Texas 2013 - 83rd Regular

Texas Senate Bill SB609 Compare Versions

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1	1	By: Hegar S.B. No. 609
2	2	(Bell)
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. 17; 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 8441 to read as follows:
13	13	CHAPTER 8441. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 17
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8441.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(3) "Director" means a board member.
20	20	(4) "District" means the Waller County Municipal
21	21	Utility District No. 17.
22	22	Sec. 8441.002. NATURE OF DISTRICT. The district is a
23	23	municipal utility district created under Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 8441.003. CONFIRMATION AND DIRECTORS' ELECTION
26	26	REQUIRED. The temporary directors shall hold an election to
27	27	confirm the creation of the district and to elect five permanent
28	28	directors as provided by Section 49.102, Water Code.
29	29	Sec. 8441.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section 8441.003
31	31	until each municipality in whose corporate limits or
32	32	extraterritorial jurisdiction the district is located has
33	33	consented by ordinance or resolution to the creation of the
34	34	district and to the inclusion of land in the district.
35	35	Sec. 8441.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	36	(a) The district is created to serve a public purpose and benefit.
37	37	(b) The district is created to accomplish the purposes of:
38	38	(1) a municipal utility district as provided by
39	39	general law and Section 59, Article XVI, Texas Constitution; and
40	40	(2) Section 52, Article III, Texas Constitution, that
41	41	relate to the construction, acquisition, improvement, operation,
42	42	or maintenance of macadamized, graveled, or paved roads, or
43	43	improvements, including storm drainage, in aid of those roads.
44	44	Sec. 8441.006. INITIAL DISTRICT TERRITORY. (a) The
45	45	district is initially composed of the territory described by
46	46	Section 2 of the Act enacting this chapter.
47	47	(b) The boundaries and field notes contained in Section 2 of
48	48	the Act enacting this chapter form a closure. A mistake made in the
49	49	field notes or in copying the field notes in the legislative process
50	50	does not affect the district's:
51	51	(1) organization, existence, or validity;
52	52	(2) right to issue any type of bond for the purposes
53	53	for which the district is created or to pay the principal of and
54	54	interest on a bond;
55	55	(3) right to impose a tax; or
56	56	(4) legality or operation.
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 8441.051. GOVERNING BODY; TERMS. (a) The district is
59	59	governed by a board of five elected directors.
60	60	(b) Except as provided by Section 8441.052, directors serve
61	61	staggered four-year terms.
62	62	Sec. 8441.052. TEMPORARY DIRECTORS. (a) On or after the
63	63	effective date of the Act enacting this chapter, the owner or owners
64	64	of a majority of the assessed value of the real property in the
65	65	district may submit a petition to the commission requesting that
66	66	the commission appoint as temporary directors the five persons
67	67	named in the petition. The commission shall appoint as temporary
68	68	directors the five persons 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 8441.003; or
72	72	(2) the fourth anniversary of the effective date of
73	73	the Act enacting this chapter.
74	74	(c) If permanent directors have not been elected under
75	75	Section 8441.003 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 8441.003; 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	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 8441.101. GENERAL POWERS AND DUTIES. The district has
92	92	the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 8441.102. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 8441.103. AUTHORITY FOR ROAD PROJECTS. Under Section
100	100	52, Article III, Texas Constitution, the district may design,
101	101	acquire, construct, finance, issue bonds for, improve, operate,
102	102	maintain, and convey to this state, a county, or a municipality for
103	103	operation and maintenance macadamized, graveled, or paved roads, or
104	104	improvements, including storm drainage, in aid of those roads.
105	105	Sec. 8441.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	106	road project must meet all applicable construction standards,
107	107	zoning and subdivision requirements, and regulations of each
108	108	municipality in whose corporate limits or extraterritorial
109	109	jurisdiction the road project is located.
110	110	(b) If a road project is not located in the corporate limits
111	111	or extraterritorial jurisdiction of a municipality, the road
112	112	project must meet all applicable construction standards, zoning and
113	113	subdivision requirements, and regulations of each county in which
114	114	the road project is located.
115	115	(c) If the state will maintain and operate the road, the
116	116	Texas Transportation Commission must approve the plans and
117	117	specifications of the road project.
118	118	Sec. 8441.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
119	119	OR RESOLUTION. The district shall comply with all applicable
120	120	requirements of any ordinance or resolution that is adopted under
121	121	Section 54.016 or 54.0165, Water Code, and that consents to the
122	122	creation of the district or to the inclusion of land in the
123	123	district.
124	124	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
125	125	Sec. 8441.151. ELECTIONS REGARDING TAXES OR BONDS.
126	126	(a) The district may issue, without an election, bonds and other
127	127	obligations secured by:
128	128	(1) revenue other than ad valorem taxes; or
129	129	(2) contract payments described by Section 8441.153.
130	130	(b) The district must hold an election in the manner
131	131	provided by Chapters 49 and 54, Water Code, to obtain voter approval
132	132	before the district may impose an ad valorem tax or issue bonds
133	133	payable from ad valorem taxes.
134	134	(c) The district may not issue bonds payable from ad valorem
135	135	taxes to finance a road project unless the issuance is approved by a
136	136	vote of a two-thirds majority of the district voters voting at an
137	137	election held for that purpose.
138	138	Sec. 8441.152. OPERATION AND MAINTENANCE TAX. (a) If
139	139	authorized at an election held under Section 8441.151, the district
140	140	may impose an operation and maintenance tax on taxable property in
141	141	the district in accordance with Section 49.107, Water Code.
142	142	(b) The board shall determine the tax rate. The rate may not
143	143	exceed the rate approved at the election.
144	144	Sec. 8441.153. CONTRACT TAXES. (a) In accordance with
145	145	Section 49.108, Water Code, the district may impose a tax other than
146	146	an operation and maintenance tax and use the revenue derived from
147	147	the tax to make payments under a contract after the provisions of
148	148	the contract have been approved by a majority of the district voters
149	149	voting at an election held for that purpose.
150	150	(b) A contract approved by the district voters may contain a
151	151	provision stating that the contract may be modified or amended by
152	152	the board without further voter approval.
153	153	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	154	Sec. 8441.201. AUTHORITY TO ISSUE BONDS AND OTHER
155	155	OBLIGATIONS. The district may issue bonds or other obligations
156	156	payable wholly or partly from ad valorem taxes, impact fees,
157	157	revenue, contract payments, grants, or other district money, or any
158	158	combination of those sources, to pay for any authorized district
159	159	purpose.
160	160	Sec. 8441.202. TAXES FOR BONDS. At the time the district
161	161	issues bonds payable wholly or partly from ad valorem taxes, the
162	162	board shall provide for the annual imposition of a continuing
163	163	direct ad valorem tax, without limit as to rate or amount, while all
164	164	or part of the bonds are outstanding as required and in the manner
165	165	provided by Sections 54.601 and 54.602, Water Code.
166	166	Sec. 8441.203. BONDS FOR ROAD PROJECTS. At the time of
167	167	issuance, the total principal amount of bonds or other obligations
168	168	issued or incurred to finance road projects and payable from ad
169	169	valorem taxes may not exceed one-fourth of the assessed value of the
170	170	real property in the district.
171	171	SECTION 2. The Waller County Municipal Utility District
172	172	No. 17 initially includes all the territory contained in the
173	173	following area:
174	174	400.55 ACRES OF LAND SITUATED IN THE F. EULE SURVEY, ABSTRACT
175	175	NO. 376 AND THE H. & T.C .R.R. CO. SURVEY, ABSTRACT NO. 203, WALLER
176	176	COUNTY, TEXAS, SAID 400.55 ACRES BEING MORE PARTICULARLY DESCRIBED
177	177	BY METES AND BOUNDS AS FOLLOWS (BEARINGS BASED ON TEXAS STATE PLANE
178	178	COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, AS DETERMINED BY GPS
179	179	MEASUREMENTS):
180	180	BEGINNING at a cotton spindle having Texas State Plane, South
181	181	Central Zone 1983, coordinates of X = 2,970,409.07 and Y =
182	182	13,857,993.69 found marking the northeasterly corner of the said F.
183	183	Eule Survey, the southeasterly corner of the H. & T.C.C. R.R. Co.
184	184	Survey, Abstract No. 205, the southwesterly corner of the E.
185	185	Jenkins Survey, Abstract No. 409 and the northwesterly corner of
186	186	the H. & T. C.C. R.R. Co. Survey, Abstract No. 196 and being in the
187	187	intersection of Morton Road (as occupied at present) and Pitts Road
188	188	(as occupied at present);
189	189	(1) THENCE, North 87°59'06" East, along the common line of the said
190	190	E. Jenkins Survey, Abstract No. 409 and the H. & T. C.C. R.R. Co.
191	191	Survey, Abstract No. 196 for a distance of 23.14 feet to a point for
192	192	corner in the southerly extension of the easterly right-of-way line
193	193	of Pitts Road, being the current extraterritorial jurisdiction line
194	194	(ETJ) agreed to between the City of Houston and the City of Katy;
195	195	(2) THENCE, South 02°03'11" East, along the said ETJ line for a
196	196	distance of 30.00 feet to a point for corner in the southerly
197	197	right-of-way line of Morton Road, being the current
198	198	extraterritorial jurisdiction line (ETJ) agreed to between the
199	199	City of Houston and the City of Katy;
200	200	(3) THENCE, South 87°59'06" West, along the southerly right-of-way
201	201	line of Morton Road, being the current extraterritorial
202	202	jurisdiction line (ETJ) agreed to between the City of Houston and
203	203	the City of Katy, for a distance of 23.14 feet to a point for corner
204	204	in the easterly line of the said F. Eule Survey and the westerly
205	205	line of the said H. & T. C.C. R.R. Co. Survey, Abstract No. 196;
206	206	(4) THENCE, South 02°03'11" East, along easterly line of the said
207	207	F. Eule Survey and the westerly line of the said H. & T. C.C. R.R.
208	208	Co. Survey, Abstract No. 196, same being the current
209	209	extraterritorial jurisdiction line (ETJ) agreed to between the
210	210	City of Houston and the City of Katy, for a distance of 5,279.05
211	211	feet to a point for the southeasterly corner of the herein described
212	212	tract being at the intersection with the easterly extension of the
213	213	southerly right-of-way line of Franz Road (as occupied at present)
214	214	from which a 1/2-inch capped iron pipe stamped "Kalkomey" found
215	215	marking the southeasterly corner of the said F. Eule Survey and the
216	216	northeasterly corner of the H. & T.C.C. R.R. Co. Survey, Abstract
217	217	No. 203 bears North 02°03'11" West, a distance of 33.00 feet;
218	218	(5) THENCE, South 87°56'49" West, along the southerly
219	219	right-of-way line of Franz Road, being the current extraterritorial
220	220	jurisdiction line (ETJ) agreed to between the City of Houston and
221	221	the City of Katy, for a distance of 2,170.11 feet to a point for
222	222	corner;
223	223	(6) THENCE, North 01°51'45" West, a distance of 33.00 feet to a
224	224	1/2-inch capped iron pipe stamped "Kalkomey" found for corner in
225	225	the southerly line of the said F. Eule Survey and the northerly line
226	226	of the said H. & T. C.C. R.R. Co. Survey, Abstract No. 203;
227	227	(7) THENCE, South 87°56'49" West, along the common line of the
228	228	said F. Eule Survey and the H. & T. C.C. R.R. Co. Survey, Abstract
229	229	No. 203 for a distance of 1,227.33 feet to a 1/2-inch capped iron
230	230	pipe stamped "Kalkomey" found marking the southwesterly corner of
231	231	the herein described tract;
232	232	(8) THENCE, North 02°06'02" West, a distance of 3,626.17 feet to a
233	233	1/2-inch capped iron pipe stamped "Kalkomey" found for corner;
234	234	(9) THENCE, North 87°59'06" East, a distance of 228.84 feet to a
235	235	bent 1/2-inch iron pipe found for corner;
236	236	(10) THENCE, North 02°01'19" West, a distance of 1,652.14 feet to
237	237	a cotton spindle found in Morton Road being in the northerly line of
238	238	the said F. Eule Survey and the southerly line of the said H. & T.
239	239	C.C. R.R. Co. Survey, Abstract No. 205 marking the northwesterly
240	240	corner of the herein described tract of land;
241	241	(11) THENCE, North 87°59'06" East, along the common line of the
242	242	said F. Eule Survey and the H. & T. C.C. R.R. Co. Survey, Abstract
243	243	No. 205, a distance of 60.00 feet to a cotton spindle found for
244	244	corner;
245	245	(12) THENCE, South 02°01'43" East, a distance of 559.82 feet to a
246	246	1/2-inch iron pipe found for corner;
247	247	(13) THENCE, North 87°58'17" East, a distance of 328.85 feet to a
248	248	1/2-inch iron pipe found for corner;
249	249	(14) THENCE, North 01°59'41" West, a distance of 559.74 feet to a
250	250	cotton spindle found for corner in Morton Road being in the
251	251	northerly line of the said F. Eule Survey and the southerly line of
252	252	the said H. & T. C.C. R.R. Co. Survey, Abstract No. 205;
253	253	(15) THENCE, North 87°59'06" East, along the common line of the
254	254	said F. Eule Survey and the H. & T. C.C. R.R. Co. Survey, Abstract
255	255	No. 205, a distance of 2,781.42 feet to the POINT OF BEGINNING and
256	256	containing 400.55 acres of land. This description has been prepared
257	257	in conjunction with a map of equal date.
258	258	SECTION 3. (a) The legal notice of the intention to
259	259	introduce this Act, setting forth the general substance of this
260	260	Act, has been published as provided by law, and the notice and a
261	261	copy of this Act have been furnished to all persons, agencies,
262	262	officials, or entities to which they are required to be furnished
263	263	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
264	264	Government Code.
265	265	(b) The governor, one of the required recipients, has
266	266	submitted the notice and Act to the Texas Commission on
267	267	Environmental Quality.
268	268	(c) The Texas Commission on Environmental Quality has filed
269	269	its recommendations relating to this Act with the governor, the
270	270	lieutenant governor, and the speaker of the house of
271	271	representatives within the required time.
272	272	(d) All requirements of the constitution and laws of this
273	273	state and the rules and procedures of the legislature with respect
274	274	to the notice, introduction, and passage of this Act are fulfilled
275	275	and accomplished.
276	276	SECTION 4. (a) If this Act does not receive a two-thirds
277	277	vote of all the members elected to each house, Subchapter C, Chapter
278	278	8441, Special District Local Laws Code, as added by Section 1 of
279	279	this Act, is amended by adding Section 8441.106 to read as follows:
280	280	Sec. 8441.106. NO EMINENT DOMAIN POWER. The district may
281	281	not exercise the power of eminent domain.
282	282	(b) This section is not intended to be an expression of a
283	283	legislative interpretation of the requirements of Subsection (c),
284	284	Section 17, Article I, Texas Constitution.
285	285	SECTION 5. This Act takes effect immediately if it receives
286	286	a vote of two-thirds of all the members elected to each house, as
287	287	provided by Section 39, Article III, Texas Constitution. If this
288	288	Act does not receive the vote necessary for immediate effect, this
289	289	Act takes effect September 1, 2013.