H.B. No. 4646
AN ACT
relating to the creation of the Creedmoor Municipal Utility
District; granting a limited power of eminent domain; providing
authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7951A to read as follows:
CHAPTER 7951A. CREEDMOOR MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7951A.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Creedmoor Municipal Utility
District.
Sec. 7951A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7951A.0103. CONFIRMATION AND DIRECTOR ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 7951A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7951A.0103 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 7951A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7951A.0106. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7951A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 7951A.0202, directors
serve staggered four-year terms.
Sec. 7951A.0202. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the commission requesting that
the commission appoint as temporary directors the five persons
named in the petition. The commission shall appoint as temporary
directors the five persons named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7951A.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 7951A.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 7951A.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7951A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7951A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 7951A.0303. AUTHORITY FOR ROAD PROJECTS. Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve,
operate, maintain, and convey to this state, a county, or a
municipality for operation and maintenance macadamized, graveled,
or paved roads, or improvements, including storm drainage, in aid
of those roads.
Sec. 7951A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 7951A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7951A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section
7951A.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 7951A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7951A.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 7951A.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7951A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 7951A.0502. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 7951A.0503. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Creedmoor Municipal Utility District
initially includes all the territory contained in the following
area:
TRACT I
FIELDNOTE DESCRIPTION of a tract or parcel of land containing
134.000 acres situated in the Elijah Caples League Survey No. 7,
Abstract No. 155, Travis County, Texas, being a portion of that
certain 148.94 acre tract, conveyed to C. L. Thomas Holdings, LLC as
recorded in Document No. 2014173787 of the Official Public Records
of Travis County, Texas; the said 134.000 acre tract is more
particularly described by metes and bounds as follows:
BEGINNING at a 1/2" iron pipe found for the northeast corner
of the said 148.94 acre tract, same being the southeast corner of
the remainder of that certain 74.8 acre tract, conveyed to Humbert
R. Ventura by probate as recorded in Volume 12557, Page 35 of the
Real Property Records of Travis County, Texas and being on the
northwesterly line of that certain 22.325 acre tract described as
Tract 3, conveyed to JMJ LLC as recorded in Document No. 2018066108
of the said Official Public Records;
THENCE, S42°13'26"W, leaving the southwesterly line of the
said 74.8 acre tract, with the southeasterly line of the said 148.94
acre tract and northwesterly line of the said Tract 3 and the
northwesterly line of that certain 22.325 acre tract (Tract III)
conveyed to JMJ LLC as recorded in Document No. 2017146247 of the
said Official Public Records, for a distance of 2266.21 feet to a
concrete monument found for the common southeast corner of the
aforesaid 148.94 acre tract and the said 22.325 acre tract, on the
existing northeasterly right-of-way line of Old Lockhart Road
(right-of-way varies);
THENCE, N63°07'05"E, leaving the northwesterly line of the
said Tract III and with the southwesterly line of the said 148.94
acre tract and the northeasterly right-of-way line of Old Lockhart
Road, for a distance of 3685.69 feet to a 1/2" iron rod, with cap
marked "Capital Surveying Co. Inc.", set;
THENCE, N26°52'55"E, leaving the northeasterly right-of-way
line of Old Lockhart Road, across the said 148.94 acre tract, for a
distance of 704.72 feet to a 1/2" iron rod, with cap marked "Capital
Surveying Co. Inc.", set on the northerly line of the said 148.94
acre tract same being the southerly right-of-way line of State
Highway 45 (SH 45) (right-of-way varies), as described to the State
of Texas (47.679 acres - Parcel 714) in Document No. 2007143559 of
the said Official Public Records, from which TxDOT brass disk found
on the southerly right-of-way line bears N71°13'19"W, 146.00 feet;
THENCE, with the common northerly line of the said 148.94
acre tract and the southerly right-of-way line of SH 45, for the
following seven (7) courses:
1) S71°13'19"E, 50.52 feet to a TxDOT brass disk found;
2) S74°24'20"E. 225.01 feet to a 1/2" iron rod, with cap
marked "Capital Surveying Co. Inc.", set;
3) S76°44'38"E, 237.76 feet to a TxDOT brass disk found for
the point of curvature for a non-tangent curve to the left;
4) With said non-tangent curve to the left, having a central
angle of 24°35'52", a radius of 4174.50 feet, a chord distance of
1778.43 (chord bears S85°28'34"E), passing a TxDOT brass disk found
at an arc distance of 807.02, for a total arc distance 1792.16 feet
to a TxDOT brass disk found for the point of tangency;
5) N82°13'31"E, passing a TxDOT brass disk at 160.58 feet,
for a total distance of 380.81 feet to a TxDOT brass disk found for
the point of curvature for a non-tangent curve to the left;
6) With said non-tangent curve to the left, having a central
angle of 04°12'53", a radius of 12,000.00 feet, a chord distance of
882.55 feet (chord bears N84°14'58"E), for an arc distance of 882.75
feet to a TxDOT brass disk found for a point non-tangency;
7) N56°45'06"E, 72.87 feet to a 1/2" iron rod, with TxDOT
aluminum cap, found for the most easterly north corner of the said
148.94 tract, same being the westerly corner of the remainder of
that certain 0.682 acres, described as Tract 2, recorded in
Document 2018156843 of the said Official Public Records;
THENCE, S59°42'07"E, leaving the southerly right-of-way line
of SH 45, with the common northeasterly line of the said 148.94 acre
tract and the southwesterly line of the said 0.682 acre tract, for a
distance of 277.84 feet to a 1/2" iron pipe found for the southeast
corner of the said 0.682 acre tract and southwesterly corner of the
aforesaid 74.8 acre tract;
THENCE, S59°59'13"E, with the common northwesterly line of
the said 148.94 acre tract and southwesterly line of the said 74.84
acre tract, for a distance of 769.85 feet to the POINT OF BEGINNING,
CONTAINING within these metes and bounds 134.000 acres of land
area.
Basis of Bearing is the Texas State Plane Coordinate System,
Central Zone, NAD83 (Grid).
TRACT II
FIELDNOTE DESCRIPTION of a tract or parcel of land containing
78.934 acres situated in the William P. Corbin League Survey,
Abstract No. 159, Travis County, Texas, being the remainder of that
87 acre tract, described as Tracts 1, 2 and 3 in the deed conveyed to
Veleria Graef Hohertz and Arlon Wayne Graef as recorded in Document
No. 2017122621 of the Official Public Records of Travis County,
Texas; the said 78.934 acre tract is more particularly described by
metes and bounds as follows:
BEGINNING at a 1/2" iron rod, without cap, found for the
southeast corner of the herein described tract, same being the
southwest corner of that 2.728 acre tract conveyed to George A.
Soria by deed recorded in Volume 10335, Page 141 of the Real
Property Records of Travis County, Texas, and a point on the
existing northerly right-of-way line of Turnersville Road
(right-of-way varies);
THENCE, N62°19'41"W, leaving the westerly line of the said
2.728 acre tract, with the common southerly line of the said 87 acre
tract and northerly right-of-way line of Turnersville Road, for a
distance of 1136.36 feet to a 1/2" iron rod, with cap, found for the
southeast corner of that 1.82 acre tract conveyed to Richard A.
Schmidt by deed recorded in Document No. 2019020106 of the said
Official Public Records;
THENCE, N00°29'43"W, leaving the northerly right-of-way line
of Turnersville Road, across the said remainder of the 87 acre
tract, with the easterly line of the said 1.82 acre tract, for a
distance of 421.83 feet to a calculated point.for the northeast
corner of the aforesaid 1.82 acre tract, being the southeast corner
of that 2.18 acre remainder of that 4.0 acre tract conveyed to
Robert A. Schmidt by deed recorded in Document No. 2019017058 of
the said Official Public Records;
THENCE, N00°29'43"W, leaving the northerly line of the said
1.82 acre tract and continuing across the said 87 acre tract, with
the easterly line of the said 2.18 acre tract, for a distance of
195.16 feet to a 1/2" iron pipe found for the northeast corner of
the aforesaid 2.18 acre tract, same being in the southerly line of
that 2.50 acre tract (Remainder of 4.00 acre Tracts 1 and 2),
conveyed to Jorge Ruiz Sanchez by deed recorded in Document
No. 2006008601 of the said Official Public Records;
THENCE, leaving the southerly line of the said 2.18 tract,
and continuing across the said 87 acre tract, with the southerly and
easterly line of the said 2.50 acre tract, for the following three
(3) courses
1) S65°36'06"E, 41.42 feet to a 1/2" iron rod pipe found for
the most southerly corner of the aforesaid 2.50 acre tract;
2) N12°03'22"E, 311.02 feet to a fence post for an angle
point;
3) N03°45'59"E, 91.37 feet to a 1/2" iron pin found, no cap,
for the northeast corner of the aforesaid 2.50 acre tract, same
being the southwest corner of that 1.50 acre tract conveyed to
Valentin Benitez-Benitez by deed recorded in Document
No. 2014109464 of the said Official Public Records;
THENCE, leaving the northerly line of the said 2.50 acre
tract, across the said 87 acre tract, with the easterly and
northerly line of the said 1.50 acre tract, for the following two
(2) courses:
1) N03°45'59"E, 187.42 feet to a fence corner post found for
corner;
2) N86°49'20"W, 355.99 feet to a 1" iron rod, without cap,
found for the northwest corner of the aforesaid 1.50 acre tract,
same being on the common occupied westerly line of the 87 acre tract
and easterly right-of-way line of Williamson Road (right-of-way
varies);
THENCE, N00°33'27"W, leaving the northerly line of the 1.50
acre tract, across the said 87 acre tract, with the easterly
right-of-way line of Williamson Road, for a distance of 914.74 feet
to a 1/2" iron rod, with cap marked "Capital Surveying Co. Inc.",
set for the most northerly corner of the herein described tract,
same being on the occupied southwest right-of way line of Old
Lockhart Highway (right-of-way varies);
THENCE, S63°21'38"E, leaving the southerly right-of-way of
Williamson Road, across the said 87 acre tract, with the southwest
right-of-way line of the Old Lockhart Highway, 2802.82 feet to a
1/2" iron rod, with cap marked "Capital Surveying Co. Inc.", set for
the most easterly corner of the herein described tract, same being
the northwest corner of that 7.728 acre tract conveyed to Linda
Thompson and Larry D. Thompson by deed recorded in Document
No. 2008094501 of the said Official Public Records;
THENCE, leaving the southwest right-of-way line of Old
Lockhart Highway along the southeast line of the said 87 acre tract,
being the northwest line of the said 7.728 acre tract and the
aforesaid 2.728 acre tract, for the following four (4) courses:
1) S42°01'19"W, 786.97 feet to a 1/2" iron rod, with cap
marked "Capital Surveying Co. Inc.", set, from which a 1/2" iron rod
found, no cap, bears N06°44'11"E, 1.37 feet;
2) S41°46'24"W, passing at 406.30 feet the northwest corner
of the aforesaid 2.728 acre tract for a total distance of 449.42
feet;
3) S42°05'30"W, 328.50 feet to a 1/2" iron rod, with cap
marked "Capital Surveying Co. Inc.", set;
4) S42°17'24"W, 302.91 feet to the POINT OF BEGINNING,
CONTAINING within these metes and bounds 78.934 acres of land area.
Basis of Bearing is the Texas State Plane Coordinate System,
Central Zone, NAD83 (Grid).
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
7951A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7951A.0306 to read as
follows:
Sec. 7951A.0306. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4646 was passed by the House on May 8,
2021, by the following vote: Yeas 108, Nays 31, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4646 on May 28, 2021, by the following vote: Yeas 99, Nays 43,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4646 was passed by the Senate, with
amendments, on May 27, 2021, by the following vote: Yeas 30, Nays
1.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor