Bill Text: TX HB4591 | 2021-2022 | 87th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Blue Meadow Municipal Utility District No. 1 of Collin 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 [HB4591 Detail]
Download: Texas-2021-HB4591-Comm_Sub.html
Bill Title: Relating to the creation of the Blue Meadow Municipal Utility District No. 1 of Collin 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 [HB4591 Detail]
Download: Texas-2021-HB4591-Comm_Sub.html
By: Sanford (Senate Sponsor - Springer) | H.B. No. 4591 | |
(In the Senate - Received from the House May 17, 2021; | ||
May 17, 2021, read first time and referred to Committee on Local | ||
Government; May 22, 2021, reported favorably by the following | ||
vote: Yeas 7, Nays 0; May 22, 2021, sent to printer.) | ||
|
||
|
||
relating to the creation of the Blue Meadow Municipal Utility | ||
District No. 1 of Collin 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 7929A to read as follows: | ||
CHAPTER 7929A. BLUE MEADOW MUNICIPAL UTILITY DISTRICT NO. 1 OF | ||
COLLIN COUNTY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7929A.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 Blue Meadow Municipal Utility | ||
District No. 1 of Collin County. | ||
Sec. 7929A.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7929A.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. 7929A.0104. CONDITIONS PRECEDENT TO CONFIRMATION | ||
ELECTION. (a) The temporary directors may not hold an election | ||
under Section 7929A.0103 until: | ||
(1) 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; and | ||
(2) the district has entered into a contract with a | ||
municipality, Collin County, or another entity: | ||
(A) for adequate supplemental police, fire, | ||
emergency, and animal control services for the district; and | ||
(B) that is approved by the Commissioners Court | ||
of Collin County under Subsection (c). | ||
(b) A contract under Subsection (a) may include a provision | ||
that the contract takes effect only on the approval of the | ||
Commissioners Court of Collin County and the voters in the district | ||
voting in an election held for that purpose. | ||
(c) The Commissioners Court of Collin County shall review a | ||
contract under Subsection (a) and evaluate the supplemental police, | ||
fire, emergency, and animal control services provided in the | ||
contract. If the commissioners court determines that the contract | ||
provides adequate services, the commissioners court shall adopt a | ||
resolution stating that the contract has met the requirements of | ||
Subsection (a). | ||
Sec. 7929A.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. 7929A.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. 7929A.0201. GOVERNING BODY; TERMS. (a) The district | ||
is governed by a board of five elected directors. | ||
(b) Except as provided by Section 7929A.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 7929A.0202. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) Philip Tomlinson; | ||
(2) Ben Nieswiadomy; | ||
(3) Wil Walters; | ||
(4) Connor Campbell; and | ||
(5) Bryce Garoutte. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 7929A.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 7929A.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 7929A.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. 7929A.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7929A.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. 7929A.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. 7929A.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. 7929A.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. | ||
Sec. 7929A.0306. DIVISION OF DISTRICT. (a) The district | ||
may be divided into two or more new districts only if the district: | ||
(1) has no outstanding bond debt; and | ||
(2) is not imposing ad valorem taxes. | ||
(b) This chapter applies to any new district created by | ||
division of the district, and a new district has all the powers and | ||
duties of the district. | ||
(c) A new district created by the division of the district | ||
may not, at the time the new district is created, contain any land | ||
outside the area described by Section 2 of the Act enacting this | ||
chapter. | ||
(d) The board, on its own motion or on receipt of a petition | ||
signed by the owner or owners of a majority of the assessed value of | ||
the real property in the district, may adopt an order dividing the | ||
district. | ||
(e) The board may adopt an order dividing the district | ||
before or after the date the board holds an election under Section | ||
7929A.0103 to confirm the district's creation. | ||
(f) An order dividing the district shall: | ||
(1) name each new district; | ||
(2) include the metes and bounds description of the | ||
territory of each new district; | ||
(3) appoint temporary directors for each new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between the new districts. | ||
(g) On or before the 30th day after the date of adoption of | ||
an order dividing the district, the district shall file the order | ||
with the commission and record the order in the real property | ||
records of each county in which the district is located. | ||
(h) Any new district created by the division of the district | ||
shall hold a confirmation and directors' election as required by | ||
Section 7929A.0103. If the voters of a new district do not confirm | ||
the creation of the new district, the assets, obligations, | ||
territory, and governance of the new district revert to the | ||
original district. | ||
(i) Municipal consent to the creation of the district and to | ||
the inclusion of land in the district granted under Section | ||
7929A.0104 acts as municipal consent to the creation of any new | ||
district created by the division of the district and to the | ||
inclusion of land in the new district. | ||
(j) Any new district created by the division of the district | ||
must hold an election as required by this chapter to obtain voter | ||
approval before the district may impose a maintenance tax or issue | ||
bonds payable wholly or partly from ad valorem taxes. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7929A.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 | ||
7929A.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. 7929A.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7929A.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. 7929A.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. 7929A.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. 7929A.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. 7929A.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 Blue Meadow Municipal Utility District No. 1 | ||
of Collin County initially includes all the territory contained in | ||
the following area: | ||
BEING all that tract of land in Collin County, Texas, out of | ||
the Jonathan Douthit Survey, A-251, and being part of that called | ||
196.345 acres, all of that called 169.531 acres, and part of that | ||
called 79.452 acres of land described as Tract I, Tract 2, Tract 3, | ||
respectively, in deed to Stonehollow Homes, LLC as recorded under | ||
CC# 20170322000362630 of the Official Public Records of Collin | ||
County, Texas, and being all of that called 75.012 acres of land | ||
described in deed to Stonehollow Homes, LLC as recorded under CC# | ||
20170104000011010 of the Official Public Records of Collin County, | ||
Texas, and being all of that called 37.530 acres of land in deed to | ||
Stonehollow Homes, LLC as recorded under CC# 20170104000011020 of | ||
the Official Public Records of Collin County, Texas, and being all | ||
of that called 37.432 acres of land described in deed to Stonehollow | ||
Homes, LLC as recorded under CC# 20170104000011000 of the Official | ||
Public Records of Collin County, Texas, and being further described | ||
as follows: | ||
BEGINNING at a 5/8 inch steel rod found at a turn in County | ||
Road No. 502, at the Southeast corner of said 196.345 acres, and at | ||
the Southwest corner of that called 10.363 acres of land described | ||
in deed to Byron Shelton and Sadie Shelton as recorded under CC# | ||
20190418000415530 of the Official Public Records of Collin County, | ||
Texas; | ||
THENCE North 89 degrees 50 minutes 47 seconds West, 99.86 | ||
feet to a 5/8 inch steel rod set; | ||
THENCE North 00 degrees 38 minutes 29 seconds East, 323.07 | ||
feet to a 5/8 inch steel rod set; | ||
THENCE North 89 degrees 21 minutes 31 seconds West, 2400.00 | ||
feet to a 5/8 inch steel rod set; | ||
THENCE South 00 degrees 38 minutes 29 seconds West, 300.00 | ||
feet to a 5/8 inch steel rod set; | ||
THENCE North 89 degrees 21 minutes 31 seconds West, 85.00 | ||
feet to a 5/8 inch steel rod set; | ||
THENCE North 00 degrees 38 minutes 29 seconds East, 300.00 | ||
feet to a 5/8 inch steel rod set; | ||
THENCE North 89 degrees 21 minutes 31 seconds West, 900.00 | ||
feet to a 5/8 inch steel rod set; | ||
THENCE South 00 degrees 38 minutes 29 seconds West, 300.00 | ||
feet to a 5/8 inch steel rod set; | ||
THENCE North 89 degrees 21 minutes 31 seconds West, 60.00 | ||
feet to a 5/8 inch steel rod set; | ||
THENCE North 00 degrees 38 minutes 29 seconds East, 300.00 | ||
feet to a 5/8 inch steel rod set; | ||
THENCE North 89 degrees 21 minutes 31 seconds West, 601.65 | ||
feet to a 5/8 inch steel rod set; | ||
THENCE South 00 degrees 19 minutes 52 seconds West, 340.05 | ||
feet to a 5/8 inch steel rod set to a point in the center of County | ||
Road No. 502; | ||
THENCE North 88 degrees 46 minutes 28 seconds West, 50.01 | ||
feet along the approximate center of said County Road No. 502 to a | ||
60d nail set at the Southwest corner of said 79.452 acres, and at | ||
the Southeast corner of that called 6.000 acres of land described as | ||
Tract I in deed to Alton W. Hopper as recorded under CC# | ||
20060407000462250 of the Official Public Records of Collin County, | ||
Texas; | ||
THENCE North 00 degrees 19 minutes 52 seconds East, 1291.43 | ||
feet to a 1/2 inch steel rod found at the Westerly most Northwest | ||
corner of said 79.452 acres, at the Northeast corner of that called | ||
11.621 acres of land described as Tract I in deed to Collin County | ||
as recorded in Volume 5910, Page 3146 of the Land Records of Collin | ||
County, Texas, and on the South line of that called 54 acres of land | ||
described in deed to Kimberly Cantrell Wright as recorded under CC# | ||
20080516000598880 of the Official Public Records of Collin County, | ||
Texas; | ||
THENCE North 89 degrees 41 minutes 48 seconds East, 130.95 | ||
feet to a 3/8 inch steel rod found at an ell corner of said 79.452 | ||
acres, and at the Southeast corner of said 54 acres; | ||
THENCE North 01 degrees 16 minutes 55 seconds East, 1623.59 | ||
feet to a 1/2 inch steel rod found at the Northwest corner of said | ||
79.452 acres, at the Southwest corner of said 37.432 acres, at the | ||
Southeast corner of said 37.530 acres, and at the Northeast corner | ||
of said 54 acres; | ||
THENCE North 89 degrees 54 minutes 28 seconds West, 730.81 | ||
feet to a 5/8 inch steel rod set at the Southwest corner of said | ||
37.530 acres, and at the Southeast corner of that called 37.48 acres | ||
of land described as Tract Two in deed to Justin Ray Armbrister and | ||
Wendi Lynn Armbrister as recorded under CC# 20160104000002710 of | ||
the Official Public Records of Collin County, Texas; | ||
THENCE North 01 degrees 00 minutes 40 seconds West, 1219.81 | ||
feet to a point on the South line of the Anna E.T.J.; | ||
THENCE Northeasterly, 2067.03 feet along said South line of | ||
Anna E.T.J. and a curve to the left having a radius of 5358.48 feet | ||
and a central angle of 22 degrees 06 minutes 07 seconds (Chord bears | ||
North 55 degrees 19 minutes 30 seconds East, 2054.24 feet) to a | ||
point; | ||
THENCE South 89 degrees 36 minutes 54 seconds East, 482.37 | ||
feet to a 3/8 inch steel rod found at an ell corner of said 169.531 | ||
acres, and at the Southeast corner of that called 25.05 acres of | ||
land described in deed to Leroy W. Warren, Jr. and Linda F. Warren | ||
as recorded under CC# 20070530000726310 of the Official Public | ||
Records of Collin County, Texas; | ||
THENCE North 00 degrees 56 minutes 06 seconds West, 191.40 | ||
feet to a 1/2 inch steel rod found at a Northwest corner of said | ||
169.531 acres, and at the Southwest corner of that called 96.806 | ||
acres of land described in deed to R&D Aycock, Ltd. as recorded in | ||
Volume 5105, Page 2819 of the Land Records of Collin County, Texas; | ||
THENCE South 88 degrees 31 minutes 34 seconds East, 1381.94 | ||
feet to a 1/2 inch steel rod found at an ell corner of said 169.531 | ||
acres, and at the Southeast corner of said 96.806 acres; | ||
THENCE North 89 degrees 56 minutes 56 seconds East, 1325.67 | ||
feet to a 5/8 inch steel rod set on the East line of said 75.012 | ||
acres; | ||
THENCE along the East line of said 75.012 acres as follows: | ||
North 89 degrees 05 minutes 15 seconds East, 16.83 feet to a | ||
5/8 inch steel rod set; | ||
South 02 degrees 35 minutes 43 seconds West, 1434.52 feet to a | ||
5/8 inch pipe found at the Southeast corner of said 75.012 acres, | ||
and at the Northeast corner of that called 51.26 acres of land | ||
described in deed to Joe Brent Cantrell as recorded under CC# | ||
96-0016857 of the Land Records of Collin County, Texas; | ||
THENCE South 89 degrees 56 minutes 04 seconds West, 2009.91 | ||
feet to a 1/2 inch steel rod found at an ell corner of said 169.531 | ||
acres, and at the Northwest corner of said 51.26 acres; | ||
THENCE South 00 degrees 05 minutes 52 seconds East, 1121.56 | ||
feet to a 1/2 inch steel rod found at the Southerly most Southeast | ||
corner of said 169.531 acres, and at the Southwest corner of said | ||
51.26 acres; | ||
THENCE North 89 degrees 54 minutes 51 seconds East, 1960.98 | ||
feet to a 5/8 inch steel rod set at the Northeast corner of said | ||
196.345 acres, and at the Southeast corner of said 51.26 acres; | ||
THENCE South 00 degrees 50 minutes 54 seconds East, 85.79 | ||
feet to a Bois d'arc post found at an angle point of said 196.345 | ||
acres, and at the Northwest corner of that called 5.311 acres of | ||
land described as Tract Two in deed to J.D. Horton and Linda K. | ||
Horton as recorded under CC# 94-0004753 of the Land Records of | ||
Collin County, Texas; | ||
THENCE South 00 degrees 35 minutes 21 seconds West, 1835.45 | ||
feet to a 5/8 inch steel rod set at centerline intersection of a | ||
turn in County Road No. 502; | ||
THENCE South 00 degrees 31 minutes 06 seconds East, 1013.39 | ||
feet along the approximate center of said County Road No. 502 to the | ||
POINT OF BEGINNING, containing 444.35 acres of land. | ||
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 | ||
7929A, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7929A.0307 to read as | ||
follows: | ||
Sec. 7929A.0307. 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. | ||
* * * * * |