By: Wentworth S.B. No. 2539
(In the Senate - Filed April 17, 2009; April 20, 2009, read
first time and referred to Committee on Intergovernmental
Relations; April 28, 2009, rereferred to Committee on Natural
Resources; May 8, 2009, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 7, Nays 0;
May 8, 2009, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 2539 By: Estes
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Comal County Water Control and
Improvement District No. 6; providing authority to impose a tax and
issue bonds; granting a limited power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle I, Title 6, Special District Local Laws
Code, is amended by adding Chapter 9037 to read as follows:
CHAPTER 9037. COMAL COUNTY WATER CONTROL AND IMPROVEMENT
DISTRICT NO. 6
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9037.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Comal County Water Control
and Improvement District No. 6.
Sec. 9037.002. NATURE OF DISTRICT. The district is a water
control and improvement district created under Section 59, Article
XVI, Texas Constitution.
Sec. 9037.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 9037.004. CONSENT REQUIRED. (a) The temporary
directors may not hold an election under Section 9037.003 until:
(1) each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district;
(2) each municipality in whose extraterritorial
jurisdiction the district is located has:
(A) approved and entered into a strategic
partnership agreement with the district under Section 43.0751,
Local Government Code; and
(B) approved and entered into a development
agreement with the owners of land in the district under Section
212.172, Local Government Code;
(3) an agreement that addresses the provision of water
and wastewater treatment to the land in the district has been
approved and entered into by:
(A) each municipality in whose extraterritorial
jurisdiction the district is located;
(B) the commissioners court of each county in
which the district is located;
(C) a retail or wholesale provider of water and
wastewater treatment; and
(D) the owners of land in the district;
(4) the commissioners court of each county in which
the district is located has issued an order making the findings
under Sections 51.021(a)(1), (2), (3), and (4), Water Code; and
(5) the commissioners court of each county in which
the district is located has approved and entered into an agreement
with the district that must include, but is not limited to,
provisions relating to the use of county right-of-way, the
district's exercise of the power of eminent domain outside the
boundaries of the district, drainage serving the land in the
district, platting of land in the district, and the provision of
water and wastewater treatment to the land in the district.
(b) A municipality that contains district territory in its
corporate limits or extraterritorial jurisdiction may include in
its consent to the creation of the district any restriction on or
condition to the consent, including a limitation on the powers of
the district otherwise granted by this chapter.
(c) Sections 51.022-51.025, Water Code, do not apply to the
district or the order of the county under Subsection (a)(4).
Sec. 9037.005. EXTRATERRITORIAL STATUS. All of the land
included in the district, as approved by the City of Bulverde for
inclusion in the district, is included in the extraterritorial
jurisdiction of the City of Bulverde on adoption of the resolution
or ordinance consenting to the creation of the district by the
governing body of the City of Bulverde.
Sec. 9037.006. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a water control and improvement district as
provided by general law and Section 59, Article XVI, Texas
Constitution, as limited by this chapter, including the disposal of
waste and control of storm water; and
(2) Section 52, Article III, Texas Constitution, as
limited by this chapter, that relate to the construction,
acquisition, improvement, operation, or maintenance of
macadamized, graveled, or paved roads, or improvements, including
storm drainage, in aid of those roads.
Sec. 9037.007. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
[Sections 9037.008-9037.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9037.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 9037.052, directors serve
staggered four-year terms.
Sec. 9037.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Shannon Miller;
(2) Jim Leonard;
(3) David Rittenhouse;
(4) George Weron; and
(5) Blaine Lopez.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 9037.003; or
(2) the fourth anniversary of the effective date of
the Act creating this chapter.
(c) If permanent directors have not been elected under
Section 9037.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 9037.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the Texas Commission on Environmental
Quality requesting that the commission appoint as successor
temporary directors the five persons named in the petition. The
commission shall appoint as successor temporary directors the five
persons named in the petition.
[Sections 9037.053-9037.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9037.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties, as limited by this chapter, necessary to
accomplish the purposes for which the district is created.
Sec. 9037.102. WATER CONTROL AND IMPROVEMENT DISTRICT
POWERS AND DUTIES. The district has the powers and duties provided
by the general law of this state, including Chapters 49 and 51,
Water Code, applicable to water control and improvement districts
created under Section 59, Article XVI, Texas Constitution,
including the powers and duties that relate to the disposal of waste
and control of storm water under Section 51.331, Water Code, as
limited by this chapter.
Sec. 9037.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, as limited by this chapter,
the district may design, acquire, construct, finance, issue bonds
for, improve, operate, maintain, and convey to this state, a
county, or a municipality for operation and maintenance
macadamized, graveled, or paved roads, or improvements, including
storm drainage, in aid of those roads.
Sec. 9037.104. APPROVAL OF ROAD PROJECT. (a) The district
may not undertake a road project authorized by Section 9037.103
unless:
(1) the proposed road project complies with applicable
municipal or county subdivision ordinances or regulations; or
(2) the Texas Transportation Commission has approved
the plans and specifications of the road project, if the state will
operate and maintain the road.
(b) Except as provided by Subsection (a), the district is
not required to obtain approval from the Texas Transportation
Commission to design, acquire, construct, finance, issue bonds for,
improve, or convey a road project.
Sec. 9037.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 42.042 or 42.0425, Local Government Code, and that consents
to the creation of the district or to the inclusion of land in the
district.
Sec. 9037.106. LIMITATION ON USE OF EMINENT DOMAIN. (a) The
district shall not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 9037.103; or
(2) a recreational facility as defined by Section
49.462, Water Code.
(b) The district shall not exercise the power of eminent
domain outside the boundaries of the district for any purpose
unless the proposed exercise is approved by a written resolution of
the commissioners court of each county in which the district is
located.
Sec. 9037.107. WATER AND WASTEWATER INFRASTRUCTURE. The
district may not construct any water or wastewater improvement
unless the plans and specifications for the improvement have been
approved by Comal County, the City of Bulverde, and any wholesale
provider of water or wastewater treatment to the district.
[Sections 9037.108-9037.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9037.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 9037.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 51, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 9037.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 9037.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 9037.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
[Sections 9037.154-9037.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 9037.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 9037.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Section 51.433, Water Code.
Sec. 9037.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Comal County Water Control and Improvement
District No. 6 initially includes all the territory contained in
the following area:
FIELD NOTES OF A SURVEY OF 262.464 acres consisting of
approximately 0.24 acres out of the Christian Hofheinz Survey No.
845, Abstract 711, approximately 86.87 acres out of the Hugh White
Survey No. 430, Abstract 658, approximately 83.08 acres out of the
Heinrich Kabelmacher Survey No. 936, Abstract 842 and approximately
92.274 acres out of the Mary McVicar Survey No. 238, Abstract 387,
Comal County, Texas, being a portion of that 277.39-acre tract of
land described in deed of record in Document No. 200506038360 of the
Official Public Records of Comal County, Texas and being more
particularly described by metes and bounds, as surveyed, as
follows:
Beginning at an 1/2" iron bar with a Paul T. Carey cap found
set in the ground in the south right-of-way line of State Hwy. No.
46, the northeast corner of a 277.39-acre tract of land described in
deed of record in Document No. 200506038360 of the Official Public
Records of Comal County, Texas and the northwest corner of a
37.9291-acre tract of land described as Tract 5 in deed of record in
Volume 604 at page 294 of the Official Public Records of Comal
County, Texas, for the northeast corner of this tract;
Thence S 924'25" W with the east boundary line of said
277.39-acre tract and the west boundary line of said 37.9291-acre
tract of land described as Tract 5, a 37.9291-acre tract of land
described as Tract 6 in deed of record in Volume 604 at page 294 of
the Official Public Records of Comal County, Texas and a
37.9291-acre tract of land described as Tract 7 in deed of record in
Volume 604 at page 294 of the Official Public Records of Comal
County, Texas in deed of record in Volume 604 at page 294 of the
Official Public Records of Comal County, Texas a distance of
4,089.90 feet to an iron bar found set in the ground, the southeast
corner of said 277.39-acre tract, the southwest corner of said
37.9291-acre tract of land described as Tract 7 and the northwest
corner of a 528.84-acre tract of land described in deed of record in
Volume 107 at page 404 of the Deed Records of Comal County, Texas,
for the southeast corner of this tract;
Thence S 8941'40" W with the south boundary line of said
277.39-acre tract a distance of 2,865.80 feet to a point, for the
southwest corner of this tract, whence an iron bar found set in the
ground in the west right-of-way line of Blanco Road, the southwest
corner of said 277.39-acre tract, bears S 8941'40" W a distance of
200.03 feet;
Thence N 039'47" E crossing said 277.39-acre tract 200.00
feet from and parallel to the east right-of-way line of Blanco Road
and the west boundary line of said 277.39-acre tract a distance of
3,257.33 feet to a point in the north boundary line of said
277.39-acre tract and the south boundary line of a 50.71-acre tract
of land described in deed of record in Volume 95 at page 155 of the
Deed Records of Comal County, Texas, for the northwest corner of
this tract, whence an 1/2" iron bar with a Paul T. Carey cap found
set in the ground in the west right-of-way line of Blanco Road, the
northwest corner of said 277.39-acre tract, bears S 8931'30" W a
distance of 200.04 feet;
Thence N 8931'30" E with the north boundary line of said
277.39-acre tract and the south boundary lines of said 50.71-acre
tract and a 55.97-acre tract of land described in deed of record in
Volume 95 at page 159 of the Deed Records of Comal County, Texas a
distance of 1,898.70 feet to an iron bar found set in the ground, a
reentrant corner of said 277.39-acre tract and the southeast corner
of said 55.97-acre tract, for a reentrant corner of this tract;
Thence N 402'58" E with a west boundary line of said
277.39-acre tract and the east boundary line of said 55.97-acre
tract a distance of 926.02 feet to an 1/2" iron bar with a Schwartz
Surveying cap found set in the ground, a corner of said 277.39-acre
tract and a reentrant corner of said 55.97-acre tract, for a corner
of this tract;
Thence S 8119'53" E with a north boundary line of said
277.39-acre tract and a south boundary line of said 55.97-acre
tract a distance of 351.44 feet to an 1/2" iron bar with a Schwartz
Surveying cap found set in the ground, a corner of said 277.39-acre
tract and a corner of said 55.97-acre tract, for a corner of this
tract;
Thence S 8914'50" E with a north boundary line of said
277.39-acre tract and a south boundary line of said 55.97-acre
tract a distance of 493.56 feet to an 1/2" iron bar with an orange
Sinclair and Associates cap set in the ground in the arc of a curve
having a radius of 1,482.39 feet, the south right-of-way line of
State Hwy. No. 46, a corner of said 277.39-acre tract and a corner
of said 55.97-acre tract, for a corner of this tract;
Thence curve left in a southeasterly direction along the arc
of said curve having a radius of 1,482.39 feet with the south
right-of-way line of State Hwy. No. 46 and a north boundary line of
said 277.39-acre tract, through a central angle of 1758'53", a
chord bearing and distance of S 7948'28" E - 463.32 feet, a distance
of 465.22 feet to an 1/2" iron bar with an orange Sinclair and
Associates cap set in the ground, a corner of said 277.39-acre
tract, for a corner of this tract;
Thence S 8847'55" E with the south right-of-way line of State
Hwy. No. 46 and a north boundary line of said 277.39-acre tract a
distance of 235.62 feet to the point of beginning.
Containing 262.464 acres (11,432,924 square feet) of land,
more or less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
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