Bill Text: TX SB592 | 2019-2020 | 86th Legislature | Enrolled
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.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2019-06-10 - Effective immediately [SB592 Detail]
Download: Texas-2019-SB592-Enrolled.html
S.B. No. 592 |
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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 |