Bill Text: TX HB4673 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: Relating to the creation of the Chambers County Municipal Utility District No. 3; 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) 2019-06-14 - Effective immediately [HB4673 Detail]

Download: Texas-2019-HB4673-Enrolled.html

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H.B. No. 4673

AN ACT
relating to the creation of the Chambers County Municipal Utility
District No. 3; 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 8042 to read as follows:
CHAPTER 8042. CHAMBERS COUNTY MUNICIPAL UTILITY DISTRICT NO. 3
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8042.0101. 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 Chambers County Municipal
Utility District No. 3.
Sec. 8042.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8042.0103. 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. 8042.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8042.0103 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. 8042.0105. 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. 8042.0106. 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. 8042.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8042.0202, directors
serve staggered four-year terms.
Sec. 8042.0202. 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 8042.0103; 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 8042.0103 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 8042.0103; 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. 8042.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8042.0302. 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. 8042.0303. 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. 8042.0304. 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. 8042.0305. 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. 8042.0401. 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 8042.0403.
(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. 8042.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8042.0401, 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. 8042.0403. 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. 8042.0501. 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. 8042.0502. 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. 8042.0503. 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 Chambers County Municipal Utility District
No. 3 initially includes all the territory contained in the
following area:
Description of a 187.1135 acre tract of land situated in the
Chambers County School Land Survey, Abstract 321, Chambers County,
Texas and being all of that certain 5.7270 acres described in Deed
for undivided interest from Gregory Angel, Trustee, to Montgomery
Jett Angel Trust dated October 30, 2018 and recorded under County
Clerk's File #2018-137473 of the Official Public Records of
Chambers County, Texas; all of the residue of that certain called
154.072 acres (Tract 3) conveyed by Chambers Grand Parkway
Development, Ltd. to Park Block, Ltd. by Correction Warranty Deed
dated November 16, 2009 and recorded in Volume 1161 at Page 209 of
the Official Public Records of Chambers County, Texas; all of that
certain called 41.7490 acres conveyed by Park Block, Ltd. to The
Noor Foundation by Correction Deed dated April 30, 2018 and
recorded under County Clerk's File #2018-131695 of the Official
Public Records of Chambers County, Texas; and all of that certain
27.497 acres conveyed by Mrs. Annie Pauline Miller to Harry W.
Freeman, Trustee, by Deed dated February 1, 1956 and recorded under
Volume 173 at Page 303 of the Deed Records of Chambers County, Texas
(now carried in the name of Family Interests, Ltd. on tax roll).
This 187.1135 acres is more particularly described by the following
metes and bounds, to-wit:
Beginning at a point in the South right-of-way line of
Interstate Highway No. 10 (300 feet wide right-of-way) for the
Northwest corner of that certain 40.323 acres described in Lis
Pendens dated June 6, 2005, styled State of Texas vs. Family
Interests, Ltd., recorded in Volume 781 at Page 367 of the Official
Public Records of Chambers County, Texas and the Northeast corner
of said 5.7270 acres. Said point being at the intersection of the
South right-of-way line of said Interstate Highway No. 10 with the
West right-of-way line of State Highway 99 (a/k/a East Grand
Parkway South) and being the Northernmost Northeast corner and
POINT OF BEGINNING of this tract. Said BEGINNING POINT has a State
Plane Coordinate Value of Y=13,870,267.98 and X=3,278,546.95.
Thence: South 02°31'30" East along the Northernmost East line
of this tract, the East line of said 5.7270 acres, the Northernmost
West line of said 40.323 acres and the West right-of-way line of
said State Highway 99 for a distance of 50.17 feet to a point for an
interior corner of this tract, an exterior corner of said 40.323
acres, an exterior corner of said State Highway 99 and the
Northernmost corner of said 154.072 acres. Said point being the
BEGINNING POINT of a curve to the right, concave Southerly.
Thence: Along and around said curve to the right, in an
Southeasterly direction, along the Southernmost East line of this
tract, the East line of said 154.072 acres, a West line of said
40.323 acres and the West right-of-way line of said State Highway
99, said curve having a radius of 1110.92 feet, a central angle of
28°44'53" and a chord bearing and distance of South 61°49'04" East
551.57 feet, for an arc length of 557.40 feet to a point for the
TERMINATION POINT of said curve.
Thence: South 27°18'35" East along the Southernmost East line
of this tract, the East line of said 154.072 acres, the Southernmost
West line of said 40.323 acres and the West right-of-way line of
said State Highway 99, for a distance of 2133.74 feet to a point for
the BEGINNING POINT of a curve to the right, concave Westerly.
Thence: Along and around said curve to the right, in a
Southerly direction, along the Southernmost East line of this
tract, the East line of said 154.072 acres, the East line of said
41.7490 acres, the Southernmost West line of said 40.323 acres and
the West right-of-way line of said State Highway 99, said curve
having a radius of 2664.77 feet, a central angle of 57°06'14", a
chord bearing and distance of South 01°14'09" West 2547.28 feet, for
an arc length of 2655.85 feet to a point in the South line of said
Chambers County School Land Survey and the North line of the Jacob
Townsend Survey, Abstract 25, Chambers County, Texas. Said point
being in the North line of that certain called 92.3102 acres
conveyed by Joseph Kilgore Heirs to Kilgore Business, LLC by Deed
dated June 30, 2016 and recorded in Volume 1663 at Page 649 of the
Official Public Records of Chambers County, Texas and being the
Southeast corner of this tract, the Southeast corner of said
41.7490 acres and the Southwest corner of said 40.323 acres.
Thence: South 87°32'17" West along the Easternmost South line
of this tract, the South line of said Chambers County School Land
Survey, the South line of said 41.7490 acres, the South line of said
154.072 acres, the North line of said 92.3102 acres and the North
line of said Townsend Survey for a distance of 945.19 feet to a
point for the Southernmost Southwest corner of this tract, the
Southwest corner of said 41.7490 acres, the Southernmost Southwest
corner of said 154.072 acres and the Southeast corner of that
certain called 32.10 acres conveyed by Gordon W. Speer to Speer
Properties, Inc. by Deed dated February 28, 2002 and recorded in
Volume 549 at Page 766 of the Official Public Records of Chambers
County, Texas.
Thence: North 02°27'43" West along the Southernmost West line
of this tract, the Southernmost West line of said 154.072 acres, the
West line of said 41.7490 acres and the East line of said 32.10
acres for a distance of 1478.65 feet to a point for an interior
corner of this tract, the Northwest corner of said 41.7490 acres and
the Northeast corner of said 32.10 acres.
Thence: South 87°32'17" West along the Westernmost South line
of this tract, the Westernmost South line of said 154.072 acres, the
North line of said 32.10 acres and the North line of that certain
called 1.9821 acres conveyed by Gordon W. Speer to Speer
Properties, Inc. by Deed dated February 28, 2002 and recorded in
Volume 549 at Page 769 of the Official Public Records of Chambers
County, Texas, for a distance of 1478.70 feet to a point for the
Westernmost Southwest corner of this tract, the Westernmost
Southwest corner of said 154.072 acres and the Northwest corner of
said 1.9821 acres.
Thence: North 02°27'43" West along the Westernmost West line
of this tract, the Westernmost West line of said 154.072 acres, and
the East line of that certain 4.391 acres conveyed by Leola Trichel,
et al, to Speer Properties, Inc. by Deed dated September 13, 1989
and recorded in Volume 89 at Page 126 of the Official Public Records
of Chambers County, Texas, for a distance of 1040.40 feet to a point
for the Southwest corner of said called 27.497 acres.
Thence: Continue North 02°27'43" West along the Westernmost
West line of this tract, the Westernmost West line of said 154.072
acres, the West line of said 27.497 acres, the East line of said
4.391 acres and the East line of that certain called 1.49 acres
conveyed by Mrs. Eleanore Collier, et al, to United Gas Pipe Line
Company by Deed dated December 24, 1954 and recorded in Volume 163
at Page 459 of the Deed Records of Chambers County, Texas, for a
distance of 1086.56 feet to a point for the Westernmost Northwest
corner of this tract, the Northwest corner of said 27.497 acres and
the Southwest corner of that certain called 20.98 acres conveyed by
Betty Stubbs McCune to Frank B. McCune in Cause #3127 of the Probate
Records of Chambers County, Texas.
Thence: North 87°37'17" East along the Westernmost North line
of this tract, the North line of said 27.497 acres and the South
line of said 20.98 acres for a distance of 1094.44 feet to a point
for the Northeast corner of said 27.497 acres and an exterior corner
of said 154.072 acres.
Thence: Continue North 87°37'17" East along the Westernmost
North line of this tract, the Westernmost North line of said 154.072
acres and the South line of said 20.98 acres for a distance of
123.63 feet to a point for an interior corner of this tract, an
interior corner of said 154.072 acres and the Southeast corner of
said 20.98 acres.
Thence: North 02°31'30" West along an interior West line of
this tract, the Northernmost West line of said 154.072 acres and the
East line of said 20.98 acres for a distance of 764.88 feet to a
point for an interior corner of this tract, the Northeast corner of
said 20.98 acres and the Southeast corner of the heretofore
mentioned 5.7270 acres.
Thence: South 87°31'35" West along an interior line of this
tract, the South line of said 5.7270 acres and the North line of
said 20.98 acres for a distance of 607.18 feet to a point for an
exterior corner of this tract, the Southwest corner of said 5.7270
acres and the Southeast corner of that certain 4.964 acres conveyed
by Michael L. Graham, et al, to Wowco Properties, LLC by Deed dated
August 18 and 19, 2016 and recorded in Volume 1677 at Page 404 of the
Official Public Records of Chambers County, Texas.
Thence: North 02°17'47" West along the Northernmost West line
of this tract, the West line of said 5.7270 acres and the East line
of said 4.964 acres for a distance of 383.93 feet to a point in the
South right-of-way line of said Interstate Highway No. 10 for the
Northernmost Northwest corner of this tract, the Northwest corner
of said 5.7270 acres and the Northeast corner of said 4.964 acres.
Thence: North 82°20'19" East along the Northernmost North
line of this tract, the North line of said 5.7270 acres and the
South right-of-way line of said Interstate Highway No. 10 for a
distance of 608.09 feet to the PLACE OF BEGINNING and containing
within these boundaries 187.1135 acres or 8,150,665 square feet 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
8042, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8042.0306 to read as follows:
Sec. 8042.0306. 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 certify that H.B. No. 4673 was passed by the House on April
25, 2019, by the following vote: Yeas 116, Nays 20, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4673 on May 24, 2019, by the following vote: Yeas 133, Nays 5,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4673 was passed by the Senate, with
amendments, on May 15, 2019, by the following vote: Yeas 30, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor