Bill Text: TX HB4724 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the creation of the Dove Valley Ranch Municipal Utility District of Johnson County; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB4724 Detail]
Download: Texas-2019-HB4724-Enrolled.html
H.B. No. 4724 |
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relating to the creation of the Dove Valley Ranch Municipal Utility | ||
District of Johnson County; 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 7895 to read as follows: | ||
CHAPTER 7895. DOVE VALLEY RANCH MUNICIPAL UTILITY DISTRICT OF | ||
JOHNSON COUNTY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7895.0101. 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 Dove Valley Ranch Municipal | ||
Utility District of Johnson County. | ||
Sec. 7895.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7895.0103. 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. 7895.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
7895.0103 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. 7895.0105. 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. 7895.0106. 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. 7895.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 7895.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 7895.0202. TEMPORARY DIRECTORS. (a) On or after | ||
September 1, 2019, 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 7895.0103; or | ||
(2) September 1, 2023. | ||
(c) If permanent directors have not been elected under | ||
Section 7895.0103 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 7895.0103; 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. 7895.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7895.0302. 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. 7895.0303. 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. 7895.0304. 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. 7895.0305. 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. | ||
Sec. 7895.0306. DIVISION OF DISTRICT. (a) The district may | ||
be divided into two or more new districts only if the district: | ||
(1) has no outstanding bonded debt; and | ||
(2) is not imposing ad valorem taxes. | ||
(b) This chapter applies to any new district created by the | ||
division of the district, and a new district has all the powers and | ||
duties of the district. | ||
(c) Any new district created by the division of the district | ||
may not, at the time the new district is created, contain any land | ||
outside the area described by Section 2 of the Act enacting this | ||
chapter. | ||
(d) The board, on its own motion or on receipt of a petition | ||
signed by the owner or owners of a majority of the assessed value of | ||
the real property in the district, may adopt an order dividing the | ||
district. | ||
(e) The board may adopt an order dividing the district | ||
before or after the date the board holds an election under Section | ||
7895.0103 to confirm the district's creation. | ||
(f) An order dividing the district must: | ||
(1) name each new district; | ||
(2) include the metes and bounds description of the | ||
territory of each new district; | ||
(3) appoint temporary directors for each new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between or among the new districts. | ||
(g) On or before the 30th day after the date of adoption of | ||
an order dividing the district, the district shall file the order | ||
with the commission and record the order in the real property | ||
records of each county in which the district is located. | ||
(h) Any new district created by the division of the district | ||
shall hold a confirmation and directors' election as required by | ||
Section 7895.0103. If the voters of a new district do not confirm | ||
the creation of the new district, the assets, obligations, | ||
territory, and governance of the new district revert to the | ||
original district. | ||
(i) Municipal consent to the creation of the district and to | ||
the inclusion of land in the district granted under Section | ||
7895.0104 acts as municipal consent to the creation of any new | ||
district created by the division of the district and to the | ||
inclusion of land in the new district. | ||
(j) Any new district created by the division of the district | ||
must hold an election as required by this chapter to obtain voter | ||
approval before the district may impose a maintenance tax or issue | ||
bonds payable wholly or partly from ad valorem taxes. | ||
(k) If the creation of the new district is confirmed, the | ||
new district shall provide the election date and results to the | ||
commission. | ||
Sec. 7895.0307. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7895.0401. 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 7895.0403. | ||
(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. 7895.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7895.0401, 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. 7895.0403. 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. 7895.0501. 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. 7895.0502. 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. 7895.0503. 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 Dove Valley Ranch Municipal Utility District | ||
of Johnson County initially includes all the territory contained in | ||
the following area: | ||
574.533 acres of land situated in Johnson County, Texas, | ||
being made up of the following three (3) tracts of land: | ||
Tract I: | ||
BEING all that certain tract or parcel of land lying and being | ||
situated in the JOHNSON COUNTY SCHOOL SURVEY ABSTRACT NO. 437, | ||
Johnson County, Texas and being the remainder of a tract described | ||
in deed to Daniel Cattle Company recorded in Book 3425, Page 705, | ||
Deed Records, Johnson County, Texas and being more particularly | ||
described as follows: | ||
BEGINNING at a fence corner post at the intersection of the | ||
north line of said Daniel Tract and the East right of way line of | ||
F.M. Road 2331 and being on the south line of a tract described in a | ||
deed to P.C. Bishop et ux, recorded in Volume 424, Page 353, Deed | ||
Records, Johnson County, Texas and being the Northwest corner of | ||
the remainder of said Daniel Tract; | ||
THENCE North 89 degrees 29 minutes 13 seconds East with the | ||
north line of said Daniel Tract the south line of said Bishop Tract | ||
part of the way, passing the southeast corner of said Bishop Tract | ||
and the Southwest corner of a tract described in a deed to Susan R. | ||
Welborn, recorded in Book 2578, Page 105, Deed Records, Johnson | ||
County, Texas, continuing with the south line of said Welborn Tract | ||
a total distance of 3398.43 feet to a set 1/2 inch iron pin stamped | ||
"Metroplex 1849" at the Southwest corner of Mustang Estates Phase | ||
1, an addition to the County of Johnson according to the plat | ||
thereof recorded in Volume 8, Page 640-641, Plat Records, Johnson | ||
County, Texas; | ||
THENCE North 89 degrees 28 minutes 46 seconds East with the | ||
North line of said Daniel tract and the South line of said Mustang | ||
Estates a distance of 1262.51 feet to a set 1/2 inch iron pin | ||
stamped "Metroplex 1849"; | ||
THENCE North 89 degrees 31 minutes 45 seconds East continuing | ||
with the north line of said Daniel Tract and the south line of said | ||
Mustang Estates a distance of 1378.82 feet to a set PK Nail at the | ||
Northeast corner of said Daniel tract on the West line of a tract | ||
described in a deed to Eugene Embry recorded in Book 2419, Page 755, | ||
Deed Records, Johnson County, Texas and said nail being in County | ||
Road 1004; | ||
THENCE South 00 degrees 28 minutes 11 seconds East with the | ||
east line of said Daniels Tract a distance of 2587.09 feet to a set | ||
PK Nail at the southeast corner of said Daniels Tract being the | ||
northeast corner of a tract described in a deed to John Walter | ||
Hubbard recorded in Volume 750, Page 273, Deed Records, Johnson | ||
County, Texas said corner also being on the west line of a tract | ||
described in a deed to Evernon C. Carrell recorded in Volume 480, | ||
Page 579, Deed Records, Johnson County, Texas; | ||
THENCE South 89 degrees 47 minutes 22 seconds West with the | ||
south line of said Daniel Tract, the north line of said John Walter | ||
Hubbard Tract part of the way passing the northeast corner of a | ||
tract described in a deed to Winford Gayland Hubbard et ux, recorded | ||
in Volume 1533, Page 492, Deed Records, Johnson County, Texas, | ||
continuing for a total distance of 3391.80 feet to a found iron pin | ||
at the northwest corner of said Windford Gayland Hubbard Tract and | ||
the northeast corner of a tract described in a deed to Mark E. | ||
Angeledes and Delana D. Angeledes recorded in Book 2833, Page 944, | ||
Deed Records, Johnson County, Texas; | ||
THENCE South 89 degrees 18 minutes 56 seconds West with the | ||
south line of said Daniel Tract, the north line of said Angeledes | ||
Tract part of the way passing the northwest corner of said Angeledes | ||
Tract and the northeast corner of a tract described in a deed to | ||
Bart Lynch et ux recorded in Book 2805, Page 840, Deed Records, | ||
Johnson County, Texas continuing with the north line of said Lynch | ||
Tract a total distance of 1344.68 feet to a found iron pin at the | ||
northwest corner of said Lynch Tract and the northeast corner of a | ||
tract described in a deed to Ben Davis, Jr. recorded in Book 2355, | ||
Page 431, Deed Records, Johnson County, Texas; | ||
THENCE South 89 degrees 19 minutes 35 seconds West with the | ||
south line of said Daniel Tract and the north line of said Davis | ||
Tract a distance of 1307.95 feet to a found iron pin at the | ||
intersection of the south line of said Daniel Tract and the east | ||
right of way of F.M. Road 2331 and being the northwest corner of | ||
said Davis Tract and the Southwest corner of the remainder of said | ||
Daniel Tract; | ||
THENCE North 00 degrees 22 minutes 01 seconds West with the | ||
east right of way line of F.M. Road 2331 a distance of 2577.73 feet | ||
to the POINT OF BEGINNING and Containing 357.408 acres of land, more | ||
or less. | ||
Tract II: | ||
BEING all that certain tract or parcel of land lying and being | ||
situated in the JOHNSON COUNTY SCHOOL SURVEY, ABSTRACT NO. 437, | ||
Johnson County, Texas, and being a part of a tract described in a | ||
deed to Susan Daniel Hammond et al, recorded in Volume 1222, Page | ||
578, Deed Records, Johnson County, Texas and being more | ||
particularly described as follows: | ||
BEGINNING at a found iron pin at the southwest corner of a | ||
tract described in a deed to Ben Davis, Jr. recorded in Volume 2355, | ||
Page 431, Deed Records, Johnson County, Texas and being on the east | ||
right of way line of F.M. 2331 from which a found iron pin at the | ||
northwest corner of said Davis Tract bears North 00 degrees 22 | ||
minutes 00 seconds West a distance of 416.82 feet; | ||
THENCE North 89 degrees 19 minutes 58 seconds East with the | ||
south line of said Davis Tract a distance of 1307.25 feet to a found | ||
iron pin at the southeast corner of said Davis Tract, and being on | ||
the west line of a tract described in a deed to Bart Lynch et ux, | ||
recorded in Book 2805, Page 840, Deed Records of Johnson County, | ||
Texas; | ||
THENCE South 00 degrees 22 minutes 09 seconds East with the | ||
west line of said Lynch Tract, a distance of 1303.49 feet to a found | ||
iron pin at the southwest corner of said Lynch Tract and the | ||
northwest corner of a called Tract 1, described in a deed to Scott | ||
Wayne Anderson et al recorded in Book 2509, Page 133, Deed Records | ||
of Johnson County, Texas; | ||
THENCE 00 degrees 23 minutes 53 seconds East with the west | ||
line of said Anderson Tract a distance of 349.90 feet to a found | ||
iron pin at the southwest corner of said Anderson Tract and the | ||
northwest corner of a tract described in a deed to Winston E. Dixon | ||
et ux recorded in Book 2802, Page 653, Deed Records, Johnson County, | ||
Texas; | ||
THENCE South 00 degrees 09 minutes 00 seconds East with the | ||
west line of said Dixon Tract a distance of 516.60 feet to a set PK | ||
Nail at the southwest corner of Dixon Tract and being on the south | ||
line of said Hammond Tract; | ||
THENCE South 89 degrees 19 minutes 43 seconds West with the | ||
south line of said Hammond Tract a distance of 1255.64 feet to a set | ||
PK Nail at the southern most southwest corner of said Hammond Tract | ||
and being the east right of way line F.M. Road 2331; | ||
THENCE North 00 degrees 17 minutes 46 seconds West with the | ||
west line of said Hammond Tract and the east right of way line of | ||
F.M. Road 2331 a distance of 20.11 feet to a set 1/2 inch iron pin | ||
stamped "Metroplex 1849"; | ||
THENCE North 45 degrees 22 minutes 01 second West with the | ||
west line of said Hammond Tract and the east right of way line of | ||
F.M. Road 2331 a distance of 70.60 feet to a set 1/2 inch iron pin | ||
stamped "Metroplex 1849"; | ||
THENCE North 00 degrees 22 minutes 00 seconds West with the | ||
west line of said Hammond Tract and the east right of way line of | ||
F.M. Road 2331 a distance of 2099.78 feet to the POINT OF BEGINNING | ||
and containing 65.064 acres of land, more or less. | ||
Tract III: | ||
152.061 Acres situated in and being a portion of Sections 18 | ||
and 19, JOHNSON COUNTY SCHOOL LAND SURVEY, ABSTRACT No. 427, | ||
Johnson County, Texas and being all those certain Lots, Tracts or | ||
Parcels of land described by deeds to Ronald W. Welborn, Trustee, | ||
recorded in Volume 2465, Page 461 and Susan R. Welborn, recorded in | ||
Volume 2578, Page 105, Official Records, Johnson County, Texas and | ||
being more particularly described by metes and bounds as follows: | ||
BEGINNING at an iron rod set, said iron being the called | ||
southwest corner of said Section 18; | ||
THENCE N 00°22'34" W, 1316.79 feet to an iron rod set; | ||
THENCE N 89°33'30"E, 232.98 feet to an iron rod set; | ||
THENCE N 00°24'34" W, 1267.91 feet to an iron rod found; | ||
THENCE N 89°33'32" E, at 3119.2 feet passing an iron rod found | ||
in the west line of County Road No. 1004, as it exist and in all | ||
3140.20 feet to a nail set in said county road; | ||
THENCE S 00°24'30" E, 1700.08 feet to a nail in said county | ||
road; | ||
THENCE S 89°35'30" W, at 30.0 feet passing an iron rod found at | ||
the northeast corner of Dove Valley Ranch, an addition to Johnson | ||
County, Texas, according to the plat recorded in Volume 8, Page 641, | ||
Plat Records, Johnson County, Texas and in all 380.50 feet to an | ||
iron rod set at the most northerly northwest corner of said Dove | ||
Valley Ranch; | ||
THENCE with the line of said Dove Valley Ranch the following | ||
courses and distances; | ||
S 00°24'30" E, 239.47 feet to an iron rod found; | ||
S 89°30'30" W, 2270.28 feet to an iron rod found; | ||
S 00°26'18" E, 642.05 feet to an iron rod found at the | ||
southwest corner of said Dove Valley Ranch; | ||
THENCE S 89°27'14" W, 723.45 feet to the POINT OF BEGINNING | ||
152.061 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. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4724 was passed by the House on May 3, | ||
2019, by the following vote: Yeas 122, Nays 18, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4724 was passed by the Senate on May | ||
21, 2019, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |