H.B. No. 4340
AN ACT
relating to the creation of the Williamson County Municipal Utility
District No. 34; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8008 to read as follows:
CHAPTER 8008. WILLIAMSON COUNTY MUNICIPAL UTILITY DISTRICT NO. 34
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8008.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Williamson County Municipal
Utility District No. 34.
Sec. 8008.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8008.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8008.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8008.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8008.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8008.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8008.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8008.052, directors serve
staggered four-year terms.
Sec. 8008.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the commission requesting that
the commission appoint as temporary directors the five persons
named in the petition. The commission shall appoint as temporary
directors the five persons named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8008.003; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8008.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8008.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8008.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8008.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8008.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8008.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
project must meet all applicable construction standards, zoning and
subdivision requirements, and regulations of each municipality in
whose corporate limits or extraterritorial jurisdiction the road
project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8008.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. (a) The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
(b) In addition to all the rights and remedies provided by
other law, if the district violates the terms of an ordinance or
resolution described by Subsection (a), the municipality is
entitled to injunctive relief or a writ of mandamus issued by a
court requiring the district and the district's officials to
observe and comply with the terms of the ordinance or resolution.
Sec. 8008.106. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district without the written consent of the City of Weir.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8008.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by revenue other than ad valorem taxes.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8008.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8008.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8008.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8008.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8008.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Williamson County Municipal Utility District
No. 34 initially includes all the territory contained in the
following area:
BEING 40.00 acres of land, situated in the Samuel Nimmo
Survey, Abstract No. 481, in Williamson County, Texas, said land
being a portion of that certain First Tract, called 121.15 acres, as
conveyed to K&B Limited Partnership by deed as recorded in Volume
2079, Page 68, of the Official Records of Williamson County, Texas.
Surveyed on the ground in the month of August, 2006, under the
supervision of Brian F. Peterson, Registered Professional Land
Surveyor, and being more particularly described as follows;
BEGINNING for Reference at a 1" x 1" steel rod found on the
east side of a ditch, 6 feet west of the edge of pavement on the west
side of County Road No. 120, marking the Northeast corner of the
above-referenced 121.15 acre First Tract, being the most easterly
Southeast corner of that certain Tract No. 1, called 147.32 acres,
as conveyed to Anton P. Schwertner and his wife, Bernice
Schwertner, by deed as recorded in Volume 495, Page 621, of the Deed
Records of Williamson County, Texas;
THENCE, along the north line of the said 121.15 acre Frist
Tract, being the south line of the said 147.32 acre Tract No. 1, S
71° 00' W, 16.33 feet to an iron pin set at the top of a berm on the
occupied west line of County Road No. 120, for the Northeast corner
and Point of BEGINNING hereof;
THENCE, along the top of the said berm along the said occupied
west line of County Road No. 120, S 19° 17' 15" E, 177.12 feet to an
iron pin set; S 18° 04' E, 362.94 feet to an iron pin set; S 19° 01'
30" E, at 420.25 feet pass an iron pin set for a total distance of
774.83 feet, in all, to an iron pin set and S 25° 24' 15" W, 56.52
feet to an iron pin set for the Southeast corner hereof;
THENCE, along the occupied north line of County Road No. 120,
S 44° 07' 45" W, 54.89 feet to an iron pin set; S 70° 25' 45" W, 626,75
feet to an iron pin set; S 67° 35' 30" W, 67.37 feet to an iron pin
set; S 71° 14' 30" W, 362.95 feet to an iron pin set and S 71° 41' 30"
W, 112.64 feet to an iron pin set for the Southwest corner hereof;
THENCE, N 19° 00' W, 1,387.42 feet to an iron pin set on the
said north line of the 121.15 acre First Tract, being the said south
line of the 147.32 acre Tract No. 1, for the Northwest corner
hereof; from said point an iron pin found at an 8" Pecan tree
marking the most easterly Northwest corner of the said 121.15 acre
First Tract, being an interior corner of the said 147.32 acre Tract
No. 1 bears S 71° 00' W, 1,066.11 feet;
THENCE, N 71° 00' E, 1,262.76 feet to the Place of BEGINNING
and containing 40.00 acres of land.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) Section 8008.106, Special District Local
Laws Code, as added by Section 1 of this Act, takes effect only if
this Act receives a two-thirds vote of all the members elected to
each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 8008, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 8008.106 to read as follows:
Sec. 8008.106. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4340 was passed by the House on May
19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4340 was passed by the Senate on May
24, 2017, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor