Texas 2009 - 81st Regular

Texas House Bill HB593 Compare Versions

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1	1	81R4475 SLB-D
2	2	By: Zerwas H.B. No. 593
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Waller County Municipal Utility
8	8	District No. 9; 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 8304 to read as follows:
13	13	CHAPTER 8304. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 9
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8304.001. 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 Waller County Municipal
19	19	Utility District No. 9.
20	20	Sec. 8304.002. 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. 8304.003. 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. 8304.004. CONSENT OF MUNICIPALITY REQUIRED. The
28	28	temporary directors may not hold an election under Section 8304.003
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. 8304.005. 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, improvement, operation,
40	40	or maintenance of macadamized, graveled, or paved roads, or
41	41	improvements, including storm drainage, in aid of those roads.
42	42	Sec. 8304.006. INITIAL DISTRICT TERRITORY. (a) The
43	43	district is initially composed of the territory described by
44	44	Section 2 of the Act creating this chapter.
45	45	(b) The boundaries and field notes contained in Section 2 of
46	46	the Act creating this chapter form a closure. A mistake made in the
47	47	field notes or in copying the field notes in the legislative process
48	48	does not affect the district's:
49	49	(1) organization, existence, or validity;
50	50	(2) right to issue any type of bond for the purposes
51	51	for which the district is created or to pay the principal of and
52	52	interest on a bond;
53	53	(3) right to impose a tax; or
54	54	(4) legality or operation.
55	55	[Sections 8304.007-8304.050 reserved for expansion]
56	56	SUBCHAPTER B. BOARD OF DIRECTORS
57	57	Sec. 8304.051. GOVERNING BODY; TERMS. (a) The district is
58	58	governed by a board of five elected directors.
59	59	(b) Except as provided by Section 8304.052, directors serve
60	60	staggered four-year terms.
61	61	Sec. 8304.052. TEMPORARY DIRECTORS. (a) On or after the
62	62	effective date of the Act creating this chapter, the owner or owners
63	63	of a majority of the assessed value of the real property in the
64	64	district may submit a petition to the Texas Commission on
65	65	Environmental Quality requesting that the commission appoint as
66	66	temporary directors the five persons named in the petition. The
67	67	commission shall appoint as temporary directors the five persons
68	68	named in the petition.
69	69	(b) Temporary directors serve until the earlier of:
70	70	(1) the date permanent directors are elected under
71	71	Section 8304.003; 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 8304.003 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 8304.003; 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 commission requesting that the
86	86	commission appoint as successor temporary directors the five
87	87	persons named in the petition. The commission shall appoint as
88	88	successor temporary directors the five persons named in the
89	89	petition.
90	90	[Sections 8304.053-8304.100 reserved for expansion]
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 8304.101. 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. 8304.102. 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. 8304.103. AUTHORITY FOR ROAD PROJECTS. Under Section
101	101	52, Article III, Texas Constitution, the district may design,
102	102	acquire, construct, finance, issue bonds for, improve, operate,
103	103	maintain, and convey to this state, a county, or a municipality for
104	104	operation and maintenance macadamized, graveled, or paved roads, or
105	105	improvements, including storm drainage, in aid of those roads.
106	106	Sec. 8304.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
107	107	project must meet all applicable construction standards, zoning and
108	108	subdivision requirements, and regulations of each municipality in
109	109	whose corporate limits or extraterritorial jurisdiction the road
110	110	project is located.
111	111	(b) If a road project is not located in the corporate limits
112	112	or extraterritorial jurisdiction of a municipality, the road
113	113	project must meet all applicable construction standards,
114	114	subdivision requirements, and regulations of each county in which
115	115	the road project is located.
116	116	(c) If the state will maintain and operate the road, the
117	117	Texas Transportation Commission must approve the plans and
118	118	specifications of the road project.
119	119	Sec. 8304.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
120	120	OR RESOLUTION. The district shall comply with all applicable
121	121	requirements of any ordinance or resolution that is adopted under
122	122	Section 54.016 or 54.0165, Water Code, and that consents to the
123	123	creation of the district or to the inclusion of land in the
124	124	district.
125	125	Sec. 8304.106. LIMITATION ON USE OF EMINENT DOMAIN. The
126	126	district may not exercise the power of eminent domain outside the
127	127	district to acquire a site or easement for:
128	128	(1) a road project authorized by Section 8304.103; or
129	129	(2) a recreational facility as defined by Section
130	130	49.462, Water Code.
131	131	Sec. 8304.107. DIVISION OF DISTRICT. (a) The district may
132	132	be divided into two or more new districts only if the district:
133	133	(1) has no outstanding bonded debt; and
134	134	(2) is not imposing ad valorem taxes.
135	135	(b) This chapter applies to any new district created by the
136	136	division of the district, and a new district has all the powers and
137	137	duties of the district.
138	138	(c) Any new district created by the division of the district
139	139	may not, at the time the new district is created, contain any land
140	140	outside the area described by Section 2 of the Act creating this
141	141	chapter.
142	142	(d) The board, on its own motion or on receipt of a petition
143	143	signed by the owner or owners of a majority of the assessed value of
144	144	the real property in the district, may adopt an order dividing the
145	145	district.
146	146	(e) The board may adopt an order dividing the district
147	147	before or after the date the board holds an election under Section
148	148	8304.003 to confirm the district's creation.
149	149	(f) An order dividing the district shall:
150	150	(1) name each new district;
151	151	(2) include the metes and bounds description of the
152	152	territory of each new district;
153	153	(3) appoint temporary directors for each new district;
154	154	and
155	155	(4) provide for the division of assets and liabilities
156	156	between or among the new districts.
157	157	(g) On or before the 30th day after the date of adoption of
158	158	an order dividing the district, the district shall file the order
159	159	with the Texas Commission on Environmental Quality and record the
160	160	order in the real property records of each county in which the
161	161	district is located.
162	162	(h) Any new district created by the division of the district
163	163	shall hold a confirmation and directors' election as required by
164	164	Section 8304.003.
165	165	(i) Municipal consent to the creation of the district and to
166	166	the inclusion of land in the district granted under Section
167	167	8304.004 acts as municipal consent to the creation of any new
168	168	district created by the division of the district and to the
169	169	inclusion of land in the new district.
170	170	(j) Any new district created by the division of the district
171	171	must hold an election as required by this chapter to obtain voter
172	172	approval before the district may impose a maintenance tax or issue
173	173	bonds payable wholly or partly from ad valorem taxes.
174	174	[Sections 8304.108-8304.150 reserved for expansion]
175	175	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
176	176	Sec. 8304.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
177	177	district may issue, without an election, bonds and other
178	178	obligations secured by:
179	179	(1) revenue other than ad valorem taxes; or
180	180	(2) contract payments described by Section 8304.153.
181	181	(b) The district must hold an election in the manner
182	182	provided by Chapters 49 and 54, Water Code, to obtain voter approval
183	183	before the district may impose an ad valorem tax or issue bonds
184	184	payable from ad valorem taxes.
185	185	(c) The district may not issue bonds payable from ad valorem
186	186	taxes to finance a road project unless the issuance is approved by a
187	187	vote of a two-thirds majority of the district voters voting at an
188	188	election held for that purpose.
189	189	Sec. 8304.152. OPERATION AND MAINTENANCE TAX. (a) If
190	190	authorized at an election held under Section 8304.151, the district
191	191	may impose an operation and maintenance tax on taxable property in
192	192	the district in accordance with Section 49.107, Water Code.
193	193	(b) The board shall determine the tax rate. The rate may not
194	194	exceed the rate approved at the election.
195	195	Sec. 8304.153. CONTRACT TAXES. (a) In accordance with
196	196	Section 49.108, Water Code, the district may impose a tax other than
197	197	an operation and maintenance tax and use the revenue derived from
198	198	the tax to make payments under a contract after the provisions of
199	199	the contract have been approved by a majority of the district voters
200	200	voting at an election held for that purpose.
201	201	(b) A contract approved by the district voters may contain a
202	202	provision stating that the contract may be modified or amended by
203	203	the board without further voter approval.
204	204	[Sections 8304.154-8304.200 reserved for expansion]
205	205	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
206	206	Sec. 8304.201. AUTHORITY TO ISSUE BONDS AND OTHER
207	207	OBLIGATIONS. The district may issue bonds or other obligations
208	208	payable wholly or partly from ad valorem taxes, impact fees,
209	209	revenue, contract payments, grants, or other district money, or any
210	210	combination of those sources, to pay for any authorized district
211	211	purpose.
212	212	Sec. 8304.202. TAXES FOR BONDS. At the time the district
213	213	issues bonds payable wholly or partly from ad valorem taxes, the
214	214	board shall provide for the annual imposition of a continuing
215	215	direct ad valorem tax, without limit as to rate or amount, while all
216	216	or part of the bonds are outstanding as required and in the manner
217	217	provided by Sections 54.601 and 54.602, Water Code.
218	218	Sec. 8304.203. BONDS FOR ROAD PROJECTS. At the time of
219	219	issuance, the total principal amount of bonds or other obligations
220	220	issued or incurred to finance road projects and payable from ad
221	221	valorem taxes may not exceed one-fourth of the assessed value of the
222	222	real property in the district.
223	223	SECTION 2. The Waller County Municipal Utility District No.
224	224	9 initially includes all the territory contained in the following
225	225	area:
226	226	BEING a 883.8 acre tract of land situated in the Fred Eule Survey,
227	227	Section 114, Abstract No. 374 and the H.&T.C. R.R. Co. Survey,
228	228	Section 111, Abstract No. 172 of Waller County, Texas and being all
229	229	of a called 562.636 acre tract of land conveyed to Katy 884 Partner,
230	230	Ltd. as recorded in Volume 1077, Page 592 of the Waller County Deed
231	231	Records (W.C.D.R.), all of a called 106.590 acre tract of land
232	232	conveyed to Katy 884 Partner, Ltd. as recorded in Volume 1077, Page
233	233	685 W.C.D.R., all of a called 107.332 acre tract of land conveyed to
234	234	Katy 884 Partner, Ltd. as recorded in Volume 1077, Page 675 W.C.D.R.
235	235	and all of a called 107.257 acre tract of land conveyed to Katy 884
236	236	Partner, Ltd. as recorded in Volume 1077, Page 608 W.C.D.R., said
237	237	883.8 acres described as follows:
238	238	BEGINNING at a point for the southwest corner of said 562.636 acre
239	239	tract, the northwest corner of a called 0.9738 acre tract as
240	240	recorded in Volume 686, Page 15 W.C.D.R., lying in the east
241	241	right-of-way line of F.M. 2855 (100 feet wide), lying in the south
242	242	line of said Fred Eule Survey, Sect. 114, A-374 and the north line
243	243	of said and the H.&T.C. R.R. Co. Survey, Sect. 111, A-172, also
244	244	being the most westerly southwest corner of the herein described
245	245	tract and lying in the centerline of Beckendorf Road (unimproved);
246	246	THENCE, with the east right-of-way line of said F.M. 2855 and the
247	247	west line of said 562.636 acre tract the following courses and
248	248	distances
249	249	N 0205'10" W, 1507.93 feet to a point for a corner of the
250	250	herein described tract;
251	251	N 0113'56" W, 331.24 feet to a point for a corner of the
252	252	herein described tract;
253	253	N 0021'14" W, 213.88 feet to a point for a corner of the
254	254	herein described tract;
255	255	N 0041'02" W, 348.01 feet to a point for a corner of the
256	256	herein described tract;
257	257	N 0219'54" W, 251.32 feet to a point for a corner of the
258	258	herein described tract;
259	259	N 0249'45" W, 451.99 feet to a point for a corner of the
260	260	herein described tract;
261	261	N 0412'11" W, 104.06 feet to a point for a corner of the
262	262	herein described tract;
263	263	N 0327'43" W, 447.87 feet to a point for a corner of the
264	264	herein described tract;
265	265	N 0205'22" W, 384.85 feet to a point for the southwest corner
266	266	of a called 8.603 acre tract as recorded in Volume 583, Page
267	267	225 W.C.D.R.;
268	268	THENCE N 8741'09" E, 436.33 feet with the south line of said 8.603
269	269	acre tract to a point for the southeast corner of said 8.603 acre
270	270	tract and an interior corner of said 562.636 acre tract;
271	271	THENCE N 0157'59" W, 1177.95 feet with the east line of said 8.603
272	272	acre tract and the east line of a called 11.76 acre tract as
273	273	recorded in Volume 432, Page 449 W.C.D.R. to a point for the
274	274	northeast corner of said 11.76 acre tract and the common most
275	275	northwesterly corner of said 562.636 and the herein described
276	276	tract, also lying in the south right-of-way line of F.M. 529 (120
277	277	feet wide);
278	278	THENCE N 8758'24" E, 469.07 feet with the north line of said 562.636
279	279	acre tract and the south right-of-way line of said F.M. 529 to a
280	280	point for the northwest corner of a called 20.000 acre tract as
281	281	recorded in Volume 917, Page 270 W.C.D.R.;
282	282	THENCE S 0200'00" E, 1181.11 feet with the west line of said 20.000
283	283	acre tract to a point for the southwest corner of said 20.000 acre
284	284	tract and an interior corner of the herein described tract;
285	285	THENCE N 8800'36" E, 1922.94 feet with the south line of said 20.000
286	286	acre tract, a called 7.408 acre tract as recorded in Volume 954,
287	287	Page 389 W.C.D.R., a called 13.695 acre tract as recorded in Volume
288	288	931, Page 404 W.C.D.R. and a second called 13.695 acre tract as
289	289	recorded in Volume 779, Page 874 W.C.D.R. to a point for the
290	290	southeast corner of the second mentioned 13.695 acre tract;
291	291	THENCE N 0200'00" W, 1181.11 feet with the east line of the second
292	292	mentioned 13.695 acre tract to a point for the northeast corner of
293	293	the second mentioned 13.695 acre tract and lying in the south
294	294	right-of-way line of said F.M. 529;
295	295	THENCE N 8802'44" E, 2394.91 feet with the north line of said
296	296	562.636 acre tract and the south right-of-way line of said F.M. 529
297	297	to a point for the northwest corner of a called 160 acre tract as
298	298	recorded in Volume 788, Page 891 W.C.D.R., lying in the east line of
299	299	said Fred Eule Survey, Sec. 114, A-374, lying in the west line of
300	300	said H.&T.C. R.R. Co. Survey, Sect. 119, A-200 and being the common
301	301	northeast corner of said 562.636 acre tract and the herein
302	302	described tract;
303	303	THENCE S 0215'31" E, 5222.03 feet with the east line of said 562.636
304	304	acre tract, the west line of said 160 acre tract and a second called
305	305	160 acre tract as recorded in Volume 995, Page 457 W.C.D.R. and
306	306	being the common line of said Fred Eule Survey, Sect. 114, A-374 and
307	307	H.&T.C. R.R. Co. Survey, Sect. 119, A-200 to a point for the common
308	308	northwest corner of a called 15.000 acre tract as recorded in Volume
309	309	387, Page 62 W.C.D.R. and Fred Eule Survey, Sect. 120, A-375, the
310	310	common northeast corner of said 107.257 acre tract and said H.&T.C.
311	311	R.R. Co. Survey, Sect. 111, A-172 and lying in the centerline of
312	312	said Beckendorf Road;
313	313	THENCE S 0204'50" E, 5271.15 feet with the common east line of said
314	314	107.257 acre tract and said H.&T.C. R.R. Co. Survey, Sect. 111,
315	315	A-172, the west line of said Fred Eule Survey, Section 120, Abstract
316	316	No. 375 to a point for the southwest corner of a called 53.83 acre
317	317	tract as recorded in Volume 474, Page 314 W.C.D.R., lying in the
318	318	south line of said Fred Eule Survey, Sect. 120, A-375, lying in the
319	319	common north line of the H.&T.C. R.R. Co. Survey, Sect. 121, A-201
320	320	and a called 281.50 acre tract as recorded in Volume 420, Page 766
321	321	W.C.D.R., also being the common southeast corner of said H.&T.C.
322	322	R.R. Co. Survey, Sect. 111, A-172 and the herein described tract;
323	323	THENCE S 8753'22" W, 2655.75 feet with the south line of said
324	324	H.&T.C. R.R. Co. Survey, Sect. 111, A-172, said 107.257 acre tract,
325	325	said 107.332 acre tract, said 106.590 acre tract, the north line of
326	326	said H.&T.C. R.R. Co. Survey, Sec. 121, A-No. 201 and the Fred Eule
327	327	Survey, Sect. 112, A-373 to a point for the southeast corner of a
328	328	called 5.0 acre tract as recorded in Volume 287, Page 806 W.C.D.R.,
329	329	the southwest corner of said 106.590 acre tract and the most
330	330	southerly southwest corner of the herein described tract;
331	331	THENCE N 0159'57" W, 5279.82 feet with the west line of said 106.590
332	332	acre tract to a point for the northeast corner of a called 15 acre
333	333	tract as recorded in Volume 226, Page 16 W.C.D.R., the northwest
334	334	corner of said 106.590 acre tract and lying in the north line of
335	335	said H.&T.C. R.R. Co. Survey, Sec. 111, A-No. 172 and the common
336	336	south line of said Fred Eule Survey, Sect. 114, A-374 and said
337	337	562.636 acre tract also being the centerline of said Beckendorf
338	338	Road;
339	339	THENCE S 8759'15" W, 2591.53 feet with the common south line of said
340	340	Fred Eule Survey, Sect. 114, A-374 and said 562.636 acre tract, the
341	341	north line of said H.&T.C. R.R. Co. Survey, Sect. 111, A-172 and the
342	342	centerline of said Beckendorf Road to the POINT OF BEGINNING and
343	343	containing 883.8 acres of land.
344	344	SECTION 3. (a) The legal notice of the intention to
345	345	introduce this Act, setting forth the general substance of this
346	346	Act, has been published as provided by law, and the notice and a
347	347	copy of this Act have been furnished to all persons, agencies,
348	348	officials, or entities to which they are required to be furnished
349	349	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
350	350	Government Code.
351	351	(b) The governor, one of the required recipients, has
352	352	submitted the notice and Act to the Texas Commission on
353	353	Environmental Quality.
354	354	(c) The Texas Commission on Environmental Quality has filed
355	355	its recommendations relating to this Act with the governor, the
356	356	lieutenant governor, and the speaker of the house of
357	357	representatives within the required time.
358	358	(d) All requirements of the constitution and laws of this
359	359	state and the rules and procedures of the legislature with respect
360	360	to the notice, introduction, and passage of this Act are fulfilled
361	361	and accomplished.
362	362	SECTION 4. This Act takes effect immediately if it receives
363	363	a vote of two-thirds of all the members elected to each house, as
364	364	provided by Section 39, Article III, Texas Constitution. If this
365	365	Act does not receive the vote necessary for immediate effect, this
366	366	Act takes effect September 1, 2009.