Bill Text: TX HB4582 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the creation of the Brazoria County Municipal Utility District No. 79; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-05-08 - Laid on the table subject to call [HB4582 Detail]
Download: Texas-2021-HB4582-Introduced.html
87R10599 SGM-F | ||
By: Thompson of Brazoria | H.B. No. 4582 |
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relating to the creation of the Brazoria County Municipal Utility | ||
District No. 79; 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 8151 to read as follows: | ||
CHAPTER 8151. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 79 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8151.0101. 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 Brazoria County Municipal | ||
Utility District No. 79. | ||
Sec. 8151.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8151.0103. 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. 8151.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
8151.0103 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. 8151.0105. 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. 8151.0106. 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. 8151.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8151.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 8151.0202. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) Mark C. Wargo; | ||
(2) Kathleen English; | ||
(3) Inna Babbitt; | ||
(4) Linda Houston; and | ||
(5) John B. Tickle. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8151.0103; 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 8151.0103 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 8151.0103; 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. 8151.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8151.0302. 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. 8151.0303. 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. 8151.0304. 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. 8151.0305. 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. 8151.0401. 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 8151.0403. | ||
(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. 8151.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8151.0401, 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. 8151.0403. 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. 8151.0501. 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. 8151.0502. 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. 8151.0503. 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 Brazoria County Municipal Utility District | ||
No. 79 initially includes all the territory contained in the | ||
following area: | ||
Being 79.905 acres of land located in the A. C. H. & B. R. R. | ||
Co. Survey, Section 90 also known as the Kate R. Ehrmann Survey, | ||
Abstract 459 of Brazoria County, Texas, more particularly being a | ||
portion of Block "O" of the Allison Richey Gulf Coast Home Company | ||
Part of Suburban Gardens, a subdivision of record in Volume 2, Page | ||
91 & 92, Plat Records, Brazoria County, Texas (B.C.P.R.) more | ||
particularly being all of those certain tracts called 2.2229 acres | ||
(referred to as Tract B), 16.6700 acres (referred to as Tract C), | ||
46.8412 acres (referred to as Tract D), 14.1479 acres (referred to | ||
as Tract E) conveyed to VDB Partners, Ltd, by instrument of record | ||
in File Number 99-050835, Official Records of Brazoria County, | ||
Texas (B.C.O.R.), all of those certain tracts called 46.8412 acres | ||
(referred to as Tract D), and 14.1479 acres (referred to as Tract E) | ||
conveyed to VDB Partners, Ltd, by instrument of record in File | ||
Number 99- 050834, B.C.O.R. and in an affidavit to correct legal | ||
description of record under File Number 2006000883, B.C.O.R., said | ||
79.905 acres being more particularly described by metes and bounds | ||
in two tracts, Tract One being 16.447 acres and Tract Two being | ||
63.458 acres as follows (all bearings referenced to the Texas | ||
Coordinate System, South Central Zone, NAO 83 (1993 adjustment)); | ||
TRACT ONE | ||
BEGINNING at a 5/8-inch iron rod found for a re-entrant | ||
corner on the north line of that certain called 99.9653 acre tract | ||
conveyed to SLP 288 and Rodeo Palms II, LP, by instrument of record | ||
in File No. 2004064049, B.C.O.R.; | ||
Thence, North 03° 08' 38" West, along the west line of said | ||
14.1479 acre tract and the most northerly east line of said 99.9653 | ||
acre tract, 333.68 feet to a 5/8-inch iron rod with cap stamped "LA | ||
THOMPSON 3987" found for the most northerly northeast corner of | ||
said 99.9653 acre tract, same being the southeast corner of Lot 19, | ||
Section 90 of the Allison Richey Gulf Coast Home Company Part of | ||
Suburban Gardens, a subdivision of record in Volume 2, Page 98, | ||
B.C.P.R.; | ||
Thence, North 03° 19' 05" West, continuing along the west line | ||
of said 14.1479 acre tract and along the east line of said Lot 19 and | ||
Lot 18 of said subdivision, passing at 1,318.43 feet a TXDOT | ||
concrete right-of-way monument found for the northeast corner of | ||
said Lot 18 and for an angle point on the easterly right-of-way line | ||
of State Highway 288 (width varies), from which a found TXDOT | ||
concrete right-of-way monument bears South 85° 24' 57" West, 7.42 | ||
feet for an angle point on said easterly right-of-way line, and | ||
continuing along said easterly right-of-way line and said west line | ||
in all 1,354.07 feet to a 5/8-inch iron rod with cap stamped "LJA | ||
ENG" set for an angle point on said easterly right-of-way line; | ||
Thence, North 09° 45' 18" East, continuing along said 14.1479 | ||
acre tract and said easterly right-of-way line, passing at 472.50 | ||
feet a 5/8-inch iron rod found for the common west corner of said | ||
14.1479 acre tract and the aforementioned 2.2229 acre tract, and | ||
continuing along the common line of said easterly right-of-way line | ||
and the westerly line of said 2.2229 acre tract, in all 865.71 feet | ||
to a TXDOT concrete right-of-way monument found for an angle point | ||
on said easterly right-of-way line, the beginning of a curve; | ||
Thence, continuing along said common line, 251.31 feet along | ||
the arc of a non-tangent curve to the left having a radius of | ||
1,195.92 feet, a central angle of 12° 02' 25", and a chord that bears | ||
North 03° 59' 19" East, 250.85 feet to a TXDOT concrete right-of-way | ||
monument found for the point of tangency of said easterly | ||
right-of-way line; | ||
Thence, North 02° 01' 53" West, continuing along said common | ||
line, 23.81 feet to a 5/8- inch iron rod with cap stamped "LJA ENG" | ||
set for an angle point on said easterly right-of-way line; | ||
Thence, North 41° 22' 51" East, continuing along said common | ||
line, 139.94 feet to a 5/8- inch iron rod with cap stamped "LJA ENG" | ||
set for an angle point on said easterly right-of-way line, said | ||
point being the north corner of said 2.2229 acre tract and located | ||
at the intersection of said easterly right-of-way line and the west | ||
right-of-way line of County Road No. 82 (70 feet wide, AKA Iowa | ||
Lane); | ||
Thence, South 02° 27' 53" East, along said west right-of-way | ||
line and the east line of said 2.2229 acre tract, passing at 755.91 | ||
feet the common east corner of said 2.2229 and 14.1479 acre tracts, | ||
from which a found 5/8-inch iron rod bears North 81° 46' 31" West, | ||
2.79 feet and a found 1/2-inch iron rod bears South 05° 03' 37" | ||
East, 6.31 feet, and continuing along said west right-of-way line | ||
and the east line of said 14.1479 acre tract, in all 2,903.60 feet | ||
to a 5/8-inch iron rod with cap stamped "LJA ENG" set for the | ||
intersection of said west right-of-way line with the north line of | ||
said 99.9653 acre tract, from which a 5/8-inch iron rod bears North | ||
02° 27' 53" West, 1.68 feet; | ||
Thence, South 86° 42' 53" West, along the north line of said | ||
99.9653 acre tract, 284.45 feet the POINT OF BEGINNING and | ||
containing 16.447 acres of land. | ||
TRACT TWO | ||
BEGINNING at a 5/8-inch iron rod found for the northeast | ||
corner of that certain called 99.9653 acre tract conveyed to SLP 288 | ||
and Rodeo Palms II, LP, by instrument of record in File | ||
No. 2004064049, B.C.O.R.; | ||
Thence, South 86° 42' 53" West, along the most easterly north | ||
line of said 99.9653 acre tract, 964.95 feet to a 5/8-inch iron rod | ||
with cap stamped "LJA ENG" set for the intersection of the east | ||
right-of-way line of County Road No. 82 (70 feet wide, AKA Iowa | ||
Lane) with the north line of said 99.9653 acre tract; | ||
Thence, North 02° 27' 53" West, along said east right-of-way | ||
line, passing at 2,147.50 feet the common west corner of the | ||
aforementioned 46.8412 acre tract and the aforementioned 16.6700 | ||
acre tract, from which a found 5/8-inch iron rod bears North 71° 19' | ||
55" West, 2.93 feet and a found 1/2-inch iron rod bears South 25° 18' | ||
36" East, 6.82 feet, and continuing along said east right-of-way | ||
line and the west line of the aforementioned 16.6700 acre tract, in | ||
all 2,903.69 feet to a 5/8-inch iron rod with cap stamped "LJA ENG" | ||
set for the intersection of said east right- of-way line and | ||
easterly right-of-way line of State Highway 288 (width varies); | ||
Thence, North 86° 38' 43" East, along said easterly | ||
right-of-way line and along a north line of said 16.6700 acre tract, | ||
139.51 feet to a 5/8-inch iron rod found for an angle point on said | ||
easterly right-of-way line and a re-entrant corner on said north | ||
line; | ||
Thence, North 04° 30' 35" West, continuing along said easterly | ||
right-of-way line and said north line, 29.58 feet to a 5/8-inch iron | ||
rod found at the intersection of said easterly right-of-way line | ||
and the south right-of-way line of County Road 58 (called 60 feet | ||
wide); | ||
Thence, North 86° 44' 06" East, along said south right-of-way | ||
line and said north line, passing at 754.62 feet the common survey | ||
line of said A. C. H. & B. R. R. Co. Survey, Section 90 and the Mary | ||
V. O'Donnell! Survey, Abstract 469, of said Brazoria County, | ||
continuing in all | ||
784.31 feet to a 5/8-inch iron rod with cap stamped "LJA ENG" | ||
set for the northeast corner of said 16.6700 acre tract as described | ||
in File Number 99-050835, B.C.O.R.; | ||
Thence, South 03° 17' 19" East, along the record east line of | ||
said 16.6700 acre tract, passing at 785.03 feet the common east | ||
corner of said 16.6700 and 46.8412 acre tracts, and continuing | ||
along the record east line of said 46.8412 acre tract in all | ||
2,932.86 feet to the POINT OF BEGINNING and containing 63.458 acres | ||
of land. | ||
Said Tract One and Tract Two containing a total of 79.905 | ||
acres. | ||
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 | ||
8151, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8151.0306 to read as follows: | ||
Sec. 8151.0306. 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. |