Texas 2021 - 87th Regular

Texas Senate Bill SB2203 Compare Versions

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

Old	New	Differences
1	1	87R13743 SGM-F
2	2	By: Kolkhorst S.B. No. 2203
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. 38; 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 7944A to read as follows:
14	14	CHAPTER 7944A. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 38
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7944A.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. 38.
23	23	Sec. 7944A.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. 7944A.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. 7944A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	7944A.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. 7944A.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. 7944A.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. 7944A.0201. GOVERNING BODY; TERMS. (a) The district
60	60	is governed by a board of five elected directors.
61	61	(b) Except as provided by Section 7944A.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 7944A.0202. TEMPORARY DIRECTORS. (a) The temporary
64	64	board consists of:
65	65	(1) Allison Thompson;
66	66	(2) Zachary Boyer;
67	67	(3) Mario Gobert Sr.;
68	68	(4) Sean Hewitt; and
69	69	(5) Jerry Peruchini.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 7944A.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 7944A.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 7944A.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	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 7944A.0301. GENERAL POWERS AND DUTIES. The district
93	93	has the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 7944A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 7944A.0303. AUTHORITY FOR ROAD PROJECTS. Under
101	101	Section 52, Article III, Texas Constitution, the district may
102	102	design, acquire, construct, finance, issue bonds for, improve,
103	103	operate, maintain, and convey to this state, a county, or a
104	104	municipality for operation and maintenance macadamized, graveled,
105	105	or paved roads, or improvements, including storm drainage, in aid
106	106	of those roads.
107	107	Sec. 7944A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
108	108	road project must meet all applicable construction standards,
109	109	zoning and subdivision requirements, and regulations of each
110	110	municipality in whose corporate limits or extraterritorial
111	111	jurisdiction the road project is located.
112	112	(b) If a road project is not located in the corporate limits
113	113	or extraterritorial jurisdiction of a municipality, the road
114	114	project must meet all applicable construction standards,
115	115	subdivision requirements, and regulations of each county in which
116	116	the road project is located.
117	117	(c) If the state will maintain and operate the road, the
118	118	Texas Transportation Commission must approve the plans and
119	119	specifications of the road project.
120	120	Sec. 7944A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
121	121	ORDINANCE OR RESOLUTION. The district shall comply with all
122	122	applicable requirements of any ordinance or resolution that is
123	123	adopted under Section 54.016 or 54.0165, Water Code, and that
124	124	consents to the creation of the district or to the inclusion of land
125	125	in the district.
126	126	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
127	127	Sec. 7944A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
128	128	The district may issue, without an election, bonds and other
129	129	obligations secured by:
130	130	(1) revenue other than ad valorem taxes; or
131	131	(2) contract payments described by Section
132	132	7944A.0403.
133	133	(b) The district must hold an election in the manner
134	134	provided by Chapters 49 and 54, Water Code, to obtain voter approval
135	135	before the district may impose an ad valorem tax or issue bonds
136	136	payable from ad valorem taxes.
137	137	(c) The district may not issue bonds payable from ad valorem
138	138	taxes to finance a road project unless the issuance is approved by a
139	139	vote of a two-thirds majority of the district voters voting at an
140	140	election held for that purpose.
141	141	Sec. 7944A.0402. OPERATION AND MAINTENANCE TAX. (a) If
142	142	authorized at an election held under Section 7944A.0401, the
143	143	district may impose an operation and maintenance tax on taxable
144	144	property in the district in accordance with Section 49.107, Water
145	145	Code.
146	146	(b) The board shall determine the tax rate. The rate may not
147	147	exceed the rate approved at the election.
148	148	Sec. 7944A.0403. CONTRACT TAXES. (a) In accordance with
149	149	Section 49.108, Water Code, the district may impose a tax other than
150	150	an operation and maintenance tax and use the revenue derived from
151	151	the tax to make payments under a contract after the provisions of
152	152	the contract have been approved by a majority of the district voters
153	153	voting at an election held for that purpose.
154	154	(b) A contract approved by the district voters may contain a
155	155	provision stating that the contract may be modified or amended by
156	156	the board without further voter approval.
157	157	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
158	158	Sec. 7944A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
159	159	OBLIGATIONS. The district may issue bonds or other obligations
160	160	payable wholly or partly from ad valorem taxes, impact fees,
161	161	revenue, contract payments, grants, or other district money, or any
162	162	combination of those sources, to pay for any authorized district
163	163	purpose.
164	164	Sec. 7944A.0502. TAXES FOR BONDS. At the time the district
165	165	issues bonds payable wholly or partly from ad valorem taxes, the
166	166	board shall provide for the annual imposition of a continuing
167	167	direct ad valorem tax, without limit as to rate or amount, while all
168	168	or part of the bonds are outstanding as required and in the manner
169	169	provided by Sections 54.601 and 54.602, Water Code.
170	170	Sec. 7944A.0503. BONDS FOR ROAD PROJECTS. At the time of
171	171	issuance, the total principal amount of bonds or other obligations
172	172	issued or incurred to finance road projects and payable from ad
173	173	valorem taxes may not exceed one-fourth of the assessed value of the
174	174	real property in the district.
175	175	SECTION 2. The Waller County Municipal Utility District No.
176	176	38 initially includes all the territory contained in the following
177	177	area:
178	178	A description of 469.7 acres of land located in the Nathan W.
179	179	Bush Survey, Abstract 76, and the John L. Boatright Survey,
180	180	Abstract 81, Waller County, Texas, and out a called 69 acre tract
181	181	(First Tract) described in the deed to Paul Arrington Wood,
182	182	Trustee, recorded under Volume 634, Page 710, in the Deed Records of
183	183	Waller County, Texas, a called 84 acre tract (Second Tract)
184	184	described in the deed to Paul Arrington Wood, Trustee, recorded
185	185	under Volume 634, Page 710, in the Deed Records of Waller County,
186	186	Texas, the called 205 acre tract described in the deed to Paul
187	187	Arrington Wood, Trustee, recorded under Volume 634, Page 710, in
188	188	the Deed Records of Waller County, Texas, and the 236 acre tract
189	189	described in the deed to Paul Arrington Wood, Trustee, recorded
190	190	under Volume 551, Page 50 and Volume 551, Page 52, in the Deed
191	191	Records of Waller County, Texas, and more particularly described by
192	192	metes and bounds as follows (all bearings referenced to the Texas
193	193	Coordinate System, South Central Zone (4204), NAD 83 (NA2011) Epoch
194	194	2010.00):
195	195	BEGINNING at a found fence post at the southeast corner of a
196	196	called 29.565 acre tract described in the deed to Huey Paul Beckham,
197	197	and wife, Carolyn Ann Beckham, recorded under Volume 319, Page 528,
198	198	in the Deed Records of Waller County, Texas, common to the southwest
199	199	corner of said 205 acre tract, and the southwest corner of the
200	200	herein described tract, in the north right-of-way line of Owens
201	201	Road (called 80 feet wide), (found to be 79.7 feet wide at this
202	202	point);
203	203	Thence, North 02° 23' 59" West – 2515.78', along the west line
204	204	of said 205 acre tract, and along a west line of the aforesaid First
205	205	Tract, to a found fence post at the northeast corner of said 29.565
206	206	acre tract, common to an angle corner of the herein described tract;
207	207	Thence, South 87° 20' 45" West – 297.31', along the north line
208	208	of said 29.565 acre tract, common to a south line of said First
209	209	Tract, to a found fence post at the most westerly southwest corner
210	210	of said First Tract, common to the southeast corner of a called
211	211	38.2977 acre tract, described as Tract 4B, described in the deed to
212	212	Cynthia Flukinger Stasny, recorded under Volume 410, Page 368, in
213	213	the Deed Records of Waller County, Texas;
214	214	Thence, North 02° 27' 25" West – 818.17', along a west line of
215	215	said "First Tract" common to the east line of said Tract 4B, to a
216	216	1/2" iron rod with cap stamped "Precision Surveying" found for the
217	217	southwest corner of a called 97.1861 acre tract described in the
218	218	deed to Edmund and So King Chan recorded under File Number 1502533,
219	219	in the Official Public Records of Waller County, Texas;
220	220	Thence, North 86° 09' 07" East – 3604.71', along the south line
221	221	of said 97.1861 acre tract, (at 2,196.59' passing a 1/2" iron rod
222	222	with cap stamped "Precision Surveying" found for the southeast
223	223	corner of said 97.1861 acre tract, common to the most northerly
224	224	northwest corner of aforesaid 205 acre tract), then continuing
225	225	along the north line of said 205 acre tract, common to the south
226	226	line of a called 25.453 acre tract (referenced as Tract 8) described
227	227	in the deed to Charley E. Richard and Eula P. Richard, recorded
228	228	under Volume 509, Page 221, in the Deed Records of Waller County,
229	229	Texas, and partially along the south line of a called 25.453 acre
230	230	tract (referenced as Tract 10) described in the deed to Charley E.
231	231	Richard and Eula P. Richard, recorded under Volume 646, Page 772, in
232	232	the Deed Records of Waller County, Texas to a 3/4" iron pipe found
233	233	for the northeast corner of said 205 acre tract, common to an angle
234	234	corner of said Tract 10, in the west line of aforesaid 236 acre
235	235	tract;
236	236	Thence, North 02° 42' 37" West – 4.00', along the west line of
237	237	said 236 acre tract, common to an east line of said Tract 10, to a
238	238	5/8" iron rod with cap stamped "LJA SURVEY" set for an angle corner
239	239	of the herein described tract, common to the northwest corner of
240	240	said 236 acre tract, and an angle corner of said Tract 10;
241	241	Thence, North 86° 01' 48" East – 2474.62', along a south line
242	242	of said Tract 10, common to the north line of said 236 acre tract,
243	243	(at 1042.89' passing a 3/4" iron rod found for the southeast corner
244	244	of said Tract 10, common to the southwest corner of the 25.4535 acre
245	245	tract referenced in the deed to Donald G. Keischnick and Grace A.
246	246	Keischnick, recorded under Volume 412, Page 337, in the Deed
247	247	Records of Waller County, Texas, and described as 25.453 acres
248	248	(Tract Twelve) in the deed recorded under Volume 224, Page 170, of
249	249	the Deed Records of Waller County, Texas) then continuing along the
250	250	north line of said 236 acre tract, common to the south line of said
251	251	Tract Twelve, to a 5/8" iron rod with cap stamped "LJA SURVEY" set
252	252	for the northeast corner of the herein described tract, common to
253	253	the southeast corner of said Tract Twelve, in the west right-of-way
254	254	line of F.M. 362 (80' right-of-way width);
255	255	Thence, South 20° 44' 44" East – 2131.42', along said west
256	256	right-of-way line, to a 5/8" iron rod with cap stamped "LJA SURVEY"
257	257	set for the beginning of a tangent curve to the right;
258	258	Thence, 896.48', along said west right-of-way line, along
259	259	said tangent curve to the right, having a radius of 2824.93', a
260	260	central angle of 18° 10' 57", and a chord bearing and distance of
261	261	South 11° 39' 01" East – 892.71' to a 5/8" iron rod with cap stamped
262	262	"LJA SURVEY" set for the end of curve;
263	263	Thence, South 02° 33' 44" West – 464.00', continuing along
264	264	said west right-of-way line, to a found 12" cedar post at the
265	265	intersection of said west right-of-way line and the north
266	266	right-of-way line of aforesaid Owens Road (found to be 80' wide at
267	267	this point), common to the southeast corner of the herein described
268	268	tract;
269	269	Thence, South 86° 25' 49" West – 2412.90', along the north
270	270	right-of-way line of said Owens Road, to a 5/8" iron rod with cap
271	271	stamped "LJA SURVEY" set for an interior corner of the herein
272	272	described tract (said Owens Road found to be 78.4' wide at this
273	273	point);
274	274	Thence, North 04° 27' 13" West – 1054.33', generally along the
275	275	west side of a gravel drive, to a 5/8" iron rod with cap stamped "LJA
276	276	SURVEY" set for an interior corner of the herein described tract;
277	277	Thence, North 82° 00' 12" West – 841.76', generally along a 4'
278	278	barbed wire fence, to a 5/8" iron rod with cap stamped "LJA SURVEY"
279	279	set for an interior corner of the herein described tract, in the
280	280	east line of aforesaid 205 acre tract, common to the west line of
281	281	aforesaid 236 acre tract;
282	282	Thence, South 02° 42' 37" East – 1223.17', along said common
283	283	line, (at 872.58' passing a 1/2" iron rod found for the northwest
284	284	corner of a called 2.016 acre tract described in the deed to Charles
285	285	J. Wood and Robyn A. Wood recorded under Volume 498, Page 493, in
286	286	the Deed Records of Waller County, Texas), then continuing along
287	287	said common line, and the west line of said 2.016 acre tract, to the
288	288	southwest corner of said 2.016 acre tract, in the north
289	289	right-of-way line of said Owens Road (found to be 77.5' wide at this
290	290	point), from which a bent 1/2" iron rod bears North 86° 34' 26" East –
291	291	1.54'';
292	292	Thence, South 86° 34' 26" West – 3324.19', along the north
293	293	right-of-way line of said Owens Road, to the POINT OF BEGINNING and
294	294	containing 469.7 acres of land.
295	295	SECTION 3. (a) The legal notice of the intention to
296	296	introduce this Act, setting forth the general substance of this
297	297	Act, has been published as provided by law, and the notice and a
298	298	copy of this Act have been furnished to all persons, agencies,
299	299	officials, or entities to which they are required to be furnished
300	300	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
301	301	Government Code.
302	302	(b) The governor, one of the required recipients, has
303	303	submitted the notice and Act to the Texas Commission on
304	304	Environmental Quality.
305	305	(c) The Texas Commission on Environmental Quality has filed
306	306	its recommendations relating to this Act with the governor, the
307	307	lieutenant governor, and the speaker of the house of
308	308	representatives within the required time.
309	309	(d) All requirements of the constitution and laws of this
310	310	state and the rules and procedures of the legislature with respect
311	311	to the notice, introduction, and passage of this Act are fulfilled
312	312	and accomplished.
313	313	SECTION 4. (a) If this Act does not receive a two-thirds
314	314	vote of all the members elected to each house, Subchapter C, Chapter
315	315	7944A, Special District Local Laws Code, as added by Section 1 of
316	316	this Act, is amended by adding Section 7944A.0306 to read as
317	317	follows:
318	318	Sec. 7944A.0306. NO EMINENT DOMAIN POWER. The district may
319	319	not exercise the power of eminent domain.
320	320	(b) This section is not intended to be an expression of a
321	321	legislative interpretation of the requirements of Section 17(c),
322	322	Article I, Texas Constitution.
323	323	SECTION 5. This Act takes effect immediately if it receives
324	324	a vote of two-thirds of all the members elected to each house, as
325	325	provided by Section 39, Article III, Texas Constitution. If this
326	326	Act does not receive the vote necessary for immediate effect, this
327	327	Act takes effect September 1, 2021.