as Exhibit "A", and all of a called 91.04 acre tract of
230	230	land in the name of NESH 7 Hills, LP as recorded in said General
231	231	Warranty Deed as Exhibit "B"; said 248.5 acre tract being more
232	232	particularly described by metes and bounds as follows (all bearings
233	233	are referenced to the Texas Coordinate System, North American Datum
234	234	of 1983 (NAD83), South Central Zone);
235	235	Beginning at the most northerly corner of said 159.45 acre
236	236	tract, being the northwesterly corner of a called 39.86 acre tract
237	237	of land recorded in the name of Robert Kidnew (no deed information
238	238	found), also being on the southerly Right-of-Way (R.O.W.) line of
239	239	Interstate Highway 10 (IH 10);
240	240	Thence, with the common line between said 159.45 acre tract
241	241	and said 39.86 acre tract, South 41 degrees 33 minutes 50 seconds
242	242	East, a distance of 2,224.03 feet to the most easterly corner of
243	243	said 159.45 acre tract, being the most northerly corner of
244	244	aforesaid 91.04 acre tract, the southerly corner of said 39.86 acre
245	245	tract and the most westerly corner of a called 51.89 acre tract
246	246	recorded in the names of Juan and Jose Castillo in Volume 4185, Page
247	247	934, O.P.R.G.C.;
248	248	Thence, with the common line between said 91.04 acre tract
249	249	and said 51.89 acre tract, the following four (4) courses and
250	250	distances:
251	251	1. South 40 degrees 49 minutes 54 seconds East, a distance
252	252	of 716.44 feet;
253	253	2. South 46 degrees 49 minutes 19 seconds West, a distance
254	254	of 22.34 feet;
255	255	3. South 40 degrees 51 minutes 37 seconds East, a distance
256	256	of 869.00 feet;
257	257	4. North 48 degrees 34 minutes 46 seconds East, a distance
258	258	of 246.36 feet to the northeasterly corner of said 91.04 acre tract,
259	259	being on the westerly R.O.W. line of Dart Field Road;
260	260	Thence, with the easterly line of said 91.04 acre tract and
261	261	the westerly R.O.W. line of said Dart Field Road, South 03 degrees
262	262	26 minutes 57 seconds West, a distance of 1,141.98 feet to the
263	263	southeasterly corner of said 91.04 acre tract, being the most
264	264	easterly corner of a called 62.46 acre tract of land recorded in the
265	265	name of Mary Mergele (no deed information found);
266	266	Thence, with the common line between said 91.04 acre tract
267	267	and said 62.46 acre tract, the following three (3) courses and
268	268	distances;
269	269	1. South 60 degrees 28 minutes 33 seconds West, a distance
270	270	of 1,052.86 feet;
271	271	2. North 23 degrees 36 minutes 29 seconds West, a distance
272	272	of 640.11 feet;
273	273	3. South 48 degrees 26 minutes 08 seconds West, a distance
274	274	of 487.65 feet to an interior corner of said 91.04 acre tract, being
275	275	the southeasterly corner of a called 60.00 acre tract of land
276	276	recorded in the name of Richard Mergele in Document Number
277	277	202199016163, O.P.R.G.C.;
278	278	Thence, with the common line between said 91.04 acre tract
279	279	and said 60.00 acre tract, North 40 degrees 54 minutes 12 seconds
280	280	West, a distance of 1,549.99 feet the northwesterly corner of said
281	281	91.04 acre tract, being the most northerly corner of said 60.00 acre
282	282	tract, also being on the southerly line of aforesaid 159.45 acre
283	283	tract;
284	284	Thence, with the common line between said 159.45 acre tract
285	285	and said 60.00 acre tract, South 47 degrees 58 minutes 18 seconds
286	286	West, a distance of 1,692.34 feet to the most southerly corner of
287	287	said 159.45 acre tract, being the westerly corner of said 60.00 acre
288	288	tract, also being on the easterly line of a called 141.59 acre tract
289	289	of land recorded in the name of Abner Ussery in Volume 133, Page
290	290	381, O.P.R.G.C.;
291	291	Thence, with the common line between said 159.45 acre tract
292	292	and said 141.59 acre tract, North 39 degrees 48 minutes 06 seconds
293	293	West, a distance of 1,303.20 feet to the most westerly corner of
294	294	said 159.45 acre tract, being the southwesterly corner of a called
295	295	67.01 acre tract of land recorded in the name of Abner Ussery (no
296	296	deed information found);
297	297	Thence, with the common line between said 159.45 acre tract
298	298	and said 67.01 acre tract, the following two (2) courses and
299	299	distances;
300	300	North 48 degrees 35 minutes 44 seconds East, a distance of
301	301	1,783.49 feet;
302	302	North 40 degrees 37 minutes 01 second West, 1,244.08 feet to
303	303	the southerly line of a called 2.13 acre tract conveyed to Catrina
304	304	Lewis in Warranty Deed recorded in Document Number 201899027872,
305	305	O.P.R.G.C.
306	306	Thence, with the southeasterly line of said 2.13 acre tract
307	307	the following four (4) courses;
308	308	1. North 38 degrees 19 minutes 00 seconds East, a distance
309	309	of 136.58 feet;
310	310	2. North 04 degrees 38 minutes 55 seconds East, a distance
311	311	of 150.74 feet;
312	312	3. North 29 degrees 03 minutes 42 seconds West, a distance
313	313	of 137.41 feet;
314	314	4. North 00 degrees 08 minutes 43 seconds West, a distance
315	315	of 96.17 feet to the northerly line of said 159.45 acre tract and
316	316	the northeasterly corner of said 2.13 acre tract, also being on the
317	317	southerly line of aforesaid IH 10;
318	318	Thence, with the northerly line of said 159.45 acre tract and
319	319	the southerly R.O.W. line of said IH 10, North 72 degrees 09 minutes
320	320	51 seconds East, a distance of 1,548.01 feet to the Point of
321	321	Beginning and containing 248.5 acres of land.
322	322	SECTION 3. (a) The legal notice of the intention to
323	323	introduce this Act, setting forth the general substance of this
324	324	Act, has been published as provided by law, and the notice and a
325	325	copy of this Act have been furnished to all persons, agencies,
326	326	officials, or entities to which they are required to be furnished
327	327	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
328	328	Government Code.
329	329	(b) The governor, one of the required recipients, has
330	330	submitted the notice and Act to the Texas Commission on
331	331	Environmental Quality.
332	332	(c) The Texas Commission on Environmental Quality has filed
333	333	its recommendations relating to this Act with the governor, the
334	334	lieutenant governor, and the speaker of the house of
335	335	representatives within the required time.
336	336	(d) All requirements of the constitution and laws of this
337	337	state and the rules and procedures of the legislature with respect
338	338	to the notice, introduction, and passage of this Act are fulfilled
339	339	and accomplished.
340	340	SECTION 4. (a) If this Act does not receive a two-thirds
341	341	vote of all the members elected to each house, Subchapter C, Chapter
342	342	7976A, Special District Local Laws Code, as added by Section 1 of
343	343	this Act, is amended by adding Section 7976A.0307 to read as
344	344	follows:
345	345	Sec. 7976A.0307. NO EMINENT DOMAIN POWER. The district may
346	346	not exercise the power of eminent domain.
347	347	(b) This section is not intended to be an expression of a
348	348	legislative interpretation of the requirements of Section 17(c),
349	349	Article I, Texas Constitution.
350	350	SECTION 5. This Act takes effect immediately if it receives
351	351	a vote of two-thirds of all the members elected to each house, as
352	352	provided by Section 39, Article III, Texas Constitution. If this
353	353	Act does not receive the vote necessary for immediate effect, this
354	354	Act takes effect September 1, 2023.
355	355	______________________________ ______________________________
356	356	President of the Senate Speaker of the House
357	357	I hereby certify that S.B. No. 2579 passed the Senate on
358	358	May 3, 2023, by the following vote: Yeas 27, Nays 3, one present
359	359	not voting.
360	360	______________________________
361	361	Secretary of the Senate
362	362	I hereby certify that S.B. No. 2579 passed the House on
363	363	May 12, 2023, by the following vote: Yeas 102, Nays 38, two
364	364	present not voting.
365	365	______________________________
366	366	Chief Clerk of the House
367	367	Approved:
368	368	______________________________
369	369	Date
370	370	______________________________
371	371	Governor