Texas 2009 - 81st Regular

Texas Senate Bill SB2524 Compare Versions

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1	1	S.B. No. 2524
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Liberty County Municipal Utility
6	6	District No. 6; providing authority to impose a tax and issue bonds;
7	7	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 F, Title 6, Special District Local Laws
10	10	Code, is amended by adding Chapter 8367 to read as follows:
11	11	CHAPTER 8367. LIBERTY COUNTY MUNICIPAL UTILITY DISTRICT NO. 6
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 8367.001. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the district's board of directors.
15	15	(2) "Director" means a board member.
16	16	(3) "District" means the Liberty County Municipal
17	17	Utility District No. 6.
18	18	Sec. 8367.002. NATURE OF DISTRICT. The district is a
19	19	municipal utility district created under Section 59, Article XVI,
20	20	Texas Constitution.
21	21	Sec. 8367.003. CONFIRMATION AND DIRECTORS' ELECTION
22	22	REQUIRED. The temporary directors shall hold an election to
23	23	confirm the creation of the district and to elect five permanent
24	24	directors as provided by Section 49.102, Water Code.
25	25	Sec. 8367.004. CONSENT OF MUNICIPALITY REQUIRED. The
26	26	temporary directors may not hold an election under Section 8367.003
27	27	until each municipality in whose corporate limits or
28	28	extraterritorial jurisdiction the district is located has
29	29	consented by ordinance or resolution to the creation of the
30	30	district and to the inclusion of land in the district.
31	31	Sec. 8367.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
32	32	(a) The district is created to serve a public purpose and benefit.
33	33	(b) The district is created to accomplish the purposes of:
34	34	(1) a municipal utility district as provided by
35	35	general law and Section 59, Article XVI, Texas Constitution; and
36	36	(2) Section 52, Article III, Texas Constitution, that
37	37	relate to the construction, acquisition, or improvement of
38	38	macadamized, graveled, or paved roads described by Section 54.234,
39	39	Water Code, or improvements, including storm drainage, in aid of
40	40	those roads.
41	41	Sec. 8367.006. INITIAL DISTRICT TERRITORY. (a) The
42	42	district is initially composed of the territory described by
43	43	Section 2 of the Act creating this chapter.
44	44	(b) The boundaries and field notes contained in Section 2 of
45	45	the Act creating this chapter form a closure. A mistake made in the
46	46	field notes or in copying the field notes in the legislative process
47	47	does not affect the district's:
48	48	(1) organization, existence, or validity;
49	49	(2) right to issue any type of bond for the purposes
50	50	for which the district is created or to pay the principal of and
51	51	interest on a bond;
52	52	(3) right to impose a tax; or
53	53	(4) legality or operation.
54	54	[Sections 8367.007-8367.050 reserved for expansion]
55	55	SUBCHAPTER B. BOARD OF DIRECTORS
56	56	Sec. 8367.051. GOVERNING BODY; TERMS. (a) The district is
57	57	governed by a board of five elected directors.
58	58	(b) Except as provided by Section 8367.052, directors serve
59	59	staggered four-year terms.
60	60	Sec. 8367.052. TEMPORARY DIRECTORS. (a) The temporary
61	61	board consists of:
62	62	(1) Mark Froehlich;
63	63	(2) Cynthia Gage;
64	64	(3) Greg Parker;
65	65	(4) Jeremy Newsom; and
66	66	(5) Cindy Leslie.
67	67	(b) Temporary directors serve until the earlier of:
68	68	(1) the date permanent directors are elected under
69	69	Section 8367.003; or
70	70	(2) the fourth anniversary of the effective date of
71	71	the Act creating this chapter.
72	72	(c) If permanent directors have not been elected under
73	73	Section 8367.003 and the terms of the temporary directors have
74	74	expired, successor temporary directors shall be appointed or
75	75	reappointed as provided by Subsection (d) to serve terms that
76	76	expire on the earlier of:
77	77	(1) the date permanent directors are elected under
78	78	Section 8367.003; or
79	79	(2) the fourth anniversary of the date of the
80	80	appointment or reappointment.
81	81	(d) If Subsection (c) applies, the owner or owners of a
82	82	majority of the assessed value of the real property in the district
83	83	may submit a petition to the Texas Commission on Environmental
84	84	Quality requesting that the commission appoint as successor
85	85	temporary directors the five persons named in the petition. The
86	86	commission shall appoint as successor temporary directors the five
87	87	persons named in the petition.
88	88	[Sections 8367.053-8367.100 reserved for expansion]
89	89	SUBCHAPTER C. POWERS AND DUTIES
90	90	Sec. 8367.101. GENERAL POWERS AND DUTIES. The district has
91	91	the powers and duties necessary to accomplish the purposes for
92	92	which the district is created.
93	93	Sec. 8367.102. MUNICIPAL UTILITY DISTRICT POWERS AND
94	94	DUTIES. The district has the powers and duties provided by the
95	95	general law of this state, including Chapters 49 and 54, Water Code,
96	96	applicable to municipal utility districts created under Section 59,
97	97	Article XVI, Texas Constitution.
98	98	Sec. 8367.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
99	99	Section 52, Article III, Texas Constitution, the district may
100	100	design, acquire, construct, finance, issue bonds for, improve, and
101	101	convey to this state, a county, or a municipality for operation and
102	102	maintenance macadamized, graveled, or paved roads described by
103	103	Section 54.234, Water Code, or improvements, including storm
104	104	drainage, in aid of those roads.
105	105	(b) The district may exercise the powers provided by this
106	106	section without submitting a petition to or obtaining approval from
107	107	the Texas Commission on Environmental Quality as required by
108	108	Section 54.234, Water Code.
109	109	Sec. 8367.104. APPROVAL OF ROAD PROJECT. (a) The district
110	110	may not undertake a road project authorized by Section 8367.103
111	111	unless:
112	112	(1) each municipality or county that will operate and
113	113	maintain the road has approved the plans and specifications of the
114	114	road project, if a municipality or county will operate and maintain
115	115	the road; or
116	116	(2) the Texas Transportation Commission has approved
117	117	the plans and specifications of the road project, if the state will
118	118	operate and maintain the road.
119	119	(b) Except as provided by Subsection (a), the district is
120	120	not required to obtain approval from the Texas Transportation
121	121	Commission to design, acquire, construct, finance, issue bonds for,
122	122	improve, or convey a road project.
123	123	Sec. 8367.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
124	124	OR RESOLUTION. The district shall comply with all applicable
125	125	requirements of any ordinance or resolution that is adopted under
126	126	Section 54.016 or 54.0165, Water Code, and that consents to the
127	127	creation of the district or to the inclusion of land in the
128	128	district.
129	129	Sec. 8367.106. LIMITATION ON USE OF EMINENT DOMAIN. The
130	130	district may not exercise the power of eminent domain outside the
131	131	district to acquire a site or easement for:
132	132	(1) a road project authorized by Section 8367.103; or
133	133	(2) a recreational facility as defined by Section
134	134	49.462, Water Code.
135	135	Sec. 8367.107. DIVISION OF DISTRICT. (a) The district may
136	136	be divided into two or more new districts only if the district:
137	137	(1) has no outstanding bonded debt; and
138	138	(2) is not imposing ad valorem taxes.
139	139	(b) This chapter applies to any new district created by the
140	140	division of the district, and a new district has all the powers and
141	141	duties of the district.
142	142	(c) Any new district created by the division of the district
143	143	may not, at the time the new district is created, contain any land
144	144	outside the area described by Section 2 of the Act creating this
145	145	chapter.
146	146	(d) The board, on its own motion or on receipt of a petition
147	147	signed by the owner or owners of a majority of the assessed value of
148	148	the real property in the district, may adopt an order dividing the
149	149	district.
150	150	(e) The board may adopt an order dividing the district
151	151	before or after the date the board holds an election under Section
152	152	8367.003 to confirm the district's creation.
153	153	(f) An order dividing the district:
154	154	(1) shall:
155	155	(A) name each new district;
156	156	(B) include the metes and bounds of each new
157	157	district;
158	158	(C) appoint temporary directors for each new
159	159	district, or provide that the owner or owners of a majority of the
160	160	assessed value of the real property in each new district may submit
161	161	a petition to the Texas Commission on Environmental Quality
162	162	requesting that the commission appoint as temporary directors the
163	163	five persons named in the petition; and
164	164	(D) provide for the division of assets and
165	165	liabilities between or among the new districts; and
166	166	(2) is subject to a confirmation election in each new
167	167	district.
168	168	(g) On or before the 30th day after the date of adoption of
169	169	an order dividing the district, the district shall file the order
170	170	with the Texas Commission on Environmental Quality and record the
171	171	order in the real property records of each county in which the
172	172	district is located.
173	173	(h) Any new district created by the division of the district
174	174	shall hold a confirmation and directors' election as required by
175	175	Section 8367.003. The results of that election must be filed as
176	176	required by Sections 49.102(e) and (f), Water Code. If the voters
177	177	of a new district do not confirm the creation of the new district,
178	178	the assets, liabilities, territory, and governance of the new
179	179	district revert to the original district.
180	180	(i) Municipal consent to the creation of the district and to
181	181	the inclusion of land in the district granted under Section
182	182	8367.004 acts as municipal consent to the creation of any new
183	183	district created by the division of the district and to the
184	184	inclusion of land in the new district.
185	185	(j) Any new district created by the division of the district
186	186	must hold an election as required by this chapter to obtain voter
187	187	approval before the district may impose a maintenance tax or issue
188	188	bonds payable wholly or partly from ad valorem taxes.
189	189	[Sections 8367.108-8367.150 reserved for expansion]
190	190	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
191	191	Sec. 8367.151. ELECTIONS REGARDING TAXES OR BONDS.
192	192	(a) The district may issue, without an election, bonds and other
193	193	obligations secured by:
194	194	(1) revenue other than ad valorem taxes; or
195	195	(2) contract payments described by Section 8367.153.
196	196	(b) The district must hold an election in the manner
197	197	provided by Chapters 49 and 54, Water Code, to obtain voter approval
198	198	before the district may impose an ad valorem tax or issue bonds
199	199	payable from ad valorem taxes.
200	200	(c) The district may not issue bonds payable from ad valorem
201	201	taxes to finance a road project unless the issuance is approved by a
202	202	vote of a two-thirds majority of the district voters voting at an
203	203	election held for that purpose.
204	204	Sec. 8367.152. OPERATION AND MAINTENANCE TAX. (a) If
205	205	authorized at an election held under Section 8367.151, the district
206	206	may impose an operation and maintenance tax on taxable property in
207	207	the district in accordance with Section 49.107, Water Code.
208	208	(b) The board shall determine the tax rate. The rate may not
209	209	exceed the rate approved at the election.
210	210	Sec. 8367.153. CONTRACT TAXES. (a) In accordance with
211	211	Section 49.108, Water Code, the district may impose a tax other than
212	212	an operation and maintenance tax and use the revenue derived from
213	213	the tax to make payments under a contract after the provisions of
214	214	the contract have been approved by a majority of the district voters
215	215	voting at an election held for that purpose.
216	216	(b) A contract approved by the district voters may contain a
217	217	provision stating that the contract may be modified or amended by
218	218	the board without further voter approval.
219	219	[Sections 8367.154-8367.200 reserved for expansion]
220	220	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
221	221	Sec. 8367.201. AUTHORITY TO ISSUE BONDS AND OTHER
222	222	OBLIGATIONS. The district may issue bonds or other obligations
223	223	payable wholly or partly from ad valorem taxes, impact fees,
224	224	revenue, contract payments, grants, or other district money, or any
225	225	combination of those sources, to pay for any authorized district
226	226	purpose.
227	227	Sec. 8367.202. TAXES FOR BONDS. At the time the district
228	228	issues bonds payable wholly or partly from ad valorem taxes, the
229	229	board shall provide for the annual imposition of a continuing
230	230	direct ad valorem tax, without limit as to rate or amount, while all
231	231	or part of the bonds are outstanding as required and in the manner
232	232	provided by Sections 54.601 and 54.602, Water Code.
233	233	Sec. 8367.203. BONDS FOR ROAD PROJECTS. At the time of
234	234	issuance, the total principal amount of bonds or other obligations
235	235	issued or incurred to finance road projects and payable from ad
236	236	valorem taxes may not exceed one-fourth of the assessed value of the
237	237	real property in the district.
238	238	SECTION 2. The Liberty County Municipal Utility District
239	239	No. 6 initially includes all the territory contained in the
240	240	following area:
241	241	BEING A 1,393.8 ACRE TRACT OF LAND SITUATED IN THE MARY
242	242	MAGRUDER SURVEY, ABSTRACT 311, LIBERTY COUNTY, TEXAS, BEING OUT OF
243	243	THAT CALLED 3,696.8474 ACRE TRACT DESCRIBED IN DEED TO FORESTAR
244	244	(USA) REAL ESTATE GROUP INC. RECORDED UNDER FILE NUMBER 20070657801
245	245	OF THE HARRIS COUNTY DEED RECORDS AND FILE NUMBER 2007014954 OF THE
246	246	LIBERTY COUNTY DEED RECORDS, SAID 1,393.8 ACRE TRACT BEING MORE
247	247	PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (BEARINGS
248	248	BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, AS
249	249	DETERMINED BY GPS MEASUREMENTS):
250	250	BEGINNING AT A FOUND CONCRETE MONUMENT WITH BRASS DISK
251	251	STAMPED 'L7' FOR THE NORTHEAST CORNER OF THE CALLED 3,696.8474 ACRE
252	252	TRACT, THE NORTHEAST CORNER OF SAID MARY MAGRUDER SURVEY, A-311,
253	253	THE SOUTHEAST CORNER OF THE H.T.&B.R.R. NO. 13 1/2 SURVEY, A-635,
254	254	THE SOUTHWEST CORNER OF THE W. MCWILKINSON SURVEY, A-317, AND THE
255	255	NORTHWEST CORNER OF THE H.B. WITHAM SURVEY, A-395, FROM WHICH FOUND
256	256	A 1-1/2-INCH AXLE BEARS SOUTH 85 WEST, 0.6 FEET;
257	257	THENCE SOUTH 0130'36" EAST, 5,337.88 FEET, ALONG THE COMMON
258	258	LINE BETWEEN SAID MARY MAGRUDER SURVEY, ABSTRACT 311, AND SAID H.B.
259	259	WITHAM SURVEY, ABSTRACT 395 TO A BROKEN CONCRETE MONUMENT FOUND ON
260	260	THE NORTH LINE OF THE E. KING SURVEY, ABSTRACT 57, AND MARKING THE
261	261	SOUTHWEST CORNER OF SAID H.B. WITHAM SURVEY, ABSTRACT 395, THE
262	262	SOUTHEAST CORNER OF THE MARY MAGRUDER SURVEY, ABSTRACT 311, AND THE
263	263	MOST EASTERLY SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT, FROM
264	264	WHICH A 18-INCH PINE TREE BEARS SOUTH 30 WEST, 17.8 FEET AND A
265	265	36-INCH OAK BEARS NORTH 18 EAST, 29.3 FEET;
266	266	THENCE SOUTH 8634'11" WEST, WITH THE NORTH LINE OF SAID E.
267	267	KING SURVEY, ABSTRACT 57, 10.33 FEET, TO A BROKEN CONCRETE MONUMENT
268	268	FOUND FOR AN ANGLE POINT IN THE EASTERLY SOUTH LINE OF THE HEREIN
269	269	DESCRIBED TRACT, FROM WHICH A FOUND AXLE BEARS SOUTH 2451' EAST,
270	270	1.2 FEET;
271	271	THENCE SOUTH 8814'17" WEST, WITH THE COMMON LINE BETWEEN SAID
272	272	MARY MAGRUDER SURVEY, ABSTRACT 311 AND SAID E. KING SURVEY,
273	273	ABSTRACT 57, 2,602.14 FEET TO A CONCRETE MONUMENT FOUND FOR AN ANGLE
274	274	POINT IN THE EASTERLY SOUTH LINE OF THE HEREIN DESCRIBED TRACT, FROM
275	275	WHICH A FOUND AXLE BEARS SOUTH 5349' WEST, 1.1 FEET;
276	276	THENCE SOUTH 8810'22" WEST, WITH THE COMMON LINE BETWEEN SAID
277	277	MARY MAGRUDER SURVEY, ABSTRACT 311 AND SAID E. KING SURVEY,
278	278	ABSTRACT 57, 8,068.22 FEET TO THE SOUTHWESTERLY CORNER OF THE
279	279	HEREIN DESCRIBED TRACT BEING IN THE COMMON LINE BETWEEN HARRIS
280	280	COUNTY AND LIBERTY COUNTY;
281	281	THENCE NORTH 2011'08" WEST, WITH THE COMMON LINE BETWEEN
282	282	HARRIS COUNTY AND LIBERTY COUNTY, 5,390.36 FEET TO THE
283	283	NORTHWESTERLY CORNER OF THE HEREIN DESCRIBED TRACT BEING IN A
284	284	NORTHERLY LINE OF THE AFOREMENTIONED 3,696.8474 ACRE TRACT;
285	285	THENCE NORTH 8736'01" EAST, WITH THE NORTHERLY LINE OF SAID
286	286	3,696.8474 ACRE TRACT, 3,373.86 FEET TO A 1/2-INCH IRON ROD FOUND
287	287	FOR CORNER;
288	288	THENCE NORTH 0223'59" WEST, CONTINUING ALONG THE NORTHERLY
289	289	LINE OF SAID 3,696.8474 ACRE TRACT, 100.00 FEET TO A CALCULATED
290	290	CORNER FROM WHICH A 1/2-INCH IRON ROD FOUND BEARS N0W, 0.2 FEET AND
291	291	A 1/2-INCH IRON ROD FOUND BEARS N12W, 6.7 FEET, BEING ON THE NORTH
292	292	LINE OF THE MARY MAGRUDER SURVEY, ABSTRACT 311 AND THE W.R. SEARCY
293	293	NO. 14 1/2 SURVEY, ABSTRACT 792, LIBERTY COUNTY, TEXAS;
294	294	THENCE NORTH 8737'52" EAST, ALONG THE NORTH LINE OF THE MARY
295	295	MAGRUDER SURVEY, ABSTRACT 311 AND GENERALLY WITH THE SOUTH LINE OF
296	296	THE W.R. SEARCY NO. 14 1/2, ABSTRACT 792, AND THE SOUTH LINE OF SAID
297	297	H.T. & B. R.R. NO. 13 1/2 SURVEY, ABSTRACT 635, A DISTANCE OF
298	298	9,035.70 FEET TO THE POINT OF BEGINNING AND CONTAINING 1,393.8
299	299	ACRES OF LAND.
300	300	SECTION 3. (a) The legal notice of the intention to
301	301	introduce this Act, setting forth the general substance of this
302	302	Act, has been published as provided by law, and the notice and a
303	303	copy of this Act have been furnished to all persons, agencies,
304	304	officials, or entities to which they are required to be furnished
305	305	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
306	306	Government Code.
307	307	(b) The governor, one of the required recipients, has
308	308	submitted the notice and Act to the Texas Commission on
309	309	Environmental Quality.
310	310	(c) The Texas Commission on Environmental Quality has filed
311	311	its recommendations relating to this Act with the governor, the
312	312	lieutenant governor, and the speaker of the house of
313	313	representatives within the required time.
314	314	(d) All requirements of the constitution and laws of this
315	315	state and the rules and procedures of the legislature with respect
316	316	to the notice, introduction, and passage of this Act are fulfilled
317	317	and accomplished.
318	318	SECTION 4. This Act takes effect immediately if it receives
319	319	a vote of two-thirds of all the members elected to each house, as
320	320	provided by Section 39, Article III, Texas Constitution. If this
321	321	Act does not receive the vote necessary for immediate effect, this
322	322	Act takes effect September 1, 2009.
323	323	______________________________ ______________________________
324	324	President of the Senate Speaker of the House
325	325	I hereby certify that S.B. No. 2524 passed the Senate on
326	326	May 12, 2009, by the following vote: Yeas 31, Nays 0.
327	327	______________________________
328	328	Secretary of the Senate
329	329	I hereby certify that S.B. No. 2524 passed the House on
330	330	May 27, 2009, by the following vote: Yeas 148, Nays 0, one
331	331	present not voting.
332	332	______________________________
333	333	Chief Clerk of the House
334	334	Approved:
335	335	______________________________
336	336	Date
337	337	______________________________
338	338	Governor