Bill Text: TX HB5407 | 2023-2024 | 88th Legislature | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Blanton Creek Estates Municipal Utility District of Fannin 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) 2023-06-12 - Effective immediately [HB5407 Detail]
Download: Texas-2023-HB5407-Comm_Sub.html
Bill Title: Relating to the creation of the Blanton Creek Estates Municipal Utility District of Fannin 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) 2023-06-12 - Effective immediately [HB5407 Detail]
Download: Texas-2023-HB5407-Comm_Sub.html
88R23931 SCP-F | ||
By: Smith | H.B. No. 5407 |
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relating to the creation of the Blanton Creek Estates Municipal | |||||
Utility District of Fannin 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 8009A to read as follows: | |||||
CHAPTER 8009A. BLANTON CREEK ESTATES MUNICIPAL UTILITY DISTRICT OF | |||||
FANNIN COUNTY | |||||
SUBCHAPTER A. GENERAL PROVISIONS | |||||
Sec. 8009A.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 Blanton Creek Estates | |||||
Municipal Utility District of Fannin County. | |||||
Sec. 8009A.0102. NATURE OF DISTRICT. The district is a | |||||
municipal utility district created under Section 59, Article XVI, | |||||
Texas Constitution. | |||||
Sec. 8009A.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. 8009A.0104. CONSENT OF MUNICIPALITY REQUIRED. The | |||||
temporary directors may not hold an election under Section | |||||
8009A.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. 8009A.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. 8009A.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. 8009A.0201. GOVERNING BODY; TERMS. (a) The district | |||||
is governed by a board of five elected directors. | |||||
(b) Except as provided by Section 8009A.0202, directors | |||||
serve staggered four-year terms. | |||||
Sec. 8009A.0202. TEMPORARY DIRECTORS. (a) The temporary | |||||
board consists of: | |||||
(1) Jonathan Nunn; | |||||
(2) Jon Anderson; | |||||
(3) Cody Hancock; | |||||
(4) Danny Green; and | |||||
(5) Chad Purser. | |||||
(b) Temporary directors serve until the earlier of: | |||||
(1) the date permanent directors are elected under | |||||
Section 8009A.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 8009A.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 8009A.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. 8009A.0301. GENERAL POWERS AND DUTIES. The district | |||||
has the powers and duties necessary to accomplish the purposes for | |||||
which the district is created. | |||||
Sec. 8009A.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. 8009A.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. 8009A.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. 8009A.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. 8009A.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) 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 | |||||
8009A.0103 to confirm the district's creation. | |||||
(f) An order dividing the district must: | |||||
(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 or among 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 8009A.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) 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. | |||||
(j) Municipal consent to the creation of the district and to | |||||
the inclusion of land in the district granted under Section | |||||
8009A.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. | |||||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | |||||
Sec. 8009A.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 | |||||
8009A.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. 8009A.0402. OPERATION AND MAINTENANCE TAX. (a) If | |||||
authorized at an election held under Section 8009A.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. 8009A.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. 8009A.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. 8009A.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. 8009A.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 Blanton Creek Estates Municipal Utility | |||||
District of Fannin County initially includes all the territory | |||||
contained in the following area: | |||||
Being: 101.697 acres of land, a part of the William C. Ingram Survey | |||||
Abstract Number 558, lying and being situated on the West side of | |||||
County Road 4515 and the North side of County Road 4516 in Fannin | |||||
County, Texas. The said 101.697 acre tract being all of a called | |||||
39.267 acre tract conveyed in a Warranty Deed with Vendor's Lien | |||||
from Ned Kempson and wife, Dorthaleen Kempson to Michael G. Placke | |||||
and wife, Kathryn L. Placke of record in Volume 1108, Page 143 in | |||||
the Official Public Records of Fannin County, Texas and being the | |||||
remainder of a called 89.056 acre tract conveyed in a Warranty Deed | |||||
with Vendor's Lien from James A. Reeves to Michael G. Placke and | |||||
wife, Kathryn L. Placke of record in Volume 1043, Page 1031 in the | |||||
Official Public Records of Fannin County, Texas. The said 101.697 | |||||
acre tract being described more particularly by metes and bounds as | |||||
follows: | |||||
Beginning at a 1/2" found iron rod at the Southwest corner of the | |||||
referenced 39.267 acre parent tract, at the Northwest corner of Lot | |||||
11 of the Forest Glen Addition of record in Cabinet B, Slide 70 and | |||||
being in the East line of a called 31.026 acre tract conveyed to | |||||
Martin L. Pineda and Ana B. Urbina in Instrument Number 2021000468 | |||||
for the Point of Beginning and the Southwest corner of this tract. | |||||
Thence: N 01°11'18" E a distance of 667.07 feet to a 1/2" found iron | |||||
rod for a corner of this tract, at a corner of the referenced 39.267 | |||||
acre parent tract and being at a corner of the referenced Pineda | |||||
tract. | |||||
Thence: N 02°26'01" E passing a 1/2" found iron rod at a distance of | |||||
94.56 feet and continuing a total distance of 145.63 feet to a point | |||||
near the centerline of Blanton Creek for the Westernmost Northwest | |||||
corner of this tract, at the Northwest corner of the referenced | |||||
39.267 acre parent tract and being at the Northeast corner of the | |||||
referenced Pineda tract. | |||||
Thence: along 60 calls with the centerline of Blanton Creek (for | |||||
acreage purposes only) with the approximate courses and distances | |||||
as follows: | |||||
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an "X" cut in the middle of a concrete bridge for the Northernmost | |||||
Northeast corner of this tract, near the centerline of County Road | |||||
4515, at the Northernmost Northeast corner of the referenced 89.056 | |||||
acre parent tract remainder and being at the Northwest corner of a | |||||
called 18.200 acre Tract 8 conveyed to Diane Vestal Williams in | |||||
Volume 1645, Page 384. | |||||
Thence: along 4 calls near the centerline of County Road 4515 with | |||||
the approximate courses and distances as follows: | |||||
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a 1/2" set iron rod for an inside Northeast corner of this tract, at | |||||
an inside Northeast corner of the referenced 89.056 acre parent | |||||
tract remainder and being at the Northernmost Southwest corner of a | |||||
called 21.033 acre tract conveyed to Xiong Vang and wife, Maylee M. | |||||
Vang in Volume 1884, Page 434, from which a point near the | |||||
centerline of a creek at the Northeast corner of the referenced Vang | |||||
tract bears N 04°01'09" E a distance of 96.79 feet, continuing N | |||||
41°48'33" W a distance of 87.22 feet and N 56°38'33" E passing a 1/2" | |||||
found iron rod at a distance of 17.18 feet, continuing and passing a | |||||
found concrete monument at a distance of 1385.37 feet and | |||||
continuing a total distance of 1396.01 feet. | |||||
Thence: S 89°30'10" E a distance of 13.99 feet to a 1/2" set iron rod | |||||
on the East side of County Road 4515 for a Northeast corner of this | |||||
tract, at a Northeast corner of the referenced 89.056 acre parent | |||||
tract remainder and being at an inside Southwest corner of the | |||||
referenced Vang tract. | |||||
Thence: S 02°33'50" W a distance of 1267.85 feet to a 1/2" set iron | |||||
rod for an inside Northeast corner of this tract, at an inside | |||||
Northeast corner of the referenced 89.056 acre parent tract | |||||
remainder and being at the Southwest corner of a called 18.200 acre | |||||
tract conveyed to Gullian Louis in Volume 1021, Page 543. | |||||
Thence: S 89°28'04" E along the North side of County Road 4515 a | |||||
distance of 916.52 feet to a 1/2" set iron rod for the Easternmost | |||||
Northeast corner of this tract, at the Easternmost Northeast corner | |||||
of the referenced 89.056 acre parent tract remainder, at the | |||||
Southeast corner of the referenced Louis tract and being in the West | |||||
line of a called 18.08 acre tract conveyed to Joseph Charles Fetters | |||||
Jr and Marnie F Fetter in Volume 1330, Page 312, from which a 1/2" | |||||
found iron rod maintaining a witness monument at the Northwest | |||||
corner of the referenced Fetters tract bears N 00°55'36" W near the | |||||
centerline of a creek a distance of 1086.25 feet, continuing N | |||||
34°53'12" E near the centerline of a creek a distance of 27.96 and | |||||
continuing S 89°29'28" E a distance of 13.25 feet. | |||||
Thence: S 00°55'36" E a distance of 10.47 feet to a 1/2" set iron rod | |||||
near the centerline of County Road 4515 for the Easternmost | |||||
Southeast corner of this tract, at the Easternmost Southeast corner | |||||
of the referenced 89.056 acre parent tract remainder, at the | |||||
Southwest corner of the referenced Fetters tract and being in the | |||||
North line of a called 60.792 acre tract conveyed to Keith David | |||||
Welch in Volume 1541, Page 128, from which a 1/2" found iron rod | |||||
maintaining a witness monument for the Southeast corner of the | |||||
referenced Fetters tract bears S 89°15'28" E near the centerline of | |||||
County Road 4515 a distance of 687.16 feet and continuing N 44°16'18 | |||||
W a distance of 36.00 feet. | |||||
Thence: N 89°15'45" W near the centerline of County Road 4515 a | |||||
distance of 918.91 feet to a point at the intersection of the | |||||
centerline of County Road 4515 and the centerline of County Road | |||||
4516 for a corner of this tract, for a corner of the referenced | |||||
89.056 acre parent tract remainder and being in the North line of a | |||||
called 40.000 acre tract conveyed to Brent Whitsell and spouse, | |||||
Julie A. Whitsell in Volume 2007, Page 26, from which a 1/2" found | |||||
iron rod bears S 13°00'19" W a distance of 4.95 feet. | |||||
Thence: N 89°54'42" W passing a 1/2" found iron rod at the Northeast | |||||
corner of a called 5.333 acre tract conveyed to Ian D. Buchanan and | |||||
Joyce Buchanan in Instrument Number 2021000718 at a distance of | |||||
621.62 feet and continuing a total distance of 1189.07 feet to a | |||||
pipe fence corner post for a corner of this tract, at the | |||||
Southernmost Southwest corner of the referenced 89.056 acre parent | |||||
tract remainder, being at the Southeast corner of the referenced | |||||
32.267 acre parent tract and being in the North line of the | |||||
referenced Buchanan tract. | |||||
Thence: WEST (Reference Bearing) passing a point at the Northwest | |||||
corner of the referenced Buchanan tract and the Northeast corner of | |||||
a called Lot 10R of the Replat of Lots 9 & 10 of the Forest Glen | |||||
Addition of record in Cabinet C, Slide 151 at a distance of 39.22 | |||||
feet, from which a 1/2" found iron rod bears South 0.48 feet, and | |||||
continuing a total distance of 1436.72 feet to the Point of | |||||
Beginning and containing 101.697 acres of which 1.5 acres lays in a | |||||
public road. | |||||
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 | |||||
8009A, Special District Local Laws Code, as added by Section 1 of | |||||
this Act, is amended by adding Section 8009A.0307 to read as | |||||
follows: | |||||
Sec. 8009A.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, 2023. |