Bill Text: TX HB4658 | 2021-2022 | 87th Legislature | Enrolled


Bill Title: Relating to the creation of the Huntsville Municipal Utility District No. 1 of Walker County, Texas; 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) 2021-06-15 - Effective immediately [HB4658 Detail]

Download: Texas-2021-HB4658-Enrolled.html
 
 
  H.B. No. 4658
 
 
 
 
AN ACT
  relating to the creation of the Huntsville Municipal Utility
  District No. 1 of Walker County, Texas; 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 7935A to read as follows:
  CHAPTER 7935A.  HUNTSVILLE MUNICIPAL UTILITY DISTRICT NO. 1 OF
  WALKER COUNTY, TEXAS
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 7935A.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 Huntsville Municipal Utility
  District No. 1 of Walker County, Texas.
         Sec. 7935A.0102.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 7935A.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. 7935A.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section
  7935A.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. 7935A.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. 7935A.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. 7935A.0201.  GOVERNING BODY; TERMS.  (a)  The district
  is governed by a board of five elected directors.
         (b)  Except as provided by Section 7935A.0202, directors
  serve staggered four-year terms.
         Sec. 7935A.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 7935A.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 7935A.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 7935A.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. 7935A.0301.  GENERAL POWERS AND DUTIES.  The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 7935A.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. 7935A.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. 7935A.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. 7935A.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. 7935A.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
  7935A.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. 7935A.0402.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 7935A.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. 7935A.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. 7935A.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. 7935A.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. 7935A.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 Huntsville Municipal Utility District No. 1
  of Walker County, Texas, initially includes all the territory
  contained in the following area:
         A METES & BOUNDS description of a calculated 350.0 acre tract
  of land situated in the John Beauchamp Survey, Abstract No. 92, the
  John Hume Survey, Abstract No. 264, the W.N. Mock Survey, Abstract
  No. 401, and the I.&G.N. R.R. Co. Survey, Abstract No. 691, in
  Walker County, Texas, being all of a called 6.00 acre tract (Tract 1 –
  C.F. No. 201700028486) recorded in Clerk’s File No. 201700028486,
  Walker County Official Records, and being all of a calculated 340.0
  acre tract (Tract 2 – C.F. No. 201700028487) out of a called 710.308
  acre tract recorded in Clerk’s File No. 201700028487, Walker County
  Official Records, said calculated 350.0 acre tract being more
  particularly described as follows:
  (Tract 1 – C.F. No. 201700028486)
         Being 6.000 acres (261,338 square feet) tract of land out of
  the John Hume Survey, Abstract No. 264, and the John Beauchamp
  Survey, Abstract No. 92, Walker County Texas and being out of the
  Lot 3B of Amending Replat of Lot 3, Stephen H. Dawson Subdivision as
  recorded under Volume 6, Page 35 of the Walker County Plat Records
  (W.C.P.R.), Texas and being out of a called Lot 3 (18.251 acres) as
  conveyed to BDB Investments, a Texas General Partnership composed
  of J.D. Davis, Bradley D. Davis, and J. Barrett Davis as recorded
  under Document No. 200800005295 of the Walker County Deed Records
  (W.C.D.R.), Texas and a 0.63 acre tract (designated Tract One) and a
  1.347 acre tract (designated Tract Two) as conveyed to BDB
  Investments, a Texas General Partnership composed of J.D. Davis,
  Bradley D. Davis, and J. Barrett Davis as recorded under Document
  No. 201100005893 W.C.D.R. and being more particularly described by
  metes and bounds as follows (with bearings referenced to Texas
  State Plane Coordinate System Central Zone, NAD83).
         BEGINNING at a point in the south right-of-way line of
  Veterans Memorial Parkway (variable width as recorded in Volume
  399, Page 705 W.C.D.R.) and being the northwest comer of a called
  254.36 acre tract of land conveyed to Samuella W. Palmer, Trustee of
  the Samuella W. Palmer Trust as recorded under Document No.
  200700007382 W.C.D.R. and for the northeast corner of Lot 3B of
  Amending Replat of Lot 3, Stephen H. Dawson Subdivision as recorded
  under Volume 6, Page 35 of the Walker County Plat Records
  (W.C.P.R.), Texas and herein described tract;
         THENCE, South 03°00'42" East, 595.64 feet along the east line
  of Lot 3B and the west line of the called 254.36 acre tract to the
  northeast comer of a called 710.338 acre tract conveyed to
  Alexander 263, Ltd.-Baker, LP, a Texas Limited Partnership as
  recorded in Volume 956, Page 33 W.C.D.R., and the southeast corner
  of Lot 3B and for corner of the herein described tract;
         THENCE, North 67°41’21" West, 61.09 feet along the north line
  of the called 710.338 acre tract and the south line of Lot 3B to the
  northeast corner of a 0.63 acre tract (designated Tract One) as
  conveyed to BDB Investments, a Texas General Partnership composed
  of J.D. Davis, Bradley D. Davis, and J. Barrett Davis as recorded
  under Document No. 201100005893 W.C.D.R. and the northwest corner
  of the called 710.338 acre tract and for corner of the herein
  described tract;
         THENCE, South 22°11’28" West, 337.01 feet along the west line
  of the called 710.338 acre tract and the east line of the called
  0.63 acre tract and a 1.347 acre tract (designated Tract Two) as
  conveyed to BDB Investments, a Texas General Partnership composed
  of J.D. Davis, Bradley D. Davis, and J. Barrett Davis as recorded
  under Document No. 201100005893 W.C.D.R. to the northeast corner of
  a called 0.87 acre tract conveyed to City of Huntsville as recorded
  under Volume 233, Page 130 W.C.D.R. and for the southeast corner of
  the herein described tract;
         THENCE, North 67°41’34” West, 275.10 feet along the south
  line of the called 1.347 acre and a called 0.53 acre tract conveyed
  to Alejandro Zavala and Patricia Zavala, husband and wife, as
  recorded under Volume 433 Page 308 W.C.D.R. to a point in the east
  right-of-way line of Marigold Lane (formerly known as Holly Lane-
  50 foot width as recorded under Volume 1, Page 18 W.C.P.R.) and for
  the southwest corner of the called 1.347 acre tract and the herein
  described tract;
         THENCE, North 22°18'30" East, 337.03 feet along the east
  right-of-way line of Marigold Lane to a point in the south line of
  said Lot 3B and for the northwest corner of said called 0.63 acre
  tract and a corner of the herein described tract;
         THENCE, North 67°41’21" West, 15.66 feet along the south line
  of Lot 3B to a corner of the herein described tract;
         THENCE, North 16°58'02" East, 120.96 feet departing the south
  line of Lot 3B and through the interior of Lot 3B to an angle point;
         THENCE, North 03°15'52" East, 99.24 feet to an angle point;
         THENCE, North 03°02'25” West, 405.44 feet to a point in the
  north line of Lot 3B and the south right-of-way line of Veterans
  Memorial Parkway for the northwest comer of the herein described
  tract;
         THENCE, South 68°03'04" East, 45.14 feet along the north line
  of Lot 3B and the south right-of-way line of Veterans Memorial
  Parkway to an angle point;
         THENCE, South 56°16’24" East, 216.37 feet continuing along
  the north line of Lot 3B and the south right-of- way line of
  Veterans Memorial Parkway to an angle point;
         THENCE, South 68°00’20" East, 56.42 feet continuing along the
  north line of Lot 3B and the south right-of- way line of Veterans
  Memorial Parkway to the POINT OF BEGINNING, CONTAINING 6.00 acres
  (261,338 square feet) of land in Walker County, Texas, filed in the
  office of Elevation Land Solutions in The Woodlands, Texas.
  (Tract 2 – C.F. No. 201700028487)
         A METES & BOUNDS description of a certain 344.0 acre
  (14,984,662 square feet) tract of land situated in the W.N. Mock
  Survey, Abstract No. 401, and the I.&G.N. R.R. Co. Survey, Abstract
  No. 691, in Walker County, Texas, being out of a called 710.308 acre
  tract conveyed to East Loop Investments, L.L.C. by deed recorded in
  Clerk’s File No. 201700028487, Walker County Official Records; said
  344.0 acre (14,984,662 square feet) tract of land being more
  particularly described as follows with all bearings referenced to
  the Texas Coordinate System, Central Zone, NAD 83:
         BEGINNING at a point for the northeast corner of a called
  710.338 acres as conveyed to Alexander 263, Ltd-Baker, LP, a Texas
  Limited Partnership and recorded under Volume 956, Page 33 Walker
  County Deed Records and being the southeast corner of Lot 3B of
  Amending Replat of Lot 3 Stephen H. Dawson Subdivision as recorded
  under Volume 6, Page 35 of the Walker County Plat Records, Texas,
  and being in the west line of a called 254.36 acre tract of land
  conveyed to Samuella W. Palmer, Trustee of the Samuella W. Palmer
  Trust as recorded under Document No. 200700007382 of the Walker
  County Deed Records;
         THENCE, South 02°44’23” East, 4171.62 feet along the east
  line of the called 710.338 acre tract and the west line of the
  called 254.36 acre tract to a point for corner in the north line of
  the W.N. Mock Survey, Abstract No. 401;
         THENCE, South 04°00’26" East, 193.30 feet to a point for
  corner;
         THENCE, North 87°01’45" East, 410.40 feet to a point for
  corner in the east line of the called 710.338 acre tract;
         THENCE, South 67°56’27" East, 153.25 feet continuing along
  the east line of the called 710.338 acre tract to a point for corner
  in the west line of a called 557 acre tract described as Tract No.
  J12q conveyed to United States of America and recorded under Volume
  82, Page 131 of the Walker County Deed Records;
         THENCE, South 22°25’58” West, 3625.79 feet continuing along
  the east line of the called 710.338 acre tract and the west line of
  the called 557 acres tract to a point for corner;
         THENCE, North 67°41’58” West, 3767.59 feet to a point for
  corner in the west line of the called 710.338 acre tract and the
  east line of a remainder called 200 acre tract as conveyed to Heath
  Branch Fishing Club Incorporated as recorded under Volume 59, Page
  348 of the Walker County Deed Records;
         THENCE, North 21°40’17” East, 493.49 feet along the west line
  of the called 710.338 acre tract and the east line of the called
  remainder 200 acre tract to a point for the southwest corner of a
  called 50 acre tract of land conveyed to Heath Branch Fishing Club
  Incorporated as recorded under Volume 59, Page 348 of the Walker
  County Deed Records and corner of the called 710.338 acre tract and
  hereof;
         THENCE, South 66°36’33” East, 682.37 feet along the west line
  of the called 710.338 acre tract and the south line of the called 50
  acre tract to a point for the southeast corner of the called 50 acre
  tract and corner of the called 710.338 acre tract and hereof;
         THENCE, North 23°07’10" East, 3136.07 feet along the west
  line of the called 710.338 acre tract and the east line of the
  called 50 acre tract to a point in the south line of a called 28.161
  acre tract conveyed to MBV Ventured, Ltd., a Texas limited
  partnership as recorded under Document No. 201300005357 of the
  Walker County Deed Records, the northeast corner of said called 50
  acre tract and a corner of the called 710.338 acre tract and hereof;
         THENCE, South 67°41’58” East, 624.76 feet along the south
  line of the called 28.161 acre tract and the west line of the called
  710.338 acre tract to a point for the southeast corner of the called
  28.161 acre tract and a corner for the 710.338 acre tract and
  hereof;
         THENCE, North 22°11’28” East, 3786.54 feet along the west
  line of the called 710.338 acre tract to a point for corner in the
  south line of Lot 3B of the Amending Replat of Lot 3 Stephen H.
  Dawson Subdivision and for the northwest corner of said called
  710.338 acre tract and hereof;
         THENCE, South 67°41’21" East, 61.09 feet along the north line
  of the called 710.338 acre tract and the south line of Lot 3B to the
  POINT OF BEGINNING, CONTAINING 344.0 acres (14,984,662 square feet)
  of land in Walker County, Texas, filed in the office of Elevation
  Land Solutions in The Woodlands, Texas.
         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
  7935A, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 7935A.0306 to read as
  follows:
         Sec. 7935A.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 certify that H.B. No. 4658 was passed by the House on May
  14, 2021, by the following vote:  Yeas 105, Nays 40, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 4658 on May 28, 2021, by the following vote:  Yeas 100, Nays 43,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 4658 was passed by the Senate, with
  amendments, on May 27, 2021, by the following vote:  Yeas 30, Nays
  1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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