Bill Text: TX HB4159 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the creation of the Bell County Municipal Utility District No. 3; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2015-06-18 - Effective immediately [HB4159 Detail]
Download: Texas-2015-HB4159-Enrolled.html
H.B. No. 4159 |
relating to the creation of the Bell County Municipal Utility | ||
District No. 3; granting a limited power of eminent domain; | ||
providing authority to issue bonds; providing authority to impose | ||
assessments, 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 7936 to read as follows: | ||
CHAPTER 7936. BELL COUNTY MUNICIPAL UTILITY DISTRICT NO. 3 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7936.001. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Director" means a board member. | ||
(4) "District" means the Bell County Municipal Utility | ||
District No. 3. | ||
Sec. 7936.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7936.003. CONFIRMATION AND DIRECTORS' ELECTION | ||
REQUIRED. The temporary directors shall hold an election to | ||
confirm the creation of the district and to elect five permanent | ||
directors as provided by Section 49.102, Water Code. | ||
Sec. 7936.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 7936.003 | ||
until each municipality in whose corporate limits or | ||
extraterritorial jurisdiction the district is located has | ||
consented by ordinance or resolution to the creation of the | ||
district and to the inclusion of land in the district. | ||
Sec. 7936.005. 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. | ||
Sec. 7936.006. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2 of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section 2 of | ||
the Act enacting this chapter form a closure. A mistake made in the | ||
field notes or in copying the field notes in the legislative process | ||
does not affect the district's: | ||
(1) organization, existence, or validity; | ||
(2) right to issue any type of bond for the purposes | ||
for which the district is created or to pay the principal of and | ||
interest on a bond; | ||
(3) right to impose a tax; or | ||
(4) legality or operation. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 7936.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 7936.052, directors serve | ||
staggered four-year terms. | ||
Sec. 7936.052. TEMPORARY DIRECTORS. (a) On or after the | ||
effective date of the Act enacting this chapter, the owner or owners | ||
of a majority of the assessed value of the real property in the | ||
district may submit a petition to the commission requesting that | ||
the commission appoint as temporary directors the five persons | ||
named in the petition. The commission shall appoint as temporary | ||
directors the five persons named in the petition. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 7936.003; or | ||
(2) the fourth anniversary of the effective date of | ||
the Act enacting this chapter. | ||
(c) If permanent directors have not been elected under | ||
Section 7936.003 and the terms of the temporary directors have | ||
expired, successor temporary directors shall be appointed or | ||
reappointed as provided by Subsection (d) to serve terms that | ||
expire on the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 7936.003; or | ||
(2) the fourth anniversary of the date of the | ||
appointment or reappointment. | ||
(d) If Subsection (c) applies, the owner or owners of a | ||
majority of the assessed value of the real property in the district | ||
may submit a petition to the commission requesting that the | ||
commission appoint as successor temporary directors the five | ||
persons named in the petition. The commission shall appoint as | ||
successor temporary directors the five persons named in the | ||
petition. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 7936.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7936.102. 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. 7936.103. 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. 7936.104. 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. 7936.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE | ||
OR RESOLUTION. The district shall comply with all applicable | ||
requirements of any ordinance or resolution that is adopted under | ||
Section 54.016 or 54.0165, Water Code, and that consents to the | ||
creation of the district or to the inclusion of land in the | ||
district. | ||
Sec. 7936.106. DIVISION OF DISTRICT. (a) The district may | ||
be divided into two or more districts only if: | ||
(1) the district has no outstanding bonded debt; | ||
(2) the district is not imposing ad valorem taxes; and | ||
(3) the requirements of Subsection (i), as applicable, | ||
are satisfied. | ||
(b) This chapter applies to any new district created by the | ||
division of the district, and a new district has all the powers and | ||
duties of the district. | ||
(c) A new district created by the division of the district | ||
may not, at the time the new district is created, contain any land | ||
outside the area described by Section 2 of the Act creating this | ||
chapter. | ||
(d) The board, on its own motion or on receipt of a petition | ||
signed by the owner or owners of a majority of the assessed value of | ||
the real property in the district, may adopt an order dividing the | ||
district. | ||
(e) The board may adopt an order dividing the district | ||
before or after the date the board holds an election under Section | ||
7936.003 to confirm the district's creation. | ||
(f) An order dividing the district shall: | ||
(1) name each new district; | ||
(2) include the metes and bounds of each new district; | ||
(3) appoint temporary directors for each new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between the district and each new district. | ||
(g) On or before the 30th day after the date of adoption of | ||
an order dividing the district, the district shall file the order | ||
with the Texas Commission on Environmental Quality and record the | ||
order in the real property records of each county in which the | ||
district is located. | ||
(h) A new district created by the division of the district | ||
shall hold a confirmation and directors' election as required by | ||
Section 7936.003. | ||
(i) If the district is located wholly or partly in the | ||
corporate limits or the extraterritorial jurisdiction of a | ||
municipality, the district may not divide under this section unless | ||
the municipality by resolution or ordinance consents to the | ||
division of the district. If the district is not located wholly or | ||
partly in the corporate limits or extraterritorial jurisdiction of | ||
a municipality, the district may not divide under this section | ||
unless the commissioners court of each county in which the district | ||
is wholly or partly located first adopts a resolution or order in | ||
support of the division of the district. | ||
(j) Any new district created by the division of the district | ||
must hold an election as required by this chapter to obtain voter | ||
approval before the district may impose a maintenance tax or issue | ||
bonds payable wholly or partly from ad valorem taxes. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7936.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The | ||
district may issue, without an election, bonds and other | ||
obligations secured by: | ||
(1) revenue other than ad valorem taxes; or | ||
(2) contract payments described by Section 7936.153. | ||
(b) The district must hold an election in the manner | ||
provided by Chapters 49 and 54, Water Code, to obtain voter approval | ||
before the district may impose an ad valorem tax or issue bonds | ||
payable from ad valorem taxes. | ||
(c) 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. 7936.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7936.151, the district | ||
may impose an operation and maintenance tax on taxable property in | ||
the district in accordance with Section 49.107, Water Code. | ||
(b) The board shall determine the tax rate. The rate may not | ||
exceed the rate approved at the election. | ||
Sec. 7936.153. CONTRACT TAXES. (a) In accordance with | ||
Section 49.108, Water Code, the district may impose a tax other than | ||
an operation and maintenance tax and use the revenue derived from | ||
the tax to make payments under a contract after the provisions of | ||
the contract have been approved by a majority of the district voters | ||
voting at an election held for that purpose. | ||
(b) A contract approved by the district voters may contain a | ||
provision stating that the contract may be modified or amended by | ||
the board without further voter approval. | ||
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS | ||
Sec. 7936.201. AUTHORITY TO ISSUE BONDS AND OTHER | ||
OBLIGATIONS. 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 any authorized district | ||
purpose. | ||
Sec. 7936.202. 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. 7936.203. 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. The Bell County Municipal Utility District No. 3 | ||
initially includes all the territory contained in the following | ||
area: | ||
1221.63 ACRES, situated in the J. GREENWOOD SURVEY, ABSTRACT | ||
367, the D. F. HAIR SURVEY, ABSTRACT 1088, the CYNTHIA GILBERT | ||
SURVEY, ABSTRACT 346, the J. KIZZIER SURVEY, ABSTRACT 496, the W. S. | ||
BLACK SURVEY, ABSTRACT 128, and the PRESTON CONLEY SURVEY, ABSTRACT | ||
213, Bell County, Texas, embracing all of a called 425.18 Acre tract | ||
conveyed as Tract One, all of a called 382.61 Acre tract, conveyed | ||
as Tract Two, and all of a called 413.72 Acre tract, conveyed as | ||
Tract Three, to Whitis Land Investments, Ltd. in Document | ||
No. 2013-00000874, Official Public Records of Real Property, Bell | ||
County, Texas, and being more particularly described as follows: | ||
BEGINNING at a point at the northwest corner of said 413.73 | ||
Acre tract, being the northeast corner of a portion of called 1748.4 | ||
Acres conveyed as the Sixth Tract to Solana Ranch Company in Volume | ||
621, Page 624, Deed Records of Bell County, Texas, and being on the | ||
south line of F. M. 2843, for the northwest corner of the herein | ||
described tract; | ||
THENCE, in an easterly direction, with the south line of said | ||
F. M. 2843, S 71° 26' 42" E - 905.35', to a point at the northwest | ||
corner of a called 4 Acre tract conveyed to David R. Cummings and | ||
wife, Cari S. Cummings in Volume 2972, Page 399, Official Public | ||
Records of Real Property, Bell County, Texas; | ||
THENCE, in a southerly direction, with the west line of said 4 | ||
Acre tract, S 09° 05' 25" W - 569.33', to a point at the southwest | ||
corner of said 4 Acre tract, for an interior corner of the herein | ||
described tract; | ||
THENCE, in an easterly direction, with the south line of said | ||
4 Acre tract and the south line of a tract conveyed to Michael L. | ||
Shobe and wife, Susan C. Shobe in Volume 4849, Page 517, Official | ||
Public Records of Real Property, Bell County, Texas, N 87° 55' 33" E | ||
- 1018.04', to a point for an interior corner of the herein | ||
described tract; | ||
THENCE, in a northerly direction, with the east line of said | ||
Shobe tract, N 04° 13' 09" W - 386.78', to a point at the northeast | ||
corner of said Shobe tract, being on the south line of said F. M. | ||
2843; | ||
THENCE, in an easterly direction, with the south line of said | ||
F. M. 2843, S 88° 36' 25" E - 64.47', to a point at the northwest | ||
corner of a called 21.5 Acre tract conveyed to Bradley Leo Buckley | ||
and Susan Carol in Volume 5671, Page 475, Official Public Records of | ||
Real Property, Bell County, Texas; | ||
THENCE, in a southerly direction, with the west line of said | ||
21.5 Acre tract, S 04° 25' 29" E - 876.99', to a point at the | ||
southwest corner of said 21.5 Acre tract, for an interior corner of | ||
the herein described tract; | ||
THENCE, in an easterly direction, with the south line of said | ||
21.5 Acre tract, the following calls: | ||
1. N 76° 16' 53" E - 169.62', a point, | ||
2. N 80° 44' 30" E - 216.92', a point, | ||
3. N 81° 53' 49" E - 76.48', a point, | ||
4. N 85° 10' 57" E - 140.54', a point, | ||
5. N 86° 49' 14" E - 108.17', a point, | ||
6. S 84° 56' 18" E - 60.02', a point, | ||
7. S 71° 35' 53" E - 123.69', a point, | ||
8. S 64° 12' 49" E - 100.03', a point, | ||
9. S 54° 37' 38" E - 29.23', a point, | ||
10. S 30° 56' 02" W - 59.70', a point, and | ||
11. S 87° 16' 17" E - 159.70', to a point; | ||
THENCE, in a northeasterly direction, with the south line of | ||
said 21.5 Acre tract, and the south line of a called 12.35 Acre | ||
tract conveyed to Elmer L. Edens and wife, Susan Edens in Volume | ||
2235, Page 345, Deed Records of Bell County, Texas, N 55° 00' 45" E - | ||
1135.09', to a point at the southeast corner of said 12.35 Acre | ||
tract, for an interior corner of the herein described tract; | ||
THENCE, in a northerly direction, with the east line of said | ||
12.35 Acre tract, N 19° 39' 56" W - 260.68', to a point on the south | ||
line of said F. M. 2843; | ||
THENCE, in an easterly direction, with the south line of said | ||
F. M. 2843, the following calls: | ||
1. S 89° 03' 11" E - 103.73', a point, | ||
2. S 35° 21' 24" E - 151.15', a point, | ||
3. N 79° 27' 44" E - 110.78', a point, | ||
4. N 02° 29' 25" E - 69.54', a point, | ||
5. S 88° 57' 06" E - 529.69', a point, and | ||
6. N 79° 03' 04" E - 182.00', to a point at the beginning | ||
of a curve to the left; | ||
THENCE, continuing in said easterly direction, with said | ||
curve to the left; having a radius of 1960.00', a delta angle of 41° | ||
50' 25", and a long chord which bears N 65° 03' 32" E - 1399.70'; an | ||
arc length of 1431.29', to a point; | ||
THENCE, in a northeasterly direction, continuing with the | ||
south line of said F. M. 2843, N 44° 05' 40" E - 973.61', to a point | ||
at a cut-back corner on the west line of Triangle Road; | ||
THENCE, in an easterly direction, with said cut-back, S 85° | ||
29' 15" E - 78.40', to a point on the west line of said Triangle | ||
Road, for the northeast corner of the herein described tract; | ||
THENCE, in a southerly direction, with the west line of said | ||
Triangle Road, S 21° 45' 59" E - 836.91', a point, and S 29° 42' 54" E | ||
- 333.97', to a point at the northeast corner of a called 0.54 Acre | ||
tract conveyed to Claude F. Ray, Jr. in Volume 1855, Page 67, Deed | ||
Records of Bell County, Texas; | ||
THENCE, in a westerly direction, with the north line of said | ||
0.54 Acre tract, S 69° 23' 34" W - 122.70', to a point at the | ||
northwest corner of said 0.54 Acre tract, for an interior corner of | ||
the herein described tract; | ||
THENCE, in a southerly direction, with the west line of said | ||
0.54 Acre tract, S 20° 00' 24" E - 193.13', to a point at the | ||
southwest corner of said 0.54 Acre tract, for an interior corner of | ||
the herein described tract; | ||
THENCE, in an easterly direction, with the south line of said | ||
0.54 Acre tract, N 68° 36' 05" E - 120.11', to a point on the west | ||
line of said Triangle Road; | ||
THENCE, in a southerly direction, with the west line of said | ||
Triangle Road, S 20° 53' 53" E - 1698.33', to a point at the | ||
southeast corner of said 413.72 Acre tract, being the north line of | ||
said 382.61 Acre tract, for an interior corner of the herein | ||
described tract; | ||
THENCE, in an easterly direction, N 68° 36° 05" E - 120.11', to | ||
a point in the approximate center of said Triangle Road, being the | ||
northeast corner of said 382.61 Acre tract; | ||
THENCE, in a southerly direction, with the east line of said | ||
382.61 Acre tract, S 21° 58' 20" E - 4514.30', to a point at the | ||
southeast corner of said 382.61 Acre tract, being in the | ||
approximate center o Kuykendall Branch Road, for the easternmost | ||
southeast corner of the herein described tract; | ||
THENCE, in a westerly direction, with the approximate center | ||
of said Kuykendall Branch Road, S 68° 27' 25" W - 3105.71', to a | ||
point at the southernmost southwest corner of said 382.61 Acre | ||
tract, being on the east line of said 425.18 Acre tract, same being | ||
the northernmost northwest corner of a called 8.15 Acre tract | ||
conveyed to Solana Ranch Company in Volume 1009, Page 706, Deed | ||
Records of Bell County, Texas, for an interior corner of the herein | ||
described tract; | ||
THENCE, in a southerly direction, with the northwest line of | ||
said 8.15 Acre tract, S 08° 56' 29" E - 1684.60', to a point for the | ||
southernmost southeast corner of the herein described tract; | ||
THENCE, in a westerly direction, with the boundary of said | ||
8.15 Acre tract, S 69° 13' 10" W - 1090.84', to a point at the | ||
southeast corner of the remainder of a called 482.6 Acre tract | ||
conveyed to Betty Kirkpatrick in Document No. 2009-00014096, | ||
Official Public Records of Real Property, Bell County, Texas (being | ||
described in Volume 2960, Page 8), for the southernmost southwest | ||
corner of the herein described tract; | ||
THENCE, in a northerly direction, with the east line of said | ||
remainder tract, N 15° 31' 05" W - 1635.44', to a point, being the | ||
northeast corner of said remainder tract, for an interior corner of | ||
the herein described tract; | ||
THENCE, in a westerly direction, with the north line of said | ||
remainder tract and the boundary line of said Solana Ranch Company | ||
Sixth Tract, S 69° 06' 56" W - 2590.25', to a point, being an | ||
interior corner of said Sixth tract, for the southwest corner of the | ||
herein described tract; | ||
THENCE, in a northerly direction, with the eastern line of | ||
said Solana Ranch Company Sixth Tract, same being the west line of | ||
said 425.18 Acre tract, N 20° 40' 42" W - 3015.90', to a point at the | ||
westernmost southwest corner of said 413.72 Acre tract; | ||
THENCE, continuing in said northerly direction, with the east | ||
line of said Solana Ranch Company Sixth tract, same being the west | ||
line of said 413.72 Acre tract, the following calls: | ||
1. N 26° 54' 27" W - 315.49', a point, | ||
2. N 19° 45' 15" W - 1314.07', a point, | ||
3. N 20° 35' 30" W - 517.20', a point, | ||
4. N 12° 20' 23" W - 253.30', a point, | ||
5. N 12° 44' 27" W - 647.98', a point, | ||
6. N 22° 45' 46" W - 470.18', a point, | ||
7. N 22° 14' 51" W - 131.75', a point, | ||
8. N 11° 43' 24" W - 766.89', a point, | ||
9. N 15° 10' 16" W - 345.67', a point, | ||
10. N 87° 29' 52" W - 143.74', a point, | ||
11. N 20° 09' 35" W - 211.32', a point, | ||
12. N 31° 40' 34" W - 144.51', a point, and | ||
13. N 22° 09' 15" W - 1161.69', to the POINT OF | ||
BEGINNING and containing 1221.63 Acres of Land. | ||
SECTION 3. (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 4. (a) If this Act does not receive a two-thirds | ||
vote of all the members elected to each house, Subchapter C, Chapter | ||
7936, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7936.107 to read as follows: | ||
Sec. 7936.107. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
(b) This section is not intended to be an expression of a | ||
legislative interpretation of the requirements of Section 17(c), | ||
Article I, Texas Constitution. | ||
SECTION 5. 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, 2015. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4159 was passed by the House on May 8, | ||
2015, by the following vote: Yeas 140, Nays 2, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4159 was passed by the Senate on May | ||
27, 2015, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |