Texas 2009 - 81st Regular

Texas Senate Bill SB1073 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R6259 SGA-F
2	2	By: Hegar S.B. No. 1073
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. 14; providing authority to impose a tax and issue
9	9	bonds; 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 8351 to read as follows:
13	13	CHAPTER 8351. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 14
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8351.001. 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. 14.
20	20	Sec. 8351.002. 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. 8351.003. 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. 8351.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
28	28	The district is created to serve a public purpose and benefit.
29	29	(b) The district is created to accomplish the purposes of:
30	30	(1) a municipal utility district as provided by
31	31	general law and Section 59, Article XVI, Texas Constitution; and
32	32	(2) Section 52, Article III, Texas Constitution, that
33	33	relate to the construction, acquisition, or improvement of
34	34	macadamized, graveled, or paved roads described by Section 54.234,
35	35	Water Code, or improvements, including storm drainage, in aid of
36	36	those roads.
37	37	Sec. 8351.005. INITIAL DISTRICT TERRITORY. (a) The
38	38	district is initially composed of the territory described by
39	39	Section 2 of the Act creating this chapter.
40	40	(b) The boundaries and field notes contained in Section 2 of
41	41	the Act creating this chapter form a closure. A mistake made in the
42	42	field notes or in copying the field notes in the legislative process
43	43	does not affect the district's:
44	44	(1) organization, existence, or validity;
45	45	(2) right to issue any type of bond for the purposes
46	46	for which the district is created or to pay the principal of and
47	47	interest on a bond;
48	48	(3) right to impose a tax; or
49	49	(4) legality or operation.
50	50	[Sections 8351.006-8351.050 reserved for expansion]
51	51	SUBCHAPTER B. BOARD OF DIRECTORS
52	52	Sec. 8351.051. GOVERNING BODY; TERMS. (a) The district is
53	53	governed by a board of five elected directors.
54	54	(b) Except as provided by Section 8351.052, directors serve
55	55	staggered four-year terms.
56	56	Sec. 8351.052. TEMPORARY DIRECTORS. (a) On or after the
57	57	effective date of the Act creating this chapter, the owner or owners
58	58	of a majority of the assessed value of the real property in the
59	59	district may submit a petition to the Texas Commission on
60	60	Environmental Quality requesting that the commission appoint as
61	61	temporary directors the five persons named in the petition. The
62	62	commission shall appoint as temporary directors the five persons
63	63	named in the petition.
64	64	(b) Temporary directors serve until the earlier of:
65	65	(1) the date permanent directors are elected under
66	66	Section 8351.003; or
67	67	(2) the fourth anniversary of the effective date of
68	68	the Act creating this chapter.
69	69	(c) If permanent directors have not been elected under
70	70	Section 8351.003 and the terms of the temporary directors have
71	71	expired, successor temporary directors shall be appointed or
72	72	reappointed as provided by Subsection (d) to serve terms that
73	73	expire on the earlier of:
74	74	(1) the date permanent directors are elected under
75	75	Section 8351.003; or
76	76	(2) the fourth anniversary of the date of the
77	77	appointment or reappointment.
78	78	(d) If Subsection (c) applies, the owner or owners of a
79	79	majority of the assessed value of the real property in the district
80	80	may submit a petition to the commission requesting that the
81	81	commission appoint as successor temporary directors the five
82	82	persons named in the petition. The commission shall appoint as
83	83	successor temporary directors the five persons named in the
84	84	petition.
85	85	[Sections 8351.053-8351.100 reserved for expansion]
86	86	SUBCHAPTER C. POWERS AND DUTIES
87	87	Sec. 8351.101. GENERAL POWERS AND DUTIES. The district has
88	88	the powers and duties necessary to accomplish the purposes for
89	89	which the district is created.
90	90	Sec. 8351.102. MUNICIPAL UTILITY DISTRICT POWERS AND
91	91	DUTIES. The district has the powers and duties provided by the
92	92	general law of this state, including Chapters 49 and 54, Water Code,
93	93	applicable to municipal utility districts created under Section 59,
94	94	Article XVI, Texas Constitution.
95	95	Sec. 8351.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
96	96	Section 52, Article III, Texas Constitution, the district may
97	97	design, acquire, construct, finance, issue bonds for, improve, and
98	98	convey to this state, a county, or a municipality for operation and
99	99	maintenance macadamized, graveled, or paved roads described by
100	100	Section 54.234, Water Code, or improvements, including storm
101	101	drainage, in aid of those roads.
102	102	(b) The district may exercise the powers provided by this
103	103	section without submitting a petition to or obtaining approval from
104	104	the Texas Commission on Environmental Quality as required by
105	105	Section 54.234, Water Code.
106	106	Sec. 8351.104. APPROVAL OF ROAD PROJECT. (a) The district
107	107	may not undertake a road project authorized by Section 8351.103
108	108	unless:
109	109	(1) each municipality or county that will operate and
110	110	maintain the road has approved the plans and specifications of the
111	111	road project, if a municipality or county will operate and maintain
112	112	the road; or
113	113	(2) the Texas Transportation Commission has approved
114	114	the plans and specifications of the road project, if the state will
115	115	operate and maintain the road.
116	116	(b) Except as provided by Subsection (a), the district is
117	117	not required to obtain approval from the Texas Transportation
118	118	Commission to design, acquire, construct, finance, issue bonds for,
119	119	improve, or convey a road project.
120	120	Sec. 8351.105. LIMITATION ON USE OF EMINENT DOMAIN. The
121	121	district may not exercise the power of eminent domain outside the
122	122	district to acquire a site or easement for:
123	123	(1) a road project authorized by Section 8351.103; or
124	124	(2) a recreational facility as defined by Section
125	125	49.462, Water Code.
126	126	[Sections 8351.106-8351.150 reserved for expansion]
127	127	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
128	128	Sec. 8351.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
129	129	district may issue, without an election, bonds and other
130	130	obligations secured by:
131	131	(1) revenue other than ad valorem taxes; or
132	132	(2) contract payments described by Section 8351.153.
133	133	(b) The district must hold an election in the manner
134	134	provided by Chapters 49 and 54, Water Code, to obtain voter approval
135	135	before the district may impose an ad valorem tax or issue bonds
136	136	payable from ad valorem taxes.
137	137	(c) The district may not issue bonds payable from ad valorem
138	138	taxes to finance a road project unless the issuance is approved by a
139	139	vote of a two-thirds majority of the district voters voting at an
140	140	election held for that purpose.
141	141	Sec. 8351.152. OPERATION AND MAINTENANCE TAX. (a) If
142	142	authorized at an election held under Section 8351.151, the district
143	143	may impose an operation and maintenance tax on taxable property in
144	144	the district in accordance with Section 49.107, Water Code.
145	145	(b) The board shall determine the tax rate. The rate may not
146	146	exceed the rate approved at the election.
147	147	Sec. 8351.153. CONTRACT TAXES. (a) In accordance with
148	148	Section 49.108, Water Code, the district may impose a tax other than
149	149	an operation and maintenance tax and use the revenue derived from
150	150	the tax to make payments under a contract after the provisions of
151	151	the contract have been approved by a majority of the district voters
152	152	voting at an election held for that purpose.
153	153	(b) A contract approved by the district voters may contain a
154	154	provision stating that the contract may be modified or amended by
155	155	the board without further voter approval.
156	156	[Sections 8351.154-8351.200 reserved for expansion]
157	157	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
158	158	Sec. 8351.201. AUTHORITY TO ISSUE BONDS AND OTHER
159	159	OBLIGATIONS. The district may issue bonds or other obligations
160	160	payable wholly or partly from ad valorem taxes, impact fees,
161	161	revenue, contract payments, grants, or other district money, or any
162	162	combination of those sources, to pay for any authorized district
163	163	purpose.
164	164	Sec. 8351.202. TAXES FOR BONDS. At the time the district
165	165	issues bonds payable wholly or partly from ad valorem taxes, the
166	166	board shall provide for the annual imposition of a continuing
167	167	direct ad valorem tax, without limit as to rate or amount, while all
168	168	or part of the bonds are outstanding as required and in the manner
169	169	provided by Sections 54.601 and 54.602, Water Code.
170	170	Sec. 8351.203. BONDS FOR ROAD PROJECTS. At the time of
171	171	issuance, the total principal amount of bonds or other obligations
172	172	issued or incurred to finance road projects and payable from ad
173	173	valorem taxes may not exceed one-fourth of the assessed value of the
174	174	real property in the district.
175	175	SECTION 2. The Waller County Municipal Utility District No.
176	176	14 initially includes all the territory contained in the following
177	177	area:
178	178	Being 1064.491 acres of land located in the Nathan Brookshire
179	179	League, Abstract 16 and the William Cooper League, Abstract 20,
180	180	Waller County, Texas, more particularly being all of that certain
181	181	called 1.9030 acre tract conveyed to NBI Properties, Inc., by
182	182	instrument of record in Volume 1110, Page 389, Official Public
183	183	Records, of said Waller County (W.C.O.P.R.), being all of that
184	184	certain called 121.983 acre tract conveyed to NBI Properties, Inc.,
185	185	by instrument of record in Volume 0998, Page 700, W.C.O.P.R., being
186	186	a portion of that certain called 477.895 acre tract conveyed to NBI
187	187	Properties, Inc., by instruments of record in Volume 0998, Page
188	188	753, W.C.O.P.R., and File No. 2006146687, F.B.C.O.P.R., and being
189	189	a portion of that certain called 993.533 acre tract conveyed to NBI
190	190	Properties, Inc., by instrument of record in Volume 0989, Page 154,
191	191	W.C.O.P.R., said 1064.491 acres being more particularly described
192	192	by metes and bounds as follows (all bearings are assumed);
193	193	BEGINNING at the southwest corner of said 1.9030 acre tract,
194	194	same being on the common survey line of said William Cooper League
195	195	and the Randolph Foster League, Abstract 27, and on the easterly
196	196	right-of-way line of F.M. 1489, the beginning of a curve whose
197	197	center bears North 41 27' 49" West;
198	198	Thence, with the westerly line of said 1.9030, 121.983 and
199	199	477.895 acre tracts and the easterly line of said F.M. 1489, the
200	200	following eight (8) courses:
201	201	1) 118.81 feet along the arc of a curve to the left, having a
202	202	radius of 326.48 feet, a central angle of 20 51' 00" and a chord
203	203	which bears North 38 06' 41" East (called North 40 17' 02" East),
204	204	118.15 feet to a point for corner, the beginning of a curve;
205	205	2) 333.71 feet along the arc of a non-tangent curve to the
206	206	left, having a radius of 517.46 feet, a central angle of 36 57' 00"
207	207	and a chord which bears North 21 18' 03" East, 327.96 feet to a
208	208	point for corner, the beginning of a curve;
209	209	3) 418.49 feet along the arc of a non-tangent curve to the
210	210	left, having a radius of 326.48 feet, a central angle of 73 26' 33"
211	211	and a chord which bears North 18 39' 12" West, 390.42 feet to a
212	212	point for corner, the beginning of a curve;
213	213	4) 184.69 feet along the arc of a non-tangent curve to the
214	214	left, having a radius of 517.46 feet, a central angle of 20 26' 59"
215	215	and a chord which bears North 51 02' 24" West, 183.71 feet to a
216	216	point for corner;
217	217	5) North 61 15' 54" West, 156.01 feet to a point for corner,
218	218	the beginning of a curve;
219	219	6) 59.91 feet along the arc of a tangent curve to the right,
220	220	having a radius of 676.20 feet, a central angle of 05 04' 35" and a
221	221	chord which bears North 58 43' 37" West, 59.89 feet to a point for
222	222	corner, the beginning of a curve;
223	223	7) 292.26 feet along the arc of a non-tangent curve to the
224	224	right, having a radius of 687.23 feet, a central angle of 24 41' 58"
225	225	and a chord that bears North 42 44' 35" West, 293.97 feet to a point
226	226	for corner;
227	227	8) North 30 23' 37" West, 741.98 feet to the northwest
228	228	corner of said 477.895 acre tract, same being the southwest corner
229	229	of said 993.533 acre tract;
230	230	Thence, with the common line of said 993.533 acre tract and
231	231	said F.M. 1489, the following thirty-two (32) courses:
232	232	1) North 26 40' 36" West (called North 24 31' 01" West),
233	233	234.01 feet to a point for corner;
234	234	2) North 26 47' 33" West, 139.17 feet to a point for corner;
235	235	3) North 18 23' 52" West, 144.17 feet to a point for corner;
236	236	4) North 04 55' 11" West, 148.56 feet to a point for corner;
237	237	5) North 06 29' 21" East, 154.86 feet to a point for corner;
238	238	6) North 20 57' 59" East, 181.75 feet to a point for corner;
239	239	7) North 27 29' 41" East, 320.27 feet to a point for corner;
240	240	8) North 24 38' 10" East, 170.11 feet to a point for corner;
241	241	9) North 23 26' 48" East, 360.62 feet to a point for corner;
242	242	10) North 13 06' 57" East, 45.92 feet to a point for corner;
243	243	11) North 19 18' 25" East, 219.10 feet to a point for
244	244	corner;
245	245	12) North 10 45' 21" East, 77.16 feet to a point for corner;
246	246	13) North 10 44' 48" East, 217.41 feet to a point for
247	247	corner;
248	248	14) North 10 13' 04" East, 167.66 feet to a point for
249	249	corner;
250	250	15) North 17 33' 30" West, 245.38 feet to a point for
251	251	corner;
252	252	16) North 17 44' 43" West, 234.77 feet to a point for
253	253	corner;
254	254	17) North 17 57' 38" West, 260.85 feet to a point for
255	255	corner;
256	256	18) North 28 49' 48" West, 240.40 feet to a point for
257	257	corner;
258	258	19) North 28 51' 56" West, 246.74 feet to a point for
259	259	corner;
260	260	20) North 24 07' 44" West, 89.42 feet to a point for corner;
261	261	21) North 12 57' 32" West, 101.02 feet to a point for
262	262	corner;
263	263	22) North 00 51' 04" East, 119.18 feet to a point for
264	264	corner;
265	265	23) North 12 39' 21" East, 99.21 feet to a point for corner;
266	266	24) North 25 40' 31" East, 103.11 feet to a point for
267	267	corner;
268	268	25) North 38 02' 39" East, 110.88 feet to a point for
269	269	corner;
270	270	26) North 50 23' 53" East, 96.05 feet to a point for corner;
271	271	27) North 62 06' 26" East, 105.29 feet to a point for
272	272	corner;
273	273	28) North 74 01' 50" East, 103.53 feet to a point for
274	274	corner;
275	275	29) North 89 55' 40" East, 128.14 feet to a point for
276	276	corner;
277	277	30) North 88 31' 17" East, 474.84 feet to a point for
278	278	corner;
279	279	31) North 89 13' 26" East, 739.56 feet to a point for
280	280	corner;
281	281	32) North 88 53' 17" East, 435.66 feet to a point for
282	282	corner;
283	283	Thence, leaving said common line, South 43 14' 43" East,
284	284	446.58 feet to a point for corner;
285	285	Thence, South 52 46' 49" East, 498.65 feet to a point for
286	286	corner;
287	287	Thence, South 60 55' 23" East, 328.56 feet to a point for
288	288	corner;
289	289	Thence, South 68 43' 05" East, 369.58 feet to a point for
290	290	corner;
291	291	Thence, South 76 13' 11" East, 287.55 feet to a point for
292	292	corner;
293	293	Thence, South 83 20' 19" East, 446.74 feet to a point for
294	294	corner;
295	295	Thence, South 61 25' 51" East, 759.48 feet to a point for
296	296	corner;
297	297	Thence, South 79 09' 30" East, 795.06 feet to a point for
298	298	corner;
299	299	Thence, South 48 39' 08" East, 572.36 feet to a point for
300	300	corner;
301	301	Thence, South 56 39' 11" East, 556.76 feet to a point for
302	302	corner;
303	303	Thence, South 74 53' 27" East, 692.70 feet to a point for
304	304	corner;
305	305	Thence, South 87 06' 33" East, 692.70 feet to a point for
306	306	corner;
307	307	Thence, North 88 26' 51" East, 1870.11 feet to a point for
308	308	corner on the east line of the aforementioned 993.533 acre tract;
309	309	Thence, with the east line of said 993.533 acre tract, South
310	310	05 39' 36" West, 520.09 feet to a point for corner on the common
311	311	survey line of said Nathan Brookshire League and said William
312	312	Cooper League;
313	313	Thence, continuing with said east and said common survey
314	314	line, South 01 46' 55" East (called South 00 22' 41" East), 484.08
315	315	feet the common east corner of said 993.533 acre tract and the
316	316	aforementioned 477.895 acre tract;
317	317	Thence, continuing with said common survey line and the east
318	318	line of said 477.895 acre tract, South 01 51' 10" East, 716.22 feet
319	319	to a point for corner;
320	320	Thence, continuing with said common survey line and said east
321	321	line, South 02 47' 12" East, 560.51 feet to a reentrant corner of
322	322	said 477.895 acre tract;
323	323	Thence, leaving said common survey line and said east line
324	324	and with a north line of said 477.895 acre tract, the following four
325	325	(4) courses:
326	326	1) North 87 06' 35" East, 1052.17 feet to a point for
327	327	corner;
328	328	2) North 87 01' 23" East, 1326.59 feet to a point for
329	329	corner;
330	330	3) North 06 23' 38" West, 1527.81 feet to a point for
331	331	corner;
332	332	4) North 01 56' 44" West, 715.60 feet to the northeast
333	333	corner of said 477.895 acre tract, same being on the westerly
334	334	right-of-way line of F.M. 359 (called 100 feet wide), the beginning
335	335	of a curve;
336	336	Thence, with the common line of said 477.895 acre tract and
337	337	said F.M. 359, 27.62 feet along the arc of a non-tangent curve to
338	338	the right, having a radius of 2860.16 feet, a central angle of 00
339	339	33' 12" and a chord which bears South 37 47' 13" East, 27.62 feet to
340	340	a point for corner;
341	341	Thence, continuing with said common line, South 35 56' 20"
342	342	East, 2232.18 feet to a point for corner on the common line of said
343	343	Waller County and Fort Bend County;
344	344	Thence, with said common county line, South 64 45' 09" West,
345	345	3822.58 feet to a point for corner on the south line of said 477.895
346	346	acre tract, same being the southeast corner of the aforementioned
347	347	William Cooper League;
348	348	Thence, with the south line of said 477.895 acre tract and the
349	349	south line of said William Cooper League and said common county
350	350	line, South 87 42' 18" West, 3541.24 feet to a point for corner;
351	351	Thence, continuing with said south line, said south survey
352	352	line and said common county line, South 87 38' 07" West, at 1191.63
353	353	feet pass the southeast corner of the aforementioned 121.983 acre
354	354	tract and continuing with the south line of said 121.983 acre tract,
355	355	said south survey line and said common county line, in all a total
356	356	distance of 2979.71 feet to a point for corner;
357	357	Thence, leaving said common county line and continuing with
358	358	said south line and said south survey line, South 87 44' 38" West,
359	359	1562.25 feet to the east corner of the aforementioned 1.9030 acre
360	360	tract;
361	361	Thence, continuing with the south line of said 1.9030 acre
362	362	tract and said south survey line, South 87 49' 39" West (called
363	363	West), 827.66 feet to the POINT OF BEGINNING and containing
364	364	1064.491 acres of land.
365	365	SECTION 3. (a) The legal notice of the intention to
366	366	introduce this Act, setting forth the general substance of this
367	367	Act, has been published as provided by law, and the notice and a
368	368	copy of this Act have been furnished to all persons, agencies,
369	369	officials, or entities to which they are required to be furnished
370	370	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
371	371	Government Code.
372	372	(b) The governor, one of the required recipients, has
373	373	submitted the notice and Act to the Texas Commission on
374	374	Environmental Quality.
375	375	(c) The Texas Commission on Environmental Quality has filed
376	376	its recommendations relating to this Act with the governor, the
377	377	lieutenant governor, and the speaker of the house of
378	378	representatives within the required time.
379	379	(d) All requirements of the constitution and laws of this
380	380	state and the rules and procedures of the legislature with respect
381	381	to the notice, introduction, and passage of this Act are fulfilled
382	382	and accomplished.
383	383	SECTION 4. This Act takes effect immediately if it receives
384	384	a vote of two-thirds of all the members elected to each house, as
385	385	provided by Section 39, Article III, Texas Constitution. If this
386	386	Act does not receive the vote necessary for immediate effect, this
387	387	Act takes effect September 1, 2009.