Texas 2023 - 88th Regular

Texas House Bill HB5348 Compare Versions

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1	1	H.B. No. 5348
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Waller County Municipal Utility
6	6	District No. 49; granting a limited power of eminent domain;
7	7	providing authority to issue bonds; providing authority to impose
8	8	assessments, fees, and taxes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 7992A to read as follows:
12	12	CHAPTER 7992A. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 49
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 7992A.0101. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "Commission" means the Texas Commission on
17	17	Environmental Quality.
18	18	(3) "Director" means a board member.
19	19	(4) "District" means the Waller County Municipal
20	20	Utility District No. 49.
21	21	Sec. 7992A.0102. NATURE OF DISTRICT. The district is a
22	22	municipal utility district created under Section 59, Article XVI,
23	23	Texas Constitution.
24	24	Sec. 7992A.0103. CONFIRMATION AND DIRECTOR ELECTION
25	25	REQUIRED. The temporary directors shall hold an election to
26	26	confirm the creation of the district and to elect five permanent
27	27	directors as provided by Section 49.102, Water Code.
28	28	Sec. 7992A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section
30	30	7992A.0103 until each municipality in whose corporate limits or
31	31	extraterritorial jurisdiction the district is located has
32	32	consented by ordinance or resolution to the creation of the
33	33	district and to the inclusion of land in the district as required by
34	34	general law.
35	35	Sec. 7992A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	36	(a) The district is created to serve a public purpose and benefit.
37	37	(b) The district is created to accomplish the purposes of:
38	38	(1) a municipal utility district as provided by
39	39	general law and Section 59, Article XVI, Texas Constitution; and
40	40	(2) Section 52, Article III, Texas Constitution, that
41	41	relate to the construction, acquisition, improvement, operation,
42	42	or maintenance of macadamized, graveled, or paved roads, or
43	43	improvements, including storm drainage, in aid of those roads.
44	44	Sec. 7992A.0106. INITIAL DISTRICT TERRITORY. (a) The
45	45	district is initially composed of the territory described by
46	46	Section 2 of the Act enacting this chapter.
47	47	(b) The boundaries and field notes contained in Section 2 of
48	48	the Act enacting this chapter form a closure. A mistake made in the
49	49	field notes or in copying the field notes in the legislative process
50	50	does not affect the district's:
51	51	(1) organization, existence, or validity;
52	52	(2) right to issue any type of bond for the purposes
53	53	for which the district is created or to pay the principal of and
54	54	interest on a bond;
55	55	(3) right to impose a tax; or
56	56	(4) legality or operation.
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 7992A.0201. GOVERNING BODY; TERMS. (a) The district
59	59	is governed by a board of five elected directors.
60	60	(b) Except as provided by Section 7992A.0202, directors
61	61	serve staggered four-year terms.
62	62	Sec. 7992A.0202. TEMPORARY DIRECTORS. (a) The temporary
63	63	board consists of:
64	64	(1) Heather Sides;
65	65	(2) Rosie Schneider;
66	66	(3) Deborah Johnson;
67	67	(4) Samantha Harn; and
68	68	(5) Anthony Miranda.
69	69	(b) Temporary directors serve until the earlier of:
70	70	(1) the date permanent directors are elected under
71	71	Section 7992A.0103; or
72	72	(2) the fourth anniversary of the effective date of
73	73	the Act enacting this chapter.
74	74	(c) If permanent directors have not been elected under
75	75	Section 7992A.0103 and the terms of the temporary directors have
76	76	expired, successor temporary directors shall be appointed or
77	77	reappointed as provided by Subsection (d) to serve terms that
78	78	expire on the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 7992A.0103; or
81	81	(2) the fourth anniversary of the date of the
82	82	appointment or reappointment.
83	83	(d) If Subsection (c) applies, the owner or owners of a
84	84	majority of the assessed value of the real property in the district
85	85	may submit a petition to the commission requesting that the
86	86	commission appoint as successor temporary directors the five
87	87	persons named in the petition. The commission shall appoint as
88	88	successor temporary directors the five persons named in the
89	89	petition.
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 7992A.0301. GENERAL POWERS AND DUTIES. The district
92	92	has the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 7992A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 7992A.0303. AUTHORITY FOR ROAD PROJECTS. Under
100	100	Section 52, Article III, Texas Constitution, the district may
101	101	design, acquire, construct, finance, issue bonds for, improve,
102	102	operate, maintain, and convey to this state, a county, or a
103	103	municipality for operation and maintenance macadamized, graveled,
104	104	or paved roads, or improvements, including storm drainage, in aid
105	105	of those roads.
106	106	Sec. 7992A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	107	road project must meet all applicable construction standards,
108	108	zoning and subdivision requirements, and regulations of each
109	109	municipality in whose corporate limits or extraterritorial
110	110	jurisdiction the road project is located.
111	111	(b) If a road project is not located in the corporate limits
112	112	or extraterritorial jurisdiction of a municipality, the road
113	113	project must meet all applicable construction standards,
114	114	subdivision requirements, and regulations of each county in which
115	115	the road project is located.
116	116	(c) If the state will maintain and operate the road, the
117	117	Texas Transportation Commission must approve the plans and
118	118	specifications of the road project.
119	119	Sec. 7992A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120	120	ORDINANCE OR RESOLUTION. The district shall comply with all
121	121	applicable requirements of any ordinance or resolution that is
122	122	adopted under Section 54.016 or 54.0165, Water Code, and that
123	123	consents to the creation of the district or to the inclusion of land
124	124	in the district.
125	125	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	126	Sec. 7992A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
127	127	The district may issue, without an election, bonds and other
128	128	obligations secured by:
129	129	(1) revenue other than ad valorem taxes; or
130	130	(2) contract payments described by Section
131	131	7992A.0403.
132	132	(b) The district must hold an election in the manner
133	133	provided by Chapters 49 and 54, Water Code, to obtain voter approval
134	134	before the district may impose an ad valorem tax or issue bonds
135	135	payable from ad valorem taxes.
136	136	(c) The district may not issue bonds payable from ad valorem
137	137	taxes to finance a road project unless the issuance is approved by a
138	138	vote of a two-thirds majority of the district voters voting at an
139	139	election held for that purpose.
140	140	Sec. 7992A.0402. OPERATION AND MAINTENANCE TAX. (a) If
141	141	authorized at an election held under Section 7992A.0401, the
142	142	district may impose an operation and maintenance tax on taxable
143	143	property in the district in accordance with Section 49.107, Water
144	144	Code.
145	145	(b) The board shall determine the tax rate. The rate may not
146	146	exceed the rate approved at the election.
147	147	Sec. 7992A.0403. CONTRACT TAXES. (a) In accordance with
148	148	Section 49.108, Water Code, the district may impose a tax other than
149	149	an operation and maintenance tax and use the revenue derived from
150	150	the tax to make payments under a contract after the provisions of
151	151	the contract have been approved by a majority of the district voters
152	152	voting at an election held for that purpose.
153	153	(b) A contract approved by the district voters may contain a
154	154	provision stating that the contract may be modified or amended by
155	155	the board without further voter approval.
156	156	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
157	157	Sec. 7992A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
158	158	OBLIGATIONS. The district may issue bonds or other obligations
159	159	payable wholly or partly from ad valorem taxes, impact fees,
160	160	revenue, contract payments, grants, or other district money, or any
161	161	combination of those sources, to pay for any authorized district
162	162	purpose.
163	163	Sec. 7992A.0502. TAXES FOR BONDS. At the time the district
164	164	issues bonds payable wholly or partly from ad valorem taxes, the
165	165	board shall provide for the annual imposition of a continuing
166	166	direct ad valorem tax, without limit as to rate or amount, while all
167	167	or part of the bonds are outstanding as required and in the manner
168	168	provided by Sections 54.601 and 54.602, Water Code.
169	169	Sec. 7992A.0503. BONDS FOR ROAD PROJECTS. At the time of
170	170	issuance, the total principal amount of bonds or other obligations
171	171	issued or incurred to finance road projects and payable from ad
172	172	valorem taxes may not exceed one-fourth of the assessed value of the
173	173	real property in the district.
174	174	SECTION 2. The Waller County Municipal Utility District
175	175	No. 49 initially includes all the territory contained in the
176	176	following area:
177	177	TRACT I:
178	178	BEING a 258.3 acre (11,250,068 square foot) tract of land
179	179	situated in the H. & T.C. R.R. Co. Survey, Section 79, Abstract
180	180	No. 157 of Waller County, Texas and being all of a called 258.270
181	181	acre tract of land described as Tract I in an instrument to Freeland
182	182	(Houston) ASLI X, LLC recorded under Waller County Clerk's File
183	183	Number (W.C.C.F. No.) 2215430, said 258.3 acre tract of land
184	184	described by metes and bounds as follows, with all bearings based on
185	185	the Texas Coordinate System of 1983 (NAD83), South Central Zone
186	186	4204 and referenced to monuments found along the perimeter of said
187	187	Tract I as cited herein:
188	188	BEGINNING at the Southeast corner of the herein described
189	189	tract and said Tract I, same being a Northerly right-of-way corner
190	190	of Morton Road (with varies, as occupied), lying on the West line of
191	191	a called 532.516 acre tract of land as described in an instrument to
192	192	Morton and 2855-NW, LLC recorded under Vol. 1410, Pg. 72 of the
193	193	Waller County Deed Records (W.C.D.R.), from which a found 5/8-inch
194	194	iron rod bears N 79°43' E, a distance of 0.32 feet;
195	195	THENCE, S 87°59'32" W, along and with the South line of said
196	196	Tract I and the North right-of-way line of said Morton Road, at a
197	197	distance of 650.05 pass a found 5/8-inch iron rod, continuing along
198	198	and with the South line of said Tract I and the North right-of-way
199	199	line of said Morton Road, a total distance of 2,757.78 feet to the
200	200	Southwest corner of the herein described tract and said Tract I,
201	201	same being the Southeast corner of a called 5.982 acre tract of land
202	202	described as Tract III in an instrument to City of Houston, Texas
203	203	recorded under Vol. 397, Pg. 65 of the W.C.D.R., from which a found
204	204	bent 5/8-inch iron rod bears S 60°23' W, a distance of 0.37 feet;
205	205	THENCE, N 16°19'33" W, along and with a Westerly line of said
206	206	Tract I and the East line of said Tract III, a distance of 2,203.11
207	207	feet to the most Westerly Northwest corner of the herein described
208	208	tract and said Tract I, lying on the South line of a called 706.172
209	209	acre tract of land described as Tract I in an instrument to City of
210	210	Houston, Texas recorded under Vol. 397, Pg. 51 and Vol. 397, Pg. 65
211	211	of the W.C.D.R., from which a found 5/8-inch iron rod found bears N
212	212	02°32' W, a distance of 0.31 feet;
213	213	THENCE, N 73°40'27" E, along and with a Northerly line of said
214	214	Tract I and the South line of said 706.172 acre tract, a distance of
215	215	2,305.00 feet to a 5/8-inch iron rod found for an interior corner of
216	216	the herein described tract and said Tract I, same being the
217	217	Southeast corner of said 706.172 acre tract;
218	218	THENCE, N 16°19'33" W, along and with a Westerly line of said
219	219	Tract I and the East line of said 706.172 acre tract, at a distance
220	220	of 1,643.63 feet pass a found 5/8-inch iron rod, continuing along
221	221	and with a Westerly line of said Tract I and the East line of said
222	222	706.172 acre tract, a total distance of 2,619.16 feet to a 5/8-inch
223	223	iron rod found for the most Northerly Northwest corner of the herein
224	224	described tract and said Tract I, same being the Southwest corner of
225	225	a called 556.084 acre tract as described in an instrument to
226	226	Freeland (Houston) ASLI X, LLC recorded under W.C.C.F. No. 2115429;
227	227	THENCE, N 87°59'33" E, along and with the North line of said
228	228	Tract I and the South line of said 556.084 acre tract, a distance of
229	229	1,717.00 feet to a 1/2-inch iron rod with aluminum cap found for the
230	230	Northeast corner of the herein described tract and said Tract I and
231	231	the Southeast corner of said 556.084 acre tract, same being the
232	232	Southwest corner of a called 318.743 acre tract of land described as
233	233	Tract 7 in an instrument to Hilcorp Energy I, LP recorded under
234	234	W.C.C.F. No. 1909037 and the Northwest corner of a called 79.794
235	235	acre tract of land described as Tract 8 in a instrument to Hilcorp
236	236	Energy I, LP recorded under W.C.C.F. No. 1909468, from which a
237	237	found 1/2-inch iron rod bears N 37°22' E, a distance of 5.54 feet;
238	238	THENCE, S 02°00'26" E, along and with the East line of said
239	239	Tract I and the West line of said Tract 8, at a distance of 1,320.86
240	240	feet pass the Southwest corner of said Tract 8 and the Northwest
241	241	corner of said 532.516 acre tract, continuing along and with the
242	242	East line of said Tract I and the West line of said 532.516 acre
243	243	tract, a total distance of 5,242.51 feet to the POINT OF BEGINNING
244	244	and containing 258.3 acres (11,250,068 square feet) of land.
245	245	TRACT II:
246	246	BEING a 206.6 acre (8,999,215 square foot) tract of land
247	247	situated in the H. & T.C. R.R. Co. Survey, Section 82, Abstract
248	248	No. 290, the H. & T.C. R.R. Co. Survey, Section 79, Abstract
249	249	No. 157, and the H. & T.C. R.R. Co. Survey, Section 70, Abstract
250	250	No. 328 of Waller County, Texas and being all of a called 206.593
251	251	acre tract of land described as Tract II in an instrument to
252	252	Freeland (Houston) ASLI X, LLC recorded under Waller County Clerk's
253	253	File Number (W.C.C.F. No.) 2115430, said 206.6 acre tract of land
254	254	described by metes and bounds as follows, with all bearings based on
255	255	the Texas Coordinate System of 1983 (NAD83), South Central Zone
256	256	4204 and referenced to monuments found along the perimeter of said
257	257	206.593 acre tract as cited herein:
258	258	BEGINNING at a 5/8-inch iron rod found for the Southwest
259	259	corner of the herein described tract and said 206.593 acre tract,
260	260	same being a Northerly right-of-way corner of Morton Road (width
261	261	varies, as occupied), lying on the East line of a called 317.3080
262	262	acre tract of land as described in an instrument to Lyndon Bing
263	263	recorded under Vol. 361, Pg. 50 of the Waller County Deed Records
264	264	(W.C.D.R.);
265	265	THENCE, N 02°02'55" W, along and with the West line of said
266	266	206.593 acre tract and the East line of said 317.3080 acre tract, at
267	267	a distance of l,677.23 feet pass the Northeast corner of said
268	268	317.3080 acre tract and the Southeast corner of a called 272.550
269	269	acre tract of land as described in an instrument to Morton Newman
270	270	Partners, LLC recorded under Vol. 1052, Pg. 5 of the W.C.D.R.,
271	271	continuing along and with the West line of said 206.593 acre tract
272	272	and the East line of said 272.550 acre tract, at a distance of
273	273	2,686.82 feet pass a 1-inch iron pipe found for the Northeast corner
274	274	of said 272.550 acre tract and the Southeast corner of a called
275	275	152.694 acre tract of land as described in an instrument to
276	276	Poarch/Swinbank LLC recorded under W.C.C.F. No. 2102032,
277	277	continuing along and with the West line of said 206.593 acre tract
278	278	and the East line of said 152.694 acre tract, a total distance of
279	279	5,242.52 feet to a Westerly corner of said 206.593 acre tract and
280	280	the herein described tract, same being the Northeast corner of said
281	281	152.694 acre tract, lying on the South line of a called 563.770 acre
282	282	tract of land described as Exhibit A in an instrument to LSEK
283	283	Waller, LP recorded under Vol. 1338, Pg. 106 of the W.C.D.R., from
284	284	which a found 5/8-inch iron rod bears N 77°26' E, 0.33 feet;
285	285	THENCE, N 87°59'32" E, along and with the South line of said
286	286	563.770 acre tract and a Northerly line of said 206.593 acre tract,
287	287	a distance of 17.47 feet to an interior corner of the herein
288	288	described tract and said 206.593 acre tract, same being the
289	289	Southeast corner of said 563.770 acre tract, from which a found
290	290	5/8-inch iron rod with cap stamped "JONES & CARTER" bears S 60°20 E,
291	291	0.45 feet;
292	292	THENCE, N 02°00'50" W, along and with the East line of said
293	293	563.770 acre tract and a Westerly line of said 206.593 acre tract, a
294	294	distance of 263.19 feet to the Northwest corner of the herein
295	295	described tract and said 206.593 acre tract, same being an Easterly
296	296	corner of said 563.770 acre tract, the Southeast corner of a called
297	297	719.600 acre tract of land described as Tract II in an instrument to
298	298	City of Houston, Texas recorded under Vol. 397, Pg. 51 and Vol. 397,
299	299	Pg. 65 of the W.C.D.R., and the Southwest corner of a called 706.172
300	300	acre tract of land described as Tract I in an instrument to City of
301	301	Houston, Texas recorded under Vol. 397, Pg. 51 and Vol. 397, Pg. 65
302	302	of the W.C.D.R., from which a found 5/8-inch iron rod bears S 25°19'
303	303	E, a distance of 0.33 feet;
304	304	THENCE, N 87°59'32" E, along and with the North line of said
305	305	206.593 acre tract and a Southerly line of said 706.172 acre tract,
306	306	a distance of 862.29 feet to the Northeast corner of the herein
307	307	described tract and said 206.593 acre tract, same being an interior
308	308	corner of said 706.172 acre tract, from which a found
309	309	5/8-inch iron rod with cap stamped "JONES & CARTER" bears S 62°31' W,
310	310	a distance of 0.67 feet;
311	311	THENCE, S 16°19'33" E, along and with an Easterly line of said
312	312	206.593 acre tract and the West line of said 706.172 acre tract, a
313	313	distance of 3,545.46 feet to an interior corner of the herein
314	314	described tract and said 206.593 acre tract, same being the
315	315	Southwest corner of said 706.172 acre tract, from which a found
316	316	5/8-inch iron rod bears S 49°22' W, a distance of 0.58 feet;
317	317	THENCE, N 73°40'27" E, along and with a Northerly line of said
318	318	206.593 acre tract and the South line of said 706.172 acre tract, a
319	319	distance of 140.00 feet to a 5/8-inch iron rod found for an Easterly
320	320	corner of said 206.593 acre tract and the herein described tract,
321	321	same being the Northwest corner of a called 5.982 acre tract of land
322	322	described as Tract III in an instrument to City of Houston, Texas
323	323	recorded under Vol. 397, Pg. 65 of the W.C.D.R.;
324	324	THENCE, S 16°19'33" E, along and with an Easterly line of said
325	325	206.593 acre tract and the West line of said 5.982 acre tract, a
326	326	distance of 2,172.48 to a 5/8-inch iron rod with cap stamped "JONES &
327	327	CARTER" found for the Southeast corner of the herein described
328	328	tract and said 206.593 acre tract, same being the Southwest corner
329	329	of said 5.982 acre tract, lying on the North right-of-way line of
330	330	said Morton Road;
331	331	THENCE, S 87°59'32" W, along and with the South line of said
332	332	206.593 acre tract and the North
333	333	right-of-way line of said Morton Road, a distance of 2,425.72 feet
334	334	to the POINT OF BEGINNING and containing 206.6 acres (8,999,215
335	335	square feet) of land.
336	336	SECTION 3. (a) The legal notice of the intention to
337	337	introduce this Act, setting forth the general substance of this
338	338	Act, has been published as provided by law, and the notice and a
339	339	copy of this Act have been furnished to all persons, agencies,
340	340	officials, or entities to which they are required to be furnished
341	341	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
342	342	Government Code.
343	343	(b) The governor, one of the required recipients, has
344	344	submitted the notice and Act to the Texas Commission on
345	345	Environmental Quality.
346	346	(c) The Texas Commission on Environmental Quality has filed
347	347	its recommendations relating to this Act with the governor, the
348	348	lieutenant governor, and the speaker of the house of
349	349	representatives within the required time.
350	350	(d) All requirements of the constitution and laws of this
351	351	state and the rules and procedures of the legislature with respect
352	352	to the notice, introduction, and passage of this Act are fulfilled
353	353	and accomplished.
354	354	SECTION 4. (a) If this Act does not receive a two-thirds
355	355	vote of all the members elected to each house, Subchapter C, Chapter
356	356	7992A, Special District Local Laws Code, as added by Section 1 of
357	357	this Act, is amended by adding Section 7992A.0306 to read as
358	358	follows:
359	359	Sec. 7992A.0306. NO EMINENT DOMAIN POWER. The district may
360	360	not exercise the power of eminent domain.
361	361	(b) This section is not intended to be an expression of a
362	362	legislative interpretation of the requirements of Section 17(c),
363	363	Article I, Texas Constitution.
364	364	SECTION 5. This Act takes effect immediately if it receives
365	365	a vote of two-thirds of all the members elected to each house, as
366	366	provided by Section 39, Article III, Texas Constitution. If this
367	367	Act does not receive the vote necessary for immediate effect, this
368	368	Act takes effect September 1, 2023.
369	369	______________________________ ______________________________
370	370	President of the Senate Speaker of the House
371	371	I certify that H.B. No. 5348 was passed by the House on May 2,
372	372	2023, by the following vote: Yeas 107, Nays 38, 2 present, not
373	373	voting.
374	374	______________________________
375	375	Chief Clerk of the House
376	376	I certify that H.B. No. 5348 was passed by the Senate on May
377	377	15, 2023, by the following vote: Yeas 27, Nays 4.
378	378	______________________________
379	379	Secretary of the Senate
380	380	APPROVED: _____________________
381	381	Date
382	382	_____________________
383	383	Governor