Bill Text: TX HB4665 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the creation of the Raintree 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 [HB4665 Detail]
Download: Texas-2021-HB4665-Enrolled.html
H.B. No. 4665 |
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relating to the creation of the Raintree 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 7937A to read as follows: | ||
CHAPTER 7937A. RAINTREE MUNICIPAL UTILITY DISTRICT NO. 1 OF COLLIN | ||
COUNTY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7937A.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 Raintree Municipal Utility | ||
District No. 1 of Collin County. | ||
Sec. 7937A.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7937A.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. 7937A.0104. CONDITIONS PRECEDENT TO CONFIRMATION | ||
ELECTION. (a) The temporary directors may not hold an election | ||
under Section 7937A.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. 7937A.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. 7937A.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. 7937A.0201. GOVERNING BODY; TERMS. (a) The district | ||
is governed by a board of five elected directors. | ||
(b) Except as provided by Section 7937A.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 7937A.0202. TEMPORARY DIRECTORS. (a) On or after the | ||
effective date of the Act enacting this chapter, 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 temporary directors the five persons | ||
named in the petition. The commission shall appoint as temporary | ||
directors the five persons named in the petition. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 7937A.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 7937A.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 7937A.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. 7937A.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7937A.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. 7937A.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. 7937A.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. 7937A.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. 7937A.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 | ||
7937A.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. 7937A.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7937A.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. 7937A.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. 7937A.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. 7937A.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. 7937A.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 Raintree Municipal Utility District No. 1 of | ||
Collin County initially includes all the territory contained in the | ||
following area: | ||
FIELD NOTES to all that certain lot, tract or parcel of land | ||
situated in the CARTER T. CLIFFT SURVEY, ABSTRACT NUMBER 162, | ||
Collin County, Texas, and being all of a called 160.25 acre tract of | ||
land described in the deed to Patel & Patel LLC, Poonuru LLC, Bade | ||
LLC, Duggi LLC, Yukta LLC, VSAP Investments LLC, DGN Capital | ||
Management LLC, Dakuri LLC, Andrewakka LLC, and KPNR LLC recorded | ||
in Instrument Number 20190823001035060, Official Public Records, | ||
Collin County, Texas the subject tract being more particularly | ||
described as follows: | ||
BEGINNING at a railroad spike found in the center of an asphalt road | ||
under apparent public use posted County Road 470 for the Northeast | ||
corner of said 160.25 acre tract of land, same being the Northwest | ||
corner of a called 2.342 acre tract of land described in the deed to | ||
Itzel Torres recorded in Instrument Number 20201215002253760, | ||
Official Public Records, Collin County, Texas and being in the | ||
South line of a called 154.506 acre tract of land described as | ||
"Tract 3" in the deed to Jimmy Lawson, Trustee of The Jimmy Lawson | ||
GST Trust, Dated August 13, 2003 recorded in Instrument Number | ||
2003-0228722, Official Public Records, Collin County, Texas; | ||
THENCE South 00 Degrees 32 Minutes 19 Seconds West with the East | ||
line of said 160.25 acre tract of land, and the West line of said | ||
2.342 acre tract of land, along or near a fence, a distance of | ||
3,128.97 feet to a 2 inch metal fence corner post found for the | ||
occupied and recognized Southeast corner of said 160.25 acre tract | ||
of land, and the Southwest corner of the remainder of a called | ||
36.754 acre tract of land described in the deed to Leticia Torres | ||
recorded in Instrument Number 2004-0148472, Official Public | ||
Records, Collin County, Texas and being in the North line of a | ||
called 89.273 acre tract of land described in the deed to BHMM Group | ||
Family Partnership, LTD recorded in Instrument Number | ||
20170516000625330, Official Public Records, Collin County, Texas; | ||
THENCE North 89 Degrees 16 Minutes 06 Seconds West with the South | ||
line of said 160.25 acre tract of land and the North line of said | ||
89.273 acre tract of land, along or near a fence, a distance of | ||
895.41 feet to a 1/2 inch iron rod found at the north base of a metal | ||
fence corner post for corner, same being the Northwest corner of | ||
said 89.273 acre tract of land and the Northeast corner of the | ||
remainder of a called 73.69 acre tract of land described in the deed | ||
to Emma Evelyn Smith Living Revocable Trust recorded in Instrument | ||
Number 2001-0014244, Official Public Records, Collin County, | ||
Texas; | ||
THENCE North 88 Degrees 33 Minutes 14 Seconds West with the South | ||
line of said 160.25 acre tract of land and the North line of said | ||
73.69 acre tract of land, along or near a fence, a distance of | ||
1,540.53 feet to a wood fence corner post found for the Southwest | ||
corner of said 160.25 acre tract of land, same being the Southeast | ||
corner of a called 125.534 acre tract of land described in the deed | ||
to MAS Ranch recorded in Instrument Number 20170329000400410, | ||
Official Public Records, Collin County, Texas and being in the | ||
North line of a tract of land described in the deed to Malinda A. | ||
Warden recorded in Volume 3486, Page 130, Deed Records, Collin | ||
County, Texas; | ||
THENCE North 00 Degrees 45 Minutes 21 Seconds East with the West | ||
line of said 160.25 acre tract of land and the East line of a said | ||
125.534 acre tract of land, along or near a fence, passing at a | ||
distance of 2713.78 feet a 6 inch wood fence corner post on the | ||
South line of said County Road 470, and continuing a total distance | ||
of 2,740.07 feet to railroad spike found in the center of said | ||
County Road 470 for the Northwest corner of said 160.25 acre tract | ||
of land; | ||
THENCE with the North line of said 160.25 acre tract of land and | ||
along the centerline of said County Road 470 the following courses | ||
and distances: | ||
South 83 Degrees 46 Minutes 01 Seconds East a distance of 189.55 | ||
feet to a Mag nail found for corner; | ||
South 84 Degrees 49 Minutes 37 Seconds East a distance of 138.51 | ||
feet to a Mag nail set for corner; | ||
South 85 Degrees 01 Minutes 51 Seconds East a distance of 235.40 | ||
feet to a Mag nail found for corner; | ||
North 89 Degrees 27 Minutes 18 Seconds East a distance of 271.52 | ||
feet to a Mag nail found for corner; | ||
North 81 Degrees 57 Minutes 17 Seconds East a distance of 294.96 | ||
feet to a PK nail found for corner, same being the Southwest corner | ||
of said 154.506 acre tract of land; | ||
THENCE with the North line of said 160.25 acre tract of land, the | ||
South line of said 154.506 acre tract of land and along the | ||
centerline of said County Road 470 the following courses and | ||
distances: | ||
North 72 Degrees 40 Minutes 13 Seconds East a distance of 236.87 | ||
feet to a Mag nail set for corner in a curve to the left, concave to | ||
the Northwest, with a radius of 1,243.31 feet, a delta angle of 11 | ||
Degrees 39 Minutes 20 Seconds, a chord bearing of North 65 Degrees | ||
00 Minutes 47 Seconds East, and a chord length of 252.52; | ||
Northeasterly along said curve to the left an arc length of 252.92 | ||
feet to a Mag nail found for corner at the beginning of a reverse | ||
curve to the right, concave to the Southeast, with a radius of | ||
2,077.41 feet, a delta angle of 06 Degrees 04 Minutes 04 Seconds, a | ||
chord bearing of North 62 Degrees 05 Minutes 32 Seconds East, and a | ||
chord length of 219.93 feet; | ||
Northeasterly with said curve to the right an arc length of 220.00 | ||
feet to a Mag nail found for corner at a point of a compound curve to | ||
the right, concave to the Southeast, with a radius of 781.42 feet, a | ||
delta angle of 14 Degrees 18 Minutes 35 Seconds, a chord bearing of | ||
North 74 Degrees 09 Minutes 45 Seconds East, and a chord length of | ||
194.68 feet; | ||
Easterly with said curve to the right an arc length of 195.16 feet | ||
to a Mag nail found for corner at the point of a compound curve to | ||
the right, concave to the Southeast, with a radius of 1,276.37, a | ||
delta angle of 06 Degrees 15 Minutes 19 Seconds, with a chord | ||
bearing of North 82 Degrees 38 Minutes 41 Seconds East, and a chord | ||
length of 139.30 feet; | ||
Easterly with a said curve to the right an arc length of 139.35 feet | ||
to a Mag nail found for corner at the point of a compound curve to | ||
the right, concave to the South, with a radius of 1,453.08 feet, a | ||
delta angle of 06 Degrees 21 Minutes 28 Seconds, a chord bearing of | ||
North 88 Degrees 49 Minutes 29 Seconds East, and a chord length of | ||
161.18 feet; | ||
Easterly with said curve to the right an arc length of 161.24 feet | ||
to a Mag nail set for corner at the point of a compound curve to the | ||
right, concave to the South, with a radius of 55,010.84 feet, a | ||
delta angle of 00 Degrees 10 Minutes 31 Seconds, a chord bearing of | ||
South 87 Degrees 54 Minutes 31 Seconds East, and a chord length of | ||
168.36 feet; | ||
Easterly with said curve to the right with an arc length of 168.34 | ||
feet to the POINT OF BEGINNING and enclosing 160.23 acres of land, | ||
more or less. | ||
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 | ||
7937A, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7937A.0306 to read as | ||
follows: | ||
Sec. 7937A.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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4665 was passed by the House on May | ||
14, 2021, by the following vote: Yeas 106, Nays 39, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4665 was passed by the Senate on May | ||
27, 2021, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |