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 |
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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 |