Texas 2021 - 87th Regular

Texas House Bill HB4635 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4635
	1	+	By: Bell of Montgomery (Senate Sponsor - Kolkhorst) H.B. No. 4635
	2	+	(In the Senate - Received from the House May 17, 2021;
	3	+	May 17, 2021, read first time and referred to Committee on Local
	4	+	Government; May 21, 2021, reported favorably by the following
	5	+	vote: Yeas 7, Nays 0; May 21, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the creation of the Waller County Municipal Utility
6	12		District No. 38; granting a limited power of eminent domain;
7	13		providing authority to issue bonds; providing authority to impose
8	14		assessments, fees, and taxes.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	17		Code, is amended by adding Chapter 7944A to read as follows:
12	18		CHAPTER 7944A. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 38
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 7944A.0101. DEFINITIONS. In this chapter:
15	21		(1) "Board" means the district's board of directors.
16	22		(2) "Commission" means the Texas Commission on
17	23		Environmental Quality.
18	24		(3) "Director" means a board member.
19	25		(4) "District" means the Waller County Municipal
20	26		Utility District No. 38.
21	27		Sec. 7944A.0102. NATURE OF DISTRICT. The district is a
22	28		municipal utility district created under Section 59, Article XVI,
23	29		Texas Constitution.
24	30		Sec. 7944A.0103. CONFIRMATION AND DIRECTOR ELECTION
25	31		REQUIRED. The temporary directors shall hold an election to
26	32		confirm the creation of the district and to elect five permanent
27	33		directors as provided by Section 49.102, Water Code.
28	34		Sec. 7944A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section
30	36		7944A.0103 until each municipality in whose corporate limits or
31	37		extraterritorial jurisdiction the district is located has
32	38		consented by ordinance or resolution to the creation of the
33	39		district and to the inclusion of land in the district.
34	40		Sec. 7944A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	41		(a) The district is created to serve a public purpose and benefit.
36	42		(b) The district is created to accomplish the purposes of:
37	43		(1) a municipal utility district as provided by
38	44		general law and Section 59, Article XVI, Texas Constitution; and
39	45		(2) Section 52, Article III, Texas Constitution, that
40	46		relate to the construction, acquisition, improvement, operation,
41	47		or maintenance of macadamized, graveled, or paved roads, or
42	48		improvements, including storm drainage, in aid of those roads.
43	49		Sec. 7944A.0106. INITIAL DISTRICT TERRITORY. (a) The
44	50		district is initially composed of the territory described by
45	51		Section 2 of the Act enacting this chapter.
46	52		(b) The boundaries and field notes contained in Section 2 of
47	53		the Act enacting this chapter form a closure. A mistake made in the
48	54		field notes or in copying the field notes in the legislative process
49	55		does not affect the district's:
50	56		(1) organization, existence, or validity;
51	57		(2) right to issue any type of bond for the purposes
52	58		for which the district is created or to pay the principal of and
53	59		interest on a bond;
54	60		(3) right to impose a tax; or
55	61		(4) legality or operation.
56	62		SUBCHAPTER B. BOARD OF DIRECTORS
57	63		Sec. 7944A.0201. GOVERNING BODY; TERMS. (a) The district
58	64		is governed by a board of five elected directors.
59	65		(b) Except as provided by Section 7944A.0202, directors
60	66		serve staggered four-year terms.
61	67		Sec. 7944A.0202. TEMPORARY DIRECTORS. (a) The temporary
62	68		board consists of:
63	69		(1) Allison Thompson;
64	70		(2) Zachary Boyer;
65	71		(3) Mario Gobert Sr.;
66	72		(4) Sean Hewitt; and
67	73		(5) Jerry Peruchini.
68	74		(b) Temporary directors serve until the earlier of:
69	75		(1) the date permanent directors are elected under
70	76		Section 7944A.0103; or
71	77		(2) the fourth anniversary of the effective date of
72	78		the Act enacting this chapter.
73	79		(c) If permanent directors have not been elected under
74	80		Section 7944A.0103 and the terms of the temporary directors have
75	81		expired, successor temporary directors shall be appointed or
76	82		reappointed as provided by Subsection (d) to serve terms that
77	83		expire on the earlier of:
78	84		(1) the date permanent directors are elected under
79	85		Section 7944A.0103; or
80	86		(2) the fourth anniversary of the date of the
81	87		appointment or reappointment.
82	88		(d) If Subsection (c) applies, the owner or owners of a
83	89		majority of the assessed value of the real property in the district
84	90		may submit a petition to the commission requesting that the
85	91		commission appoint as successor temporary directors the five
86	92		persons named in the petition. The commission shall appoint as
87	93		successor temporary directors the five persons named in the
88	94		petition.
89	95		SUBCHAPTER C. POWERS AND DUTIES
90	96		Sec. 7944A.0301. GENERAL POWERS AND DUTIES. The district
91	97		has the powers and duties necessary to accomplish the purposes for
92	98		which the district is created.
93	99		Sec. 7944A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	100		DUTIES. The district has the powers and duties provided by the
95	101		general law of this state, including Chapters 49 and 54, Water Code,
96	102		applicable to municipal utility districts created under Section 59,
97	103		Article XVI, Texas Constitution.
98	104		Sec. 7944A.0303. AUTHORITY FOR ROAD PROJECTS. Under
99	105		Section 52, Article III, Texas Constitution, the district may
100	106		design, acquire, construct, finance, issue bonds for, improve,
101	107		operate, maintain, and convey to this state, a county, or a
102	108		municipality for operation and maintenance macadamized, graveled,
103	109		or paved roads, or improvements, including storm drainage, in aid
104	110		of those roads.
105	111		Sec. 7944A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	112		road project must meet all applicable construction standards,
107	113		zoning and subdivision requirements, and regulations of each
108	114		municipality in whose corporate limits or extraterritorial
109	115		jurisdiction the road project is located.
110	116		(b) If a road project is not located in the corporate limits
111	117		or extraterritorial jurisdiction of a municipality, the road
112	118		project must meet all applicable construction standards,
113	119		subdivision requirements, and regulations of each county in which
114	120		the road project is located.
115	121		(c) If the state will maintain and operate the road, the
116	122		Texas Transportation Commission must approve the plans and
117	123		specifications of the road project.
118	124		Sec. 7944A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
119	125		ORDINANCE OR RESOLUTION. The district shall comply with all
120	126		applicable requirements of any ordinance or resolution that is
121	127		adopted under Section 54.016 or 54.0165, Water Code, and that
122	128		consents to the creation of the district or to the inclusion of land
123	129		in the district.
124	130		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
125	131		Sec. 7944A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
126	132		The district may issue, without an election, bonds and other
127	133		obligations secured by:
128	134		(1) revenue other than ad valorem taxes; or
129	135		(2) contract payments described by Section
130	136		7944A.0403.
131	137		(b) The district must hold an election in the manner
132	138		provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	139		before the district may impose an ad valorem tax or issue bonds
134	140		payable from ad valorem taxes.
135	141		(c) The district may not issue bonds payable from ad valorem
136	142		taxes to finance a road project unless the issuance is approved by a
137	143		vote of a two-thirds majority of the district voters voting at an
138	144		election held for that purpose.
139	145		Sec. 7944A.0402. OPERATION AND MAINTENANCE TAX. (a) If
140	146		authorized at an election held under Section 7944A.0401, the
141	147		district may impose an operation and maintenance tax on taxable
142	148		property in the district in accordance with Section 49.107, Water
143	149		Code.
144	150		(b) The board shall determine the tax rate. The rate may not
145	151		exceed the rate approved at the election.
146	152		Sec. 7944A.0403. CONTRACT TAXES. (a) In accordance with
147	153		Section 49.108, Water Code, the district may impose a tax other than
148	154		an operation and maintenance tax and use the revenue derived from
149	155		the tax to make payments under a contract after the provisions of
150	156		the contract have been approved by a majority of the district voters
151	157		voting at an election held for that purpose.
152	158		(b) A contract approved by the district voters may contain a
153	159		provision stating that the contract may be modified or amended by
154	160		the board without further voter approval.
155	161		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
156	162		Sec. 7944A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
157	163		OBLIGATIONS. The district may issue bonds or other obligations
158	164		payable wholly or partly from ad valorem taxes, impact fees,
159	165		revenue, contract payments, grants, or other district money, or any
160	166		combination of those sources, to pay for any authorized district
161	167		purpose.
162	168		Sec. 7944A.0502. TAXES FOR BONDS. At the time the district
163	169		issues bonds payable wholly or partly from ad valorem taxes, the
164	170		board shall provide for the annual imposition of a continuing
165	171		direct ad valorem tax, without limit as to rate or amount, while all
166	172		or part of the bonds are outstanding as required and in the manner
167	173		provided by Sections 54.601 and 54.602, Water Code.
168	174		Sec. 7944A.0503. BONDS FOR ROAD PROJECTS. At the time of
169	175		issuance, the total principal amount of bonds or other obligations
170	176		issued or incurred to finance road projects and payable from ad
171	177		valorem taxes may not exceed one-fourth of the assessed value of the
172	178		real property in the district.
173	179		SECTION 2. The Waller County Municipal Utility District No.
174	180		38 initially includes all the territory contained in the following
175	181		area:
176	182		A description of 469.7 acres of land located in the Nathan W.
177	183		Bush Survey, Abstract 76, and the John L. Boatright Survey,
178	184		Abstract 81, Waller County, Texas, and out a called 69 acre tract
179	185		(First Tract) described in the deed to Paul Arrington Wood,
180	186		Trustee, recorded under Volume 634, Page 710, in the Deed Records of
181	187		Waller County, Texas, a called 84 acre tract (Second Tract)
182	188		described in the deed to Paul Arrington Wood, Trustee, recorded
183	189		under Volume 634, Page 710, in the Deed Records of Waller County,
184	190		Texas, the called 205 acre tract described in the deed to Paul
185	191		Arrington Wood, Trustee, recorded under Volume 634, Page 710, in
186	192		the Deed Records of Waller County, Texas, and the 236 acre tract
187	193		described in the deed to Paul Arrington Wood, Trustee, recorded
188	194		under Volume 551, Page 50 and Volume 551, Page 52, in the Deed
189	195		Records of Waller County, Texas, and more particularly described by
190	196		metes and bounds as follows (all bearings referenced to the Texas
191	197		Coordinate System, South Central Zone (4204), NAD 83 (NA2011) Epoch
192	198		2010.00):
193	199		BEGINNING at a found fence post at the southeast corner of a
194	200		called 29.565 acre tract described in the deed to Huey Paul Beckham,
195	201		and wife, Carolyn Ann Beckham, recorded under Volume 319, Page 528,
196	202		in the Deed Records of Waller County, Texas, common to the southwest
197	203		corner of said 205 acre tract, and the southwest corner of the
198	204		herein described tract, in the north right-of-way line of Owens
199	205		Road (called 80 feet wide), (found to be 79.7 feet wide at this
200	206		point);
201	207		Thence, North 02° 23' 59" West – 2515.78', along the west line
202	208		of said 205 acre tract, and along a west line of the aforesaid First
203	209		Tract, to a found fence post at the northeast corner of said 29.565
204	210		acre tract, common to an angle corner of the herein described tract;
205	211		Thence, South 87° 20' 45" West – 297.31', along the north line
206	212		of said 29.565 acre tract, common to a south line of said First
207	213		Tract, to a found fence post at the most westerly southwest corner
208	214		of said First Tract, common to the southeast corner of a called
209	215		38.2977 acre tract, described as Tract 4B, described in the deed to
210	216		Cynthia Flukinger Stasny, recorded under Volume 410, Page 368, in
211	217		the Deed Records of Waller County, Texas;
212	218		Thence, North 02° 27' 25" West – 818.17', along a west line of
213	219		said "First Tract" common to the east line of said Tract 4B, to a
214	220		1/2" iron rod with cap stamped "Precision Surveying" found for the
215	221		southwest corner of a called 97.1861 acre tract described in the
216	222		deed to Edmund and So King Chan recorded under File Number 1502533,
217	223		in the Official Public Records of Waller County, Texas;
218	224		Thence, North 86° 09' 07" East – 3604.71', along the south line
219	225		of said 97.1861 acre tract, (at 2,196.59' passing a 1/2" iron rod
220	226		with cap stamped "Precision Surveying" found for the southeast
221	227		corner of said 97.1861 acre tract, common to the most northerly
222	228		northwest corner of aforesaid 205 acre tract), then continuing
223	229		along the north line of said 205 acre tract, common to the south
224	230		line of a called 25.453 acre tract (referenced as Tract 8) described
225	231		in the deed to Charley E. Richard and Eula P. Richard, recorded
226	232		under Volume 509, Page 221, in the Deed Records of Waller County,
227	233		Texas, and partially along the south line of a called 25.453 acre
228	234		tract (referenced as Tract 10) described in the deed to Charley E.
229	235		Richard and Eula P. Richard, recorded under Volume 646, Page 772, in
230	236		the Deed Records of Waller County, Texas to a 3/4" iron pipe found
231	237		for the northeast corner of said 205 acre tract, common to an angle
232	238		corner of said Tract 10, in the west line of aforesaid 236 acre
233	239		tract;
234	240		Thence, North 02° 42' 37" West – 4.00', along the west line of
235	241		said 236 acre tract, common to an east line of said Tract 10, to a
236	242		5/8" iron rod with cap stamped "LJA SURVEY" set for an angle corner
237	243		of the herein described tract, common to the northwest corner of
238	244		said 236 acre tract, and an angle corner of said Tract 10;
239	245		Thence, North 86° 01' 48" East – 2474.62', along a south line
240	246		of said Tract 10, common to the north line of said 236 acre tract,
241	247		(at 1042.89' passing a 3/4" iron rod found for the southeast corner
242	248		of said Tract 10, common to the southwest corner of the 25.4535 acre
243	249		tract referenced in the deed to Donald G. Keischnick and Grace A.
244	250		Keischnick, recorded under Volume 412, Page 337, in the Deed
245	251		Records of Waller County, Texas, and described as 25.453 acres
246	252		(Tract Twelve) in the deed recorded under Volume 224, Page 170, of
247	253		the Deed Records of Waller County, Texas) then continuing along the
248	254		north line of said 236 acre tract, common to the south line of said
249	255		Tract Twelve, to a 5/8" iron rod with cap stamped "LJA SURVEY" set
250	256		for the northeast corner of the herein described tract, common to
251	257		the southeast corner of said Tract Twelve, in the west right-of-way
252	258		line of F.M. 362 (80' right-of-way width);
253	259		Thence, South 20° 44' 44" East – 2131.42', along said west
254	260		right-of-way line, to a 5/8" iron rod with cap stamped "LJA SURVEY"
255	261		set for the beginning of a tangent curve to the right;
256	262		Thence, 896.48', along said west right-of-way line, along
257	263		said tangent curve to the right, having a radius of 2824.93', a
258	264		central angle of 18° 10' 57", and a chord bearing and distance of
259	265		South 11° 39' 01" East – 892.71' to a 5/8" iron rod with cap stamped
260	266		"LJA SURVEY" set for the end of curve;
261	267		Thence, South 02° 33' 44" West – 464.00', continuing along
262	268		said west right-of-way line, to a found 12" cedar post at the
263	269		intersection of said west right-of-way line and the north
264	270		right-of-way line of aforesaid Owens Road (found to be 80' wide at
265	271		this point), common to the southeast corner of the herein described
266	272		tract;
267	273		Thence, South 86° 25' 49" West – 2412.90', along the north
268	274		right-of-way line of said Owens Road, to a 5/8" iron rod with cap
269	275		stamped "LJA SURVEY" set for an interior corner of the herein
270	276		described tract (said Owens Road found to be 78.4' wide at this
271	277		point);
272	278		Thence, North 04° 27' 13" West – 1054.33', generally along the
273	279		west side of a gravel drive, to a 5/8" iron rod with cap stamped "LJA
274	280		SURVEY" set for an interior corner of the herein described tract;
275	281		Thence, North 82° 00' 12" West – 841.76', generally along a 4'
276	282		barbed wire fence, to a 5/8" iron rod with cap stamped "LJA SURVEY"
277	283		set for an interior corner of the herein described tract, in the
278	284		east line of aforesaid 205 acre tract, common to the west line of
279	285		aforesaid 236 acre tract;
280	286		Thence, South 02° 42' 37" East – 1223.17', along said common
281	287		line, (at 872.58' passing a 1/2" iron rod found for the northwest
282	288		corner of a called 2.016 acre tract described in the deed to Charles
283	289		J. Wood and Robyn A. Wood recorded under Volume 498, Page 493, in
284	290		the Deed Records of Waller County, Texas), then continuing along
285	291		said common line, and the west line of said 2.016 acre tract, to the
286	292		southwest corner of said 2.016 acre tract, in the north
287	293		right-of-way line of said Owens Road (found to be 77.5' wide at this
288	294		point), from which a bent 1/2" iron rod bears North 86° 34' 26" East –
289	295		1.54'';
290	296		Thence, South 86° 34' 26" West – 3324.19', along the north
291	297		right-of-way line of said Owens Road, to the POINT OF BEGINNING and
292	298		containing 469.7 acres of land.
293	299		SECTION 3. (a) The legal notice of the intention to
294	300		introduce this Act, setting forth the general substance of this
295	301		Act, has been published as provided by law, and the notice and a
296	302		copy of this Act have been furnished to all persons, agencies,
297	303		officials, or entities to which they are required to be furnished
298	304		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
299	305		Government Code.
300	306		(b) The governor, one of the required recipients, has
301	307		submitted the notice and Act to the Texas Commission on
302	308		Environmental Quality.
303	309		(c) The Texas Commission on Environmental Quality has filed
304	310		its recommendations relating to this Act with the governor, the
305	311		lieutenant governor, and the speaker of the house of
306	312		representatives within the required time.
307	313		(d) All requirements of the constitution and laws of this
308	314		state and the rules and procedures of the legislature with respect
309	315		to the notice, introduction, and passage of this Act are fulfilled
310	316		and accomplished.
311	317		SECTION 4. (a) If this Act does not receive a two-thirds
312	318		vote of all the members elected to each house, Subchapter C, Chapter
313	319		7944A, Special District Local Laws Code, as added by Section 1 of
314	320		this Act, is amended by adding Section 7944A.0306 to read as
315	321		follows:
316	322		Sec. 7944A.0306. NO EMINENT DOMAIN POWER. The district may
317	323		not exercise the power of eminent domain.
318	324		(b) This section is not intended to be an expression of a
319	325		legislative interpretation of the requirements of Section 17(c),
320	326		Article I, Texas Constitution.
321	327		SECTION 5. This Act takes effect immediately if it receives
322	328		a vote of two-thirds of all the members elected to each house, as
323	329		provided by Section 39, Article III, Texas Constitution. If this
324	330		Act does not receive the vote necessary for immediate effect, this
325	331		Act takes effect September 1, 2021.
326		-	______________________________ ______________________________
327		-	President of the Senate Speaker of the House
328		-	I certify that H.B. No. 4635 was passed by the House on May
329		-	14, 2021, by the following vote: Yeas 105, Nays 40, 2 present, not
330		-	voting.
331		-	______________________________
332		-	Chief Clerk of the House
333		-	I certify that H.B. No. 4635 was passed by the Senate on May
334		-	27, 2021, by the following vote: Yeas 30, Nays 1.
335		-	______________________________
336		-	Secretary of the Senate
337		-	APPROVED: _____________________
338		-	Date
339		-	_____________________
340		-	Governor
	332	+	* * * * *