Texas 2023 - 88th Regular

Texas House Bill HB5327 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R13253 LRM-F
2	2	By: Kuempel H.B. No. 5327
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Guadalupe County Municipal Utility
8	8	District No. 8; 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 7976A to read as follows:
14	14	CHAPTER 7976A. GUADALUPE COUNTY MUNICIPAL UTILITY DISTRICT NO. 8
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7976A.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 Guadalupe County Municipal
22	22	Utility District No. 8.
23	23	Sec. 7976A.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. 7976A.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. 7976A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	7976A.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, as required
36	36	by applicable law.
37	37	Sec. 7976A.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. 7976A.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. 7976A.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 7976A.0202, directors
63	63	serve staggered four-year terms.
64	64	Sec. 7976A.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 7976A.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 7976A.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 7976A.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	SUBCHAPTER C. POWERS AND DUTIES
93	93	Sec. 7976A.0301. GENERAL POWERS AND DUTIES. The district
94	94	has the powers and duties necessary to accomplish the purposes for
95	95	which the district is created.
96	96	Sec. 7976A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
97	97	DUTIES. The district has the powers and duties provided by the
98	98	general law of this state, including Chapters 49 and 54, Water Code,
99	99	applicable to municipal utility districts created under Section 59,
100	100	Article XVI, Texas Constitution.
101	101	Sec. 7976A.0303. AUTHORITY FOR ROAD PROJECTS. Under
102	102	Section 52, Article III, Texas Constitution, the district may
103	103	design, acquire, construct, finance, issue bonds for, improve,
104	104	operate, maintain, and convey to this state, a county, or a
105	105	municipality for operation and maintenance macadamized, graveled,
106	106	or paved roads, or improvements, including storm drainage, in aid
107	107	of those roads.
108	108	Sec. 7976A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
109	109	road project must meet all applicable construction standards,
110	110	zoning and subdivision requirements, and regulations of each
111	111	municipality in whose corporate limits or extraterritorial
112	112	jurisdiction the road project is located.
113	113	(b) If a road project is not located in the corporate limits
114	114	or extraterritorial jurisdiction of a municipality, the road
115	115	project must meet all applicable construction standards,
116	116	subdivision requirements, and regulations of each county in which
117	117	the road project is located.
118	118	(c) If the state will maintain and operate the road, the
119	119	Texas Transportation Commission must approve the plans and
120	120	specifications of the road project.
121	121	Sec. 7976A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
122	122	ORDINANCE OR RESOLUTION. The district shall comply with all
123	123	applicable requirements of any ordinance or resolution that is
124	124	adopted under Section 54.016 or 54.0165, Water Code, and that
125	125	consents to the creation of the district or to the inclusion of land
126	126	in the district.
127	127	Sec. 7976A.0306. DIVISION OF DISTRICT. (a) The board, on
128	128	its own motion or on receipt of a petition signed by the owner or
129	129	owners of a majority of the assessed value of the real property in
130	130	the district, may adopt an order dividing the district.
131	131	(b) An order dividing a district may create one or more new
132	132	districts and may provide for the continuation of the district.
133	133	(c) An order dividing the district shall:
134	134	(1) name any new district;
135	135	(2) include the metes and bounds description of the
136	136	territory of each of the districts;
137	137	(3) appoint temporary directors for any new district;
138	138	and
139	139	(4) provide for the division of assets and liabilities
140	140	between the districts.
141	141	(d) The board may adopt an order dividing the district
142	142	before or after the date the board holds an election to confirm the
143	143	district's creation.
144	144	(e) The district may be divided only if the district:
145	145	(1) has never issued any bonds; and
146	146	(2) is not imposing ad valorem taxes.
147	147	(f) A new district created by the division of the district
148	148	may not, at the time the new district is created, contain any land
149	149	outside the area described by Section 2 of the Act enacting this
150	150	chapter.
151	151	(g) On or before the 30th day after the date of adoption of
152	152	an order dividing the district, the district shall file the order
153	153	with the commission and record the order in the real property
154	154	records of each county in which the district is located.
155	155	(h) This chapter applies to any new district created by the
156	156	division of the district, and a new district has all the powers and
157	157	duties of the district.
158	158	(i) A new district created by the division of the district
159	159	shall hold a confirmation and directors' election.
160	160	(j) If the creation of the new district is confirmed, the
161	161	new district shall provide the election date and results to the
162	162	commission.
163	163	(k) A new district created by the division of the district
164	164	must hold an election as required by this chapter to obtain voter
165	165	approval before the district may impose a maintenance tax or issue
166	166	bonds payable wholly or partly from ad valorem taxes.
167	167	(l) The district may continue to rely on confirmation,
168	168	directors', bond, or tax elections held prior to the division.
169	169	(m) Municipal consent to the creation of the district and to
170	170	the inclusion of land in the district acts as municipal consent to
171	171	the creation of any new district created by the division of the
172	172	district and to the inclusion of land in the new district.
173	173	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
174	174	Sec. 7976A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
175	175	The district may issue, without an election, bonds and other
176	176	obligations secured by:
177	177	(1) revenue other than ad valorem taxes; or
178	178	(2) contract payments described by Section
179	179	7976A.0403.
180	180	(b) The district must hold an election in the manner
181	181	provided by Chapters 49 and 54, Water Code, to obtain voter approval
182	182	before the district may impose an ad valorem tax or issue bonds
183	183	payable from ad valorem taxes.
184	184	(c) The district may not issue bonds payable from ad valorem
185	185	taxes to finance a road project unless the issuance is approved by a
186	186	vote of a two-thirds majority of the district voters voting at an
187	187	election held for that purpose.
188	188	Sec. 7976A.0402. OPERATION AND MAINTENANCE TAX. (a) If
189	189	authorized at an election held under Section 7976A.0401, the
190	190	district may impose an operation and maintenance tax on taxable
191	191	property in the district in accordance with Section 49.107, Water
192	192	Code.
193	193	(b) The board shall determine the tax rate. The rate may not
194	194	exceed the rate approved at the election.
195	195	Sec. 7976A.0403. CONTRACT TAXES. (a) In accordance with
196	196	Section 49.108, Water Code, the district may impose a tax other than
197	197	an operation and maintenance tax and use the revenue derived from
198	198	the tax to make payments under a contract after the provisions of
199	199	the contract have been approved by a majority of the district voters
200	200	voting at an election held for that purpose.
201	201	(b) A contract approved by the district voters may contain a
202	202	provision stating that the contract may be modified or amended by
203	203	the board without further voter approval.
204	204	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
205	205	Sec. 7976A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
206	206	OBLIGATIONS. The district may issue bonds or other obligations
207	207	payable wholly or partly from ad valorem taxes, impact fees,
208	208	revenue, contract payments, grants, or other district money, or any
209	209	combination of those sources, to pay for any authorized district
210	210	purpose.
211	211	Sec. 7976A.0502. TAXES FOR BONDS. At the time the district
212	212	issues bonds payable wholly or partly from ad valorem taxes, the
213	213	board shall provide for the annual imposition of a continuing
214	214	direct ad valorem tax, without limit as to rate or amount, while all
215	215	or part of the bonds are outstanding as required and in the manner
216	216	provided by Sections 54.601 and 54.602, Water Code.
217	217	Sec. 7976A.0503. BONDS FOR ROAD PROJECTS. At the time of
218	218	issuance, the total principal amount of bonds or other obligations
219	219	issued or incurred to finance road projects and payable from ad
220	220	valorem taxes may not exceed one-fourth of the assessed value of the
221	221	real property in the district.
222	222	SECTION 2. The Guadalupe County Municipal Utility District
223	223	No. 8 initially includes all the territory contained in the
224	224	following area:
225	225	Being 248.5 acres of land situated in the Josias Randolph
226	226	Survey, Abstract No. 276 and the James Hodges Survey, Abstract
227	227	No. 148, Guadalupe County, Texas; said 248.5 acres being comprised
228	228	of a portion of a called 159.45 acre tract of land in the name of
229	229	NESH 7 Hills, LP as recorded in a General Warranty Deed in Document
230	230	Number 202299019360, Official Public Records of Guadalupe County
231	231	(O.P.R.G.C.) as Exhibit "A", and all of a called 91.04 acre tract of
232	232	land in the name of NESH 7 Hills, LP as recorded in said General
233	233	Warranty Deed as Exhibit "B"; said 248.5 acre tract being more
234	234	particularly described by metes and bounds as follows (all bearings
235	235	are referenced to the Texas Coordinate System, North American Datum
236	236	of 1983 (NAD83), South Central Zone);
237	237	Beginning at the most northerly corner of said 159.45 acre
238	238	tract, being the northwesterly corner of a called 39.86 acre tract
239	239	of land recorded in the name of Robert Kidnew (no deed information
240	240	found), also being on the southerly Right-of-Way (R.O.W.) line of
241	241	Interstate Highway 10 (IH 10);
242	242	Thence, with the common line between said 159.45 acre tract
243	243	and said 39.86 acre tract, South 41 degrees 33 minutes 50 seconds
244	244	East, a distance of 2,224.03 feet to the most easterly corner of
245	245	said 159.45 acre tract, being the most northerly corner of
246	246	aforesaid 91.04 acre tract, the southerly corner of said 39.86 acre
247	247	tract and the most westerly corner of a called 51.89 acre tract
248	248	recorded in the names of Juan and Jose Castillo in Volume 4185, Page
249	249	934, O.P.R.G.C.;
250	250	Thence, with the common line between said 91.04 acre tract
251	251	and said 51.89 acre tract, the following four (4) courses and
252	252	distances:
253	253	1. South 40 degrees 49 minutes 54 seconds East, a distance
254	254	of 716.44 feet;
255	255	2. South 46 degrees 49 minutes 19 seconds West, a distance
256	256	of 22.34 feet;
257	257	3. South 40 degrees 51 minutes 37 seconds East, a distance
258	258	of 869.00 feet;
259	259	4. North 48 degrees 34 minutes 46 seconds East, a distance
260	260	of 246.36 feet to the northeasterly corner of said 91.04 acre tract,
261	261	being on the westerly R.O.W. line of Dart Field Road;
262	262	Thence, with the easterly line of said 91.04 acre tract and
263	263	the westerly R.O.W. line of said Dart Field Road, South 03 degrees
264	264	26 minutes 57 seconds West, a distance of 1,141.98 feet to the
265	265	southeasterly corner of said 91.04 acre tract, being the most
266	266	easterly corner of a called 62.46 acre tract of land recorded in the
267	267	name of Mary Mergele (no deed information found);
268	268	Thence, with the common line between said 91.04 acre tract
269	269	and said 62.46 acre tract, the following three (3) courses and
270	270	distances;
271	271	1. South 60 degrees 28 minutes 33 seconds West, a distance
272	272	of 1,052.86 feet;
273	273	2. North 23 degrees 36 minutes 29 seconds West, a distance
274	274	of 640.11 feet;
275	275	3. South 48 degrees 26 minutes 08 seconds West, a distance
276	276	of 487.65 feet to an interior corner of said 91.04 acre tract, being
277	277	the southeasterly corner of a called 60.00 acre tract of land
278	278	recorded in the name of Richard Mergele in Document Number
279	279	202199016163, O.P.R.G.C.;
280	280	Thence, with the common line between said 91.04 acre tract
281	281	and said 60.00 acre tract, North 40 degrees 54 minutes 12 seconds
282	282	West, a distance of 1,549.99 feet the northwesterly corner of said
283	283	91.04 acre tract, being the most northerly corner of said 60.00 acre
284	284	tract, also being on the southerly line of aforesaid 159.45 acre
285	285	tract;
286	286	Thence, with the common line between said 159.45 acre tract
287	287	and said 60.00 acre tract, South 47 degrees 58 minutes 18 seconds
288	288	West, a distance of 1,692.34 feet to the most southerly corner of
289	289	said 159.45 acre tract, being the westerly corner of said 60.00 acre
290	290	tract, also being on the easterly line of a called 141.59 acre tract
291	291	of land recorded in the name of Abner Ussery in Volume 133, Page
292	292	381, O.P.R.G.C.;
293	293	Thence, with the common line between said 159.45 acre tract
294	294	and said 141.59 acre tract, North 39 degrees 48 minutes 06 seconds
295	295	West, a distance of 1,303.20 feet to the most westerly corner of
296	296	said 159.45 acre tract, being the southwesterly corner of a called
297	297	67.01 acre tract of land recorded in the name of Abner Ussery (no
298	298	deed information found);
299	299	Thence, with the common line between said 159.45 acre tract
300	300	and said 67.01 acre tract, the following two (2) courses and
301	301	distances;
302	302	North 48 degrees 35 minutes 44 seconds East, a distance of
303	303	1,783.49 feet;
304	304	North 40 degrees 37 minutes 01 second West, 1,244.08 feet to
305	305	the southerly line of a called 2.13 acre tract conveyed to Catrina
306	306	Lewis in Warranty Deed recorded in Document Number 201899027872,
307	307	O.P.R.G.C.
308	308	Thence, with the southeasterly line of said 2.13 acre tract
309	309	the following four (4) courses;
310	310	1. North 38 degrees 19 minutes 00 seconds East, a distance
311	311	of 136.58 feet;
312	312	2. North 04 degrees 38 minutes 55 seconds East, a distance
313	313	of 150.74 feet;
314	314	3. North 29 degrees 03 minutes 42 seconds West, a distance
315	315	of 137.41 feet;
316	316	4. North 00 degrees 08 minutes 43 seconds West, a distance
317	317	of 96.17 feet to the northerly line of said 159.45 acre tract and
318	318	the northeasterly corner of said 2.13 acre tract, also being on the
319	319	southerly line of aforesaid IH 10;
320	320	Thence, with the northerly line of said 159.45 acre tract and
321	321	the southerly R.O.W. line of said IH 10, North 72 degrees 09 minutes
322	322	51 seconds East, a distance of 1,548.01 feet to the Point of
323	323	Beginning and containing 248.5 acres of land.
324	324	SECTION 3. (a) The legal notice of the intention to
325	325	introduce this Act, setting forth the general substance of this
326	326	Act, has been published as provided by law, and the notice and a
327	327	copy of this Act have been furnished to all persons, agencies,
328	328	officials, or entities to which they are required to be furnished
329	329	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
330	330	Government Code.
331	331	(b) The governor, one of the required recipients, has
332	332	submitted the notice and Act to the Texas Commission on
333	333	Environmental Quality.
334	334	(c) The Texas Commission on Environmental Quality has filed
335	335	its recommendations relating to this Act with the governor, the
336	336	lieutenant governor, and the speaker of the house of
337	337	representatives within the required time.
338	338	(d) All requirements of the constitution and laws of this
339	339	state and the rules and procedures of the legislature with respect
340	340	to the notice, introduction, and passage of this Act are fulfilled
341	341	and accomplished.
342	342	SECTION 4. (a) If this Act does not receive a two-thirds
343	343	vote of all the members elected to each house, Subchapter C, Chapter
344	344	7976A, Special District Local Laws Code, as added by Section 1 of
345	345	this Act, is amended by adding Section 7976A.0307 to read as
346	346	follows:
347	347	Sec. 7976A.0307. NO EMINENT DOMAIN POWER. The district may
348	348	not exercise the power of eminent domain.
349	349	(b) This section is not intended to be an expression of a
350	350	legislative interpretation of the requirements of Section 17(c),
351	351	Article I, Texas Constitution.
352	352	SECTION 5. This Act takes effect immediately if it receives
353	353	a vote of two-thirds of all the members elected to each house, as
354	354	provided by Section 39, Article III, Texas Constitution. If this
355	355	Act does not receive the vote necessary for immediate effect, this
356	356	Act takes effect September 1, 2023.