Texas 2025 - 89th Regular

Texas Senate Bill SB3051 Compare Versions

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11 89R16977 JBD-F
22 By: Paxton S.B. No. 3051
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to the creation of the Grassland Municipal Utility
1010 District No. 1 of Collin County; granting a limited power of eminent
1111 domain; providing authority to issue bonds; providing authority to
1212 impose assessments, fees, and taxes.
1313 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1414 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1515 Code, is amended by adding Chapter 8021A to read as follows:
1616 CHAPTER 8021A. GRASSLAND MUNICIPAL UTILITY DISTRICT NO. 1 OF
1717 COLLIN COUNTY
1818 SUBCHAPTER A. GENERAL PROVISIONS
1919 Sec. 8021A.0101. DEFINITIONS. In this chapter:
2020 (1) "Board" means the district's board of directors.
2121 (2) "Commission" means the Texas Commission on
2222 Environmental Quality.
2323 (3) "Director" means a board member.
2424 (4) "District" means the Grassland Municipal Utility
2525 District No. 1 of Collin County.
2626 Sec. 8021A.0102. NATURE OF DISTRICT. The district is a
2727 municipal utility district created under Section 59, Article XVI,
2828 Texas Constitution.
2929 Sec. 8021A.0103. CONFIRMATION AND DIRECTOR ELECTION
3030 REQUIRED. The temporary directors shall hold an election to
3131 confirm the creation of the district and to elect five permanent
3232 directors as provided by Section 49.102, Water Code.
3333 Sec. 8021A.0104. CONDITIONS PRECEDENT TO CONFIRMATION
3434 ELECTION. (a) The temporary directors may not hold an election
3535 under Section 8021A.0103 until:
3636 (1) each municipality in whose corporate limits or
3737 extraterritorial jurisdiction the district is located has
3838 consented by ordinance or resolution to the creation of the
3939 district and to the inclusion of land in the district; and
4040 (2) the district has entered into a contract with a
4141 municipality, Collin County, or another entity:
4242 (A) for adequate supplemental police, fire,
4343 emergency, and animal control services for the district; and
4444 (B) that is approved by the Commissioners Court
4545 of Collin County under Subsection (c).
4646 (b) A contract under Subsection (a) may include a provision
4747 that the contract takes effect only on the approval of the
4848 Commissioners Court of Collin County and the voters in the district
4949 voting in an election held for that purpose.
5050 (c) The Commissioners Court of Collin County shall review a
5151 contract under Subsection (a) and evaluate the supplemental police,
5252 fire, emergency, and animal control services provided in the
5353 contract. If the commissioners court determines that the contract
5454 provides adequate services, the commissioners court shall adopt a
5555 resolution stating that the contract has met the requirements of
5656 Subsection (a).
5757 Sec. 8021A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
5858 (a) The district is created to serve a public purpose and benefit.
5959 (b) The district is created to accomplish the purposes of:
6060 (1) a municipal utility district as provided by
6161 general law and Section 59, Article XVI, Texas Constitution; and
6262 (2) Section 52, Article III, Texas Constitution, that
6363 relate to the construction, acquisition, improvement, operation,
6464 or maintenance of macadamized, graveled, or paved roads, or
6565 improvements, including storm drainage, in aid of those roads.
6666 Sec. 8021A.0106. INITIAL DISTRICT TERRITORY. (a) The
6767 district is initially composed of the territory described by
6868 Section 2 of the Act enacting this chapter.
6969 (b) The boundaries and field notes contained in Section 2 of
7070 the Act enacting this chapter form a closure. A mistake made in the
7171 field notes or in copying the field notes in the legislative process
7272 does not affect the district's:
7373 (1) organization, existence, or validity;
7474 (2) right to issue any type of bond for the purposes
7575 for which the district is created or to pay the principal of and
7676 interest on a bond;
7777 (3) right to impose a tax; or
7878 (4) legality or operation.
7979 SUBCHAPTER B. BOARD OF DIRECTORS
8080 Sec. 8021A.0201. GOVERNING BODY; TERMS. (a) The district
8181 is governed by a board of five elected directors.
8282 (b) Except as provided by Section 8021A.0202, directors
8383 serve staggered four-year terms.
8484 Sec. 8021A.0202. TEMPORARY DIRECTORS. (a) On or after the
8585 effective date of the Act enacting this chapter, the owner or owners
8686 of a majority of the assessed value of the real property in the
8787 district may submit a petition to the commission requesting that
8888 the commission appoint as temporary directors the five persons
8989 named in the petition. The commission shall appoint as temporary
9090 directors the five persons named in the petition.
9191 (b) Temporary directors serve until the earlier of:
9292 (1) the date permanent directors are elected under
9393 Section 8021A.0103; or
9494 (2) the fourth anniversary of the effective date of
9595 the Act enacting this chapter.
9696 (c) If permanent directors have not been elected under
9797 Section 8021A.0103 and the terms of the temporary directors have
9898 expired, successor temporary directors shall be appointed or
9999 reappointed as provided by Subsection (d) to serve terms that
100100 expire on the earlier of:
101101 (1) the date permanent directors are elected under
102102 Section 8021A.0103; or
103103 (2) the fourth anniversary of the date of the
104104 appointment or reappointment.
105105 (d) If Subsection (c) applies, the owner or owners of a
106106 majority of the assessed value of the real property in the district
107107 may submit a petition to the commission requesting that the
108108 commission appoint as successor temporary directors the five
109109 persons named in the petition. The commission shall appoint as
110110 successor temporary directors the five persons named in the
111111 petition.
112112 SUBCHAPTER C. POWERS AND DUTIES
113113 Sec. 8021A.0301. GENERAL POWERS AND DUTIES. The district
114114 has the powers and duties necessary to accomplish the purposes for
115115 which the district is created.
116116 Sec. 8021A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
117117 DUTIES. The district has the powers and duties provided by the
118118 general law of this state, including Chapters 49 and 54, Water Code,
119119 applicable to municipal utility districts created under Section 59,
120120 Article XVI, Texas Constitution.
121121 Sec. 8021A.0303. AUTHORITY FOR ROAD PROJECTS. Under
122122 Section 52, Article III, Texas Constitution, the district may
123123 design, acquire, construct, finance, issue bonds for, improve,
124124 operate, maintain, and convey to this state, a county, or a
125125 municipality for operation and maintenance macadamized, graveled,
126126 or paved roads, or improvements, including storm drainage, in aid
127127 of those roads.
128128 Sec. 8021A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
129129 road project must meet all applicable construction standards,
130130 zoning and subdivision requirements, and regulations of each
131131 municipality in whose corporate limits or extraterritorial
132132 jurisdiction the road project is located.
133133 (b) If a road project is not located in the corporate limits
134134 or extraterritorial jurisdiction of a municipality, the road
135135 project must meet all applicable construction standards,
136136 subdivision requirements, and regulations of each county in which
137137 the road project is located.
138138 (c) If the state will maintain and operate the road, the
139139 Texas Transportation Commission must approve the plans and
140140 specifications of the road project.
141141 Sec. 8021A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
142142 ORDINANCE OR RESOLUTION. The district shall comply with all
143143 applicable requirements of any ordinance or resolution that is
144144 adopted under Section 54.016 or 54.0165, Water Code, and that
145145 consents to the creation of the district or to the inclusion of land
146146 in the district.
147147 Sec. 8021A.0306. DIVISION OF DISTRICT. This chapter
148148 applies to any new district created by the division of the district
149149 under Section 49.316, Water Code, and a new district has all the
150150 powers and duties of the district.
151151 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
152152 Sec. 8021A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
153153 The district may issue, without an election, bonds and other
154154 obligations secured by:
155155 (1) revenue other than ad valorem taxes; or
156156 (2) contract payments described by Section
157157 8021A.0403.
158158 (b) The district must hold an election in the manner
159159 provided by Chapters 49 and 54, Water Code, to obtain voter approval
160160 before the district may impose an ad valorem tax or issue bonds
161161 payable from ad valorem taxes.
162162 (c) The district may not issue bonds payable from ad valorem
163163 taxes to finance a road project unless the issuance is approved by a
164164 vote of a two-thirds majority of the district voters voting at an
165165 election held for that purpose.
166166 Sec. 8021A.0402. OPERATION AND MAINTENANCE TAX. (a) If
167167 authorized at an election held under Section 8021A.0401, the
168168 district may impose an operation and maintenance tax on taxable
169169 property in the district in accordance with Section 49.107, Water
170170 Code.
171171 (b) The board shall determine the tax rate. The rate may not
172172 exceed the rate approved at the election.
173173 Sec. 8021A.0403. CONTRACT TAXES. (a) In accordance with
174174 Section 49.108, Water Code, the district may impose a tax other than
175175 an operation and maintenance tax and use the revenue derived from
176176 the tax to make payments under a contract after the provisions of
177177 the contract have been approved by a majority of the district voters
178178 voting at an election held for that purpose.
179179 (b) A contract approved by the district voters may contain a
180180 provision stating that the contract may be modified or amended by
181181 the board without further voter approval.
182182 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
183183 Sec. 8021A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
184184 OBLIGATIONS. The district may issue bonds or other obligations
185185 payable wholly or partly from ad valorem taxes, impact fees,
186186 revenue, contract payments, grants, or other district money, or any
187187 combination of those sources, to pay for any authorized district
188188 purpose.
189189 Sec. 8021A.0502. TAXES FOR BONDS. At the time the district
190190 issues bonds payable wholly or partly from ad valorem taxes, the
191191 board shall provide for the annual imposition of a continuing
192192 direct ad valorem tax, without limit as to rate or amount, while all
193193 or part of the bonds are outstanding as required and in the manner
194194 provided by Sections 54.601 and 54.602, Water Code.
195195 Sec. 8021A.0503. BONDS FOR ROAD PROJECTS. At the time of
196196 issuance, the total principal amount of bonds or other obligations
197197 issued or incurred to finance road projects and payable from ad
198198 valorem taxes may not exceed one-fourth of the assessed value of the
199199 real property in the district.
200200 SECTION 2. The Grassland Municipal Utility District No. 1
201201 of Collin County initially includes all the territory contained in
202202 the following area:
203203 TRACT 1
204204 BEING a 60.224 acre (2,623,369 square foot) tract of land situated
205205 in the William D. Thompson Survey, Abstract No. 892,
206206 Extraterritorial Jurisdiction of Princeton, Collin County, Texas,
207207 said tract being all of a called 60.20 acre tract of land described
208208 as Tract 1 in General Warranty Deed with Vendor's Lien to Austin Two
209209 Tracts, L.P. recorded in Volume 5518, Page 2813, Deed Records,
210210 Collin County, Texas (D.R.C.C.T.), said tract being more
211211 particularly described by metes and bounds as follows:
212212 BEGINNING at a 1/2" iron rod found with a cap stamped "PATE ENGR
213213 RPLS 3917" in the north right-of-way line of County Road 392 (a
214214 variable width right-of-way), said iron rod being the southwest
215215 corner of said Austin Two Tracts tract and in the east line of a
216216 tract of land described in Warranty Deed to Charles Hutcheson
217217 recorded in Volume 4595, Page 2784, D.R.C.C.T.;
218218 THENCE North 01°00'35" East, along the west line of said Austin Two
219219 Tracts tract, a distance of 2,088.97 feet to a 1/2" iron rod found
220220 with a cap stamped "PATE ENGR RPLS 3917" in the south line of a tract
221221 of land described in Special Warranty Deed to GRBK Edgewood LLC
222222 recorded in Instrument Number 20220315000414390, Official Public
223223 Records, Collin County, Texas (O.P.R.C.C.T.), said iron rod being
224224 the northwest corner of said Austin Two Tracts tract and the
225225 northeast corner of a tract of land described in Deed of Gift of
226226 Land to Jacky L. Sartain and Susan W. Sartain recorded in Instrument
227227 Number 19920805000526640, O.P.R.C.C.T.;
228228 THENCE South 89°28'04" East, along the north line of said Austin Two
229229 Tracts tract and the said south line of GRBK Edgewood tract, a
230230 distance of 1,484.98 feet to a 1/2" iron rod found with a cap
231231 stamped "PATE ENGR RPLS 3917", said iron rod being the northeast
232232 corner of said Austin Two Tracts tract and an ell corner of said
233233 GRBK Edgewood tract;
234234 THENCE along the east line of said Austin Two Tracts tract the
235235 following five (5) calls:
236236 South 00°51'21" West, at a distance of 17.93 feet passing a
237237 1/2" iron rod found being the northwest corner of Block C, Richland
238238 Estates Addition, an addition to the City of Princeton according to
239239 the plat recorded in Cabinet K, Slide 817, Plat Records, Collin
240240 County, Texas (P.R.C.C.T.), continuing in all a total distance of
241241 724.86 feet to a 1/2" iron rod found in the west line of said Block
242242 C, said iron rod being the most easterly southeast corner of said
243243 Austin Two Tracts tract and the northeast corner of a tract of land
244244 described in General Warranty Deed to Waseem Akram recorded in
245245 Instrument Number 20210316000521340, O.P.R.C.C.T.;
246246 South 89°47'09" West, a distance of 221.33 feet to a 1/2" iron
247247 rod found, said iron rod being a reentrant corner of said Austin Two
248248 Tracts tract and the northwest corner of said Akram tract;
249249 South 00°05'55" East, a distance of 715.43 feet to a 5/8" iron
250250 rod found with a cap stamped "KHA";
251251 South 47°12'14" West, a distance of 598.13 feet to a 3/8" iron
252252 rod found;
253253 South 09°52'04" West, a distance of 238.98 feet to a mag nail
254254 found with washer stamped "KHA" in the said north right-of-way line
255255 of County Road 392, said iron rod being the most southerly southeast
256256 corner of said Austin Two Tracts tract;
257257 THENCE North 89°26'06" West, along the south line of said Austin Two
258258 Tracts tract and the said north right-of-way line of County Road
259259 392, a distance of 810.99 feet to the POINT OF BEGINNING and
260260 containing 2,623,369 square feet or 60.224 acres of land, more or
261261 less.
262262 TRACT 2
263263 BEING a 1.2926 acre (56,307 square foot) tract of land situated in
264264 the William D. Thompson Survey, Abstract No. 892, Collin County,
265265 Texas; said tract being a portion of a called 11.447 acre tract of
266266 land described in General Warranty Deed to Waseem Akram recorded in
267267 Instrument Number 20210316000521340, Official Public Records,
268268 Collin County, Texas; said tract being more particularly described
269269 by metes and bounds as follows:
270270 BEGINNING at a mag nail found with washer stamped "KHA" in County
271271 Road 392 (a variable width right-of-way), said nail being the
272272 southwest corner of said Akram tract;
273273 THENCE North 09°52'04" East, along the west line of said Akram
274274 tract, at a distance of 19.70 feet passing a mag nail found with
275275 washer stamped "KHA" in the north right-of-way line of said County
276276 Road 392, said nail being the southeast corner of a called 60.20
277277 acre tract of land described as Tract 1 in General Warranty Deed
278278 with Vendor's Lien to Austin Two Tracts, LP, continuing in all a
279279 total distance of 258.68 feet to a 3/8" iron rod found;
280280 THENCE North 47°12'14" East, continuing along the said west line of
281281 Akram tract, a distance of 213.36 feet to a 5/8" iron rod found with
282282 a cap stamped "KHA", from which a 5/8" iron rod found with a cap
283283 stamped "KHA" bears North 47°12'14" East, 384.77 feet;
284284 THENCE South 00°33'21" West, departing the said west line of Akram
285285 tract, a distance of 401.73 feet to a mag nail found with washer
286286 stamped "KHA" in said County Road 392;
287287 THENCE North 89°26'39" West, along said County Road 392, a distance
288288 of 197.00 feet to the POINT OF BEGINNING and containing 56,307
289289 square feet or 1.2926 acres of land, more or less.
290290 BEING a 10.146 acre (441,981) square foot tract of land situated in
291291 the William D. Thompson Survey, Abstract No. 892, Collin County,
292292 Texas, and being a portion of the called 11.447 acre tract of land
293293 described in the General Warranty Deed to Waseem Akram recorded in
294294 Instrument No. 20210316000521340 of the Official Public Records of
295295 Collin County, Texas, said 10.146 acre (441,981) square foot tract
296296 of land being more particularly described by metes and bounds as
297297 follows:
298298 BEGINNING at a mag anil with washer stamped "KHA" found in the south
299299 line of said 10.147 acre tract of land, said mag nail with washer
300300 stamped "KHA" being the southeast corner of a called 1.2926 acre
301301 tract of land described in the deed to Austin Two Tracts, L.P.
302302 recorded in Instrument No. 2023000064692 of said Official Public
303303 Records of Collin County, Texas, said mag nail with washer stamped
304304 "KHA" also being in County Road 392 (variable width right-of-way);
305305 THENCE North 00 degrees 33 minutes 21 seconds East, with the east
306306 line of said 1.2926 acre tract of land, a distance of 401.73 feet to
307307 a 5/8 inch iron rod with cap stamped "KHA found in the common
308308 northwesterly line of said 11.447 acre tract of land and
309309 southeasterly line of a called 60.20 acre tract of land described as
310310 Tract 1 in the deed to Austin Two Tracts, L.P. recorded in Volume
311311 5518, Page 2813 of said Official Public Records of Collin County,
312312 Texas, said 5/8 inch iron rod with cap stamped "KHA" also being the
313313 northeast corner of said 1.2926 acre tract of land;
314314 THENCE North 47 degrees 12 minutes 14 seconds East, with the common
315315 northwesterly line of said 11.447 acre tract of land and
316316 southeasterly line of said 60.20 acre tract of land, a distance of
317317 384.77 feet to a 5/8 inch iron rod with cap stamped "KHA" found for a
318318 common reentrant corner of said 11.447 acre tract of land and
319319 salient corner of said 60.20 acre tract of land;
320320 THENCE North 00 degrees 05 minutes 55 seconds West, with the common
321321 west line of said 11.447 acre tract of land and an east line of said
322322 60.20 acre tract of land, a distance of 715.43 feet to a 1/2 inch
323323 iron rod found for the common northwest corner of said 11.447 acre
324324 tract of land and a reentrant corner of said 60.20 acre tract of
325325 land;
326326 THENCE North 89 degrees 47 minutes 09 seconds East, with the common
327327 north line of said 11.447 acre tract of land and a south line of said
328328 60.20 acre tract of land, a distance of 221.33 feet to a 1/2 inch
329329 iron rod found for the common northeast corner of said 11.447 acre
330330 tract of land and a salient corner of said 60.20 acre tract of land,
331331 said 1/2 inch iron rod also being in the west line of a Richland
332332 Estates Addition, an addition to Collin County, Texas recorded in
333333 Cabinet K, Slide 817 of the Plat Records of Collin County, Texas;
334334 THENCE South 00 degrees 51 minutes 21 seconds West, with the east
335335 line of said 11.447 acre tract of land, a distance of 1,384.25 feet
336336 to a mag nail with washer stamped "KHA" set for the southeast corner
337337 of said 11.447 acre tract of land, said mag nail with washer stamped
338338 "KHA" also being in said County Road 392;
339339 THENCE North 89 degrees 26 minutes 39 seconds West, with the south
340340 line of said 11.447 acre tract of land and with said County Road
341341 392, a distance of 485.67 to the POINT OF BEGINNING and containing
342342 441,981 square feet or 10.146 acres of land.
343343 SECTION 3. (a) The legal notice of the intention to
344344 introduce this Act, setting forth the general substance of this
345345 Act, has been published as provided by law, and the notice and a
346346 copy of this Act have been furnished to all persons, agencies,
347347 officials, or entities to which they are required to be furnished
348348 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
349349 Government Code.
350350 (b) The governor, one of the required recipients, has
351351 submitted the notice and Act to the Texas Commission on
352352 Environmental Quality.
353353 (c) The Texas Commission on Environmental Quality has filed
354354 its recommendations relating to this Act with the governor, the
355355 lieutenant governor, and the speaker of the house of
356356 representatives within the required time.
357357 (d) All requirements of the constitution and laws of this
358358 state and the rules and procedures of the legislature with respect
359359 to the notice, introduction, and passage of this Act are fulfilled
360360 and accomplished.
361361 SECTION 4. (a) If this Act does not receive a two-thirds
362362 vote of all the members elected to each house, Subchapter C, Chapter
363363 8021A, Special District Local Laws Code, as added by Section 1 of
364364 this Act, is amended by adding Section 8021A.0307 to read as
365365 follows:
366366 Sec. 8021A.0307. NO EMINENT DOMAIN POWER. The district may
367367 not exercise the power of eminent domain.
368368 (b) This section is not intended to be an expression of a
369369 legislative interpretation of the requirements of Section 17(c),
370370 Article I, Texas Constitution.
371371 SECTION 5. This Act takes effect immediately if it receives
372372 a vote of two-thirds of all the members elected to each house, as
373373 provided by Section 39, Article III, Texas Constitution. If this
374374 Act does not receive the vote necessary for immediate effect, this
375375 Act takes effect September 1, 2025.