H.B. No. 1691
AN ACT
relating to the creation of the Waller County Municipal Utility
District No. 14; providing authority to impose a tax and issue
bonds; granting a limited power of eminent domain.
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 8351 to read as follows:
CHAPTER 8351. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 14
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8351.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Waller County Municipal
Utility District No. 14.
Sec. 8351.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8351.003. CONFIRMATION AND DIRECTORS' 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. 8351.004. 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, or improvement of
macadamized, graveled, or paved roads described by Section 54.234,
Water Code, or improvements, including storm drainage, in aid of
those roads.
Sec. 8351.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating 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.
[Sections 8351.006-8351.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8351.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8351.052, directors serve
staggered four-year terms.
Sec. 8351.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act creating 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 Texas Commission on
Environmental Quality 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 8351.003; or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(c) If permanent directors have not been elected under
Section 8351.003 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 8351.003; 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.
[Sections 8351.053-8351.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8351.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8351.102. 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. 8351.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve, and
convey to this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads described by
Section 54.234, Water Code, or improvements, including storm
drainage, in aid of those roads.
(b) The district may exercise the powers provided by this
section without submitting a petition to or obtaining approval from
the Texas Commission on Environmental Quality as required by
Section 54.234, Water Code.
Sec. 8351.104. APPROVAL OF ROAD PROJECT. (a) The district
may not undertake a road project authorized by Section 8351.103
unless:
(1) each municipality or county that will operate and
maintain the road has approved the plans and specifications of the
road project, if a municipality or county will operate and maintain
the road; or
(2) the Texas Transportation Commission has approved
the plans and specifications of the road project, if the state will
operate and maintain the road.
(b) Except as provided by Subsection (a), the district is
not required to obtain approval from the Texas Transportation
Commission to design, acquire, construct, finance, issue bonds for,
improve, or convey a road project.
Sec. 8351.105. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 8351.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
[Sections 8351.106-8351.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8351.151. 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 8351.153.
(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. 8351.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8351.151, 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. 8351.153. 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.
[Sections 8351.154-8351.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8351.201. 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. 8351.202. 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. 8351.203. 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 Waller County Municipal Utility District No.
14 initially includes all the territory contained in the following
area:
Being 1064.491 acres of land located in the Nathan Brookshire
League, Abstract 16 and the William Cooper League, Abstract 20,
Waller County, Texas, more particularly being all of that certain
called 1.9030 acre tract conveyed to NBI Properties, Inc., by
instrument of record in Volume 1110, Page 389, Official Public
Records, of said Waller County (W.C.O.P.R.), being all of that
certain called 121.983 acre tract conveyed to NBI Properties, Inc.,
by instrument of record in Volume 0998, Page 700, W.C.O.P.R., being
a portion of that certain called 477.895 acre tract conveyed to NBI
Properties, Inc., by instruments of record in Volume 0998, Page
753, W.C.O.P.R., and File No. 2006146687, F.B.C.O.P.R., and being
a portion of that certain called 993.533 acre tract conveyed to NBI
Properties, Inc., by instrument of record in Volume 0989, Page 154,
W.C.O.P.R., said 1064.491 acres being more particularly described
by metes and bounds as follows (all bearings are assumed);
BEGINNING at the southwest corner of said 1.9030 acre tract,
same being on the common survey line of said William Cooper League
and the Randolph Foster League, Abstract 27, and on the easterly
right-of-way line of F.M. 1489, the beginning of a curve whose
center bears North 41 27' 49" West;
Thence, with the westerly line of said 1.9030, 121.983 and
477.895 acre tracts and the easterly line of said F.M. 1489, the
following eight (8) courses:
1) 118.81 feet along the arc of a curve to the left, having a
radius of 326.48 feet, a central angle of 20 51' 00" and a chord
which bears North 38 06' 41" East (called North 40 17' 02" East),
118.15 feet to a point for corner, the beginning of a curve;
2) 333.71 feet along the arc of a non-tangent curve to the
left, having a radius of 517.46 feet, a central angle of 36 57' 00"
and a chord which bears North 21 18' 03" East, 327.96 feet to a
point for corner, the beginning of a curve;
3) 418.49 feet along the arc of a non-tangent curve to the
left, having a radius of 326.48 feet, a central angle of 73 26' 33"
and a chord which bears North 18 39' 12" West, 390.42 feet to a
point for corner, the beginning of a curve;
4) 184.69 feet along the arc of a non-tangent curve to the
left, having a radius of 517.46 feet, a central angle of 20 26' 59"
and a chord which bears North 51 02' 24" West, 183.71 feet to a
point for corner;
5) North 61 15' 54" West, 156.01 feet to a point for corner,
the beginning of a curve;
6) 59.91 feet along the arc of a tangent curve to the right,
having a radius of 676.20 feet, a central angle of 05 04' 35" and a
chord which bears North 58 43' 37" West, 59.89 feet to a point for
corner, the beginning of a curve;
7) 292.26 feet along the arc of a non-tangent curve to the
right, having a radius of 687.23 feet, a central angle of 24 41' 58"
and a chord that bears North 42 44' 35" West, 293.97 feet to a point
for corner;
8) North 30 23' 37" West, 741.98 feet to the northwest
corner of said 477.895 acre tract, same being the southwest corner
of said 993.533 acre tract;
Thence, with the common line of said 993.533 acre tract and
said F.M. 1489, the following thirty-two (32) courses:
1) North 26 40' 36" West (called North 24 31' 01" West),
234.01 feet to a point for corner;
2) North 26 47' 33" West, 139.17 feet to a point for corner;
3) North 18 23' 52" West, 144.17 feet to a point for corner;
4) North 04 55' 11" West, 148.56 feet to a point for corner;
5) North 06 29' 21" East, 154.86 feet to a point for corner;
6) North 20 57' 59" East, 181.75 feet to a point for corner;
7) North 27 29' 41" East, 320.27 feet to a point for corner;
8) North 24 38' 10" East, 170.11 feet to a point for corner;
9) North 23 26' 48" East, 360.62 feet to a point for corner;
10) North 13 06' 57" East, 45.92 feet to a point for corner;
11) North 19 18' 25" East, 219.10 feet to a point for
corner;
12) North 10 45' 21" East, 77.16 feet to a point for corner;
13) North 10 44' 48" East, 217.41 feet to a point for
corner;
14) North 10 13' 04" East, 167.66 feet to a point for
corner;
15) North 17 33' 30" West, 245.38 feet to a point for
corner;
16) North 17 44' 43" West, 234.77 feet to a point for
corner;
17) North 17 57' 38" West, 260.85 feet to a point for
corner;
18) North 28 49' 48" West, 240.40 feet to a point for
corner;
19) North 28 51' 56" West, 246.74 feet to a point for
corner;
20) North 24 07' 44" West, 89.42 feet to a point for corner;
21) North 12 57' 32" West, 101.02 feet to a point for
corner;
22) North 00 51' 04" East, 119.18 feet to a point for
corner;
23) North 12 39' 21" East, 99.21 feet to a point for corner;
24) North 25 40' 31" East, 103.11 feet to a point for
corner;
25) North 38 02' 39" East, 110.88 feet to a point for
corner;
26) North 50 23' 53" East, 96.05 feet to a point for corner;
27) North 62 06' 26" East, 105.29 feet to a point for
corner;
28) North 74 01' 50" East, 103.53 feet to a point for
corner;
29) North 89 55' 40" East, 128.14 feet to a point for
corner;
30) North 88 31' 17" East, 474.84 feet to a point for
corner;
31) North 89 13' 26" East, 739.56 feet to a point for
corner;
32) North 88 53' 17" East, 435.66 feet to a point for
corner;
Thence, leaving said common line, South 43 14' 43" East,
446.58 feet to a point for corner;
Thence, South 52 46' 49" East, 498.65 feet to a point for
corner;
Thence, South 60 55' 23" East, 328.56 feet to a point for
corner;
Thence, South 68 43' 05" East, 369.58 feet to a point for
corner;
Thence, South 76 13' 11" East, 287.55 feet to a point for
corner;
Thence, South 83 20' 19" East, 446.74 feet to a point for
corner;
Thence, South 61 25' 51" East, 759.48 feet to a point for
corner;
Thence, South 79 09' 30" East, 795.06 feet to a point for
corner;
Thence, South 48 39' 08" East, 572.36 feet to a point for
corner;
Thence, South 56 39' 11" East, 556.76 feet to a point for
corner;
Thence, South 74 53' 27" East, 692.70 feet to a point for
corner;
Thence, South 87 06' 33" East, 692.70 feet to a point for
corner;
Thence, North 88 26' 51" East, 1870.11 feet to a point for
corner on the east line of the aforementioned 993.533 acre tract;
Thence, with the east line of said 993.533 acre tract, South
05 39' 36" West, 520.09 feet to a point for corner on the common
survey line of said Nathan Brookshire League and said William
Cooper League;
Thence, continuing with said east and said common survey
line, South 01 46' 55" East (called South 00 22' 41" East), 484.08
feet the common east corner of said 993.533 acre tract and the
aforementioned 477.895 acre tract;
Thence, continuing with said common survey line and the east
line of said 477.895 acre tract, South 01 51' 10" East, 716.22 feet
to a point for corner;
Thence, continuing with said common survey line and said east
line, South 02 47' 12" East, 560.51 feet to a reentrant corner of
said 477.895 acre tract;
Thence, leaving said common survey line and said east line
and with a north line of said 477.895 acre tract, the following four
(4) courses:
1) North 87 06' 35" East, 1052.17 feet to a point for
corner;
2) North 87 01' 23" East, 1326.59 feet to a point for
corner;
3) North 06 23' 38" West, 1527.81 feet to a point for
corner;
4) North 01 56' 44" West, 715.60 feet to the northeast
corner of said 477.895 acre tract, same being on the westerly
right-of-way line of F.M. 359 (called 100 feet wide), the beginning
of a curve;
Thence, with the common line of said 477.895 acre tract and
said F.M. 359, 27.62 feet along the arc of a non-tangent curve to
the right, having a radius of 2860.16 feet, a central angle of 00
33' 12" and a chord which bears South 37 47' 13" East, 27.62 feet to
a point for corner;
Thence, continuing with said common line, South 35 56' 20"
East, 2232.18 feet to a point for corner on the common line of said
Waller County and Fort Bend County;
Thence, with said common county line, South 64 45' 09" West,
3822.58 feet to a point for corner on the south line of said 477.895
acre tract, same being the southeast corner of the aforementioned
William Cooper League;
Thence, with the south line of said 477.895 acre tract and the
south line of said William Cooper League and said common county
line, South 87 42' 18" West, 3541.24 feet to a point for corner;
Thence, continuing with said south line, said south survey
line and said common county line, South 87 38' 07" West, at 1191.63
feet pass the southeast corner of the aforementioned 121.983 acre
tract and continuing with the south line of said 121.983 acre tract,
said south survey line and said common county line, in all a total
distance of 2979.71 feet to a point for corner;
Thence, leaving said common county line and continuing with
said south line and said south survey line, South 87 44' 38" West,
1562.25 feet to the east corner of the aforementioned 1.9030 acre
tract;
Thence, continuing with the south line of said 1.9030 acre
tract and said south survey line, South 87 49' 39" West (called
West), 827.66 feet to the POINT OF BEGINNING and containing
1064.491 acres of land.
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. 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, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1691 was passed by the House on May
12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1691 was passed by the Senate on May
27, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor