Texas 2019 - 86th Regular

Texas House Bill HB3209 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3209
	1	+	By: Bell of Montgomery H.B. No. 3209
	2	+	(Senate Sponsor - Kolkhorst)
	3	+	(In the Senate - Received from the House May 6, 2019;
	4	+	May 6, 2019, read first time and referred to Committee on
	5	+	Intergovernmental Relations; May 15, 2019, reported favorably by
	6	+	the following vote: Yeas 7, Nays 0; May 15, 2019, sent to printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the creation of the Waller County Municipal Utility
6	13		District No. 35; granting a limited power of eminent domain;
7	14		providing authority to issue bonds; providing authority to impose
8	15		assessments, fees, and taxes.
9	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	17		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	18		Code, is amended by adding Chapter 8071 to read as follows:
12	19		CHAPTER 8071. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 35
13	20		SUBCHAPTER A. GENERAL PROVISIONS
14	21		Sec. 8071.0101. DEFINITIONS. In this chapter:
15	22		(1) "Board" means the district's board of directors.
16	23		(2) "Commission" means the Texas Commission on
17	24		Environmental Quality.
18	25		(3) "Director" means a board member.
19	26		(4) "District" means the Waller County Municipal
20	27		Utility District No. 35.
21	28		Sec. 8071.0102. NATURE OF DISTRICT. The district is a
22	29		municipal utility district created under Section 59, Article XVI,
23	30		Texas Constitution.
24	31		Sec. 8071.0103. CONFIRMATION AND DIRECTOR ELECTION
25	32		REQUIRED. The temporary directors shall hold an election to
26	33		confirm the creation of the district and to elect five permanent
27	34		directors as provided by Section 49.102, Water Code.
28	35		Sec. 8071.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	36		temporary directors may not hold an election under Section
30	37		8071.0103 until each municipality in whose corporate limits or
31	38		extraterritorial jurisdiction the district is located has
32	39		consented by ordinance or resolution to the creation of the
33	40		district and to the inclusion of land in the district.
34	41		Sec. 8071.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	42		(a) The district is created to serve a public purpose and benefit.
36	43		(b) The district is created to accomplish the purposes of:
37	44		(1) a municipal utility district as provided by
38	45		general law and Section 59, Article XVI, Texas Constitution; and
39	46		(2) Section 52, Article III, Texas Constitution, that
40	47		relate to the construction, acquisition, improvement, operation,
41	48		or maintenance of macadamized, graveled, or paved roads, or
42	49		improvements, including storm drainage, in aid of those roads.
43	50		Sec. 8071.0106. INITIAL DISTRICT TERRITORY. (a) The
44	51		district is initially composed of the territory described by
45	52		Section 2 of the Act enacting this chapter.
46	53		(b) The boundaries and field notes contained in Section 2 of
47	54		the Act enacting this chapter form a closure. A mistake made in the
48	55		field notes or in copying the field notes in the legislative process
49	56		does not affect the district's:
50	57		(1) organization, existence, or validity;
51	58		(2) right to issue any type of bond for the purposes
52	59		for which the district is created or to pay the principal of and
53	60		interest on a bond;
54	61		(3) right to impose a tax; or
55	62		(4) legality or operation.
56	63		SUBCHAPTER B. BOARD OF DIRECTORS
57	64		Sec. 8071.0201. GOVERNING BODY; TERMS. (a) The district is
58	65		governed by a board of five elected directors.
59	66		(b) Except as provided by Section 8071.0202, directors
60	67		serve staggered four-year terms.
61	68		Sec. 8071.0202. TEMPORARY DIRECTORS. (a) On or after the
62	69		effective date of the Act enacting this chapter, the owner or owners
63	70		of a majority of the assessed value of the real property in the
64	71		district may submit a petition to the commission requesting that
65	72		the commission appoint as temporary directors the five persons
66	73		named in the petition. The commission shall appoint as temporary
67	74		directors the five persons named in the petition.
68	75		(b) Temporary directors serve until the earlier of:
69	76		(1) the date permanent directors are elected under
70	77		Section 8071.0103; or
71	78		(2) the fourth anniversary of the effective date of
72	79		the Act enacting this chapter.
73	80		(c) If permanent directors have not been elected under
74	81		Section 8071.0103 and the terms of the temporary directors have
75	82		expired, successor temporary directors shall be appointed or
76	83		reappointed as provided by Subsection (d) to serve terms that
77	84		expire on the earlier of:
78	85		(1) the date permanent directors are elected under
79	86		Section 8071.0103; or
80	87		(2) the fourth anniversary of the date of the
81	88		appointment or reappointment.
82	89		(d) If Subsection (c) applies, the owner or owners of a
83	90		majority of the assessed value of the real property in the district
84	91		may submit a petition to the commission requesting that the
85	92		commission appoint as successor temporary directors the five
86	93		persons named in the petition. The commission shall appoint as
87	94		successor temporary directors the five persons named in the
88	95		petition.
89	96		SUBCHAPTER C. POWERS AND DUTIES
90	97		Sec. 8071.0301. GENERAL POWERS AND DUTIES. The district
91	98		has the powers and duties necessary to accomplish the purposes for
92	99		which the district is created.
93	100		Sec. 8071.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	101		DUTIES. The district has the powers and duties provided by the
95	102		general law of this state, including Chapters 49 and 54, Water Code,
96	103		applicable to municipal utility districts created under Section 59,
97	104		Article XVI, Texas Constitution.
98	105		Sec. 8071.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99	106		52, Article III, Texas Constitution, the district may design,
100	107		acquire, construct, finance, issue bonds for, improve, operate,
101	108		maintain, and convey to this state, a county, or a municipality for
102	109		operation and maintenance macadamized, graveled, or paved roads, or
103	110		improvements, including storm drainage, in aid of those roads.
104	111		Sec. 8071.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	112		road project must meet all applicable construction standards,
106	113		zoning and subdivision requirements, and regulations of each
107	114		municipality in whose corporate limits or extraterritorial
108	115		jurisdiction the road project is located.
109	116		(b) If a road project is not located in the corporate limits
110	117		or extraterritorial jurisdiction of a municipality, the road
111	118		project must meet all applicable construction standards,
112	119		subdivision requirements, and regulations of each county in which
113	120		the road project is located.
114	121		(c) If the state will maintain and operate the road, the
115	122		Texas Transportation Commission must approve the plans and
116	123		specifications of the road project.
117	124		Sec. 8071.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118	125		ORDINANCE OR RESOLUTION. The district shall comply with all
119	126		applicable requirements of any ordinance or resolution that is
120	127		adopted under Section 54.016 or 54.0165, Water Code, and that
121	128		consents to the creation of the district or to the inclusion of land
122	129		in the district.
123	130		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
124	131		Sec. 8071.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
125	132		The district may issue, without an election, bonds and other
126	133		obligations secured by:
127	134		(1) revenue other than ad valorem taxes; or
128	135		(2) contract payments described by Section 8071.0403.
129	136		(b) The district must hold an election in the manner
130	137		provided by Chapters 49 and 54, Water Code, to obtain voter approval
131	138		before the district may impose an ad valorem tax or issue bonds
132	139		payable from ad valorem taxes.
133	140		(c) The district may not issue bonds payable from ad valorem
134	141		taxes to finance a road project unless the issuance is approved by a
135	142		vote of a two-thirds majority of the district voters voting at an
136	143		election held for that purpose.
137	144		Sec. 8071.0402. OPERATION AND MAINTENANCE TAX. (a) If
138	145		authorized at an election held under Section 8071.0401, the
139	146		district may impose an operation and maintenance tax on taxable
140	147		property in the district in accordance with Section 49.107, Water
141	148		Code.
142	149		(b) The board shall determine the tax rate. The rate may not
143	150		exceed the rate approved at the election.
144	151		Sec. 8071.0403. CONTRACT TAXES. (a) In accordance with
145	152		Section 49.108, Water Code, the district may impose a tax other than
146	153		an operation and maintenance tax and use the revenue derived from
147	154		the tax to make payments under a contract after the provisions of
148	155		the contract have been approved by a majority of the district voters
149	156		voting at an election held for that purpose.
150	157		(b) A contract approved by the district voters may contain a
151	158		provision stating that the contract may be modified or amended by
152	159		the board without further voter approval.
153	160		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	161		Sec. 8071.0501. AUTHORITY TO ISSUE BONDS AND OTHER
155	162		OBLIGATIONS. The district may issue bonds or other obligations
156	163		payable wholly or partly from ad valorem taxes, impact fees,
157	164		revenue, contract payments, grants, or other district money, or any
158	165		combination of those sources, to pay for any authorized district
159	166		purpose.
160	167		Sec. 8071.0502. TAXES FOR BONDS. At the time the district
161	168		issues bonds payable wholly or partly from ad valorem taxes, the
162	169		board shall provide for the annual imposition of a continuing
163	170		direct ad valorem tax, without limit as to rate or amount, while all
164	171		or part of the bonds are outstanding as required and in the manner
165	172		provided by Sections 54.601 and 54.602, Water Code.
166	173		Sec. 8071.0503. BONDS FOR ROAD PROJECTS. At the time of
167	174		issuance, the total principal amount of bonds or other obligations
168	175		issued or incurred to finance road projects and payable from ad
169	176		valorem taxes may not exceed one-fourth of the assessed value of the
170	177		real property in the district.
171	178		SECTION 2. The Waller County Municipal Utility District No.
172	179		35 initially includes all the territory contained in the following
173	180		area:
174	181		A metes & bounds description of a 696.27 acre tract of land in
175	182		the Fred Eule Survey, Abstract 375, the H. & T. C. Railroad Company
176	183		Survey Section 129, Abstract 204, and the W. I. Williamson Survey,
177	184		Abstract 410, Waller County, Texas, being comprised of a portion of
178	185		that certain called 1,263.584 acre tract recorded in Volume 449,
179	186		Page 312, Deed Records, Waller County, Texas, and a portion of that
180	187		certain called 0.673 acre tract recorded in Volume 449, Page 508,
181	188		Deed Records, Waller County, Texas, with all bearings based upon
182	189		the Texas Coordinate System of 1983, South Central Zone, based upon
183	190		GPS observations.
184	191		Beginning at the southwest corner of said H. & T. C. Railroad
185	192		Company Survey Section 129, Abstract 204, same being the southeast
186	193		corner of said Fred Eule Survey, Abstract 375, for an angle point in
187	194		the south line and the Point of Beginning of the herein described
188	195		tract, said point also being the northwest corner of the adjoining
189	196		J. W. McCutcheon Survey, Abstract 308, and the northeast corner of
190	197		the adjoining H. & T. C. Railroad Company Survey Section 121,
191	198		Abstract 201, and being an angle point in the north line of the
192	199		adjoining residue of a called 1,277.0358 acre tract recorded in
193	200		Volume 313, Page 416, Deed Records, Waller County, Texas;
194	201		Thence South 87 degrees 59 minutes 38 seconds West along the
195	202		south line of the herein described tract and the south line of said
196	203		Fred Eule Survey, Abstract 375, same being the north line of said
197	204		adjoining H. & T. C. Railroad Company Survey Section 121, Abstract
198	205		201, 2,621.09 feet to the southwest corner of the herein described
199	206		tract and said called 1,263.584 acre tract, same being the
200	207		southeast corner of an adjoining called 162.614 acre tract recorded
201	208		under County Clerk's File Number 1700518, Official Records, Waller
202	209		County, Texas;
203	210		Thence North 01 degree 56 minutes 12 seconds West along the
204	211		west line of the herein described tract, same being the east line of
205	212		said adjoining called 162.614 acre tract, 2,657.26 feet to an angle
206	213		point, said point being the northeast corner of said adjoining
207	214		called 162.614 acre tract, same being the southeast corner of an
208	215		adjoining called 4.00 acre tract recorded in Volume 1101, Page 526,
209	216		Official Records, Waller County, Texas;
210	217		Thence North 01 degree 59 minutes 04 seconds West along the
211	218		west line of the herein described tract, same being the east line of
212	219		said adjoining called 4.00 acre tract, the east line of an adjoining
213	220		called 5.00 acre tract recorded in Volume 419, Page 367, Deed
214	221		Records, Waller County, Texas, the east line of an adjoining called
215	222		5.00 acre tract recorded in Volume 396, Page 104, Deed Records,
216	223		Waller County, Texas, the east line of an adjoining called 6.000
217	224		acre tract recorded in Volume 1361, Page 796, Official Records,
218	225		Waller County, Texas, and the east line of an adjoining called 10.00
219	226		acre tract recorded in Volume 1020, Page 776, Official Records,
220	227		Waller County, Texas, 2,624.91 feet to the lower northwest corner
221	228		of the herein described tract and said called 1,263.584 acre tract,
222	229		said point being in the north line of said Fred Eule Survey,
223	230		Abstract 375, same being the south line of the adjoining H. & T. C.
224	231		Railroad Company Survey Section 119, Abstract 200, as located in
225	232		Beckendorff Road, said point being the southeast corner of an
226	233		adjoining tract recorded in Volume 0995, Page 461, Official
227	234		Records, Waller County, Texas, same being the southwest corner of
228	235		an adjoining called 19.0983 acre tract recorded in Volume 1181,
229	236		Page 588, Official Records, Waller County, Texas;
230	237		Thence North 88 degrees 01 minute 40 seconds East along the
231	238		lower north line of the herein described tract and said called
232	239		1,263.584 acre tract, and the north line of said Fred Eule Survey,
233	240		Abstract 375, same being the south line of said adjoining H. & T. C.
234	241		Railroad Company Survey Section 119, Abstract 200, as located in
235	242		Beckendorff Road, and along the south line of said adjoining called
236	243		19.0983 acre tract, the south line of an adjoining called 19.098
237	244		acre tract recorded in Volume 686, Page 894, Official Records,
238	245		Waller County, Texas, and the south line of an adjoining called
239	246		19.0984 acre tract recorded in Volume 657, Page 415, Official
240	247		Records, Waller County, Texas, 2,585.25 feet to a reentry corner to
241	248		the herein described tract and said called 1,263.584 acre tract,
242	249		said point being the southeast corner of said adjoining H. & T. C.
243	250		Railroad Company Survey Section 119, Abstract 200, the southwest
244	251		corner of said W. I. Williamson Survey, Abstract 410, the northwest
245	252		corner of said H. & T. C. Railroad Company Survey Section 129,
246	253		Abstract 204, and the northeast corner of said Fred Eule Survey,
247	254		Abstract 375;
248	255		Thence North 02 degrees 16 minutes 26 seconds West along the
249	256		upper west line of the herein described tract and said called
250	257		1,263.584 acre tract, and the west line of said W. I. Williamson
251	258		Survey, Abstract 410, same being the east line of said adjoining H. &
252	259		T. C. Railroad Company Survey Section 119, Abstract 200, and being
253	260		along the east line of said adjoining called 19.0984 acre tract, the
254	261		east line of an adjoining called 35.3053 acre tract recorded in
255	262		Volume 994, Page 833, Official Records, Waller County, Texas, the
256	263		east line of an adjoining called 31.987 acre tract recorded in
257	264		Volume 757, Page 834, Official Records, Waller County, Texas, and
258	265		the east line of an adjoining called 50 acre tract recorded in
259	266		Volume 314, Page 159, Deed Records, Waller County, Texas, 2,654.17
260	267		feet to the upper northwest corner of the herein described tract and
261	268		the northwest corner of the aforementioned called 0.673 acre tract,
262	269		said point being the northwest corner of said W. I. Williamson
263	270		Survey, Abstract 410, same being the southwest corner of the
264	271		adjoining W. C. Pitts Survey, Abstract 411, and the southwest
265	272		corner of an adjoining called 0.652 acre tract recorded in Volume
266	273		1094, Page 575, Official Records, Waller County, Texas;
267	274		Thence North 88 degrees 01 minute 17 seconds East along the
268	275		north line of the herein described tract, the north line of said
269	276		called 0.673 acre tract, and the north line of said W. I. Williamson
270	277		Survey, Abstract 410, same being the south line of said adjoining W.
271	278		C. Pitts Survey, Abstract 411, the south line of said adjoining
272	279		called 0.652 acre tract, and the south line of an adjoining called
273	280		57.3029 acre tract recorded in Volume 619, Page 220, Official
274	281		Records, Waller County, Texas, 960.90 feet to the intersection of
275	282		said line with the Waller-Harris County line for the northeast
276	283		corner of the herein described tract;
277	284		Thence South 18 degrees 54 minutes 19 seconds East along the
278	285		Waller-Harris County line, 8,291.16 feet to the intersection of
279	286		said line with the south line of the aforementioned H. & T. C.
280	287		Railroad Company Survey Section 129, Abstract 204, for the
281	288		southeast corner of the herein described tract, said point being in
282	289		the south line of said called 1,263.584 acre tract, same being the
283	290		north line of the aforementioned adjoining J. W. McCutcheon Survey
284	291		Section 130, Abstract 308, and the north line of the aforementioned
285	292		adjoining residue of a called 1,277.0358 acre tract recorded in
286	293		Volume 313, Page 416, Deed Records, Waller County, Texas;
287	294		Thence South 87 degrees 58 minutes 25 seconds West along the
288	295		south line of the herein described tract and said H. & T. C.
289	296		Railroad Company Survey Section 129, Abstract 204, same being the
290	297		north line of said adjoining J. W. McCutcheon Survey Section 130,
291	298		Abstract 308, and the north line of said adjoining residue of a
292	299		called 1,277.0358 acre tract, 3,327.01 feet to the southwest corner
293	300		of said H. & T. C. Railroad Company Survey Section 129, Abstract
294	301		204, same being the southeast corner of the aforementioned Fred
295	302		Eule Survey, Abstract 375;
296	303		Thence North 02 degrees 20 minutes 57 seconds West along the
297	304		west line of said H. & T. C. Railroad Company Survey Section 129,
298	305		Abstract 204, same being the east line of said Fred Eule Survey,
299	306		Abstract 375, 53.43 feet to the southeast corner of an adjoining
300	307		called 10.00 acre tract recorded in Volume 200, Page 118, Deed
301	308		Records, Waller County, Texas;
302	309		Thence along the common line of the herein described tract
303	310		and said adjoining called 10.00 acre tract with the following
304	311		courses and distances:
305	312		North 02 degrees 20 minutes 57 seconds West, 660.00 feet;
306	313		South 87 degrees 29 minutes 25 seconds West, 660.00 feet;
307	314		South 02 degrees 20 minutes 57 seconds East, 660.00 feet;
308	315		North 87 degrees 29 minutes 25 seconds East, 660.00 feet to
309	316		the southeast corner of said adjoining called 10.00 acre tract,
310	317		said point being in the east line of said Fred Eule Survey, Abstract
311	318		375, same being the west line of said H. & T. C. Railroad Company
312	319		Survey Section 129, Abstract 204;
313	320		Thence South 02 degrees 20 minutes 57 seconds East along the
314	321		east line of said Fred Eule Survey, Abstract 375, same being the
315	322		west line of said H. & T. C. Railroad Company Survey Section 129,
316	323		Abstract 204, 53.43 feet to the Point of Beginning and containing
317	324		696.27 acres of land, more or less.
318	325		SECTION 3. (a) The legal notice of the intention to
319	326		introduce this Act, setting forth the general substance of this
320	327		Act, has been published as provided by law, and the notice and a
321	328		copy of this Act have been furnished to all persons, agencies,
322	329		officials, or entities to which they are required to be furnished
323	330		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
324	331		Government Code.
325	332		(b) The governor, one of the required recipients, has
326	333		submitted the notice and Act to the Texas Commission on
327	334		Environmental Quality.
328	335		(c) The Texas Commission on Environmental Quality has filed
329	336		its recommendations relating to this Act with the governor, the
330	337		lieutenant governor, and the speaker of the house of
331	338		representatives within the required time.
332	339		(d) All requirements of the constitution and laws of this
333	340		state and the rules and procedures of the legislature with respect
334	341		to the notice, introduction, and passage of this Act are fulfilled
335	342		and accomplished.
336	343		SECTION 4. (a) If this Act does not receive a two-thirds
337	344		vote of all the members elected to each house, Subchapter C, Chapter
338	345		8071, Special District Local Laws Code, as added by Section 1 of
339	346		this Act, is amended by adding Section 8071.0306 to read as follows:
340	347		Sec. 8071.0306. NO EMINENT DOMAIN POWER. The district may
341	348		not exercise the power of eminent domain.
342	349		(b) This section is not intended to be an expression of a
343	350		legislative interpretation of the requirements of Section 17(c),
344	351		Article I, Texas Constitution.
345	352		SECTION 5. This Act takes effect immediately if it receives
346	353		a vote of two-thirds of all the members elected to each house, as
347	354		provided by Section 39, Article III, Texas Constitution. If this
348	355		Act does not receive the vote necessary for immediate effect, this
349	356		Act takes effect September 1, 2019.
350		-	______________________________ ______________________________
351		-	President of the Senate Speaker of the House
352		-	I certify that H.B. No. 3209 was passed by the House on May 3,
353		-	2019, by the following vote: Yeas 123, Nays 17, 2 present, not
354		-	voting.
355		-	______________________________
356		-	Chief Clerk of the House
357		-	I certify that H.B. No. 3209 was passed by the Senate on May
358		-	21, 2019, by the following vote: Yeas 30, Nays 1.
359		-	______________________________
360		-	Secretary of the Senate
361		-	APPROVED: _____________________
362		-	Date
363		-	_____________________
364		-	Governor
	357	+	* * * * *