Texas 2019 - 86th Regular

Texas Senate Bill SB2479 Compare Versions

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

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1	1	86R10238 BRG-F
2	2	By: Kolkhorst S.B. No. 2479
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 Municipal Utility
8	8	District No. 35; granting a limited power of eminent domain;
9	9	providing authority to issue bonds; providing authority to impose
10	10	assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 8071 to read as follows:
14	14	CHAPTER 8071. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 35
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8071.0101. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Waller County Municipal
22	22	Utility District No. 35.
23	23	Sec. 8071.0102. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 8071.0103. CONFIRMATION AND DIRECTOR ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 8071.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	8071.0103 until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 8071.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 8071.0106. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 8071.0201. GOVERNING BODY; TERMS. (a) The district is
60	60	governed by a board of five elected directors.
61	61	(b) Except as provided by Section 8071.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 8071.0202. TEMPORARY DIRECTORS. (a) On or after the
64	64	effective date of the Act enacting this chapter, the owner or owners
65	65	of a majority of the assessed value of the real property in the
66	66	district may submit a petition to the commission requesting that
67	67	the commission appoint as temporary directors the five persons
68	68	named in the petition. The commission shall appoint as temporary
69	69	directors the five persons named in the petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8071.0103; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act enacting this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 8071.0103 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 8071.0103; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 8071.0301. GENERAL POWERS AND DUTIES. The district
93	93	has the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 8071.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 8071.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
101	101	52, Article III, Texas Constitution, the district may design,
102	102	acquire, construct, finance, issue bonds for, improve, operate,
103	103	maintain, and convey to this state, a county, or a municipality for
104	104	operation and maintenance macadamized, graveled, or paved roads, or
105	105	improvements, including storm drainage, in aid of those roads.
106	106	Sec. 8071.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	107	road project must meet all applicable construction standards,
108	108	zoning and subdivision requirements, and regulations of each
109	109	municipality in whose corporate limits or extraterritorial
110	110	jurisdiction the road project is located.
111	111	(b) If a road project is not located in the corporate limits
112	112	or extraterritorial jurisdiction of a municipality, the road
113	113	project must meet all applicable construction standards,
114	114	subdivision requirements, and regulations of each county in which
115	115	the road project is located.
116	116	(c) If the state will maintain and operate the road, the
117	117	Texas Transportation Commission must approve the plans and
118	118	specifications of the road project.
119	119	Sec. 8071.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120	120	ORDINANCE OR RESOLUTION. The district shall comply with all
121	121	applicable requirements of any ordinance or resolution that is
122	122	adopted under Section 54.016 or 54.0165, Water Code, and that
123	123	consents to the creation of the district or to the inclusion of land
124	124	in the district.
125	125	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	126	Sec. 8071.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
127	127	The district may issue, without an election, bonds and other
128	128	obligations secured by:
129	129	(1) revenue other than ad valorem taxes; or
130	130	(2) contract payments described by Section 8071.0403.
131	131	(b) The district must hold an election in the manner
132	132	provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	133	before the district may impose an ad valorem tax or issue bonds
134	134	payable from ad valorem taxes.
135	135	(c) The district may not issue bonds payable from ad valorem
136	136	taxes to finance a road project unless the issuance is approved by a
137	137	vote of a two-thirds majority of the district voters voting at an
138	138	election held for that purpose.
139	139	Sec. 8071.0402. OPERATION AND MAINTENANCE TAX. (a) If
140	140	authorized at an election held under Section 8071.0401, the
141	141	district may impose an operation and maintenance tax on taxable
142	142	property in the district in accordance with Section 49.107, Water
143	143	Code.
144	144	(b) The board shall determine the tax rate. The rate may not
145	145	exceed the rate approved at the election.
146	146	Sec. 8071.0403. CONTRACT TAXES. (a) In accordance with
147	147	Section 49.108, Water Code, the district may impose a tax other than
148	148	an operation and maintenance tax and use the revenue derived from
149	149	the tax to make payments under a contract after the provisions of
150	150	the contract have been approved by a majority of the district voters
151	151	voting at an election held for that purpose.
152	152	(b) A contract approved by the district voters may contain a
153	153	provision stating that the contract may be modified or amended by
154	154	the board without further voter approval.
155	155	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
156	156	Sec. 8071.0501. AUTHORITY TO ISSUE BONDS AND OTHER
157	157	OBLIGATIONS. The district may issue bonds or other obligations
158	158	payable wholly or partly from ad valorem taxes, impact fees,
159	159	revenue, contract payments, grants, or other district money, or any
160	160	combination of those sources, to pay for any authorized district
161	161	purpose.
162	162	Sec. 8071.0502. TAXES FOR BONDS. At the time the district
163	163	issues bonds payable wholly or partly from ad valorem taxes, the
164	164	board shall provide for the annual imposition of a continuing
165	165	direct ad valorem tax, without limit as to rate or amount, while all
166	166	or part of the bonds are outstanding as required and in the manner
167	167	provided by Sections 54.601 and 54.602, Water Code.
168	168	Sec. 8071.0503. BONDS FOR ROAD PROJECTS. At the time of
169	169	issuance, the total principal amount of bonds or other obligations
170	170	issued or incurred to finance road projects and payable from ad
171	171	valorem taxes may not exceed one-fourth of the assessed value of the
172	172	real property in the district.
173	173	SECTION 2. The Waller County Municipal Utility District No.
174	174	35 initially includes all the territory contained in the following
175	175	area:
176	176	A metes & bounds description of a 696.27 acre tract of land in
177	177	the Fred Eule Survey, Abstract 375, the H. & T. C. Railroad Company
178	178	Survey Section 129, Abstract 204, and the W. I. Williamson Survey,
179	179	Abstract 410, Waller County, Texas, being comprised of a portion of
180	180	that certain called 1,263.584 acre tract recorded in Volume 449,
181	181	Page 312, Deed Records, Waller County, Texas, and a portion of that
182	182	certain called 0.673 acre tract recorded in Volume 449, Page 508,
183	183	Deed Records, Waller County, Texas, with all bearings based upon
184	184	the Texas Coordinate System of 1983, South Central Zone, based upon
185	185	GPS observations.
186	186	Beginning at the southwest corner of said H. & T. C. Railroad
187	187	Company Survey Section 129, Abstract 204, same being the southeast
188	188	corner of said Fred Eule Survey, Abstract 375, for an angle point in
189	189	the south line and the Point of Beginning of the herein described
190	190	tract, said point also being the northwest corner of the adjoining
191	191	J. W. McCutcheon Survey, Abstract 308, and the northeast corner of
192	192	the adjoining H. & T. C. Railroad Company Survey Section 121,
193	193	Abstract 201, and being an angle point in the north line of the
194	194	adjoining residue of a called 1,277.0358 acre tract recorded in
195	195	Volume 313, Page 416, Deed Records, Waller County, Texas;
196	196	Thence South 87 degrees 59 minutes 38 seconds West along the
197	197	south line of the herein described tract and the south line of said
198	198	Fred Eule Survey, Abstract 375, same being the north line of said
199	199	adjoining H. & T. C. Railroad Company Survey Section 121, Abstract
200	200	201, 2,621.09 feet to the southwest corner of the herein described
201	201	tract and said called 1,263.584 acre tract, same being the
202	202	southeast corner of an adjoining called 162.614 acre tract recorded
203	203	under County Clerk's File Number 1700518, Official Records, Waller
204	204	County, Texas;
205	205	Thence North 01 degree 56 minutes 12 seconds West along the
206	206	west line of the herein described tract, same being the east line of
207	207	said adjoining called 162.614 acre tract, 2,657.26 feet to an angle
208	208	point, said point being the northeast corner of said adjoining
209	209	called 162.614 acre tract, same being the southeast corner of an
210	210	adjoining called 4.00 acre tract recorded in Volume 1101, Page 526,
211	211	Official Records, Waller County, Texas;
212	212	Thence North 01 degree 59 minutes 04 seconds West along the
213	213	west line of the herein described tract, same being the east line of
214	214	said adjoining called 4.00 acre tract, the east line of an adjoining
215	215	called 5.00 acre tract recorded in Volume 419, Page 367, Deed
216	216	Records, Waller County, Texas, the east line of an adjoining called
217	217	5.00 acre tract recorded in Volume 396, Page 104, Deed Records,
218	218	Waller County, Texas, the east line of an adjoining called 6.000
219	219	acre tract recorded in Volume 1361, Page 796, Official Records,
220	220	Waller County, Texas, and the east line of an adjoining called 10.00
221	221	acre tract recorded in Volume 1020, Page 776, Official Records,
222	222	Waller County, Texas, 2,624.91 feet to the lower northwest corner
223	223	of the herein described tract and said called 1,263.584 acre tract,
224	224	said point being in the north line of said Fred Eule Survey,
225	225	Abstract 375, same being the south line of the adjoining H. & T. C.
226	226	Railroad Company Survey Section 119, Abstract 200, as located in
227	227	Beckendorff Road, said point being the southeast corner of an
228	228	adjoining tract recorded in Volume 0995, Page 461, Official
229	229	Records, Waller County, Texas, same being the southwest corner of
230	230	an adjoining called 19.0983 acre tract recorded in Volume 1181,
231	231	Page 588, Official Records, Waller County, Texas;
232	232	Thence North 88 degrees 01 minute 40 seconds East along the
233	233	lower north line of the herein described tract and said called
234	234	1,263.584 acre tract, and the north line of said Fred Eule Survey,
235	235	Abstract 375, same being the south line of said adjoining H. & T. C.
236	236	Railroad Company Survey Section 119, Abstract 200, as located in
237	237	Beckendorff Road, and along the south line of said adjoining called
238	238	19.0983 acre tract, the south line of an adjoining called 19.098
239	239	acre tract recorded in Volume 686, Page 894, Official Records,
240	240	Waller County, Texas, and the south line of an adjoining called
241	241	19.0984 acre tract recorded in Volume 657, Page 415, Official
242	242	Records, Waller County, Texas, 2,585.25 feet to a reentry corner to
243	243	the herein described tract and said called 1,263.584 acre tract,
244	244	said point being the southeast corner of said adjoining H. & T. C.
245	245	Railroad Company Survey Section 119, Abstract 200, the southwest
246	246	corner of said W. I. Williamson Survey, Abstract 410, the northwest
247	247	corner of said H. & T. C. Railroad Company Survey Section 129,
248	248	Abstract 204, and the northeast corner of said Fred Eule Survey,
249	249	Abstract 375;
250	250	Thence North 02 degrees 16 minutes 26 seconds West along the
251	251	upper west line of the herein described tract and said called
252	252	1,263.584 acre tract, and the west line of said W. I. Williamson
253	253	Survey, Abstract 410, same being the east line of said adjoining H. &
254	254	T. C. Railroad Company Survey Section 119, Abstract 200, and being
255	255	along the east line of said adjoining called 19.0984 acre tract, the
256	256	east line of an adjoining called 35.3053 acre tract recorded in
257	257	Volume 994, Page 833, Official Records, Waller County, Texas, the
258	258	east line of an adjoining called 31.987 acre tract recorded in
259	259	Volume 757, Page 834, Official Records, Waller County, Texas, and
260	260	the east line of an adjoining called 50 acre tract recorded in
261	261	Volume 314, Page 159, Deed Records, Waller County, Texas, 2,654.17
262	262	feet to the upper northwest corner of the herein described tract and
263	263	the northwest corner of the aforementioned called 0.673 acre tract,
264	264	said point being the northwest corner of said W. I. Williamson
265	265	Survey, Abstract 410, same being the southwest corner of the
266	266	adjoining W. C. Pitts Survey, Abstract 411, and the southwest
267	267	corner of an adjoining called 0.652 acre tract recorded in Volume
268	268	1094, Page 575, Official Records, Waller County, Texas;
269	269	Thence North 88 degrees 01 minute 17 seconds East along the
270	270	north line of the herein described tract, the north line of said
271	271	called 0.673 acre tract, and the north line of said W. I. Williamson
272	272	Survey, Abstract 410, same being the south line of said adjoining W.
273	273	C. Pitts Survey, Abstract 411, the south line of said adjoining
274	274	called 0.652 acre tract, and the south line of an adjoining called
275	275	57.3029 acre tract recorded in Volume 619, Page 220, Official
276	276	Records, Waller County, Texas, 960.90 feet to the intersection of
277	277	said line with the Waller-Harris County line for the northeast
278	278	corner of the herein described tract;
279	279	Thence South 18 degrees 54 minutes 19 seconds East along the
280	280	Waller-Harris County line, 8,291.16 feet to the intersection of
281	281	said line with the south line of the aforementioned H. & T. C.
282	282	Railroad Company Survey Section 129, Abstract 204, for the
283	283	southeast corner of the herein described tract, said point being in
284	284	the south line of said called 1,263.584 acre tract, same being the
285	285	north line of the aforementioned adjoining J. W. McCutcheon Survey
286	286	Section 130, Abstract 308, and the north line of the aforementioned
287	287	adjoining residue of a called 1,277.0358 acre tract recorded in
288	288	Volume 313, Page 416, Deed Records, Waller County, Texas;
289	289	Thence South 87 degrees 58 minutes 25 seconds West along the
290	290	south line of the herein described tract and said H. & T. C.
291	291	Railroad Company Survey Section 129, Abstract 204, same being the
292	292	north line of said adjoining J. W. McCutcheon Survey Section 130,
293	293	Abstract 308, and the north line of said adjoining residue of a
294	294	called 1,277.0358 acre tract, 3,327.01 feet to the southwest corner
295	295	of said H. & T. C. Railroad Company Survey Section 129, Abstract
296	296	204, same being the southeast corner of the aforementioned Fred
297	297	Eule Survey, Abstract 375;
298	298	Thence North 02 degrees 20 minutes 57 seconds West along the
299	299	west line of said H. & T. C. Railroad Company Survey Section 129,
300	300	Abstract 204, same being the east line of said Fred Eule Survey,
301	301	Abstract 375, 53.43 feet to the southeast corner of an adjoining
302	302	called 10.00 acre tract recorded in Volume 200, Page 118, Deed
303	303	Records, Waller County, Texas;
304	304	Thence along the common line of the herein described tract
305	305	and said adjoining called 10.00 acre tract with the following
306	306	courses and distances:
307	307	North 02 degrees 20 minutes 57 seconds West, 660.00 feet;
308	308	South 87 degrees 29 minutes 25 seconds West, 660.00 feet;
309	309	South 02 degrees 20 minutes 57 seconds East, 660.00 feet;
310	310	North 87 degrees 29 minutes 25 seconds East, 660.00 feet to
311	311	the southeast corner of said adjoining called 10.00 acre tract,
312	312	said point being in the east line of said Fred Eule Survey, Abstract
313	313	375, same being the west line of said H. & T. C. Railroad Company
314	314	Survey Section 129, Abstract 204;
315	315	Thence South 02 degrees 20 minutes 57 seconds East along the
316	316	east line of said Fred Eule Survey, Abstract 375, same being the
317	317	west line of said H. & T. C. Railroad Company Survey Section 129,
318	318	Abstract 204, 53.43 feet to the Point of Beginning and containing
319	319	696.27 acres of land, more or less.
320	320	SECTION 3. (a) The legal notice of the intention to
321	321	introduce this Act, setting forth the general substance of this
322	322	Act, has been published as provided by law, and the notice and a
323	323	copy of this Act have been furnished to all persons, agencies,
324	324	officials, or entities to which they are required to be furnished
325	325	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
326	326	Government Code.
327	327	(b) The governor, one of the required recipients, has
328	328	submitted the notice and Act to the Texas Commission on
329	329	Environmental Quality.
330	330	(c) The Texas Commission on Environmental Quality has filed
331	331	its recommendations relating to this Act with the governor, the
332	332	lieutenant governor, and the speaker of the house of
333	333	representatives within the required time.
334	334	(d) All requirements of the constitution and laws of this
335	335	state and the rules and procedures of the legislature with respect
336	336	to the notice, introduction, and passage of this Act are fulfilled
337	337	and accomplished.
338	338	SECTION 4. (a) If this Act does not receive a two-thirds
339	339	vote of all the members elected to each house, Subchapter C, Chapter
340	340	8071, Special District Local Laws Code, as added by Section 1 of
341	341	this Act, is amended by adding Section 8071.0306 to read as follows:
342	342	Sec. 8071.0306. NO EMINENT DOMAIN POWER. The district may
343	343	not exercise the power of eminent domain.
344	344	(b) This section is not intended to be an expression of a
345	345	legislative interpretation of the requirements of Section 17(c),
346	346	Article I, Texas Constitution.
347	347	SECTION 5. This Act takes effect immediately if it receives
348	348	a vote of two-thirds of all the members elected to each house, as
349	349	provided by Section 39, Article III, Texas Constitution. If this
350	350	Act does not receive the vote necessary for immediate effect, this
351	351	Act takes effect September 1, 2019.