Bill Text: TX SB2626 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to the creation of the Blanton Creek Estates Municipal Utility District of Fannin County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-05-26 - Recommendations filed with the Senate [SB2626 Detail]

Download: Texas-2023-SB2626-Introduced.html

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88R23931 SCP-F
By: Hughes S.B. No. 2626

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Blanton Creek Estates Municipal
Utility District of Fannin County; 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 8009A to read as follows:
CHAPTER 8009A. BLANTON CREEK ESTATES MUNICIPAL UTILITY DISTRICT OF
FANNIN COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8009A.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 Blanton Creek Estates
Municipal Utility District of Fannin County.
Sec. 8009A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8009A.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. 8009A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8009A.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. 8009A.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. 8009A.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. 8009A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 8009A.0202, directors
serve staggered four-year terms.
Sec. 8009A.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Jonathan Nunn;
(2) Jon Anderson;
(3) Cody Hancock;
(4) Danny Green; and
(5) Chad Purser.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8009A.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 8009A.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 8009A.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. 8009A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8009A.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. 8009A.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. 8009A.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. 8009A.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. 8009A.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) A 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
8009A.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 8009A.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) 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.
(j) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
8009A.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.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8009A.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
8009A.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. 8009A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8009A.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. 8009A.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. 8009A.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. 8009A.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. 8009A.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 Blanton Creek Estates Municipal Utility
District of Fannin County initially includes all the territory
contained in the following area:
Being: 101.697 acres of land, a part of the William C. Ingram Survey
Abstract Number 558, lying and being situated on the West side of
County Road 4515 and the North side of County Road 4516 in Fannin
County, Texas. The said 101.697 acre tract being all of a called
39.267 acre tract conveyed in a Warranty Deed with Vendor's Lien
from Ned Kempson and wife, Dorthaleen Kempson to Michael G. Placke
and wife, Kathryn L. Placke of record in Volume 1108, Page 143 in
the Official Public Records of Fannin County, Texas and being the
remainder of a called 89.056 acre tract conveyed in a Warranty Deed
with Vendor's Lien from James A. Reeves to Michael G. Placke and
wife, Kathryn L. Placke of record in Volume 1043, Page 1031 in the
Official Public Records of Fannin County, Texas. The said 101.697
acre tract being described more particularly by metes and bounds as
follows:
Beginning at a 1/2" found iron rod at the Southwest corner of the
referenced 39.267 acre parent tract, at the Northwest corner of Lot
11 of the Forest Glen Addition of record in Cabinet B, Slide 70 and
being in the East line of a called 31.026 acre tract conveyed to
Martin L. Pineda and Ana B. Urbina in Instrument Number 2021000468
for the Point of Beginning and the Southwest corner of this tract.
Thence: N 01°11'18" E a distance of 667.07 feet to a 1/2" found iron
rod for a corner of this tract, at a corner of the referenced 39.267
acre parent tract and being at a corner of the referenced Pineda
tract.
Thence: N 02°26'01" E passing a 1/2" found iron rod at a distance of
94.56 feet and continuing a total distance of 145.63 feet to a point
near the centerline of Blanton Creek for the Westernmost Northwest
corner of this tract, at the Northwest corner of the referenced
39.267 acre parent tract and being at the Northeast corner of the
referenced Pineda tract.
Thence: along 60 calls with the centerline of Blanton Creek (for
acreage purposes only) with the approximate courses and distances
as follows:
1. S 65°28'31" E 38.41 feet 2. N 66°56'15" E 32.60 feet
3. N 06°16'43" W 67.93 feet 4. N 21°59'41" E 54.39 feet
5. N 50°15'39" E 43.62 feet 6. N 85°29'04" E 50.02 feet
7. N 53°41'14" E 52.36 feet 8. N 01°11'31" W 51.84 feet
9. N 33°32'34" E 77.42 feet 10. S 82°46'56" E 43.91 feet
11. S 43°00'39" E 34.27 feet 12. N 76°11'35" E 45.65 feet
13. N 05°48'07" W 66.08 feet 14. N 08°00'19" E 32.36 feet
15. N 68°56'29" E 61.61 feet 16. N 43°08'28" E 36.43 feet
17. N 08°13'39" W 54.13 feet 18. N 13°21'52" E 29.92 feet
19. S 83°21'57" E 76.85 feet 20. N 09°55'55" E 157.75 feet
21. N 21°45'12" E 50.94 feet 22. S 78°19'18" E 60.68 feet
23. S 12°01'44" E 50.81 feet 24. S 33°01'59" E 37.29 feet
25. N 69°27'32" E 30.84 feet 26. N 53°31'46" E 68.20 feet
27. N 69°47'02" E 129.13 feet 28. N 25°47'33" E 109.60 feet
29. S 77°12'16" E 38.96 feet 30. N 49°55'58" E 30.42 feet
31. N 24°15'55" W 85.55 feet 32. N 08°35'00" E 38.80 feet
33. N 57°34'06" E 42.08 feet 34. S 73°30'35" E 94.34 feet
35. N 13°22'20" E 49.48 feet 36. N 65°32'59" E 53.70 feet
37. N 12°41'05" E 34.51 feet 38. N 03°01'56" W 65.45 feet
39. N 18°48'56" E 57.65 feet 40. N 34°35'40" E 64.36 feet
41. N 79°50'23" E 33.79 feet 42. S 44°33'02" E 56.49 feet
43. S 88°37'39" E 28.67 feet 44. N 45°24'16" E 49.64 feet
45. N 80°11'49" E 21.21 feet 46. S 60°56'21" E 36.44 feet
47. N 69°20'02" E 35.82 feet 48. N 21°27'14" E 48.89 feet
49. S 55°23'13" E 62.54 feet 50. S 02°27'49" E 53.31 feet
51. S 27°40'20" W 54.84 feet 52. S 11°46'24" E 23.29 feet
53. S 63°51'02" E 56.05 feet 54. N 68°31'08" E 33.59 feet
55. N 36°59'26" E 48.95 feet 56. N 54°46'37" E 86.42 feet
57. N 40°29'43" E 119.41 feet 58. N 04°15'19" W 19.48 feet
59. N 15°40'17" W 71.81 feet 60. N 62°21'03" E 185.19 feet to
an "X" cut in the middle of a concrete bridge for the Northernmost
Northeast corner of this tract, near the centerline of County Road
4515, at the Northernmost Northeast corner of the referenced 89.056
acre parent tract remainder and being at the Northwest corner of a
called 18.200 acre Tract 8 conveyed to Diane Vestal Williams in
Volume 1645, Page 384.
Thence: along 4 calls near the centerline of County Road 4515 with
the approximate courses and distances as follows:
1. S 45°36'41" E 327.78 feet 2. S 42°19'35" E 220.60 feet
3. S 40°13'44" E 601.16 feet 4. S 12°12'22" E 116.04 feet to
a 1/2" set iron rod for an inside Northeast corner of this tract, at
an inside Northeast corner of the referenced 89.056 acre parent
tract remainder and being at the Northernmost Southwest corner of a
called 21.033 acre tract conveyed to Xiong Vang and wife, Maylee M.
Vang in Volume 1884, Page 434, from which a point near the
centerline of a creek at the Northeast corner of the referenced Vang
tract bears N 04°01'09" E a distance of 96.79 feet, continuing N
41°48'33" W a distance of 87.22 feet and N 56°38'33" E passing a 1/2"
found iron rod at a distance of 17.18 feet, continuing and passing a
found concrete monument at a distance of 1385.37 feet and
continuing a total distance of 1396.01 feet.
Thence: S 89°30'10" E a distance of 13.99 feet to a 1/2" set iron rod
on the East side of County Road 4515 for a Northeast corner of this
tract, at a Northeast corner of the referenced 89.056 acre parent
tract remainder and being at an inside Southwest corner of the
referenced Vang tract.
Thence: S 02°33'50" W a distance of 1267.85 feet to a 1/2" set iron
rod for an inside Northeast corner of this tract, at an inside
Northeast corner of the referenced 89.056 acre parent tract
remainder and being at the Southwest corner of a called 18.200 acre
tract conveyed to Gullian Louis in Volume 1021, Page 543.
Thence: S 89°28'04" E along the North side of County Road 4515 a
distance of 916.52 feet to a 1/2" set iron rod for the Easternmost
Northeast corner of this tract, at the Easternmost Northeast corner
of the referenced 89.056 acre parent tract remainder, at the
Southeast corner of the referenced Louis tract and being in the West
line of a called 18.08 acre tract conveyed to Joseph Charles Fetters
Jr and Marnie F Fetter in Volume 1330, Page 312, from which a 1/2"
found iron rod maintaining a witness monument at the Northwest
corner of the referenced Fetters tract bears N 00°55'36" W near the
centerline of a creek a distance of 1086.25 feet, continuing N
34°53'12" E near the centerline of a creek a distance of 27.96 and
continuing S 89°29'28" E a distance of 13.25 feet.
Thence: S 00°55'36" E a distance of 10.47 feet to a 1/2" set iron rod
near the centerline of County Road 4515 for the Easternmost
Southeast corner of this tract, at the Easternmost Southeast corner
of the referenced 89.056 acre parent tract remainder, at the
Southwest corner of the referenced Fetters tract and being in the
North line of a called 60.792 acre tract conveyed to Keith David
Welch in Volume 1541, Page 128, from which a 1/2" found iron rod
maintaining a witness monument for the Southeast corner of the
referenced Fetters tract bears S 89°15'28" E near the centerline of
County Road 4515 a distance of 687.16 feet and continuing N 44°16'18
W a distance of 36.00 feet.
Thence: N 89°15'45" W near the centerline of County Road 4515 a
distance of 918.91 feet to a point at the intersection of the
centerline of County Road 4515 and the centerline of County Road
4516 for a corner of this tract, for a corner of the referenced
89.056 acre parent tract remainder and being in the North line of a
called 40.000 acre tract conveyed to Brent Whitsell and spouse,
Julie A. Whitsell in Volume 2007, Page 26, from which a 1/2" found
iron rod bears S 13°00'19" W a distance of 4.95 feet.
Thence: N 89°54'42" W passing a 1/2" found iron rod at the Northeast
corner of a called 5.333 acre tract conveyed to Ian D. Buchanan and
Joyce Buchanan in Instrument Number 2021000718 at a distance of
621.62 feet and continuing a total distance of 1189.07 feet to a
pipe fence corner post for a corner of this tract, at the
Southernmost Southwest corner of the referenced 89.056 acre parent
tract remainder, being at the Southeast corner of the referenced
32.267 acre parent tract and being in the North line of the
referenced Buchanan tract.
Thence: WEST (Reference Bearing) passing a point at the Northwest
corner of the referenced Buchanan tract and the Northeast corner of
a called Lot 10R of the Replat of Lots 9 & 10 of the Forest Glen
Addition of record in Cabinet C, Slide 151 at a distance of 39.22
feet, from which a 1/2" found iron rod bears South 0.48 feet, and
continuing a total distance of 1436.72 feet to the Point of
Beginning and containing 101.697 acres of which 1.5 acres lays in a
public road.
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
8009A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8009A.0307 to read as
follows:
Sec. 8009A.0307. 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, 2023.