Bill Text: TX HB4668 | 2021-2022 | 87th Legislature | Enrolled
Bill Title: Relating to the creation of the Medina County Water Control and Improvement District No. 4; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Bipartisan Bill
Status: (Passed) 2021-06-14 - Effective immediately [HB4668 Detail]
Download: Texas-2021-HB4668-Enrolled.html
H.B. No. 4668 |
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relating to the creation of the Medina County Water Control and | ||
Improvement District No. 4; 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 I, Title 6, Special District Local Laws | ||
Code, is amended by adding Chapter 9031 to read as follows: | ||
CHAPTER 9031. MEDINA COUNTY WATER CONTROL AND | ||
IMPROVEMENT DISTRICT NO. 4 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9031.0101. 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 Medina County Water Control | ||
and Improvement District No. 4. | ||
Sec. 9031.0102. NATURE OF DISTRICT. The district is a water | ||
control and improvement district created under Section 59, Article | ||
XVI, Texas Constitution. | ||
Sec. 9031.0103. 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. 9031.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
9031.0103 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. 9031.0105. 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 water control and improvement district as | ||
provided by general law and Section 59, Article XVI, Texas | ||
Constitution, including the collection, transportation, | ||
processing, disposal, and control of domestic, industrial, or | ||
communal waste and the gathering, conducting, diverting, and | ||
control of local stormwater or other harmful excesses of water; 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. 9031.0106. 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. 9031.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 9031.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 9031.0202. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) Jim Welch; | ||
(2) Allen Hoover; | ||
(3) Matt Baillio; | ||
(4) Skip Lietz; and | ||
(5) David Higgins. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 9031.0103; 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 9031.0103 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 9031.0103; 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. 9031.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 9031.0302. WATER CONTROL AND IMPROVEMENT DISTRICT | ||
POWERS AND DUTIES. The district has the powers and duties provided | ||
by the general law of this state, including Chapters 49 and 51, | ||
Water Code, applicable to water control and improvement districts | ||
created under Section 59, Article XVI, Texas Constitution, and | ||
specifically including the powers and duties authorized under | ||
Subchapter H, Chapter 51, Water Code. | ||
Sec. 9031.0303. 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. 9031.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A | ||
road project must meet all applicable construction standards, | ||
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, zoning and | ||
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. 9031.0305. 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 42.042 or 42.0425, Local Government Code, and | ||
consents to the creation of the district or to the inclusion of land | ||
in the district. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 9031.0401. 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 9031.0403. | ||
(b) The district must hold an election in the manner | ||
provided by Chapters 49 and 51, 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. 9031.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 9031.0401, 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. 9031.0403. 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. 9031.0501. 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. 9031.0502. 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 Section 51.433, Water Code. | ||
Sec. 9031.0503. 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 Medina County Water Control and Improvement | ||
District No. 4 initially includes all the territory contained in | ||
the following area: | ||
FIELD NOTES FOR A 386.666 ACRE TRACT OF LAND IN THE JOSE | ||
JACINTO GONZALES SURVEY 255, ABSTRACT NO. 408, AND THE BERIANA | ||
SANDOVAL SURVEY 40, ABSTRACT NO. 840, MEDINA COUNTY, TEXAS, BEING | ||
ALL OF A CALLED 177.28 ACRE TRACT OF LAND AS CONVEYED UNTO TAUNA R. | ||
WILTZ IN VOLUME 690, PAGE 494 OF THE OFFICIAL RECORDS OF MEDINA | ||
COUNTY, TEXAS, ALL OF A CALLED 58.588 ACRE TRACT OF LAND (TRACT 5) | ||
AS CONVEYED UNTO ROSALIE J. KAIL IN VOLUME 295, PAGE 857 OF THE DEED | ||
RECORDS OF MEDINA COUNTY, TEXAS, ALL OF A CALLED 116.2 ACRE TRACT OF | ||
LAND AS CONVEYED UNTO CHRIS RANDAL SCHUCHART IN VOLUME 106, PAGE 705 | ||
OF THE OFFICIAL PUBLIC RECORDS OF MEDINA COUNTY, TEXAS, AND A | ||
PORTION OF THE REMAINING PORTION OF A CALLED 285.71 ACRE TRACT OF | ||
LAND AS CONVEYED UNTO CHRIS SCHUCHART IN DOCUMENT NUMBER 2019007792 | ||
OF THE PUBLIC RECORDS OF MEDINA COUNTY, TEXAS; SAID 386.666 ACRE | ||
TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS | ||
FOLLOWS: | ||
BEGINNING at a calculated point of the curvilinear west | ||
right-of-way line of Farm-to-Market (F.M.) Road 471 (R.O.W. ~ 80') | ||
a shown on the Texas Department of Transportation Right-of-way | ||
retracement map dated 12/17/2004 at the common corner of said | ||
177.28 acre tract and a called 58.588 acre tract of land (Tract 4) | ||
as conveyed unto Millard G. Schuchart in the aforementioned Volume | ||
295, Page 857, for the easterly northeast corner and POINT OF | ||
BEGINNING of the herein described tract: | ||
THENCE, coincident with the common line of said west | ||
right-of-way, the 177.28 acre tract and the aforementioned 58.588 | ||
acre tract (Tract 5) the following three (3) courses: | ||
1) Curving to the left, with a radius of 612.96 feet, an arc | ||
length of 22.15 feet, a central angle of 02°04'13", a chord bearing | ||
of S 05°52'13" W, and a chord distance of 22.15 feet to a calculated | ||
point for a point of tangency of the herein described tract; | ||
2) S 04°50'07" W, a distance of 1,545.14 feet to a calculated | ||
point for an angle point of the herein described tract; | ||
3) S 06°01'04" W, a distance of 851.43 feet to a calculated | ||
point at the common corner of said Tract 5 and Rio Medina Estates as | ||
recorded in Volume 4, Pages 32-33 of the Plat Records of Medina | ||
County, Texas, for the easterly southeast corner of the herein | ||
described tract; | ||
THENCE, S 89°33'31" W, departing said common line, coincident | ||
with the common line of Tract 5 and said Rio Medina Estates, a | ||
distance of 2,280.86 feet to a calculated point on the east line of | ||
the aforementioned 116.2 acre tract at the common corner of Tract 5 | ||
and Rio Medina Estates, for a re-entrant corner of the herein | ||
described tract: | ||
THENCE, S 00°52'29" W, coincident with the common line of Rio | ||
Medina Estates and said 116.2 acre tract, a distance of 1,109.01 | ||
feet to a calculated point on the north line of a called 114.675 | ||
acre tract of land conveyed unto Randall Allen Haby and described in | ||
Volume 241, Page 85 of the Official Public Records of Medina County, | ||
Texas, at the common corner of the 116.2 acre tract and Rio Medina | ||
Estates, for the southerly southeast corner of the herein described | ||
tract: | ||
THENCE, S 89°29'24" W, coincident with the common line of the | ||
116.2 acre tract, said 114.675 acre tract, the aforementioned | ||
remaining portion of the 285.71 acre tract, a called 47.175 acre | ||
tract of land as conveyed unto Newcity Communications of SA, Inc in | ||
Volume 108, Page 281 of the Official Public Records of Medina | ||
County, Texas and a called 375.53 acre tract of land as conveyed | ||
unto Linda Haby Wurzbach in Volume 758, Page 1132 of the Official | ||
Records of Medina County, Texas, a distance of 3,060.72 feet to a | ||
calculated point for the southwest corner of the herein described | ||
tract; | ||
THENCE, departing said common line, over and across said | ||
remaining portion of the 285.71 acre tract the following six (6) | ||
courses: | ||
1) N 21°29'40" E, a distance of 410.53 feet to a calculated | ||
point for an angle point of the herein described tract; | ||
2) N 77°53'57" E, a distance of 1,305.08 feet to a calculated | ||
point for an angle point of the herein described tract; | ||
3) N 10°39'31" E, a distance of 597.05 feet to a calculated | ||
point for an angle point of the herein described tract; | ||
4) N 07°19'17" W, a distance of 1,014.63 feet to a calculated | ||
point for an angle point of the herein described tract; | ||
5) N 58°37'44" W, a distance of 713.48 feet to a calculated | ||
point for an angle point of the herein described tract; | ||
6) N 28°45'29" E, a distance of 957.02 feet to a calculated | ||
point on the common line of the remaining portion of the 285.71 acre | ||
tract and the aforementioned 116.2 acre tract, for an angle point of | ||
the herein described tract; | ||
THENCE, N 09°48'15" W, coincident with the common line of the | ||
remaining portion of 285.71 acre tract and said 116.2 acre tract, a | ||
distance of 937.08 feet to a calculated point on the southeast | ||
right-of-way line of County Road (C.R.) 371, (R.O.W. ~ varies), no | ||
reference found, at the common corner of the remaining portion of | ||
the 285.71 acre tract and the 116.2 acre tract, for an angle point | ||
of the herein described tract; | ||
THENCE, N 31°22'00" E, coincident with the common line of said | ||
116.2 acre tract and said right-of-way, a distance of 510.54 feet to | ||
a calculated point at the southwest end of the cutback line from the | ||
south right-of-way line of F.M. 1283, (R.O.W. ~ varies, 100' min.) | ||
as shown on the Texas Department of Transportation Right-of-way | ||
Retracement Map dated 3/30/2005, for an angle point of the herein | ||
described tract: | ||
THENCE, N 75°12'03" E, coincident with the common line of said | ||
cutback and the 116.2 acre tract, a distance of 146.97 feet to a | ||
calculated point on the curvilinear south right-of-way line of said | ||
F.M. 1283, at the beginning of a non-tangent curve for an angle | ||
point of the herein described tract; | ||
THENCE, coincident with the common line of said right-of-way, | ||
the 116.2 acre tract and the aforementioned 177.28 acre tract the | ||
following three (3) courses: | ||
1) Curving to the left, with a radius of 1,969.64 feet, an | ||
arc length of 1,538.16 feet, a central angle of 44°44'39", a chord | ||
bearing of S 84°46'27" E, and a chord distance of 1,499.37 feet to a | ||
calculated point at the end of this curve; | ||
2) N 70°56'40" E, a distance of 300.17 feet to a calculated | ||
point, for an angle point of the herein described tract: | ||
3) N 72°51'16" E, a distance of 930.81 feet to a calculated | ||
point, at the common corner of said 177.28 acre tract and the | ||
aforementioned 58.588 acre tract (Tract 4), for the northeast | ||
corner of the herein described tract: | ||
THENCE, departing said common line, coincident with the | ||
common line of the 177.28 acre tract and said Tract 4, the following | ||
three (3) courses: | ||
1) S 02°38'00" E, a distance of 673.15 feet to a calculated | ||
point for an angle point of the herein described tract: | ||
2) S 49°26'10" E, a distance of 1,241.45 feet to a calculated | ||
point for an angle point of the herein described tract: | ||
3) S 83°25'00" E, a distance of 435.47 feet to the POINT OF | ||
BEGINNING and containing 386.666 acres 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 | ||
9031, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 9031.0306 to read as follows: | ||
Sec. 9031.0306. 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 certify that H.B. No. 4668 was passed by the House on May | ||
18, 2021, by the following vote: Yeas 100, Nays 37, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4668 was passed by the Senate on May | ||
25, 2021, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |