Bill Text: TX HB4749 | 2019-2020 | 86th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Rose City Municipal Utility District; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments and fees.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-15 - See remarks for effective date [HB4749 Detail]
Download: Texas-2019-HB4749-Comm_Sub.html
Bill Title: Relating to the creation of the Rose City Municipal Utility District; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments and fees.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-15 - See remarks for effective date [HB4749 Detail]
Download: Texas-2019-HB4749-Comm_Sub.html
86R29842 GRM-D | |||
By: Schaefer | H.B. No. 4749 | ||
Substitute the following for H.B. No. 4749: | |||
By: Craddick | C.S.H.B. No. 4749 |
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relating to the creation of the Rose City Municipal Utility | ||
District; granting a limited power of eminent domain; providing | ||
authority to issue bonds; providing authority to impose assessments | ||
and fees. | ||
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 7958 to read as follows: | ||
CHAPTER 7958. ROSE CITY MUNICIPAL UTILITY DISTRICT | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7958.0101. 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 Rose City Municipal Utility | ||
District. | ||
Sec. 7958.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7958.0103. 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. 7958.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
7958.0103 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. 7958.0105. 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 a | ||
municipal utility district as provided by general law and Section | ||
59, Article XVI, Texas Constitution. | ||
Sec. 7958.0106. 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. 7958.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 7958.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 7958.0202. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) Martin Heines; | ||
(2) John Nix; | ||
(3) Sam Mezayek; | ||
(4) Darryl Bowdre; and | ||
(5) Edward Broussard. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 7958.0103; 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 7958.0103 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 7958.0103; 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. 7958.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7958.0302. 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. 7958.0303. 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. 7958.0401. ELECTIONS REGARDING BONDS. The district | ||
may issue, without an election, bonds and other obligations secured | ||
by revenue other than ad valorem taxes. | ||
Sec. 7958.0402. PROHIBITION ON IMPOSITION OF TAXES. (a) The | ||
district may not impose an ad valorem tax for any purpose. | ||
(b) Section 49.107, Water Code, does not apply to the | ||
district. | ||
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS | ||
Sec. 7958.0501. AUTHORITY TO ISSUE BONDS AND OTHER | ||
OBLIGATIONS. The district may issue bonds or other obligations | ||
payable wholly or partly from impact fees, revenue, contract | ||
payments, grants, or other district money, or any combination of | ||
those sources, to pay for any authorized district purpose. | ||
SECTION 2. The Rose City Municipal Utility District | ||
initially includes all the territory contained in the following | ||
area: | ||
BEING a 21,118 acre tract of land situated in Smith County, Texas, | ||
said 21,118 acre tract being more completely described by metes and | ||
bounds as follows: | ||
BEGINNING at the intersection of the centerline of State Highway | ||
No. 155 with State Highway 57 (West Grande Boulevard); | ||
THENCE Easterly with the centerline of West Grande Boulevard to its | ||
intersection with F.M. 2493 (Old Jacksonville Highway); | ||
THENCE Southwesterly with the centerline of F.M. 2493 (Old | ||
Jacksonville Highway) to its intersection with Three Lakes Parkway; | ||
THENCE Southeasterly with the centerline of Three Lakes Parkway to | ||
its intersection with Dueling Oaks; | ||
THENCE Easterly with the centerline of Dueling Oaks to its | ||
intersection with Hollytree Drive; | ||
THENCE Southwesterly with the centerline of Hollytree Drive to its | ||
intersection with Maple Lane; | ||
THENCE Southerly with the centerline of Maple Lane to its | ||
intersection with West Cumberland Road; | ||
THENCE Easterly with the centerline of West Cumberland Road to its | ||
intersection with U.S. Highway 69 (South Broadway Ave.); | ||
THENCE Southerly with the centerline of U.S. Highway 69 (South | ||
Broadway Ave.) to its intersection with Loop 49; | ||
THENCE Northeasterly with the centerline of Loop 49 to its | ||
intersection with F.M. 756 (South Paluxy Drive); | ||
THENCE Southeasterly with the centerline of F.M. 756 (South Paluxy | ||
Drive) to its intersection with F.M. 346; | ||
THENCE Southwesterly with the centerline of F.M. 346 to its | ||
intersection with County Road 15; | ||
THENCE Southerly with the centerline of County Road 15 to its | ||
intersection with County Road 129; | ||
THENCE Northeasterly with the centerline of County Road 129 to its | ||
intersection with County Road 112; | ||
THENCE with the centerline of County Road 112 to its intersection | ||
with County Road 113; | ||
THENCE with the centerline of County Road 113 to its intersection | ||
with County Road 152; | ||
THENCE Southwesterly with the centerline of County Road 152 to its | ||
intersection with U.S. Highway No. 69; | ||
THENCE Southeasterly with the centerline of U.S. Highway No. 69 to | ||
its intersection with the South boundary line of Liberty Utilities | ||
(Woodmark) CCN 20679 as shown by digital map on 3-08-2019 per the | ||
Public Utility Commission of Texas website, same being on the East | ||
boundary line of the City of Bullard, Texas, Sewer CCN 20903 as | ||
shown by digital map on 3-08-2019 per the Public Utility Commission | ||
of Texas website; | ||
THENCE Southwesterly with said East boundary line of Bullard, Texas | ||
CCN 20903 and South boundary line of Liberty Utilities (Woodmark) | ||
CCN 20679 to its intersection with the centerline of F.M. 2493; | ||
THENCE Northwesterly with the centerline of F.M. 2493 to an ell | ||
corner in the West line of said CCN 20679; | ||
THENCE West continuing with the West boundary line of said CCN 20679 | ||
to its intersection with the centerline of County Road 173 and being | ||
the Westerly Southwest corner of said CCN 20679; | ||
THENCE Northerly with the centerline of County Road 173 to its | ||
intersection with the centerline of County Road 175; | ||
THENCE Westerly with the centerline of County Road 175 to its | ||
intersection with the centerline of F.M. 346; | ||
THENCE Westerly with the centerline of F.M. 346 to its intersection | ||
with the centerline of County Road 185 (Oak Hollow Road); | ||
THENCE Westerly with the centerline of County Road 185 to its | ||
intersection with the centerline of County Road 178 (Old Palestine | ||
Highway); | ||
THENCE Northeasterly with the centerline of County Road 178 (Old | ||
Palestine Highway) to its intersection with the centerline of | ||
County Road 168 (Saline Creek Road); | ||
THENCE Northeasterly with the centerline of County Road 168 to its | ||
intersection with the centerline of County Road 178 (Jonestown | ||
Road); | ||
THENCE North with the centerline of County Road 178 to its | ||
intersection with the centerline of County Road 192 (Old Noonday | ||
Road); | ||
THENCE Northeasterly with the centerline of County Road 192 to its | ||
intersection with the centerline of County Road 193 (Taylor Road); | ||
THENCE Northwesterly with the centerline of County Road 193 to its | ||
intersection with the centerline of State Highway No. 155; | ||
THENCE Northeasterly with the centerline of State Highway No. 155 | ||
to the place of beginning containing 21,118 acres of land, plus or | ||
minus. | ||
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 | ||
7958, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7958.0304 to read as follows: | ||
Sec. 7958.0304. 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, 2019. |