Texas 2025 - 89th Regular

Texas House Bill HB5688 Compare Versions

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

Old	New	Differences
1	1	89R24591 SCR-F
2	2	By: Lopez of Cameron H.B. No. 5688
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the San Benito Municipal Utility
10	10	District No. 1; granting a limited power of eminent domain;
11	11	providing authority to issue bonds; providing authority to impose
12	12	assessments, fees, and taxes.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subtitle F, Title 6, Special District Local Laws
15	15	Code, is amended by adding Chapter 8028A to read as follows:
16	16	CHAPTER 8028A. SAN BENITO MUNICIPAL UTILITY DISTRICT NO. 1
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 8028A.0101. DEFINITIONS. In this chapter:
19	19	(1) "Board" means the district's board of directors.
20	20	(2) "Commission" means the Texas Commission on
21	21	Environmental Quality.
22	22	(3) "Director" means a board member.
23	23	(4) "District" means the San Benito Municipal Utility
24	24	District No. 1.
25	25	Sec. 8028A.0102. NATURE OF DISTRICT. The district is a
26	26	municipal utility district created under Section 59, Article XVI,
27	27	Texas Constitution.
28	28	Sec. 8028A.0103. CONFIRMATION AND DIRECTOR ELECTION
29	29	REQUIRED. The temporary directors shall hold an election to
30	30	confirm the creation of the district and to elect three permanent
31	31	directors as provided by Section 49.102, Water Code.
32	32	Sec. 8028A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
33	33	temporary directors may not hold an election under Section
34	34	8028A.0103 until 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 as required by
38	38	applicable law.
39	39	Sec. 8028A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
40	40	(a) The district is created to serve a public purpose and benefit.
41	41	(b) The district is created to accomplish the purposes of:
42	42	(1) a municipal utility district as provided by
43	43	general law and Section 59, Article XVI, Texas Constitution; and
44	44	(2) Section 52, Article III, Texas Constitution, that
45	45	relate to the construction, acquisition, improvement, operation,
46	46	or maintenance of macadamized, graveled, or paved roads, or
47	47	improvements, including storm drainage, in aid of those roads.
48	48	Sec. 8028A.0106. INITIAL DISTRICT TERRITORY. (a) The
49	49	district is initially composed of the territory described by
50	50	Section 2 of the Act enacting this chapter.
51	51	(b) The boundaries and field notes contained in Section 2 of
52	52	the Act enacting this chapter form a closure. A mistake made in the
53	53	field notes or in copying the field notes in the legislative process
54	54	does not affect the district's:
55	55	(1) organization, existence, or validity;
56	56	(2) right to issue any type of bond for the purposes
57	57	for which the district is created or to pay the principal of and
58	58	interest on a bond;
59	59	(3) right to impose a tax; or
60	60	(4) legality or operation.
61	61	SUBCHAPTER B. BOARD OF DIRECTORS
62	62	Sec. 8028A.0201. GOVERNING BODY; TERMS. (a) The district
63	63	is governed by a board of three elected directors.
64	64	(b) Except as provided by Section 8028A.0202, directors
65	65	serve staggered four-year terms.
66	66	Sec. 8028A.0202. TEMPORARY DIRECTORS. (a) The temporary
67	67	board consists of:
68	68	(1) Alma Gabriela Quiroga;
69	69	(2) Mario A. Palomo; and
70	70	(3) Joel Quiroga.
71	71	(b) Temporary directors serve until the earlier of:
72	72	(1) the date permanent directors are elected under
73	73	Section 8028A.0103; or
74	74	(2) the fourth anniversary of the effective date of
75	75	the Act enacting this chapter.
76	76	(c) If permanent directors have not been elected under
77	77	Section 8028A.0103 and the terms of the temporary directors have
78	78	expired, successor temporary directors shall be appointed or
79	79	reappointed as provided by Subsection (d) to serve terms that
80	80	expire on the earlier of:
81	81	(1) the date permanent directors are elected under
82	82	Section 8028A.0103; or
83	83	(2) the fourth anniversary of the date of the
84	84	appointment or reappointment.
85	85	(d) If Subsection (c) applies, the owner or owners of a
86	86	majority of the assessed value of the real property in the district
87	87	may submit a petition to the commission requesting that the
88	88	commission appoint as successor temporary directors the five
89	89	persons named in the petition. The commission shall appoint as
90	90	successor temporary directors the five persons named in the
91	91	petition.
92	92	SUBCHAPTER C. POWERS AND DUTIES
93	93	Sec. 8028A.0301. GENERAL POWERS AND DUTIES. The district
94	94	has the powers and duties necessary to accomplish the purposes for
95	95	which the district is created.
96	96	Sec. 8028A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
97	97	DUTIES. The district has the powers and duties provided by the
98	98	general law of this state, including Chapters 49 and 54, Water Code,
99	99	applicable to municipal utility districts created under Section 59,
100	100	Article XVI, Texas Constitution.
101	101	Sec. 8028A.0303. AUTHORITY FOR ROAD PROJECTS. Under
102	102	Section 52, Article III, Texas Constitution, the district may
103	103	design, acquire, construct, finance, issue bonds for, improve,
104	104	operate, maintain, and convey to this state, a county, or a
105	105	municipality for operation and maintenance macadamized, graveled,
106	106	or paved roads, or improvements, including storm drainage, in aid
107	107	of those roads.
108	108	Sec. 8028A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
109	109	road project must meet all applicable construction standards,
110	110	zoning and subdivision requirements, and regulations of each
111	111	municipality in whose corporate limits or extraterritorial
112	112	jurisdiction the road project is located.
113	113	(b) If a road project is not located in the corporate limits
114	114	or extraterritorial jurisdiction of a municipality, the road
115	115	project must meet all applicable construction standards,
116	116	subdivision requirements, and regulations of each county in which
117	117	the road project is located.
118	118	(c) If the state will maintain and operate the road, the
119	119	Texas Transportation Commission must approve the plans and
120	120	specifications of the road project.
121	121	Sec. 8028A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
122	122	ORDINANCE OR RESOLUTION. The district shall comply with all
123	123	applicable requirements of any ordinance or resolution that is
124	124	adopted under Section 54.016 or 54.0165, Water Code, and that
125	125	consents to the creation of the district or to the inclusion of land
126	126	in the district.
127	127	Sec. 8028A.0306. DIVISION OF DISTRICT. This chapter
128	128	applies to any new district created by the division of the district
129	129	under Section 49.316, Water Code, and a new district has all the
130	130	powers and duties of the district.
131	131	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
132	132	Sec. 8028A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
133	133	The district may issue, without an election, bonds and other
134	134	obligations secured by:
135	135	(1) revenue other than ad valorem taxes; or
136	136	(2) contract payments described by Section
137	137	8028A.0403.
138	138	(b) The district must hold an election in the manner
139	139	provided by Chapters 49 and 54, Water Code, to obtain voter approval
140	140	before the district may impose an ad valorem tax or issue bonds
141	141	payable from ad valorem taxes.
142	142	(c) The district may not issue bonds payable from ad valorem
143	143	taxes to finance a road project unless the issuance is approved by a
144	144	vote of a two-thirds majority of the district voters voting at an
145	145	election held for that purpose.
146	146	Sec. 8028A.0402. OPERATION AND MAINTENANCE TAX. (a) If
147	147	authorized at an election held under Section 8028A.0401, the
148	148	district may impose an operation and maintenance tax on taxable
149	149	property in the district in accordance with Section 49.107, Water
150	150	Code.
151	151	(b) The board shall determine the tax rate. The rate may not
152	152	exceed the rate approved at the election.
153	153	Sec. 8028A.0403. CONTRACT TAXES. (a) In accordance with
154	154	Section 49.108, Water Code, the district may impose a tax other than
155	155	an operation and maintenance tax and use the revenue derived from
156	156	the tax to make payments under a contract after the provisions of
157	157	the contract have been approved by a majority of the district voters
158	158	voting at an election held for that purpose.
159	159	(b) A contract approved by the district voters may contain a
160	160	provision stating that the contract may be modified or amended by
161	161	the board without further voter approval.
162	162	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
163	163	Sec. 8028A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
164	164	OBLIGATIONS. The district may issue bonds or other obligations
165	165	payable wholly or partly from ad valorem taxes, impact fees,
166	166	revenue, contract payments, grants, or other district money, or any
167	167	combination of those sources, to pay for any authorized district
168	168	purpose.
169	169	Sec. 8028A.0502. TAXES FOR BONDS. At the time the district
170	170	issues bonds payable wholly or partly from ad valorem taxes, the
171	171	board shall provide for the annual imposition of a continuing
172	172	direct ad valorem tax, without limit as to rate or amount, while all
173	173	or part of the bonds are outstanding as required and in the manner
174	174	provided by Sections 54.601 and 54.602, Water Code.
175	175	Sec. 8028A.0503. BONDS FOR ROAD PROJECTS. At the time of
176	176	issuance, the total principal amount of bonds or other obligations
177	177	issued or incurred to finance road projects and payable from ad
178	178	valorem taxes may not exceed one-fourth of the assessed value of the
179	179	real property in the district.
180	180	SECTION 2. The San Benito Municipal Utility District No. 1
181	181	initially includes all the territory contained in the following
182	182	area:
183	183	Being 228.77 acres of land, more or less, comprised of:
184	184	Tract 1: 44.43 acres of land comprised of 38.68 acres
185	185	recorded as a 41.544-acre tract, out of an 87.34-acre tract of land
186	186	recorded in Volume 136, Page 840, Deed Records of Cameron County,
187	187	Texas, inclusive of 6.34 acres (10.52 acres - deed) of land within
188	188	the old riverbed and a 5.75-acre tract accreted from the Rio Grande
189	189	River, save and except a 3.00-acre tract of land recorded in Volume
190	190	2527, Page 53, Official Records, Cameron County, Texas; for a total
191	191	of 41.43 acres for Tract 1.
192	192	Tract 2: 199.38 acres of land out of a 242.538-acre tract
193	193	conveyed to Alan Johnson and wife Elizabeth Johnson, recorded in
194	194	Volume 9731, Page 143, Official Records, Cameron County, Texas,
195	195	save and except the following tracts:
196	196	3.04-acre tract (3.00 acres - deed) described as Tract I,
197	197	recorded in Volume 2437, Page 239, Official Records;
198	198	3.00-acre tract described as Tract II, recorded in Volume
199	199	2437, Page 239, Official Records;
200	200	3.00-acre tract described as Tract III, recorded in Volume
201	201	2437, Page 239, Official Records;
202	202	3.00-acre tract described as Tract III, recorded in Volume
203	203	2527, Page 53, Official Records, Cameron County, Texas. For a total
204	204	of 228.77 acres of land, more or less.
205	205	SECTION 3. (a) The legal notice of the intention to
206	206	introduce this Act, setting forth the general substance of this
207	207	Act, has been published as provided by law, and the notice and a
208	208	copy of this Act have been furnished to all persons, agencies,
209	209	officials, or entities to which they are required to be furnished
210	210	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
211	211	Government Code.
212	212	(b) The governor, one of the required recipients, has
213	213	submitted the notice and Act to the Texas Commission on
214	214	Environmental Quality.
215	215	(c) The Texas Commission on Environmental Quality has filed
216	216	its recommendations relating to this Act with the governor, the
217	217	lieutenant governor, and the speaker of the house of
218	218	representatives within the required time.
219	219	(d) All requirements of the constitution and laws of this
220	220	state and the rules and procedures of the legislature with respect
221	221	to the notice, introduction, and passage of this Act are fulfilled
222	222	and accomplished.
223	223	SECTION 4. (a) If this Act does not receive a two-thirds
224	224	vote of all the members elected to each house, Subchapter C, Chapter
225	225	8028A, Special District Local Laws Code, as added by Section 1 of
226	226	this Act, is amended by adding Section 8028A.0307 to read as
227	227	follows:
228	228	Sec. 8028A.0307. NO EMINENT DOMAIN POWER. The district may
229	229	not exercise the power of eminent domain.
230	230	(b) This section is not intended to be an expression of a
231	231	legislative interpretation of the requirements of Section 17(c),
232	232	Article I, Texas Constitution.
233	233	SECTION 5. This Act takes effect immediately if it receives
234	234	a vote of two-thirds of all the members elected to each house, as
235	235	provided by Section 39, Article III, Texas Constitution. If this
236	236	Act does not receive the vote necessary for immediate effect, this
237	237	Act takes effect September 1, 2025.