Texas 2009 - 81st Regular

Texas House Bill HB1691 Compare Versions

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1	1	H.B. No. 1691
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Waller County Municipal Utility
6	6	District No. 14; providing authority to impose a tax and issue
7	7	bonds; granting a limited power of eminent domain.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle F, Title 6, Special District Local Laws
10	10	Code, is amended by adding Chapter 8351 to read as follows:
11	11	CHAPTER 8351. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 14
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 8351.001. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the district's board of directors.
15	15	(2) "Director" means a board member.
16	16	(3) "District" means the Waller County Municipal
17	17	Utility District No. 14.
18	18	Sec. 8351.002. NATURE OF DISTRICT. The district is a
19	19	municipal utility district created under Section 59, Article XVI,
20	20	Texas Constitution.
21	21	Sec. 8351.003. CONFIRMATION AND DIRECTORS' ELECTION
22	22	REQUIRED. The temporary directors shall hold an election to
23	23	confirm the creation of the district and to elect five permanent
24	24	directors as provided by Section 49.102, Water Code.
25	25	Sec. 8351.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
26	26	The district is created to serve a public purpose and benefit.
27	27	(b) The district is created to accomplish the purposes of:
28	28	(1) a municipal utility district as provided by
29	29	general law and Section 59, Article XVI, Texas Constitution; and
30	30	(2) Section 52, Article III, Texas Constitution, that
31	31	relate to the construction, acquisition, or improvement of
32	32	macadamized, graveled, or paved roads described by Section 54.234,
33	33	Water Code, or improvements, including storm drainage, in aid of
34	34	those roads.
35	35	Sec. 8351.005. INITIAL DISTRICT TERRITORY. (a) The
36	36	district is initially composed of the territory described by
37	37	Section 2 of the Act creating this chapter.
38	38	(b) The boundaries and field notes contained in Section 2 of
39	39	the Act creating this chapter form a closure. A mistake made in the
40	40	field notes or in copying the field notes in the legislative process
41	41	does not affect the district's:
42	42	(1) organization, existence, or validity;
43	43	(2) right to issue any type of bond for the purposes
44	44	for which the district is created or to pay the principal of and
45	45	interest on a bond;
46	46	(3) right to impose a tax; or
47	47	(4) legality or operation.
48	48	[Sections 8351.006-8351.050 reserved for expansion]
49	49	SUBCHAPTER B. BOARD OF DIRECTORS
50	50	Sec. 8351.051. GOVERNING BODY; TERMS. (a) The district is
51	51	governed by a board of five elected directors.
52	52	(b) Except as provided by Section 8351.052, directors serve
53	53	staggered four-year terms.
54	54	Sec. 8351.052. TEMPORARY DIRECTORS. (a) On or after the
55	55	effective date of the Act creating this chapter, the owner or owners
56	56	of a majority of the assessed value of the real property in the
57	57	district may submit a petition to the Texas Commission on
58	58	Environmental Quality requesting that the commission appoint as
59	59	temporary directors the five persons named in the petition. The
60	60	commission shall appoint as temporary directors the five persons
61	61	named in the petition.
62	62	(b) Temporary directors serve until the earlier of:
63	63	(1) the date permanent directors are elected under
64	64	Section 8351.003; or
65	65	(2) the fourth anniversary of the effective date of
66	66	the Act creating this chapter.
67	67	(c) If permanent directors have not been elected under
68	68	Section 8351.003 and the terms of the temporary directors have
69	69	expired, successor temporary directors shall be appointed or
70	70	reappointed as provided by Subsection (d) to serve terms that
71	71	expire on the earlier of:
72	72	(1) the date permanent directors are elected under
73	73	Section 8351.003; or
74	74	(2) the fourth anniversary of the date of the
75	75	appointment or reappointment.
76	76	(d) If Subsection (c) applies, the owner or owners of a
77	77	majority of the assessed value of the real property in the district
78	78	may submit a petition to the commission requesting that the
79	79	commission appoint as successor temporary directors the five
80	80	persons named in the petition. The commission shall appoint as
81	81	successor temporary directors the five persons named in the
82	82	petition.
83	83	[Sections 8351.053-8351.100 reserved for expansion]
84	84	SUBCHAPTER C. POWERS AND DUTIES
85	85	Sec. 8351.101. GENERAL POWERS AND DUTIES. The district has
86	86	the powers and duties necessary to accomplish the purposes for
87	87	which the district is created.
88	88	Sec. 8351.102. MUNICIPAL UTILITY DISTRICT POWERS AND
89	89	DUTIES. The district has the powers and duties provided by the
90	90	general law of this state, including Chapters 49 and 54, Water Code,
91	91	applicable to municipal utility districts created under Section 59,
92	92	Article XVI, Texas Constitution.
93	93	Sec. 8351.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
94	94	Section 52, Article III, Texas Constitution, the district may
95	95	design, acquire, construct, finance, issue bonds for, improve, and
96	96	convey to this state, a county, or a municipality for operation and
97	97	maintenance macadamized, graveled, or paved roads described by
98	98	Section 54.234, Water Code, or improvements, including storm
99	99	drainage, in aid of those roads.
100	100	(b) The district may exercise the powers provided by this
101	101	section without submitting a petition to or obtaining approval from
102	102	the Texas Commission on Environmental Quality as required by
103	103	Section 54.234, Water Code.
104	104	Sec. 8351.104. APPROVAL OF ROAD PROJECT. (a) The district
105	105	may not undertake a road project authorized by Section 8351.103
106	106	unless:
107	107	(1) each municipality or county that will operate and
108	108	maintain the road has approved the plans and specifications of the
109	109	road project, if a municipality or county will operate and maintain
110	110	the road; or
111	111	(2) the Texas Transportation Commission has approved
112	112	the plans and specifications of the road project, if the state will
113	113	operate and maintain the road.
114	114	(b) Except as provided by Subsection (a), the district is
115	115	not required to obtain approval from the Texas Transportation
116	116	Commission to design, acquire, construct, finance, issue bonds for,
117	117	improve, or convey a road project.
118	118	Sec. 8351.105. LIMITATION ON USE OF EMINENT DOMAIN. The
119	119	district may not exercise the power of eminent domain outside the
120	120	district to acquire a site or easement for:
121	121	(1) a road project authorized by Section 8351.103; or
122	122	(2) a recreational facility as defined by Section
123	123	49.462, Water Code.
124	124	[Sections 8351.106-8351.150 reserved for expansion]
125	125	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	126	Sec. 8351.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
127	127	district may issue, without an election, bonds and other
128	128	obligations secured by:
129	129	(1) revenue other than ad valorem taxes; or
130	130	(2) contract payments described by Section 8351.153.
131	131	(b) The district must hold an election in the manner
132	132	provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	133	before the district may impose an ad valorem tax or issue bonds
134	134	payable from ad valorem taxes.
135	135	(c) The district may not issue bonds payable from ad valorem
136	136	taxes to finance a road project unless the issuance is approved by a
137	137	vote of a two-thirds majority of the district voters voting at an
138	138	election held for that purpose.
139	139	Sec. 8351.152. OPERATION AND MAINTENANCE TAX. (a) If
140	140	authorized at an election held under Section 8351.151, the district
141	141	may impose an operation and maintenance tax on taxable property in
142	142	the district in accordance with Section 49.107, Water Code.
143	143	(b) The board shall determine the tax rate. The rate may not
144	144	exceed the rate approved at the election.
145	145	Sec. 8351.153. CONTRACT TAXES. (a) In accordance with
146	146	Section 49.108, Water Code, the district may impose a tax other than
147	147	an operation and maintenance tax and use the revenue derived from
148	148	the tax to make payments under a contract after the provisions of
149	149	the contract have been approved by a majority of the district voters
150	150	voting at an election held for that purpose.
151	151	(b) A contract approved by the district voters may contain a
152	152	provision stating that the contract may be modified or amended by
153	153	the board without further voter approval.
154	154	[Sections 8351.154-8351.200 reserved for expansion]
155	155	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
156	156	Sec. 8351.201. AUTHORITY TO ISSUE BONDS AND OTHER
157	157	OBLIGATIONS. The district may issue bonds or other obligations
158	158	payable wholly or partly from ad valorem taxes, impact fees,
159	159	revenue, contract payments, grants, or other district money, or any
160	160	combination of those sources, to pay for any authorized district
161	161	purpose.
162	162	Sec. 8351.202. TAXES FOR BONDS. At the time the district
163	163	issues bonds payable wholly or partly from ad valorem taxes, the
164	164	board shall provide for the annual imposition of a continuing
165	165	direct ad valorem tax, without limit as to rate or amount, while all
166	166	or part of the bonds are outstanding as required and in the manner
167	167	provided by Sections 54.601 and 54.602, Water Code.
168	168	Sec. 8351.203. BONDS FOR ROAD PROJECTS. At the time of
169	169	issuance, the total principal amount of bonds or other obligations
170	170	issued or incurred to finance road projects and payable from ad
171	171	valorem taxes may not exceed one-fourth of the assessed value of the
172	172	real property in the district.
173	173	SECTION 2. The Waller County Municipal Utility District No.
174	174	14 initially includes all the territory contained in the following
175	175	area:
176	176	Being 1064.491 acres of land located in the Nathan Brookshire
177	177	League, Abstract 16 and the William Cooper League, Abstract 20,
178	178	Waller County, Texas, more particularly being all of that certain
179	179	called 1.9030 acre tract conveyed to NBI Properties, Inc., by
180	180	instrument of record in Volume 1110, Page 389, Official Public
181	181	Records, of said Waller County (W.C.O.P.R.), being all of that
182	182	certain called 121.983 acre tract conveyed to NBI Properties, Inc.,
183	183	by instrument of record in Volume 0998, Page 700, W.C.O.P.R., being
184	184	a portion of that certain called 477.895 acre tract conveyed to NBI
185	185	Properties, Inc., by instruments of record in Volume 0998, Page
186	186	753, W.C.O.P.R., and File No. 2006146687, F.B.C.O.P.R., and being
187	187	a portion of that certain called 993.533 acre tract conveyed to NBI
188	188	Properties, Inc., by instrument of record in Volume 0989, Page 154,
189	189	W.C.O.P.R., said 1064.491 acres being more particularly described
190	190	by metes and bounds as follows (all bearings are assumed);
191	191	BEGINNING at the southwest corner of said 1.9030 acre tract,
192	192	same being on the common survey line of said William Cooper League
193	193	and the Randolph Foster League, Abstract 27, and on the easterly
194	194	right-of-way line of F.M. 1489, the beginning of a curve whose
195	195	center bears North 41 27' 49" West;
196	196	Thence, with the westerly line of said 1.9030, 121.983 and
197	197	477.895 acre tracts and the easterly line of said F.M. 1489, the
198	198	following eight (8) courses:
199	199	1) 118.81 feet along the arc of a curve to the left, having a
200	200	radius of 326.48 feet, a central angle of 20 51' 00" and a chord
201	201	which bears North 38 06' 41" East (called North 40 17' 02" East),
202	202	118.15 feet to a point for corner, the beginning of a curve;
203	203	2) 333.71 feet along the arc of a non-tangent curve to the
204	204	left, having a radius of 517.46 feet, a central angle of 36 57' 00"
205	205	and a chord which bears North 21 18' 03" East, 327.96 feet to a
206	206	point for corner, the beginning of a curve;
207	207	3) 418.49 feet along the arc of a non-tangent curve to the
208	208	left, having a radius of 326.48 feet, a central angle of 73 26' 33"
209	209	and a chord which bears North 18 39' 12" West, 390.42 feet to a
210	210	point for corner, the beginning of a curve;
211	211	4) 184.69 feet along the arc of a non-tangent curve to the
212	212	left, having a radius of 517.46 feet, a central angle of 20 26' 59"
213	213	and a chord which bears North 51 02' 24" West, 183.71 feet to a
214	214	point for corner;
215	215	5) North 61 15' 54" West, 156.01 feet to a point for corner,
216	216	the beginning of a curve;
217	217	6) 59.91 feet along the arc of a tangent curve to the right,
218	218	having a radius of 676.20 feet, a central angle of 05 04' 35" and a
219	219	chord which bears North 58 43' 37" West, 59.89 feet to a point for
220	220	corner, the beginning of a curve;
221	221	7) 292.26 feet along the arc of a non-tangent curve to the
222	222	right, having a radius of 687.23 feet, a central angle of 24 41' 58"
223	223	and a chord that bears North 42 44' 35" West, 293.97 feet to a point
224	224	for corner;
225	225	8) North 30 23' 37" West, 741.98 feet to the northwest
226	226	corner of said 477.895 acre tract, same being the southwest corner
227	227	of said 993.533 acre tract;
228	228	Thence, with the common line of said 993.533 acre tract and
229	229	said F.M. 1489, the following thirty-two (32) courses:
230	230	1) North 26 40' 36" West (called North 24 31' 01" West),
231	231	234.01 feet to a point for corner;
232	232	2) North 26 47' 33" West, 139.17 feet to a point for corner;
233	233	3) North 18 23' 52" West, 144.17 feet to a point for corner;
234	234	4) North 04 55' 11" West, 148.56 feet to a point for corner;
235	235	5) North 06 29' 21" East, 154.86 feet to a point for corner;
236	236	6) North 20 57' 59" East, 181.75 feet to a point for corner;
237	237	7) North 27 29' 41" East, 320.27 feet to a point for corner;
238	238	8) North 24 38' 10" East, 170.11 feet to a point for corner;
239	239	9) North 23 26' 48" East, 360.62 feet to a point for corner;
240	240	10) North 13 06' 57" East, 45.92 feet to a point for corner;
241	241	11) North 19 18' 25" East, 219.10 feet to a point for
242	242	corner;
243	243	12) North 10 45' 21" East, 77.16 feet to a point for corner;
244	244	13) North 10 44' 48" East, 217.41 feet to a point for
245	245	corner;
246	246	14) North 10 13' 04" East, 167.66 feet to a point for
247	247	corner;
248	248	15) North 17 33' 30" West, 245.38 feet to a point for
249	249	corner;
250	250	16) North 17 44' 43" West, 234.77 feet to a point for
251	251	corner;
252	252	17) North 17 57' 38" West, 260.85 feet to a point for
253	253	corner;
254	254	18) North 28 49' 48" West, 240.40 feet to a point for
255	255	corner;
256	256	19) North 28 51' 56" West, 246.74 feet to a point for
257	257	corner;
258	258	20) North 24 07' 44" West, 89.42 feet to a point for corner;
259	259	21) North 12 57' 32" West, 101.02 feet to a point for
260	260	corner;
261	261	22) North 00 51' 04" East, 119.18 feet to a point for
262	262	corner;
263	263	23) North 12 39' 21" East, 99.21 feet to a point for corner;
264	264	24) North 25 40' 31" East, 103.11 feet to a point for
265	265	corner;
266	266	25) North 38 02' 39" East, 110.88 feet to a point for
267	267	corner;
268	268	26) North 50 23' 53" East, 96.05 feet to a point for corner;
269	269	27) North 62 06' 26" East, 105.29 feet to a point for
270	270	corner;
271	271	28) North 74 01' 50" East, 103.53 feet to a point for
272	272	corner;
273	273	29) North 89 55' 40" East, 128.14 feet to a point for
274	274	corner;
275	275	30) North 88 31' 17" East, 474.84 feet to a point for
276	276	corner;
277	277	31) North 89 13' 26" East, 739.56 feet to a point for
278	278	corner;
279	279	32) North 88 53' 17" East, 435.66 feet to a point for
280	280	corner;
281	281	Thence, leaving said common line, South 43 14' 43" East,
282	282	446.58 feet to a point for corner;
283	283	Thence, South 52 46' 49" East, 498.65 feet to a point for
284	284	corner;
285	285	Thence, South 60 55' 23" East, 328.56 feet to a point for
286	286	corner;
287	287	Thence, South 68 43' 05" East, 369.58 feet to a point for
288	288	corner;
289	289	Thence, South 76 13' 11" East, 287.55 feet to a point for
290	290	corner;
291	291	Thence, South 83 20' 19" East, 446.74 feet to a point for
292	292	corner;
293	293	Thence, South 61 25' 51" East, 759.48 feet to a point for
294	294	corner;
295	295	Thence, South 79 09' 30" East, 795.06 feet to a point for
296	296	corner;
297	297	Thence, South 48 39' 08" East, 572.36 feet to a point for
298	298	corner;
299	299	Thence, South 56 39' 11" East, 556.76 feet to a point for
300	300	corner;
301	301	Thence, South 74 53' 27" East, 692.70 feet to a point for
302	302	corner;
303	303	Thence, South 87 06' 33" East, 692.70 feet to a point for
304	304	corner;
305	305	Thence, North 88 26' 51" East, 1870.11 feet to a point for
306	306	corner on the east line of the aforementioned 993.533 acre tract;
307	307	Thence, with the east line of said 993.533 acre tract, South
308	308	05 39' 36" West, 520.09 feet to a point for corner on the common
309	309	survey line of said Nathan Brookshire League and said William
310	310	Cooper League;
311	311	Thence, continuing with said east and said common survey
312	312	line, South 01 46' 55" East (called South 00 22' 41" East), 484.08
313	313	feet the common east corner of said 993.533 acre tract and the
314	314	aforementioned 477.895 acre tract;
315	315	Thence, continuing with said common survey line and the east
316	316	line of said 477.895 acre tract, South 01 51' 10" East, 716.22 feet
317	317	to a point for corner;
318	318	Thence, continuing with said common survey line and said east
319	319	line, South 02 47' 12" East, 560.51 feet to a reentrant corner of
320	320	said 477.895 acre tract;
321	321	Thence, leaving said common survey line and said east line
322	322	and with a north line of said 477.895 acre tract, the following four
323	323	(4) courses:
324	324	1) North 87 06' 35" East, 1052.17 feet to a point for
325	325	corner;
326	326	2) North 87 01' 23" East, 1326.59 feet to a point for
327	327	corner;
328	328	3) North 06 23' 38" West, 1527.81 feet to a point for
329	329	corner;
330	330	4) North 01 56' 44" West, 715.60 feet to the northeast
331	331	corner of said 477.895 acre tract, same being on the westerly
332	332	right-of-way line of F.M. 359 (called 100 feet wide), the beginning
333	333	of a curve;
334	334	Thence, with the common line of said 477.895 acre tract and
335	335	said F.M. 359, 27.62 feet along the arc of a non-tangent curve to
336	336	the right, having a radius of 2860.16 feet, a central angle of 00
337	337	33' 12" and a chord which bears South 37 47' 13" East, 27.62 feet to
338	338	a point for corner;
339	339	Thence, continuing with said common line, South 35 56' 20"
340	340	East, 2232.18 feet to a point for corner on the common line of said
341	341	Waller County and Fort Bend County;
342	342	Thence, with said common county line, South 64 45' 09" West,
343	343	3822.58 feet to a point for corner on the south line of said 477.895
344	344	acre tract, same being the southeast corner of the aforementioned
345	345	William Cooper League;
346	346	Thence, with the south line of said 477.895 acre tract and the
347	347	south line of said William Cooper League and said common county
348	348	line, South 87 42' 18" West, 3541.24 feet to a point for corner;
349	349	Thence, continuing with said south line, said south survey
350	350	line and said common county line, South 87 38' 07" West, at 1191.63
351	351	feet pass the southeast corner of the aforementioned 121.983 acre
352	352	tract and continuing with the south line of said 121.983 acre tract,
353	353	said south survey line and said common county line, in all a total
354	354	distance of 2979.71 feet to a point for corner;
355	355	Thence, leaving said common county line and continuing with
356	356	said south line and said south survey line, South 87 44' 38" West,
357	357	1562.25 feet to the east corner of the aforementioned 1.9030 acre
358	358	tract;
359	359	Thence, continuing with the south line of said 1.9030 acre
360	360	tract and said south survey line, South 87 49' 39" West (called
361	361	West), 827.66 feet to the POINT OF BEGINNING and containing
362	362	1064.491 acres of land.
363	363	SECTION 3. (a) The legal notice of the intention to
364	364	introduce this Act, setting forth the general substance of this
365	365	Act, has been published as provided by law, and the notice and a
366	366	copy of this Act have been furnished to all persons, agencies,
367	367	officials, or entities to which they are required to be furnished
368	368	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
369	369	Government Code.
370	370	(b) The governor, one of the required recipients, has
371	371	submitted the notice and Act to the Texas Commission on
372	372	Environmental Quality.
373	373	(c) The Texas Commission on Environmental Quality has filed
374	374	its recommendations relating to this Act with the governor, the
375	375	lieutenant governor, and the speaker of the house of
376	376	representatives within the required time.
377	377	(d) All requirements of the constitution and laws of this
378	378	state and the rules and procedures of the legislature with respect
379	379	to the notice, introduction, and passage of this Act are fulfilled
380	380	and accomplished.
381	381	SECTION 4. This Act takes effect immediately if it receives
382	382	a vote of two-thirds of all the members elected to each house, as
383	383	provided by Section 39, Article III, Texas Constitution. If this
384	384	Act does not receive the vote necessary for immediate effect, this
385	385	Act takes effect September 1, 2009.
386	386	______________________________ ______________________________
387	387	President of the Senate Speaker of the House
388	388	I certify that H.B. No. 1691 was passed by the House on May
389	389	12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
390	390	voting.
391	391	______________________________
392	392	Chief Clerk of the House
393	393	I certify that H.B. No. 1691 was passed by the Senate on May
394	394	27, 2009, by the following vote: Yeas 31, Nays 0.
395	395	______________________________
396	396	Secretary of the Senate
397	397	APPROVED: _____________________
398	398	Date
399	399	_____________________
400	400	Governor