Texas 2015 - 84th Regular

Texas House Bill HB4132 Compare Versions

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1		-	By: Bell (Senate Sponsor - Kolkhorst) H.B. No. 4132
2		-	(In the Senate - Received from the House May 4, 2015;
3		-	May 4, 2015, read first time and referred to Committee on
4		-	Administration; May 7, 2015, reported favorably by the following
5		-	vote: Yeas 6, Nays 0; May 7, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 4132
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the creation of the Waller County Municipal Utility
12	6		District No. 21; granting a limited power of eminent domain;
13	7		providing authority to issue bonds; providing authority to impose
14	8		assessments, fees, and taxes.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	10		SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	11		Code, is amended by adding Chapter 7929 to read as follows:
18	12		CHAPTER 7929. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 21
19	13		SUBCHAPTER A. GENERAL PROVISIONS
20	14		Sec. 7929.001. DEFINITIONS. In this chapter:
21	15		(1) "Board" means the district's board of directors.
22	16		(2) "Commission" means the Texas Commission on
23	17		Environmental Quality.
24	18		(3) "Director" means a board member.
25	19		(4) "District" means the Waller County Municipal
26	20		Utility District No. 21.
27	21		Sec. 7929.002. NATURE OF DISTRICT. The district is a
28	22		municipal utility district created under Section 59, Article XVI,
29	23		Texas Constitution.
30	24		Sec. 7929.003. CONFIRMATION AND DIRECTORS' ELECTION
31	25		REQUIRED. The temporary directors shall hold an election to
32	26		confirm the creation of the district and to elect five permanent
33	27		directors as provided by Section 49.102, Water Code.
34	28		Sec. 7929.004. CONSENT OF MUNICIPALITY REQUIRED. The
35	29		temporary directors may not hold an election under Section 7929.003
36	30		until each municipality in whose corporate limits or
37	31		extraterritorial jurisdiction the district is located has
38	32		consented by ordinance or resolution to the creation of the
39	33		district and to the inclusion of land in the district.
40	34		Sec. 7929.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
41	35		The district is created to serve a public purpose and benefit.
42	36		(b) The district is created to accomplish the purposes of:
43	37		(1) a municipal utility district as provided by
44	38		general law and Section 59, Article XVI, Texas Constitution; and
45	39		(2) Section 52, Article III, Texas Constitution, that
46	40		relate to the construction, acquisition, improvement, operation,
47	41		or maintenance of macadamized, graveled, or paved roads, or
48	42		improvements, including storm drainage, in aid of those roads.
49	43		Sec. 7929.006. INITIAL DISTRICT TERRITORY. (a) The
50	44		district is initially composed of the territory described by
51	45		Section 2 of the Act enacting this chapter.
52	46		(b) The boundaries and field notes contained in Section 2 of
53	47		the Act enacting this chapter form a closure. A mistake made in the
54	48		field notes or in copying the field notes in the legislative process
55	49		does not affect the district's:
56	50		(1) organization, existence, or validity;
57	51		(2) right to issue any type of bond for the purposes
58	52		for which the district is created or to pay the principal of and
59	53		interest on a bond;
60	54		(3) right to impose a tax; or
61	55		(4) legality or operation.
62	56		SUBCHAPTER B. BOARD OF DIRECTORS
63	57		Sec. 7929.051. GOVERNING BODY; TERMS. (a) The district is
64	58		governed by a board of five elected directors.
65	59		(b) Except as provided by Section 7929.052, directors serve
66	60		staggered four-year terms.
67	61		Sec. 7929.052. TEMPORARY DIRECTORS. (a) On or after the
68	62		effective date of the Act enacting this chapter, the owner or owners
69	63		of a majority of the assessed value of the real property in the
70	64		district may submit a petition to the commission requesting that
71	65		the commission appoint as temporary directors the five persons
72	66		named in the petition. The commission shall appoint as temporary
73	67		directors the five persons named in the petition.
74	68		(b) Temporary directors serve until the earlier of:
75	69		(1) the date permanent directors are elected under
76	70		Section 7929.003; or
77	71		(2) the fourth anniversary of the effective date of
78	72		the Act enacting this chapter.
79	73		(c) If permanent directors have not been elected under
80	74		Section 7929.003 and the terms of the temporary directors have
81	75		expired, successor temporary directors shall be appointed or
82	76		reappointed as provided by Subsection (d) to serve terms that
83	77		expire on the earlier of:
84	78		(1) the date permanent directors are elected under
85	79		Section 7929.003; or
86	80		(2) the fourth anniversary of the date of the
87	81		appointment or reappointment.
88	82		(d) If Subsection (c) applies, the owner or owners of a
89	83		majority of the assessed value of the real property in the district
90	84		may submit a petition to the commission requesting that the
91	85		commission appoint as successor temporary directors the five
92	86		persons named in the petition. The commission shall appoint as
93	87		successor temporary directors the five persons named in the
94	88		petition.
95	89		SUBCHAPTER C. POWERS AND DUTIES
96	90		Sec. 7929.101. GENERAL POWERS AND DUTIES. The district has
97	91		the powers and duties necessary to accomplish the purposes for
98	92		which the district is created.
99	93		Sec. 7929.102. MUNICIPAL UTILITY DISTRICT POWERS AND
100	94		DUTIES. The district has the powers and duties provided by the
101	95		general law of this state, including Chapters 49 and 54, Water Code,
102	96		applicable to municipal utility districts created under Section 59,
103	97		Article XVI, Texas Constitution.
104	98		Sec. 7929.103. AUTHORITY FOR ROAD PROJECTS. Under Section
105	99		52, Article III, Texas Constitution, the district may design,
106	100		acquire, construct, finance, issue bonds for, improve, operate,
107	101		maintain, and convey to this state, a county, or a municipality for
108	102		operation and maintenance macadamized, graveled, or paved roads, or
109	103		improvements, including storm drainage, in aid of those roads.
110	104		Sec. 7929.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
111	105		project must meet all applicable construction standards, zoning and
112	106		subdivision requirements, and regulations of each municipality in
113	107		whose corporate limits or extraterritorial jurisdiction the road
114	108		project is located.
115	109		(b) If a road project is not located in the corporate limits
116	110		or extraterritorial jurisdiction of a municipality, the road
117	111		project must meet all applicable construction standards,
118	112		subdivision requirements, and regulations of each county in which
119	113		the road project is located.
120	114		(c) If the state will maintain and operate the road, the
121	115		Texas Transportation Commission must approve the plans and
122	116		specifications of the road project.
123	117		Sec. 7929.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
124	118		OR RESOLUTION. The district shall comply with all applicable
125	119		requirements of any ordinance or resolution that is adopted under
126	120		Section 54.016 or 54.0165, Water Code, and that consents to the
127	121		creation of the district or to the inclusion of land in the
128	122		district.
129	123		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
130	124		Sec. 7929.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
131	125		district may issue, without an election, bonds and other
132	126		obligations secured by:
133	127		(1) revenue other than ad valorem taxes; or
134	128		(2) contract payments described by Section 7929.153.
135	129		(b) The district must hold an election in the manner
136	130		provided by Chapters 49 and 54, Water Code, to obtain voter approval
137	131		before the district may impose an ad valorem tax or issue bonds
138	132		payable from ad valorem taxes.
139	133		(c) The district may not issue bonds payable from ad valorem
140	134		taxes to finance a road project unless the issuance is approved by a
141	135		vote of a two-thirds majority of the district voters voting at an
142	136		election held for that purpose.
143	137		Sec. 7929.152. OPERATION AND MAINTENANCE TAX. (a) If
144	138		authorized at an election held under Section 7929.151, the district
145	139		may impose an operation and maintenance tax on taxable property in
146	140		the district in accordance with Section 49.107, Water Code.
147	141		(b) The board shall determine the tax rate. The rate may not
148	142		exceed the rate approved at the election.
149	143		Sec. 7929.153. CONTRACT TAXES. (a) In accordance with
150	144		Section 49.108, Water Code, the district may impose a tax other than
151	145		an operation and maintenance tax and use the revenue derived from
152	146		the tax to make payments under a contract after the provisions of
153	147		the contract have been approved by a majority of the district voters
154	148		voting at an election held for that purpose.
155	149		(b) A contract approved by the district voters may contain a
156	150		provision stating that the contract may be modified or amended by
157	151		the board without further voter approval.
158	152		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
159	153		Sec. 7929.201. AUTHORITY TO ISSUE BONDS AND OTHER
160	154		OBLIGATIONS. The district may issue bonds or other obligations
161	155		payable wholly or partly from ad valorem taxes, impact fees,
162	156		revenue, contract payments, grants, or other district money, or any
163	157		combination of those sources, to pay for any authorized district
164	158		purpose.
165	159		Sec. 7929.202. TAXES FOR BONDS. At the time the district
166	160		issues bonds payable wholly or partly from ad valorem taxes, the
167	161		board shall provide for the annual imposition of a continuing
168	162		direct ad valorem tax, without limit as to rate or amount, while all
169	163		or part of the bonds are outstanding as required and in the manner
170	164		provided by Sections 54.601 and 54.602, Water Code.
171	165		Sec. 7929.203. BONDS FOR ROAD PROJECTS. At the time of
172	166		issuance, the total principal amount of bonds or other obligations
173	167		issued or incurred to finance road projects and payable from ad
174	168		valorem taxes may not exceed one-fourth of the assessed value of the
175	169		real property in the district.
176	170		SECTION 2. The Waller County Municipal Utility District No.
177	171		21 initially includes all the territory contained in the following
178	172		area:
179	173		Being a 794.46 acre tract of land in the W. Hillhouse Survey,
180	174		Abstract 136, Waller County, Texas, the F.L. Smith Survey, Abstract
181	175		252, Waller County, Texas, the D. Warren Survey, Abstract 394,
182	176		Waller County, Texas, the W. Rogerson Survey, Abstract 245, Waller
183	177		County, Texas, the R. Watson Survey, Abstract 271, Waller County,
184	178		being out of a called 2023.4232 acre tract of land as recorded under
185	179		Volume 883, Page 590 of the Real Property Records Waller County, and
186	180		Montgomery County Clerk's File No. 2005-063061, and all of a called
187	181		803.86 acre tract of land as recorded in Volume 1330, Page 226, of
188	182		the Real Properties Records of Waller County, Texas. Said 794.46
189	183		acre tract, being more particularly described as follows:
190	184		BEGINNING at a 2" iron pipe found for the southeasterly
191	185		corner of a called 20.0 acre tract of land as recorded in Volume
192	186		1395, Page 146 of the Deed Records of Waller County, Texas;
193	187		THENCE N 03 deg. 35' 03" W along the easterly line of said
194	188		20.0 acre tract, also along the easterly line of a 90.0 acre tract
195	189		as recorded in Volume 1395, Page 146, of the Deed Records of Waller
196	190		County, Texas, a distance of 3024.46 feet (passing at 2986.66' a 1"
197	191		iron pipe) to a 5/8" iron rod set for the northeasterly corner of
198	192		said 90.0 acre tract, also being the southeasterly corner of a
199	193		163.4756 acre tract as recorded in Volume 1395, Page 146, of the
200	194		Deed Records of Waller County, Texas also being the southwesterly
201	195		corner of a 14.995 acre tract as recorded in Volume 1395, Page 146,
202	196		of the Deed Records of Waller County, Texas, and being a
203	197		northwesterly corner of herein described tract;
204	198		THENCE N 87 deg. 24' 23" E along the southerly line of said
205	199		14.995 acre tract, also along a 26.503 acre tract as recorded in
206	200		Volume 252, Page 769 of the Deed Records of Waller County, Texas,
207	201		also along a 26.503 acre tract as recorded in Volume 1253, Page 806,
208	202		of the Deed Records of Waller County, Texas also along a 26.503 acre
209	203		tract as recorded in Volume 249, Page 704 of the Deed Records of
210	204		Montgomery County, Texas, a distance of 5061.12 feet to a 5/8" iron
211	205		rod set for the southwesterly corner of a called 8.807 acre tract of
212	206		land as recorded in Clerk's File No. 2005-063061 of the Real
213	207		Property Records of Montgomery County Texas, also being in the
214	208		southerly Right of Way of the Missouri Pacific Railroad, 150' Right
215	209		of way recorded in Volume 26, Page 320 of the Deed Records of
216	210		Montgomery County, Texas, and being a northerly corner of herein
217	211		described tract;
218	212		THENCE along the southerly line of the said 8.807 acre tract
219	213		and the Railroad Right of Way as follows:
220	214		S 43 deg 56' 21" E a distance of 830.35 feet to a 5/8"
221	215		iron rod set for corner
222	216		THENCE along a curve to the left with a radius of 2021.71
223	217		feet, a chord that bears S 51 deg 09' 41" E, a chord distance of
224	218		429.85' to a 5/8" iron rod set for in the westerly line of a called
225	219		62.677 acre tract of land as recorded in Montgomery County Clerk's
226	220		File No. 2006-059345, and being the most northerly northeast corner
227	221		of the herein described tract;
228	222		THENCE S 01 deg. 38' 08" E along the westerly line of the said
229	223		62.677 acre tract, a distance of 2542.42 feet to 5/8" iron rod
230	224		capped found for the northeasterly corner of a 803.86 acre tract as
231	225		recorded in Volume 1330, Page 226 of the Deed Records of Waller
232	226		County, Texas, also being the northwesterly corner of Ranch Crest
233	227		Subdivision, Section 2, as recorded under Montgomery County Map
234	228		Records in Cabinet Z, Sheet 1741, and being a corner of herein
235	229		described tract;
236	230		THENCE S 01 deg. 38' 07" E along the easterly line the said
237	231		803.86 acre tract, a distance of 1463.36 feet to the southeasterly
238	232		corner of the herein described tract
239	233		THENCE across the said 803.86 acre tract and the said
240	234		2023.4232 acre tract as follows:
241	235		THENCE N 89deg46'05" W, a distance of 1403.20' to a
242	236		point for corner
243	237		THENCE with a curve turning to the right with an arc
244	238		length of 1904.28', having a radius of 2000.00', a chord which
245	239		bears S 39deg16'07" W, a chord length of 1833.16';
246	240		THENCE S 66deg32'44" W, a distance of 498.48' to a point
247	241		for corner
248	242		THENCE with a curve turning to the left with an arc
249	243		length of 1671.08', having a radius of 3500.00', a chord which
250	244		bears S 52deg52'03" W, a chord length of 1655.25';
251	245		THENCE S 39deg11'23" W, a distance of 175.18' to a point
252	246		for corner
253	247		THENCE N 48deg32'01" W, a distance of 1741.71' to a
254	248		point for corner
255	249		THENCE N 01deg42'32" W, a distance of 291.80' to a point
256	250		for corner
257	251		THENCE N 50deg13'03" E, a distance of 936.60' to a point
258	252		for corner
259	253		THENCE N 37deg13'01" W, a distance of 1044.87' to a
260	254		point for corner
261	255		THENCE N 12deg11'39" W, a distance of 614.73' to a point
262	256		for corner
263	257		THENCE N 05deg26'33" W, a distance of 897.80' to the POINT OF
264	258		BEGINNING, and containing 794.46 acres of land, more or less.
265	259		SECTION 3. (a) The legal notice of the intention to
266	260		introduce this Act, setting forth the general substance of this
267	261		Act, has been published as provided by law, and the notice and a
268	262		copy of this Act have been furnished to all persons, agencies,
269	263		officials, or entities to which they are required to be furnished
270	264		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
271	265		Government Code.
272	266		(b) The governor, one of the required recipients, has
273	267		submitted the notice and Act to the Texas Commission on
274	268		Environmental Quality.
275	269		(c) The Texas Commission on Environmental Quality has filed
276	270		its recommendations relating to this Act with the governor, the
277	271		lieutenant governor, and the speaker of the house of
278	272		representatives within the required time.
279	273		(d) All requirements of the constitution and laws of this
280	274		state and the rules and procedures of the legislature with respect
281	275		to the notice, introduction, and passage of this Act are fulfilled
282	276		and accomplished.
283	277		SECTION 4. (a) If this Act does not receive a two-thirds
284	278		vote of all the members elected to each house, Subchapter C, Chapter
285	279		7929, Special District Local Laws Code, as added by Section 1 of
286	280		this Act, is amended by adding Section 7929.106 to read as follows:
287	281		Sec. 7929.106. NO EMINENT DOMAIN POWER. The district may
288	282		not exercise the power of eminent domain.
289	283		(b) This section is not intended to be an expression of a
290	284		legislative interpretation of the requirements of Section 17(c),
291	285		Article I, Texas Constitution.
292	286		SECTION 5. This Act takes effect immediately if it receives
293	287		a vote of two-thirds of all the members elected to each house, as
294	288		provided by Section 39, Article III, Texas Constitution. If this
295	289		Act does not receive the vote necessary for immediate effect, this
296	290		Act takes effect September 1, 2015.
297		-	* * * * *
	291	+	______________________________ ______________________________
	292	+	President of the Senate Speaker of the House
	293	+	I certify that H.B. No. 4132 was passed by the House on April
	294	+	30, 2015, by the following vote: Yeas 139, Nays 0, 1 present, not
	295	+	voting.
	296	+	______________________________
	297	+	Chief Clerk of the House
	298	+	I certify that H.B. No. 4132 was passed by the Senate on May
	299	+	8, 2015, by the following vote: Yeas 30, Nays 1.
	300	+	______________________________
	301	+	Secretary of the Senate
	302	+	APPROVED: _____________________
	303	+	Date
	304	+	_____________________
	305	+	Governor