Bill Text: TX HB4578 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Lakeview Point Municipal Utility District of Palo Pinto County; 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: (Passed) 2021-06-15 - Effective immediately [HB4578 Detail]
Download: Texas-2021-HB4578-Introduced.html
Bill Title: Relating to the creation of the Lakeview Point Municipal Utility District of Palo Pinto County; 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: (Passed) 2021-06-15 - Effective immediately [HB4578 Detail]
Download: Texas-2021-HB4578-Introduced.html
87R10378 MP-F | ||
By: Rogers | H.B. No. 4578 |
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relating to the creation of the Lakeview Point Municipal Utility | ||
District of Palo Pinto 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 8483 to read as follows: | ||
CHAPTER 8483. LAKEVIEW POINT MUNICIPAL UTILITY DISTRICT OF PALO | ||
PINTO COUNTY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8483.0101. 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 Lakeview Point Municipal | ||
Utility District of Palo Pinto County. | ||
Sec. 8483.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8483.0103. 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. 8483.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
8483.0103 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. 8483.0105. 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. 8483.0106. 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. 8483.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8483.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 8483.0202. TEMPORARY DIRECTORS. (a) The temporary | ||
directors are as follows: | ||
(1) Brad Andrus; | ||
(2) Josh Westrom; | ||
(3) Casey Griffin; | ||
(4) CB Standridge; and | ||
(5) Chad Jacobson. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8483.0103; 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 8483.0103 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 8483.0103; 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. 8483.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8483.0302. 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. 8483.0303. 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. 8483.0304. 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. 8483.0305. 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. 8483.0401. 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 8483.0403. | ||
(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. 8483.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8483.0401, 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. 8483.0403. 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. 8483.0501. 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. 8483.0502. 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. 8483.0503. 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 Lakeview Point Municipal Utility District of | ||
Palo Pinto County initially includes all the territory contained in | ||
the following area: | ||
Of an 11.145 acres tract of land out of the A.J. Smith Survey, | ||
Abstract No. 393, Palo Pinto County, Texas; being all of a certain | ||
11.016 acres tract described in Volume 2137, Page 415 and all of a | ||
certain 0.079 acre tract (Tract 1) and a certain 0.052 acre tract | ||
(Tract 2), both described in Volume 2057, Page 415, Official Public | ||
Records, Palo Pinto County, Texas; and being further described by | ||
metes and bounds as follows: | ||
Beginning at a found "X" on a rock (N: 7006350.06, E: | ||
1978199.72) for the northwest and beginning corner of this tract. | ||
Whence the Brazos River Authority GPS Control Monument 04, recorded | ||
in Volume 1697, Page 8 of said Official Public Records, bears N. 75 | ||
deg. 46 min. 29 sec. E. 5886.31 feet. | ||
Thence S. 59 deg. 51 min. 03 sec. E. 208.44 feet to a found | ||
1/2" iron rod with cap (PRICE SURVEYING) in the west line of Park | ||
Road 36 for the northeast corner of this tract. Thence along the | ||
west line of said Park Road 36 the following courses and distances: | ||
S. 36 deg. 30 min. 37 sec. W. 6.19 feet to a set 60D nail | ||
S. 19 deg. 23 min. 33 sec. W. 33.81 feet to a set 60D nail | ||
S. 04 deg. 23 min. 03 sec. W. 47.11 feet to a set 60D nail | ||
S. 06 deg. 52 min. 40 sec. E. 45.65 feet to a found 1/2" iron | ||
rod for a corner of this tract | ||
Thence S. 65 deg. 55 min. 59 sec. E. 70.41 feet to a found 60D | ||
nail at the southwest corner of Lot 10 as described in Volume 1803, | ||
Page 331 of said Official Public Records for a corner of this tract. | ||
Thence N. 81 deg. 42 min. 58 sec. E. 41.73 feet to a set "MAG" | ||
nail for a corner of this tract and said Lot 10. | ||
Thence N. 52 deg. 52 min. 44 sec. E. 37.50 feet to a set "MAG" | ||
nail at the southeast corner of said Lot 10 and at the 1000 foot | ||
contour line of Possum Kingdom Lake for a corner of this tract. | ||
Thence along the meanders of the 1000 foot contour line of | ||
said Possum Kingdom Lake the following courses and distances: | ||
N. 88 deg. 52 min. 31 sec. E. 6.87 feet | ||
S. 62 deg. 40 min. 20 sec. E. 5.98 feet | ||
S. 69 deg. 27 min. 26 sec. E. 8.07 feet | ||
S. 38 deg. 46 min. 00 sec. E. 9.52 feet | ||
S. 68 deg. 08 min. 05 sec. E. 5.15 feet | ||
S. 82 deg. 10 min. 16 sec. E. 20.65 feet | ||
S. 66 deg. 09 min. 14 sec. E. 23.66 feet | ||
S. 45 deg. 58 min. 50 sec. E. 34.36 feet | ||
S. 43 deg. 18 min. 23 sec. E. 33.89 feet | ||
S. 51 deg. 26 min. 53 sec. E. 33.33 feet | ||
S. 62 deg. 04 min. 11 sec. E. 18.56 feet | ||
S. 54 deg. 43 min. 48 sec. E. 9.16 feet | ||
S. 75 deg. 56 min. 36 sec. E. 10.10 feet | ||
S. 59 deg. 55 min. 36 sec. E. 8.54 feet | ||
S. 71 deg. 41 min. 52 sec. E. 12.35 feet | ||
S. 78 deg. 30 min. 38 sec. E. 30.09 feet | ||
S. 77 deg. 24 min. 00 sec. E. 22.41 feet | ||
N. 86 deg. 51 min. 44 sec. E. 34.38 feet | ||
S. 86 deg. 24 min. 52 sec. E. 37.71 feet | ||
S. 88 deg. 40 min. 25 sec. E. 12.37 feet | ||
N. 73 deg. 33 min. 46 sec. E. 14.36 feet | ||
S. 71 deg. 25 min. 08 sec. E. 27.56 feet | ||
S. 66 deg. 10 min. 35 sec. E. 29.95 feet | ||
S. 46 deg. 51 min. 09 sec. E. 18.95 feet | ||
S. 07 deg. 22 min. 19 sec. E. 11.59 feet | ||
S. 04 deg. 17 min. 18 sec. W. 14.22 feet | ||
S. 20 deg. 28 min. 13 sec. W. 20.89 feet | ||
S. 34 deg. 40 min. 48 sec. W. 21.39 feet | ||
S. 30 deg. 30 min. 00 sec. W. 19.50 feet | ||
S. 48 deg. 02 min. 14 sec. W. 18.15 feet | ||
S. 70 deg. 18 min. 02 sec. W. 25.03 feet | ||
S. 66 deg. 55 min. 12 sec. W. 36.67 feet | ||
S. 84 deg. 13 min. 21 sec. W. 35.95 feet | ||
N. 80 deg. 16 min. 45 sec. W. 10.62 feet | ||
S. 47 deg. 03 min. 57 sec. W. 86.98 feet | ||
S. 22 deg. 36 min. 32 sec. E. 15.63 feet | ||
S. 39 deg. 29 min. 12 sec. E. 7.94 feet | ||
S. 51 deg. 23 min. 33 sec. W. 64.51 feet | ||
N. 66 deg. 33 min. 27 sec. W. 0.68 feet | ||
S. 53 deg. 41 min. 31 sec. W. 38.64 feet | ||
S. 39 deg. 53 min. 28 sec. W. 32.73 feet | ||
S. 47 deg. 41 min. 33 sec. E. 6.22 feet | ||
S. 50 deg. 14 min. 48 sec. W. 1.01 feet | ||
N. 47 deg. 41 min. 33 sec. W. 7.76 feet | ||
S. 50 deg. 40 min. 29 sec. W. 21.21 feet | ||
S. 63 deg. 05 min. 58 sec. W. 19.55 feet | ||
S. 00 deg. 40 min. 33 sec. E. 11.39 feet | ||
S. 22 deg. 47 min. 18 sec. W. 1.64 feet | ||
S. 55 deg. 51 min. 23 sec. W. 8.23 feet | ||
S. 48 deg. 50 min. 26 sec. W. 6.60 feet | ||
S. 56 deg. 47 min. 02 sec. W. 10.96 feet | ||
S. 67 deg. 06 min. 42 sec. W. 11.46 feet | ||
S. 70 deg. 29 min. 29 sec. W. 10.75 feet | ||
N. 72 deg. 58 min. 19 sec. W. 2.12 feet | ||
N. 22 deg. 52 mm. 48 sec. W. 11.09 feet | ||
N. 55 deg. 45 min. 05 sec. W. 2.58 feet | ||
S. 62 deg. 56 min. 55 sec. W. 4.59 feet | ||
S. 79 deg. 31 min. 15 sec. W. 7.89 feet | ||
S. 20 deg. 50 min. 44 sec. W. 3.05 feet | ||
S. 63 deg. 37 min. 54 sec. W. 11.64 feet | ||
S. 68 deg. 08 min. 12 sec. W. 15.87 feet | ||
S. 71 deg. 23 min. 43 sec. W. 26.77 feet | ||
S. 78 deg. 09 min. 18 sec. W. 15.64 feet | ||
S. 65 deg. 34 min. 21 sec. W. 1.90 feet | ||
S. 73 deg. 21 min. 54 sec. W. 31.80 feet | ||
S. 66 deg. 03 min. 45 sec. W. 22.96 feet | ||
S. 54 deg. 33 min. 00 sec. W. 12.70 feet to a found 3/8" | ||
spike at the northeast comer of Lot 6 as described in | ||
Volume 2121, Page 199 of said Official Public Record for | ||
a comer of this tract | ||
Thence N. 76 deg. 13 min. 57 sec. W. 13.74 feet to a point for | ||
a comer of this tract and said Lot 6. | ||
Thence S. 74 deg. 30 min. 45 sec. W. at 26.05 feet pass a found | ||
"X" on rock and in all 49.59 feet to a found 60d nail for a comer of | ||
this tract and said Lot 6. | ||
Thence N. 85 deg. 33 min. 11 sec. W. 74.46 feet to a found | ||
drilled hole in concrete drive for a comer of this tract and said | ||
Lot 6. | ||
Thence N. 59 deg. 14 min. 19 sec. W. 86.83 feet to a found 1/2" | ||
iron rod with cap (PRICE SURVEYING) in the northwest line of said | ||
Park Road 36 for an ell comer of this tract. | ||
Thence along the northwest line of said Park Road 36 the | ||
following courses and distances: | ||
S. 46 deg. 34 min. 23 sec. W. 107.53 feet to a found 60D nail | ||
S. 45 deg. 50 min. 39 sec. W. 6.14 feet to a found 60D nail | ||
S. 48 deg. 28 mm. 48 sec. W. 51.72 feet to a found 1/2" iron | ||
rod with cap (PRICE SURVEYING) for an ell comer of this tract | ||
Thence S. 26 deg. 03 min. 21 sec. E. 9.95 feet to a found 1/2" | ||
iron rod for a comer of this tract. | ||
Thence S. 53 deg. 56 min. 39 sec. W. 110.40 feet to a found | ||
1/2" iron rod for a comer of this tract. | ||
Thence S. 58 deg. 41 min. 39 sec. W. 61.78 feet to a found 1/2" | ||
iron rod for the most southerly southwest comer of this tract. | ||
Thence N. 36 deg. 05 mm. 21 sec. W. 144.50 feet to a found 1/2" | ||
iron rod for a comer of this tract. | ||
Thence N. 58 deg. 31 min. 39 sec. E. 196.30 feet to a set 1/2" | ||
iron rod with cap (PRICE SURVEYING) for an ell corner of this tract. | ||
Thence N. 59 deg. 48 min. 35 sec. W. 200.20 feet to a set 1/2" | ||
iron rod with cap (PRICE SURVEYING) for the most westerly southwest | ||
corner of this tract. | ||
Thence N. 30 deg. 06 min. 00 sec. E. 740.07 feet to the place | ||
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 | ||
8483, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8483.0306 to read as follows: | ||
Sec. 8483.0306. 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. |