86R7004 BRG-F
 
  By: Watson S.B. No. 592
 
 
 
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.