S.B. No. 2292
relating to the powers and duties of the Meyer Ranch Municipal
Utility District of Comal County; affecting an existing limited
power of eminent domain; providing authority to issue bonds;
providing authority to impose 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 7989 to read as follows:
CHAPTER 7989. MEYER RANCH MUNICIPAL UTILITY DISTRICT OF COMAL
COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7989.001. DEFINITION. In this chapter, "district"
means the Meyer Ranch Municipal Utility District of Comal County.
Sec. 7989.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7989.003. 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.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 7989.051. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7989.052. 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. 7989.053. 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. 7989.054. 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. 7989.055. LIMITATION ON USE OF EMINENT DOMAIN.
(a) The district may not exercise the power of eminent domain
outside the boundaries of the district for any purpose unless the
proposed exercise is approved by a written resolution of the
commissioners court of each county in which the district is
located.
(b) The district may not exercise the power of eminent
domain before the entire board of directors is composed of
directors elected by the residents of the district.
Sec. 7989.056. COMPLIANCE WITH MARCH 2016 AGREEMENT. On
the date the district becomes a permittee under Texas Pollutant
Discharge Elimination System Permit No. WQ0015314001, the district
shall exercise any power necessary to comply with all applicable
terms of the "Settlement Agreement" of March 29, 2016, between
Randolph Todd Company, LLC and:
(1) Patricia and Troy Brand;
(2) Ellen McClellan;
(3) Edward Harris;
(4) Phyllis Yvonne Ritter;
(5) Carole Farmer;
(6) Nelda and Ronald Davis;
(7) Susan Dooley Logue;
(8) Randall and Nancy Pappas;
(9) Daniel and Michele Laroe;
(10) Elizabeth Martin;
(11) Ted Martin;
(12) Taylor Martin;
(13) Hector X. Amaya;
(14) Sabrina Houser-Amaya;
(15) Franklin Houser; and
(16) Bonnie Houser.
SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
Sec. 7989.101. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. (a) 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 a road project
authorized by Section 7989.053.
(b) 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. 7989.102. 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. 7989.103. 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. (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 3. 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 hereby certify that S.B. No. 2292 passed the Senate on
May 19, 2017, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2292 passed the House on
May 24, 2017, by the following vote: Yeas 137, Nays 9, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor