Texas 2021 - 87th Regular

Texas Senate Bill SB2150 Compare Versions

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

Old	New	Differences
1	1	87R15693 MP-F
2	2	By: Kolkhorst S.B. No. 2150
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. 40; 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 7901 to read as follows:
14	14	CHAPTER 7901. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 40
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7901.0101. 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. 40.
23	23	Sec. 7901.0102. 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. 7901.0103. 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. 7901.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	7901.0103 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. 7901.0105. 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. 7901.0106. 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. 7901.0201. 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 7901.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 7901.0202. 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 7901.0103; 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 7901.0103 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 7901.0103; 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	Sec. 7901.0203. DESIGNATED BOARD MEETING LOCATION. (a)
92	92	The board shall designate a meeting place inside the district for
93	93	conducting the meetings of the board. The meeting place designated
94	94	may be a private residence or office, provided that, in the order
95	95	designating the meeting place, the board declares the place where
96	96	the meeting is held to be a public place and invites the public to
97	97	attend any meeting of the board held in that place.
98	98	(b) If the board establishes that no suitable place exists
99	99	for meeting inside the district, the board may designate a meeting
100	100	place outside the district. The board shall give notice of the
101	101	location of a meeting place outside the district by:
102	102	(1) filing a copy of the resolution designating the
103	103	location and a justification of why the meeting will not be held in
104	104	the district or within 10 miles of the boundary of the district, if
105	105	applicable, with the commission; and
106	106	(2) publishing notice of the location in a newspaper
107	107	of general circulation in the district.
108	108	(c) If the board changes the location of a meeting place
109	109	outside the district, the board shall give notice of the change in
110	110	the manner described by Subsection (b).
111	111	SUBCHAPTER C. POWERS AND DUTIES
112	112	Sec. 7901.0301. GENERAL POWERS AND DUTIES. The district
113	113	has the powers and duties necessary to accomplish the purposes for
114	114	which the district is created.
115	115	Sec. 7901.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
116	116	DUTIES. The district has the powers and duties provided by the
117	117	general law of this state, including Chapters 49 and 54, Water Code,
118	118	applicable to municipal utility districts created under Section 59,
119	119	Article XVI, Texas Constitution.
120	120	Sec. 7901.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
121	121	52, Article III, Texas Constitution, the district may design,
122	122	acquire, construct, finance, issue bonds for, improve, operate,
123	123	maintain, and convey to this state, a county, or a municipality for
124	124	operation and maintenance macadamized, graveled, or paved roads, or
125	125	improvements, including storm drainage, in aid of those roads.
126	126	Sec. 7901.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
127	127	road project must meet all applicable construction standards,
128	128	zoning and subdivision requirements, and regulations of each
129	129	municipality in whose corporate limits or extraterritorial
130	130	jurisdiction the road project is located.
131	131	(b) If a road project is not located in the corporate limits
132	132	or extraterritorial jurisdiction of a municipality, the road
133	133	project must meet all applicable construction standards,
134	134	subdivision requirements, and regulations of each county in which
135	135	the road project is located.
136	136	(c) If the state will maintain and operate the road, the
137	137	Texas Transportation Commission must approve the plans and
138	138	specifications of the road project.
139	139	Sec. 7901.0305. MAINTENANCE OF ROADS IN TERRITORY OUTSIDE
140	140	CORPORATE LIMITS OF MUNICIPALITY. If district territory, or a
141	141	portion of district territory, is located outside the corporate
142	142	limits of a municipality, the district shall maintain any road the
143	143	district constructs located in that territory.
144	144	Sec. 7901.0306. COMPLIANCE WITH MUNICIPAL CONSENT
145	145	ORDINANCE OR RESOLUTION. The district shall comply with all
146	146	applicable requirements of any ordinance or resolution that is
147	147	adopted under Section 54.016 or 54.0165, Water Code, and that
148	148	consents to the creation of the district or to the inclusion of land
149	149	in the district.
150	150	Sec. 7901.0307. DIVISION OF DISTRICT. (a) The district may
151	151	be divided into two or more new districts only if the district:
152	152	(1) has no outstanding bonded debt; and
153	153	(2) is not imposing ad valorem taxes.
154	154	(b) This chapter applies to any new district created by the
155	155	division of the district, and a new district has all the powers and
156	156	duties of the district.
157	157	(c) A new district created by the division of the district
158	158	may not, at the time the new district is created, contain any land
159	159	outside the area described by Section 2 of the Act enacting this
160	160	chapter.
161	161	(d) The board, on its own motion or on receipt of a petition
162	162	signed by the owner or owners of a majority of the assessed value of
163	163	the real property in the district, may adopt an order dividing the
164	164	district.
165	165	(e) The board may adopt an order dividing the district
166	166	before or after the date the board holds an election under Section
167	167	7901.0103 to confirm the district's creation.
168	168	(f) An order dividing the district shall:
169	169	(1) name each new district;
170	170	(2) include the metes and bounds description of the
171	171	territory of each new district;
172	172	(3) appoint temporary directors for each new district;
173	173	and
174	174	(4) provide for the division of assets and liabilities
175	175	between the new districts.
176	176	(g) On or before the 30th day after the date of adoption of
177	177	an order dividing the district, the district shall file the order
178	178	with the commission and record the order in the real property
179	179	records of each county in which the district is located.
180	180	(h) Any new district created by the division of the district
181	181	shall hold a confirmation and directors' election as required by
182	182	Section 7901.0103. If the voters of a new district do not confirm
183	183	the creation of the new district, the assets, obligations,
184	184	territory, and governance of the new district revert to the
185	185	original district.
186	186	(i) If the creation of the new district is confirmed, the
187	187	new district shall provide the election date and results to the
188	188	commission.
189	189	(j) Any new district created by the division of the district
190	190	must hold an election as required by this chapter to obtain voter
191	191	approval before the district may impose a maintenance tax or issue
192	192	bonds payable wholly or partly from ad valorem taxes.
193	193	(k) Municipal consent to the creation of the district and to
194	194	the inclusion of land in the district granted under Section
195	195	7901.0104 acts as municipal consent to the creation of any new
196	196	district created by the division of the district and to the
197	197	inclusion of land in the new district.
198	198	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
199	199	Sec. 7901.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
200	200	The district may issue, without an election, bonds and other
201	201	obligations secured by:
202	202	(1) revenue other than ad valorem taxes; or
203	203	(2) contract payments described by Section 7901.0403.
204	204	(b) The district must hold an election in the manner
205	205	provided by Chapters 49 and 54, Water Code, to obtain voter approval
206	206	before the district may impose an ad valorem tax or issue bonds
207	207	payable from ad valorem taxes.
208	208	(c) The district may not issue bonds payable from ad valorem
209	209	taxes to finance a road project unless the issuance is approved by a
210	210	vote of a two-thirds majority of the district voters voting at an
211	211	election held for that purpose.
212	212	Sec. 7901.0402. OPERATION AND MAINTENANCE TAX. (a) If
213	213	authorized at an election held under Section 7901.0401, the
214	214	district may impose an operation and maintenance tax on taxable
215	215	property in the district in accordance with Section 49.107, Water
216	216	Code.
217	217	(b) The board shall determine the tax rate. The rate may not
218	218	exceed the rate approved at the election.
219	219	Sec. 7901.0403. CONTRACT TAXES. (a) In accordance with
220	220	Section 49.108, Water Code, the district may impose a tax other than
221	221	an operation and maintenance tax and use the revenue derived from
222	222	the tax to make payments under a contract after the provisions of
223	223	the contract have been approved by a majority of the district voters
224	224	voting at an election held for that purpose.
225	225	(b) A contract approved by the district voters may contain a
226	226	provision stating that the contract may be modified or amended by
227	227	the board without further voter approval.
228	228	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
229	229	Sec. 7901.0501. AUTHORITY TO ISSUE BONDS AND OTHER
230	230	OBLIGATIONS. The district may issue bonds or other obligations
231	231	payable wholly or partly from ad valorem taxes, impact fees,
232	232	revenue, contract payments, grants, or other district money, or any
233	233	combination of those sources, to pay for any authorized district
234	234	purpose.
235	235	Sec. 7901.0502. TAXES FOR BONDS. At the time the district
236	236	issues bonds payable wholly or partly from ad valorem taxes, the
237	237	board shall provide for the annual imposition of a continuing
238	238	direct ad valorem tax, without limit as to rate or amount, while all
239	239	or part of the bonds are outstanding as required and in the manner
240	240	provided by Sections 54.601 and 54.602, Water Code.
241	241	Sec. 7901.0503. BONDS FOR ROAD PROJECTS. At the time of
242	242	issuance, the total principal amount of bonds or other obligations
243	243	issued or incurred to finance road projects and payable from ad
244	244	valorem taxes may not exceed one-fourth of the assessed value of the
245	245	real property in the district.
246	246	SECTION 2. Waller County Municipal Utility District No. 40
247	247	initially includes all the territory contained in the following
248	248	area:
249	249	A METES & BOUNDS description of a certain 377.77 acre tract situated
250	250	in the Nathan W. Bush Survey, Abstract No. 76 and B.B.B. & C.R.R.
251	251	Co. Survey, Abstract No. 93 in Waller County, Texas being the
252	252	remainder of a called 590.4 acre tract (remainder tract) conveyed
253	253	by Special Warranty Deed to Sorsby Family Farm, LP recorded in
254	254	Volume 895, Page 208 of the Deed Records of Waller County and all of
255	255	a called 1 acre tract conveyed by Deed to J.B. Sorsby, Jr. recorded
256	256	in Volume 202, Page 245 of the Deed Records of Waller County; said
257	257	377.77 acre tract being more particularly described as follows with
258	258	all bearings based on the Texas Coordinate System of 1983, South
259	259	Central Zone (4204);
260	260	BEGINNING at a set 5/8-inch iron rod (with cap stamped
261	261	"JonesCarter") marking an easterly south corner of the herein
262	262	described subject tract, being common with the southwest corner of
263	263	a called 6.00 acre portion (Tract 1) of said remainder tract
264	264	surveyed on equal date herewith and in the south line of said
265	265	remainder tract and the occupied north right-of-way line of Cameron
266	266	Road (Unknown Width);
267	267	THENCE South 87°22'02" West, along the common line of said remainder
268	268	tract and said occupied north right-of-way line of Cameron Road,
269	269	7964.88 feet to a set 5/8-inch iron rod (with cap stamped
270	270	"JonesCarter") marking a westerly south corner of the herein
271	271	described subject tract, being common with the southeast corner of
272	272	a called 4.00 acre portion (Tract 2) of said remainder tract
273	273	surveyed on equal date herewith and in the south line of said
274	274	remainder tract and the occupied north right-of-way line of Cameron
275	275	Road;
276	276	THENCE North 02°19'35" West, along the east line of said Tract 2,
277	277	418.00 feet to a set 5/8-inch iron rod (with cap stamped
278	278	"JonesCarter") marking an interior southwest corner of the herein
279	279	described subject tract, being common with the northeast corner of
280	280	said Tract 2;
281	281	THENCE South 87°22'02" West, along the north line of said Tract 2,
282	282	416.70 feet to a set 5/8-inch iron rod (with cap stamped
283	283	"JonesCarter") marking a southerly west corner of the herein
284	284	described subject tract, being common with the northwest corner of
285	285	said Tract 2 and in the west line of aforementioned remainder tract
286	286	and occupied east right-of-way line of Flukinger Road (Unknown
287	287	Width);
288	288	THENCE North 02°17'06" West, along the common line of said remainder
289	289	tract and said occupied east right-of-way line of Flukinger Road,
290	290	637.93 feet to a found 8-inch corner fence post marking a northwest
291	291	corner of the herein described subject tract, being common with a
292	292	northwest corner of said remainder tract, the southwest corner of a
293	293	called 110.00 acre tract conveyed to Prairie View A&M University
294	294	(Waller County Central Appraisal District, no deed of record
295	295	found);
296	296	THENCE along the common line of said remainder tract and said 110.00
297	297	acre tract, the following two (2) courses and distances:
298	298	(1) North 87°09'53" East, 1849.82 feet to a found 1/2-inch
299	299	iron pipe;
300	300	(2) North 07°12'03" East, 1192.07 feet to a found 6-inch
301	301	cedar fence post marking a northwest corner of the herein described
302	302	subject tract, being common with the northwest corner of said
303	303	remainder tract, the southwest corner of the remainder of a called
304	304	100 acre tract conveyed by Deed of Gift to Alice Sorsby McGuffie in
305	305	Volume 1037, Page 285 Official Public Records of Waller County and
306	306	Deed of Gift to William Bascom Sorsby recorded in Volume 1037, Page
307	307	289 of the Official Public Records of Waller County and in the east
308	308	line of said 110.00 acre tract;
309	309	THENCE North 86°27'47" East, along the common line of said remainder
310	310	tract and said remainder of a 100 acre tract, passing at 5137.90
311	311	feet, 0.28 feet to the right a found 3/8-inch iron rod, continuing
312	312	in all a total distance of 5970.18 feet to a point-for-corner
313	313	marking the northeast corner of the herein described subject tract,
314	314	being common with the northeast corner of said remainder tract, the
315	315	southeast corner of a called 7.399 acre tract conveyed by Partition
316	316	Deed to Alice Sorsby McGuffie recorded in Volume 334, Page 585 of
317	317	the Deed Records of Waller County and in the west right-of-way line
318	318	of F.M. Highway 362 (called 80-Foot Wide, State Project
319	319	No. R-523-2-3, Volume 117, Page 262 Deed Records of Waller County)
320	320	and from which a found 3/8-inch iron rod bears North 70°16'07" East,
321	321	0.87 feet;
322	322	THENCE South 22°03'23" East, along the common line of said remainder
323	323	tract and said west right-of-way line of F.M. Highway 362, 1845.75
324	324	feet to a set 5/8-inch iron rod (with cap stamped "JonesCarter")
325	325	marking a southerly east corner of the herein described subject
326	326	tract, being common with the northeast corner of aforementioned
327	327	Tract 1 and being in the east line of said remainder tract and said
328	328	west right-of-way line of F.M. Highway 362;
329	329	THENCE South 87°13'41" West, along the north line of said Tract 1,
330	330	416.63 feet to a set 5/8-inch iron rod (with cap stamped
331	331	"JonesCarter") marking an interior southeast corner of the herein
332	332	described subject tract, being common with the northwest corner of
333	333	said Tract 1;
334	334	THENCE South 17°24'25" East, 609.66 feet to the POINT OF BEGINNING,
335	335	CONTAINING 377.77 acres of land in Waller County, Texas as shown on
336	336	Dwg No. 15061 V2 filed in the offices of JonesCarter in College
337	337	Station, Texas.
338	338	SECTION 3. (a) The legal notice of the intention to
339	339	introduce this Act, setting forth the general substance of this
340	340	Act, has been published as provided by law, and the notice and a
341	341	copy of this Act have been furnished to all persons, agencies,
342	342	officials, or entities to which they are required to be furnished
343	343	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
344	344	Government Code.
345	345	(b) The governor, one of the required recipients, has
346	346	submitted the notice and Act to the Texas Commission on
347	347	Environmental Quality.
348	348	(c) The Texas Commission on Environmental Quality has filed
349	349	its recommendations relating to this Act with the governor, the
350	350	lieutenant governor, and the speaker of the house of
351	351	representatives within the required time.
352	352	(d) All requirements of the constitution and laws of this
353	353	state and the rules and procedures of the legislature with respect
354	354	to the notice, introduction, and passage of this Act are fulfilled
355	355	and accomplished.
356	356	SECTION 4. (a) If this Act does not receive a two-thirds
357	357	vote of all the members elected to each house, Subchapter C, Chapter
358	358	7901, Special District Local Laws Code, as added by Section 1 of
359	359	this Act, is amended by adding Section 7901.0308 to read as follows:
360	360	Sec. 7901.0308. NO EMINENT DOMAIN POWER. The district may
361	361	not exercise the power of eminent domain.
362	362	(b) This section is not intended to be an expression of a
363	363	legislative interpretation of the requirements of Section 17(c),
364	364	Article I, Texas Constitution.
365	365	SECTION 5. This Act takes effect immediately if it receives
366	366	a vote of two-thirds of all the members elected to each house, as
367	367	provided by Section 39, Article III, Texas Constitution. If this
368	368	Act does not receive the vote necessary for immediate effect, this
369	369	Act takes effect September 1, 2021.