Bill Text: TX SB2146 | 2021-2022 | 87th Legislature | Enrolled

---

Bill Title: Relating to the creation of the Brazoria County Municipal Utility District No. 80; 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) 2021-05-24 - Effective immediately [SB2146 Detail]

Download: Texas-2021-SB2146-Enrolled.html

---

S.B. No. 2146

AN ACT
relating to the creation of the Brazoria County Municipal Utility
District No. 80; 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 8152 to read as follows:
CHAPTER 8152. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 80
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8152.0101. 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 Brazoria County Municipal
Utility District No. 80.
Sec. 8152.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8152.0103. 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. 8152.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8152.0103 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. 8152.0105. 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. 8152.0106. 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. 8152.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8152.0202, directors
serve staggered four-year terms.
Sec. 8152.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Jason Keith;
(2) Michelle Cantone;
(3) Karin Eveslage;
(4) Naomi Eynon; and
(5) Peggy Bredehoft.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8152.0103; 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 8152.0103 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 8152.0103; 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. 8152.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8152.0302. 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. 8152.0303. 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. 8152.0304. 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. 8152.0305. 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. 8152.0401. 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 8152.0403.
(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. 8152.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8152.0401, 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. 8152.0403. 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. 8152.0501. 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. 8152.0502. 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. 8152.0503. 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 Brazoria County Municipal Utility District
No. 80 initially includes all the territory contained in the
following area:
TRACT 1
Being 28.703 acres of land out of the Charles Hays Survey,
Section No. 8, Abstract No. 534, Brazoria County, Texas, being
29.749 acres, less, save, and except 1.046 acres, as described
below:
Being 29.749 acres of land, BEGINNING at a 3/4 inch diameter
iron pipe found for the southeast corner of a called 2.7475 Acre
tract (Brazoria County Clerk File No. 98-035620), with said corner
being in the westerly right-of-way line of State Highway No. 288
(width varies);
THENCE South 9 degrees 41 minutes 26 seconds East, a distance
of 884.06 feet to a point for corner;
THENCE South 86 degrees 6 minutes 0 seconds West, a distance
of 1218.88 feet to a point for corner;
THENCE North 4 degrees 59 minutes 49 seconds West, a distance
of 1241.56 feet to a point for corner;
THENCE North 86 degrees 25 minutes 46 seconds East, a
distance of 714.33 feet to a point for corner;
THENCE South 3 degrees 42 minutes 42 seconds East, a distance
of 357.17 feet to a point for corner;
THENCE North 86 degrees 10 minutes 0 seconds East, a distance
of 440.31 feet to the POINT OF BEGINNING and containing 29.749 acres
of land, more or less.
LESS, SAVE, AND EXCEPT 1.046 acres of land, as described
below:
COMMENCING at the 3/4 inch diameter iron rod found for the
northwest corner of said 29.749 acre tract in the southerly
right-of-way of State Farm to Market Highway No. 1462 (FM 1462);
Thence South 4 Degrees 28 Minutes 30 Seconds East , a distance of
419.00 feet along the westerly line of said 29.749 acre tract to a
one inch outside diameter iron pipe found for reference; Thence
North 85 degrees 31 Minutes 30 Seconds East a distance of 40.29 feet
to a 3/8 inch iron rod found for the northwest corner and POINT OF
BEGINNING for this 1.046 acre tract:
THENCE South 64 degrees 29 minutes 18 seconds East, a
distance of 130.00, to a point for corner;
THENCE North 85 degrees 30 minutes 42 seconds East, a
distance of 147.22, to a point for corner;
THENCE South 4 degrees 29 minutes 18 seconds East, a distance
of 105.00, to a point for corner;
THENCE South 85 degrees 30 minutes 42 seconds West, a
distance of 34.64, to a point for corner;
THENCE South 55 degrees 30 minutes 42 seconds West, a
distance of 260.00 feet, to a point for corner;
THENCE North 4 degrees 29 minutes 18 seconds West, a distance
of 300.00 feet to the POINT OF BEGINNING or herein described 1.046
acre tract, which is save and excepted from the overall
description, leaving 28.703 net acres of land.
TRACT 2
Being 74.337 acres of land in the H.T. & B. Railroad Company
Survey, Section No. 9, Abstract No. 238 and the Charles M. Hayes
Survey (H.T.&B. Railroad Company Survey, Section No. 8), Abstract
No. 534, Brazoria County, Texas, as described below:
BEGINNING at a concrete monument found in the westerly
right-of-way line of State Highway No. 288 (SH288) (width varies)
and being the northeast corner of a called 74.33 acre tract (Tract
I, Brazoria County Clerk File No. 03-064681);
THENCE southeasterly, along the westerly right-of-way of
SH288, South 5 degrees 49 minutes 2 seconds East, a distance of
1947.71 feet to a concrete monument found for corner;
THENCE southeasterly along the westerly right-of-way of
SH288 and a curve to the right, having a radius of 11249.16, a delta
angle of 2 degrees 17 minutes 57 seconds, and whose long chord bears
South 4 degrees 40 minutes 4 seconds East, a distance of 451.38 feet
to a point for corner;
THENCE southeasterly, along the westerly right-of-way of
SH288, South 3 degrees 31 minutes 5 seconds East, a distance of
190.13 feet, to a point for the southeast corner of said 74.337 acre
tract;
THENCE South 87 degrees 24 minutes 20 seconds West, a
distance of 1318.57 feet, to a point for the southwest corner of
said 74.337 acre tract;
THENCE North 2 degrees 28 minutes 16 seconds West, a distance
of 1673.38 feet, to a point for corner;
THENCE North 5 degrees 29 minutes 27 seconds West, a distance
of 263.30 feet, to a point for corner;
THENCE North 0 degrees 46 minutes 11 seconds East, a distance
of 550.12 feet, to a point for corner;
THENCE North 33 degrees 26 minutes 58 seconds East, a
distance of 99.38 feet, to a point for corner;
THENCE North 86 degrees 22 minutes 28 seconds East, a
distance of 1108.80 feet, to the POINT OF BEGINNING and containing
74.337 acres of land, more or less.
TRACT 3
Being 60.32 acres of land out of Lots 6 and 7 of the Bogart and
Taylor subdivision of the west 1/2 of the W.D.C. Hall League,
Abstract 69 according to the plat recorded in Volume 1, Page 64 of
the Map Records of Brazoria County (B.C.M.R.), Texas, and being
more particularly described by metes and bounds as follows:
BEGINNING at a found 1/2" iron rod with a cap in the northeast
corner of Lot 7, said point being in the south lines of that called
74.33 acre tract described by deed recorded in BCCF No. 03-064681
(therein called "Tract 1") out of the CM Hays Survey, Section 8,
A-534, with said point also being the northeast corner of this tract
on the west right-of-way line of State Highway 288 and the point of
beginning;
THENCE, S 03°00'50'' E, along the west right-of-way line of
State Highway 288, a distance of 2,622.00 feet to a set 1/2" iron
rod with cap for the southeast corner of this tract on the north
right-of-way line of Adams Road / County Road 841, a public road,
presently unopened;
THENCE S 86°57'02'' W, along the north right-of-way line of
Adams Road, a distance of 1,000.00 feet for the southwest corner of
this tract, said point also being located in the south lines of Lot
6;
THENCE N 03°00'50'' W, a distance of 2,633.04 feet for the
northwest corner of this tract, said point being in the said south
lines of the 74.33 acre tract;
THENCE N 87°35'00'' E, along the north line of Lots 6 and 7,
same being the said south lines of 74.33 acre tract, a distance of
1,000.05 feet to the point of beginning and containing 60.32 acres
of land, more or less, and being a part of the same property
described in the deed "Tract B" as described in the Clerk's File
No. 2008-037928 of Brazoria County, Texas, to which deed and the
record thereof reference is here made for all appropriate purposes.
TRACT 4
Being 61.01 acres of land out of Lots 8 and 9 of the Bogart and
Taylor subdivision of the west 1/2 of the W.D.C. Hall League,
Abstract 69 according to the plat recorded in Volume 1, Page 64 of
the Map Records of Brazoria County, Texas (B.C.M.R), and being more
particularly described by metes and bounds as follows:
BEGINNING at a set 1/2" iron rod with a cap in the northeast
corner of Lot 8, set on the south right-of way line of Adams Road /
County Road 841, a public road, presently unopened, for the
northeast corner of this tract on the west right-of-way line of
State Highway 288 and the point of beginning;
THENCE, S 03°00'50'' E, along the west right-of-way line of
State Highway 288, a distance of 2,657.53 feet to the southeast
corner of this tract, said point lying in the centerline of Ditch
316-00-00 as recorded in Iowa Colony Drainage District No. 5;
THENCE S 86°57'14'' W, along said Ditch 316-00-00, same being
the south lines of Lots 8 and 9, a distance of 1,000.00 feet for the
southwest corner of this tract;
THENCE N 03°00'50'' W, a distance of 2,657.47 feet for the
northwest corner of this tract, said point being in the aforesaid
south line of the public road;
THENCE N 86°57'02'' E, along the north line of Lots 8 and 9,
same being the said south line of the public road, a distance of
1,000.00 feet to the point of beginning and containing 61.01 acres
of land, more or less, and being a part of the same property
described in the deed "Tract B" as described in the Clerk's File
No. 2008-037928 of Brazoria County, Texas, to which deed and the
record thereof reference is here made for all appropriate purposes.
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
8152, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8152.0306 to read as follows:
Sec. 8152.0306. 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 hereby certify that S.B. No. 2146 passed the Senate on
April 29, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2146 passed the House on
May 8, 2021, by the following vote: Yeas 115, Nays 24, two present
not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor