H.B. No. 4668
AN ACT
relating to the creation of the Medina County Water Control and
Improvement District No. 4; 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 I, Title 6, Special District Local Laws
Code, is amended by adding Chapter 9031 to read as follows:
CHAPTER 9031. MEDINA COUNTY WATER CONTROL AND
IMPROVEMENT DISTRICT NO. 4
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9031.0101. 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 Medina County Water Control
and Improvement District No. 4.
Sec. 9031.0102. NATURE OF DISTRICT. The district is a water
control and improvement district created under Section 59, Article
XVI, Texas Constitution.
Sec. 9031.0103. CONFIRMATION AND DIRECTORS' 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. 9031.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
9031.0103 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. 9031.0105. 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 water control and improvement district as
provided by general law and Section 59, Article XVI, Texas
Constitution, including the collection, transportation,
processing, disposal, and control of domestic, industrial, or
communal waste and the gathering, conducting, diverting, and
control of local stormwater or other harmful excesses of water; 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. 9031.0106. 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. 9031.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 9031.0202, directors
serve staggered four-year terms.
Sec. 9031.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Jim Welch;
(2) Allen Hoover;
(3) Matt Baillio;
(4) Skip Lietz; and
(5) David Higgins.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 9031.0103; 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 9031.0103 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 9031.0103; 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. 9031.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 9031.0302. WATER CONTROL AND IMPROVEMENT DISTRICT
POWERS AND DUTIES. The district has the powers and duties provided
by the general law of this state, including Chapters 49 and 51,
Water Code, applicable to water control and improvement districts
created under Section 59, Article XVI, Texas Constitution, and
specifically including the powers and duties authorized under
Subchapter H, Chapter 51, Water Code.
Sec. 9031.0303. 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. 9031.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
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, zoning and
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. 9031.0305. 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 42.042 or 42.0425, Local Government Code, and
consents to the creation of the district or to the inclusion of land
in the district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9031.0401. 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 9031.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 51, 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. 9031.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 9031.0401, 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. 9031.0403. 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. 9031.0501. 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. 9031.0502. 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 Section 51.433, Water Code.
Sec. 9031.0503. 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 Medina County Water Control and Improvement
District No. 4 initially includes all the territory contained in
the following area:
FIELD NOTES FOR A 386.666 ACRE TRACT OF LAND IN THE JOSE
JACINTO GONZALES SURVEY 255, ABSTRACT NO. 408, AND THE BERIANA
SANDOVAL SURVEY 40, ABSTRACT NO. 840, MEDINA COUNTY, TEXAS, BEING
ALL OF A CALLED 177.28 ACRE TRACT OF LAND AS CONVEYED UNTO TAUNA R.
WILTZ IN VOLUME 690, PAGE 494 OF THE OFFICIAL RECORDS OF MEDINA
COUNTY, TEXAS, ALL OF A CALLED 58.588 ACRE TRACT OF LAND (TRACT 5)
AS CONVEYED UNTO ROSALIE J. KAIL IN VOLUME 295, PAGE 857 OF THE DEED
RECORDS OF MEDINA COUNTY, TEXAS, ALL OF A CALLED 116.2 ACRE TRACT OF
LAND AS CONVEYED UNTO CHRIS RANDAL SCHUCHART IN VOLUME 106, PAGE 705
OF THE OFFICIAL PUBLIC RECORDS OF MEDINA COUNTY, TEXAS, AND A
PORTION OF THE REMAINING PORTION OF A CALLED 285.71 ACRE TRACT OF
LAND AS CONVEYED UNTO CHRIS SCHUCHART IN DOCUMENT NUMBER 2019007792
OF THE PUBLIC RECORDS OF MEDINA COUNTY, TEXAS; SAID 386.666 ACRE
TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING at a calculated point of the curvilinear west
right-of-way line of Farm-to-Market (F.M.) Road 471 (R.O.W. ~ 80')
a shown on the Texas Department of Transportation Right-of-way
retracement map dated 12/17/2004 at the common corner of said
177.28 acre tract and a called 58.588 acre tract of land (Tract 4)
as conveyed unto Millard G. Schuchart in the aforementioned Volume
295, Page 857, for the easterly northeast corner and POINT OF
BEGINNING of the herein described tract:
THENCE, coincident with the common line of said west
right-of-way, the 177.28 acre tract and the aforementioned 58.588
acre tract (Tract 5) the following three (3) courses:
1) Curving to the left, with a radius of 612.96 feet, an arc
length of 22.15 feet, a central angle of 02°04'13", a chord bearing
of S 05°52'13" W, and a chord distance of 22.15 feet to a calculated
point for a point of tangency of the herein described tract;
2) S 04°50'07" W, a distance of 1,545.14 feet to a calculated
