H.B. No. 5322
AN ACT
relating to the administration, powers, territory, and financing of
the Garfield Municipal Utility District No. 1.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 776, Acts of the 78th Legislature,
Regular Session, 2003, is amended by adding Section 5A to read as
follows:
SECTION 5A. EXCLUDED LAND. The following land is excluded
from the territory of the district:
Approximately 402.839 acres of land, consisting of the
following tracts:
Tract 1: a 267.792 acre portion of that parcel of land
described by metes and bounds in Section 15(g) of this Act;
Tract 2: being a 135.047 acre portion of that parcel of land
described by metes and bounds in Section 15(h) of this Act.
SECTION 2. Chapter 776, Acts of the 78th Legislature,
Regular Session, 2003, is amended by adding Sections 7A, 7B, 7C, 7D,
and 7E to read as follows:
SECTION 7A. 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.
SECTION 7B. ROAD STANDARDS AND REQUIREMENTS. (a) A road
project must meet all applicable construction standards, zoning and
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,
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.
SECTION 7C. AUTHORITY TO ISSUE BONDS AND OTHER OBLIGATIONS
FOR ROAD PROJECTS. 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 a road project
authorized by Section 7A of this Act. 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 7D. TAXES FOR ROAD PROJECT BONDS. At the time the
district issues bonds payable wholly or partly from ad valorem
taxes for a road project authorized by Section 7A of this Act, 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 Sections 54.601 and 54.602, Water Code.
SECTION 7E. ELECTIONS REGARDING ROAD PROJECT BONDS. 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.
SECTION 3. Section 11(a), Chapter 776, Acts of the 78th
Legislature, Regular Session, 2003, is amended to read as follows:
(a) The temporary board consists of:
(1) C. T. Granger III [Ricky Turner];
(2) Nathan L. Kennedy [John Lefner];
(3) Jason Howell Levine [Tom Granger];
(4) David Gonzalez [Allen Williams]; and
(5) William J. Murphy [Elroy Williams].
SECTION 4. Section 12, Chapter 776, Acts of the 78th
Legislature, Regular Session, 2003, is amended to read as follows:
SECTION 12. CONFIRMATION AND INITIAL DIRECTORS ELECTION.
The [(a) Not later than the fourth anniversary of the effective
date of this Act, the] temporary board shall hold an election to
confirm establishment of the district and to elect five initial
directors as provided by Section 49.102, Water Code.
[(b) Section 41.001(a), Election Code, does not apply to a
confirmation and initial directors election held under this
section.]
SECTION 5. Section 15, Chapter 776, Acts of the 78th
Legislature, Regular Session, 2003, is amended by adding
Subsections (g) and (h) to read as follows:
(g) FIELD NOTES FOR A 267.792 ACRE TRACT OF LAND OUT OF THE
REUBEN GAGE SURVEY, ABSTRACT NO. 31, BASTROP COUNTY, TEXAS; BEING
ALL OF A CALLED 261.430 ACRE TRACT OF LAND DESCRIBED AS TRACT 1 AS
CONVEYED TO CTX HWY 21, LP BY WARRANTY DEED WITH VENDOR'S LIEN
RECORDED IN DOCUMENT NUMBER 202216695 OF THE OFFICIAL PUBLIC
RECORDS OF BASTROP COUNTY, TEXAS, BEING ALL OF A CALLED 6.362 ACRE
TRACT OF LAND AS CONVEYED TO CTX HWY 21, LP BY SPECIAL WARRANTY DEED
100' ROW RECORDED IN DOCUMENT NUMBER 202221197 OF THE OFFICIAL
PUBLIC RECORDS OF BASTROP COUNTY, TEXAS, BEING A PORTION OF A
100-FOOT WIDE UNIMPROVED RIGHT-OF-WAY AS DEDICATED BY VOLUME 427,
PAGE 848 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP COUNTY, TEXAS,
AND BEING A PORTION OF LOTS 7, 8, 10 AND 11 OF MARK YOUNG RANCH, A
SUBDIVISION AS REFERENCED IN VOLUME 52, PAGE 351 OF THE DEED RECORDS
OF BASTROP COUNTY, TEXAS; SAID 267.792 ACRES OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2-inch iron rod with cap stamped "BGE Inc"
set on the southeast line of THE RANCH, a subdivision recorded in
Cabinet 1, Page 74-B of the Plat Records of Bastrop County, Texas,
at the most westerly corner of the above described CTX HWY 21 Tract
1, and at the most northerly corner of a called 100.842 acre tract
of land described as Tract 1 as conveyed to Cedar Creek East LP by
Special Warranty Deed recorded in Document Number 202114074 of the
Official Public Records of Bastrop County, Texas, for the most
westerly corner of the herein described tract, from which a found
1/2-inch iron rod bears N 46°52'57" W a distance of 2.59 feet, and
from which a found 1/2-inch iron pipe bears S 43°03'13" W a distance
of 321.19 feet;
THENCE, with a northwest line of said CTX HWY 21 Tract 1 and
the southeast line of said THE RANCH, N 43°08'04" E a distance of
314.84 feet to a 1/2-inch iron rod with cap stamped "BGE Inc" set at
an exterior corner of said CTX HWY 21 Tract 1, and at the most
westerly corner of a called 135.047 acre tract of land described as
Tract 2 as conveyed to CTX SPE 4, LP by Warranty Deed with Vendor's
Lien recorded in said Document Number 202216695 of the Official
Public Records of Bastrop County, Texas, for an exterior corner of
the herein described tract, from which a 1/2-inch iron rod with cap
stamped "BGE Inc" set at the most easterly corner of said THE RANCH,
at the most southerly corner of FOREST LAKES, a subdivision
recorded in Cabinet 1, Page 164-A of the Plat Records of Bastrop
County, Texas, and at the most southerly terminus of Lakeview Drive
(50 feet wide) as dedicated by said FOREST LAKES, bears
N 43°08'04" E a distance of 204.63 feet;
THENCE, departing the southeast line of said THE RANCH, with
the north line of said CTX HWY 21 Tract 1 and the south line of said
CTX SPE 4 Tract, the following six (6) courses:
(1) S 84°51'25" E a distance of 407.47 feet to a 1/2-inch iron rod
with cap stamped "BGE Inc" set for an angle point;
(2) N 77°52'25" E a distance of 373.22 feet to a 1/2-inch iron rod
with cap stamped "BGE Inc" set for an angle point;
(3) N 27°47'35" E a distance of 215.08 feet to a 1/2-inch iron rod
with cap stamped "BGE Inc" set for an exterior corner of said CTX
HWY 21 Tract 1, and at an interior corner of said CTX SPE 4 Tract,
for an exterior corner of the herein described tract;
(4) S 62°12'25" E a distance of 1,071.49 feet to a 1/2-inch iron rod
with cap stamped "BGE Inc" set for an interior corner of said CTX
HWY 21 Tract 1, and at an exterior corner of said CTX SPE 4 Tract,
for an interior corner of the herein described tract;
(5) N 60°51'43" E a distance of 490.04 feet to a 1/2-inch iron rod
with cap stamped "BGE Inc" set for an angle point; and
(6) N 43°03'50" E a distance of 2,814.94 feet to a 1/2-inch iron rod
with cap stamped "BGE Inc" set on the southwest line of THOUSAND
OAKS, a subdivision recorded in Cabinet 1, Page 129-A of the Plat
Records of Bastrop County, Texas, at the most northerly corner of
said CTX HWY 21 Tract 1, and at the most easterly corner of said CTX
SPE 4 Tract, for the most northerly corner of the herein described
tract, from which a 1/2-inch iron rod found at the most southerly
corner of Lot 53 and the most westerly corner of Lot 52, both of said
THOUSAND OAKS, bears N 47°03'28" W a distance of 206.43 feet;
THENCE, with the northeast line of said CTX HWY 21 Tract 1 and
the southwest line of said THOUSAND OAKS, S 47°03'28" E a distance
of 1,016.21 feet to a 3/8-inch iron rod found at the most southerly
corner of Lot 48 and the most westerly corner of Lot 47, both of said
THOUSAND OAKS, for an angle point;
THENCE, continuing with the northeast line of said CTX HWY 21
Tract 1 and the southwest line of said THOUSAND OAKS and partly with
the southwest line of AMENDED PLAT OF LOT 46 AND PORTION OF LOT 47,
THOUSAND OAKS, a subdivision recorded in Cabinet 6, Sheet 28A of the
Plat Records of Bastrop County, Texas, S 46°46'54" E a distance of
770.36 feet to a 3/8-inch iron rod found for an angle point;
THENCE, continuing with the northeast line of said CTX HWY 21
Tract 1 and the southwest line of said AMENDED PLAT OF LOT 46 AND
PORTION OF LOT 47, THOUSAND OAKS, S 46°27'13" E a distance of 342.84
feet to a fence post found at the most easterly corner of said CTX
HWY 21 Tract 1, and at the most northerly corner of a called 587.274
acre tract of land described as Tract 3 as conveyed to Cedar Creek
East LP by Special Warranty Deed recorded in said Document Number
202114074 and Correction Instruments as to a Recorded Original
Instrument recorded in Document Numbers 202216447 and 202216495,
all of the Official Public Records of Bastrop County, Texas, for the
most easterly corner of the herein described tract, from which a
1/2-inch iron rod found at the most southerly corner of said AMENDED
PLAT OF LOT 46 AND PORTION OF LOT 47, THOUSAND OAKS, bears
S 46°52'02" E a distance of 1,345.39 feet;
THENCE, generally along a fence, with the southeast line of
said CTX HWY 21 Tract 1 and the northwest line of said Cedar Creek
East Tract 3, S 42°54'02" W a distance of 4,643.68 feet to a
1/2-inch iron rod found at the most southerly corner of said CTX HWY
21 Tract 1, and at the most easterly corner of a called 121.000 acre
tract of land described as Tract 2 as conveyed to Cedar Creek East
LP by Special Warranty Deed recorded in said Document Number
202114074 of the Official Public Records of Bastrop County, Texas,
for the most southerly corner of the herein described tract, from
which a found 3/8-inch iron rod bears N 38°41'24" W a distance of
0.68 feet, and from which a 1/2-inch iron rod with cap stamped "BGE
Inc" found on the north line of a called 141.079 acre tract of land
as conveyed to NEU Community Creekside LLC by Special Warranty Deed
recorded in Document Number 202207532 of the Official Public
Records of Bastrop County, Texas, at a common corner of the
remainders of said Cedar Creek East Tract 2 and said Cedar Creek
East Tract 3, bears S 43°02'33" W a distance of 2,032.33 feet;
THENCE, generally along a fence, with the southwest line of
said CTX HWY 21 Tract 1 and the northeast line of said Cedar Creek
East Tract 2, N 46°52'57" W, pass a 1/2-inch iron rod with cap
stamped "BGE Inc" set on the south line of said 100-foot wide
unimproved right-of-way, at an exterior corner of said CTX HWY 21
Tract 1, at the most southerly corner of the above described CTX HWY
21 6.362 acre tract, and at the northeast corner of said Cedar Creek
East Tract 2 at a distance of 476.83 feet, and continuing on
generally along a fence, with the southwest line of said CTX HWY 21
6.362 acre tract and over and across said 100-foot wide unimproved
right-of-way, pass a 1/2-inch iron rod with cap stamped "BGE Inc"
set on the north line of said 100-foot wide unimproved
right-of-way, at an exterior corner of said CTX HWY 21 Tract 1, at
the most westerly corner of said CTX HWY 21 6.362 acre tract, and at
the most easterly corner of said Cedar Creek East Tract 1 at a
distance of 588.33 feet, and continuing on generally along a fence,
with the southwest line of said CTX HWY 21 Tract 1 and the northeast
line of said Cedar Creek East Tract 1 for a total distance of
3,804.30 feet to the POINT OF BEGINNING and containing 267.792
acres of land, more or less.
(h) FIELD NOTES FOR A 135.047 ACRE TRACT OF LAND OUT OF THE
REUBEN GAGE SURVEY, ABSTRACT NO. 31, THE HIRAM BEALES SURVEY,
ABSTRACT NO. 12, AND THE ISAAC LINDSEY SURVEY, ABSTRACT NO. 226, ALL
OF BASTROP COUNTY, TEXAS; BEING A PORTION OF A CALLED 808.872 ACRE
TRACT OF LAND AS CONVEYED TO FREDDIE WAYNE HOSKINS, TRUSTEE OF THE
HOSKINS GRANTOR RETAINED ANNUITY TRUST BY WARRANTY DEED RECORDED IN
DOCUMENT NUMBER 200411085 OF THE OFFICIAL PUBLIC RECORDS OF BASTROP
COUNTY, TEXAS, AND BEING A PORTION OF LOT 7 AND LOT 10 OF MARK YOUNG
RANCH, A SUBDIVISION AS REFERENCED IN VOLUME 52, PAGE 351 OF THE
DEED RECORDS OF BASTROP COUNTY, TEXAS; SAID 135.047 ACRES OF LAND
BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a 1/2-inch iron rod found on the northwest line
of the above described Hoskins Tract and the southwest right-of-way
line of Privada Drive (50 feet wide) as shown on the plat of
ESCONDIDO, a subdivision recorded in Cabinet 1, Page 66-A of the
Plat Records of Bastrop County, Texas, at the most easterly corner
of Lot 20 of said ESCONDIDO, for the most northerly corner and POINT
OF BEGINNING of the herein described tract;
THENCE, leaving the southeast line of said ESCONDIDO, over
and across said Hoskins Tract and with the apparent southwest
right-of-way line of said Privada Drive, S 47°24'40" E a distance of
31.39 feet to a 1/2-inch iron rod with cap stamped "BGE Inc" set on a
southeast line of said Hoskins Tract and the northwest line of
THOUSAND OAKS, a subdivision recorded in Cabinet 1, Page 129-A of
the Plat Records of Bastrop County, Texas, at the intersection with
the southeast right-of-way line of Elm Forest Loop (called 12 varas
wide) as recorded in Volume 55, Page 223 of the Deed Records of
Bastrop County, Texas, and as shown on said ESCONDIDO and said
THOUSAND OAKS, for an exterior corner of the herein described
tract;
THENCE, with a southeast line of said Hoskins Tract and the
northwest line of said THOUSAND OAKS, S 43°23'38" W a distance of
65.41 feet to a 1/2-inch iron rod found at an interior corner of
said Hoskins Tract, and at the most westerly corner of said THOUSAND
OAKS, for an interior corner of the herein described tract;
THENCE, with the northeast line of said Hoskins Tract and the
southwest line of said THOUSAND OAKS, S 46°56'10" E a distance of
1,427.18 feet to a 1/2-inch iron rod found at the most southerly
corner of Lot 53 and the most westerly corner of Lot 52, both of said
THOUSAND OAKS, for an angle point;
THENCE, continuing with the northeast line of said Hoskins
Tract and the southwest line of said THOUSAND OAKS, S 47°03'28" E a
distance of 206.43 feet to a 1/2-inch iron rod with cap stamped "BGE
Inc" set for the most easterly corner of the herein described tract,
from which a 3/8-inch iron rod found at the most southerly corner of
Lot 48 and the most westerly corner of Lot 47, both of said THOUSAND
OAKS, bears S 47°03'28" E a distance of 1,016.21 feet;
THENCE, leaving the southwest line of said THOUSAND OAKS,
over and across said Hoskins Tract, S 43°03'50" W a distance of
2,814.94 feet to a 1/2-inch iron rod with cap stamped "BGE Inc" set
for an angle point;
THENCE, continuing over and across said Hoskins Tract,
S 60°51'43" W a distance of 490.04 feet to a 1/2-inch iron rod with
cap stamped "BGE Inc" set for the most southerly corner of the
herein described tract;
THENCE, continuing over and across said Hoskins Tract,
N 62°12'25" W a distance of 1,071.49 feet to a 1/2-inch iron rod
with cap stamped "BGE Inc" set for an interior corner of the herein
described tract;
THENCE, continuing over and across said Hoskins Tract,
S 27°47'35" W a distance of 215.08 feet to a 1/2-inch iron rod with
cap stamped "BGE Inc" set for an angle point;
THENCE, continuing over and across said Hoskins Tract,
S 77°52'25" W a distance of 373.22 feet to a 1/2-inch iron rod with
cap stamped "BGE Inc" set for an angle point;
THENCE, continuing over and across said Hoskins Tract,
N 84°51'25" W a distance of 407.47 feet to a 1/2-inch iron rod with
cap stamped "BGE Inc" set on the northwest line of said Hoskins
Tract and the southeast line of Lot 22, THE RANCH, a subdivision
recorded in Cabinet 1, Page 74-B of the Plat Records of Bastrop
County, Texas, for the most westerly corner of the herein described
tract, from which a 1/2-inch iron rod with cap stamped "BGE Inc" set
at the most westerly corner of said Hoskins Tract, and at the most
northerly corner of a called 100.842 acre tract of land described as
Tract 1 as conveyed to Cedar Creek East LP by Special Warranty Deed
recorded in Document Number 202114074 of the Official Public
Records of Bastrop County, Texas, bears S 43°08'04" W a distance of
314.84 feet;
THENCE, with the northwest line of said Hoskins Tract and the
southeast line of said THE RANCH, N 43°08'04" E a distance of 204.63
feet to a 1/2-inch iron rod with cap stamped "BGE Inc" set at the
most easterly corner of said THE RANCH, at the most southerly corner
of FOREST LAKES, a subdivision recorded in Cabinet 1, Page 164-A of
the Plat Records of Bastrop County, Texas, and at the most southerly
terminus of Lakeview Drive (50 feet wide) as dedicated by said
FOREST LAKES, for an angle point, from which a found flagged
3/8-inch iron rod extruding from the ground bears N 38°18'55" W a
distance of 2.42 feet;
THENCE, continuing with the northwest line of said Hoskins
Tract, S 84°13'54" E a distance of 34.74 feet to 1/2-inch iron rod
with cap stamped "BGE Inc" set at an angle point, from which a found
flagged t-post bears N 40°56'38" W a distance of 2.76 feet;
THENCE, continuing with the northwest line of said Hoskins
Tract, N 42°44'59" E a distance of 1,113.08 feet to a 1/2-inch iron
rod found at the most southerly corner of said ESCONDIDO, for an
angle point;
THENCE, continuing with the northwest line of said Hoskins
Tract and the southeast line of said ESCONDIDO the following eight
(8) courses:
(1) N 43°11'44" E a distance of 720.41 feet to an 8-foot tall
10-inch by 10-inch concrete pillar found at the most easterly
corner of Lot 39 of said ESCONDIDO, and at the most southerly
terminus of Escondido Drive (50 feet wide) as dedicated by said
ESCONDIDO, for an angle point;
(2) N 43°40'05" E a distance of 48.94 feet to a 5/8-inch iron rod
found at the most easterly terminus of said Escondido Drive, and at
the most southerly corner of Lot 29 of said ESCONDIDO, for an angle
point;
(3) N 43°09'00" E a distance of 456.59 feet to a 5/8-inch iron rod
found for an angle point;
(4) N 43°03'58" E a distance of 629.59 feet to a 1/2-inch iron rod
found for an angle point;
(5) N 43°30'21" E a distance of 145.94 feet to a 1/2-inch iron rod
found at the most easterly corner of said Lot 29, and at the most
southerly corner of Lot 20 of said ESCONDIDO, for an angle point;
(6) N 43°01'51" E a distance of 681.62 feet to a 1/2-inch iron rod
with cap stamped "BGE Inc" set for an angle point;
(7) N 07°13'53" E a distance of 52.30 feet to a 1/2-inch iron rod
with cap stamped "BGE Inc" set for an angle point; and
(8) N 43°23'23" E a distance of 328.55 feet to the POINT OF
BEGINNING and containing 135.047 acres of land, more or less.
SECTION 6. As soon as practicable after the effective date
of this Act, the temporary board of the Garfield Municipal Utility
District No. 1 shall hold an election to confirm the establishment
of the district and to elect five initial directors as provided by
Section 12, Chapter 776, Acts of the 78th Legislature, Regular
Session, 2003, as amended by this Act.
SECTION 7. (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 8. 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, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 5322 was passed by the House on May
12, 2023, by the following vote: Yeas 103, Nays 37, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 5322 was passed by the Senate on May
24, 2023, by the following vote: Yeas 29, Nays 2.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor