Bill Text: TX HB4540 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to the creation of the Hillcrest North Municipal Utility District of Wise County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2021-05-08 - Laid on the table subject to call [HB4540 Detail]

Download: Texas-2021-HB4540-Introduced.html

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87R8850 ANG-F
By: King of Parker H.B. No. 4540

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Hillcrest North Municipal Utility
District of Wise County; 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 8017 to read as follows:
CHAPTER 8017. HILLCREST NORTH MUNICIPAL UTILITY DISTRICT OF WISE
COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8017.0101. 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 Hillcrest North Municipal
Utility District of Wise County.
Sec. 8017.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8017.0103. CONFIRMATION AND DIRECTOR 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. 8017.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8017.0103 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. 8017.0105. 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. 8017.0106. 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. 8017.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8017.0202, directors
serve staggered four-year terms.
Sec. 8017.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Lisa Smith;
(2) Alma Blanco;
(3) Charlotte Ann Pollett;
(4) Carter Posey; and
(5) Scott Toner.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8017.0103; 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 8017.0103 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 8017.0103; 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. 8017.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8017.0302. 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. 8017.0303. 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. 8017.0304. 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. 8017.0305. 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.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8017.0401. 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 8017.0403.
(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. 8017.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8017.0401, 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. 8017.0403. 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. 8017.0501. 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. 8017.0502. 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. 8017.0503. 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 Hillcrest North Municipal Utility District
of Wise County initially includes all the territory contained in
the following area:
PHASE ONE:
129.531 acres of land situated in the ASA HILL SURVEY, ABSTRACT NO.
363, Wise County, Texas, being the tracts described as First Tract
and Second Tract, described by deed to Russell Hayes Stephens,
recorded in Volume 1307, Page 563, Real Records, Wise County, Texas
and being more particularly described as follows:
BEGINNING at a 5/8" iron rod found for the Southwest corner of said
First Tract, said point being, per deed call, WEST, 1436.11 feet and
S 16 °34'43" W, 4451.44 feet from the northeast corner of said HILL
SURVEY, for the Northwest corner of that certain tract of land
described by deed to The Harry and Jherrie Logan Family Limited
Partnership, recorded in Volume 1634, Page 559, Real Records, Wise
County, Texas;
THENCE N 00°27'31" W, along the West line of said First Tract,
3251.80 feet to a 1/2" capped iron rod found for the Southwest
corner of that certain tract of land described by deed to George I.
Caballero and Michele L. Caballero, recorded in Volume 881, Page
568, Real Records, Wise County, Texas;
THENCE N 88°16'12" E, along the South line of said Caballero tract,
381.67 feet from which a 4" metal fence post bears N 48°27'59" W,
0.69 feet;
THENCE N 01°47'57" E, along the East line of said Caballero tract, at
959.66 feet passing a 3" metal fence post found, continuing in all,
979.48 feet to the approximate center of County Road No. 4010 (a
variable width Right-of-Way);
THENCE N 88°26'01" E, along the approximate center of said County
Road No. 4010, passing the northeast corner of said First Tract and
the northwest corner of said Second Tract, continuing along the
approximate center of said County Road No. 4010, in all, 884.25
feet;
THENCE S 00°14'44" W, along the East line of said Second Tract, at
22.94 feet passing a 4" metal fence corner post found, continuing in
all, 1736.40 feet to a 4" metal fence corner post found;
THENCE N 88°59'44" E, 216.87 feet to a 4" metal fence post found;
THENCE S 00°31'11" E, along the East line of said Second Tract,
2551.64 feet to a 4" metal fence corner post found for the Southeast
corner of said Second Tract, from which a 3" metal fence post found
for the Northeast corner of said Logan tract bears S 89°13'59" E,
1162.91 feet;
THENCE N 89°19'26" W, along the South line of said Second Tract,
passing the southwest corner of said Second Tract and the southeast
corner of said First Tract, continuing, in all, 1502.78 feet to the
POINT OF BEGINNING and containing 129.531 acres of land.
PHASE TWO:
WHEREAS FFILP LAND HOLDINGS LLC., BEING THE OWNERS OF A 172.359
ACRES TRACT OF LAND OUT OF THE J. LEVINS SURVEY, ABSTRACT NO. 489,
WISE COUNTY, TEXAS; BEING ALL OF THAT CERTAIN TRACT AS RECORDED IN
DOC. NO. 201915186, REAL PROPERTY RECORDS, WISE COUNTY, TEXAS; AND
BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
THE FOLLOWING BEARINGS, DISTANCES, AND/OR AREAS DERIVED FROM GNSS
OBSERVATIONS PERFORMED BY TEXAS SURVEYING, INC. AND REFLECT N.A.D.
1983, TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202
(GRID).
BEGINNING AT A SET 1/2" CAPPED IRON ROD (TEXAS SURVEYING, INC.) IN
THE EAST LINE OF THAT CALLED 72 ACRES TRACT DESCRIBED IN VOLUME
2416, PAGE 558, R.P.R.W.C.T., AND AT THE SOUTHWEST CORNER OF SAID
DOC. NO. 201915186, FOR THE SOUTHWEST AND BEGINNING CORNER OF THIS
TRACT. WHENCE THE NORTHWEST CORNER OF OAK TREE FARMS, PHASE I, AS
RECORDED IN CABINET D, SLIDE 159, PLAT RECORDS, WISE COUNTY, TEXAS
BEARS S 41°31'13" W 529.04 FEET.
THENCE N 00°49'04" W 1888.27 FEET ALONG THE EAST LINE OF SAID 72
ACRES TRACT TO A 3" STEEL FENCE POST AT THE SOUTHWEST CORNER OF THAT
CALLED 303.087 ACRES TRACT DESCRIBED IN VOLUME 2015, PAGE 238,
R.P.R.W.C.T., AND AT THE NORTHWEST CORNER OF SAID DOC. NO.
201915186, FOR THE NORTHWEST CORNER OF THIS TRACT.
THENCE N 89°09'34" E 3629.87 FEET ALONG THE SOUTH LINE OF SAID
303.087 ACRES TRACT TO A FOUND 2" IRON PIPE AT THE COMMON SOUTHERN
CORNER OF SAID 303.087 ACRES TRACT AND THAT CALLED 454.8 ACRES TRACT
DESCRIBED IN VOLUME 476, PAGE 415, R.P.R.W.C.T., FOR A CORNER OF
THIS TRACT.
THENCE N 89°09'18" E 866.12 FEET ALONG THE SOUTH LINE OF SAID 454.8
ACRES TRACT TO A FOUND 1/2" IRON ROD AT A CORNER IN THE WEST LINE OF
THAT CALLED 151.559 ACRES TRACT DESCRIBED IN VOLUME 1196, PAGE 229,
R.P.R.W.C.T., AND AT THE NORTHEAST CORNER OF SAID DOC. NO.
201915186, FOR THE NORTHEAST CORNER OF THIS TRACT.
THENCE ALONG THE WEST LINE OF SAID 151.559 ACRES TRACT AS FOLLOWS:
S 02°36'08" E 629.26 FEET TO A FOUND 1/2" IRON ROD, FOR A CORNER OF
THIS TRACT.
S 89°59'10" W 756.80 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
SURVEYING, INC.), FOR AN ELL CORNER OF THIS TRACT.
S 00°13'36" E 1225.52 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
SURVEYING, INC.) AT THE SOUTHEAST CORNER OF SAID DOC. NO.
201915186, FOR THE SOUTHEAST CORNER OF THIS TRACT.
THENCE ALONG THE SOUTH LINE OF SAID DOC. NO. 201915186 THE FOLLOWING
COURSES AND DISTANCES:
S 88°28'24" W 1314.90 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
SURVEYING, INC.) AT THE BEGINNING OF A CURVE TO THE RIGHT, FOR A
CORNER OF THIS TRACT.
ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 380.00
FEET, AN ARC LENGTH OF 226.27 FEET, AND WHOSE CHORD BEARS S 17°43'20"
E 222.94 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS SURVEYING, INC.)
FOR A CORNER OF THIS TRACT.
S 00°39'50" E 85.92 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
SURVEYING, INC.) FOR A CORNER OF THIS TRACT.
S 88°28'24" W 60.01 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
SURVEYING, INC.) FOR A CORNER OF THIS TRACT.
N 00°39'50" W 86.82 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
SURVEYING, INC.) AT THE BEGINNING OF A CURVE TO THE LEFT, FOR A
CORNER OF THIS TRACT.
ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 320.00
FEET, AN ARC LENGTH OF 224.23 FEET, AND WHOSE CHORD BEARS N 20°44'16"
W 219.67 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS SURVEYING, INC.)
FOR A CORNER OF THIS TRACT.
N 40°48'42" W 7.43 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
SURVEYING, INC.) FOR A CORNER OF THIS TRACT.
S 88°28'24" W 1697.99 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
SURVEYING, INC.) FOR A CORNER OF THIS TRACT.
S 01°31'36" E 300.00 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
SURVEYING, INC.) FOR A CORNER OF THIS TRACT.
S 88°28'24" W 60.00 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
SURVEYING, INC.) FOR A CORNER OF THIS TRACT.
N 01°31'36" W 300.00 FEET TO A SET 1/2" CAPPED IRON ROD (TEXAS
SURVEYING, INC.) FOR A CORNER OF THIS TRACT.
S 88°28'24" W 598.81 FEET TO THE POINT OF BEGINNING.
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
8017, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8017.0306 to read as follows:
Sec. 8017.0306. 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, 2021.