point for an angle point of the herein described tract;
3) S 06°01'04" W, a distance of 851.43 feet to a calculated
point at the common corner of said Tract 5 and Rio Medina Estates as
recorded in Volume 4, Pages 32-33 of the Plat Records of Medina
County, Texas, for the easterly southeast corner of the herein
described tract;
THENCE, S 89°33'31" W, departing said common line, coincident
with the common line of Tract 5 and said Rio Medina Estates, a
distance of 2,280.86 feet to a calculated point on the east line of
the aforementioned 116.2 acre tract at the common corner of Tract 5
and Rio Medina Estates, for a re-entrant corner of the herein
described tract:
THENCE, S 00°52'29" W, coincident with the common line of Rio
Medina Estates and said 116.2 acre tract, a distance of 1,109.01
feet to a calculated point on the north line of a called 114.675
acre tract of land conveyed unto Randall Allen Haby and described in
Volume 241, Page 85 of the Official Public Records of Medina County,
Texas, at the common corner of the 116.2 acre tract and Rio Medina
Estates, for the southerly southeast corner of the herein described
tract:
THENCE, S 89°29'24" W, coincident with the common line of the
116.2 acre tract, said 114.675 acre tract, the aforementioned
remaining portion of the 285.71 acre tract, a called 47.175 acre
tract of land as conveyed unto Newcity Communications of SA, Inc in
Volume 108, Page 281 of the Official Public Records of Medina
County, Texas and a called 375.53 acre tract of land as conveyed
unto Linda Haby Wurzbach in Volume 758, Page 1132 of the Official
Records of Medina County, Texas, a distance of 3,060.72 feet to a
calculated point for the southwest corner of the herein described
tract;
THENCE, departing said common line, over and across said
remaining portion of the 285.71 acre tract the following six (6)
courses:
1) N 21°29'40" E, a distance of 410.53 feet to a calculated
point for an angle point of the herein described tract;
2) N 77°53'57" E, a distance of 1,305.08 feet to a calculated
point for an angle point of the herein described tract;
3) N 10°39'31" E, a distance of 597.05 feet to a calculated
point for an angle point of the herein described tract;
4) N 07°19'17" W, a distance of 1,014.63 feet to a calculated
point for an angle point of the herein described tract;
5) N 58°37'44" W, a distance of 713.48 feet to a calculated
point for an angle point of the herein described tract;
6) N 28°45'29" E, a distance of 957.02 feet to a calculated
point on the common line of the remaining portion of the 285.71 acre
tract and the aforementioned 116.2 acre tract, for an angle point of
the herein described tract;
THENCE, N 09°48'15" W, coincident with the common line of the
remaining portion of 285.71 acre tract and said 116.2 acre tract, a
distance of 937.08 feet to a calculated point on the southeast
right-of-way line of County Road (C.R.) 371, (R.O.W. ~ varies), no
reference found, at the common corner of the remaining portion of
the 285.71 acre tract and the 116.2 acre tract, for an angle point
of the herein described tract;
THENCE, N 31°22'00" E, coincident with the common line of said
116.2 acre tract and said right-of-way, a distance of 510.54 feet to
a calculated point at the southwest end of the cutback line from the
south right-of-way line of F.M. 1283, (R.O.W. ~ varies, 100' min.)
as shown on the Texas Department of Transportation Right-of-way
Retracement Map dated 3/30/2005, for an angle point of the herein
described tract:
THENCE, N 75°12'03" E, coincident with the common line of said
cutback and the 116.2 acre tract, a distance of 146.97 feet to a
calculated point on the curvilinear south right-of-way line of said
F.M. 1283, at the beginning of a non-tangent curve for an angle
point of the herein described tract;
THENCE, coincident with the common line of said right-of-way,
the 116.2 acre tract and the aforementioned 177.28 acre tract the
following three (3) courses:
1) Curving to the left, with a radius of 1,969.64 feet, an
arc length of 1,538.16 feet, a central angle of 44°44'39", a chord
bearing of S 84°46'27" E, and a chord distance of 1,499.37 feet to a
calculated point at the end of this curve;
2) N 70°56'40" E, a distance of 300.17 feet to a calculated
point, for an angle point of the herein described tract:
3) N 72°51'16" E, a distance of 930.81 feet to a calculated
point, at the common corner of said 177.28 acre tract and the
aforementioned 58.588 acre tract (Tract 4), for the northeast
corner of the herein described tract:
THENCE, departing said common line, coincident with the
common line of the 177.28 acre tract and said Tract 4, the following
three (3) courses:
1) S 02°38'00" E, a distance of 673.15 feet to a calculated
point for an angle point of the herein described tract:
2) S 49°26'10" E, a distance of 1,241.45 feet to a calculated
point for an angle point of the herein described tract:
3) S 83°25'00" E, a distance of 435.47 feet to the POINT OF
BEGINNING and containing 386.666 acres of land, more or less.
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
9031, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 9031.0306 to read as follows:
Sec. 9031.0306. 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. 4668 was passed by the House on May
18, 2021, by the following vote: Yeas 100, Nays 37, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4668 was passed by the Senate on May
25, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor