Texas 2009 - 81st Regular

Texas Senate Bill SB1074 Compare Versions

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

Old	New	Differences
1	1	81R6258 SGA-F
2	2	By: Hegar S.B. No. 1074
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. 15; 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 8346 to read as follows:
13	13	CHAPTER 8346. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 15
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8346.001. 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. 15.
20	20	Sec. 8346.002. 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. 8346.003. 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. 8346.004. 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. 8346.005. 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 8346.006-8346.050 reserved for expansion]
51	51	SUBCHAPTER B. BOARD OF DIRECTORS
52	52	Sec. 8346.051. 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 8346.052, directors serve
55	55	staggered four-year terms.
56	56	Sec. 8346.052. 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 8346.003; 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 8346.003 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 8346.003; 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 8346.053-8346.100 reserved for expansion]
86	86	SUBCHAPTER C. POWERS AND DUTIES
87	87	Sec. 8346.101. 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. 8346.102. 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. 8346.103. 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. 8346.104. APPROVAL OF ROAD PROJECT. (a) The district
107	107	may not undertake a road project authorized by Section 8346.103
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. 8346.105. 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 8346.103; or
124	124	(2) a recreational facility as defined by Section
125	125	49.462, Water Code.
126	126	[Sections 8346.106-8346.150 reserved for expansion]
127	127	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
128	128	Sec. 8346.151. 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 8346.153.
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. 8346.152. OPERATION AND MAINTENANCE TAX. (a) If
142	142	authorized at an election held under Section 8346.151, 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. 8346.153. 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 8346.154-8346.200 reserved for expansion]
157	157	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
158	158	Sec. 8346.201. 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. 8346.202. 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. 8346.203. 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	15 initially includes all the territory contained in the following
177	177	area:
178	178	Being 564.883 acres of land located in the Randolph Foster
179	179	League, Abstract 27, Waller County, Texas, more particularly being
180	180	a portion of that certain called 672.719 acre tract conveyed to NBI
181	181	Properties, Inc., by instruments of record in Volume 1005, Page
182	182	102, Official Public Records, of said Waller County (W.C.O.P.R.)
183	183	and File No. 2006149078, Official Public Records, of Fort Bend
184	184	County (F.B.C.O.P.R.), and being a portion of that certain called
185	185	152.516 acre tract conveyed to NBI Properties, Inc., by instruments
186	186	of record in Volume 1005, Page 037, W.C.O.P.R., and File No.
187	187	2006149075, F.B.C.O.P.R., said 564.883 acres being more
188	188	particularly described by metes and bounds as follows (all bearings
189	189	are assumed);
190	190	BEGINNING at the northeast corner of said 672.719 acre tract,
191	191	same being the northeast corner of said Randolph Foster League, the
192	192	northwest corner of the Nathan Brookshire League, Abstract 14, and
193	193	on the common line of said Waller County and Fort Bend County;
194	194	Thence, with the east line of said 672.719 acre tract, the
195	195	east line of said Randolph Foster League and said common county
196	196	line, South 03 52' 13" East (South 03 51' 32" East), 1455.68 feet to
197	197	a point for corner;
198	198	Thence, leaving the east line of said 672.719 acre tract and
199	199	continuing with the east line of said Randolph Foster League and
200	200	said common county line, South 02 07' 05" East, 2948.28 feet to a
201	201	point for corner, an angle point in said county line;
202	202	Thence, continuing with said county line, South 87 55' 15"
203	203	West, 5634.05 feet to a point for corner on the common line of said
204	204	672.719 acre tract and F.M. 1489 (called 80 feet wide);
205	205	Thence, with the common line of said 672.719 acre tract and
206	206	said F.M. 1489, the following twelve (12) courses:
207	207	1) North 02 21' 59" West (called North 02 22' 01" West),
208	208	1567.51 feet to a point for corner;
209	209	2) North 01 45' 59" West, 1141.30 feet to a point for
210	210	corner, the beginning of a curve;
211	211	3) 336.74 feet along the arc of a tangent curve to the left,
212	212	having a radius of 5730.88 feet, a central angle of 03 22' 00" and a
213	213	chord which bears North 03 26' 59" West, 336.69 feet to a point for
214	214	corner;
215	215	4) North 05 07' 59" West, 544.03 feet to a point for corner;
216	216	5) North 04 07' 59" West, 262.85 feet to a point for corner,
217	217	the beginning of a curve;
218	218	6) 780.21 feet along the arc of a tangent curve to the right,
219	219	having a radius of 485.91 feet, a central angle of 91 59' 53" and a
220	220	chord which bears North 41 51' 55" East, 699.06 feet to a point for
221	221	corner;
222	222	7) North 87 51' 48" East, 1977.02 feet to a point for
223	223	corner, the beginning of a curve;
224	224	8) 220.50 feet along the arc of a non-tangent curve to the
225	225	right, having a radius of 2824.79 feet, a central angle of 04 28'
226	226	21" and a chord which bears South 88 43' 35" East, 220.45 feet to a
227	227	point for corner;
228	228	9) South 86 29' 24" East, 204.78 feet to a point for corner,
229	229	the beginning of a curve;
230	230	10) 86.45 feet along the arc of a tangent curve to the left,
231	231	having a radius of 517.46 feet, a central angle of 09 34' 20" and a
232	232	chord which bears North 88 43' 26" East, 86.35 feet to a point for
233	233	corner;
234	234	11) South 86 29' 20" East, 28.01 feet to a point for corner,
235	235	the beginning of a curve;
236	236	12) 263.52 feet along the arc of a tangent curve to the left,
237	237	having a radius of 326.48 feet, a central angle of 46 14' 48" and a
238	238	chord which bears North 70 23' 17" East, 256.43 feet to a point for
239	239	corner on the common survey line of said Randolph Foster League,
240	240	Abstract 27 (Waller County) and the William Cooper League, Abstract
241	241	20;
242	242	Thence with the north line of said 672.719 acre tract and said
243	243	common survey line, North 87 49' 39" East, 827.66 feet to a point
244	244	for corner;
245	245	Thence, continuing with said north line and said common
246	246	survey line, North 87 44' 38" East, 1562.25 feet to the POINT OF
247	247	BEGINNING and containing 564.883 acres of land.
248	248	SECTION 3. (a) The legal notice of the intention to
249	249	introduce this Act, setting forth the general substance of this
250	250	Act, has been published as provided by law, and the notice and a
251	251	copy of this Act have been furnished to all persons, agencies,
252	252	officials, or entities to which they are required to be furnished
253	253	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
254	254	Government Code.
255	255	(b) The governor, one of the required recipients, has
256	256	submitted the notice and Act to the Texas Commission on
257	257	Environmental Quality.
258	258	(c) The Texas Commission on Environmental Quality has filed
259	259	its recommendations relating to this Act with the governor, the
260	260	lieutenant governor, and the speaker of the house of
261	261	representatives within the required time.
262	262	(d) All requirements of the constitution and laws of this
263	263	state and the rules and procedures of the legislature with respect
264	264	to the notice, introduction, and passage of this Act are fulfilled
265	265	and accomplished.
266	266	SECTION 4. This Act takes effect immediately if it receives
267	267	a vote of two-thirds of all the members elected to each house, as
268	268	provided by Section 39, Article III, Texas Constitution. If this
269	269	Act does not receive the vote necessary for immediate effect, this
270	270	Act takes effect September 1, 2009.