Bill Text: TX HB4602 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the creation of the Rocky Top Ranch Municipal Utility District of Denton 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) 2021-05-08 - Laid on the table subject to call [HB4602 Detail]
Download: Texas-2021-HB4602-Introduced.html
| 87R9545 MP-F | ||
| By: Stucky | H.B. No. 4602 | |
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| relating to the creation of the Rocky Top Ranch Municipal Utility | ||
| District of Denton 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 7905 to read as follows: | ||
| CHAPTER 7905. ROCKY TOP RANCH MUNICIPAL UTILITY DISTRICT OF DENTON | ||
| COUNTY | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 7905.0101. 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 Rocky Top Ranch Municipal | ||
| Utility District of Denton County. | ||
| Sec. 7905.0102. NATURE OF DISTRICT. The district is a | ||
| municipal utility district created under Section 59, Article XVI, | ||
| Texas Constitution. | ||
| Sec. 7905.0103. 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. 7905.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
| temporary directors may not hold an election under Section | ||
| 7905.0103 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. 7905.0105. 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. 7905.0106. 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. 7905.0201. GOVERNING BODY; TERMS. (a) The district is | ||
| governed by a board of five elected directors. | ||
| (b) Except as provided by Section 7905.0202, directors | ||
| serve staggered four-year terms. | ||
| Sec. 7905.0202. 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 7905.0103; 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 7905.0103 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 7905.0103; 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. 7905.0301. GENERAL POWERS AND DUTIES. The district | ||
| has the powers and duties necessary to accomplish the purposes for | ||
| which the district is created. | ||
| Sec. 7905.0302. 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. 7905.0303. 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. 7905.0304. 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. 7905.0305. 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. 7905.0306. 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 | ||
| 7905.0103 to confirm the district's creation. | ||
| (f) An order dividing the district shall: | ||
| (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 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 7905.0103. 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) If the creation of the new district is confirmed, the | ||
| new district shall provide the election date and results to the | ||
| commission. | ||
| (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) Municipal consent to the creation of the district and to | ||
| the inclusion of land in the district granted under Section | ||
| 7905.0104 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. 7905.0401. 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 7905.0403. | ||
| (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. 7905.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
| authorized at an election held under Section 7905.0401, 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. 7905.0403. 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. 7905.0501. 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. 7905.0502. 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. 7905.0503. 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. Rocky Top Ranch Municipal Utility District of | ||
| Denton County initially includes all the territory contained in the | ||
| following area: | ||
| Tract 1: | ||
| BEING A 152.226 ACRE TRACT OF LAND SITUATED IN THE JOHN B. CRAWFORD | ||
| SURVEY, ABSTRACT NO. 224, DENTON COUNTY, TEXAS, AND BEING ALL OF A | ||
| CALLED 60.030 ACRE TRACT OF LAND CONVEYED TO GARLAND R. BOYD, AS | ||
| RECORDED IN VOLUME 2715, PAGE 650, OFFICIAL PUBLIC RECORDS, DENTON | ||
| COUNTY, TEXAS, AND THE REMAINING PORTION OF A CALLED 115.3885 ACRE | ||
| TRACT OF LAND CONVEYED TO GARLAND R. BOYD AND JOSEPHINE BOYD, AS | ||
| RECORDED IN VOLUME 1483, PAGE 250, REAL PROPERTY RECORDS, DENTON | ||
| COUNTY, TEXAS. SAID 152.226 ACRE TRACT BEING MORE PARTICULARLY | ||
| DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | ||
| BEGINNING AT A 1/2" CAPPED IRON ROD STAMPED "TRANSGLOBAL SERVICES" | ||
| SET FOR THE NORTHWEST CORNER OF SAID 152.226 ACRE TRACT, FROM WHICH | ||
| A 1/2" IRON ROD FOUND BEARS S 89°57'04" W, A DISTANCE OF 1302.00 | ||
| FEET. SAID 1/2" CAPPED IRON ROD STAMPED "TRANSGLOBAL SERVICES" | ||
| BEING CALLED THE POINT OF BEGINNING AND HAVING A TEXAS COORDINATE | ||
| SYSTEM OF 1983, TEXAS NORTH CENTRAL ZONE (4202), STATE PLANE | ||
| COORDINATE OF N:7140353.10, E:2323847.58 FEET, FOR REFERENCE. | ||
| THENCE, N 89°57'04" E, A DISTANCE OF 1056.17 FEET TO A 1/2" CAPPED | ||
| IRON ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR CORNER ON THE NORTH | ||
| LINE OF SAID 152.226 ACRE TRACT; | ||
| THENCE, N 89°57'04" E, A DISTANCE OF 777.30 FEET TO A 1/2" CAPPED | ||
| IRON ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR CORNER ON THE NORTH | ||
| LINE OF SAID 152.226 ACRE TRACT; | ||
| THENCE, S 07°20'11" E, A DISTANCE OF 23.45 FEET TO A FENCE CORNER | ||
| POST FOUND FOR CORNER OF SAID 152.226 ACRE TRACT; | ||
| THENCE, S 89°44'52" E, A DISTANCE OF 834.84 FEET TO A 1/2" CAPPED | ||
| IRON ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR THE NORTHEAST | ||
| CORNER OF SAID 152.226 ACRE TRACT; | ||
| THENCE, S 00°24'16" W, A DISTANCE OF 2474.53 FEET TO A 1/2" CAPPED | ||
| IRON ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR THE SOUTHEAST | ||
| CORNER OF SAID 152.226 ACRE TRACT ON THE NORTH LINE OF JACKSON ROAD; | ||
| THENCE WITH THE SOUTH LINE OF SAID 152.226 ACRE TRACT THE FOLLOWING | ||
| COURSES AND DISTANCES: | ||
| N 89°34'11" W, ALONG THE NORTH LINE OF JACKSON ROAD, A | ||
| DISTANCE OF 167.02 FEET TO A BENT 1" IRON ROD FOUND FOR | ||
| CORNER; | ||
| S 00°29'47" W, OVER AND ACROSS SAID JACKSON ROAD, A DISTANCE | ||
| OF 40.00 FEET TO A 1/2" CAPPED IRON ROD STAMPED "TRANSGLOBAL | ||
| SERVICES" SET FOR AN ANGLE POINT OF SAID 152.226 ACRE TRACT; | ||
| N 89°10'42" W, A DISTANCE OF 400.35 FEET TO A 1/2" CAPPED IRON | ||
| ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR CORNER; | ||
| N 00°29'47" E, OVER AND ACROSS SAID JACKSON ROAD, A DISTANCE | ||
| OF 40.00 FEET TO A 5/8" IRON ROD FOUND FOR CORNER ON THE NORTH | ||
| LINE OF JACKSON ROAD; | ||
| N 89°13'48" W, ALONG THE NORTH LINE OF SAID JACKSON ROAD, A | ||
| DISTANCE OF 1046.07 FEET TO A FENCE CORNER POST FOR CORNER; | ||
| N 89°37'45" W, CONTINUING ALONG THE NORTH LINE OF JACKSON | ||
| ROAD, A DISTANCE OF 1055.80 FEET TO FENCE POST FOUND FOR | ||
| THE SOUTHWEST CORNER OF SAID 152.226 ACRE TRACT; | ||
| THENCE, N 00°21'12" E, DEPARTING SAID NORTH LINE OF JACKSON ROAD, | ||
| WITH THE WEST LINE OF SAID 152.226 ACRE TRACT, A DISTANCE OF 2471.99 | ||
| FEET TO THE POINT OF BEGINNING, CONTAINING 152.226 ACRES OR | ||
| 6,630,966 SQUARE FEET OF LAND, MORE OR LESS. | ||
| Tract 2: | ||
| BEING A 247.889 ACRE TRACT OF LAND SITUATED IN THE JOHN B. CRAWFORD | ||
| SURVEY, ABSTRACT NO. 224, DENTON COUNTY, TEXAS, AND BEING ALL OF A | ||
| CALLED 247.194 ACRE TRACT OF LAND CONVEYED TO BORUCH FRISHMAN AS | ||
| RECORDED IN VOLUME 1282, PAGE 412, OFFICIAL PUBLIC RECORDS, DENTON | ||
| COUNTY, TEXAS. SAID 247.889 ACRE TRACT BEING MORE PARTICULARLY | ||
| DESCRIBED BY METES AND BOUNDS AS FOLLOWS: | ||
| BEGINNING AT A 1/2" CAPPED IRON ROD STAMPED "TRANSGLOBAL SERVICES" | ||
| SET FOR THE SOUTHWEST CORNER OF SAID 247.889 ACRE TRACT, FROM WHICH | ||
| A 1/2" IRON ROD FOUND BEARS S 89°57'04" W, A DISTANCE OF 1597.05 | ||
| FEET. SAID 1/2" CAPPED IRON ROD STAMPED "TRANSGLOBAL SERVICES" | ||
| BEING CALLED THE POINT OF BEGINNING AND HAVING A TEXAS COORDINATE | ||
| SYSTEM OF 1983, TEXAS NORTH CENTRAL ZONE (4202), STATE PLANE | ||
| COORDINATE OF N: 7140353.35, E: 2324142.63 FEET, FOR REFERENCE. | ||
| THENCE FROM SAID POINT OF BEGINNING, N 00°12'15" W, A DISTANCE OF | ||
| 2466.89 FEET TO A 1/2" CAPPED IRON ROD STAMPED "TRANSGLOBAL | ||
| SERVICES" SET FOR THE NORTHWEST CORNER OF SAID 247.889 ACRE TRACT; | ||
| THENCE, S 89°45'15" E, A DISTANCE OF 3170.12 FEET TO A 1/2" IRON PIPE | ||
| FOUND FOR CORNER OF SAID 247.889 ACRE TRACT; | ||
| THENCE, S 00°24'01" W, A DISTANCE OF 603.03 FEET TO A FENCE CORNER | ||
| POST FOUND FOR CORNER OF SAID 247.889 ACRE TRACT, FROM WHICH A 1/2" | ||
| IRON ROD FOUND BEARS S 04°21'04" E, A DISTANCE OF 0.28 FEET; | ||
| THENCE, S 89°30'52" E, A DISTANCE OF 1623.61 FEET TO A 1/2" CAPPED | ||
| IRON ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR CORNER OF SAID | ||
| 247.889 ACRE TRACT AND BEING IN RIPY ROAD, FROM WHICH AN IRON ROD | ||
| FOUND BEARS N 00°07'28" W, A DISTANCE OF 604.87 FEET; | ||
| THENCE, S 00°06'47" E, ALONG SAID RIPY ROAD, A DISTANCE OF 1832.41 | ||
| FEET TO A 1/2" CAPPED IRON ROD STAMPED "TRANSGLOBAL SERVICES" SET | ||
| FOR THE SOUTHEAST CORNER OF SAID 247.889 ACRE TRACT IN RIPY ROAD; | ||
| THENCE WITH THE SOUTH LINE OF SAID 247.889 ACRE TRACT THE FOLLOWING | ||
| COURSES AND DISTANCES: | ||
| S 89°57'04" W, A DISTANCE OF 2002.33 FEET TO A 1/2" CAPPED IRON | ||
| ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR CORNER OF SAID | ||
| 247.889 ACRE TRACT; | ||
| S 01°21'57" W, A DISTANCE OF 29.78 FEET TO A FENCE CORNER POST | ||
| FOUND FOR CORNER OF SAID 247.889 ACRE TRACT; | ||
| N 89°44'52" W, A DISTANCE OF 1239.81 FEET TO A FENCE CORNER | ||
| POST FOUND FOR CORNER OF SAID 247.889 ACRE TRACT; | ||
| N 07°20'11" W, A DISTANCE OF 23.45 FEET TO A 1/2" CAPPED IRON | ||
| ROD STAMPED "TRANSGLOBAL SERVICES" SET FOR CORNER OF SAID | ||
| 247.889 ACRE TRACT; | ||
| THENCE, S 89°57'04" W, CONTINUING WITH THE SOUTH LINE OF SAID | ||
| 247.889 ACRE TRACT A DISTANCE OF 1538.42 FEET TO TO THE POINT OF | ||
| BEGINNING, CONTAINING 247.889 ACRES OR 10,798,024 SQUARE FEET OF | ||
| LAND, MORE OR LESS. | ||
| 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 | ||
| 7905, Special District Local Laws Code, as added by Section 1 of | ||
| this Act, is amended by adding Section 7905.0307 to read as follows: | ||
| Sec. 7905.0307. 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, 2021. | ||
