86R7004 BRG-F

By: Israel H.B. No. 1434

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Brickston Municipal Utility District; 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 8038 to read as follows:

CHAPTER 8038. BRICKSTON MUNICIPAL UTILITY DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8038.0101. 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 Brickston Municipal Utility District.

Sec. 8038.0102. NATURE OF DISTRICT. The district is a municipal utility district created under Section 59, Article XVI, Texas Constitution.

Sec. 8038.0103. 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. 8038.0104. CONSENT OF MUNICIPALITY REQUIRED. The temporary directors may not hold an election under Section 8038.0103 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. 8038.0105. 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. 8038.0106. 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. 8038.0201. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.

(b) Except as provided by Section 8038.0202, directors serve staggered four-year terms.

Sec. 8038.0202. 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 8038.0103; 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 8038.0103 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 8038.0103; 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. 8038.0301. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Sec. 8038.0302. 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. 8038.0303. 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. 8038.0304. 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. 8038.0305. 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. 8038.0306. REQUIREMENT FOR AFFORDABLE HOUSING. (a) Not less than 7.5 percent of the multifamily residential units developed on the real property in the district must be deed restricted for rent to individuals or families with incomes at or below 30 percent of the area median family income at an annual rent not to exceed 30 percent of the income of the individual or family renting the unit.

(b) Not less than 7.5 percent of the multifamily residential units developed on the real property in the district must be deed restricted for rent to individuals or families with incomes at or below 50 percent of the area median family income at an annual rent not to exceed 30 percent of the income of the individual or family renting the unit.

(c) Multifamily residential units reserved for rent to certain individuals and families under this section must be reserved in the same proportion of the type and size of multifamily residential units that are offered in the residential development as a whole.

Sec. 8038.0307. CONSISTENCY WITH STATE WATER PLAN. An action taken by the district may not be inconsistent with the objectives of the most recently adopted state water plan.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8038.0401. 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 8038.0403.

(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. 8038.0402. OPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 8038.0401, 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. 8038.0403. 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. 8038.0501. 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. 8038.0502. 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. 8038.0503. 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 Brickston Municipal Utility District initially includes all the territory contained in the following area:

BEING A 448.8-ACRE [19,551,571 SQUARE FEET] MUD TRACT OUT OF THE WILLIAM HINES SURVEY NUMBER 53, ABSTRACT NUMBER 346, TRAVIS COUNTY, TEXAS, SAID TRACT BEING ALL OF THAT CALLED 127.535-ACRE TRACT DESCRIBED TO TEXAS BRIDLE TRAILS, LLC., AS RECORDED IN DOCUMENT NUMBER 2008035687 OF THE OFFICIAL PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS [O.P.R.T.C.T.], AND A PORTION OF THAT CALLED 315.26-ACRE TRACT DESCRIBED TO TEXAS BRIDLE TRAILS, LLC. AS RECORDED IN DOCUMENT NUMBER 2008035688 O.P.R.T.C.T. SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:

BEGINNING at a 5/8-inch iron rod found in the west line of that called 29.556-acre tract described to Centex Land, LTD. as recorded in Document Number 1999124374 O.P.R.T.C.T. for the south corner of that called 9.35-acre tract described to Johnny Wilkins, Jr. and wife, Virgina C. Wilkins as recorded in Volume 12363, Page 2230 of the Real Property Records of Travis County, Texas [R.P.R.T.C.T.], same being the east corner of said 315.26-acre tract and the east corner of the tract described herein;

THENCE with said west line of the 29.556-acre tract, same being the east line of said 315.26-acre tract, S26°55'05"W a distance of 926.58 feet to a 1/2-inch iron rod found for the east corner of that called 5.00-acre tract described to Amos Whit Parker and Wife, Mary Catherine Parker as recorded in Volume 12714, Page 2046 R.P.R.T.C.T.;

THENCE with the north line of said 5.00-acre tract, continuing with said east line of the 315.26-acre tract, N63°18'57"W a distance of 796.21 feet to a 1/2-inch iron rod found for the north corner of said 5.00-acre tract;

THENCE with the west line of said 5.00-acre tract, continuing with said east line of the 315.26-acre tract, S26°40'58"W a distance of 273.21 feet to the west corner of said 5.00-acre tract, same being the north corner of that called 10.57-acre tract described to David S. Rose and Kristen R. Carter, as recorded in Volume 12854, Page 2132 R.P.R.T.C.T.;

THENCE with the west line of said 10.57-acre tract, continuing with said east line of the 315.26-acre tract, S26°59'51"W a distance of 578.62 feet to a point in the north line of that called 175.81-acre tract described to Centex Land, Ltd as recorded in Volume 13299, Page 2327 R.P.R.T.C.T. for the west corner of said 10.57-acre tract;

THENCE with said north line of the 175.81-acre tract, continuing with said east line of the 315.26-acre tract, the following five (5) courses and distances:

1) N63°35'01"W a distance of 41.42 feet to an angle point,

2) N61°56'37"W a distance of 120.25 feet to an angle point,

3) N62°39'21"W a distance of 572.60 feet to a 1/2-inch iron rod found for an angle point,

4) N62°32'09"W a distance of 228.42 feet to a 3/8-inch iron rod found for an angle point,

5) N62°48'14"W a distance of 1,444.80 feet to an angle point for the north corner of said 175.81-acre tract;

THENCE with the west line of said 175.81-acre tract, same being the south line of said 315.26-acre tract, S27°07'44"W a distance of 76.16 feet to an angle point for the east corner of said 127.535-acre tract;

THENCE continuing with said west line of the 175.81-acre tract, same being the east line of said 127.535-acre tract, the following two (2) courses and distances:

1) S27°32'56"W a distance of 1,770.97 feet to an angle point for the south corner of said 127.535-acre tract, and

2) N61°57'33"W a distance of 395.35 feet to an angle point in the east line of that called 202.522-acre tract described to Robert E. Lundgren & Kathryn E. Lundgren as recorded in Volume 11133, Page 517 R.P.R.T.C.T.;

THENCE with the east line of said 202.522-acre tract, same being the south line of said 127.535-acre tract, N28°06'22"E a distance of 20.48 feet to an angle point for the east corner of said 202.522-acre tract;

THENCE with the north line of said 202.522-acre tract, continuing with said south line of the 127.535-acre tract, N63°06'01"W a distance of 2,773.48 feet to a point in the east line of that called 84.987-acre tract described to Ruth Ann Lofton Kylberg as recorded in Volume 6863, Page 1580 of the Deed Records of Travis County, Texas, for the west corner of said 127.535-acretract and the west corner of the tract described herein;

THENCE with said east line of the 84.987-acre tract, same being the west line of said 127.535-acre tract, N27°08'30"E a distance of 797.97 feet to 1/2-inch iron rod found for the apparent southerly terminus of Giese Lane, a varying-width right-of-way, no record information found;

THENCE with the apparent east right-of-way line of Giese Lane, continuing with the west line of said 127.535-acre tract, the following two (2) courses and distances:

1) N51°48'59"E a distance of 48.16 feet to an angle point, and

2) N26°22'12"E a distance of 900.92 feet to a 3/4-inch iron rod found for the north corner of said 127.535-acre tract;

THENCE continuing with the apparent east right-of-way line of Giese Lane, with the west line of said 315.26-acre tract, the following two (2) courses and distances:

1) N26°32'58"E a distance of 281.93 feet to an angle point, and

2) N26°37'58"E a distance of 64.47 feet to an angle point at the intersection of the apparent common Manor County Extra Territorial Jurisdiction line and the apparent Travis County Line with said apparent east right-of-way line of Giese Lane and said west line of the 315.26-acre tract;

THENCE leaving said apparent east right-of-way line of Giese Lane and said west line of the 315.26-acre tract, crossing said 315.26-acre tract, with the apparent common Manor County Extra Territorial Jurisdiction line and the apparent Travis County Line, the following three (3)courses and distances:

1) S89°34'15"E a distance of 319.29 feet to an angle point,

2) N13°12'51"E a distance of 581.96 feet to an angle point, and

3) N06°47'45"E a distance of 425.37 feet to an angle point at the intersection of said apparent common Manor County Extra Territorial Jurisdiction line and said apparent Travis County Line with said apparent east right-of-way line of Giese Lane and said west line of the 315.26-acre tract;

THENCE with said apparent east right-of-way line of Giese Lane and said west line of the 315.26-acre tract, N26°52'58"E a distance of 1,166.16 feet to the west corner of that called 286.05-acre tract described to Sharon Dusek Wertz as recorded in Volume 11258, Page 38 R.P.R.T.C.T., same being the north corner of said 315.26-acre tract and the north corner of the tract described herein;

THENCE with the south line of said 286.05-acre tract, same being the north line of said 315.26-acre tract, S63°12'58"E a distance of 3,177.15 feet to the south corner of said 286.05-acre tract, same being the west corner of that called 50.349-acre tract described to Robert Alvarez as recorded in Document Number 2001200295 O.P.R.T.C.T.;

THENCE with the south line of said 50.349-acre tract, continuing with said north line of the 315.26-acre tract, the following two (2) courses and distances:

1) S64°27'40"E a distance of 128.51 feet to an angle point, and

2) S63°20'13"E a distance of 972.11 feet to the north corner of that apparent 20.00-acre tract to Johnny Wilkins Jr. & Virginia C. Wilkins, no record information found;

THENCE with the west line of said 20.00-acre tract, with the west line of that called 5.00-acre tract described to Johnny Wilkins Jr. and wife, Virginia Cox Wilkins as recorded in Volume 6501, Page 42 R.P.R.T.C.T., continuing with said north line of the 315.26-acre tract, S26°39'06"W a distance of 800.88 feet to the west corner of said 5.00-acre tract;

THENCE with the south line of said 5.00-acre tract, with the south line of said 9.35-acre tract, continuing with said north line of the 315.26-acre tract, S63°20'40"E a distance of 2,096.59 feet to said POINT OF BEGINNING of the tract described herein, and containing 448.8 Acres [19,551,571 Square Feet].

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 8038, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 8038.0308 to read as follows:

Sec. 8038.0308. 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, 2019.