Bill Text: TX HB4720 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the creation of the Burns Branch Municipal Utility District No. 1 of Denton 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) 2019-06-14 - Effective on 9/1/19 [HB4720 Detail]
Download: Texas-2019-HB4720-Enrolled.html
H.B. No. 4720 |
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relating to the creation of the Burns Branch Municipal Utility | ||
District No. 1 of Denton 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 8095 to read as follows: | ||
CHAPTER 8095. BURNS BRANCH MUNICIPAL UTILITY DISTRICT NO. 1 OF | ||
DENTON COUNTY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8095.0101. 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 Burns Branch Municipal | ||
Utility District No. 1 of Denton County. | ||
Sec. 8095.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8095.0103. 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. 8095.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
8095.0103 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. 8095.0105. 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. 8095.0106. 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. 8095.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8095.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 8095.0202. TEMPORARY DIRECTORS. (a) On or after | ||
September 1, 2019, 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 8095.0103; or | ||
(2) September 1, 2023. | ||
(c) If permanent directors have not been elected under | ||
Section 8095.0103 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 8095.0103; 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. 8095.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8095.0302. 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. 8095.0303. 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. 8095.0304. 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. 8095.0305. 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. 8095.0306. DIVISION OF DISTRICT. (a) The district may | ||
be divided into two or more new districts only if the district: | ||
(1) has no outstanding bonded debt; and | ||
(2) is not imposing ad valorem taxes. | ||
(b) This chapter applies to any new district created by the | ||
division of the district, and a new district has all the powers and | ||
duties of the district. | ||
(c) Any 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) A new district created by the division of the district | ||
may contain land in Denton County only if the commissioners court of | ||
Denton County consents to the creation of the new district and the | ||
inclusion of the land. | ||
(e) Subject to Subsection (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. | ||
(f) The board may adopt an order dividing the district | ||
before or after the date the board holds an election under Section | ||
8095.0103 to confirm the district's creation. | ||
(g) 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. | ||
(h) 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. | ||
(i) Any new district created by the division of the district | ||
shall hold a confirmation and directors' election as required by | ||
Section 8095.0103. 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. | ||
(j) Municipal consent to the creation of the district and to | ||
the inclusion of land in the district granted under Section | ||
8095.0104 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. | ||
(k) 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. 8095.0401. 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 8095.0403. | ||
(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. 8095.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8095.0401, 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. 8095.0403. 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. 8095.0501. 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. 8095.0502. 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. 8095.0503. 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 Burns Branch Municipal Utility District | ||
No. 1 of Denton County initially includes all the territory | ||
contained in the following area: | ||
FIELD NOTES WISE COUNTY | ||
SITUATED in the State of Texas and County of Wise, being part of the | ||
E. I McDaniel Survey, Abstract No. 808, Joseph Luce Survey, | ||
Abstract No. 497, William Chadwell Survey, Abstract No. 1321, S. D. | ||
Chadwell Survey, Abstract No. 1320, G. I Walton Survey, Abstract | ||
No. 1361 and the A. P Lancaster Survey, Abstract No. 1257 and being | ||
part of tract as recorded in CC# 2009-102747 of the Deed Records of | ||
Denton County, said premises being more particularly described as | ||
follows; | ||
BEGINNING at a point for corner marking the southeast corner of said | ||
premises, said point being on the Denton Wise County line per deed | ||
recorded in Volume 264, Page 508; | ||
THENCE with the south line of said premises as follows, | ||
South 59°48'00" West, 592.47 feet; | ||
South 45°55'34" West, 2,584.96 feet; | ||
South 84°26'09" West, 729.95 feet; | ||
South 89°51'00" West, 773.95 feet; | ||
South 82°53'00" West, 525.14 feet; | ||
South 73°44'00" West, 233.52 feet; | ||
South 40°52'00" West, 79.51 feet; | ||
North 50°55'00" West, 233.24 feet to a point for corner | ||
marking the southwest corner of said premises and being in the | ||
center of Denton Creek; | ||
THENCE with said creek as follows, | ||
North 22°43'00" East, 173.47 feet; | ||
North 35°51'00" East, 543.21 feet; | ||
North 04°13'00" West, 19043 feet; | ||
North 50°12'00" East, 117.32 feet; | ||
North 83°41'00" East, 281.89 feet; | ||
North 17°42'00" East, 98.69 feet; | ||
North 11°48'00" West, 460.09 feet; | ||
North 42°23'00" East, 155.68 feet; | ||
South 89°47'00" East, 135.11 feet; | ||
South 19°48'00" East, 132.88 feet; | ||
North 88°39'00" East, 128.16 feet; | ||
North 21°15'00" East, 214.06 feet; | ||
North 88°46'00" East, 92.85 feet; | ||
South 57°38'00" East, 203.77 feet; | ||
North 19°45'00" East, 192.38 feet; | ||
North 62°17'00" East, 333.60 feet; | ||
North 50°53'00" East, 710.57 feet; | ||
North 60°48'00" East, 789.80 feet; | ||
North 10°41'00" West, 53.93 feet; | ||
THENCE departing said creek and with the west line of said premises, | ||
South 43°54'00" East, 1,720.82 feet to a point for corner marking an | ||
internal corner of said premises; | ||
THENCE with the north line of said premises, South 46°27'00" East, | ||
505.40 feet to a point for corner marking an internal corner of said | ||
premises; | ||
THENCE with the east line of said premises, North 45°00'00" East, | ||
135.94 feet to a point for corner in said Denton Creek; | ||
THENCE with the south line of said premises and said creek as | ||
follows: | ||
North 24°24'00" West, 331.93 feet; | ||
North 47°17'00" West, 655.25 feet; | ||
South 69°27'00" West, 188.21 feet; | ||
North 52°23'00" West, 121.21 feet; | ||
North 16°37'00" East, 237.97 feet; | ||
North 58°06'00" West, 113.70 feet; | ||
North 90°00'00" West, 199.05 feet; | ||
South 26°23'00" West, 583.80 feet; | ||
North 71°42'00" West, 137.05 feet; | ||
North 38°17'00" West, 435.90 feet; | ||
South 17°03'00" West, 143.45 feet; | ||
North 72°49'00" West, 230.18 feet; | ||
North 66°25'00" West, 120.10 feet; | ||
North 02°24'00" West, 430.07 feet; | ||
North 49°09'00" West, 195.71 feet; | ||
South 58°07'00" West, 53.10 feet; | ||
North 86°47'00" West, 89.24 feet; | ||
South 21°48'00" West, 132.99 feet; | ||
South 37°08'00" West, 165.69 feet; | ||
South 20°40'00" West, 113.42 feet; | ||
South 85°00'00" West, 229.63 feet; | ||
South 14°54'00" East, 198.77 feet; | ||
South 70°59'00" West, 175.97 feet; | ||
North 64°46'06" West, 456.73 feet; | ||
North 70°03'37" West, 911.94 feet; | ||
THENCE departing said creek and with the west line of said premises, | ||
North 45°00'00" East, 2,775.00 feet to a point for corner marking an | ||
internal corner of said premises; | ||
THENCE with the west line of said premises, North 44°36'00" West, | ||
2,515.28 feet to a point for corner marking the northwest corner of | ||
said premises; | ||
THENCE with the west line of said premises, North 45°04'00" East, | ||
6,222.22 feet to a point for corner marking the northeast corner of | ||
said premises and being on said county line per deed; | ||
THENCE with the east line of said premises and said county line, | ||
South 00°56'02" West, 11,402.11 feet to the point of beginning and | ||
containing 755.414 acres of land. | ||
FIELD NOTES DENTON COUNTY | ||
SITUATED in the State of Texas and County of Denton, being part of | ||
the W. G. McDaniel Survey, Abstract No. 809 and the R. R. Jowell | ||
Survey, Abstract No. 660 being part of tract as recorded in CC# | ||
2009-102747 of the Deed Records of Denton County, said premises | ||
being more particularly described as follows; | ||
BEGINNING at a point for corner marking the southeast corner of said | ||
premises and said tract; | ||
THENCE with the south line of said premises, South 85°55'00" West, | ||
6,846.94 feet to a point for corner marking the southwest corner of | ||
said premises and being on the Denton Wise county line per deed | ||
recorded in Volume 264, Page 508; | ||
THENCE with said county line and the west line of said premises, | ||
North 00°57'03" East, 11,402.11 feet to a point for corner marking | ||
the northwest corner of said premises; | ||
THENCE with the north line of said premises, South 89°48'00" East, | ||
4,626.11 feet to a point for corner marking the most northerly | ||
northeast corner of said premises; | ||
THENCE with the east line of said premises, South 00°15'00" West, | ||
5,963.06 feet to a point for corner marking an internal corner of | ||
said premises; | ||
THENCE with the north line of said premises, South 89°50'00" East, | ||
3,515.83 feet to a point for corner marking the most easterly | ||
northeast corner of said premises; | ||
THENCE with the east line of said premises, South 00°00'00" East, | ||
2,405.00 feet to a point for corner marking the most easterly | ||
southeast corner of said premises; | ||
THENCE with the south line of said premises, North 90°00'00" West, | ||
1,475.56 feet to a point for corner marking an internal corner of | ||
said premises; | ||
THENCE with the east line of said premises, South 00°00'00" East, | ||
2,518.61 feet to the point of beginning and containing 1,526.734 | ||
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 | ||
8095, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8095.0307 to read as follows: | ||
Sec. 8095.0307. 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 September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4720 was passed by the House on May 3, | ||
2019, by the following vote: Yeas 124, Nays 16, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4720 was passed by the Senate on May | ||
22, 2019, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |