Texas 2019 - 86th Regular

Texas Senate Bill SB2473 Compare Versions

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11 86R9178 SLB-F
22 By: Kolkhorst S.B. No. 2473
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the Waller County Municipal Utility
88 District No. 34; granting a limited power of eminent domain;
99 providing authority to issue bonds; providing authority to impose
1010 assessments, fees, and taxes.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1313 Code, is amended by adding Chapter 8046 to read as follows:
1414 CHAPTER 8046. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 34
1515 SUBCHAPTER A. GENERAL PROVISIONS
1616 Sec. 8046.0101. DEFINITIONS. In this chapter:
1717 (1) "Board" means the district's board of directors.
1818 (2) "Commission" means the Texas Commission on
1919 Environmental Quality.
2020 (3) "Director" means a board member.
2121 (4) "District" means the Waller County Municipal
2222 Utility District No. 34.
2323 Sec. 8046.0102. NATURE OF DISTRICT. The district is a
2424 municipal utility district created under Section 59, Article XVI,
2525 Texas Constitution.
2626 Sec. 8046.0103. CONFIRMATION AND DIRECTOR ELECTION
2727 REQUIRED. The temporary directors shall hold an election to
2828 confirm the creation of the district and to elect five permanent
2929 directors as provided by Section 49.102, Water Code.
3030 Sec. 8046.0104. CONSENT OF MUNICIPALITY REQUIRED. The
3131 temporary directors may not hold an election under Section
3232 8046.0103 until each municipality in whose corporate limits or
3333 extraterritorial jurisdiction the district is located has
3434 consented by ordinance or resolution to the creation of the
3535 district and to the inclusion of land in the district.
3636 Sec. 8046.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3737 (a) The district is created to serve a public purpose and benefit.
3838 (b) The district is created to accomplish the purposes of:
3939 (1) a municipal utility district as provided by
4040 general law and Section 59, Article XVI, Texas Constitution; and
4141 (2) Section 52, Article III, Texas Constitution, that
4242 relate to the construction, acquisition, improvement, operation,
4343 or maintenance of macadamized, graveled, or paved roads, or
4444 improvements, including storm drainage, in aid of those roads.
4545 Sec. 8046.0106. INITIAL DISTRICT TERRITORY. (a) The
4646 district is initially composed of the territory described by
4747 Section 2 of the Act enacting this chapter.
4848 (b) The boundaries and field notes contained in Section 2 of
4949 the Act enacting this chapter form a closure. A mistake made in the
5050 field notes or in copying the field notes in the legislative process
5151 does not affect the district's:
5252 (1) organization, existence, or validity;
5353 (2) right to issue any type of bond for the purposes
5454 for which the district is created or to pay the principal of and
5555 interest on a bond;
5656 (3) right to impose a tax; or
5757 (4) legality or operation.
5858 SUBCHAPTER B. BOARD OF DIRECTORS
5959 Sec. 8046.0201. GOVERNING BODY; TERMS. (a) The district is
6060 governed by a board of five elected directors.
6161 (b) Except as provided by Section 8046.0202, directors
6262 serve staggered four-year terms.
6363 Sec. 8046.0202. TEMPORARY DIRECTORS. (a) On or after the
6464 effective date of the Act enacting this chapter, the owner or owners
6565 of a majority of the assessed value of the real property in the
6666 district may submit a petition to the commission requesting that
6767 the commission appoint as temporary directors the five persons
6868 named in the petition. The commission shall appoint as temporary
6969 directors the five persons named in the petition.
7070 (b) Temporary directors serve until the earlier of:
7171 (1) the date permanent directors are elected under
7272 Section 8046.0103; or
7373 (2) the fourth anniversary of the effective date of
7474 the Act enacting this chapter.
7575 (c) If permanent directors have not been elected under
7676 Section 8046.0103 and the terms of the temporary directors have
7777 expired, successor temporary directors shall be appointed or
7878 reappointed as provided by Subsection (d) to serve terms that
7979 expire on the earlier of:
8080 (1) the date permanent directors are elected under
8181 Section 8046.0103; or
8282 (2) the fourth anniversary of the date of the
8383 appointment or reappointment.
8484 (d) If Subsection (c) applies, the owner or owners of a
8585 majority of the assessed value of the real property in the district
8686 may submit a petition to the commission requesting that the
8787 commission appoint as successor temporary directors the five
8888 persons named in the petition. The commission shall appoint as
8989 successor temporary directors the five persons named in the
9090 petition.
9191 SUBCHAPTER C. POWERS AND DUTIES
9292 Sec. 8046.0301. GENERAL POWERS AND DUTIES. The district
9393 has the powers and duties necessary to accomplish the purposes for
9494 which the district is created.
9595 Sec. 8046.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
9696 DUTIES. The district has the powers and duties provided by the
9797 general law of this state, including Chapters 49 and 54, Water Code,
9898 applicable to municipal utility districts created under Section 59,
9999 Article XVI, Texas Constitution.
100100 Sec. 8046.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
101101 52, Article III, Texas Constitution, the district may design,
102102 acquire, construct, finance, issue bonds for, improve, operate,
103103 maintain, and convey to this state, a county, or a municipality for
104104 operation and maintenance macadamized, graveled, or paved roads, or
105105 improvements, including storm drainage, in aid of those roads.
106106 Sec. 8046.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107107 road project must meet all applicable construction standards,
108108 zoning and subdivision requirements, and regulations of each
109109 municipality in whose corporate limits or extraterritorial
110110 jurisdiction the road project is located.
111111 (b) If a road project is not located in the corporate limits
112112 or extraterritorial jurisdiction of a municipality, the road
113113 project must meet all applicable construction standards,
114114 subdivision requirements, and regulations of each county in which
115115 the road project is located.
116116 (c) If the state will maintain and operate the road, the
117117 Texas Transportation Commission must approve the plans and
118118 specifications of the road project.
119119 Sec. 8046.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120120 ORDINANCE OR RESOLUTION. The district shall comply with all
121121 applicable requirements of any ordinance or resolution that is
122122 adopted under Section 54.016 or 54.0165, Water Code, and that
123123 consents to the creation of the district or to the inclusion of land
124124 in the district.
125125 Sec. 8046.0306. DIVISION OF DISTRICT. (a) The district may
126126 be divided into two or more new districts only if the district:
127127 (1) has no outstanding bonded debt; and
128128 (2) is not imposing ad valorem taxes.
129129 (b) This chapter applies to any new district created by the
130130 division of the district, and a new district has all the powers and
131131 duties of the district.
132132 (c) Any new district created by the division of the district
133133 may not, at the time the new district is created, contain any land
134134 outside the area described by Section 2 of the Act creating this
135135 chapter.
136136 (d) The board, on its own motion or on receipt of a petition
137137 signed by the owner or owners of a majority of the assessed value of
138138 the real property in the district, may adopt an order dividing the
139139 district.
140140 (e) The board may adopt an order dividing the district
141141 before or after the date the board holds an election under Section
142142 8046.0103 to confirm the district's creation.
143143 (f) An order dividing the district shall:
144144 (1) name each new district;
145145 (2) include the metes and bounds description of the
146146 territory of each new district;
147147 (3) appoint temporary directors for each new district;
148148 and
149149 (4) provide for the division of assets and liabilities
150150 between or among the new districts.
151151 (g) On or before the 30th day after the date of adoption of
152152 an order dividing the district, the district shall file the order
153153 with the commission and record the order in the real property
154154 records of each county in which the district is located.
155155 (h) Any new district created by the division of the district
156156 shall hold a confirmation and directors' election as required by
157157 Section 8046.0103.
158158 (i) Municipal consent to the creation of the district and to
159159 the inclusion of land in the district granted under Section
160160 8046.0104 acts as municipal consent to the creation of any new
161161 district created by the division of the district and to the
162162 inclusion of land in the new district.
163163 (j) Any new district created by the division of the district
164164 must hold an election as required by this chapter to obtain voter
165165 approval before the district may impose a maintenance tax or issue
166166 bonds payable wholly or partly from ad valorem taxes.
167167 (k) If the creation of the new district is confirmed, the
168168 new district shall provide the election date and results to the
169169 commission.
170170 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
171171 Sec. 8046.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
172172 The district may issue, without an election, bonds and other
173173 obligations secured by:
174174 (1) revenue other than ad valorem taxes; or
175175 (2) contract payments described by Section 8046.0403.
176176 (b) The district must hold an election in the manner
177177 provided by Chapters 49 and 54, Water Code, to obtain voter approval
178178 before the district may impose an ad valorem tax or issue bonds
179179 payable from ad valorem taxes.
180180 (c) The district may not issue bonds payable from ad valorem
181181 taxes to finance a road project unless the issuance is approved by a
182182 vote of a two-thirds majority of the district voters voting at an
183183 election held for that purpose.
184184 Sec. 8046.0402. OPERATION AND MAINTENANCE TAX. (a) If
185185 authorized at an election held under Section 8046.0401, the
186186 district may impose an operation and maintenance tax on taxable
187187 property in the district in accordance with Section 49.107, Water
188188 Code.
189189 (b) The board shall determine the tax rate. The rate may not
190190 exceed the rate approved at the election.
191191 Sec. 8046.0403. CONTRACT TAXES. (a) In accordance with
192192 Section 49.108, Water Code, the district may impose a tax other than
193193 an operation and maintenance tax and use the revenue derived from
194194 the tax to make payments under a contract after the provisions of
195195 the contract have been approved by a majority of the district voters
196196 voting at an election held for that purpose.
197197 (b) A contract approved by the district voters may contain a
198198 provision stating that the contract may be modified or amended by
199199 the board without further voter approval.
200200 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
201201 Sec. 8046.0501. AUTHORITY TO ISSUE BONDS AND OTHER
202202 OBLIGATIONS. The district may issue bonds or other obligations
203203 payable wholly or partly from ad valorem taxes, impact fees,
204204 revenue, contract payments, grants, or other district money, or any
205205 combination of those sources, to pay for any authorized district
206206 purpose.
207207 Sec. 8046.0502. TAXES FOR BONDS. At the time the district
208208 issues bonds payable wholly or partly from ad valorem taxes, the
209209 board shall provide for the annual imposition of a continuing
210210 direct ad valorem tax, without limit as to rate or amount, while all
211211 or part of the bonds are outstanding as required and in the manner
212212 provided by Sections 54.601 and 54.602, Water Code.
213213 Sec. 8046.0503. BONDS FOR ROAD PROJECTS. At the time of
214214 issuance, the total principal amount of bonds or other obligations
215215 issued or incurred to finance road projects and payable from ad
216216 valorem taxes may not exceed one-fourth of the assessed value of the
217217 real property in the district.
218218 SECTION 2. The Waller County Municipal Utility District No.
219219 34 initially includes all the territory contained in the following
220220 area:
221221 A METES & BOUNDS description of a certain 3,791 acre
222222 (165,143,925 square feet) tract of land situated in the W.
223223 McCutchen (H. & T.C. R.R. Co.) Survey, Abstract No. 312, H. & T.C.
224224 R.R. Co. Survey, Abstract No. 145, W. McCutchen (H. & T.C. R.R. Co.)
225225 Survey, Abstract No. 315, H. & T.C. R.R. Co. Survey, Abstract
226226 No. 193, W. McCutchen (H. & T.C. R.R. Co.) Survey, Abstract
227227 No. 309, H. & T.C. R.R. Co. Survey, Abstract No. 192, H. & T.C. R.R.
228228 Co. Survey, Abstract No. 188, J. McCutchen (H. & T.C. R.R. Co.)
229229 Survey, Abstract No. 307, and the E. Wright (H. & T. R.R. Co.)
230230 Survey, Abstract No. 381 in Waller County, Texas, being all of a
231231 called 640 acre tract conveyed to Margaret Sager Pfeffer Estate
232232 Trust by Deed recorded in Volume 271, Page 308, Waller County Deed
233233 Records, being all of a called 640 acre tract conveyed to Adolph and
234234 Noelie Pfeffer Family Partnership One, Ltd. and Adolph and Noelie
235235 Pfeffer Family Partnership Two, Ltd. by Special Warranty Deed
236236 recorded in Volume 1284, Page 133, Waller Official Public Records
237237 of Real Property, being all of a called 823.996 acre tract conveyed
238238 to Adolph A . Pfeffer Sr., Trustee, of the Margaret Sager Pfeffer
239239 Estate Trust by Warranty Deed recorded in Volume 297, Page 825,
240240 Waller County Deed Records, being all of a called 320 acre tract
241241 conveyed to Cochran Road Partners, LLC by Special Warranty Deed
242242 recorded in Volume 1212, Page 399, Waller County Deed Records,
243243 being all of a called 640 acre tract conveyed to Cochran Road
244244 Partners, LLC by Special Warranty Deed recorded in Volume 1212,
245245 Page 399, Waller County Deed Records, being all of a called 152 acre
246246 tract conveyed to Cochran Road Partners, LLC by Special Warranty
247247 Deed recorded in Volume 1212, Page 399, Waller County Official
248248 Public Records of Real Property, being all of a called 80.741 acre
249249 tract conveyed to Adolph A Pfeffer, Jr., Trustee, of the Margaret
250250 Sager Pfeffer Estate Trust by Warranty Deed recorded in Volume 570,
251251 Page 822, Waller County Deed Records, being all of a called 40 acre
252252 (Tract 6) tract conveyed to Adolph Pfeffer by Deed recorded in
253253 Volume 350, Page 5, Waller County Deed Records, being all of a
254254 called 40 acre (Tract 7) tract conveyed to Adolph Pfeffer by Deed
255255 recorded in Volume 350, Page 5, Waller County Deed Records, being
256256 all of a called 119.5 acre (being 159.5 acres less 40 acres) tract
257257 conveyed to Adolph Pfeffer by Deed recorded in Volume 350, Page 5,
258258 Waller County Deed Records, being all of Lot 6 (called Tract 1)
259259 conveyed to Adolph Pfeffer by Partition Deed recorded in Volume
260260 350, Page 5, Waller County Deed Records, being all of Lot 7 (called
261261 Tract 2) conveyed to Adolph Pfeffer by Partition Deed recorded in
262262 Volume 350, Page 5, Waller County Deed Records, being all of Lot 8
263263 (called Tract 3) conveyed to Adolph Pfeffer by Partition Deed
264264 recorded in Volume 350, Page 5, Waller County Deed Records, being
265265 all of Lot 9 (called Tract 4) conveyed to Adolph Pfeffer by
266266 Partition Deed recorded in Volume 350, Page 5, Waller County Deed
267267 Records, being the residue of a called 20.00 acre tract conveyed to
268268 Adolph A. Pfeffer by Special Warranty Deed recorded in Volume 1109,
269269 Page 001, Waller County Official Public Records of Real Property,
270270 and being a portion of tracts conveyed to Adolph A. Pfeffer by deed
271271 recorded in Volume 119, Page 113 Waller County Deed Records; said
272272 3,791-acre (165,143,925 square feet) tract of land being more
273273 particularly described as follows with all bearings being based on
274274 the Texas Coordinate System, South Central Zone, NAD 83:
275275 BEGINNING at a point being the southeast corner of said
276276 called 640 acre tract conveyed to Margaret Sager Pfeffer Estate
277277 Trust;
278278 THENCE, North 90°00'00" West, 5,280.00 feet to a point for a
279279 corner being the southwest corner of said called 640 acre tract
280280 conveyed to Margaret Sager Pfeffer Estate Trust;
281281 THENCE, North 00°00'00" West, 2,640.00 feet to a point for
282282 corner being in the west line of said called 640 acre tract conveyed
283283 to Margaret Sager Pfeffer Estate Trust and being the southeast
284284 corner of said called 320 acre tract;
285285 THENCE, North 90°00'00" West, 5,280.00 feet to a point for
286286 corner being the southwest corner of said called 320 acre tract;
287287 THENCE, North 00°00'00" East, 2,728.33 feet to a point for
288288 corner being the northwest corner of said called 320 acre tract,
289289 being the southwest corner of said called 640 acre tract conveyed to
290290 Cochran Road Partners, LLC, and being the southeast corner of said
291291 called Volume 119, Page 113;
292292 THENCE, North 90°00'00" West, 761.11 feet to a point for
293293 corner being in the south line of said called Volume 119, Page 113;
294294 THENCE, South 89°36'31" West, 1,319.30 feet to a point for
295295 corner being the southwest corner of said called Volume 119, Page
296296 113 and being the southeast corner of said called 80.741 acre tract;
297297 THENCE, North 89°37'42" West, 1,843.37 feet to a point for
298298 corner being the southwest corner of said called residue of a called
299299 20.00 acre tract;
300300 THENCE, North 00°22'16" East, 1,105.28 feet to a point for
301301 corner being in the west line of said called residue of a called 20
302302 acre tract;
303303 THENCE, South 89°37'43" East, 500.54 feet to a point for
304304 corner being in the west line of said called 80.741 acre tract and
305305 being in the east line of said called residue of a called 20.00 acre
306306 tract;
307307 THENCE, North 01°24'32" West, 391.93 feet to a point for
308308 corner being in the west line of said called 80.741 acre tract and
309309 being in the east line of said called residue of a called 20.00 acre
310310 tract;
311311 THENCE, North 01°16'47" East, 33.21 feet to a point for corner
312312 being in the west line of said called 80.741 acre tract and being in
313313 the east line of said called residue of a called 20.00 acre tract;
314314 THENCE, North 89°37'43" West, 488.89 feet to a point for
315315 corner being in the west line of said called residue of a called
316316 20.00 acre tract;
317317 THENCE, North 00°22'21" East, 189.43 feet to a point for
318318 corner being the northwest corner of said called residue of a called
319319 20.00 acre tract;
320320 THENCE, South 89°37'43" East, 491.89 feet to a point for
321321 corner being in the west line of said called 80.741 acre tract and
322322 being the northeast corner of said called residue of a called 20.00
323323 acre tract;
324324 THENCE, North 01°16'47" East, 926.49 feet to a point for
325325 corner being the northwest corner of said called 80.741 acre tract
326326 and being the most northerly southwest corner of said called Volume
327327 119, Page 113;
328328 THENCE, North 00°00'00" West, 1,223.80 feet to a point for
329329 corner being the southeast corner of said called Tract 6 and being
330330 in the west line of said called Volume 119, Page 113;
331331 THENCE, North 90°00'00" West, 2,638.89 feet to a point for
332332 corner being the southwest corner of said called Tract 7;
333333 THENCE, North 00°00'00" West, 1,322.22 feet to a point for
334334 corner being the northwest corner of said called Tract 7;
335335 THENCE, North 90°00'00" East, 530.56 feet to a point for
336336 corner being in the north line of said called Tract 7 and being the
337337 southwest corner of said called 119.5 acre tract;
338338 THENCE, North 00°00'00" West, 2,516.67 feet to a point for
339339 corner being the northwest corner of said called 119.5 acre tract;
340340 THENCE, North 89°54'50" East, 2,773.34 feet to a point for
341341 corner being the northeast corner of said called 119.5 acre tract,
342342 being the southwest corner of said called Lot 6, and being the
343343 northwest corner of said called Lot 7;
344344 THENCE, North 00°00'00" West, 840.28 feet to a point for
345345 corner being the northwest corner of said called Lot 6;
346346 THENCE, North 90°00'00" East, 2,735.00 feet to a point for
347347 corner being the northeast corner of said called Lot 6;
348348 THENCE, South 00°00'00" West, 869.44 feet to a point for
349349 corner being the southeast corner of said called Lot 6, being the
350350 northeast corner of said called Lot 7, and being the northwest
351351 corner of said called 152 acre tract;
352352 THENCE, North 90°00'00" East, 2,657.30 feet to a point for
353353 corner being the northeast corner of said called 152 acre tract;
354354 THENCE, South 00°00'00" East, 2,491.67 feet to a point for
355355 corner being the southeast corner of said called 152 acre tract and
356356 being in the north line of said called 640 acre tract conveyed to
357357 Cochran Road Partners, LLC;
358358 THENCE, North 90°00'00" East, 2,622.70 feet to a point for
359359 corner being the northeast corner of said called 640 acre tract
360360 conveyed to Cochran Road Partners, LLC, being the northwest corner
361361 of said called 640 acre tract conveyed to Adolph and Noelie Pfeffer
362362 Family Partnership One, Ltd. and Adolph and Noelie Pfeffer Family
363363 Partnership Two, Ltd., and being the southwest corner of said
364364 called 823.996 acre tract;
365365 THENCE, North 00°04'31" East, 4,548.22 feet to a point for
366366 corner being in the west line of said called 823.996 acre tract;
367367 THENCE, North 11°22'24" West, 128.93 feet to a point for
368368 corner being in the west line of said called 823.996 acre tract;
369369 THENCE, North 00°21'45" East, 459.44 feet to a point for
370370 corner being the northwest corner of said called 823.996 acre
371371 tract;
372372 THENCE, South 89°56'04" East, 2,814.86 feet to a point for
373373 corner being the most northerly northeast corner of said called
374374 823.996 acre tract;
375375 THENCE, South 16°12'54" East, 1,715.81 feet to a point being
376376 an interior corner of said called 823.996 acre tract;
377377 THENCE, South 81°28'25" E, 2,000.00 feet to a point for corner
378378 being the most southerly northeast corner of said called 823.996
379379 acre tract;
380380 THENCE, South 00°06'10" East, 13,746.77 feet to the POINT OF
381381 BEGINNING, CONTAINING 3,791 acres (165,143,925 square feet) of land
382382 in Waller County, Texas filed in the office of Manhard Consulting,
383383 Ltd. in The Woodlands, Texas.
384384 SECTION 3. (a) The legal notice of the intention to
385385 introduce this Act, setting forth the general substance of this
386386 Act, has been published as provided by law, and the notice and a
387387 copy of this Act have been furnished to all persons, agencies,
388388 officials, or entities to which they are required to be furnished
389389 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
390390 Government Code.
391391 (b) The governor, one of the required recipients, has
392392 submitted the notice and Act to the Texas Commission on
393393 Environmental Quality.
394394 (c) The Texas Commission on Environmental Quality has filed
395395 its recommendations relating to this Act with the governor, the
396396 lieutenant governor, and the speaker of the house of
397397 representatives within the required time.
398398 (d) All requirements of the constitution and laws of this
399399 state and the rules and procedures of the legislature with respect
400400 to the notice, introduction, and passage of this Act are fulfilled
401401 and accomplished.
402402 SECTION 4. (a) If this Act does not receive a two-thirds
403403 vote of all the members elected to each house, Subchapter C, Chapter
404404 8046, Special District Local Laws Code, as added by Section 1 of
405405 this Act, is amended by adding Section 8046.0307 to read as follows:
406406 Sec. 8046.0307. NO EMINENT DOMAIN POWER. The district may
407407 not exercise the power of eminent domain.
408408 (b) This section is not intended to be an expression of a
409409 legislative interpretation of the requirements of Section 17(c),
410410 Article I, Texas Constitution.
411411 SECTION 5. This Act takes effect immediately if it receives
412412 a vote of two-thirds of all the members elected to each house, as
413413 provided by Section 39, Article III, Texas Constitution. If this
414414 Act does not receive the vote necessary for immediate effect, this
415415 Act takes effect September 1, 2019.