Bill Text: TX SB2145 | 2021-2022 | 87th Legislature | Enrolled

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Bill Title: Relating to the creation of the Brazoria County Municipal Utility District No. 79; 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) 2021-05-24 - Effective immediately [SB2145 Detail]

Download: Texas-2021-SB2145-Enrolled.html

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S.B. No. 2145

AN ACT
relating to the creation of the Brazoria County Municipal Utility
District No. 79; 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 8151 to read as follows:
CHAPTER 8151. BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO. 79
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8151.0101. 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 Brazoria County Municipal
Utility District No. 79.
Sec. 8151.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8151.0103. 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. 8151.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8151.0103 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. 8151.0105. 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. 8151.0106. 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. 8151.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8151.0202, directors
serve staggered four-year terms.
Sec. 8151.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Mark C. Wargo;
(2) Kathleen English;
(3) Inna Babbitt;
(4) Linda Houston; and
(5) John B. Tickle.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8151.0103; 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 8151.0103 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 8151.0103; 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. 8151.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8151.0302. 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. 8151.0303. 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. 8151.0304. 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. 8151.0305. 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. 8151.0401. 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 8151.0403.
(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. 8151.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8151.0401, 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. 8151.0403. 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. 8151.0501. 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. 8151.0502. 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. 8151.0503. 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 Brazoria County Municipal Utility District
No. 79 initially includes all the territory contained in the
following area:
Being 79.905 acres of land located in the A. C. H. & B. R. R.
Co. Survey, Section 90 also known as the Kate R. Ehrmann Survey,
Abstract 459 of Brazoria County, Texas, more particularly being a
portion of Block "O" of the Allison Richey Gulf Coast Home Company
Part of Suburban Gardens, a subdivision of record in Volume 2, Page
91 & 92, Plat Records, Brazoria County, Texas (B.C.P.R.) more
particularly being all of those certain tracts called 2.2229 acres
(referred to as Tract B), 16.6700 acres (referred to as Tract C),
46.8412 acres (referred to as Tract D), 14.1479 acres (referred to
as Tract E) conveyed to VDB Partners, Ltd, by instrument of record
in File Number 99-050835, Official Records of Brazoria County,
Texas (B.C.O.R.), all of those certain tracts called 46.8412 acres
(referred to as Tract D), and 14.1479 acres (referred to as Tract E)
conveyed to VDB Partners, Ltd, by instrument of record in File
Number 99- 050834, B.C.O.R. and in an affidavit to correct legal
description of record under File Number 2006000883, B.C.O.R., said
79.905 acres being more particularly described by metes and bounds
in two tracts, Tract One being 16.447 acres and Tract Two being
63.458 acres as follows (all bearings referenced to the Texas
Coordinate System, South Central Zone, NAO 83 (1993 adjustment));
TRACT ONE
BEGINNING at a 5/8-inch iron rod found for a re-entrant
corner on the north line of that certain called 99.9653 acre tract
conveyed to SLP 288 and Rodeo Palms II, LP, by instrument of record
in File No. 2004064049, B.C.O.R.;
Thence, North 03° 08' 38" West, along the west line of said
14.1479 acre tract and the most northerly east line of said 99.9653
acre tract, 333.68 feet to a 5/8-inch iron rod with cap stamped "LA
THOMPSON 3987" found for the most northerly northeast corner of
said 99.9653 acre tract, same being the southeast corner of Lot 19,
Section 90 of the Allison Richey Gulf Coast Home Company Part of
Suburban Gardens, a subdivision of record in Volume 2, Page 98,
B.C.P.R.;
Thence, North 03° 19' 05" West, continuing along the west line
of said 14.1479 acre tract and along the east line of said Lot 19 and
Lot 18 of said subdivision, passing at 1,318.43 feet a TXDOT
concrete right-of-way monument found for the northeast corner of
said Lot 18 and for an angle point on the easterly right-of-way line
of State Highway 288 (width varies), from which a found TXDOT
concrete right-of-way monument bears South 85° 24' 57" West, 7.42
feet for an angle point on said easterly right-of-way line, and
continuing along said easterly right-of-way line and said west line
in all 1,354.07 feet to a 5/8-inch iron rod with cap stamped "LJA
ENG" set for an angle point on said easterly right-of-way line;
Thence, North 09° 45' 18" East, continuing along said 14.1479
acre tract and said easterly right-of-way line, passing at 472.50
feet a 5/8-inch iron rod found for the common west corner of said
14.1479 acre tract and the aforementioned 2.2229 acre tract, and
continuing along the common line of said easterly right-of-way line
and the westerly line of said 2.2229 acre tract, in all 865.71 feet
to a TXDOT concrete right-of-way monument found for an angle point
on said easterly right-of-way line, the beginning of a curve;
Thence, continuing along said common line, 251.31 feet along
the arc of a non-tangent curve to the left having a radius of
1,195.92 feet, a central angle of 12° 02' 25", and a chord that bears
North 03° 59' 19" East, 250.85 feet to a TXDOT concrete right-of-way
monument found for the point of tangency of said easterly
right-of-way line;
Thence, North 02° 01' 53" West, continuing along said common
line, 23.81 feet to a 5/8- inch iron rod with cap stamped "LJA ENG"
set for an angle point on said easterly right-of-way line;
Thence, North 41° 22' 51" East, continuing along said common
line, 139.94 feet to a 5/8- inch iron rod with cap stamped "LJA ENG"
set for an angle point on said easterly right-of-way line, said
point being the north corner of said 2.2229 acre tract and located
at the intersection of said easterly right-of-way line and the west
right-of-way line of County Road No. 82 (70 feet wide, AKA Iowa
Lane);
Thence, South 02° 27' 53" East, along said west right-of-way
line and the east line of said 2.2229 acre tract, passing at 755.91
feet the common east corner of said 2.2229 and 14.1479 acre tracts,
from which a found 5/8-inch iron rod bears North 81° 46' 31" West,
2.79 feet and a found 1/2-inch iron rod bears South 05° 03' 37"
East, 6.31 feet, and continuing along said west right-of-way line
and the east line of said 14.1479 acre tract, in all 2,903.60 feet
to a 5/8-inch iron rod with cap stamped "LJA ENG" set for the
intersection of said west right-of-way line with the north line of
said 99.9653 acre tract, from which a 5/8-inch iron rod bears North
02° 27' 53" West, 1.68 feet;
Thence, South 86° 42' 53" West, along the north line of said
99.9653 acre tract, 284.45 feet the POINT OF BEGINNING and
containing 16.447 acres of land.
TRACT TWO
BEGINNING at a 5/8-inch iron rod found for the northeast
corner of that certain called 99.9653 acre tract conveyed to SLP 288
and Rodeo Palms II, LP, by instrument of record in File
No. 2004064049, B.C.O.R.;
Thence, South 86° 42' 53" West, along the most easterly north
line of said 99.9653 acre tract, 964.95 feet to a 5/8-inch iron rod
with cap stamped "LJA ENG" set for the intersection of the east
right-of-way line of County Road No. 82 (70 feet wide, AKA Iowa
Lane) with the north line of said 99.9653 acre tract;
Thence, North 02° 27' 53" West, along said east right-of-way
line, passing at 2,147.50 feet the common west corner of the
aforementioned 46.8412 acre tract and the aforementioned 16.6700
acre tract, from which a found 5/8-inch iron rod bears North 71° 19'
55" West, 2.93 feet and a found 1/2-inch iron rod bears South 25° 18'
36" East, 6.82 feet, and continuing along said east right-of-way
line and the west line of the aforementioned 16.6700 acre tract, in
all 2,903.69 feet to a 5/8-inch iron rod with cap stamped "LJA ENG"
set for the intersection of said east right- of-way line and
easterly right-of-way line of State Highway 288 (width varies);
Thence, North 86° 38' 43" East, along said easterly
right-of-way line and along a north line of said 16.6700 acre tract,
139.51 feet to a 5/8-inch iron rod found for an angle point on said
easterly right-of-way line and a re-entrant corner on said north
line;
Thence, North 04° 30' 35" West, continuing along said easterly
right-of-way line and said north line, 29.58 feet to a 5/8-inch iron
rod found at the intersection of said easterly right-of-way line
and the south right-of-way line of County Road 58 (called 60 feet
wide);
Thence, North 86° 44' 06" East, along said south right-of-way
line and said north line, passing at 754.62 feet the common survey
line of said A. C. H. & B. R. R. Co. Survey, Section 90 and the Mary
V. O'Donnell! Survey, Abstract 469, of said Brazoria County,
continuing in all
784.31 feet to a 5/8-inch iron rod with cap stamped "LJA ENG"
set for the northeast corner of said 16.6700 acre tract as described
in File Number 99-050835, B.C.O.R.;
Thence, South 03° 17' 19" East, along the record east line of
said 16.6700 acre tract, passing at 785.03 feet the common east
corner of said 16.6700 and 46.8412 acre tracts, and continuing
along the record east line of said 46.8412 acre tract in all
2,932.86 feet to the POINT OF BEGINNING and containing 63.458 acres
of land.
Said Tract One and Tract Two containing a total of 79.905
acres.
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
8151, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8151.0306 to read as follows:
Sec. 8151.0306. 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 hereby certify that S.B. No. 2145 passed the Senate on
April 29, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2145 passed the House on
May 8, 2021, by the following vote: Yeas 109, Nays 30, two present
not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor