Texas 2015 - 84th Regular

Texas Senate Bill SB2014 Compare Versions

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1	1	By: Kolkhorst S.B. No. 2014
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. 23; 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 7920 to read as follows:
18	18	CHAPTER 7920. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 23
19	19	SUBCHAPTER A. GENERAL PROVISIONS
20	20	Sec. 7920.001. 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. 23.
27	27	Sec. 7920.002. 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. 7920.003. 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. 7920.004. CONSENT OF MUNICIPALITY REQUIRED. The
35	35	temporary directors may not hold an election under Section 7920.003
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. 7920.005. 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. 7920.006. 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. 7920.051. 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 7920.052, directors serve
66	66	staggered four-year terms.
67	67	Sec. 7920.052. 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 7920.003; 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 7920.003 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 7920.003; 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. 7920.101. 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. 7920.102. 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. 7920.103. 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. 7920.104. 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. 7920.105. 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. 7920.151. 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 7920.153.
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. 7920.152. OPERATION AND MAINTENANCE TAX. (a) If
144	144	authorized at an election held under Section 7920.151, 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. 7920.153. 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. 7920.201. 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. 7920.202. 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. 7920.203. 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	23 initially includes all the territory contained in the following
178	178	area:
179	179	Being a 622.88 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. Said 622.88 acre
187	187	tract, being more particularly described as follows:
188	188	BEGINNING at a 1" iron pipe for the southeasterly corner of a
189	189	called 81.00 acre tract of land as recorded in Volume 610, Page 578
190	190	of the deed records of Montgomery County Texas, also being the
191	191	southwesterly corner of the said 2023.4232 acre tract;
192	192	THENCE N 03 deg. 29' 36" W along the easterly line of said
193	193	81.00 acre tract, a distance of 1726.26 feet to a 1" bar found for
194	194	the northeasterly corner of said 81.00 acre tract, and being a
195	195	southwesterly corner of herein described tract;
196	196	THENCE S 86 deg. 39' 20" W along the northerly line of said
197	197	81.00 acre tract, also along the northerly line of 12.572 acre tract
198	198	as recorded under Volume 1070, Page 545 of the Deed Records of
199	199	Waller County, Texas, also along the northerly line of a 45.506 acre
200	200	tract as recorded under Volume 934, Page 241 of the Deed Records of
201	201	Waller County, Texas, a distance of 3519.08 feet to a 2" pipe on the
202	202	northerly line of said 45.506 acre tract, also being the
203	203	southeasterly corner of a 48.0 acre tract as recorded under Volume
204	204	1017, Page 070 of the Deed Records of Waller County, Texas and being
205	205	a southwesterly corner of herein described tract;
206	206	THENCE N 03 deg. 17' 44" W along the easterly line of said
207	207	48.0 acre tract, also along the easterly line of a 10.0 acre tract
208	208	as recorded under Volume 1070, Page 070, Volume 0960, Page 673,
209	209	Volume 1108, Page 241 & 247 of the Deed Records of Waller County,
210	210	Texas, a distance of 1107.47 feet to a concrete monument for the
211	211	northeasterly corner of said 10.0 acre tract, and being a
212	212	southwesterly corner of herein described tract;
213	213	THENCE S 86 deg. 37' 35" W along the northerly line of said
214	214	10.0 acre tract, a distance of 1895.45 feet to a concrete monument
215	215	found for corner of said 10.0 acre tract, also being the easterly
216	216	line of 1384.0 acre tract as recorded in Volume 32, Page 27 of the
217	217	Deed Records of Waller County, Texas, and being a southwesterly
218	218	corner of herein described tract;
219	219	THENCE N 03 deg. 12' 17" W along the easterly line of said
220	220	1384.0 acre tract, a distance of 4066.21 feet to a concrete monument
221	221	on easterly line of said 1384.0 acre tract, also being the
222	222	southwesterly corner of a 229.0 acre tract of land as recorded in
223	223	Volume 72, Page 124 of the Deed records of Waller County, Texas, and
224	224	being a northwesterly corner of herein described tract;
225	225	THENCE N 86 deg. 26' 44" E along the southerly line of said
226	226	229.0 acre tract, a distance of 2690.70 feet to a Fence Corner found
227	227	for the southeasterly corner of said 229.0 acre tract, and being a
228	228	corner of herein described tract;
229	229	THENCE N 03 deg. 02' 22" W along the easterly line of said
230	230	229.0 acre tract, a distance of 938.08 feet to the most northerly
231	231	point of the herein described tract;
232	232	THENCE across the said 2023.4232 acre tract as follows:
233	233	THENCE N 87deg24'30" E, a distance of 976.07' to a point
234	234	for corner
235	235	THENCE S 11deg24'02" E, a distance of 920.79' to a point
236	236	for corner
237	237	THENCE S 22deg31'16" W, a distance of 241.81' to a point
238	238	for corner
239	239	THENCE with a curve turning to the right with an arc
240	240	length of 610.49', having a radius of 2000.00', a chord which bears
241	241	S 59deg55'12" E, a chord length of 608.12';
242	242	THENCE S 51deg10'31" E, a distance of 411.07' to a point
243	243	for corner;
244	244	THENCE with a curve turning to the left with an arc
245	245	length of 158.92', having a radius of 2000.00', a chord which bears
246	246	S 53deg27'06" E, a chord length of 158.88';
247	247	THENCE S 26deg58'13" W, a distance of 188.08' to a point
248	248	for corner
249	249	THENCE with a curve turning to the left with an arc
250	250	length of 1228.20', having a radius of 2800.00', a chord which bears
251	251	S 14deg24'14" W, a chord length of 1218.38';
252	252	THENCE S 86deg11'28" E, a distance of 215.01' to a point
253	253	for corner
254	254	THENCE with a curve turning to the right with an arc
255	255	length of 1128.40', having a radius of 1400.00', a chord which bears
256	256	S 63deg06'03" E, a chord length of 1098.11';
257	257	THENCE with a compound curve turning to the right with
258	258	an arc length of 1073.28', having a radius of 1400.00', a chord
259	259	which bears S 18deg02'54" E, a chord length of 1047.19';
260	260	THENCE S 03deg54'50" W, a distance of 607.93' to a point
261	261	for corner
262	262	THENCE N 89deg47'45" E, a distance of 1008.22' to a
263	263	point for corner
264	264	THENCE S 08deg13'31" E, a distance of 1330.08' to a
265	265	point for corner
266	266	THENCE S 10deg42'18" E, a distance of 566.69' to a point
267	267	for corner
268	268	THENCE S 33deg15'32" W, a distance of 378.47' to a point
269	269	for corner
270	270	THENCE S 02deg10'05" E, a distance of 196.50' to a point for
271	271	corner in the northerly Right of Way of FM 1488;
272	272	THENCE S 87 deg. 27' 46" W along the northerly line of FM
273	273	1488, a distance of 467.88 feet to a 5/8" iron rod set along the
274	274	northerly Right of Way of FM 1488;
275	275	THENCE along a curve to the left having a radius of 1975.31
276	276	feet, a chord that bears S 81 deg. 30' 29" W, a distance of 408.03
277	277	feet along the northerly line of FM 1488, to a 5/8" iron rod set for
278	278	an angle point of the herein described tract;
279	279	THENCE S 86 deg 29' 45" W, a distance of 194.36 feet to the
280	280	POINT OF BEGINNING, and containing 622.88 acres of land, more or
281	281	less.
282	282	SECTION 3. (a) The legal notice of the intention to
283	283	introduce this Act, setting forth the general substance of this
284	284	Act, has been published as provided by law, and the notice and a
285	285	copy of this Act have been furnished to all persons, agencies,
286	286	officials, or entities to which they are required to be furnished
287	287	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
288	288	Government Code.
289	289	(b) The governor, one of the required recipients, has
290	290	submitted the notice and Act to the Texas Commission on
291	291	Environmental Quality.
292	292	(c) The Texas Commission on Environmental Quality has filed
293	293	its recommendations relating to this Act with the governor, the
294	294	lieutenant governor, and the speaker of the house of
295	295	representatives within the required time.
296	296	(d) All requirements of the constitution and laws of this
297	297	state and the rules and procedures of the legislature with respect
298	298	to the notice, introduction, and passage of this Act are fulfilled
299	299	and accomplished.
300	300	SECTION 4. (a) If this Act does not receive a two-thirds
301	301	vote of all the members elected to each house, Subchapter C, Chapter
302	302	7920, Special District Local Laws Code, as added by Section 1 of
303	303	this Act, is amended by adding Section 7920.106 to read as follows:
304	304	Sec. 7920.106. NO EMINENT DOMAIN POWER. The district may
305	305	not exercise the power of eminent domain.
306	306	(b) This section is not intended to be an expression of a
307	307	legislative interpretation of the requirements of Section 17(c),
308	308	Article I, Texas Constitution.
309	309	SECTION 5. This Act takes effect immediately if it receives
310	310	a vote of two-thirds of all the members elected to each house, as
311	311	provided by Section 39, Article III, Texas Constitution. If this
312	312	Act does not receive the vote necessary for immediate effect, this
313	313	Act takes effect September 1, 2015.
314	314	* * * * *