Bill Text: TX SB2296 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the temporary board of and financing of certain facilities and improvements by the LaSalle Municipal Utility District No. 2; providing authority to impose an assessment.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2017-06-12 - Effective immediately [SB2296 Detail]
Download: Texas-2017-SB2296-Introduced.html
Bill Title: Relating to the temporary board of and financing of certain facilities and improvements by the LaSalle Municipal Utility District No. 2; providing authority to impose an assessment.
Spectrum: Bipartisan Bill
Status: (Enrolled - Dead) 2017-06-12 - Effective immediately [SB2296 Detail]
Download: Texas-2017-SB2296-Introduced.html
85R18657 SLB-F | ||
By: Zaffirini | S.B. No. 2296 |
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relating to the temporary board of and financing of certain | ||
facilities and improvements by the LaSalle Municipal Utility | ||
District No. 2; providing authority to impose an assessment. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 8473.052(a) and (b), Special District | ||
Local Laws Code, are amended to read as follows: | ||
(a) The temporary board consists of: | ||
(1) Kevin Bales; | ||
(2) Tol S. Higginbotham IV; | ||
(3) Mark Baldwin; | ||
(4) Brannin Prideaux; and | ||
(5) Chris Synan [ |
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(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8473.003; or | ||
(2) the fourth anniversary of the effective date of | ||
their designation [ |
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SECTION 2. Chapter 8473, Special District Local Laws Code, | ||
is amended by adding Subchapter F to read as follows: | ||
SUBCHAPTER F. ASSESSMENTS; APPLICABILITY OF ASSESSMENTS | ||
Sec. 8473.251. PETITION REQUIRED FOR FINANCING | ||
IMPROVEMENTS AND RECREATIONAL FACILITIES WITH ASSESSMENTS. (a) | ||
Except as provided by this subchapter, the board may finance the | ||
construction or maintenance of a recreational facility or | ||
improvement with assessments on property under this subchapter only | ||
if: | ||
(1) a written petition requesting that facility or | ||
improvement has been filed with the board; and | ||
(2) the board holds a hearing on the proposed | ||
assessments. | ||
(b) The petition must be signed by the owners of a majority | ||
of the assessed value of real property in the district subject to | ||
assessment according to the most recent certified tax appraisal | ||
roll for the county. | ||
Sec. 8473.252. MISCELLANEOUS DESIGN, CONSTRUCTION, AND | ||
MAINTENANCE. An improvement or recreational facility project may | ||
include the planning, design, construction, improvement, and | ||
maintenance of: | ||
(1) landscaping; | ||
(2) marinas and bridges; | ||
(3) lighting, banners, and signs; | ||
(4) hiking and cycling paths or trails; | ||
(5) sidewalks, pedestrian walkways, skywalks, | ||
crosswalks, or tunnels; | ||
(6) ponds, lakes, recreational facilities, or scenic | ||
areas; | ||
(7) plazas or pedestrian malls; | ||
(8) drainage or navigation improvements; or | ||
(9) solid waste, water, sewer, or power facilities, | ||
including electrical and gas power facilities. | ||
Sec. 8473.253. METHOD OF NOTICE FOR HEARING. The district | ||
shall mail notice of the hearing to each property owner in the | ||
district who will be subject to the assessment at the current | ||
address to be assessed as reflected on the tax rolls. The district | ||
may mail the notice by certified or first class United States mail. | ||
The board shall determine the method of notice. | ||
Sec. 8473.254. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) An | ||
assessment or a reassessment imposed under this subchapter by the | ||
district, penalties and interest on an assessment or reassessment, | ||
an expense of collection, and reasonable attorney's fees incurred | ||
by the district: | ||
(1) are a first and prior lien against the property | ||
assessed; | ||
(2) are superior to any other lien or claim other than | ||
a lien or claim for county, school district, or municipal ad valorem | ||
taxes; and | ||
(3) are the personal liability of and a charge against | ||
the owners of the property even if the owners are not named in the | ||
assessment proceedings. | ||
(b) The lien is effective from the date of the board's | ||
resolution imposing the assessment until the date the assessment is | ||
paid. The board may enforce the lien in the same manner that the | ||
board may enforce an ad valorem tax lien against real property. | ||
(c) The board may make a correction to or deletion from the | ||
assessment roll that does not increase the amount of assessment of | ||
any parcel of land without providing notice and holding a hearing in | ||
the manner required for additional assessments. | ||
Sec. 8473.255. UTILITY PROPERTY EXEMPT FROM ASSESSMENTS. | ||
The district may not impose an assessment on the property, | ||
including the equipment, rights-of-way, facilities, or | ||
improvements, of: | ||
(1) an electric utility or a power generation company | ||
as defined by Section 31.002, Utilities Code; | ||
(2) a gas utility as defined by Section 101.003 or | ||
121.001, Utilities Code; | ||
(3) a telecommunications provider as defined by | ||
Section 51.002, Utilities Code; or | ||
(4) a person who provides to the public cable | ||
television or advanced telecommunications services. | ||
SECTION 3. Section 2, Chapter 626, Acts of the 83rd | ||
Legislature, Regular Session, 2013, is amended to read as follows: | ||
Sec. 2. The LaSalle Municipal Utility District No. 2 | ||
initially includes all the territory contained in the following | ||
area: | ||
BEING TWO PARTS TOTALLING 389.6 ACRES: PART 1, A 206.1-ACRE | ||
[8,978,157 SQUARE FEET] TRACT OF LAND AND PART 2, A 183.5-ACRE | ||
[7,994,178 SQUARE FEET] TRACT OF LAND OUT OF THE WILLIAM HEMPHILL | ||
SURVEY, ABSTRACT NUMBER 221, HAYS COUNTY, TEXAS, SAID 206.1-ACRE | ||
TRACT AND SAID 183.5-ACRE TRACT BEING PORTIONS OF SAID 765.035-ACRE | ||
TRACT, SAID 206.1-ACRE TRACT AND SAID 183.5-ACRE TRACT BEING MORE | ||
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | ||
PART 1: | ||
BEGINNING at a 1/2-inch iron rod found in the apparent west | ||
right-of-way line of County Road 158 (no record information found) | ||
for the southeast corner of the northerly portion of said | ||
765.035-acre tract and southeast corner of the tract described | ||
herein; | ||
THENCE with said apparent west right-of-way line of County | ||
Road 158, same being the southeast line of said northerly portion of | ||
the 765.035-acre tract, the following three (3) courses and | ||
distances: | ||
1) S42°49'29"W, a distance of 1,989.07 feet to a 1/2-inch | ||
iron rod with cap marked "BYRN" found for an angle point, | ||
2) S42°48'42"W, a distance of 365.86 feet to a 1/2-inch iron | ||
rod with cap marked "BYRN" found for an angle point, and | ||
3) S42°49'22"W, a distance of 1,989.07 feet to an angle point | ||
for the south corner of the tract described herein; | ||
THENCE leaving said apparent west right-of-way line of County | ||
Road 158 and said southeast line of the northerly portion of the | ||
765.035-acre tract, crossing said northerly portion of the | ||
765.035-acre tract, the following eight (8) courses and distances: | ||
1) N45°37'13"W, a distance of 1,831.04 feet to the west | ||
corner of the tract described herein, | ||
2) N22°07'52"E, a distance of 804.54 feet to a point of | ||
curvature of a tangent circular curve to the left, | ||
3) with the arc of said curve to the left a distance of | ||
314.79 feet, said curve having a radius of 1000.00, a central angle | ||
of 18°02'10" and a chord bearing N13°06'47"E, a distance of 313.49 | ||
feet to a point of tangency, | ||
4) N06°46'34"E, a distance 123.00 feet to a point of | ||
curvature of a tangent circular curve to the right; | ||
5) with the arc of said curve to the right a distance of | ||
1,807.51 feet, said curve having a radius of 1,738.00, a central | ||
angle of 59°35'14" and a chord bearing N36°34'11"E, a distance of | ||
1,727.15 feet to a point of tangency, | ||
6) N67°06'07"E, a distance of 20.00 feet to a point of | ||
curvature of a tangent circular curve to the left, | ||
7) with the arc of said curve to the left a distance of | ||
372.28 feet, said curve having a radius of 1,000.00, a central angle | ||
of 21°19'49" and a chord bearing N56°26'13"E, a distance of 370.14 | ||
feet to a point of tangency, and | ||
8) N43°33'39"E, a distance of 551.53 feet to a point in said | ||
apparent west right-of-way line of County Road 158, same being the | ||
northeast line of said northerly portion of the 765.035-acre tract; | ||
THENCE with said apparent west right-of-way line of County | ||
Road 158 and said northeast line of the northerly portion of the | ||
765.035-acre tract, the following four (4) courses and distances: | ||
1) S46°10'38"E, a distance of 1,429.22 feet to a 1/2-inch | ||
iron rod found for an angle point, | ||
2) S28°54'35"E, a distance of 181.07 feet to a 1/2-inch iron | ||
rod found for an angle point, | ||
3) S46°09'48"E, a distance of 787.55 feet to a 1/2-inch iron | ||
rod found for an angle point, and | ||
4) S01°21'32"E, a distance of 56.98 feet to said POINT OF | ||
BEGINNING of PART 1, and containing 206.1 acres [8,978,157 square | ||
feet]. | ||
PART 2: | ||
BEGINNING at a 1/2-inch iron rod with cap marked "BYRN" found | ||
in the apparent east right-of-way line of said County Road 158 for | ||
the northwest corner of the southerly portion of said 765.035-acre | ||
tract, same being the west corner of that called 1.00-acre tract | ||
described to Drue B. Ewald and wife, Alice H. Ewald, as recorded in | ||
Volume 269, Page 202 of the Hays County Deed Records [H.C.D.R.], and | ||
the northwest corner of the tract described herein, and from which | ||
said 1/2-iron rod found for the point of beginning of Part 1 bears | ||
N47°10'31"W, a distance of 47.12 feet and N42°49'29"E, a distance of | ||
134.89 feet; | ||
THENCE with the southwest line of said 1.00-acre tract, same | ||
being the north line of said southerly portion of the 765.035-acre | ||
tract, S45°26'51"E, a distance of 221.84 feet to a 1/2-inch iron rod | ||
found for an angle point; | ||
THENCE with the southeast line of said 1.00-acre tract, | ||
continuing with the north line of said southerly portion of the | ||
765.035-acre tract, N43°57'39"E, a distance of 198.71 feet to a | ||
1/2-inch iron rod found in the east line of said 765.035-acre tract, | ||
same being the southwest line of that called 140.6-acre tract | ||
described in Special Warranty Deed to Cynthia G. Meyer, as recorded | ||
in Volume 1769, Page 435, O.P.R.H.C.T., said 140.6-acre tract being | ||
further described in Volume 205, Page 109, H.C.D.R.; | ||
THENCE with said east line of the 765.035-acre tract and said | ||
southwest line of the 140.6-acre tract, S46°43'06"E, a distance of | ||
2,436.01 feet to the east corner of the tract described herein; | ||
THENCE leaving said east line of the 765.035-acre tract and | ||
said southwest line of the 140.6-acre tract, crossing said | ||
765.035-acre tract, the following ten (10) courses and distances: | ||
1) S43°22'06"W, a distance of 190.43 feet to a point of | ||
curvature of a tangent circular curve to the left, | ||
2) with the arc of said curve to the left a distance of | ||
793.02 feet, said curve having a radius of 632.00, a central angle | ||
of 71°53'37" and a chord bearing S10°26'48"W, a distance of 742.01 | ||
feet to a point of tangency, | ||
3) S24°53'03"E, a distance of 156.83 feet to a point of | ||
curvature of a tangent circular curve to the right, | ||
4) with the arc of said curve to the right a distance of | ||
595.11 feet, said curve having a radius of 512.00, a central angle | ||
of 66°35'45" and a chord bearing S10°17'36"W, a distance of 562.17 | ||
feet to a point of tangency, | ||
5) S43°35'28"W, a distance of 248.47 feet to an angle point | ||
for the southeast corner of the tract described herein, | ||
6) N46°24'32"W a distance of 792.11' to a point of curvature | ||
of a tangent circular curve to the left, | ||
7) with the arc of said curve to the left a distance of | ||
2,394.53 feet, said curve having a radius of 1,654.00 feet, a | ||
central angle of 82°56'54" and a chord bearing S86°50'23"W, a | ||
distance of 2,190.83 feet to a point of tangency, | ||
8) S44°18'44"W, a distance of 586.71' to an angle point for | ||
the southwest corner of the tract described herein, | ||
9) N46°24'34"W, a distance of 233.22 feet to an angle point, | ||
and | ||
10) N45°40'51"W, a distance of 942.00' feet to a point in | ||
said apparent east right-of-way line of County Road 158, same being | ||
the north line of said southerly portion of the 765.035-acre tract, | ||
for the west corner of the tract described herein; | ||
THENCE with said apparent east right-of-way line of County | ||
Road 158 and said north line of the southerly portion of the | ||
765.035-acre tract, the following three (3) courses and distances: | ||
1) N42°52'47"E, a distance of 517.38 feet to a 1/2-inch iron | ||
rod with cap marked "BYRN" found for an angle point; | ||
2) N42°49'25"E, a distance of 1,527.56 feet to an angle | ||
point, and | ||
3) N43°05'04"E, a distance of 1505.23 feet to the POINT OF | ||
BEGINNING of PART 2, and containing 183.5 acres [7,994,178 square | ||
feet]. | ||
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SECTION 4. (a) All governmental and proprietary actions of | ||
the LaSalle Municipal Utility District No. 2 taken before the | ||
effective date of this Act, including the creation of the district, | ||
the consent to create the district granted by the City of San | ||
Marcos, the consent agreement relating to the district and any | ||
amendments to that agreement, and any extension of time in which to | ||
hold a confirmation election for the district, are validated, | ||
ratified, and confirmed in all respects. | ||
(b) This section does not apply to any matter that on the | ||
effective date of this Act: | ||
(1) is involved in litigation if the litigation | ||
ultimately results in the matter being held invalid by a final court | ||
judgment; or | ||
(2) has been held invalid by a final court judgment. | ||
SECTION 5. (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 6. For purposes of Section 8473.052(b)(2), Special | ||
District Local Laws Code, as amended by this Act, the effective date | ||
of the temporary directors' designation is the effective date of | ||
this Act. | ||
SECTION 7. 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, 2017. |