Bill Text: TX HB3937 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the creation of the LaSalle Municipal Utility District No. 2; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-05-04 - Comm. report sent to Local & Consent Calendar [HB3937 Detail]
Download: Texas-2013-HB3937-Introduced.html
83R12327 SGA-F | ||
By: Isaac | H.B. No. 3937 |
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relating to the creation of the LaSalle Municipal Utility District | ||
No. 2; granting a limited power of eminent domain; providing | ||
authority to issue bonds; providing authority to impose | ||
assessments, fees, or 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 8473 to read as follows: | ||
CHAPTER 8473. LASALLE MUNICIPAL UTILITY DISTRICT NO. 2 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8473.001. 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 LaSalle Municipal Utility | ||
District No. 2. | ||
Sec. 8473.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8473.003. CONFIRMATION AND DIRECTORS' 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. 8473.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 8473.003 | ||
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. 8473.005. 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. 8473.006. 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. 8473.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8473.052, directors serve | ||
staggered four-year terms. | ||
Sec. 8473.052. 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 8473.003; 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 8473.003 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 8473.003; 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. 8473.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8473.102. 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. 8473.103. AUTHORITY FOR ROAD PROJECTS. Under Section | ||
52, Article III, Texas Constitution, and Section 53.029(c), Water | ||
Code, 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. 8473.104. 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. 8473.105. 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. 8473.151. 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 8473.153. | ||
(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. 8473.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8473.151, 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. 8473.153. 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. 8473.201. 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. 8473.202. 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. 8473.203. 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 LaSalle Municipal Utility District No. 2 | ||
initially includes all the territory contained in the following | ||
area: | ||
FIELD NOTE DESCRIPTION OF 305.41 ACRES OF LAND OUT OF THE WILLIAM | ||
HEMPHILL SURVEY ABSTRACT No. 221 IN HAYS COUNTY, TEXAS, BEING A | ||
PORTION OF THAT CERTAIN (765.035 ACRE) TRACT OF LAND AS CONVEYED TO | ||
LASALLE HOLDINGS, LTD. BY SPECIAL WARRANTY DEED RECORDED IN VOLUME | ||
2909 PAGE 684 OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS, | ||
AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS | ||
FOLLOWS: | ||
BEGINNING at a 1/2" iron rod found in the Southwest line of Hays | ||
County Road No. 158 and for an angle corner in the Northeast line of | ||
that certain (765.035 acre) tract of land as conveyed to LaSalle | ||
Holdings, Ltd. by Special Warranty Deed recorded in Volume 2909 | ||
Page 684 of the Official Public Records of Hays County, Texas, and | ||
being the most Northerly corner and PLACE OF BEGINNING of the herein | ||
described tract of land, and from which a capped iron rod found | ||
(marked "Byrn") for an angle corner in the Northeast line of said | ||
LaSalle Holdings (765.035 acre) tract bears N 44 deg. 12' 41" E 9.20 | ||
ft.; | ||
THENCE with the Southwest line of Hays County Road No. 158 and with | ||
the Northeast line of said LaSalle Holdings (765.035 acre) tract, | ||
the following four (4) courses; | ||
1) S 45 deg. 36' 48" E 2564.23 ft. to a 1/2" iron rod found; | ||
2) S 28 deg. 19' 21" E 180.67 ft. to a 1/2" iron rod found; | ||
3) S 45 deg. 36' 07" E 787.93 ft. to a 1/2" iron rod found; | ||
4) S 00 deg. 52' 46" E 57.01 ft. to a 1/2" iron rod found for | ||
an Easterly angle corner of said | ||
LaSalle Holdings (765.035 acre) tract and being an | ||
Easterly angle corner of this tract; | ||
THENCE with the Northwest line of Hays County Road No. 158 and with | ||
the Southeast line of said LaSalle Holdings (765.035 acre) tract, | ||
the following two (2) courses; | ||
1) S 43 deg. 23' 26" W 2355.38 ft. to a 1/2" iron rod found; | ||
2) S 43 deg. 23' 01" W 1294.66 ft. to a point for the most | ||
Southerly corner of this tract and from which a 1/2" iron rod found | ||
in the Northwest line of Hays County Road No. 158 and in the | ||
Southeast line of said LaSalle Holdings (765.035 acre) tract bears | ||
S 43 deg. 23' 01" W 302.20 ft.; | ||
THENCE leaving the Northwest line of Hays County Road No. 158 and | ||
crossing the interior of said LaSalle Holdings (765.035 acre) tract | ||
with the Southwest line of this tract, N 45 deg. 39' 03" W 3568.62 | ||
ft. to a point in a Northwesterly line of said LaSalle Holdings | ||
(765.035 acre) tract for the most Westerly Northwest corner of this | ||
tract; | ||
THENCE with a Northwesterly line of said LaSalle Holdings (765.035 | ||
acre) tract, N 43 deg. 28' 18" E 700.00 ft. to a capped iron rod | ||
found (marked "Byrn") for an angle corner of said LaSalle Holdings | ||
(765.035 acre) tract and being an angle corner of this tract, and | ||
from which a 1" iron pipe found for an angle corner in a | ||
Southwesterly line of said LaSalle Holdings (765.035 acre) tract | ||
bears N 45 deg. 13' 18" W 487.22 ft.; | ||
THENCE re-crossing the interior of said LaSalle Holdings (765.035 | ||
acre) tract with the Northwest line of this tract, N 43 deg. 27' 55" | ||
E 3046.28 ft. to the PLACE OF BEGINNING, containing 305.41 acres of | ||
land. | ||
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 | ||
8473, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8473.106 to read as follows: | ||
Sec. 8473.106. 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, 2013. |