Texas 2009 - 81st Regular

Texas House Bill HB4802 Compare Versions

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1	1	81R16370 SLB-F
2	2	By: Otto H.B. No. 4802
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Liberty County Municipal Utility
8	8	District No. 6; providing authority to impose a tax and issue bonds;
9	9	granting a limited power of eminent domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8367 to read as follows:
13	13	CHAPTER 8367. LIBERTY COUNTY MUNICIPAL UTILITY DISTRICT NO. 6
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8367.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Director" means a board member.
18	18	(3) "District" means the Liberty County Municipal
19	19	Utility District No. 6.
20	20	Sec. 8367.002. NATURE OF DISTRICT. The district is a
21	21	municipal utility district created under Section 59, Article XVI,
22	22	Texas Constitution.
23	23	Sec. 8367.003. CONFIRMATION AND DIRECTORS' ELECTION
24	24	REQUIRED. The temporary directors shall hold an election to
25	25	confirm the creation of the district and to elect five permanent
26	26	directors as provided by Section 49.102, Water Code.
27	27	Sec. 8367.004. CONSENT OF MUNICIPALITY REQUIRED. The
28	28	temporary directors may not hold an election under Section 8367.003
29	29	until each municipality in whose corporate limits or
30	30	extraterritorial jurisdiction the district is located has
31	31	consented by ordinance or resolution to the creation of the
32	32	district and to the inclusion of land in the district.
33	33	Sec. 8367.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
34	34	The district is created to serve a public purpose and benefit.
35	35	(b) The district is created to accomplish the purposes of:
36	36	(1) a municipal utility district as provided by
37	37	general law and Section 59, Article XVI, Texas Constitution; and
38	38	(2) Section 52, Article III, Texas Constitution, that
39	39	relate to the construction, acquisition, or improvement of
40	40	macadamized, graveled, or paved roads described by Section 54.234,
41	41	Water Code, or improvements, including storm drainage, in aid of
42	42	those roads.
43	43	Sec. 8367.006. INITIAL DISTRICT TERRITORY. (a) The
44	44	district is initially composed of the territory described by
45	45	Section 2 of the Act creating this chapter.
46	46	(b) The boundaries and field notes contained in Section 2 of
47	47	the Act creating this chapter form a closure. A mistake made in the
48	48	field notes or in copying the field notes in the legislative process
49	49	does not affect the district's:
50	50	(1) organization, existence, or validity;
51	51	(2) right to issue any type of bond for the purposes
52	52	for which the district is created or to pay the principal of and
53	53	interest on a bond;
54	54	(3) right to impose a tax; or
55	55	(4) legality or operation.
56	56	[Sections 8367.007-8367.050 reserved for expansion]
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 8367.051. GOVERNING BODY; TERMS. (a) The district is
59	59	governed by a board of five elected directors.
60	60	(b) Except as provided by Section 8367.052, directors serve
61	61	staggered four-year terms.
62	62	Sec. 8367.052. TEMPORARY DIRECTORS. (a) The temporary
63	63	board consists of:
64	64	(1) Mark Froehlich;
65	65	(2) Cynthia Gage;
66	66	(3) Greg Parker;
67	67	(4) Jeremy Newsom; and
68	68	(5) Cindy Leslie.
69	69	(b) Temporary directors serve until the earlier of:
70	70	(1) the date permanent directors are elected under
71	71	Section 8367.003; or
72	72	(2) the fourth anniversary of the effective date of
73	73	the Act creating this chapter.
74	74	(c) If permanent directors have not been elected under
75	75	Section 8367.003 and the terms of the temporary directors have
76	76	expired, successor temporary directors shall be appointed or
77	77	reappointed as provided by Subsection (d) to serve terms that
78	78	expire on the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 8367.003; or
81	81	(2) the fourth anniversary of the date of the
82	82	appointment or reappointment.
83	83	(d) If Subsection (c) applies, the owner or owners of a
84	84	majority of the assessed value of the real property in the district
85	85	may submit a petition to the Texas Commission on Environmental
86	86	Quality requesting that the commission appoint as successor
87	87	temporary directors the five persons named in the petition. The
88	88	commission shall appoint as successor temporary directors the five
89	89	persons named in the petition.
90	90	[Sections 8367.053-8367.100 reserved for expansion]
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 8367.101. GENERAL POWERS AND DUTIES. The district has
93	93	the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 8367.102. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 8367.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
101	101	Section 52, Article III, Texas Constitution, the district may
102	102	design, acquire, construct, finance, issue bonds for, improve, and
103	103	convey to this state, a county, or a municipality for operation and
104	104	maintenance macadamized, graveled, or paved roads described by
105	105	Section 54.234, Water Code, or improvements, including storm
106	106	drainage, in aid of those roads.
107	107	(b) The district may exercise the powers provided by this
108	108	section without submitting a petition to or obtaining approval from
109	109	the Texas Commission on Environmental Quality as required by
110	110	Section 54.234, Water Code.
111	111	Sec. 8367.104. APPROVAL OF ROAD PROJECT. (a) The district
112	112	may not undertake a road project authorized by Section 8367.103
113	113	unless:
114	114	(1) each municipality or county that will operate and
115	115	maintain the road has approved the plans and specifications of the
116	116	road project, if a municipality or county will operate and maintain
117	117	the road; or
118	118	(2) the Texas Transportation Commission has approved
119	119	the plans and specifications of the road project, if the state will
120	120	operate and maintain the road.
121	121	(b) Except as provided by Subsection (a), the district is
122	122	not required to obtain approval from the Texas Transportation
123	123	Commission to design, acquire, construct, finance, issue bonds for,
124	124	improve, or convey a road project.
125	125	Sec. 8367.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
126	126	OR RESOLUTION. The district shall comply with all applicable
127	127	requirements of any ordinance or resolution that is adopted under
128	128	Section 54.016 or 54.0165, Water Code, and that consents to the
129	129	creation of the district or to the inclusion of land in the
130	130	district.
131	131	Sec. 8367.106. LIMITATION ON USE OF EMINENT DOMAIN. The
132	132	district may not exercise the power of eminent domain outside the
133	133	district to acquire a site or easement for:
134	134	(1) a road project authorized by Section 8367.103; or
135	135	(2) a recreational facility as defined by Section
136	136	49.462, Water Code.
137	137	Sec. 8367.107. DIVISION OF DISTRICT. (a) The district may
138	138	be divided into two or more new districts only if the district:
139	139	(1) has no outstanding bonded debt; and
140	140	(2) is not imposing ad valorem taxes.
141	141	(b) This chapter applies to any new district created by the
142	142	division of the district, and a new district has all the powers and
143	143	duties of the district.
144	144	(c) Any new district created by the division of the district
145	145	may not, at the time the new district is created, contain any land
146	146	outside the area described by Section 2 of the Act creating this
147	147	chapter.
148	148	(d) The board, on its own motion or on receipt of a petition
149	149	signed by the owner or owners of a majority of the assessed value of
150	150	the real property in the district, may adopt an order dividing the
151	151	district.
152	152	(e) The board may adopt an order dividing the district
153	153	before or after the date the board holds an election under Section
154	154	8367.003 to confirm the district's creation.
155	155	(f) An order dividing the district:
156	156	(1) shall:
157	157	(A) name each new district;
158	158	(B) include the metes and bounds of each new
159	159	district;
160	160	(C) appoint temporary directors for each new
161	161	district, or provide that the owner or owners of a majority of the
162	162	assessed value of the real property in each new district may submit
163	163	a petition to the Texas Commission on Environmental Quality
164	164	requesting that the commission appoint as temporary directors the
165	165	five persons named in the petition; and
166	166	(D) provide for the division of assets and
167	167	liabilities between or among the new districts; and
168	168	(2) is subject to a confirmation election in each new
169	169	district.
170	170	(g) On or before the 30th day after the date of adoption of
171	171	an order dividing the district, the district shall file the order
172	172	with the Texas Commission on Environmental Quality and record the
173	173	order in the real property records of each county in which the
174	174	district is located.
175	175	(h) Any new district created by the division of the district
176	176	shall hold a confirmation and directors' election as required by
177	177	Section 8367.003. The results of that election must be filed as
178	178	required by Sections 49.102(e) and (f), Water Code. If the voters
179	179	of a new district do not confirm the creation of the new district,
180	180	the assets, liabilities, territory, and governance of the new
181	181	district revert to the original district.
182	182	(i) Municipal consent to the creation of the district and to
183	183	the inclusion of land in the district granted under Section
184	184	8367.004 acts as municipal consent to the creation of any new
185	185	district created by the division of the district and to the
186	186	inclusion of land in the new district.
187	187	(j) Any new district created by the division of the district
188	188	must hold an election as required by this chapter to obtain voter
189	189	approval before the district may impose a maintenance tax or issue
190	190	bonds payable wholly or partly from ad valorem taxes.
191	191	[Sections 8367.108-8367.150 reserved for expansion]
192	192	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
193	193	Sec. 8367.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
194	194	district may issue, without an election, bonds and other
195	195	obligations secured by:
196	196	(1) revenue other than ad valorem taxes; or
197	197	(2) contract payments described by Section 8367.153.
198	198	(b) The district must hold an election in the manner
199	199	provided by Chapters 49 and 54, Water Code, to obtain voter approval
200	200	before the district may impose an ad valorem tax or issue bonds
201	201	payable from ad valorem taxes.
202	202	(c) The district may not issue bonds payable from ad valorem
203	203	taxes to finance a road project unless the issuance is approved by a
204	204	vote of a two-thirds majority of the district voters voting at an
205	205	election held for that purpose.
206	206	Sec. 8367.152. OPERATION AND MAINTENANCE TAX. (a) If
207	207	authorized at an election held under Section 8367.151, the district
208	208	may impose an operation and maintenance tax on taxable property in
209	209	the district in accordance with Section 49.107, Water Code.
210	210	(b) The board shall determine the tax rate. The rate may not
211	211	exceed the rate approved at the election.
212	212	Sec. 8367.153. CONTRACT TAXES. (a) In accordance with
213	213	Section 49.108, Water Code, the district may impose a tax other than
214	214	an operation and maintenance tax and use the revenue derived from
215	215	the tax to make payments under a contract after the provisions of
216	216	the contract have been approved by a majority of the district voters
217	217	voting at an election held for that purpose.
218	218	(b) A contract approved by the district voters may contain a
219	219	provision stating that the contract may be modified or amended by
220	220	the board without further voter approval.
221	221	[Sections 8367.154-8367.200 reserved for expansion]
222	222	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
223	223	Sec. 8367.201. AUTHORITY TO ISSUE BONDS AND OTHER
224	224	OBLIGATIONS. The district may issue bonds or other obligations
225	225	payable wholly or partly from ad valorem taxes, impact fees,
226	226	revenue, contract payments, grants, or other district money, or any
227	227	combination of those sources, to pay for any authorized district
228	228	purpose.
229	229	Sec. 8367.202. TAXES FOR BONDS. At the time the district
230	230	issues bonds payable wholly or partly from ad valorem taxes, the
231	231	board shall provide for the annual imposition of a continuing
232	232	direct ad valorem tax, without limit as to rate or amount, while all
233	233	or part of the bonds are outstanding as required and in the manner
234	234	provided by Sections 54.601 and 54.602, Water Code.
235	235	Sec. 8367.203. BONDS FOR ROAD PROJECTS. At the time of
236	236	issuance, the total principal amount of bonds or other obligations
237	237	issued or incurred to finance road projects and payable from ad
238	238	valorem taxes may not exceed one-fourth of the assessed value of the
239	239	real property in the district.
240	240	SECTION 2. The Liberty County Municipal Utility District
241	241	No. 6 initially includes all the territory contained in the
242	242	following area:
243	243	BEING A 1,393.8 ACRE TRACT OF LAND SITUATED IN THE MARY
244	244	MAGRUDER SURVEY, ABSTRACT 311, LIBERTY COUNTY, TEXAS, BEING OUT OF
245	245	THAT CALLED 3,696.8474 ACRE TRACT DESCRIBED IN DEED TO FORESTAR
246	246	(USA) REAL ESTATE GROUP INC. RECORDED UNDER FILE NUMBER 20070657801
247	247	OF THE HARRIS COUNTY DEED RECORDS AND FILE NUMBER 2007014954 OF THE
248	248	LIBERTY COUNTY DEED RECORDS, SAID 1,393.8 ACRE TRACT BEING MORE
249	249	PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (BEARINGS
250	250	BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, AS
251	251	DETERMINED BY GPS MEASUREMENTS):
252	252	BEGINNING AT A FOUND CONCRETE MONUMENT WITH BRASS DISK
253	253	STAMPED 'L7' FOR THE NORTHEAST CORNER OF THE CALLED 3,696.8474 ACRE
254	254	TRACT, THE NORTHEAST CORNER OF SAID MARY MAGRUDER SURVEY, A-311,
255	255	THE SOUTHEAST CORNER OF THE H.T.&B.R.R. NO. 13 1/2 SURVEY, A-635,
256	256	THE SOUTHWEST CORNER OF THE W. MCWILKINSON SURVEY, A-317, AND THE
257	257	NORTHWEST CORNER OF THE H.B. WITHAM SURVEY, A-395, FROM WHICH FOUND
258	258	A 1-1/2-INCH AXLE BEARS SOUTH 85 WEST, 0.6 FEET;
259	259	THENCE SOUTH 0130'36" EAST, 5,337.88 FEET, ALONG THE COMMON
260	260	LINE BETWEEN SAID MARY MAGRUDER SURVEY, ABSTRACT 311, AND SAID H.B.
261	261	WITHAM SURVEY, ABSTRACT 395 TO A BROKEN CONCRETE MONUMENT FOUND ON
262	262	THE NORTH LINE OF THE E. KING SURVEY, ABSTRACT 57, AND MARKING THE
263	263	SOUTHWEST CORNER OF SAID H.B. WITHAM SURVEY, ABSTRACT 395, THE
264	264	SOUTHEAST CORNER OF THE MARY MAGRUDER SURVEY, ABSTRACT 311, AND THE
265	265	MOST EASTERLY SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT, FROM
266	266	WHICH A 18-INCH PINE TREE BEARS SOUTH 30 WEST, 17.8 FEET AND A
267	267	36-INCH OAK BEARS NORTH 18 EAST, 29.3 FEET;
268	268	THENCE SOUTH 8634'11" WEST, WITH THE NORTH LINE OF SAID E.
269	269	KING SURVEY, ABSTRACT 57, 10.33 FEET, TO A BROKEN CONCRETE MONUMENT
270	270	FOUND FOR AN ANGLE POINT IN THE EASTERLY SOUTH LINE OF THE HEREIN
271	271	DESCRIBED TRACT, FROM WHICH A FOUND AXLE BEARS SOUTH 2451' EAST,
272	272	1.2 FEET;
273	273	THENCE SOUTH 8814'17" WEST, WITH THE COMMON LINE BETWEEN SAID
274	274	MARY MAGRUDER SURVEY, ABSTRACT 311 AND SAID E. KING SURVEY,
275	275	ABSTRACT 57, 2,602.14 FEET TO A CONCRETE MONUMENT FOUND FOR AN ANGLE
276	276	POINT IN THE EASTERLY SOUTH LINE OF THE HEREIN DESCRIBED TRACT, FROM
277	277	WHICH A FOUND AXLE BEARS SOUTH 5349' WEST, 1.1 FEET;
278	278	THENCE SOUTH 8810'22" WEST, WITH THE COMMON LINE BETWEEN SAID
279	279	MARY MAGRUDER SURVEY, ABSTRACT 311 AND SAID E. KING SURVEY,
280	280	ABSTRACT 57, 8,068.22 FEET TO THE SOUTHWESTERLY CORNER OF THE
281	281	HEREIN DESCRIBED TRACT BEING IN THE COMMON LINE BETWEEN HARRIS
282	282	COUNTY AND LIBERTY COUNTY;
283	283	THENCE NORTH 2011'08" WEST, WITH THE COMMON LINE BETWEEN
284	284	HARRIS COUNTY AND LIBERTY COUNTY, 5,390.36 FEET TO THE
285	285	NORTHWESTERLY CORNER OF THE HEREIN DESCRIBED TRACT BEING IN A
286	286	NORTHERLY LINE OF THE AFOREMENTIONED 3,696.8474 ACRE TRACT;
287	287	THENCE NORTH 8736'01" EAST, WITH THE NORTHERLY LINE OF SAID
288	288	3,696.8474 ACRE TRACT, 3,373.86 FEET TO A 1/2-INCH IRON ROD FOUND
289	289	FOR CORNER;
290	290	THENCE NORTH 0223'59" WEST, CONTINUING ALONG THE NORTHERLY
291	291	LINE OF SAID 3,696.8474 ACRE TRACT, 100.00 FEET TO A CALCULATED
292	292	CORNER FROM WHICH A 1/2-INCH IRON ROD FOUND BEARS N0W, 0.2 FEET AND
293	293	A 1/2-INCH IRON ROD FOUND BEARS N12W, 6.7 FEET, BEING ON THE NORTH
294	294	LINE OF THE MARY MAGRUDER SURVEY, ABSTRACT 311 AND THE W.R. SEARCY
295	295	NO. 14 1/2 SURVEY, ABSTRACT 792, LIBERTY COUNTY, TEXAS;
296	296	THENCE NORTH 8737'52" EAST, ALONG THE NORTH LINE OF THE MARY
297	297	MAGRUDER SURVEY, ABSTRACT 311 AND GENERALLY WITH THE SOUTH LINE OF
298	298	THE W.R. SEARCY NO. 14 1/2, ABSTRACT 792, AND THE SOUTH LINE OF SAID
299	299	H.T. & B. R.R. NO. 13 1/2 SURVEY, ABSTRACT 635, A DISTANCE OF
300	300	9,035.70 FEET TO THE POINT OF BEGINNING AND CONTAINING 1,393.8
301	301	ACRES OF LAND.
302	302	SECTION 3. (a) The legal notice of the intention to
303	303	introduce this Act, setting forth the general substance of this
304	304	Act, has been published as provided by law, and the notice and a
305	305	copy of this Act have been furnished to all persons, agencies,
306	306	officials, or entities to which they are required to be furnished
307	307	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
308	308	Government Code.
309	309	(b) The governor, one of the required recipients, has
310	310	submitted the notice and Act to the Texas Commission on
311	311	Environmental Quality.
312	312	(c) The Texas Commission on Environmental Quality has filed
313	313	its recommendations relating to this Act with the governor, the
314	314	lieutenant governor, and the speaker of the house of
315	315	representatives within the required time.
316	316	(d) All requirements of the constitution and laws of this
317	317	state and the rules and procedures of the legislature with respect
318	318	to the notice, introduction, and passage of this Act are fulfilled
319	319	and accomplished.
320	320	SECTION 4. This Act takes effect immediately if it receives
321	321	a vote of two-thirds of all the members elected to each house, as
322	322	provided by Section 39, Article III, Texas Constitution. If this
323	323	Act does not receive the vote necessary for immediate effect, this
324	324	Act takes effect September 1, 2009.