Texas 2015 - 84th Regular

Texas House Bill HB4134 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Bell (Senate Sponsor - Kolkhorst) H.B. No. 4134
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. 4134
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. 20; 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 7928 to read as follows:
18	12		CHAPTER 7928. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 20
19	13		SUBCHAPTER A. GENERAL PROVISIONS
20	14		Sec. 7928.001. 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. 20.
27	21		Sec. 7928.002. 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. 7928.003. 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. 7928.004. CONSENT OF MUNICIPALITY REQUIRED. The
35	29		temporary directors may not hold an election under Section 7928.003
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. 7928.005. 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. 7928.006. 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. 7928.051. 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 7928.052, directors serve
66	60		staggered four-year terms.
67	61		Sec. 7928.052. TEMPORARY DIRECTORS. (a) The temporary
68	62		board consists of:
69	63		(1) Monica L. Pena;
70	64		(2) Rafael Garcia;
71	65		(3) Walker French;
72	66		(4) Michael Cole; and
73	67		(5) Adam Selwyn.
74	68		(b) Temporary directors serve until the earlier of:
75	69		(1) the date permanent directors are elected under
76	70		Section 7928.003; 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 7928.003 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 7928.003; 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. 7928.101. 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. 7928.102. 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. 7928.103. 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. 7928.104. 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. 7928.105. 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. 7928.151. 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 7928.153.
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. 7928.152. OPERATION AND MAINTENANCE TAX. (a) If
144	138		authorized at an election held under Section 7928.151, 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. 7928.153. 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. 7928.201. 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. 7928.202. 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. 7928.203. 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		20 initially includes all the territory contained in the following
178	172		area:
179	173		Being a 809.20 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 809.20
189	183		acre tract, being more particularly described as follows:
190	184		BEGINNING at 5/8" iron rod found for the southwesterly corner
191	185		of the Remington Forest Subdivision as recorded in Volume 1278,
192	186		Page 566 of the Map Records of Waller County, Texas, also being on
193	187		the northerly line of FM 1488, and being a southeasterly corner of
194	188		herein described tract;
195	189		THENCE S 87 deg. 27' 46" W along the northerly line of FM
196	190		1488, a distance of 1634.27 feet to the centerline of a creek, being
197	191		the southwesterly corner of the herein described tract
198	192		THENCE across the said 2023.4232 and the said 803.86 acre
199	193		tract as follows:
200	194		THENCE N 02deg10'05" W, a distance of 196.50' to a point
201	195		for corner
202	196		THENCE N 33deg15'32" E, a distance of 378.47' to a point
203	197		for corner
204	198		THENCE N 10deg42'18" W, a distance of 566.69' to a point
205	199		for corner
206	200		THENCE N 08deg13'31" W, a distance of 1330.08' to a
207	201		point for corner
208	202		THENCE N 08deg13'31" W, a distance of 417.47' to a point
209	203		for corner
210	204		THENCE N 41deg36'33" W, a distance of 292.69' to a point
211	205		for corner
212	206		THENCE N 16deg33'53" E, a distance of 668.46' to a point
213	207		for corner
214	208		THENCE N 02deg17'52" E, a distance of 899.56' to a point
215	209		for corner
216	210		THENCE N 12deg09'48" E, a distance of 629.46' to a point
217	211		for corner
218	212		THENCE N 46deg27'00" E, a distance of 923.73' to a point
219	213		for corner
220	214		THENCE N 21deg57'56" E, a distance of 516.18' to a point
221	215		for corner
222	216		THENCE N 48deg32'01" W, a distance of 265.75' to a point
223	217		for corner
224	218		THENCE N 39deg11'23" E, a distance of 175.18' to a point
225	219		for corner
226	220		THENCE with a curve turning to the right with an arc
227	221		length of 1671.08', having a radius of 3500.00', a chord which bears
228	222		N 52deg52'03" E, a chord length of 1655.25';
229	223		THENCE N 66deg32'44" E, a distance of 498.48' to a point
230	224		for corner
231	225		THENCE with a curve turning to the left with an arc
232	226		length of 1904.28', having a radius of 2000.00', a chord which bears
233	227		N 39deg16'07" E, a chord length of 1833.16',
234	228		THENCE S 89deg46'05" E, a distance of 1403.20' to a point for
235	229		corner in the westerly line of Ranch Crest subdivision, a
236	230		subdivision recorded in Cabinet Z, Sheet 1741 of the Real Property
237	231		Records of Montgomery County, Texas
238	232		THENCE S 01 deg. 38' 07" E along the easterly line the said
239	233		803.86 acre tract, a distance of 7575.75 feet to a 5/8" iron rod
240	234		found for the southeasterly corner of said 803.86 acre tract, also
241	235		being the northeasterly corner of Remington Forest Section 1, and
242	236		being a corner of herein described tract;
243	237		THENCE along the northerly line of Remington Forest Section 1
244	238		as follows:
245	239		THENCE N 71deg19'31" W, a distance of 175.38' to a point
246	240		for corner
247	241		THENCE N 80deg21'54" W, a distance of 315.27' to a point
248	242		for corner
249	243		THENCE S 75deg59'54" W, a distance of 89.70' to a point
250	244		for corner
251	245		THENCE N 81deg44'54" W, a distance of 110.31' to a point
252	246		for corner
253	247		THENCE S 79deg04'39" W, a distance of 153.54' to a point
254	248		for corner
255	249		THENCE N 67deg55'32" W, a distance of 323.68' to a point
256	250		for corner
257	251		THENCE S 43deg05'21" W, a distance of 324.47' to a point
258	252		for corner
259	253		THENCE N 46deg54'59" W, a distance of 73.97' to a point
260	254		for corner
261	255		THENCE S 43deg05'06" W, a distance of 70.00' to a point
262	256		for corner
263	257		THENCE S 87deg28'04" W, a distance of 2210.19' to a
264	258		point for corner
265	259		THENCE N 34deg51'23" W, a distance of 40.47' to a point
266	260		for corner
267	261		THENCE N 01deg06'12" E, a distance of 140.75' to a point
268	262		for corner
269	263		THENCE S 50deg40'50" W, a distance of 149.29' to a point for
270	264		corner being the northwesterly corner of Remington Forest Section 1
271	265		THENCE along the westerly line of Remington Forest
272	266		Subdivision, S 03 deg. 10' 26" E, a distance of 1508.02 feet to the
273	267		POINT OF BEGINNING, and containing 809.20 acres of land, more or
274	268		less.
275	269		SECTION 3. (a) The legal notice of the intention to
276	270		introduce this Act, setting forth the general substance of this
277	271		Act, has been published as provided by law, and the notice and a
278	272		copy of this Act have been furnished to all persons, agencies,
279	273		officials, or entities to which they are required to be furnished
280	274		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
281	275		Government Code.
282	276		(b) The governor, one of the required recipients, has
283	277		submitted the notice and Act to the Texas Commission on
284	278		Environmental Quality.
285	279		(c) The Texas Commission on Environmental Quality has filed
286	280		its recommendations relating to this Act with the governor, the
287	281		lieutenant governor, and the speaker of the house of
288	282		representatives within the required time.
289	283		(d) All requirements of the constitution and laws of this
290	284		state and the rules and procedures of the legislature with respect
291	285		to the notice, introduction, and passage of this Act are fulfilled
292	286		and accomplished.
293	287		SECTION 4. (a) If this Act does not receive a two-thirds
294	288		vote of all the members elected to each house, Subchapter C, Chapter
295	289		7928, Special District Local Laws Code, as added by Section 1 of
296	290		this Act, is amended by adding Section 7928.106 to read as follows:
297	291		Sec. 7928.106. NO EMINENT DOMAIN POWER. The district may
298	292		not exercise the power of eminent domain.
299	293		(b) This section is not intended to be an expression of a
300	294		legislative interpretation of the requirements of Section 17(c),
301	295		Article I, Texas Constitution.
302	296		SECTION 5. This Act takes effect immediately if it receives
303	297		a vote of two-thirds of all the members elected to each house, as
304	298		provided by Section 39, Article III, Texas Constitution. If this
305	299		Act does not receive the vote necessary for immediate effect, this
306	300		Act takes effect September 1, 2015.
307		-	* * * * *
	301	+	______________________________ ______________________________
	302	+	President of the Senate Speaker of the House
	303	+	I certify that H.B. No. 4134 was passed by the House on April
	304	+	30, 2015, by the following vote: Yeas 139, Nays 0, 1 present, not
	305	+	voting.
	306	+	______________________________
	307	+	Chief Clerk of the House
	308	+	I certify that H.B. No. 4134 was passed by the Senate on May
	309	+	26, 2015, by the following vote: Yeas 30, Nays 1.
	310	+	______________________________
	311	+	Secretary of the Senate
	312	+	APPROVED: _____________________
	313	+	Date
	314	+	_____________________
	315	+	Governor