Texas 2009 - 81st Regular

Texas House Bill HB4811 Compare Versions

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1	1	H.B. No. 4811
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Comal County Water Control and
6	6	Improvement District No. 6; providing authority to impose a tax and
7	7	issue 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 I, Title 6, Special District Local Laws
10	10	Code, is amended by adding Chapter 9037 to read as follows:
11	11	CHAPTER 9037. COMAL COUNTY WATER CONTROL AND IMPROVEMENT
12	12	DISTRICT NO. 6
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 9037.001. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "Director" means a board member.
17	17	(3) "District" means the Comal County Water Control
18	18	and Improvement District No. 6.
19	19	Sec. 9037.002. NATURE OF DISTRICT. The district is a water
20	20	control and improvement district created under Section 59, Article
21	21	XVI, Texas Constitution.
22	22	Sec. 9037.003. CONFIRMATION AND DIRECTORS' ELECTION
23	23	REQUIRED. The temporary directors shall hold an election to
24	24	confirm the creation of the district and to elect five permanent
25	25	directors as provided by Section 49.102, Water Code.
26	26	Sec. 9037.004. CONSENT REQUIRED. (a) The temporary
27	27	directors may not hold an election under Section 9037.003 until:
28	28	(1) each municipality in whose corporate limits or
29	29	extraterritorial jurisdiction the district is located has
30	30	consented by ordinance or resolution to the creation of the
31	31	district and to the inclusion of land in the district;
32	32	(2) each municipality in whose extraterritorial
33	33	jurisdiction the district is located has:
34	34	(A) approved and entered into a strategic
35	35	partnership agreement with the district under Section 43.0751,
36	36	Local Government Code; and
37	37	(B) approved and entered into a development
38	38	agreement with the owners of land in the district under Section
39	39	212.172, Local Government Code;
40	40	(3) an agreement that addresses the provision of water
41	41	and wastewater treatment to the land in the district has been
42	42	approved and entered into by:
43	43	(A) each municipality in whose extraterritorial
44	44	jurisdiction the district is located;
45	45	(B) the commissioners court of each county in
46	46	which the district is located;
47	47	(C) a retail or wholesale provider of water and
48	48	wastewater treatment; and
49	49	(D) the owners of land in the district;
50	50	(4) the commissioners court of each county in which
51	51	the district is located has issued an order making the findings
52	52	under Sections 51.021(a)(1), (2), (3), and (4), Water Code; and
53	53	(5) the commissioners court of each county in which
54	54	the district is located has approved and entered into an agreement
55	55	with the district that must include, but is not limited to,
56	56	provisions relating to the use of county right-of-way, the
57	57	district's exercise of the power of eminent domain outside the
58	58	boundaries of the district, drainage serving the land in the
59	59	district, platting of land in the district, and the provision of
60	60	water and wastewater treatment to the land in the district.
61	61	(b) A municipality that contains district territory in its
62	62	corporate limits or extraterritorial jurisdiction may include in
63	63	its consent to the creation of the district any restriction on or
64	64	condition to the consent, including a limitation on the powers of
65	65	the district otherwise granted by this chapter.
66	66	(c) Sections 51.022 through 51.025, Water Code, do not apply
67	67	to the district or the order of the county under Subsection (a)(4).
68	68	Sec. 9037.005. EXTRATERRITORIAL STATUS. All of the land
69	69	included in the district, as approved by the City of Bulverde for
70	70	inclusion in the district, is included in the extraterritorial
71	71	jurisdiction of the City of Bulverde on adoption of the resolution
72	72	or ordinance consenting to the creation of the district by the
73	73	governing body of the City of Bulverde.
74	74	Sec. 9037.006. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
75	75	The district is created to serve a public purpose and benefit.
76	76	(b) The district is created to accomplish the purposes of:
77	77	(1) a water control and improvement district as
78	78	provided by general law and Section 59, Article XVI, Texas
79	79	Constitution, as limited by this chapter, including the disposal of
80	80	waste and control of storm water; and
81	81	(2) Section 52, Article III, Texas Constitution, as
82	82	limited by this chapter, that relate to the construction,
83	83	acquisition, improvement, operation, or maintenance of
84	84	macadamized, graveled, or paved roads, or improvements, including
85	85	storm drainage, in aid of those roads.
86	86	Sec. 9037.007. INITIAL DISTRICT TERRITORY. (a) The
87	87	district is initially composed of the territory described by
88	88	Section 2 of the Act creating this chapter.
89	89	(b) The boundaries and field notes contained in Section 2 of
90	90	the Act creating this chapter form a closure. A mistake made in the
91	91	field notes or in copying the field notes in the legislative process
92	92	does not affect the district's:
93	93	(1) organization, existence, or validity;
94	94	(2) right to issue any type of bond for the purposes
95	95	for which the district is created or to pay the principal of and
96	96	interest on a bond;
97	97	(3) right to impose a tax; or
98	98	(4) legality or operation.
99	99	[Sections 9037.008-9037.050 reserved for expansion]
100	100	SUBCHAPTER B. BOARD OF DIRECTORS
101	101	Sec. 9037.051. GOVERNING BODY; TERMS. (a) The district is
102	102	governed by a board of five elected directors.
103	103	(b) Except as provided by Section 9037.052, directors serve
104	104	staggered four-year terms.
105	105	Sec. 9037.052. TEMPORARY DIRECTORS. (a) The temporary
106	106	board consists of:
107	107	(1) Shannon Miller;
108	108	(2) Jim Leonard;
109	109	(3) David Rittenhouse;
110	110	(4) George Weron; and
111	111	(5) Blaine Lopez.
112	112	(b) Temporary directors serve until the earlier of:
113	113	(1) the date permanent directors are elected under
114	114	Section 9037.003; or
115	115	(2) the fourth anniversary of the effective date of
116	116	the Act creating this chapter.
117	117	(c) If permanent directors have not been elected under
118	118	Section 9037.003 and the terms of the temporary directors have
119	119	expired, successor temporary directors shall be appointed or
120	120	reappointed as provided by Subsection (d) to serve terms that
121	121	expire on the earlier of:
122	122	(1) the date permanent directors are elected under
123	123	Section 9037.003; or
124	124	(2) the fourth anniversary of the date of the
125	125	appointment or reappointment.
126	126	(d) If Subsection (c) applies, the owner or owners of a
127	127	majority of the assessed value of the real property in the district
128	128	may submit a petition to the Texas Commission on Environmental
129	129	Quality requesting that the commission appoint as successor
130	130	temporary directors the five persons named in the petition. The
131	131	commission shall appoint as successor temporary directors the five
132	132	persons named in the petition.
133	133	[Sections 9037.053-9037.100 reserved for expansion]
134	134	SUBCHAPTER C. POWERS AND DUTIES
135	135	Sec. 9037.101. GENERAL POWERS AND DUTIES. The district has
136	136	the powers and duties, as limited by this chapter, necessary to
137	137	accomplish the purposes for which the district is created.
138	138	Sec. 9037.102. WATER CONTROL AND IMPROVEMENT DISTRICT
139	139	POWERS AND DUTIES. The district has the powers and duties provided
140	140	by the general law of this state, including Chapters 49 and 51,
141	141	Water Code, applicable to water control and improvement districts
142	142	created under Section 59, Article XVI, Texas Constitution,
143	143	including the powers and duties that relate to the disposal of waste
144	144	and control of storm water under Section 51.331, Water Code, as
145	145	limited by this chapter.
146	146	Sec. 9037.103. AUTHORITY FOR ROAD PROJECTS. Under Section
147	147	52, Article III, Texas Constitution, as limited by this chapter,
148	148	the district may design, acquire, construct, finance, issue bonds
149	149	for, improve, operate, maintain, and convey to this state, a
150	150	county, or a municipality for operation and maintenance
151	151	macadamized, graveled, or paved roads, or improvements, including
152	152	storm drainage, in aid of those roads.
153	153	Sec. 9037.104. APPROVAL OF ROAD PROJECT. (a) The district
154	154	may not undertake a road project authorized by Section 9037.103
155	155	unless:
156	156	(1) the proposed road project complies with applicable
157	157	municipal or county subdivision ordinances or regulations; or
158	158	(2) the Texas Transportation Commission has approved
159	159	the plans and specifications of the road project, if the state will
160	160	operate and maintain the road.
161	161	(b) Except as provided by Subsection (a), the district is
162	162	not required to obtain approval from the Texas Transportation
163	163	Commission to design, acquire, construct, finance, issue bonds for,
164	164	improve, or convey a road project.
165	165	Sec. 9037.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
166	166	OR RESOLUTION. The district shall comply with all applicable
167	167	requirements of any ordinance or resolution that is adopted under
168	168	Section 42.042 or 42.0425, Local Government Code, and that consents
169	169	to the creation of the district or to the inclusion of land in the
170	170	district.
171	171	Sec. 9037.106. LIMITATION ON USE OF EMINENT DOMAIN. (a) The
172	172	district shall not exercise the power of eminent domain outside the
173	173	district to acquire a site or easement for:
174	174	(1) a road project authorized by Section 9037.103; or
175	175	(2) a recreational facility as defined by Section
176	176	49.462, Water Code.
177	177	(b) The district shall not exercise the power of eminent
178	178	domain outside the boundaries of the district for any purpose
179	179	unless the proposed exercise is approved by a written resolution of
180	180	the commissioners court of each county in which the district is
181	181	located.
182	182	Sec. 9037.107. WATER AND WASTEWATER INFRASTRUCTURE. The
183	183	district may not construct any water or wastewater improvement
184	184	unless the plans and specifications for the improvement have been
185	185	approved by Comal County, the City of Bulverde, and any wholesale
186	186	provider of water or wastewater treatment to the district.
187	187	[Sections 9037.108-9037.150 reserved for expansion]
188	188	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
189	189	Sec. 9037.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
190	190	district may issue, without an election, bonds and other
191	191	obligations secured by:
192	192	(1) revenue other than ad valorem taxes; or
193	193	(2) contract payments described by Section 9037.153.
194	194	(b) The district must hold an election in the manner
195	195	provided by Chapters 49 and 51, Water Code, to obtain voter approval
196	196	before the district may impose an ad valorem tax or issue bonds
197	197	payable from ad valorem taxes.
198	198	(c) The district may not issue bonds payable from ad valorem
199	199	taxes to finance a road project unless the issuance is approved by a
200	200	vote of a two-thirds majority of the district voters voting at an
201	201	election held for that purpose.
202	202	Sec. 9037.152. OPERATION AND MAINTENANCE TAX. (a) If
203	203	authorized at an election held under Section 9037.151, the district
204	204	may impose an operation and maintenance tax on taxable property in
205	205	the district in accordance with Section 49.107, Water Code.
206	206	(b) The board shall determine the tax rate. The rate may not
207	207	exceed the rate approved at the election.
208	208	Sec. 9037.153. CONTRACT TAXES. (a) In accordance with
209	209	Section 49.108, Water Code, the district may impose a tax other than
210	210	an operation and maintenance tax and use the revenue derived from
211	211	the tax to make payments under a contract after the provisions of
212	212	the contract have been approved by a majority of the district voters
213	213	voting at an election held for that purpose.
214	214	(b) A contract approved by the district voters may contain a
215	215	provision stating that the contract may be modified or amended by
216	216	the board without further voter approval.
217	217	[Sections 9037.154-9037.200 reserved for expansion]
218	218	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
219	219	Sec. 9037.201. AUTHORITY TO ISSUE BONDS AND OTHER
220	220	OBLIGATIONS. The district may issue bonds or other obligations
221	221	payable wholly or partly from ad valorem taxes, impact fees,
222	222	revenue, contract payments, grants, or other district money, or any
223	223	combination of those sources, to pay for any authorized district
224	224	purpose.
225	225	Sec. 9037.202. TAXES FOR BONDS. At the time the district
226	226	issues bonds payable wholly or partly from ad valorem taxes, the
227	227	board shall provide for the annual imposition of a continuing
228	228	direct ad valorem tax, without limit as to rate or amount, while all
229	229	or part of the bonds are outstanding as required and in the manner
230	230	provided by Section 51.433, Water Code.
231	231	Sec. 9037.203. BONDS FOR ROAD PROJECTS. At the time of
232	232	issuance, the total principal amount of bonds or other obligations
233	233	issued or incurred to finance road projects and payable from ad
234	234	valorem taxes may not exceed one-fourth of the assessed value of the
235	235	real property in the district.
236	236	SECTION 2. The Comal County Water Control and Improvement
237	237	District No. 6 initially includes all the territory contained in
238	238	the following area:
239	239	FIELD NOTES OF A SURVEY OF 262.464 acres consisting of
240	240	approximately 0.24 acres out of the Christian Hofheinz Survey No.
241	241	845, Abstract 711, approximately 86.87 acres out of the Hugh White
242	242	Survey No. 430, Abstract 658, approximately 83.08 acres out of the
243	243	Heinrich Kabelmacher Survey No. 936, Abstract 842 and approximately
244	244	92.274 acres out of the Mary McVicar Survey No. 238, Abstract 387,
245	245	Comal County, Texas, being a portion of that 277.39-acre tract of
246	246	land described in deed of record in Document No. 200506038360 of the
247	247	Official Public Records of Comal County, Texas and being more
248	248	particularly described by metes and bounds, as surveyed, as
249	249	follows:
250	250	Beginning at an 1/2" iron bar with a Paul T. Carey cap found
251	251	set in the ground in the south right-of-way line of State Hwy. No.
252	252	46, the northeast corner of a 277.39-acre tract of land described in
253	253	deed of record in Document No. 200506038360 of the Official Public
254	254	Records of Comal County, Texas and the northwest corner of a
255	255	37.9291-acre tract of land described as Tract 5 in deed of record in
256	256	Volume 604 at page 294 of the Official Public Records of Comal
257	257	County, Texas, for the northeast corner of this tract;
258	258	Thence S 924'25" W with the east boundary line of said
259	259	277.39-acre tract and the west boundary line of said 37.9291-acre
260	260	tract of land described as Tract 5, a 37.9291-acre tract of land
261	261	described as Tract 6 in deed of record in Volume 604 at page 294 of
262	262	the Official Public Records of Comal County, Texas and a
263	263	37.9291-acre tract of land described as Tract 7 in deed of record in
264	264	Volume 604 at page 294 of the Official Public Records of Comal
265	265	County, Texas in deed of record in Volume 604 at page 294 of the
266	266	Official Public Records of Comal County, Texas a distance of
267	267	4,089.90 feet to an iron bar found set in the ground, the southeast
268	268	corner of said 277.39-acre tract, the southwest corner of said
269	269	37.9291-acre tract of land described as Tract 7 and the northwest
270	270	corner of a 528.84-acre tract of land described in deed of record in
271	271	Volume 107 at page 404 of the Deed Records of Comal County, Texas,
272	272	for the southeast corner of this tract;
273	273	Thence S 8941'40" W with the south boundary line of said
274	274	277.39-acre tract a distance of 2,865.80 feet to a point, for the
275	275	southwest corner of this tract, whence an iron bar found set in the
276	276	ground in the west right-of-way line of Blanco Road, the southwest
277	277	corner of said 277.39-acre tract, bears S 8941'40" W a distance of
278	278	200.03 feet;
279	279	Thence N 039'47" E crossing said 277.39-acre tract 200.00
280	280	feet from and parallel to the east right-of-way line of Blanco Road
281	281	and the west boundary line of said 277.39-acre tract a distance of
282	282	3,257.33 feet to a point in the north boundary line of said
283	283	277.39-acre tract and the south boundary line of a 50.71-acre tract
284	284	of land described in deed of record in Volume 95 at page 155 of the
285	285	Deed Records of Comal County, Texas, for the northwest corner of
286	286	this tract, whence an 1/2" iron bar with a Paul T. Carey cap found
287	287	set in the ground in the west right-of-way line of Blanco Road, the
288	288	northwest corner of said 277.39-acre tract, bears S 8931'30" W a
289	289	distance of 200.04 feet;
290	290	Thence N 8931'30" E with the north boundary line of said
291	291	277.39-acre tract and the south boundary lines of said 50.71-acre
292	292	tract and a 55.97-acre tract of land described in deed of record in
293	293	Volume 95 at page 159 of the Deed Records of Comal County, Texas a
294	294	distance of 1,898.70 feet to an iron bar found set in the ground, a
295	295	reentrant corner of said 277.39-acre tract and the southeast corner
296	296	of said 55.97-acre tract, for a reentrant corner of this tract;
297	297	Thence N 402'58" E with a west boundary line of said
298	298	277.39-acre tract and the east boundary line of said 55.97-acre
299	299	tract a distance of 926.02 feet to an 1/2" iron bar with a Schwartz
300	300	Surveying cap found set in the ground, a corner of said 277.39-acre
301	301	tract and a reentrant corner of said 55.97-acre tract, for a corner
302	302	of this tract;
303	303	Thence S 8119'53" E with a north boundary line of said
304	304	277.39-acre tract and a south boundary line of said 55.97-acre
305	305	tract a distance of 351.44 feet to an 1/2" iron bar with a Schwartz
306	306	Surveying cap found set in the ground, a corner of said 277.39-acre
307	307	tract and a corner of said 55.97-acre tract, for a corner of this
308	308	tract;
309	309	Thence S 8914'50" E with a north boundary line of said
310	310	277.39-acre tract and a south boundary line of said 55.97-acre
311	311	tract a distance of 493.56 feet to an 1/2" iron bar with an orange
312	312	Sinclair and Associates cap set in the ground in the arc of a curve
313	313	having a radius of 1,482.39 feet, the south right-of-way line of
314	314	State Hwy. No. 46, a corner of said 277.39-acre tract and a corner
315	315	of said 55.97-acre tract, for a corner of this tract;
316	316	Thence curve left in a southeasterly direction along the arc
317	317	of said curve having a radius of 1,482.39 feet with the south
318	318	right-of-way line of State Hwy. No. 46 and a north boundary line of
319	319	said 277.39-acre tract, through a central angle of 1758'53", a
320	320	chord bearing and distance of S 7948'28" E - 463.32 feet, a distance
321	321	of 465.22 feet to an 1/2" iron bar with an orange Sinclair and
322	322	Associates cap set in the ground, a corner of said 277.39-acre
323	323	tract, for a corner of this tract;
324	324	Thence S 8847'55" E with the south right-of-way line of State
325	325	Hwy. No. 46 and a north boundary line of said 277.39-acre tract a
326	326	distance of 235.62 feet to the point of beginning.
327	327	Containing 262.464 acres (11,432,924 square feet) of land,
328	328	more or less.
329	329	SECTION 3. (a) The legal notice of the intention to
330	330	introduce this Act, setting forth the general substance of this
331	331	Act, has been published as provided by law, and the notice and a
332	332	copy of this Act have been furnished to all persons, agencies,
333	333	officials, or entities to which they are required to be furnished
334	334	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
335	335	Government Code.
336	336	(b) The governor, one of the required recipients, has
337	337	submitted the notice and Act to the Texas Commission on
338	338	Environmental Quality.
339	339	(c) The Texas Commission on Environmental Quality has filed
340	340	its recommendations relating to this Act with the governor, the
341	341	lieutenant governor, and the speaker of the house of
342	342	representatives within the required time.
343	343	(d) All requirements of the constitution and laws of this
344	344	state and the rules and procedures of the legislature with respect
345	345	to the notice, introduction, and passage of this Act are fulfilled
346	346	and accomplished.
347	347	SECTION 4. This Act takes effect immediately if it receives
348	348	a vote of two-thirds of all the members elected to each house, as
349	349	provided by Section 39, Article III, Texas Constitution. If this
350	350	Act does not receive the vote necessary for immediate effect, this
351	351	Act takes effect September 1, 2009.
352	352	______________________________ ______________________________
353	353	President of the Senate Speaker of the House
354	354	I certify that H.B. No. 4811 was passed by the House on May
355	355	12, 2009, by the following vote: Yeas 149, Nays 0, 1 present, not
356	356	voting.
357	357	______________________________
358	358	Chief Clerk of the House
359	359	I certify that H.B. No. 4811 was passed by the Senate on May
360	360	27, 2009, by the following vote: Yeas 31, Nays 0.
361	361	______________________________
362	362	Secretary of the Senate
363	363	APPROVED: _____________________
364	364	Date
365	365	_____________________
366	366	Governor