Bill Text: TX SB592 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: Relating to the creation of the Brickston Municipal Utility District; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Sponsorship: Partisan Bill (Democrat 2)

Status: (Passed) 2019-06-10 - Effective immediately [SB592 Detail]

Download: Texas-2019-SB592-Enrolled.html

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S.B. No. 592

AN ACT
relating to the creation of the Brickston Municipal Utility
District; 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 8038 to read as follows:
CHAPTER 8038. BRICKSTON MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8038.0101. 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 Brickston Municipal Utility
District.
Sec. 8038.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8038.0103. 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. 8038.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8038.0103 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. 8038.0105. 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. 8038.0106. 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. 8038.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 8038.0202, directors
serve staggered four-year terms.
Sec. 8038.0202. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, 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 8038.0103; 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 8038.0103 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 8038.0103; 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. 8038.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8038.0302. 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. 8038.0303. 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. 8038.0304. 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 the road project is located.
(b) If a road project is not located in the corporate limits
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. 8038.0305. 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. 8038.0401. 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 8038.0403.
(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. 8038.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8038.0401, 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. 8038.0403. 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. 8038.0501. 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. 8038.0502. 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. 8038.0503. 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 Brickston Municipal Utility District
initially includes all the territory contained in the following
area:
BEING A 448.8-ACRE [19,551,571 SQUARE FEET] MUD TRACT OUT OF
THE WILLIAM HINES SURVEY NUMBER 53, ABSTRACT NUMBER 346, TRAVIS
COUNTY, TEXAS, SAID TRACT BEING ALL OF THAT CALLED 127.535-ACRE
TRACT DESCRIBED TO TEXAS BRIDLE TRAILS, LLC., AS RECORDED IN
DOCUMENT NUMBER 2008035687 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS
COUNTY, TEXAS [O.P.R.T.C.T.], AND A PORTION OF THAT CALLED
315.26-ACRE TRACT DESCRIBED TO TEXAS BRIDLE TRAILS, LLC. AS
RECORDED IN DOCUMENT NUMBER 2008035688 O.P.R.T.C.T. SAID TRACT
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 5/8-inch iron rod found in the west line of
that called 29.556-acre tract described to Centex Land, LTD. as
recorded in Document Number 1999124374 O.P.R.T.C.T. for the south
corner of that called 9.35-acre tract described to Johnny Wilkins,
Jr. and wife, Virgina C. Wilkins as recorded in Volume 12363, Page
2230 of the Real Property Records of Travis County, Texas
[R.P.R.T.C.T.], same being the east corner of said 315.26-acre
tract and the east corner of the tract described herein;
THENCE with said west line of the 29.556-acre tract, same
being the east line of said 315.26-acre tract, S26°55'05"W a
distance of 926.58 feet to a 1/2-inch iron rod found for the east
corner of that called 5.00-acre tract described to Amos Whit Parker
and Wife, Mary Catherine Parker as recorded in Volume 12714, Page
2046 R.P.R.T.C.T.;
THENCE with the north line of said 5.00-acre tract,
continuing with said east line of the 315.26-acre tract, N63°18'57"W
a distance of 796.21 feet to a 1/2-inch iron rod found for the north
corner of said 5.00-acre tract;
THENCE with the west line of said 5.00-acre tract, continuing
with said east line of the 315.26-acre tract, S26°40'58"W a distance
of 273.21 feet to the west corner of said 5.00-acre tract, same
being the north corner of that called 10.57-acre tract described to
David S. Rose and Kristen R. Carter, as recorded in Volume 12854,
Page 2132 R.P.R.T.C.T.;
THENCE with the west line of said 10.57-acre tract,
continuing with said east line of the 315.26-acre tract, S26°59'51"W
a distance of 578.62 feet to a point in the north line of that called
175.81-acre tract described to Centex Land, Ltd as recorded in
Volume 13299, Page 2327 R.P.R.T.C.T. for the west corner of said
10.57-acre tract;
THENCE with said north line of the 175.81-acre tract,
continuing with said east line of the 315.26-acre tract, the
following five (5) courses and distances:
1) N63°35'01"W a distance of 41.42 feet to an angle
point,
2) N61°56'37"W a distance of 120.25 feet to an angle
point,
3) N62°39'21"W a distance of 572.60 feet to a 1/2-inch
iron rod found for an angle point,
4) N62°32'09"W a distance of 228.42 feet to a 3/8-inch
iron rod found for an angle point,
5) N62°48'14"W a distance of 1,444.80 feet to an angle
point for the north corner of said 175.81-acre tract;
THENCE with the west line of said 175.81-acre tract, same
being the south line of said 315.26-acre tract, S27°07'44"W a
distance of 76.16 feet to an angle point for the east corner of said
127.535-acre tract;
THENCE continuing with said west line of the 175.81-acre
tract, same being the east line of said 127.535-acre tract, the
following two (2) courses and distances:
1) S27°32'56"W a distance of 1,770.97 feet to an angle
point for the south corner of said 127.535-acre tract, and
2) N61°57'33"W a distance of 395.35 feet to an angle
point in the east line of that called 202.522-acre tract described
to Robert E. Lundgren & Kathryn E. Lundgren as recorded in Volume
11133, Page 517 R.P.R.T.C.T.;
THENCE with the east line of said 202.522-acre tract, same
being the south line of said 127.535-acre tract, N28°06'22"E a
distance of 20.48 feet to an angle point for the east corner of said
202.522-acre tract;
THENCE with the north line of said 202.522-acre tract,
continuing with said south line of the 127.535-acre tract,
N63°06'01"W a distance of 2,773.48 feet to a point in the east line
of that called 84.987-acre tract described to Ruth Ann Lofton
Kylberg as recorded in Volume 6863, Page 1580 of the Deed Records of
Travis County, Texas, for the west corner of said 127.535-acretract
and the west corner of the tract described herein;
THENCE with said east line of the 84.987-acre tract, same
being the west line of said 127.535-acre tract, N27°08'30"E a
distance of 797.97 feet to 1/2-inch iron rod found for the apparent
southerly terminus of Giese Lane, a varying-width right-of-way, no
record information found;
THENCE with the apparent east right-of-way line of Giese
Lane, continuing with the west line of said 127.535-acre tract, the
following two (2) courses and distances:
1) N51°48'59"E a distance of 48.16 feet to an angle
point, and
2) N26°22'12"E a distance of 900.92 feet to a 3/4-inch
iron rod found for the north corner of said 127.535-acre tract;
THENCE continuing with the apparent east right-of-way line of
Giese Lane, with the west line of said 315.26-acre tract, the
following two (2) courses and distances:
1) N26°32'58"E a distance of 281.93 feet to an angle
point, and
2) N26°37'58"E a distance of 64.47 feet to an angle
point at the intersection of the apparent common Manor County Extra
Territorial Jurisdiction line and the apparent Travis County Line
with said apparent east right-of-way line of Giese Lane and said
west line of the 315.26-acre tract;
THENCE leaving said apparent east right-of-way line of Giese
Lane and said west line of the 315.26-acre tract, crossing said
315.26-acre tract, with the apparent common Manor County Extra
Territorial Jurisdiction line and the apparent Travis County Line,
the following three (3)courses and distances:
1) S89°34'15"E a distance of 319.29 feet to an angle
point,
2) N13°12'51"E a distance of 581.96 feet to an angle
point, and
3) N06°47'45"E a distance of 425.37 feet to an angle
point at the intersection of said apparent common Manor County
Extra Territorial Jurisdiction line and said apparent Travis County
Line with said apparent east right-of-way line of Giese Lane and
said west line of the 315.26-acre tract;
THENCE with said apparent east right-of-way line of Giese
Lane and said west line of the 315.26-acre tract, N26°52'58"E a
distance of 1,166.16 feet to the west corner of that called
286.05-acre tract described to Sharon Dusek Wertz as recorded in
Volume 11258, Page 38 R.P.R.T.C.T., same being the north corner of
said 315.26-acre tract and the north corner of the tract described
herein;
THENCE with the south line of said 286.05-acre tract, same
being the north line of said 315.26-acre tract, S63°12'58"E a
distance of 3,177.15 feet to the south corner of said 286.05-acre
tract, same being the west corner of that called 50.349-acre tract
described to Robert Alvarez as recorded in Document Number
2001200295 O.P.R.T.C.T.;
THENCE with the south line of said 50.349-acre tract,
continuing with said north line of the 315.26-acre tract, the
following two (2) courses and distances:
1) S64°27'40"E a distance of 128.51 feet to an angle
point, and
2) S63°20'13"E a distance of 972.11 feet to the north
corner of that apparent 20.00-acre tract to Johnny Wilkins Jr. &
Virginia C. Wilkins, no record information found;
THENCE with the west line of said 20.00-acre tract, with the
west line of that called 5.00-acre tract described to Johnny
Wilkins Jr. and wife, Virginia Cox Wilkins as recorded in Volume
6501, Page 42 R.P.R.T.C.T., continuing with said north line of the
315.26-acre tract, S26°39'06"W a distance of 800.88 feet to the west
corner of said 5.00-acre tract;
THENCE with the south line of said 5.00-acre tract, with the
south line of said 9.35-acre tract, continuing with said north line
of the 315.26-acre tract, S63°20'40"E a distance of 2,096.59 feet to
said POINT OF BEGINNING of the tract described herein, and
containing 448.8 Acres [19,551,571 Square Feet].
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
8038, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8038.0306 to read as follows:
Sec. 8038.0306. 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, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 592 passed the Senate on
April 26, 2019, by the following vote: Yeas 29, Nays 1; and that
the Senate concurred in House amendment on May 25, 2019, by the
following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 592 passed the House, with
amendment, on May 22, 2019, by the following vote: Yeas 113,
Nays 31, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor