Bill Text: TX HB4314 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the temporary board of and financing of certain facilities and improvements by the LaSalle Municipal Utility District No. 5; providing authority to impose an assessment.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2017-06-15 - Vetoed by the Governor [HB4314 Detail]
Download: Texas-2017-HB4314-Introduced.html
Bill Title: Relating to the temporary board of and financing of certain facilities and improvements by the LaSalle Municipal Utility District No. 5; providing authority to impose an assessment.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2017-06-15 - Vetoed by the Governor [HB4314 Detail]
Download: Texas-2017-HB4314-Introduced.html
85R18660 SLB-F | ||
By: Isaac | H.B. No. 4314 |
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relating to the temporary board of and financing of certain | ||
facilities and improvements by the LaSalle Municipal Utility | ||
District No. 5; providing authority to impose an assessment. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 8476.052(a) and (b), Special District | ||
Local Laws Code, are amended to read as follows: | ||
(a) The temporary board consists of: | ||
(1) Jack Wilhelm; | ||
(2) David Tuckfield; | ||
(3) Jon Cobb; | ||
(4) Bob Ruggio; and | ||
(5) Adam Van Ackeren [ |
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(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8476.003; or | ||
(2) the fourth anniversary of the effective date of | ||
their designation [ |
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SECTION 2. Chapter 8476, Special District Local Laws Code, | ||
is amended by adding Subchapter F to read as follows: | ||
SUBCHAPTER F. ASSESSMENTS; APPLICABILITY OF ASSESSMENTS | ||
Sec. 8476.251. 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. 8476.252. 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. 8476.253. 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. 8476.254. 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. 8476.255. 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 503, Acts of the 83rd | ||
Legislature, Regular Session, 2013, is amended to read as follows: | ||
Sec. 2. The LaSalle Municipal Utility District No. 5 | ||
initially includes all the territory contained in the following | ||
area: | ||
DESCRIPTION OF A TRACT OF LAND CONTAINING 272.071 ACRES OF | ||
LAND OUT OF THE WILLIAM HEMPHILL SURVEY, ABSTRACT NO. 221, SITUATED | ||
IN HAYS COUNTY, TEXAS, BEING A PORTION OF THE 811.38 ACRE TRACT | ||
CONVEYED TO LASALLE HOLDINGS LTD., BY DEED OF RECORD IN VOLUME 2909, | ||
PAGE 684, OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS; SAID | ||
272.071 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND | ||
BOUNDS AS FOLLOWS: | ||
BEGINNING AT A 1/2-INCH IRON ROD FOUND AT THE MOST SOUTHERLY | ||
CORNER OF SAID 811.38 ACRE TRACT, SAID POINT BEING THE NORTHERLY | ||
COMMON CORNER OF THE 305 ACRE TRACT CONVEYED TO CEDAR STUMP LP, BY | ||
DEED OF RECORD IN VOLUME 1489, PAGE 800, OF SAID OFFICIAL PUBLIC | ||
RECORDS, AND OF THE 199.17 ACRE TRACT CONVEYED TO KYLE THREE | ||
PARTNERS LP, BY DEED OF RECORD IN VOLUME 2940, PAGE 195, OF SAID | ||
OFFICIAL PUBLIC RECORDS, FOR THE MOST SOUTHERLY CORNER AND POINT OF | ||
BEGINNING HEREOF; | ||
THENCE, ALONG THE COMMON LINE OF SAID 199.17 ACRE TRACT, AND | ||
OF SAID 811.38 ACRE TRACT, GENERALLY WITH A BARBED WIRE FENCE, THE | ||
FOLLOWING THIRTEEN (13) COURSES AND DISTANCES: | ||
1) N54°50'51"W, A DISTANCE OF 771.35 FEET TO A FOUND 1/2-INCH | ||
IRON ROD; | ||
2) S82°34'23"W, A DISTANCE OF 840.87 FEET TO A FOUND 1/2-INCH | ||
IRON ROD; | ||
3) N52°52'15"W, A DISTANCE OF 690.88 FEET TO A FOUND 1/2-INCH | ||
IRON ROD; | ||
4) N62°34'40"W, A DISTANCE OF 68.98 FEET TO A FOUND 1/2-INCH | ||
IRON ROD; | ||
5) N68°34'23"W, A DISTANCE OF 56.45 FEET TO A FOUND 1/2-INCH | ||
IRON ROD; | ||
6) N72°57'43"W, A DISTANCE OF 88.21 FEET TO A FOUND 1/2-INCH | ||
IRON ROD; | ||
7) N73°27'40"W, A DISTANCE OF 53.90 FEET TO A FOUND 1/2-INCH | ||
IRON ROD; | ||
8) N78°51'26"W, A DISTANCE OF 427.41 FEET TO A FOUND 1/2-INCH | ||
IRON ROD WITH "BYRN" CAP; | ||
9) N88°42'40"W, A DISTANCE OF 82.89 FEET TO A FOUND 1/2-INCH | ||
IRON ROD WITH "BYRN" CAP; | ||
10) S89°20'36"W, A DISTANCE OF 252.54 FEET TO A FOUND WOOD | ||
FENCE POST; | ||
11) N78°22'26"W, A DISTANCE OF 289.01 FEET TO A FOUND WOOD | ||
FENCE POST; | ||
12) N70°19'37"W, A DISTANCE OF 133.26 FEET TO A FOUND | ||
1/2-INCH IRON ROD; | ||
13) N65°54'03"W, A DISTANCE OF 1059.47 FEET TO A 1/2-INCH | ||
IRON ROD FOUND ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF COUNTY | ||
ROAD 158 (UNDEDICATED RIGHT-OF-WAY), AS USED ON THE GROUND; | ||
THENCE ALONG THE COMMON LINE OF SAID 811.38 ACRE TRACT AND OF | ||
THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF COUNTY ROAD 158, THE | ||
FOLLOWING TWO (2) COURSES AND DISTANCES: | ||
1) N42°58'24"E, A DISTANCE OF 3,243.10 FEET TO A FOUND | ||
1/2-INCH IRON ROD; | ||
2) N42°52'47"E, A DISTANCE OF 570.78 FEET TO A CALCULATED | ||
POINT; | ||
THENCE OVER AND ACROSS SAID 811.38 ACRE TRACT THE FOLLOWING | ||
TWO (2) COURSES AND DISTANCES: | ||
1) S45°40'51"E, A DISTANCE OF 942.00 FEET TO A CALCULATED | ||
POINT; | ||
2) S46°24'34"E, A DISTANCE OF 3,289.74 FEET TO A CALCULATED | ||
POINT ON THE NORTHWESTERLY LINE OF SAID 305 ACRE TRACT; | ||
THENCE ALONG THE COMMON LINE OF SAID 811.38 ACRE TRACT AND OF | ||
SAID 305 ACRE TRACT, S43°29'59"W, A DISTANCE OF 1,830.79 FEET THE | ||
POINT OF BEGINNING, AND CONTAINING 272.071 ACRES OF LAND, MORE OR | ||
LESS. | ||
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SECTION 4. (a) All governmental and proprietary actions of | ||
the LaSalle Municipal Utility District No. 5 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 8476.052(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. |