Texas 2021 - 87th Regular

Texas Senate Bill SB2189 Compare Versions

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

Old	New	Differences
1	1	87R11233 SGM-F
2	2	By: Kolkhorst S.B. No. 2189
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Austin County Municipal Utility
8	8	District No. 1; 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 7913A to read as follows:
14	14	CHAPTER 7913A. AUSTIN COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7913A.0101. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "City" means the City of Sealy, Texas.
19	19	(3) "Commission" means the Texas Commission on
20	20	Environmental Quality.
21	21	(4) "Director" means a board member.
22	22	(5) "District" means the Austin County Municipal
23	23	Utility District No. 1.
24	24	Sec. 7913A.0102. NATURE OF DISTRICT. The district is a
25	25	municipal utility district created under Section 59, Article XVI,
26	26	Texas Constitution.
27	27	Sec. 7913A.0103. CONFIRMATION AND DIRECTOR ELECTION
28	28	REQUIRED. The temporary directors shall hold an election to
29	29	confirm the creation of the district and to elect five permanent
30	30	directors as provided by Section 49.102, Water Code.
31	31	Sec. 7913A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
32	32	temporary directors may not hold an election under Section
33	33	7913A.0103 until each municipality in whose corporate limits or
34	34	extraterritorial jurisdiction the district is located has
35	35	consented by ordinance or resolution to the creation of the
36	36	district and to the inclusion of land in the district.
37	37	Sec. 7913A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
38	38	(a) The district is created to serve a public purpose and benefit.
39	39	(b) The district is created to accomplish the purposes of:
40	40	(1) a municipal utility district as provided by
41	41	general law and Section 59, Article XVI, Texas Constitution; and
42	42	(2) Section 52, Article III, Texas Constitution, that
43	43	relate to the construction, acquisition, improvement, operation,
44	44	or maintenance of macadamized, graveled, or paved roads, or
45	45	improvements, including storm drainage, in aid of those roads.
46	46	Sec. 7913A.0106. INITIAL DISTRICT TERRITORY. (a) The
47	47	district is initially composed of the territory described by
48	48	Section 2 of the Act enacting this chapter.
49	49	(b) The boundaries and field notes contained in Section 2 of
50	50	the Act enacting this chapter form a closure. A mistake made in the
51	51	field notes or in copying the field notes in the legislative process
52	52	does not affect the district's:
53	53	(1) organization, existence, or validity;
54	54	(2) right to issue any type of bond for the purposes
55	55	for which the district is created or to pay the principal of and
56	56	interest on a bond;
57	57	(3) right to impose a tax; or
58	58	(4) legality or operation.
59	59	SUBCHAPTER B. BOARD OF DIRECTORS
60	60	Sec. 7913A.0201. GOVERNING BODY; TERMS. (a) The district
61	61	is governed by a board of five elected directors.
62	62	(b) Except as provided by Section 7913A.0202, directors
63	63	serve staggered four-year terms.
64	64	Sec. 7913A.0202. TEMPORARY DIRECTORS. (a) On or after the
65	65	effective date of the Act enacting this chapter, the owner or owners
66	66	of a majority of the assessed value of the real property in the
67	67	district may submit a petition to the commission requesting that
68	68	the commission appoint as temporary directors the five persons
69	69	named in the petition. The commission shall appoint as temporary
70	70	directors the five persons named in the petition.
71	71	(b) Temporary directors serve until the earlier of:
72	72	(1) the date permanent directors are elected under
73	73	Section 7913A.0103; or
74	74	(2) the fourth anniversary of the effective date of
75	75	the Act enacting this chapter.
76	76	(c) If permanent directors have not been elected under
77	77	Section 7913A.0103 and the terms of the temporary directors have
78	78	expired, successor temporary directors shall be appointed or
79	79	reappointed as provided by Subsection (d) to serve terms that
80	80	expire on the earlier of:
81	81	(1) the date permanent directors are elected under
82	82	Section 7913A.0103; or
83	83	(2) the fourth anniversary of the date of the
84	84	appointment or reappointment.
85	85	(d) If Subsection (c) applies, the owner or owners of a
86	86	majority of the assessed value of the real property in the district
87	87	may submit a petition to the commission requesting that the
88	88	commission appoint as successor temporary directors the five
89	89	persons named in the petition. The commission shall appoint as
90	90	successor temporary directors the five persons named in the
91	91	petition.
92	92	Sec. 7913A.0203. DESIGNATED BOARD MEETING LOCATION. (a)
93	93	The board shall designate a meeting place inside the district for
94	94	conducting the meetings of the board. The meeting place designated
95	95	may be a private residence or office, provided that, in the order
96	96	designating the meeting place, the board declares the place where
97	97	the meeting is held to be a public place and invites the public to
98	98	attend any meeting of the board held in that place.
99	99	(b) If the board establishes that no suitable place exists
100	100	for meeting inside the district, the board may designate a meeting
101	101	place outside the district. The board shall give notice of the
102	102	location of a meeting place outside the district by:
103	103	(1) filing a copy of the resolution designating the
104	104	location and a justification of why the meeting will not be held in
105	105	the district or within 10 miles of the boundary of the district, if
106	106	applicable, with the commission; and
107	107	(2) publishing notice of the location in a newspaper
108	108	of general circulation in the district.
109	109	(c) If the board changes the location of a meeting place
110	110	outside the district, the board shall give notice of the change in
111	111	the manner described by Subsection (b).
112	112	SUBCHAPTER C. POWERS AND DUTIES
113	113	Sec. 7913A.0301. GENERAL POWERS AND DUTIES. The district
114	114	has the powers and duties necessary to accomplish the purposes for
115	115	which the district is created.
116	116	Sec. 7913A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
117	117	DUTIES. The district has the powers and duties provided by the
118	118	general law of this state, including Chapters 49 and 54, Water Code,
119	119	applicable to municipal utility districts created under Section 59,
120	120	Article XVI, Texas Constitution.
121	121	Sec. 7913A.0303. AUTHORITY FOR ROAD PROJECTS. Under
122	122	Section 52, Article III, Texas Constitution, the district may
123	123	design, acquire, construct, finance, issue bonds for, improve,
124	124	operate, maintain, and convey to this state, a county, or a
125	125	municipality for operation and maintenance macadamized, graveled,
126	126	or paved roads, or improvements, including storm drainage, in aid
127	127	of those roads.
128	128	Sec. 7913A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
129	129	road project must meet all applicable construction standards,
130	130	zoning and subdivision requirements, and regulations of each
131	131	municipality in whose corporate limits or extraterritorial
132	132	jurisdiction the road project is located.
133	133	(b) If a road project is not located in the corporate limits
134	134	or extraterritorial jurisdiction of a municipality, the road
135	135	project must meet all applicable construction standards,
136	136	subdivision requirements, and regulations of each county in which
137	137	the road project is located.
138	138	(c) If the state will maintain and operate the road, the
139	139	Texas Transportation Commission must approve the plans and
140	140	specifications of the road project.
141	141	Sec. 7913A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
142	142	ORDINANCE OR RESOLUTION. The district shall comply with all
143	143	applicable requirements of any ordinance or resolution that is
144	144	adopted under Section 54.016 or 54.0165, Water Code, and that
145	145	consents to the creation of the district or to the inclusion of land
146	146	in the district.
147	147	Sec. 7913A.0306. EFFECT OF ANNEXATION. Notwithstanding any
148	148	other law, if all or any part of the territory of the district is
149	149	annexed by the city into the city's corporate limits, the district
150	150	retains all of the district's outstanding debt and obligations and
151	151	is not dissolved.
152	152	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
153	153	Sec. 7913A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
154	154	The district may issue, without an election, bonds and other
155	155	obligations secured by:
156	156	(1) revenue other than ad valorem taxes; or
157	157	(2) contract payments described by Section
158	158	7913A.0403.
159	159	(b) The district must hold an election in the manner
160	160	provided by Chapters 49 and 54, Water Code, to obtain voter approval
161	161	before the district may impose an ad valorem tax or issue bonds
162	162	payable from ad valorem taxes.
163	163	(c) The district may not issue bonds payable from ad valorem
164	164	taxes to finance a road project unless the issuance is approved by a
165	165	vote of a two-thirds majority of the district voters voting at an
166	166	election held for that purpose.
167	167	Sec. 7913A.0402. OPERATION AND MAINTENANCE TAX. (a) If
168	168	authorized at an election held under Section 7913A.0401, the
169	169	district may impose an operation and maintenance tax on taxable
170	170	property in the district in accordance with Section 49.107, Water
171	171	Code.
172	172	(b) The board shall determine the tax rate. The rate may not
173	173	exceed the rate approved at the election.
174	174	Sec. 7913A.0403. CONTRACT TAXES. (a) In accordance with
175	175	Section 49.108, Water Code, the district may impose a tax other than
176	176	an operation and maintenance tax and use the revenue derived from
177	177	the tax to make payments under a contract after the provisions of
178	178	the contract have been approved by a majority of the district voters
179	179	voting at an election held for that purpose.
180	180	(b) A contract approved by the district voters may contain a
181	181	provision stating that the contract may be modified or amended by
182	182	the board without further voter approval.
183	183	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
184	184	Sec. 7913A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
185	185	OBLIGATIONS. The district may issue bonds or other obligations
186	186	payable wholly or partly from ad valorem taxes, impact fees,
187	187	revenue, contract payments, grants, or other district money, or any
188	188	combination of those sources, to pay for any authorized district
189	189	purpose.
190	190	Sec. 7913A.0502. TAXES FOR BONDS. At the time the district
191	191	issues bonds payable wholly or partly from ad valorem taxes, the
192	192	board shall provide for the annual imposition of a continuing
193	193	direct ad valorem tax, without limit as to rate or amount, while all
194	194	or part of the bonds are outstanding as required and in the manner
195	195	provided by Sections 54.601 and 54.602, Water Code.
196	196	Sec. 7913A.0503. BONDS FOR ROAD PROJECTS. At the time of
197	197	issuance, the total principal amount of bonds or other obligations
198	198	issued or incurred to finance road projects and payable from ad
199	199	valorem taxes may not exceed one-fourth of the assessed value of the
200	200	real property in the district.
201	201	SECTION 2. The Austin County Municipal Utility District No.
202	202	1 initially includes all the territory contained in the following
203	203	area:
204	204	A 38.118 acre, or 1,660,419 square feet more or less, tract of land,
205	205	being a portion of that residue of called 38.143 acre tract of land
206	206	conveyed to David Cryan as described in a deed recorded in Clerk's
207	207	File No. 153921 of the Official Records of Austin County, Texas,
208	208	situated in the San Felipe de Austin Survey, Abstract 5, in the City
209	209	of Sealy, Austin County, Texas. Said 38.118 acre tract being more
210	210	fully described as follows, with bearings based on the Texas
211	211	Coordinate System of 1983, South Central Zone from the North
212	212	American Datum of 1983 (NA2011) epoch 2010.00:
213	213	BEGINNING: At an iron rod with aluminum cap found in the
214	214	centerline of Harrison Road (30 feet wide) as recorded under Volume
215	215	Y, Page 318 of the Deed Records of Austin County, Texas and the
216	216	northeast corner of said 38.143 acre tract and for the northeast
217	217	corner of the herein described tract and being on the west
218	218	right-of-way line of Schmidt Road (60 feet wide) a called 3.946
219	219	acres of land as conveyed to the City of Sealy as recorded under
220	220	Clerk's File No. 025841 of the official Records of Austin County,
221	221	Texas;
222	222	THENCE: S 42°42'31" W, along and with the said west right-of-way
223	223	line, a distance of 2,864.13 feet to a point to a 1/2 inch iron pipe
224	224	with cap stamped "Brown & Gay" found for the southeast corner of the
225	225	herein described tract and being on the northeast line of a called
226	226	237.88 acre tract as described in a deed to Wal-Mart Stores East, LP
227	227	recorded under Clerk's File No. 031749 of the Official Records of
228	228	Austin County, Texas;
229	229	THENCE: N 47°18'41" W, along and with said northeast line, a
230	230	distance of 578.43 feet to an iron rod with a yellow cap stamped
231	231	"Pate-Dawson" to be set for the southwest corner of the herein
232	232	described tract and the southeast corner of a called 70.00 acres of
233	233	land conveyed to David Cryan as recorded in Clerk's File No. 126232
234	234	of the Official Records of Austin County, Texas;
235	235	THENCE: N 42°39'39" E, along with said north line, a distance of a
236	236	distance of 2,865.17 feet to a 1/2 inch iron rod found in the said
237	237	centerline of Harrison Road and for the northwest corner of the
238	238	herein described tract and the northeast corner of said 70.00
239	239	acres;
240	240	THENCE: S 47°12'30" E, along said centerline of Harrison Road, a
241	241	distance of 580.82 feet to the POINT OF BEGINNING, and containing
242	242	38.118 acres in the City of Houston, Harris County, Texas.
243	243	A 118.535 acre, or 5,163,385 square feet more or less, tract of
244	244	land, being a portion of that residue of called 140.000 acre tract
245	245	of land conveyed to Ranch County of Texas, Inc. as described in a
246	246	deed recorded in Clerk's File No. 081189 of the Official Records of
247	247	Austin County, Texas, and a portion of Tract 1, a residue of a
248	248	called 55.3 acres of land conveyed to David Cryan as described in a
249	249	deed recorded in Clerk's File No. 164420 of the Official Records of
250	250	Austin County, Texas, and all of Tract 2, a called 28.172 acres of
251	251	land conveyed to David Cryan as described in a deed recorded in
252	252	Clerk's File No. 153921 of the Official Records of Austin County,
253	253	Texas, and all of Tract 5, a called 6.1259 acres of land conveyed to
254	254	David Cryan as described in a deed recorded in Clerk's File
255	255	No. 164420 of the Official Records of Austin County, Texas, and all
256	256	of Tract 4, a called 6.1259 acres of land conveyed to David Cryan as
257	257	described in a deed recorded in Clerk's File No. 164420 of the
258	258	Official Records of Austin County, Texas, and all of Tract 3, a
259	259	called 6.1259 acres of land conveyed to David Cryan as described in
260	260	a deed recorded in Clerk's File No. 164420 of the Official Records
261	261	of Austin County, Texas, and all of Tract 2, a called 6.1259 acres
262	262	of land conveyed to David Cryan as described in a deed recorded in
263	263	Clerk's File No. 164420 of the Official Records of Austin County,
264	264	Texas, and all of Parcel 1, a called 5.452 acres of land conveyed to
265	265	David Cryan as described in a deed recorded in Clerk's File
266	266	No. 191010 of the Official Records of Austin County, Texas, and all
267	267	of Parcel 2, a called 5.350 acres of land conveyed to David Cryan as
268	268	described in a deed recorded in Clerk's File No. 191010 of the
269	269	Official Records of Austin County, Texas, situated in the San
270	270	Felipe de Austin Survey, Abstract 5, in the City of Sealy, Austin
271	271	County, Texas. Said 118.535 acre tract being more fully described
272	272	as follows, with bearings based on the Texas Coordinate System of
273	273	1983, South Central Zone from the North American Datum of 1983
274	274	(NA2011) epoch 2010.00:
275	275	BEGINNING: At an iron rod with aluminum cap found on the west
276	276	right-of-way line of F.M. Highway No. 3013 (width varies) and the
277	277	northeast corner of a called 38.69 acre tract of land conveyed to
278	278	Jinsung T.E.C. Texas, L.L.C. Texas, L.L.C. as described in a deed
279	279	recorded in Clerk's File No. 126413 of the Official Records of
280	280	Austin County, Texas, and for the most northerly southeast corner
281	281	of the herein described tract;
282	282	THENCE: N 47°17'47" W, a distance of 950.10 feet to a 5/8 inch iron
283	283	rod found for an interior corner of the herein described tract and
284	284	being the northwest corner of said 38.69 acres and on the east line
285	285	of said Tract 1, a residue of a called 55.3 acres;
286	286	THENCE: S 42°39'37" W, along the common line of said Tract 1, a
287	287	residue of a called 55.3 acres and said 38.69 acres, a distance of
288	288	1,774.20 feet to an iron rod with aluminum cap found for the
289	289	southeast corner of said Tract 1, a residue of a called 55.3 acres
290	290	and the southwest corner of said 38.69 acres and for the most
291	291	southerly southeast corner of the herein described tract and on the
292	292	northerly line of a called 6.362 acres of land conveyed to the City
293	293	of Sealy, Texas as recorded in Clerk's File No. 031750 of the
294	294	Official Records of Austin County, Texas;
295	295	THENCE: N 47°18'41" W, along with said north line, a distance of
296	296	1,607.38 feet to an iron rod with aluminum cap found on the east
297	297	right-of-way line to Schmidt Road (60 feet wide) a called 3.946
298	298	acres of land as conveyed to the City of Sealy as recorded under
299	299	Clerk's File No. 025841 of the official Records of Austin County,
300	300	Texas, and the southwest corner said Tract 2 of called 28.172 acres
301	301	and the southwest corner of the herein described tract;
302	302	THENCE: N 42°42'31" E, along the said east right-of-way line and
303	303	along said Tract 2 of called 28.172 acres, a distance of 2,864.02
304	304	feet to an iron rod with aluminum cap found in the centerline of
305	305	Harrison Road (30 feet wide) as recorded under Volume Y, Page 318 of
306	306	Deed Records of Austin County, Texas and the northwest corner of
307	307	said Tract 2 of called 28.172 acres and the northwest corner of the
308	308	herein described tract;
309	309	THENCE: S 47°12'30" E, along and with said centerline of Harrison
310	310	Road, a distance of 1,921.18 feet to a Mag Nail found for the most
311	311	northerly northeast corner of the herein described tract and for
312	312	the northeast corner of said Parcel 2 and the northwest corner of
313	313	said Residue of called 140.000 acres;
314	314	THENCE: S 42°38'14" W, along and with the east line of said Parcel
315	315	2, a distance of 736.53 feet to an iron rod with aluminum cap found
316	316	for an interior corner of the herein described tract and for the
317	317	southeast corner of said Parcel 2;
318	318	THENCE: S 47°18'33" E, departing said east line and along and with
319	319	the north line of said Parcel 1, a distance of 633.63 feet to an iron
320	320	rod with aluminum cap found on the west right-of-way line of said
321	321	F.M. No. 3013 and the most southerly northeast corner of the herein
322	322	described tract;
323	323	THENCE: S 42°39'57" W, a distance of 350.05 feet to the POINT OF
324	324	BEGINNING, and containing 118.535 acres in the City of Houston,
325	325	Harris County, Texas.
326	326	SECTION 3. (a) The legal notice of the intention to
327	327	introduce this Act, setting forth the general substance of this
328	328	Act, has been published as provided by law, and the notice and a
329	329	copy of this Act have been furnished to all persons, agencies,
330	330	officials, or entities to which they are required to be furnished
331	331	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
332	332	Government Code.
333	333	(b) The governor, one of the required recipients, has
334	334	submitted the notice and Act to the Texas Commission on
335	335	Environmental Quality.
336	336	(c) The Texas Commission on Environmental Quality has filed
337	337	its recommendations relating to this Act with the governor, the
338	338	lieutenant governor, and the speaker of the house of
339	339	representatives within the required time.
340	340	(d) All requirements of the constitution and laws of this
341	341	state and the rules and procedures of the legislature with respect
342	342	to the notice, introduction, and passage of this Act are fulfilled
343	343	and accomplished.
344	344	SECTION 4. (a) If this Act does not receive a two-thirds
345	345	vote of all the members elected to each house, Subchapter C, Chapter
346	346	7913A, Special District Local Laws Code, as added by Section 1 of
347	347	this Act, is amended by adding Section 7913A.0307 to read as
348	348	follows:
349	349	Sec. 7913A.0307. NO EMINENT DOMAIN POWER. The district may
350	350	not exercise the power of eminent domain.
351	351	(b) This section is not intended to be an expression of a
352	352	legislative interpretation of the requirements of Section 17(c),
353	353	Article I, Texas Constitution.
354	354	SECTION 5. This Act takes effect immediately if it receives
355	355	a vote of two-thirds of all the members elected to each house, as
356	356	provided by Section 39, Article III, Texas Constitution. If this
357	357	Act does not receive the vote necessary for immediate effect, this
358	358	Act takes effect September 1, 2021.