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Texas House Bill HB5314

Texas 2023 - 88th Regular

Texas House Bill HB5314 Compare Versions

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11 H.B. No. 5314
22
33
44 AN ACT
55 relating to the creation of the Waller County Municipal Utility
66 District No. 56; granting a limited power of eminent domain;
77 providing authority to issue bonds; providing authority to impose
88 assessments, fees, and taxes.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1111 Code, is amended by adding Chapter 7879A to read as follows:
1212 CHAPTER 7879A. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 56
1313 SUBCHAPTER A. GENERAL PROVISIONS
1414 Sec. 7879A.0101. DEFINITIONS. In this chapter:
1515 (1) "Board" means the district's board of directors.
1616 (2) "Commission" means the Texas Commission on
1717 Environmental Quality.
1818 (3) "Director" means a board member.
1919 (4) "District" means the Waller County Municipal
2020 Utility District No. 56.
2121 Sec. 7879A.0102. NATURE OF DISTRICT. The district is a
2222 municipal utility district created under Section 59, Article XVI,
2323 Texas Constitution.
2424 Sec. 7879A.0103. CONFIRMATION AND DIRECTOR ELECTION
2525 REQUIRED. The temporary directors shall hold an election to
2626 confirm the creation of the district and to elect five permanent
2727 directors as provided by Section 49.102, Water Code.
2828 Sec. 7879A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
2929 temporary directors may not hold an election under Section
3030 7879A.0103 until each municipality in whose corporate limits or
3131 extraterritorial jurisdiction the district is located has
3232 consented by ordinance or resolution to the creation of the
3333 district and to the inclusion of land in the district.
3434 Sec. 7879A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3535 (a) The district is created to serve a public purpose and benefit.
3636 (b) The district is created to accomplish the purposes of:
3737 (1) a municipal utility district as provided by
3838 general law and Section 59, Article XVI, Texas Constitution; and
3939 (2) Section 52, Article III, Texas Constitution, that
4040 relate to the construction, acquisition, improvement, operation,
4141 or maintenance of macadamized, graveled, or paved roads, or
4242 improvements, including storm drainage, in aid of those roads.
4343 Sec. 7879A.0106. INITIAL DISTRICT TERRITORY. (a) The
4444 district is initially composed of the territory described by
4545 Section 2 of the Act enacting this chapter.
4646 (b) The boundaries and field notes contained in Section 2 of
4747 the Act enacting this chapter form a closure. A mistake made in the
4848 field notes or in copying the field notes in the legislative process
4949 does not affect the district's:
5050 (1) organization, existence, or validity;
5151 (2) right to issue any type of bond for the purposes
5252 for which the district is created or to pay the principal of and
5353 interest on a bond;
5454 (3) right to impose a tax; or
5555 (4) legality or operation.
5656 SUBCHAPTER B. BOARD OF DIRECTORS
5757 Sec. 7879A.0201. GOVERNING BODY; TERMS. (a) The district
5858 is governed by a board of five elected directors.
5959 (b) Except as provided by Section 7879A.0202, directors
6060 serve staggered four-year terms.
6161 Sec. 7879A.0202. TEMPORARY DIRECTORS. (a) The temporary
6262 board consists of:
6363 (1) Ida Afshar;
6464 (2) Olivia Lovoi;
6565 (3) Ellie Little;
6666 (4) Shelby McNeal; and
6767 (5) Trevor Pinchback.
6868 (b) Temporary directors serve until the earlier of:
6969 (1) the date permanent directors are elected under
7070 Section 7879A.0103; or
7171 (2) the fourth anniversary of the effective date of
7272 the Act enacting this chapter.
7373 (c) If permanent directors have not been elected under
7474 Section 7879A.0103 and the terms of the temporary directors have
7575 expired, successor temporary directors shall be appointed or
7676 reappointed as provided by Subsection (d) to serve terms that
7777 expire on the earlier of:
7878 (1) the date permanent directors are elected under
7979 Section 7879A.0103; or
8080 (2) the fourth anniversary of the date of the
8181 appointment or reappointment.
8282 (d) If Subsection (c) applies, the owner or owners of a
8383 majority of the assessed value of the real property in the district
8484 may submit a petition to the commission requesting that the
8585 commission appoint as successor temporary directors the five
8686 persons named in the petition. The commission shall appoint as
8787 successor temporary directors the five persons named in the
8888 petition.
8989 SUBCHAPTER C. POWERS AND DUTIES
9090 Sec. 7879A.0301. GENERAL POWERS AND DUTIES. The district
9191 has the powers and duties necessary to accomplish the purposes for
9292 which the district is created.
9393 Sec. 7879A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
9494 DUTIES. The district has the powers and duties provided by the
9595 general law of this state, including Chapters 49 and 54, Water Code,
9696 applicable to municipal utility districts created under Section 59,
9797 Article XVI, Texas Constitution.
9898 Sec. 7879A.0303. AUTHORITY FOR ROAD PROJECTS. Under
9999 Section 52, Article III, Texas Constitution, the district may
100100 design, acquire, construct, finance, issue bonds for, improve,
101101 operate, maintain, and convey to this state, a county, or a
102102 municipality for operation and maintenance macadamized, graveled,
103103 or paved roads, or improvements, including storm drainage, in aid
104104 of those roads.
105105 Sec. 7879A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
106106 road project must meet all applicable construction standards,
107107 zoning and subdivision requirements, and regulations of each
108108 municipality in whose corporate limits or extraterritorial
109109 jurisdiction the road project is located.
110110 (b) If a road project is not located in the corporate limits
111111 or extraterritorial jurisdiction of a municipality, the road
112112 project must meet all applicable construction standards,
113113 subdivision requirements, and regulations of each county in which
114114 the road project is located.
115115 (c) If the state will maintain and operate the road, the
116116 Texas Transportation Commission must approve the plans and
117117 specifications of the road project.
118118 Sec. 7879A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
119119 ORDINANCE OR RESOLUTION. The district shall comply with all
120120 applicable requirements of any ordinance or resolution that is
121121 adopted under Section 54.016 or 54.0165, Water Code, and that
122122 consents to the creation of the district or to the inclusion of land
123123 in the district.
124124 Sec. 7879A.0306. DIVISION OF DISTRICT. (a) The district
125125 may be divided into two or more new districts only if the district:
126126 (1) has no outstanding bond debt; and
127127 (2) is not imposing ad valorem taxes.
128128 (b) This chapter applies to any new district created by the
129129 division of the district, and a new district has all the powers and
130130 duties of the district.
131131 (c) A new district created by the division of the district
132132 may not, at the time the new district is created, contain any land
133133 outside the area described by Section 2 of the Act enacting this
134134 chapter.
135135 (d) The board, on its own motion or on receipt of a petition
136136 signed by the owner or owners of a majority of the assessed value of
137137 the real property in the district, may adopt an order dividing the
138138 district.
139139 (e) The board may adopt an order dividing the district
140140 before or after the date the board holds an election under Section
141141 7879A.0103 to confirm the district's creation.
142142 (f) An order dividing the district shall:
143143 (1) name each new district;
144144 (2) include the metes and bounds description of the
145145 territory of each new district;
146146 (3) appoint temporary directors for each new district;
147147 and
148148 (4) provide for the division of assets and liabilities
149149 between the new districts.
150150 (g) On or before the 30th day after the date of adoption of
151151 an order dividing the district, the district shall file the order
152152 with the commission and record the order in the real property
153153 records of each county in which the district is located.
154154 (h) A new district created by the division of the district
155155 shall hold a confirmation and directors' election as required by
156156 Section 7879A.0103.
157157 (i) If the creation of the new district is confirmed, the
158158 new district shall provide the election date and results to the
159159 commission.
160160 (j) A new district created by the division of the district
161161 must hold an election as required by this chapter to obtain voter
162162 approval before the district may impose a maintenance tax or issue
163163 bonds payable wholly or partly from ad valorem taxes.
164164 (k) Municipal consent to the creation of the district and to
165165 the inclusion of land in the district granted under Section
166166 7879A.0104 acts as municipal consent to the creation of any new
167167 district created by the division of the district and to the
168168 inclusion of land in the new district.
169169 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
170170 Sec. 7879A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
171171 The district may issue, without an election, bonds and other
172172 obligations secured by:
173173 (1) revenue other than ad valorem taxes; or
174174 (2) contract payments described by Section
175175 7879A.0403.
176176 (b) The district must hold an election in the manner
177177 provided by Chapters 49 and 54, Water Code, to obtain voter approval
178178 before the district may impose an ad valorem tax or issue bonds
179179 payable from ad valorem taxes.
180180 (c) The district may not issue bonds payable from ad valorem
181181 taxes to finance a road project unless the issuance is approved by a
182182 vote of a two-thirds majority of the district voters voting at an
183183 election held for that purpose.
184184 Sec. 7879A.0402. OPERATION AND MAINTENANCE TAX. (a) If
185185 authorized at an election held under Section 7879A.0401, the
186186 district may impose an operation and maintenance tax on taxable
187187 property in the district in accordance with Section 49.107, Water
188188 Code.
189189 (b) The board shall determine the tax rate. The rate may not
190190 exceed the rate approved at the election.
191191 Sec. 7879A.0403. CONTRACT TAXES. (a) In accordance with
192192 Section 49.108, Water Code, the district may impose a tax other than
193193 an operation and maintenance tax and use the revenue derived from
194194 the tax to make payments under a contract after the provisions of
195195 the contract have been approved by a majority of the district voters
196196 voting at an election held for that purpose.
197197 (b) A contract approved by the district voters may contain a
198198 provision stating that the contract may be modified or amended by
199199 the board without further voter approval.
200200 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
201201 Sec. 7879A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
202202 OBLIGATIONS. The district may issue bonds or other obligations
203203 payable wholly or partly from ad valorem taxes, impact fees,
204204 revenue, contract payments, grants, or other district money, or any
205205 combination of those sources, to pay for any authorized district
206206 purpose.
207207 Sec. 7879A.0502. TAXES FOR BONDS. At the time the district
208208 issues bonds payable wholly or partly from ad valorem taxes, the
209209 board shall provide for the annual imposition of a continuing
210210 direct ad valorem tax, without limit as to rate or amount, while all
211211 or part of the bonds are outstanding as required and in the manner
212212 provided by Sections 54.601 and 54.602, Water Code.
213213 Sec. 7879A.0503. BONDS FOR ROAD PROJECTS. At the time of
214214 issuance, the total principal amount of bonds or other obligations
215215 issued or incurred to finance road projects and payable from ad
216216 valorem taxes may not exceed one-fourth of the assessed value of the
217217 real property in the district.
218218 SECTION 2. The Waller County Municipal Utility District
219219 No. 56 initially includes all the territory contained in the
220220 following area:
221221 A 212.779 acres (9,268,661 square feet more or less) tract of
222222 land, being all of a called 212.77803 acre tract of land conveyed to
223223 MA Opportunity Fund I, L.P. as described in a deed recorded in
224224 Clerk's File No. 2106255 in the Official Public Records of Waller
225225 County, Texas, situated in the H. & T. C. R.R. Co. Survey, Section
226226 67, Abstract Number 151, in Waller County, Texas. Said 212.779 acre
227227 tract being more fully described as follows, with bearings based on
228228 the Texas Coordinate System of 1983 established for the South
229229 Central Zone from the North American Datum of 1983 (NA2011) epoch
230230 2010.00:
231231 BEGINNING: At a 1 1/4 inch iron pipe found for the northwest
232232 corner of said 212.7803 acre tract, in the west line of a called
233233 264.963 acre tract of land conveyed to Gavranovic Family Limited
234234 Partnership as described in a deed recorded in Volume 755, Page 243
235235 in the Deed Records of Waller County, Texas and in the south
236236 right-of-way line of F.M. 529 aka Freeman Ranch Road as described in
237237 Volume 154, Page 289 in the Deed Records of Waller County, Texas;
238238 THENCE: N 87°52'59" E, along and with the north line of said
239239 212.7803 acre tract, the south right-of-way line of said F.M. 529, a
240240 distance of 2381.15 feet to a 5/8 inch iron rod with cap stamped
241241 "Pape-Dawson" set for the northeast corner of said 212.7803 acre
242242 tract, the northwest corner of a called 641.4 acre tract of land
243243 conveyed to G.J. Bollinger LTD. as described in a deed recorded in
244244 Clerk's File No. 990436 in the Official Public records of Waller
245245 County, Texas and in the south line of said FM 529;
246246 THENCE: S 01°59'52" E, along and with the common line of said
247247 212.7803 acre tract and said 641.4 acre tract, a distance of 3893.84
248248 feet to a 1/2 inch iron pipe found for the southeast corner of said
249249 212.7803 acre tract, the southwest corner of said 641.4 acre tract,
250250 and the northeast corner of a called 160.695 acre tract of land
251251 conveyed to Gavranoivc Family Limited Partnership, as described in
252252 a deed recorded in Clerk's File No. 403790 in the Official Public
253253 Records of Waller County, Texas, from which a found 5/8 inch iron
254254 rod with illegible cap bears S 01°59'25" E, a distance of 1444.52
255255 feet;
256256 THENCE: S 87°46'47" W, along and with the south line of said
257257 212.7803 acre tract, the north line of said 160.695 acre tract, a
258258 distance of 2376.93 feet to a 5/8 inch iron rod with cap stamped
259259 "Pape-Dawson" set for the southwest corner of said 212.7803 acre
260260 tract, in the north line of said 160.695 acre tract , and the
261261 southeast corner of the aforementioned 264.963 acre tract
262262 THENCE: N 02°03'36" W, along and with the common line between
263263 said 212.7803 acre tract and said 264.963 acre tract, a distance of
264264 3898.12 feet to the POINT OF BEGINNING, and containing 212.779
265265 acres in Waller County, Texas. Said tract being described in
266266 accordance with a survey made on the ground, and a survey map
267267 prepared under job number 49176-21 by Pape-Dawson Engineers, Inc.
268268 SECTION 3. (a) The legal notice of the intention to
269269 introduce this Act, setting forth the general substance of this
270270 Act, has been published as provided by law, and the notice and a
271271 copy of this Act have been furnished to all persons, agencies,
272272 officials, or entities to which they are required to be furnished
273273 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
274274 Government Code.
275275 (b) The governor, one of the required recipients, has
276276 submitted the notice and Act to the Texas Commission on
277277 Environmental Quality.
278278 (c) The Texas Commission on Environmental Quality has filed
279279 its recommendations relating to this Act with the governor, the
280280 lieutenant governor, and the speaker of the house of
281281 representatives within the required time.
282282 (d) All requirements of the constitution and laws of this
283283 state and the rules and procedures of the legislature with respect
284284 to the notice, introduction, and passage of this Act are fulfilled
285285 and accomplished.
286286 SECTION 4. (a) If this Act does not receive a two-thirds
287287 vote of all the members elected to each house, Subchapter C, Chapter
288288 7879A, Special District Local Laws Code, as added by Section 1 of
289289 this Act, is amended by adding Section 7879A.0307 to read as
290290 follows:
291291 Sec. 7879A.0307. NO EMINENT DOMAIN POWER. The district may
292292 not exercise the power of eminent domain.
293293 (b) This section is not intended to be an expression of a
294294 legislative interpretation of the requirements of Section 17(c),
295295 Article I, Texas Constitution.
296296 SECTION 5. This Act takes effect immediately if it receives
297297 a vote of two-thirds of all the members elected to each house, as
298298 provided by Section 39, Article III, Texas Constitution. If this
299299 Act does not receive the vote necessary for immediate effect, this
300300 Act takes effect September 1, 2023.
301301 ______________________________ ______________________________
302302 President of the Senate Speaker of the House
303303 I certify that H.B. No. 5314 was passed by the House on May 9,
304304 2023, by the following vote: Yeas 106, Nays 36, 2 present, not
305305 voting.
306306 ______________________________
307307 Chief Clerk of the House
308308 I certify that H.B. No. 5314 was passed by the Senate on May
309309 21, 2023, by the following vote: Yeas 27, Nays 4.
310310 ______________________________
311311 Secretary of the Senate
312312 APPROVED: _____________________
313313 Date
314314 _____________________
315315 Governor