Bill Text: TX HB3219 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the powers and duties of the Meyer Ranch Municipal Utility District of Comal County; affecting an existing limited power of eminent domain; providing authority to issue bonds; providing authority to impose fees and taxes.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2017-05-12 - Comm. report sent to Local & Consent Calendar [HB3219 Detail]
Download: Texas-2017-HB3219-Comm_Sub.html
| 85R26361 DMS-F | |||
| By: Biedermann, Kuempel | H.B. No. 3219 | ||
| Substitute the following for H.B. No. 3219: | |||
| By: Lang | C.S.H.B. No. 3219 | ||
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| relating to the powers and duties of the Meyer Ranch Municipal | ||
| Utility District of Comal County; affecting an existing limited | ||
| power of eminent domain; providing authority to issue bonds; | ||
| providing authority to impose fees and taxes. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle F, Title 6, Special District Local Laws | ||
| Code, is amended by adding Chapter 7989 to read as follows: | ||
| CHAPTER 7989. MEYER RANCH MUNICIPAL UTILITY DISTRICT OF COMAL | ||
| COUNTY | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 7989.001. DEFINITION. In this chapter, "district" | ||
| means the Meyer Ranch Municipal Utility District of Comal County. | ||
| Sec. 7989.002. NATURE OF DISTRICT. The district is a | ||
| municipal utility district created under Section 59, Article XVI, | ||
| Texas Constitution. | ||
| Sec. 7989.003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) | ||
| The district is created to serve a public purpose and benefit. | ||
| (b) The district is created to accomplish the purposes of: | ||
| (1) a municipal utility district as provided by | ||
| general law and Section 59, Article XVI, Texas Constitution; and | ||
| (2) Section 52, Article III, Texas Constitution, that | ||
| relate to the construction, acquisition, improvement, operation, | ||
| or maintenance of macadamized, graveled, or paved roads, or | ||
| improvements, including storm drainage, in aid of those roads. | ||
| SUBCHAPTER B. POWERS AND DUTIES | ||
| Sec. 7989.051. GENERAL POWERS AND DUTIES. The district has | ||
| the powers and duties necessary to accomplish the purposes for | ||
| which the district is created. | ||
| Sec. 7989.052. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
| DUTIES. The district has the powers and duties provided by the | ||
| general law of this state, including Chapters 49 and 54, Water Code, | ||
| applicable to municipal utility districts created under Section 59, | ||
| Article XVI, Texas Constitution. | ||
| Sec. 7989.053. AUTHORITY FOR ROAD PROJECTS. Under Section | ||
| 52, Article III, Texas Constitution, the district may design, | ||
| acquire, construct, finance, issue bonds for, improve, operate, | ||
| maintain, and convey to this state, a county, or a municipality for | ||
| operation and maintenance macadamized, graveled, or paved roads, or | ||
| improvements, including storm drainage, in aid of those roads. | ||
| Sec. 7989.054. ROAD STANDARDS AND REQUIREMENTS. (a) A road | ||
| project must meet all applicable construction standards, zoning and | ||
| subdivision requirements, and regulations of each municipality in | ||
| whose corporate limits or extraterritorial jurisdiction the road | ||
| project is located. | ||
| (b) If a road project is not located in the corporate limits | ||
| or extraterritorial jurisdiction of a municipality, the road | ||
| project must meet all applicable construction standards, | ||
| subdivision requirements, and regulations of each county in which | ||
| the road project is located. | ||
| (c) If the state will maintain and operate the road, the | ||
| Texas Transportation Commission must approve the plans and | ||
| specifications of the road project. | ||
| Sec. 7989.055. LIMITATION ON USE OF EMINENT DOMAIN. (a) The | ||
| district may not exercise the power of eminent domain outside the | ||
| boundaries of the district for any purpose unless the proposed | ||
| exercise is approved by a written resolution of the commissioners | ||
| court of each county in which the district is located. | ||
| (b) The district may not exercise the power of eminent | ||
| domain before the entire board of directors is composed of | ||
| directors elected by the residents of the district. | ||
| Sec. 7989.056. COMPLIANCE WITH MARCH 2016 AGREEMENT. On | ||
| the date the district becomes a permittee under Texas Pollutant | ||
| Discharge Elimination System Permit No. WQ0015314001, the district | ||
| shall exercise any power necessary to comply with all applicable | ||
| terms of the "Settlement Agreement" of March 29, 2016, between | ||
| Randolph Todd Company, LLC and: | ||
| (1) Patricia and Troy Brand; | ||
| (2) Ellen McClellan; | ||
| (3) Edward Harris; | ||
| (4) Phyllis Yvonne Ritter; | ||
| (5) Carole Farmer; | ||
| (6) Nelda and Ronald Davis; | ||
| (7) Susan Dooley Logue; | ||
| (8) Randall and Nancy Pappas; | ||
| (9) Daniel and Michele Laroe; | ||
| (10) Elizabeth Martin; | ||
| (11) Ted Martin; | ||
| (12) Taylor Martin; | ||
| (13) Hector X. Amaya; | ||
| (14) Sabrina Houser-Amaya; | ||
| (15) Franklin Houser; and | ||
| (16) Bonnie Houser. | ||
| SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS | ||
| Sec. 7989.101. AUTHORITY TO ISSUE BONDS AND OTHER | ||
| OBLIGATIONS. (a) The district may issue bonds or other obligations | ||
| payable wholly or partly from ad valorem taxes, impact fees, | ||
| revenue, contract payments, grants, or other district money, or any | ||
| combination of those sources, to pay for a road project authorized | ||
| by Section 7989.053. | ||
| (b) The district may not issue bonds payable from ad valorem | ||
| taxes to finance a road project unless the issuance is approved by a | ||
| vote of a two-thirds majority of the district voters voting at an | ||
| election held for that purpose. | ||
| Sec. 7989.102. TAXES FOR BONDS. At the time the district | ||
| issues bonds payable wholly or partly from ad valorem taxes, the | ||
| board shall provide for the annual imposition of a continuing | ||
| direct ad valorem tax, without limit as to rate or amount, while all | ||
| or part of the bonds are outstanding as required and in the manner | ||
| provided by Sections 54.601 and 54.602, Water Code. | ||
| Sec. 7989.103. BONDS FOR ROAD PROJECTS. At the time of | ||
| issuance, the total principal amount of bonds or other obligations | ||
| issued or incurred to finance road projects and payable from ad | ||
| valorem taxes may not exceed one-fourth of the assessed value of the | ||
| real property in the district. | ||
| SECTION 2. (a) The legal notice of the intention to | ||
| introduce this Act, setting forth the general substance of this | ||
| Act, has been published as provided by law, and the notice and a | ||
| copy of this Act have been furnished to all persons, agencies, | ||
| officials, or entities to which they are required to be furnished | ||
| under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
| Government Code. | ||
| (b) The governor, one of the required recipients, has | ||
| submitted the notice and Act to the Texas Commission on | ||
| Environmental Quality. | ||
| (c) The Texas Commission on Environmental Quality has filed | ||
| its recommendations relating to this Act with the governor, the | ||
| lieutenant governor, and the speaker of the house of | ||
| representatives within the required time. | ||
| (d) All requirements of the constitution and laws of this | ||
| state and the rules and procedures of the legislature with respect | ||
| to the notice, introduction, and passage of this Act are fulfilled | ||
| and accomplished. | ||
| SECTION 3. This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2017. | ||
