Texas 2023 - 88th Regular

Texas House Bill HB5349 Compare Versions

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1	1	H.B. No. 5349
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Austin County Municipal Utility
6	6	District No. 4; 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 7991A to read as follows:
12	12	CHAPTER 7991A. AUSTIN COUNTY MUNICIPAL UTILITY DISTRICT NO. 4
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 7991A.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 Austin County Municipal
20	20	Utility District No. 4.
21	21	Sec. 7991A.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. 7991A.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. 7991A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section
30	30	7991A.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	applicable law.
35	35	Sec. 7991A.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. 7991A.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. 7991A.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 7991A.0202, directors
61	61	serve staggered four-year terms.
62	62	Sec. 7991A.0202. TEMPORARY DIRECTORS. (a) The temporary
63	63	board consists of:
64	64	(1) Micah Burson;
65	65	(2) Cullen Weishuhn;
66	66	(3) Nick Tirey;
67	67	(4) Chris Beckendorff; and
68	68	(5) Mills Duncan.
69	69	(b) Temporary directors serve until the earlier of:
70	70	(1) the date permanent directors are elected under
71	71	Section 7991A.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 7991A.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 7991A.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. 7991A.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. 7991A.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. 7991A.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. 7991A.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. 7991A.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. 7991A.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	7991A.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. 7991A.0402. OPERATION AND MAINTENANCE TAX. (a) If
141	141	authorized at an election held under Section 7991A.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. 7991A.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. 7991A.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. 7991A.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. 7991A.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 Austin County Municipal Utility District
175	175	No. 4 initially includes all the territory contained in the
176	176	following area:
177	177	BEING all that certain tract or parcel of land containing
178	178	113.676 acres of land, more or less, in the J. K. Lee Survey,
179	179	Abstract 353, Austin County, Texas, same being out of the residue of
180	180	that certain Tract 1 called 160 acre parcel East Quarter of School
181	181	Section 144, Patent No. 474, Volume 12 as described by instrument
182	182	recorded in Volume 288, Page 575 of the Deed Records of Austin
183	183	County, Texas, said 113.676 acre tract being more particularly
184	184	described by metes and bounds, as follows, to wit:
185	185	Commencing for reference at a 1/2 inch iron rod found for
186	186	corner, same being the most easterly corner of the residue of that
187	187	certain called 6.162 acre parcel as described by instrument
188	188	recorded in Clerk's File No. 981607 of the Official Records of
189	189	Austin County, Texas, same being the most northerly corner of that
190	190	certain called 5.000 acre parcel as described by instrument
191	191	recorded in Clerk's File No. 191600 of the Official Records of
192	192	Austin County, Texas, same being in the southwesterly occupied
193	193	right-of-way line of Sens Road (right-of-way varies), same being a
194	194	northeasterly exterior corner of that certain Parcel "B" called
195	195	100.000 acre parcel this day herein described, from which a 1/2 inch
196	196	iron rod found for corner bears South 45 degrees 00 minutes 00
197	197	seconds East, a distance of 2,154.29 feet (called South 45 degrees
198	198	00 minutes 00 seconds East, 2,154.31 feet) (Basis of Bearings),
199	199	same being a northwesterly interior corner of that certain called
200	200	12.631 acre parcel as described by instrument recorded in Clerk's
201	201	File No. 007898 of the Official Records of Austin County, Texas,
202	202	same being the most easterly corner of that certain Parcel "A"
203	203	called 113.676 acre parcel this day herein described, and same
204	204	being the most easterly corner of the residue of that certain Tract
205	205	1 called 160 acre parcel as described by instrument recorded in
206	206	Volume 288, Page 577 of the Deed Records of Austin County, Texas;
207	207	THENCE, departing said occupied southwesterly right-of-way
208	208	line of Sens Road and with said common line, South 31 degrees 02
209	209	minutes 31 seconds West (called South 31 degrees 02 minutes 31
210	210	seconds West) pass at a distance of 235.66 feet (called 235.61 feet)
211	211	a 1/2 inch iron rod found for corner, same being the most southerly
212	212	corner of the residue of said called 6.162 acre parcel, same being
213	213	an easterly exterior corner of the residue of said Tract 1, in all a
214	214	distance of 418.23 feet (called 418.23 feet) to a 1/2 inch iron rod
215	215	found for corner, same being the most westerly corner of said
216	216	called 5.000 acre parcel, same being an easterly interior corner of
217	217	that certain Parcel "B" this day herein described, same being an
218	218	easterly interior corner of the residue of said Tract 1, and same
219	219	being an easterly interior corner of the tract herein described;
220	220	THENCE, continuing with said common line, South 45 degrees 09
221	221	minutes 08 seconds East, a distance of 126.36 feet (called South 45
222	222	degrees 09 minutes 08 seconds East) to POINT OF BEGINNING and a
223	223	northerly exterior corner of the tract herein described, same being
224	224	the most easterly southeast exterior corner of said Parcel "B" this
225	225	day herein described, same being in the southwesterly line of said
226	226	called 5.000 acre parcel;
227	227	THENCE, continuing with said common line, South 45 degrees 09
228	228	minutes 08 seconds East, a distance of 408.08 feet (called South 45
229	229	degrees 09 minutes 08 seconds East) to a 1/2 inch iron rod found for
230	230	corner, same being the most southerly corner of said called 5.000
231	231	acre parcel, same being a northerly interior corner of the residue
232	232	of said Tract 1, and same being a northerly interior corner of the
233	233	tract herein described;
234	234	THENCE, continuing with said common line, North 31 degrees 46
235	235	minutes 52 seconds East, a distance of 415.47 feet (called North 31
236	236	degrees 46 minutes 52 seconds East, 415.47 feet) to a 1/2 inch iron
237	237	rod found for corner, same being the most easterly corner of said
238	238	called 5.000 acre parcel, same being a northerly exterior corner of
239	239	said Tract 1, same being in the southwesterly occupied
240	240	right-of-way of Sens Road, and same being a northerly exterior
241	241	corner of the tract herein described;
242	242	THENCE, with said southwesterly occupied right-of-way line
243	243	of said Sens Road and said common line, South 45 degrees 00 minutes
244	244	00 seconds East (called South 45 degrees 00 minutes 00 seconds East)
245	245	pass at a distance of 1,579.97 feet a 1/2 inch iron rod found for
246	246	corner, same being the most northerly northwest corner of said
247	247	called 12.631 acre parcel, same being the apparent intersection of
248	248	the occupied southwesterly right-of-way line of Sens Road with the
249	249	northeasterly extension of Sens Road, departing said southwesterly
250	250	right-of-way line and said southeasterly right-of-way line of Sens
251	251	Road intersection, in all a distance of 1,613.98 feet to a 1/2 inch
252	252	iron rod found for corner, same being the most easterly southeast
253	253	corner of the occupied residue of said Tract 1 called 160 acre
254	254	parcel, same being a northwesterly interior corner of said called
255	255	12.631 acre parcel, and same being the most easterly corner of the
256	256	tract herein described;
257	257	THENCE, with said occupied common line, South 45 degrees 13
258	258	minutes 38 seconds West, a distance of 1,385.44 feet (called South
259	259	45 degrees 00 minutes 00 seconds West) to a 1/2 inch iron rod found
260	260	for corner, same being a southeasterly exterior corner of the
261	261	residue of said Tract 1, same being a northwesterly interior corner
262	262	of said called 12.631 acre parcel, and same being a southeasterly
263	263	exterior corner of the tract herein described;
264	264	THENCE, continuing with said common line, South 48 degrees 25
265	265	minutes 53 seconds West, a distance of 59.19 feet (called South 45
266	266	degrees 00 minutes 00 seconds West) to a 5/8 inch iron rod set for
267	267	corner at an old occupied fence intersection point, same being a
268	268	northwesterly exterior corner of said called 12.631 acre parcel,
269	269	same being in the southeasterly occupied line of the residue of said
270	270	Tract 1, and same being a southeasterly interior corner of the
271	271	tract herein described;
272	272	THENCE, continuing with said common line, South 44 degrees 40
273	273	minutes 55 seconds West, a distance of 364.58 feet (called South 45
274	274	degrees 00 minutes 00 seconds West) to a 1/2 inch iron rod found for
275	275	corner at an old occupied fence intersection, same being a
276	276	southeasterly exterior corner of the residue of said Tract 1, same
277	277	being the most westerly corner of said called 12.631 acre parcel,
278	278	and same being a northerly exterior corner of that certain Parcel 1
279	279	called 919.5371 acre parcel as described by instrument recorded in
280	280	Clerk's File No. 144449 of the Official Records of Austin County,
281	281	Texas, and same being a southeasterly exterior corner of the tract
282	282	herein described;
283	283	THENCE, continuing with said common occupied line, South 45
284	284	degrees 26 minutes 52 seconds West, a distance of 843.83 feet
285	285	(called South 45 degrees 00 minutes 00 seconds West) to a 1/2 inch
286	286	iron rod found for corner at an old fence intersection, same being
287	287	the most southerly corner of the residue of Tract 1, same being in a
288	288	northwesterly line of said Parcel 1 called 919.5371 acre parcel,
289	289	same being the most easterly corner of that certain called 943.659
290	290	acre parcel as described by instrument recorded in Clerk's File
291	291	No. 973704 of the Official Records of Austin County, Texas, and
292	292	same being the most southerly corner of the tract herein described;
293	293	THENCE, continuing with said occupied common line, North 44
294	294	degrees 38 minutes 14 seconds West, a distance of 412.60 feet
295	295	(called North 45 degrees 00 minutes 00 seconds West) to a 5/8 inch
296	296	iron rod set for corner at an old occupied fence intersection point,
297	297	same being in the southwesterly line of the residue of said Tract 1,
298	298	same being in the northeasterly line of said called 943.659 acre
299	299	parcel, and same being in the southwesterly line of the tract herein
300	300	described;
301	301	THENCE, continuing with said occupied common line, North 44
302	302	degrees 55 minutes 54 seconds West, a distance of 809.93 feet
303	303	(called North 45 degrees 00 minutes 00 seconds West) to a 3/8 inch
304	304	iron rod found for corner, same being in the southwesterly line of
305	305	said Tract 1, same being in the northeasterly line of said called
306	306	943.659 acre parcel, and same being in the southwesterly occupied
307	307	line of the tract herein described;
308	308	THENCE, continuing with said occupied common line, North 44
309	309	degrees 52 minutes 24 seconds West, a distance of 415.58 feet
310	310	(called North 45 degrees 00 minutes 00 seconds West) to a 5/8 inch
311	311	iron rod set for corner at an old fence intersection , same being in
312	312	the southwesterly line of the residue of said Tract 1, same being in
313	313	the northeasterly line of said called 943.659 acre parcel, and same
314	314	being in the southwesterly line of the tract herein described;
315	315	THENCE, continuing with said occupied common line, North 44
316	316	degrees 26 minutes 41 seconds West, a distance of 282.25 feet
317	317	(called North 45 degrees 00 minutes 00 seconds West) to a 5/8 inch
318	318	iron rod set for corner on the old occupied line, same being in the
319	319	southwesterly line of the residue of said Tract 1, same being in the
320	320	northeasterly line of said called 943.659 acre parcel, same being
321	321	the most southerly corner of said Parcel "B" called 100.00 acre
322	322	parcel this day herein described, and same being the most westerly
323	323	corner of the tract herein described;
324	324	THENCE, departing said common line, and with the southeast
325	325	line of said Parcel "B" called 100.000 acre parcel this day herein
326	326	described, North 45 degrees 10 minutes 34 seconds East, a distance
327	327	of 2,240.13 feet to the POINT OF BEGINNING of the tract herein
328	328	described and containing 113.676 acres of land, more or less.
329	329	SECTION 3. (a) The legal notice of the intention to
330	330	introduce this Act, setting forth the general substance of this
331	331	Act, has been published as provided by law, and the notice and a
332	332	copy of this Act have been furnished to all persons, agencies,
333	333	officials, or entities to which they are required to be furnished
334	334	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
335	335	Government Code.
336	336	(b) The governor, one of the required recipients, has
337	337	submitted the notice and Act to the Texas Commission on
338	338	Environmental Quality.
339	339	(c) The Texas Commission on Environmental Quality has filed
340	340	its recommendations relating to this Act with the governor, the
341	341	lieutenant governor, and the speaker of the house of
342	342	representatives within the required time.
343	343	(d) All requirements of the constitution and laws of this
344	344	state and the rules and procedures of the legislature with respect
345	345	to the notice, introduction, and passage of this Act are fulfilled
346	346	and accomplished.
347	347	SECTION 4. (a) If this Act does not receive a two-thirds
348	348	vote of all the members elected to each house, Subchapter C, Chapter
349	349	7991A, Special District Local Laws Code, as added by Section 1 of
350	350	this Act, is amended by adding Section 7991A.0306 to read as
351	351	follows:
352	352	Sec. 7991A.0306. NO EMINENT DOMAIN POWER. The district may
353	353	not exercise the power of eminent domain.
354	354	(b) This section is not intended to be an expression of a
355	355	legislative interpretation of the requirements of Section 17(c),
356	356	Article I, Texas Constitution.
357	357	SECTION 5. This Act takes effect immediately if it receives
358	358	a vote of two-thirds of all the members elected to each house, as
359	359	provided by Section 39, Article III, Texas Constitution. If this
360	360	Act does not receive the vote necessary for immediate effect, this
361	361	Act takes effect September 1, 2023.
362	362	______________________________ ______________________________
363	363	President of the Senate Speaker of the House
364	364	I certify that H.B. No. 5349 was passed by the House on May 9,
365	365	2023, by the following vote: Yeas 108, Nays 34, 2 present, not
366	366	voting.
367	367	______________________________
368	368	Chief Clerk of the House
369	369	I certify that H.B. No. 5349 was passed by the Senate on May
370	370	21, 2023, by the following vote: Yeas 27, Nays 4.
371	371	______________________________
372	372	Secretary of the Senate
373	373	APPROVED: _____________________
374	374	Date
375	375	_____________________
376	376	Governor