Texas 2019 - 86th Regular

Texas Senate Bill SB2476 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R9274 SLB-F
2	2	By: Kolkhorst S.B. No. 2476
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Waller County Water Control and
8	8	Improvement District No. 3; granting a limited power of eminent
9	9	domain; providing authority to issue bonds; providing authority to
10	10	impose assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle I, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 9085 to read as follows:
14	14	CHAPTER 9085. WALLER COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
15	15	NO. 3
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 9085.0101. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "Commission" means the Texas Commission on
20	20	Environmental Quality.
21	21	(3) "Director" means a board member.
22	22	(4) "District" means the Waller County Water Control
23	23	and Improvement District No. 3.
24	24	Sec. 9085.0102. NATURE OF DISTRICT. The district is a water
25	25	control and improvement district created under Section 59, Article
26	26	XVI, Texas Constitution.
27	27	Sec. 9085.0103. CONFIRMATION AND DIRECTORS' ELECTION
28	28	REQUIRED. The temporary directors shall hold an election to
29	29	confirm the creation of the district and to elect five permanent
30	30	directors as provided by Section 49.102, Water Code.
31	31	Sec. 9085.0104. CONSENT OF MUNICIPALITY REQUIRED. The
32	32	temporary directors may not hold an election under Section
33	33	9085.0103 until each municipality in whose corporate limits or
34	34	extraterritorial jurisdiction the district is located has
35	35	consented by ordinance or resolution to the creation of the
36	36	district and to the inclusion of land in the district.
37	37	Sec. 9085.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
38	38	(a) The district is created to serve a public purpose and benefit.
39	39	(b) The district is created to accomplish the purposes of:
40	40	(1) a water control and improvement district as
41	41	provided by general law and Section 59, Article XVI, Texas
42	42	Constitution; and
43	43	(2) Section 52, Article III, Texas Constitution, that
44	44	relate to the construction, acquisition, improvement, operation,
45	45	or maintenance of macadamized, graveled, or paved roads, or
46	46	improvements, including storm drainage, in aid of those roads.
47	47	Sec. 9085.0106. INITIAL DISTRICT TERRITORY. (a) The
48	48	district is initially composed of the territory described by
49	49	Section 2 of the Act enacting this chapter.
50	50	(b) The boundaries and field notes contained in Section 2 of
51	51	the Act enacting this chapter form a closure. A mistake made in the
52	52	field notes or in copying the field notes in the legislative process
53	53	does not affect the district's:
54	54	(1) organization, existence, or validity;
55	55	(2) right to issue any type of bond for the purposes
56	56	for which the district is created or to pay the principal of and
57	57	interest on a bond;
58	58	(3) right to impose a tax; or
59	59	(4) legality or operation.
60	60	SUBCHAPTER B. BOARD OF DIRECTORS
61	61	Sec. 9085.0201. GOVERNING BODY; TERMS. (a) The district is
62	62	governed by a board of five elected directors.
63	63	(b) Except as provided by Section 9085.0202, directors
64	64	serve staggered four-year terms.
65	65	Sec. 9085.0202. TEMPORARY DIRECTORS. (a) On or after the
66	66	effective date of the Act enacting this chapter, the owner or owners
67	67	of a majority of the assessed value of the real property in the
68	68	district may submit a petition to the commission requesting that
69	69	the commission appoint as temporary directors the five persons
70	70	named in the petition. The commission shall appoint as temporary
71	71	directors the five persons named in the petition.
72	72	(b) Temporary directors serve until the earlier of:
73	73	(1) the date permanent directors are elected under
74	74	Section 9085.0103; or
75	75	(2) the fourth anniversary of the effective date of
76	76	the Act enacting this chapter.
77	77	(c) If permanent directors have not been elected under
78	78	Section 9085.0103 and the terms of the temporary directors have
79	79	expired, successor temporary directors shall be appointed or
80	80	reappointed as provided by Subsection (d) to serve terms that
81	81	expire on the earlier of:
82	82	(1) the date permanent directors are elected under
83	83	Section 9085.0103; or
84	84	(2) the fourth anniversary of the date of the
85	85	appointment or reappointment.
86	86	(d) If Subsection (c) applies, the owner or owners of a
87	87	majority of the assessed value of the real property in the district
88	88	may submit a petition to the commission requesting that the
89	89	commission appoint as successor temporary directors the five
90	90	persons named in the petition. The commission shall appoint as
91	91	successor temporary directors the five persons named in the
92	92	petition.
93	93	SUBCHAPTER C. POWERS AND DUTIES
94	94	Sec. 9085.0301. GENERAL POWERS AND DUTIES. The district
95	95	has the powers and duties necessary to accomplish the purposes for
96	96	which the district is created.
97	97	Sec. 9085.0302. WATER CONTROL AND IMPROVEMENT DISTRICT
98	98	POWERS AND DUTIES. The district has the powers and duties provided
99	99	by the general law of this state, including Chapters 49 and 51,
100	100	Water Code, applicable to water control and improvement districts
101	101	created under Section 59, Article XVI, Texas Constitution.
102	102	Sec. 9085.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
103	103	52, Article III, Texas Constitution, the district may design,
104	104	acquire, construct, finance, issue bonds for, improve, operate,
105	105	maintain, and convey to this state, a county, or a municipality for
106	106	operation and maintenance macadamized, graveled, or paved roads, or
107	107	improvements, including storm drainage, in aid of those roads.
108	108	Sec. 9085.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
109	109	road project must meet all applicable construction standards,
110	110	zoning and subdivision requirements, and regulations of each
111	111	municipality in whose corporate limits or extraterritorial
112	112	jurisdiction the road project is located.
113	113	(b) If a road project is not located in the corporate limits
114	114	or extraterritorial jurisdiction of a municipality, the road
115	115	project must meet all applicable construction standards, zoning and
116	116	subdivision requirements, and regulations of each county in which
117	117	the road project is located.
118	118	(c) If the state will maintain and operate the road, the
119	119	Texas Transportation Commission must approve the plans and
120	120	specifications of the road project.
121	121	Sec. 9085.0305. COMPLIANCE WITH MUNICIPAL CONSENT
122	122	ORDINANCE OR RESOLUTION. The district shall comply with all
123	123	applicable requirements of any ordinance or resolution that is
124	124	adopted under Section 42.042 or 42.0425, Local Government Code, and
125	125	consents to the creation of the district or to the inclusion of land
126	126	in the district.
127	127	Sec. 9085.0306. LIMITATION ON USE OF EMINENT DOMAIN. The
128	128	district may not exercise the power of eminent domain outside the
129	129	district boundaries to acquire a site or easement for:
130	130	(1) a recreational facility, as defined by Section
131	131	49.462, Water Code; or
132	132	(2) a road project authorized by Section 9085.0303.
133	133	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
134	134	Sec. 9085.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
135	135	The district may issue, without an election, bonds and other
136	136	obligations secured by:
137	137	(1) revenue other than ad valorem taxes; or
138	138	(2) contract payments described by Section 9085.0403.
139	139	(b) The district must hold an election in the manner
140	140	provided by Chapters 49 and 51, Water Code, to obtain voter approval
141	141	before the district may impose an ad valorem tax or issue bonds
142	142	payable from ad valorem taxes.
143	143	(c) The district may not issue bonds payable from ad valorem
144	144	taxes to finance a road project unless the issuance is approved by a
145	145	vote of a two-thirds majority of the district voters voting at an
146	146	election held for that purpose.
147	147	Sec. 9085.0402. OPERATION AND MAINTENANCE TAX. (a) If
148	148	authorized at an election held under Section 9085.0401, the
149	149	district may impose an operation and maintenance tax on taxable
150	150	property in the district in accordance with Section 49.107, Water
151	151	Code.
152	152	(b) The board shall determine the tax rate. The rate may not
153	153	exceed the rate approved at the election.
154	154	Sec. 9085.0403. CONTRACT TAXES. (a) In accordance with
155	155	Section 49.108, Water Code, the district may impose a tax other than
156	156	an operation and maintenance tax and use the revenue derived from
157	157	the tax to make payments under a contract after the provisions of
158	158	the contract have been approved by a majority of the district voters
159	159	voting at an election held for that purpose.
160	160	(b) A contract approved by the district voters may contain a
161	161	provision stating that the contract may be modified or amended by
162	162	the board without further voter approval.
163	163	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
164	164	Sec. 9085.0501. AUTHORITY TO ISSUE BONDS AND OTHER
165	165	OBLIGATIONS. The district may issue bonds or other obligations
166	166	payable wholly or partly from ad valorem taxes, impact fees,
167	167	revenue, contract payments, grants, or other district money, or any
168	168	combination of those sources, to pay for any authorized district
169	169	purpose.
170	170	Sec. 9085.0502. TAXES FOR BONDS. At the time the district
171	171	issues bonds payable wholly or partly from ad valorem taxes, the
172	172	board shall provide for the annual imposition of a continuing
173	173	direct ad valorem tax, without limit as to rate or amount, while all
174	174	or part of the bonds are outstanding as required and in the manner
175	175	provided by Chapter 51, Water Code.
176	176	Sec. 9085.0503. BONDS FOR ROAD PROJECTS. At the time of
177	177	issuance, the total principal amount of bonds or other obligations
178	178	issued or incurred to finance road projects and payable from ad
179	179	valorem taxes may not exceed one-fourth of the assessed value of the
180	180	real property in the district.
181	181	Sec. 9085.0504. BONDS FOR RECREATIONAL FACILITIES. (a)
182	182	The district may develop recreational facilities and issue bonds
183	183	for recreational facilities as provided by Chapter 49, Water Code,
184	184	regardless of whether the district's territory overlaps with the
185	185	territory of a political subdivision that is authorized to develop
186	186	recreational facilities and issue bonds for recreational
187	187	facilities under Chapter 49, Water Code.
188	188	(b) The authority of the district to develop recreational
189	189	facilities and issue bonds for recreational facilities under this
190	190	section does not limit the authority of another political
191	191	subdivision whose territory the territory of the district may
192	192	overlap, wholly or partly, to develop recreational facilities and
193	193	issue bonds for recreational facilities under Chapter 49, Water
194	194	Code.
195	195	SECTION 2. The Waller County Water Control and Improvement
196	196	District No. 3 initially includes all the territory contained in
197	197	the following area:
198	198	A metes & bounds description of a certain 3,791 acre
199	199	(165,143,925 square feet) tract of land situated in the W.
200	200	McCutchen (H. & T.C. R.R. Co.) Survey, Abstract No. 312, H. & T.C.
201	201	R.R. Co. Survey, Abstract No. 145, W. McCutchen (H. & T.C. R.R. Co.)
202	202	Survey, Abstract No. 315, H. & T.C. R.R. Co. Survey, Abstract
203	203	No. 193, W. McCutchen (H. & T.C. R.R. Co.) Survey, Abstract
204	204	No. 309, H. & T.C. R.R. Co. Survey, Abstract No. 192, H. & T.C. R.R.
205	205	Co. Survey, Abstract No. 188, J. McCutchen (H. & T.C. R.R. Co.)
206	206	Survey, Abstract No. 307, and the E. Wright (H. & T. R.R. Co.)
207	207	Survey, Abstract No. 381 in Waller County, Texas, being all of a
208	208	called 640 acre tract conveyed to Margaret Sager Pfeffer Estate
209	209	Trust by Deed recorded in Volume 271, Page 308, Waller County Deed
210	210	Records, being all of a called 640 acre tract conveyed to Adolph and
211	211	Noelie Pfeffer Family Partnership One, Ltd. and Adolph and Noelie
212	212	Pfeffer Family Partnership Two, Ltd. by Special Warranty Deed
213	213	recorded in Volume 1284, Page 133, Waller Official Public Records
214	214	of Real Property, being all of a called 823.996 acre tract conveyed
215	215	to Adolph A . Pfeffer Sr., Trustee, of the Margaret Sager Pfeffer
216	216	Estate Trust by Warranty Deed recorded in Volume 297, Page 825,
217	217	Waller County Deed Records, being all of a called 320 acre tract
218	218	conveyed to Cochran Road Partners, LLC by Special Warranty Deed
219	219	recorded in Volume 1212, Page 399, Waller County Deed Records,
220	220	being all of a called 640 acre tract conveyed to Cochran Road
221	221	Partners, LLC by Special Warranty Deed recorded in Volume 1212,
222	222	Page 399, Waller County Deed Records, being all of a called 152 acre
223	223	tract conveyed to Cochran Road Partners, LLC by Special Warranty
224	224	Deed recorded in Volume 1212, Page 399, Waller County Official
225	225	Public Records of Real Property, being all of a called 80.741 acre
226	226	tract conveyed to Adolph A Pfeffer, Jr., Trustee, of the Margaret
227	227	Sager Pfeffer Estate Trust by Warranty Deed recorded in Volume 570,
228	228	Page 822, Waller County Deed Records, being all of a called 40 acre
229	229	(Tract 6) tract conveyed to Adolph Pfeffer by Deed recorded in
230	230	Volume 350, Page 5, Waller County Deed Records, being all of a
231	231	called 40 acre (Tract 7) tract conveyed to Adolph Pfeffer by Deed
232	232	recorded in Volume 350, Page 5, Waller County Deed Records, being
233	233	all of a called 119.5 acre (being 159.5 acres less 40 acres) tract
234	234	conveyed to Adolph Pfeffer by Deed recorded in Volume 350, Page 5,
235	235	Waller County Deed Records, being all of Lot 6 (called Tract 1)
236	236	conveyed to Adolph Pfeffer by Partition Deed recorded in Volume
237	237	350, Page 5, Waller County Deed Records, being all of Lot 7 (called
238	238	Tract 2) conveyed to Adolph Pfeffer by Partition Deed recorded in
239	239	Volume 350, Page 5, Waller County Deed Records, being all of Lot 8
240	240	(called Tract 3) conveyed to Adolph Pfeffer by Partition Deed
241	241	recorded in Volume 350, Page 5, Waller County Deed Records, being
242	242	all of Lot 9 (called Tract 4) conveyed to Adolph Pfeffer by
243	243	Partition Deed recorded in Volume 350, Page 5, Waller County Deed
244	244	Records, being the residue of a called 20.00 acre tract conveyed to
245	245	Adolph A. Pfeffer by Special Warranty Deed recorded in Volume 1109,
246	246	Page 001, Waller County Official Public Records of Real Property,
247	247	and being a portion of tracts conveyed to Adolph A. Pfeffer by deed
248	248	recorded in Volume 119, Page 113 Waller County Deed Records; said
249	249	3,791-acre (165,143,925 square feet) tract of land being more
250	250	particularly described as follows with all bearings being based on
251	251	the Texas Coordinate System, South Central Zone, NAD 83:
252	252	BEGINNING at a point being the southeast corner of said
253	253	called 640 acre tract conveyed to Margaret Sager Pfeffer Estate
254	254	Trust;
255	255	THENCE, North 90°00'00" West, 5,280.00 feet to a point for a
256	256	corner being the southwest corner of said called 640 acre tract
257	257	conveyed to Margaret Sager Pfeffer Estate Trust;
258	258	THENCE, North 00°00'00" West, 2,640.00 feet to a point for
259	259	corner being in the west line of said called 640 acre tract conveyed
260	260	to Margaret Sager Pfeffer Estate Trust and being the southeast
261	261	corner of said called 320 acre tract;
262	262	THENCE, North 90°00'00" West, 5,280.00 feet to a point for
263	263	corner being the southwest corner of said called 320 acre tract;
264	264	THENCE, North 00°00'00" East, 2,728.33 feet to a point for
265	265	corner being the northwest corner of said called 320 acre tract,
266	266	being the southwest corner of said called 640 acre tract conveyed to
267	267	Cochran Road Partners, LLC, and being the southeast corner of said
268	268	called Volume 119, Page 113;
269	269	THENCE, North 90°00'00" West, 761.11 feet to a point for
270	270	corner being in the south line of said called Volume 119, Page 113;
271	271	THENCE, South 89°36'31" West, 1,319.30 feet to a point for
272	272	corner being the southwest corner of said called Volume 119, Page
273	273	113 and being the southeast corner of said called 80.741 acre tract;
274	274	THENCE, North 89°37'42" West, 1,843.37 feet to a point for
275	275	corner being the southwest corner of said called residue of a called
276	276	20.00 acre tract;
277	277	THENCE, North 00°22'16" East, 1,105.28 feet to a point for
278	278	corner being in the west line of said called residue of a called 20
279	279	acre tract;
280	280	THENCE, South 89°37'43" East, 500.54 feet to a point for
281	281	corner being in the west line of said called 80.741 acre tract and
282	282	being in the east line of said called residue of a called 20.00 acre
283	283	tract;
284	284	THENCE, North 01°24'32" West, 391.93 feet to a point for
285	285	corner being in the west line of said called 80.741 acre tract and
286	286	being in the east line of said called residue of a called 20.00 acre
287	287	tract;
288	288	THENCE, North 01°16'47" East, 33.21 feet to a point for corner
289	289	being in the west line of said called 80.741 acre tract and being in
290	290	the east line of said called residue of a called 20.00 acre tract;
291	291	THENCE, North 89°37'43" West, 488.89 feet to a point for
292	292	corner being in the west line of said called residue of a called
293	293	20.00 acre tract;
294	294	THENCE, North 00°22'21" East, 189.43 feet to a point for
295	295	corner being the northwest corner of said called residue of a called
296	296	20.00 acre tract;
297	297	THENCE, South 89°37'43" East, 491.89 feet to a point for
298	298	corner being in the west line of said called 80.741 acre tract and
299	299	being the northeast corner of said called residue of a called 20.00
300	300	acre tract;
301	301	THENCE, North 01°16'47" East, 926.49 feet to a point for
302	302	corner being the northwest corner of said called 80.741 acre tract
303	303	and being the most northerly southwest corner of said called Volume
304	304	119, Page 113;
305	305	THENCE, North 00°00'00" West, 1,223.80 feet to a point for
306	306	corner being the southeast corner of said called Tract 6 and being
307	307	in the west line of said called Volume 119, Page 113;
308	308	THENCE, North 90°00'00" West, 2,638.89 feet to a point for
309	309	corner being the southwest corner of said called Tract 7;
310	310	THENCE, North 00°00'00" West, 1,322.22 feet to a point for
311	311	corner being the northwest corner of said called Tract 7;
312	312	THENCE, North 90°00'00" East, 530.56 feet to a point for
313	313	corner being in the north line of said called Tract 7 and being the
314	314	southwest corner of said called 119.5 acre tract;
315	315	THENCE, North 00°00'00" West, 2,516.67 feet to a point for
316	316	corner being the northwest corner of said called 119.5 acre tract;
317	317	THENCE, North 89°54'50" East, 2,773.34 feet to a point for
318	318	corner being the northeast corner of said called 119.5 acre tract,
319	319	being the southwest corner of said called Lot 6, and being the
320	320	northwest corner of said called Lot 7;
321	321	THENCE, North 00°00'00" West, 840.28 feet to a point for
322	322	corner being the northwest corner of said called Lot 6;
323	323	THENCE, North 90°00'00" East, 2,735.00 feet to a point for
324	324	corner being the northeast corner of said called Lot 6;
325	325	THENCE, South 00°00'00" West, 869.44 feet to a point for
326	326	corner being the southeast corner of said called Lot 6, being the
327	327	northeast corner of said called Lot 7, and being the northwest
328	328	corner of said called 152 acre tract;
329	329	THENCE, North 90°00'00" East, 2,657.30 feet to a point for
330	330	corner being the northeast corner of said called 152 acre tract;
331	331	THENCE, South 00°00'00" East, 2,491.67 feet to a point for
332	332	corner being the southeast corner of said called 152 acre tract and
333	333	being in the north line of said called 640 acre tract conveyed to
334	334	Cochran Road Partners, LLC;
335	335	THENCE, North 90°00'00" East, 2,622.70 feet to a point for
336	336	corner being the northeast corner of said called 640 acre tract
337	337	conveyed to Cochran Road Partners, LLC, being the northwest corner
338	338	of said called 640 acre tract conveyed to Adolph and Noelie Pfeffer
339	339	Family Partnership One, Ltd. and Adolph and Noelie Pfeffer Family
340	340	Partnership Two, Ltd., and being the southwest corner of said
341	341	called 823.996 acre tract;
342	342	THENCE, North 00°04'31" East, 4,548.22 feet to a point for
343	343	corner being in the west line of said called 823.996 acre tract;
344	344	THENCE, North 11°22'24" West, 128.93 feet to a point for
345	345	corner being in the west line of said called 823.996 acre tract;
346	346	THENCE, North 00°21'45" East, 459.44 feet to a point for
347	347	corner being the northwest corner of said called 823.996 acre
348	348	tract;
349	349	THENCE, South 89°56'04" East, 2,814.86 feet to a point for
350	350	corner being the most northerly northeast corner of said called
351	351	823.996 acre tract;
352	352	THENCE, South 16°12'54" East, 1,715.81 feet to a point being
353	353	an interior corner of said called 823.996 acre tract;
354	354	THENCE, South 81°28'25" E, 2,000.00 feet to a point for corner
355	355	being the most southerly northeast corner of said called 823.996
356	356	acre tract;
357	357	THENCE, South 00°06'10" East, 13,746.77 feet to the POINT OF
358	358	BEGINNING, CONTAINING 3,791 acres (165,143,925 square feet) of land
359	359	in Waller County, Texas filed in the office of Manhard Consulting,
360	360	Ltd. in The Woodlands, Texas.
361	361	SECTION 3. (a) The legal notice of the intention to
362	362	introduce this Act, setting forth the general substance of this
363	363	Act, has been published as provided by law, and the notice and a
364	364	copy of this Act have been furnished to all persons, agencies,
365	365	officials, or entities to which they are required to be furnished
366	366	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
367	367	Government Code.
368	368	(b) The governor, one of the required recipients, has
369	369	submitted the notice and Act to the Texas Commission on
370	370	Environmental Quality.
371	371	(c) The Texas Commission on Environmental Quality has filed
372	372	its recommendations relating to this Act with the governor, the
373	373	lieutenant governor, and the speaker of the house of
374	374	representatives within the required time.
375	375	(d) All requirements of the constitution and laws of this
376	376	state and the rules and procedures of the legislature with respect
377	377	to the notice, introduction, and passage of this Act are fulfilled
378	378	and accomplished.
379	379	SECTION 4. (a) Section 9085.0306, Special District Local
380	380	Laws Code, as added by Section 1 of this Act, takes effect only if
381	381	this Act receives a two-thirds vote of all the members elected to
382	382	each house.
383	383	(b) If this Act does not receive a two-thirds vote of all the
384	384	members elected to each house, Subchapter C, Chapter 9085, Special
385	385	District Local Laws Code, as added by Section 1 of this Act, is
386	386	amended by adding Section 9085.0306 to read as follows:
387	387	Sec. 9085.0306. NO EMINENT DOMAIN POWER. The district may
388	388	not exercise the power of eminent domain.
389	389	(c) This section is not intended to be an expression of a
390	390	legislative interpretation of the requirements of Section 17(c),
391	391	Article I, Texas Constitution.
392	392	SECTION 5. This Act takes effect immediately if it receives
393	393	a vote of two-thirds of all the members elected to each house, as
394	394	provided by Section 39, Article III, Texas Constitution. If this
395	395	Act does not receive the vote necessary for immediate effect, this
396	396	Act takes effect September 1, 2019.