Texas 2015 - 84th Regular

Texas House Bill HB4133 Compare Versions

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1		-	By: Bell (Senate Sponsor - Kolkhorst) H.B. No. 4133
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 18, 2015, reported favorably by the following
5		-	vote: Yeas 5, Nays 0; May 18, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 4133
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. 23; 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 7920 to read as follows:
18	12		CHAPTER 7920. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 23
19	13		SUBCHAPTER A. GENERAL PROVISIONS
20	14		Sec. 7920.001. 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. 23.
27	21		Sec. 7920.002. 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. 7920.003. 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. 7920.004. CONSENT OF MUNICIPALITY REQUIRED. The
35	29		temporary directors may not hold an election under Section 7920.003
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. 7920.005. 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. 7920.006. 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. 7920.051. 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 7920.052, directors serve
66	60		staggered four-year terms.
67	61		Sec. 7920.052. 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 7920.003; 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 7920.003 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 7920.003; 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. 7920.101. 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. 7920.102. 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. 7920.103. 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. 7920.104. 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. 7920.105. 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. 7920.151. 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 7920.153.
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. 7920.152. OPERATION AND MAINTENANCE TAX. (a) If
144	138		authorized at an election held under Section 7920.151, 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. 7920.153. 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. 7920.201. 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. 7920.202. 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. 7920.203. 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		23 initially includes all the territory contained in the following
178	172		area:
179	173		Being a 622.88 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. Said 622.88 acre
187	181		tract, being more particularly described as follows:
188	182		BEGINNING at a 1" iron pipe for the southeasterly corner of a
189	183		called 81.00 acre tract of land as recorded in Volume 610, Page 578
190	184		of the deed records of Montgomery County Texas, also being the
191	185		southwesterly corner of the said 2023.4232 acre tract;
192	186		THENCE N 03 deg. 29' 36" W along the easterly line of said
193	187		81.00 acre tract, a distance of 1726.26 feet to a 1" bar found for
194	188		the northeasterly corner of said 81.00 acre tract, and being a
195	189		southwesterly corner of herein described tract;
196	190		THENCE S 86 deg. 39' 20" W along the northerly line of said
197	191		81.00 acre tract, also along the northerly line of 12.572 acre tract
198	192		as recorded under Volume 1070, Page 545 of the Deed Records of
199	193		Waller County, Texas, also along the northerly line of a 45.506 acre
200	194		tract as recorded under Volume 934, Page 241 of the Deed Records of
201	195		Waller County, Texas, a distance of 3519.08 feet to a 2" pipe on the
202	196		northerly line of said 45.506 acre tract, also being the
203	197		southeasterly corner of a 48.0 acre tract as recorded under Volume
204	198		1017, Page 070 of the Deed Records of Waller County, Texas and being
205	199		a southwesterly corner of herein described tract;
206	200		THENCE N 03 deg. 17' 44" W along the easterly line of said
207	201		48.0 acre tract, also along the easterly line of a 10.0 acre tract
208	202		as recorded under Volume 1070, Page 070, Volume 0960, Page 673,
209	203		Volume 1108, Page 241 & 247 of the Deed Records of Waller County,
210	204		Texas, a distance of 1107.47 feet to a concrete monument for the
211	205		northeasterly corner of said 10.0 acre tract, and being a
212	206		southwesterly corner of herein described tract;
213	207		THENCE S 86 deg. 37' 35" W along the northerly line of said
214	208		10.0 acre tract, a distance of 1895.45 feet to a concrete monument
215	209		found for corner of said 10.0 acre tract, also being the easterly
216	210		line of 1384.0 acre tract as recorded in Volume 32, Page 27 of the
217	211		Deed Records of Waller County, Texas, and being a southwesterly
218	212		corner of herein described tract;
219	213		THENCE N 03 deg. 12' 17" W along the easterly line of said
220	214		1384.0 acre tract, a distance of 4066.21 feet to a concrete monument
221	215		on easterly line of said 1384.0 acre tract, also being the
222	216		southwesterly corner of a 229.0 acre tract of land as recorded in
223	217		Volume 72, Page 124 of the Deed records of Waller County, Texas, and
224	218		being a northwesterly corner of herein described tract;
225	219		THENCE N 86 deg. 26' 44" E along the southerly line of said
226	220		229.0 acre tract, a distance of 2690.70 feet to a Fence Corner found
227	221		for the southeasterly corner of said 229.0 acre tract, and being a
228	222		corner of herein described tract;
229	223		THENCE N 03 deg. 02' 22" W along the easterly line of said
230	224		229.0 acre tract, a distance of 938.08 feet to the most northerly
231	225		point of the herein described tract;
232	226		THENCE across the said 2023.4232 acre tract as follows:
233	227		THENCE N 87deg24'30" E, a distance of 976.07' to a point
234	228		for corner
235	229		THENCE S 11deg24'02" E, a distance of 920.79' to a point
236	230		for corner
237	231		THENCE S 22deg31'16" W, a distance of 241.81' to a point
238	232		for corner
239	233		THENCE with a curve turning to the right with an arc
240	234		length of 610.49', having a radius of 2000.00', a chord which bears
241	235		S 59deg55'12" E, a chord length of 608.12';
242	236		THENCE S 51deg10'31" E, a distance of 411.07' to a point
243	237		for corner;
244	238		THENCE with a curve turning to the left with an arc
245	239		length of 158.92', having a radius of 2000.00', a chord which bears
246	240		S 53deg27'06" E, a chord length of 158.88';
247	241		THENCE S 26deg58'13" W, a distance of 188.08' to a point
248	242		for corner
249	243		THENCE with a curve turning to the left with an arc
250	244		length of 1228.20', having a radius of 2800.00', a chord which bears
251	245		S 14deg24'14" W, a chord length of 1218.38';
252	246		THENCE S 86deg11'28" E, a distance of 215.01' to a point
253	247		for corner
254	248		THENCE with a curve turning to the right with an arc
255	249		length of 1128.40', having a radius of 1400.00', a chord which bears
256	250		S 63deg06'03" E, a chord length of 1098.11';
257	251		THENCE with a compound curve turning to the right with
258	252		an arc length of 1073.28', having a radius of 1400.00', a chord
259	253		which bears S 18deg02'54" E, a chord length of 1047.19';
260	254		THENCE S 03deg54'50" W, a distance of 607.93' to a point
261	255		for corner
262	256		THENCE N 89deg47'45" E, a distance of 1008.22' to a
263	257		point for corner
264	258		THENCE S 08deg13'31" E, a distance of 1330.08' to a
265	259		point for corner
266	260		THENCE S 10deg42'18" E, a distance of 566.69' to a point
267	261		for corner
268	262		THENCE S 33deg15'32" W, a distance of 378.47' to a point
269	263		for corner
270	264		THENCE S 02deg10'05" E, a distance of 196.50' to a point for
271	265		corner in the northerly Right of Way of FM 1488;
272	266		THENCE S 87 deg. 27' 46" W along the northerly line of FM
273	267		1488, a distance of 467.88 feet to a 5/8" iron rod set along the
274	268		northerly Right of Way of FM 1488;
275	269		THENCE along a curve to the left having a radius of 1975.31
276	270		feet, a chord that bears S 81 deg. 30' 29" W, a distance of 408.03
277	271		feet along the northerly line of FM 1488, to a 5/8" iron rod set for
278	272		an angle point of the herein described tract;
279	273		THENCE S 86 deg 29' 45" W, a distance of 194.36 feet to the
280	274		POINT OF BEGINNING, and containing 622.88 acres of land, more or
281	275		less.
282	276		SECTION 3. (a) The legal notice of the intention to
283	277		introduce this Act, setting forth the general substance of this
284	278		Act, has been published as provided by law, and the notice and a
285	279		copy of this Act have been furnished to all persons, agencies,
286	280		officials, or entities to which they are required to be furnished
287	281		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
288	282		Government Code.
289	283		(b) The governor, one of the required recipients, has
290	284		submitted the notice and Act to the Texas Commission on
291	285		Environmental Quality.
292	286		(c) The Texas Commission on Environmental Quality has filed
293	287		its recommendations relating to this Act with the governor, the
294	288		lieutenant governor, and the speaker of the house of
295	289		representatives within the required time.
296	290		(d) All requirements of the constitution and laws of this
297	291		state and the rules and procedures of the legislature with respect
298	292		to the notice, introduction, and passage of this Act are fulfilled
299	293		and accomplished.
300	294		SECTION 4. (a) If this Act does not receive a two-thirds
301	295		vote of all the members elected to each house, Subchapter C, Chapter
302	296		7920, Special District Local Laws Code, as added by Section 1 of
303	297		this Act, is amended by adding Section 7920.106 to read as follows:
304	298		Sec. 7920.106. NO EMINENT DOMAIN POWER. The district may
305	299		not exercise the power of eminent domain.
306	300		(b) This section is not intended to be an expression of a
307	301		legislative interpretation of the requirements of Section 17(c),
308	302		Article I, Texas Constitution.
309	303		SECTION 5. This Act takes effect immediately if it receives
310	304		a vote of two-thirds of all the members elected to each house, as
311	305		provided by Section 39, Article III, Texas Constitution. If this
312	306		Act does not receive the vote necessary for immediate effect, this
313	307		Act takes effect September 1, 2015.
314		-	* * * * *
	308	+	______________________________ ______________________________
	309	+	President of the Senate Speaker of the House
	310	+	I certify that H.B. No. 4133 was passed by the House on April
	311	+	30, 2015, by the following vote: Yeas 139, Nays 0, 1 present, not
	312	+	voting.
	313	+	______________________________
	314	+	Chief Clerk of the House
	315	+	I certify that H.B. No. 4133 was passed by the Senate on May
	316	+	26, 2015, by the following vote: Yeas 30, Nays 1.
	317	+	______________________________
	318	+	Secretary of the Senate
	319	+	APPROVED: _____________________
	320	+	Date
	321	+	_____________________
	322	+	Governor