Bill Text: TX HB4313 | 2017-2018 | 85th Legislature | Enrolled

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Bill Title: Relating to the temporary board of and financing of certain facilities and improvements by the LaSalle Municipal Utility District No. 4; providing authority to impose an assessment.

Sponsorship: Bipartisan Bill

Status: (Vetoed) 2017-06-15 - Vetoed by the Governor [HB4313 Detail]

Download: Texas-2017-HB4313-Enrolled.html

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H.B. No. 4313

AN ACT
relating to the temporary board of and financing of certain
facilities and improvements by the LaSalle Municipal Utility
District No. 4; providing authority to impose an assessment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 8475.052(a) and (b), Special District
Local Laws Code, are amended to read as follows:
(a) The temporary board consists of:
(1) Curby Ohnheiser;
(2) Bill Zukaukas;
(3) James Hines;
(4) Sam Siddons; and
(5) Terry Zrubek [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 8475.003; or
(2) the fourth anniversary of the effective date of
their designation [the Act enacting this chapter].
SECTION 2. Chapter 8475, Special District Local Laws Code,
is amended by adding Subchapter F to read as follows:
SUBCHAPTER F. ASSESSMENTS; APPLICABILITY OF ASSESSMENTS
Sec. 8475.251. PETITION REQUIRED FOR FINANCING
IMPROVEMENTS AND RECREATIONAL FACILITIES WITH ASSESSMENTS. (a)
Except as provided by this subchapter, the board may finance the
construction or maintenance of a recreational facility or
improvement with assessments on property under this subchapter only
if:
(1) a written petition requesting that facility or
improvement has been filed with the board; and
(2) the board holds a hearing on the proposed
assessments.
(b) The petition must be signed by the owners of a majority
of the assessed value of real property in the district subject to
assessment according to the most recent certified tax appraisal
roll for the county.
Sec. 8475.252. MISCELLANEOUS DESIGN, CONSTRUCTION, AND
MAINTENANCE. An improvement or recreational facility project may
include the planning, design, construction, improvement, and
maintenance of:
(1) landscaping;
(2) marinas and bridges;
(3) lighting, banners, and signs;
(4) hiking and cycling paths or trails;
(5) sidewalks, pedestrian walkways, skywalks,
crosswalks, or tunnels;
(6) ponds, lakes, recreational facilities, or scenic
areas;
(7) plazas or pedestrian malls;
(8) drainage or navigation improvements; or
(9) solid waste, water, sewer, or power facilities,
including electrical and gas power facilities.
Sec. 8475.253. METHOD OF NOTICE FOR HEARING. The district
shall mail notice of the hearing to each property owner in the
district who will be subject to the assessment at the current
address to be assessed as reflected on the tax rolls. The district
may mail the notice by certified or first class United States mail.
The board shall determine the method of notice.
Sec. 8475.254. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) An
assessment or a reassessment imposed under this subchapter by the
district, penalties and interest on an assessment or reassessment,
an expense of collection, and reasonable attorney's fees incurred
by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(b) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(c) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
Sec. 8475.255. UTILITY PROPERTY EXEMPT FROM ASSESSMENTS.
The district may not impose an assessment on the property,
including the equipment, rights-of-way, facilities, or
improvements, of:
(1) an electric utility or a power generation company
as defined by Section 31.002, Utilities Code;
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a person who provides to the public cable
television or advanced telecommunications services.
SECTION 3. Section 2, Chapter 628, Acts of the 83rd
Legislature, Regular Session, 2013, is amended to read as follows:
Sec. 2. The LaSalle Municipal Utility District No. 4
initially includes all the territory contained in the following
area:
BEING A 355.7-ACRE [15,494,304 SQUARE FEET] TRACT OF LAND OUT OF THE
WILLIAM HEMPHILL SURVEY, ABSTRACT NUMBER 221, HAYS COUNTY, TEXAS,
SAID 355.7-ACRE TRACT BEING A PORTION OF SAID 765.035-ACRE TRACT,
SAID 355.7-ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2-inch iron rod with cap marked "BYRN" found in the
north right-of-way line of State Highway 21, a varying-width
right-of-way, for the south corner of said 765.035-acre tract, same
being the east corner of that called 305-acre tract described as
"Tract 2" in Special Warranty Deed to Cedar Stump Limited
Partnership, as recorded in Volume 1489, Page 800, H.C.D.R.;
THENCE leaving said north right-of-way line of State Highway 21,
with the southwest line of said 765.035-acre tract, same being the
northeast line of said 305-acre tract, N46°05'07"W, a distance of
2,948.64 feet to a 1-inch iron rod found for the north corner of
said 305-acre tract;
THENCE continuing with the southwest line of said 765.035-acre
tract, with the northwest line of said 305-acre tract, S43°29'59"W,
a distance of 1,332.70 feet to the southwest corner of the tract
described herein;
THENCE leaving said southwest line of said 765.035-acre tract and
said northwest line of the 305-acre tract, crossing said
765.035-acre tract, the following nine (9) courses and distances:
1) N46°24'34"W, a distance of 3,056.52 feet to an angle
point,
2) N44°18'44"E, a distance of 586.71 feet to a point of
curvature of a tangent circular curve to the right;
3) with the arc of said curve to the right a distance of
2,394.53 feet, said curve having a radius of 1654.00, a central
angle of 82°56'54" and a chord bearing N86°50'23"E, a distance of
2,190.83 feet to a point of tangency,
4) S46°24'32"E, a distance of 792.11 feet to an angle point,
5) N43°35'28"E, a distance of 248.47 feet to a point of
curvature of a tangent circular curve to the left,
6) with the arc of said curve to the left a distance of
595.11 feet, said curve having a radius of 512.00, a central angle
of 66°35'45" and a chord bearing N10°17'36"E, a distance of 562.17
feet to a point of tangency,
7) N24°53'03"W, a distance of 156.83 feet to a point of
curvature of a tangent circular curve to the right,
8) with the arc of said curve to the right a distance of
793.02 feet, said curve having a radius of 632.00, a central angle
of 71°53'37" and a chord bearing N10°26'48"E, a distance of 742.01
feet to a point of tangency, and
9) N43°22'06"E, a distance of 190.43 feet to a point in the
east line of said 765.035-acre tract, same being said west line of
the 140.6-acre tract;
THENCE with said east line of the 765.035-acre tract and the west
line of the 140.6-acre tract, S46°43'06"E, a distance of 1,334.98
feet to a 1/2-inch iron rod found for the southwest corner of said
140.6-acre tract, same being the northwest corner of that called
82.86-acre tract described as "Tract Two" in General Warranty Deed
to Robert K. Holdings, L.L.C. as recorded in Volume 5143, Page 808,
O.P.R.H.C.T.;
THENCE continuing with said east line of the 765.035-acre tract,
with the west line of the 82.86-acre tract, S46°36'29"E, a distance
of 930.53 feet to an iron post found for the southwest corner of
said 82.86-acre tract, same being the northwest corner of that
called 82.844-acre tract described in General Warranty Deed to
Stork Estates, LLC as recorded in Volume 5390, Page 624,
O.P.R.H.C.T.;
THENCE continuing with said east line of the 765.035-acre tract,
with the west line of said 82.844-acre tract, S46°27'06"E, a
distance of 1,203.82 feet to a 1/2-inch iron rod found for the
southwest corner of said 82.844-acre tract, same being the
northwest corner of the remainder of that called 100-acre tract
described to Fred W. Hoffman, Sr., as recorded in Volume 188, Page
499, O.P.R.H.C.T.;
THENCE continuing with said east line of the 765.035-acre tract,
same being the west line of the remainder the 100-acre tract,
S46°36'00"E, a distance of 1,031.87 feet to a 5/8-inch iron rod with
cap marked "HOFFMAN" found in said north right-of-way line of State
Highway 21, for the east corner of said 765.035-acre tract and the
east corner of the tract described herein;
THENCE leaving said east line of the 765.035-acre tract and said
west line of the remainder the 100-acre tract, with said north
right-of-way line of State Highway 21 and said south line of the
765.035-acre tract, the following three (3) courses and distances:
1) S48°11'06"W, a distance of 178.89 feet to a 1/2-inch iron
rod with cap marked "BYRN" found for a point of curvature of a
non-tangent circular curve to the left;
2) with the arc of said curve to the left a distance of
830.82 feet, said curve having a radius of 5,779.51 feet, a central
angle of 8°14'11" and a chord bearing S52°21'11"W, a distance of
830.10 feet to a broken TxDOT concrete monument found for a point of
non-tangency, and
3) S48°11'24"W, a distance of 1,475.12 feet to the POINT OF
BEGINNING, and containing 355.7 acres [15,494,304 square feet].
[FIELD NOTE DESCRIPTION OF 535.54 ACRES OF LAND OUT OF THE WILLIAM
HEMPHILL SURVEY ABSTRACT No. 221 IN HAYS COUNTY, TEXAS, BEING A
PORTION OF THAT CERTAIN (811.38 ACRE) TRACT OF LAND AS CONVEYED TO
LASALLE HOLDINGS, LTD. BY SPECIAL WARRANTY DEED RECORDED IN VOLUME
2909 PAGE 684 OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS,
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
[BEGINNING at a capped iron rod found (marked "ProTech") in the
Northwest line of the Old San Antonio Road for the most Easterly
corner of that certain (811.38 acre) tract of land as conveyed to
LaSalle Holdings by Special Warranty Deed recorded in Volume 2909
Page 684 of the Official Public Records of Hays County, Texas, and
being the most Easterly corner and PLACE OF BEGINNING of the herein
described tract of land;
[THENCE with the Southeast line of said LaSalle Holdings (811.38
acre) tract, S 48 deg. 44' 13" W 178.85 ft. to a capped iron rod
found (marked "Byrn") at the point of intersection with the curving
Northwest right-of-way line State Highway No. 21 for an angle
corner of this tract;
[THENCE with the Northwest right-of-way line of State Highway No.
21, the following two (2) courses;
[1) along a curve to the left with a radius of 5779.51 ft. for
an arc length of 830.52 ft. and which chord bears S 52 deg. 53' 22" W
829.80 ft. to a PK nail found in a broken concrete monument for a
point of tangency;
[2) S 48 deg. 46' 22" W 1475.74 ft. to a 1/2" iron rod found
for the most Southerly corner of said LaSalle Holdings (811.38
acre) tract and for the most Southerly corner of this tract;
[THENCE leaving the Northwest right-of-way line of State Highway
No. 21 with a Southerly line of said LaSalle Holdings (811.38 acre)
tract, the following two (2) courses;
[1) N 45 deg. 31' 36" W 2950.62 ft.;
[2) S 44 deg. 02' 00" W 1300.00 ft. to a point for a
Southwesterly angle corner of this tract;
[THENCE crossing the interior of said LaSalle Holdings (811.38
acre) tract with a Southwesterly line of this tract, N 45 deg. 39'
03" W 4231.53 ft. to a point in the Southeast line of Hays County
Road No. 158 and in the Northwest line of said LaSalle Holdings
(811.38 acre) tract and being the most Westerly corner of this
tract, and from which a 1/2" iron rod found in the Southeast line of
Hays County Road No. 158 and in the Northwest line of said LaSalle
Holdings (811.38 acre) tract bears S 43 deg. 26' 25" W 605.66 ft.;
[THENCE with the Southeast line of Hays County Road No. 158 and with
the Northwest line of said LaSalle Holdings (811.38 acre) tract,
the following three (3) courses;
[1) N 43 deg. 26' 25" E 482.55 ft. to a capped iron rod found
(marked "Byrn");
[2) N 43 deg. 23' 06" E 1527.54 ft.;
[3) N 43 deg. 39' 30" E 1505.40 ft. to a capped iron rod found
(marked "Byrn") for an angle corner of said LaSalle Holdings
(811.38 acre) tract and for the West corner of that certain (1.00
acre) tract of land as conveyed to Drue B. Ewald, et ux, by deed
recorded in Volume 269 Page 202 of the Deed Records of Hays County,
Texas;
[THENCE leaving the Southeast line of Hays County Road No. 158 with
the common line of said LaSalle Holdings (811.38 acre) tract, the
following two (2) courses;
[1) S 44 deg. 58' 54" E 221.56 ft. to a capped iron rod found
(marked "Jones-Carter");
[2) N 43 deg. 24' 04" E 198.54 ft. to a 1/2" iron rod found for
an angle corner of said LaSalle Holdings (811.38 acre) tract and for
the East corner of said Ewald (1.00 acre) tract and being angle
corner of this tract;
[THENCE with the Northeast line of said LaSalle Holdings (811.38
acre) tract, the following three (3) courses;
[1) S 46 deg. 09' 07" E 3771.42 ft.;
[2) S 45 deg. 57' 07" E 2455.99 ft.;
[3) S 46 deg. 02' 10" E 1031.75 ft. to the PLACE OF BEGINNING,
containing 535.54 acres of land.]
SECTION 4. (a) All governmental and proprietary actions of
the LaSalle Municipal Utility District No. 4 taken before the
effective date of this Act, including the creation of the district,
the consent to create the district granted by the City of San
Marcos, the consent agreement relating to the district and any
amendments to that agreement, and any extension of time in which to
hold a confirmation election for the district, are validated,
ratified, and confirmed in all respects.
(b) This section does not apply to any matter that on the
effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final court
judgment; or
(2) has been held invalid by a final court judgment.
SECTION 5. (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 6. For purposes of Section 8475.052(b)(2), Special
District Local Laws Code, as amended by this Act, the effective date
of the temporary directors' designation is the effective date of
this Act.
SECTION 7. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4313 was passed by the House on May
19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4313 was passed by the Senate on May
24, 2017, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor