Texas 2015 - 84th Regular

Texas Senate Bill SB2011 Compare Versions

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1	1	By: Kolkhorst S.B. No. 2011
2	2	(In the Senate - Filed March 23, 2015; March 30, 2015, read
3	3	first time and referred to Committee on Intergovernmental
4	4	Relations; April 29, 2015, reported favorably by the following
5	5	vote: Yeas 7, Nays 0; April 29, 2015, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the creation of the Waller County Municipal Utility
12	12	District No. 21; granting a limited power of eminent domain;
13	13	providing authority to issue bonds; providing authority to impose
14	14	assessments, fees, and taxes.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	17	Code, is amended by adding Chapter 7929 to read as follows:
18	18	CHAPTER 7929. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 21
19	19	SUBCHAPTER A. GENERAL PROVISIONS
20	20	Sec. 7929.001. DEFINITIONS. In this chapter:
21	21	(1) "Board" means the district's board of directors.
22	22	(2) "Commission" means the Texas Commission on
23	23	Environmental Quality.
24	24	(3) "Director" means a board member.
25	25	(4) "District" means the Waller County Municipal
26	26	Utility District No. 21.
27	27	Sec. 7929.002. NATURE OF DISTRICT. The district is a
28	28	municipal utility district created under Section 59, Article XVI,
29	29	Texas Constitution.
30	30	Sec. 7929.003. CONFIRMATION AND DIRECTORS' ELECTION
31	31	REQUIRED. The temporary directors shall hold an election to
32	32	confirm the creation of the district and to elect five permanent
33	33	directors as provided by Section 49.102, Water Code.
34	34	Sec. 7929.004. CONSENT OF MUNICIPALITY REQUIRED. The
35	35	temporary directors may not hold an election under Section 7929.003
36	36	until each municipality in whose corporate limits or
37	37	extraterritorial jurisdiction the district is located has
38	38	consented by ordinance or resolution to the creation of the
39	39	district and to the inclusion of land in the district.
40	40	Sec. 7929.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
41	41	(a) The district is created to serve a public purpose and benefit.
42	42	(b) The district is created to accomplish the purposes of:
43	43	(1) a municipal utility district as provided by
44	44	general law and Section 59, Article XVI, Texas Constitution; and
45	45	(2) Section 52, Article III, Texas Constitution, that
46	46	relate to the construction, acquisition, improvement, operation,
47	47	or maintenance of macadamized, graveled, or paved roads, or
48	48	improvements, including storm drainage, in aid of those roads.
49	49	Sec. 7929.006. INITIAL DISTRICT TERRITORY. (a) The
50	50	district is initially composed of the territory described by
51	51	Section 2 of the Act enacting this chapter.
52	52	(b) The boundaries and field notes contained in Section 2 of
53	53	the Act enacting this chapter form a closure. A mistake made in the
54	54	field notes or in copying the field notes in the legislative process
55	55	does not affect the district's:
56	56	(1) organization, existence, or validity;
57	57	(2) right to issue any type of bond for the purposes
58	58	for which the district is created or to pay the principal of and
59	59	interest on a bond;
60	60	(3) right to impose a tax; or
61	61	(4) legality or operation.
62	62	SUBCHAPTER B. BOARD OF DIRECTORS
63	63	Sec. 7929.051. GOVERNING BODY; TERMS. (a) The district is
64	64	governed by a board of five elected directors.
65	65	(b) Except as provided by Section 7929.052, directors serve
66	66	staggered four-year terms.
67	67	Sec. 7929.052. TEMPORARY DIRECTORS. (a) On or after the
68	68	effective date of the Act enacting this chapter, the owner or owners
69	69	of a majority of the assessed value of the real property in the
70	70	district may submit a petition to the commission requesting that
71	71	the commission appoint as temporary directors the five persons
72	72	named in the petition. The commission shall appoint as temporary
73	73	directors the five persons named in the petition.
74	74	(b) Temporary directors serve until the earlier of:
75	75	(1) the date permanent directors are elected under
76	76	Section 7929.003; or
77	77	(2) the fourth anniversary of the effective date of
78	78	the Act enacting this chapter.
79	79	(c) If permanent directors have not been elected under
80	80	Section 7929.003 and the terms of the temporary directors have
81	81	expired, successor temporary directors shall be appointed or
82	82	reappointed as provided by Subsection (d) to serve terms that
83	83	expire on the earlier of:
84	84	(1) the date permanent directors are elected under
85	85	Section 7929.003; or
86	86	(2) the fourth anniversary of the date of the
87	87	appointment or reappointment.
88	88	(d) If Subsection (c) applies, the owner or owners of a
89	89	majority of the assessed value of the real property in the district
90	90	may submit a petition to the commission requesting that the
91	91	commission appoint as successor temporary directors the five
92	92	persons named in the petition. The commission shall appoint as
93	93	successor temporary directors the five persons named in the
94	94	petition.
95	95	SUBCHAPTER C. POWERS AND DUTIES
96	96	Sec. 7929.101. GENERAL POWERS AND DUTIES. The district has
97	97	the powers and duties necessary to accomplish the purposes for
98	98	which the district is created.
99	99	Sec. 7929.102. MUNICIPAL UTILITY DISTRICT POWERS AND
100	100	DUTIES. The district has the powers and duties provided by the
101	101	general law of this state, including Chapters 49 and 54, Water Code,
102	102	applicable to municipal utility districts created under Section 59,
103	103	Article XVI, Texas Constitution.
104	104	Sec. 7929.103. AUTHORITY FOR ROAD PROJECTS. Under Section
105	105	52, Article III, Texas Constitution, the district may design,
106	106	acquire, construct, finance, issue bonds for, improve, operate,
107	107	maintain, and convey to this state, a county, or a municipality for
108	108	operation and maintenance macadamized, graveled, or paved roads, or
109	109	improvements, including storm drainage, in aid of those roads.
110	110	Sec. 7929.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
111	111	road project must meet all applicable construction standards,
112	112	zoning and subdivision requirements, and regulations of each
113	113	municipality in whose corporate limits or extraterritorial
114	114	jurisdiction the road project is located.
115	115	(b) If a road project is not located in the corporate limits
116	116	or extraterritorial jurisdiction of a municipality, the road
117	117	project must meet all applicable construction standards,
118	118	subdivision requirements, and regulations of each county in which
119	119	the road project is located.
120	120	(c) If the state will maintain and operate the road, the
121	121	Texas Transportation Commission must approve the plans and
122	122	specifications of the road project.
123	123	Sec. 7929.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
124	124	OR RESOLUTION. The district shall comply with all applicable
125	125	requirements of any ordinance or resolution that is adopted under
126	126	Section 54.016 or 54.0165, Water Code, and that consents to the
127	127	creation of the district or to the inclusion of land in the
128	128	district.
129	129	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
130	130	Sec. 7929.151. ELECTIONS REGARDING TAXES OR BONDS.
131	131	(a) The district may issue, without an election, bonds and other
132	132	obligations secured by:
133	133	(1) revenue other than ad valorem taxes; or
134	134	(2) contract payments described by Section 7929.153.
135	135	(b) The district must hold an election in the manner
136	136	provided by Chapters 49 and 54, Water Code, to obtain voter approval
137	137	before the district may impose an ad valorem tax or issue bonds
138	138	payable from ad valorem taxes.
139	139	(c) The district may not issue bonds payable from ad valorem
140	140	taxes to finance a road project unless the issuance is approved by a
141	141	vote of a two-thirds majority of the district voters voting at an
142	142	election held for that purpose.
143	143	Sec. 7929.152. OPERATION AND MAINTENANCE TAX. (a) If
144	144	authorized at an election held under Section 7929.151, the district
145	145	may impose an operation and maintenance tax on taxable property in
146	146	the district in accordance with Section 49.107, Water Code.
147	147	(b) The board shall determine the tax rate. The rate may not
148	148	exceed the rate approved at the election.
149	149	Sec. 7929.153. CONTRACT TAXES. (a) In accordance with
150	150	Section 49.108, Water Code, the district may impose a tax other than
151	151	an operation and maintenance tax and use the revenue derived from
152	152	the tax to make payments under a contract after the provisions of
153	153	the contract have been approved by a majority of the district voters
154	154	voting at an election held for that purpose.
155	155	(b) A contract approved by the district voters may contain a
156	156	provision stating that the contract may be modified or amended by
157	157	the board without further voter approval.
158	158	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
159	159	Sec. 7929.201. AUTHORITY TO ISSUE BONDS AND OTHER
160	160	OBLIGATIONS. The district may issue bonds or other obligations
161	161	payable wholly or partly from ad valorem taxes, impact fees,
162	162	revenue, contract payments, grants, or other district money, or any
163	163	combination of those sources, to pay for any authorized district
164	164	purpose.
165	165	Sec. 7929.202. TAXES FOR BONDS. At the time the district
166	166	issues bonds payable wholly or partly from ad valorem taxes, the
167	167	board shall provide for the annual imposition of a continuing
168	168	direct ad valorem tax, without limit as to rate or amount, while all
169	169	or part of the bonds are outstanding as required and in the manner
170	170	provided by Sections 54.601 and 54.602, Water Code.
171	171	Sec. 7929.203. BONDS FOR ROAD PROJECTS. At the time of
172	172	issuance, the total principal amount of bonds or other obligations
173	173	issued or incurred to finance road projects and payable from ad
174	174	valorem taxes may not exceed one-fourth of the assessed value of the
175	175	real property in the district.
176	176	SECTION 2. The Waller County Municipal Utility District No.
177	177	21 initially includes all the territory contained in the following
178	178	area:
179	179	Being a 794.46 acre tract of land in the W. Hillhouse Survey,
180	180	Abstract 136, Waller County, Texas, the F.L. Smith Survey, Abstract
181	181	252, Waller County, Texas, the D. Warren Survey, Abstract 394,
182	182	Waller County, Texas, the W. Rogerson Survey, Abstract 245, Waller
183	183	County, Texas, the R. Watson Survey, Abstract 271, Waller County,
184	184	being out of a called 2023.4232 acre tract of land as recorded under
185	185	Volume 883, Page 590 of the Real Property Records Waller County, and
186	186	Montgomery County Clerk's File No. 2005-063061, and all of a called
187	187	803.86 acre tract of land as recorded in Volume 1330, Page 226, of
188	188	the Real Properties Records of Waller County, Texas. Said 794.46
189	189	acre tract, being more particularly described as follows:
190	190	BEGINNING at a 2" iron pipe found for the southeasterly
191	191	corner of a called 20.0 acre tract of land as recorded in Volume
192	192	1395, Page 146 of the Deed Records of Waller County, Texas;
193	193	THENCE N 03 deg. 35' 03" W along the easterly line of said
194	194	20.0 acre tract, also along the easterly line of a 90.0 acre tract
195	195	as recorded in Volume 1395, Page 146, of the Deed Records of Waller
196	196	County, Texas, a distance of 3024.46 feet (passing at 2986.66' a 1"
197	197	iron pipe) to a 5/8" iron rod set for the northeasterly corner of
198	198	said 90.0 acre tract, also being the southeasterly corner of a
199	199	163.4756 acre tract as recorded in Volume 1395, Page 146, of the
200	200	Deed Records of Waller County, Texas also being the southwesterly
201	201	corner of a 14.995 acre tract as recorded in Volume 1395, Page 146,
202	202	of the Deed Records of Waller County, Texas, and being a
203	203	northwesterly corner of herein described tract;
204	204	THENCE N 87 deg. 24' 23" E along the southerly line of said
205	205	14.995 acre tract, also along a 26.503 acre tract as recorded in
206	206	Volume 252, Page 769 of the Deed Records of Waller County, Texas,
207	207	also along a 26.503 acre tract as recorded in Volume 1253, Page 806,
208	208	of the Deed Records of Waller County, Texas also along a 26.503 acre
209	209	tract as recorded in Volume 249, Page 704 of the Deed Records of
210	210	Montgomery County, Texas, a distance of 5061.12 feet to a 5/8" iron
211	211	rod set for the southwesterly corner of a called 8.807 acre tract of
212	212	land as recorded in Clerk's File No. 2005-063061 of the Real
213	213	Property Records of Montgomery County Texas, also being in the
214	214	southerly Right of Way of the Missouri Pacific Railroad, 150' Right
215	215	of way recorded in Volume 26, Page 320 of the Deed Records of
216	216	Montgomery County, Texas, and being a northerly corner of herein
217	217	described tract;
218	218	THENCE along the southerly line of the said 8.807 acre tract
219	219	and the Railroad Right of Way as follows:
220	220	S 43 deg 56' 21" E a distance of 830.35 feet to a 5/8"
221	221	iron rod set for corner
222	222	THENCE along a curve to the left with a radius of 2021.71
223	223	feet, a chord that bears S 51 deg 09' 41" E, a chord distance of
224	224	429.85' to a 5/8" iron rod set for in the westerly line of a called
225	225	62.677 acre tract of land as recorded in Montgomery County Clerk's
226	226	File No. 2006-059345, and being the most northerly northeast corner
227	227	of the herein described tract;
228	228	THENCE S 01 deg. 38' 08" E along the westerly line of the said
229	229	62.677 acre tract, a distance of 2542.42 feet to 5/8" iron rod
230	230	capped found for the northeasterly corner of a 803.86 acre tract as
231	231	recorded in Volume 1330, Page 226 of the Deed Records of Waller
232	232	County, Texas, also being the northwesterly corner of Ranch Crest
233	233	Subdivision, Section 2, as recorded under Montgomery County Map
234	234	Records in Cabinet Z, Sheet 1741, and being a corner of herein
235	235	described tract;
236	236	THENCE S 01 deg. 38' 07" E along the easterly line the said
237	237	803.86 acre tract, a distance of 1463.36 feet to the southeasterly
238	238	corner of the herein described tract
239	239	THENCE across the said 803.86 acre tract and the said
240	240	2023.4232 acre tract as follows:
241	241	THENCE N 89deg46'05" W, a distance of 1403.20' to a
242	242	point for corner
243	243	THENCE with a curve turning to the right with an arc
244	244	length of 1904.28', having a radius of 2000.00', a chord which
245	245	bears S 39deg16'07" W, a chord length of 1833.16';
246	246	THENCE S 66deg32'44" W, a distance of 498.48' to a point
247	247	for corner
248	248	THENCE with a curve turning to the left with an arc
249	249	length of 1671.08', having a radius of 3500.00', a chord which
250	250	bears S 52deg52'03" W, a chord length of 1655.25';
251	251	THENCE S 39deg11'23" W, a distance of 175.18' to a point
252	252	for corner
253	253	THENCE N 48deg32'01" W, a distance of 1741.71' to a
254	254	point for corner
255	255	THENCE N 01deg42'32" W, a distance of 291.80' to a point
256	256	for corner
257	257	THENCE N 50deg13'03" E, a distance of 936.60' to a point
258	258	for corner
259	259	THENCE N 37deg13'01" W, a distance of 1044.87' to a
260	260	point for corner
261	261	THENCE N 12deg11'39" W, a distance of 614.73' to a point
262	262	for corner
263	263	THENCE N 05deg26'33" W, a distance of 897.80' to the POINT OF
264	264	BEGINNING, and containing 794.46 acres of land, more or less.
265	265	SECTION 3. (a) The legal notice of the intention to
266	266	introduce this Act, setting forth the general substance of this
267	267	Act, has been published as provided by law, and the notice and a
268	268	copy of this Act have been furnished to all persons, agencies,
269	269	officials, or entities to which they are required to be furnished
270	270	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
271	271	Government Code.
272	272	(b) The governor, one of the required recipients, has
273	273	submitted the notice and Act to the Texas Commission on
274	274	Environmental Quality.
275	275	(c) The Texas Commission on Environmental Quality has filed
276	276	its recommendations relating to this Act with the governor, the
277	277	lieutenant governor, and the speaker of the house of
278	278	representatives within the required time.
279	279	(d) All requirements of the constitution and laws of this
280	280	state and the rules and procedures of the legislature with respect
281	281	to the notice, introduction, and passage of this Act are fulfilled
282	282	and accomplished.
283	283	SECTION 4. (a) If this Act does not receive a two-thirds
284	284	vote of all the members elected to each house, Subchapter C, Chapter
285	285	7929, Special District Local Laws Code, as added by Section 1 of
286	286	this Act, is amended by adding Section 7929.106 to read as follows:
287	287	Sec. 7929.106. NO EMINENT DOMAIN POWER. The district may
288	288	not exercise the power of eminent domain.
289	289	(b) This section is not intended to be an expression of a
290	290	legislative interpretation of the requirements of Section 17(c),
291	291	Article I, Texas Constitution.
292	292	SECTION 5. This Act takes effect immediately if it receives
293	293	a vote of two-thirds of all the members elected to each house, as
294	294	provided by Section 39, Article III, Texas Constitution. If this
295	295	Act does not receive the vote necessary for immediate effect, this
296	296	Act takes effect September 1, 2015.
297	297	* * * * *