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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Briar Branch Estates Municipal |
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Utility District of Hunt County; granting a limited power of |
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eminent domain; providing authority to issue bonds; providing |
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authority to impose assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8011A to read as follows: |
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CHAPTER 8011A. BRIAR BRANCH ESTATES MUNICIPAL UTILITY DISTRICT OF |
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HUNT COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8011A.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Briar Branch Estates |
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Municipal Utility District of Hunt County. |
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Sec. 8011A.0102. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8011A.0103. CONFIRMATION AND DIRECTOR ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 8011A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8011A.0103 until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district as required by |
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applicable law. |
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Sec. 8011A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8011A.0106. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8011A.0201. GOVERNING BODY; TERMS. (a) The district |
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is governed by a board of five elected directors. |
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(b) Except as provided by Section 8011A.0202, directors |
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serve staggered four-year terms. |
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Sec. 8011A.0202. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Bobby Pannkuk; |
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(2) Rob Lyday; |
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(3) Peter Kim; |
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(4) Julio Ramos; and |
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(5) Harvey Chavez. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8011A.0103; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8011A.0103 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8011A.0103; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8011A.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8011A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8011A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, |
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operate, maintain, and convey to this state, a county, or a |
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municipality for operation and maintenance macadamized, graveled, |
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or paved roads, or improvements, including storm drainage, in aid |
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of those roads. |
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Sec. 8011A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8011A.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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Sec. 8011A.0306. DIVISION OF DISTRICT. (a) The board, on |
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its own motion or on receipt of a petition signed by the owner or |
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owners of a majority of the assessed value of the real property in |
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the district, may adopt an order dividing the district. |
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(b) An order dividing a district may create one or more new |
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districts and may provide for the continuation of the district. |
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(c) An order dividing the district shall: |
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(1) name any new district; |
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(2) include the metes and bounds description of the |
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territory of each of the districts; |
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(3) appoint temporary directors for any new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between the districts. |
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(d) The board may adopt an order dividing the district |
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before or after the date the board holds an election to confirm the |
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district's creation. |
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(e) The district may be divided only if the district: |
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(1) has never issued any bonds; and |
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(2) is not imposing ad valorem taxes. |
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(f) A new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act enacting this |
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chapter. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the commission and record the order in the real property |
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records of each county in which the district is located. |
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(h) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(i) A new district created by the division of the district |
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shall hold a confirmation and directors' election. |
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(j) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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commission. |
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(k) A new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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(l) The district may continue to rely on confirmation, |
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directors', bond, or tax elections held prior to the division. |
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(m) Municipal consent to the creation of the district and to |
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the inclusion of land in the district acts as municipal consent to |
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the creation of any new district created by the division of the |
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district and to the inclusion of land in the new district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8011A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section |
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8011A.0403. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8011A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8011A.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 8011A.0403. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8011A.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8011A.0502. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8011A.0503. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Briar Branch Estates Municipal Utility |
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District of Hunt County initially includes all the territory |
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contained in the following area: |
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All of that certain lot, tract, or parcel of land situated in the |
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Benjamin Lindsey Survey, Abstract No. 635, the James Moore Survey, |
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Abstract No. 654, and the George W. Van Cleave Survey, Abstract |
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No. 1074, Hunt County, Texas, being all of that certain tract of |
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land described in the deed from Jacky G. Leinart to Jerry L. |
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Leinart, as recorded in Document Number 2010-11417 of the Reap |
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Property Records of Hunt County, Texas (hereinafter called Subject |
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Tract One), being all of that certain tract of land described in the |
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deed from Jacky G. Leinart to Jerry L. Leinart, as recorded in |
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Document Number 2010-11416 of the Real Property Records of Hunt |
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County, Texas (hereinafter called Subject Tract Two), and being |
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more particularly described by metes and bounds as follows: |
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BEGINNING at a 1/2" iron rod with plastic cap stamped "STOVALL & |
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ASSOC" found for a corner lying in the projected centerline of |
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County Road Number 1076 and in the North line of that certain tract |
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of land described in the deed from Aurthur W. Doyle to Arthur W. |
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Doyle, et ux, as recorded in Volume 902, Page 681 of the Official |
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Public Records of Hunt County, Texas, said corner being an outside |
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ell corner of the said Subject Tract One, and the Southeast corner |
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of that certain tract of land described in the deed from Larry |
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Coursey, et ux to Jason M. Circle, et al, as recorded in Document |
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Number 2019-08100 of the Records of Hunt County, Texas; |
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THENCE N. 00 deg. 47 min. 27 sec. W. a distance of 1459.33 feet along |
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the centerline of the said County Road Number 1076, the West line of |
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the said Subject Tract One, the West line of the said Subject Tract |
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Two, the East line of the said Circle tract, and the East line of |
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that certain tract of land described as First Tract, Tract Two in |
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the deed from Rita Rene Hammack to Gary Wright Hammack, as recorded |
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in Volume 829, Page 261 of the Official Public Records of Hunt |
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County, Texas to a 1/2" iron rod with plastic cap stamped "STOVALL & |
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ASSOC" found for a corner lying in the intersection of the said |
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County Road Number 1076 and County Road Number 1074, said corner |
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being the Northwest corner of the said Subject Tract Two, and the |
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Southwest corner of that certain tract of land described in the deed |
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from William Sidney Lanier to GLA Ventures, LLC, as recorded in |
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Document Number 2021-15288 of the Records of Hunt County, Texas; |
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THENCE N. 89 deg. 24 min. 32 sec. E. a distance of 2914.28 feet along |
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the centerline of County Road Number 1074, the North line of the |
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said Subject Tract Two, the South line of the said Ventures tract, |
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the South line of that certain tract of land described in the deed |
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from Marty Allan O'Brien, et ux, to Robert John Crowell, as recorded |
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in Document Number 2021-23485 of the Records of Hunt County, Texas |
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to a 1/2" iron rod with plastic cap stamped "STOVALL & ASSOC" found |
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for a corner lying in the projected centerline of the said County |
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Road Number 1074, and the West line of that certain tract of land |
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described in the deed from S. K. Greer, et ux to Hunt County School |
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Trustee, as recorded in Volume 245, Page 653 of the Deed Records of |
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Hunt County, Texas, said corner being the Northeast corner of the |
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said Subject Tract Two and the Southeast corner of the said Crowell |
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tract; |
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THENCE S. 00 deg. 43 min. 41 sec. E. a distance of 2269.39 feet along |
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the Centerline of the said County Road Number 1074, the East line of |
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the said Subject Tract Two, the East line of the said Subject Tract |
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One, the West line of the said Trustee tract, the West line of that |
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certain tract of land described in the deed from The Veterans Land |
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Board of Texas to J. B. McNatt, as recorded in Volume 576, Page 535 |
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of the Deed Records of Hunt County, Texas, the West line of that |
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certain tract of land described in the deed from The Veterans Land |
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Board of Texas to Sherman A. Green as recorded in Volume 603, Page |
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120 of the Deed Record of Hunt County, Texas to a 1/2" iron rod found |
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for a corner at an angle point lying in the projected intersection |
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of the said County Road Number 1074 and County Road Number 1080, |
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said corner being the Southwest corner of the said Green tract and |
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the Northwest corner of that certain tract of land described in the |
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deed from Walton TX Wagner Fields Limited Partnership to Walton Tx |
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Wagner Fields Acquisition LP, as recorded in Document Number |
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2018-07298 of the Records of Hunt County, Texas; |
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THECNE S. 00 deg. 05 min. 52 sec. W. a distance of 203.41 feet along |
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the said County Road Number 1074, the East line of the said Subject |
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Tract One, and the West line of the said Acquisition tract to a 1/2" |
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iron rod with plastic cap stamped "STOVALL & ASSOC" set for a |
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corner, said corner being the Southeast corner of the said Subject |
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Tract One and an inside ell corner of the said Acquisition tract; |
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THENCE S. 89 deg. 19 min. 11 sec. W. at a distance of 18.20 feet |
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passing a 3/8" iron rod found for a reference and continuing in all |
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a distance of 2009.86 feet along the South line of the said Subject |
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Tract One, the North line of the said Acquisition tract, and |
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generally along a fence to a 5" Bois D' Arc fence corner post for a |
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corner lying in the East line of the said Doyle tract, said corner |
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being the Southwest corner of the said Subject Tract; |
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THENCE N. 00 deg. 36 min. 42 sec. W. a distance of 952.91 along the |
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West line of the said Subject Tract One and the East line of the said |
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Doyle tract to a 1/2" iron rod with plastic cap stamped "STOVALL & |
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ASSOC" set for a corner, said corner being an inside ell corner of |
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the said Subject Tract One; |
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THENCE N. 89 deg. 46 min. 37 sec. W. a distance of 516.69 feet along |
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the South line of the said Subject Tract One and the North line of |
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the said Doyle tract to a 1/2" iron rod with plastic cap stamped |
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"STOVALL & ASSOC" found for a corner, said corner being an outside |
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ell of the said Subject Tract One; |
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THENCE N. 00 deg. 12 min. 46 sec. E. a distance of 60.07 feet along |
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the West line of the said Subject Tract, the East line of the said |
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Doyle tract to a 1/2" iron rod with plastic cap stamped "STOVALL & |
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ASSOC" found for a corner, said corner being an inside ell corner of |
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the said Subject Tract; |
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THENCE S. 88 deg. 56 min. 31 sec. W. a distance of 386.19 feet along |
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the South line of the said Subject Tract One and the North line of |
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the said Doyle tract to the POINT OF BEGINNING and containing 145.19 |
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acres of land. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. (a) If this Act does not receive a two-thirds |
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vote of all the members elected to each house, Subchapter C, Chapter |
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8011A, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 8011A.0307 to read as |
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follows: |
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Sec. 8011A.0307. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(b) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |