88(R) HB 5407 - Enrolled version



	H.B. No. 5407

AN ACT

relating to the creation of the Blanton Creek Estates Municipal

Utility District of Fannin County; granting a limited power of

eminent domain; providing authority to issue bonds; providing

authority to impose assessments, fees, and taxes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle F, Title 6, Special District Local Laws

Code, is amended by adding Chapter 8009A to read as follows:

CHAPTER 8009A. BLANTON CREEK ESTATES MUNICIPAL UTILITY DISTRICT OF

FANNIN COUNTY

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8009A.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 Blanton Creek Estates

Municipal Utility District of Fannin County.

Sec. 8009A.0102. NATURE OF DISTRICT. The district is a

municipal utility district created under Section 59, Article XVI,

Texas Constitution.

Sec. 8009A.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. 8009A.0104. CONSENT OF MUNICIPALITY REQUIRED. The

temporary directors may not hold an election under Section

8009A.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. 8009A.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. 8009A.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. 8009A.0201. GOVERNING BODY; TERMS. (a) The district

is governed by a board of five elected directors.

(b) Except as provided by Section 8009A.0202, directors

serve staggered four-year terms.

Sec. 8009A.0202. TEMPORARY DIRECTORS. (a) The temporary

board consists of:

(1) Jonathan Nunn;

(2) Jon Anderson;

(3) Cody Hancock;

(4) Danny Green; and

(5) Chad Purser.

(b) Temporary directors serve until the earlier of:

(1) the date permanent directors are elected under

Section 8009A.0103; or

(2) the fourth anniversary of the effective date of

the Act enacting this chapter.

Section 8009A.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 8009A.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. 8009A.0301. GENERAL POWERS AND DUTIES. The district

has the powers and duties necessary to accomplish the purposes for

which the district is created.

Sec. 8009A.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. 8009A.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. 8009A.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.

Texas Transportation Commission must approve the plans and

specifications of the road project.

Sec. 8009A.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. 8009A.0306. DIVISION OF DISTRICT. (a) The district

may be divided into two or more new districts only if the district:

(1) has no outstanding bonded debt; and

(2) is not imposing ad valorem taxes.

(b) This chapter applies to any new district created by the

division of the district, and a new district has all the powers and

duties of the district.

may not, at the time the new district is created, contain any land

outside the area described by Section 2 of the Act enacting this

chapter.

(d) The board, on its own motion or on receipt of a petition

signed by the owner or owners of a majority of the assessed value of

the real property in the district, may adopt an order dividing the

district.

(e) The board may adopt an order dividing the district

before or after the date the board holds an election under Section

8009A.0103 to confirm the district's creation.

(f) An order dividing the district must:

(1) name each new district;

(2) include the metes and bounds description of the

territory of each new district;

(3) appoint temporary directors for each new district;

and

(4) provide for the division of assets and liabilities

between or among the new districts.

(g) On or before the 30th day after the date of adoption of

an order dividing the district, the district shall file the order

with the commission and record the order in the real property

records of each county in which the district is located.

(h) Any new district created by the division of the district

shall hold a confirmation and directors' election as required by

Section 8009A.0103. If the voters of a new district do not confirm

the creation of the new district, the assets, obligations,

territory, and governance of the new district revert to the

original district.

(i) Any new district created by the division of the district

must hold an election as required by this chapter to obtain voter

approval before the district may impose a maintenance tax or issue

bonds payable wholly or partly from ad valorem taxes.

(j) Municipal consent to the creation of the district and to

the inclusion of land in the district granted under Section

8009A.0104 acts as municipal consent to the creation of any new

district created by the division of the district and to the

inclusion of land in the new district.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8009A.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

8009A.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.

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. 8009A.0402. OPERATION AND MAINTENANCE TAX. (a) If

authorized at an election held under Section 8009A.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. 8009A.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. 8009A.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. 8009A.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. 8009A.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 Blanton Creek Estates Municipal Utility

District of Fannin County initially includes all the territory

contained in the following area:

Being: 101.697 acres of land, a part of the William C. Ingram Survey

Abstract Number 558, lying and being situated on the West side of

County Road 4515 and the North side of County Road 4516 in Fannin

County, Texas. The said 101.697 acre tract being all of a called

39.267 acre tract conveyed in a Warranty Deed with Vendor's Lien

from Ned Kempson and wife, Dorthaleen Kempson to Michael G. Placke

and wife, Kathryn L. Placke of record in Volume 1108, Page 143 in

the Official Public Records of Fannin County, Texas and being the

remainder of a called 89.056 acre tract conveyed in a Warranty Deed

with Vendor's Lien from James A. Reeves to Michael G. Placke and

wife, Kathryn L. Placke of record in Volume 1043, Page 1031 in the

Official Public Records of Fannin County, Texas. The said 101.697

acre tract being described more particularly by metes and bounds as

follows:

Beginning at a 1/2" found iron rod at the Southwest corner of the

referenced 39.267 acre parent tract, at the Northwest corner of Lot

11 of the Forest Glen Addition of record in Cabinet B, Slide 70 and

being in the East line of a called 31.026 acre tract conveyed to

Martin L. Pineda and Ana B. Urbina in Instrument Number 2021000468

for the Point of Beginning and the Southwest corner of this tract.

Thence: N 01°11'18" E a distance of 667.07 feet to a 1/2" found iron

rod for a corner of this tract, at a corner of the referenced 39.267

acre parent tract and being at a corner of the referenced Pineda

tract.

Thence: N 02°26'01" E passing a 1/2" found iron rod at a distance of

94.56 feet and continuing a total distance of 145.63 feet to a point

near the centerline of Blanton Creek for the Westernmost Northwest

corner of this tract, at the Northwest corner of the referenced

39.267 acre parent tract and being at the Northeast corner of the

referenced Pineda tract.

Thence: along 60 calls with the centerline of Blanton Creek (for

acreage purposes only) with the approximate courses and distances

as follows:

1. S 65°28'31" E 38.41 feet

2. N 66°56'15" E 32.60 feet

3. N 06°16'43" W 67.93 feet

4. N 21°59'41" E 54.39 feet

5. N 50°15'39" E 43.62 feet

6. N 85°29'04" E 50.02 feet

7. N 53°41'14" E 52.36 feet

8. N 01°11'31" W 51.84 feet

9. N 33°32'34" E 77.42 feet

10. S 82°46'56" E 43.91 feet

11. S 43°00'39" E 34.27 feet

12. N 76°11'35" E 45.65 feet

13. N 05°48'07" W 66.08 feet

14. N 08°00'19" E 32.36 feet

15. N 68°56'29" E 61.61 feet

16. N 43°08'28" E 36.43 feet

17. N 08°13'39" W 54.13 feet

18. N 13°21'52" E 29.92 feet

19. S 83°21'57" E 76.85 feet

20. N 09°55'55" E 157.75 feet

21. N 21°45'12" E 50.94 feet

22. S 78°19'18" E 60.68 feet

23. S 12°01'44" E 50.81 feet

24. S 33°01'59" E 37.29 feet

25. N 69°27'32" E 30.84 feet

26. N 53°31'46" E 68.20 feet

27. N 69°47'02" E 129.13 feet

28. N 25°47'33" E 109.60 feet

29. S 77°12'16" E 38.96 feet

30. N 49°55'58" E 30.42 feet

31. N 24°15'55" W 85.55 feet

32. N 08°35'00" E 38.80 feet

33. N 57°34'06" E 42.08 feet

34. S 73°30'35" E 94.34 feet

35. N 13°22'20" E 49.48 feet

36. N 65°32'59" E 53.70 feet

37. N 12°41'05" E 34.51 feet

38. N 03°01'56" W 65.45 feet

39. N 18°48'56" E 57.65 feet

40. N 34°35'40" E 64.36 feet

41. N 79°50'23" E 33.79 feet

42. S 44°33'02" E 56.49 feet

43. S 88°37'39" E 28.67 feet

44. N 45°24'16" E 49.64 feet

45. N 80°11'49" E 21.21 feet

46. S 60°56'21" E 36.44 feet

47. N 69°20'02" E 35.82 feet

48. N 21°27'14" E 48.89 feet

49. S 55°23'13" E 62.54 feet

50. S 02°27'49" E 53.31 feet

51. S 27°40'20" W 54.84 feet

52. S 11°46'24" E 23.29 feet

53. S 63°51'02" E 56.05 feet

54. N 68°31'08" E 33.59 feet

55. N 36°59'26" E 48.95 feet

56. N 54°46'37" E 86.42 feet

57. N 40°29'43" E 119.41 feet

58. N 04°15'19" W 19.48 feet

59. N 15°40'17" W 71.81 feet

60. N 62°21'03" E 185.19 feet to

an "X" cut in the middle of a concrete bridge for the Northernmost

Northeast corner of this tract, near the centerline of County Road

4515, at the Northernmost Northeast corner of the referenced 89.056

acre parent tract remainder and being at the Northwest corner of a

called 18.200 acre Tract 8 conveyed to Diane Vestal Williams in

Volume 1645, Page 384.

Thence: along 4 calls near the centerline of County Road 4515 with

the approximate courses and distances as follows:

1. S 45°36'41" E 327.78 feet

2. S 42°19'35" E 220.60 feet

3. S 40°13'44" E 601.16 feet

4. S 12°12'22" E 116.04 feet to

a 1/2" set iron rod for an inside Northeast corner of this tract, at

an inside Northeast corner of the referenced 89.056 acre parent

tract remainder and being at the Northernmost Southwest corner of a

called 21.033 acre tract conveyed to Xiong Vang and wife, Maylee M.

Vang in Volume 1884, Page 434, from which a point near the

centerline of a creek at the Northeast corner of the referenced Vang

tract bears N 04°01'09" E a distance of 96.79 feet, continuing N

41°48'33" W a distance of 87.22 feet and N 56°38'33" E passing a 1/2"

found iron rod at a distance of 17.18 feet, continuing and passing a

found concrete monument at a distance of 1385.37 feet and

continuing a total distance of 1396.01 feet.

Thence: S 89°30'10" E a distance of 13.99 feet to a 1/2" set iron rod

on the East side of County Road 4515 for a Northeast corner of this

tract, at a Northeast corner of the referenced 89.056 acre parent

tract remainder and being at an inside Southwest corner of the

referenced Vang tract.

Thence: S 02°33'50" W a distance of 1267.85 feet to a 1/2" set iron

rod for an inside Northeast corner of this tract, at an inside

Northeast corner of the referenced 89.056 acre parent tract

remainder and being at the Southwest corner of a called 18.200 acre

tract conveyed to Gullian Louis in Volume 1021, Page 543.

Thence: S 89°28'04" E along the North side of County Road 4515 a

distance of 916.52 feet to a 1/2" set iron rod for the Easternmost

Northeast corner of this tract, at the Easternmost Northeast corner

of the referenced 89.056 acre parent tract remainder, at the

Southeast corner of the referenced Louis tract and being in the West

line of a called 18.08 acre tract conveyed to Joseph Charles Fetters

Jr and Marnie F Fetter in Volume 1330, Page 312, from which a 1/2"

found iron rod maintaining a witness monument at the Northwest

corner of the referenced Fetters tract bears N 00°55'36" W near the

centerline of a creek a distance of 1086.25 feet, continuing N

34°53'12" E near the centerline of a creek a distance of 27.96 and

continuing S 89°29'28" E a distance of 13.25 feet.

Thence: S 00°55'36" E a distance of 10.47 feet to a 1/2" set iron rod

near the centerline of County Road 4515 for the Easternmost

Southeast corner of this tract, at the Easternmost Southeast corner

of the referenced 89.056 acre parent tract remainder, at the

Southwest corner of the referenced Fetters tract and being in the

North line of a called 60.792 acre tract conveyed to Keith David

Welch in Volume 1541, Page 128, from which a 1/2" found iron rod

maintaining a witness monument for the Southeast corner of the

referenced Fetters tract bears S 89°15'28" E near the centerline of

County Road 4515 a distance of 687.16 feet and continuing N 44°16'18

W a distance of 36.00 feet.

Thence: N 89°15'45" W near the centerline of County Road 4515 a

distance of 918.91 feet to a point at the intersection of the

centerline of County Road 4515 and the centerline of County Road

4516 for a corner of this tract, for a corner of the referenced

89.056 acre parent tract remainder and being in the North line of a

called 40.000 acre tract conveyed to Brent Whitsell and spouse,

Julie A. Whitsell in Volume 2007, Page 26, from which a 1/2" found

iron rod bears S 13°00'19" W a distance of 4.95 feet.

Thence: N 89°54'42" W passing a 1/2" found iron rod at the Northeast

corner of a called 5.333 acre tract conveyed to Ian D. Buchanan and

Joyce Buchanan in Instrument Number 2021000718 at a distance of

621.62 feet and continuing a total distance of 1189.07 feet to a

pipe fence corner post for a corner of this tract, at the

Southernmost Southwest corner of the referenced 89.056 acre parent

tract remainder, being at the Southeast corner of the referenced

32.267 acre parent tract and being in the North line of the

referenced Buchanan tract.

Thence: WEST (Reference Bearing) passing a point at the Northwest

corner of the referenced Buchanan tract and the Northeast corner of

a called Lot 10R of the Replat of Lots 9 & 10 of the Forest Glen

Addition of record in Cabinet C, Slide 151 at a distance of 39.22

feet, from which a 1/2" found iron rod bears South 0.48 feet, and

continuing a total distance of 1436.72 feet to the Point of

Beginning and containing 101.697 acres of which 1.5 acres lays in a

public road.

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.

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

8009A, Special District Local Laws Code, as added by Section 1 of

this Act, is amended by adding Section 8009A.0307 to read as

follows:

Sec. 8009A.0307. NO EMINENT DOMAIN POWER. The district may

not exercise the power of eminent domain.

(b) This section is not intended to be an expression of a

legislative interpretation of the requirements of Section 17(c),

Article I, Texas Constitution.

SECTION 5. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2023.

______________________________

President of the Senate

Speaker of the House

I certify that H.B. No. 5407 was passed by the House on May

12, 2023, by the following vote: Yeas 102, Nays 38, 2 present, not

voting.

______________________________

Chief Clerk of the House

I certify that H.B. No. 5407 was passed by the Senate on May

24, 2023, by the following vote: Yeas 28, Nays 2, 1 present, not

voting.

______________________________

Secretary of the Senate

APPROVED: _____________________

Date

_____________________

Governor