Texas 2023 - 88th Regular

Texas House Bill HB5350 Compare Versions

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1	1	H.B. No. 5350
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Waller County Municipal Utility
6	6	District No. 48; 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 7993A to read as follows:
12	12	CHAPTER 7993A. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 48
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 7993A.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. 48.
21	21	Sec. 7993A.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. 7993A.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. 7993A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section
30	30	7993A.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. 7993A.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. 7993A.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. 7993A.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 7993A.0202, directors
61	61	serve staggered four-year terms.
62	62	Sec. 7993A.0202. TEMPORARY DIRECTORS. (a) The temporary
63	63	board consists of:
64	64	(1) Andrew Faubion;
65	65	(2) Stephen Hallmark;
66	66	(3) Dave Ciarella;
67	67	(4) Ben Agee; and
68	68	(5) Kelly Prewitt.
69	69	(b) Temporary directors serve until the earlier of:
70	70	(1) the date permanent directors are elected under
71	71	Section 7993A.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 7993A.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 7993A.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. 7993A.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. 7993A.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. 7993A.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. 7993A.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. 7993A.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. 7993A.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	7993A.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. 7993A.0402. OPERATION AND MAINTENANCE TAX. (a) If
141	141	authorized at an election held under Section 7993A.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. 7993A.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. 7993A.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. 7993A.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. 7993A.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. 48 initially includes all the territory contained in the
176	176	following area:
177	177	BEING a 556.1 acre (24,222,967 square foot) tract of land
178	178	situated in the H. & T.C. R.R. Co. Survey, Section 98, Abstract
179	179	No. 286, the H. & T.C. R.R. Co. Survey, Section 81, Abstract
180	180	No. 158, and the H. & T.C. R.R. Co. Survey, Section 82, Abstract
181	181	No. 290 of Waller County, Texas and being all of a called 556.084
182	182	acre tract of land as described in an instrument to Freeland
183	183	(Houston) ASLI X, LLC recorded under Waller County Clerk's File
184	184	Number (W.C.C.F. No.) 2115429, said 556.1 acre tract of land
185	185	described by metes and bounds as follows, with all bearings based on
186	186	the Texas Coordinate System of 1983 (NAD83), South Central Zone
187	187	4204 and referenced to monuments found along the perimeter of said
188	188	556.084 acre tract as cited herein:
189	189	BEGINNING at the Northeast corner of said 556.084 acre tract
190	190	and the herein described tract, same being the Southeast corner of a
191	191	called 569.5433 acre tract of land as described in an instrument to
192	192	Weiss Land and Development, LLC recorded under W.C.C.F.
193	193	No. 1907427, lying on the West right-of-way line of F.M. 2855 (100
194	194	feet wide as occupied), from which a found 5/8-inch iron rod with
195	195	cap stamped "SURVCON" bears S 81°34' W, a distance of 0.34 feet and a
196	196	found 5/8-inch iron rod with cap stamped "THOMAS 5736" bears N
197	197	02°14' W, a distance of 7.52 feet;
198	198	THENCE, S 02°00'51" E, along and with the East line of said
199	199	556.084 acre tract and the West right-of-way line of said F.M. 2855,
200	200	a distance of 1,407.43 feet to the most Easterly Southeast corner of
201	201	the herein described tract and said 556.084 acre tract, same being
202	202	the Northeast corner a called 160 acre tract of land as described in
203	203	an instrument to Dollins Farm Partnership recorded under Vol. 1154,
204	204	Pg. 184 of the Harris County Deed Records (H.C.D.R.), from which a
205	205	found 3/4-inch iron rod bears N 59°21' W, a distance of 0.31 feet and
206	206	a found 5/8-inch iron rod with cap stamped "JONES & CARTER" bears N
207	207	09°51' W, a distance of 7.52 feet;
208	208	THENCE, S 87°58'30" W, along and with a Southerly line of said
209	209	556.084 acre tract and the North line of said 160 acre tract, at a
210	210	distance of 2,624.18 feet pass the Northwest corner of said 160 acre
211	211	tract and the Northeast corner of a called 318.743 acre tract of
212	212	land described as Tract 7 in an instrument to Hilcorp Energy I, LP
213	213	recorded under W.C.C.F. No. 1909037, continuing along and with the
214	214	a Southerly line of said 556.084 acre tract and the North line of
215	215	said 318.743 acre tract, a total distance of 5,249.03 feet to an
216	216	interior corner of the herein described tract and said 556.084 acre
217	217	tract, same being the Northwest corner of said 318.743 acre tract,
218	218	from which a found 2-inch iron pipe with cap bears N 70°18' W, 0.64
219	219	feet;
220	220	THENCE, S 02°00'26" E, along and with the West line of said
221	221	318.743 acre tract and an Easterly line of said 556.084 acre tract,
222	222	a distance of 5,283.54 feet to a found 1/2-inch iron rod with
223	223	aluminum cap found for the most Southerly Southeast corner of the
224	224	herein described tract and said 556.084 acre tract, same being the
225	225	Southwest corner of said 318.743 acre tract, the Northwest corner
226	226	of a called 79.794 acre tract described as Tract 8 in an instrument
227	227	to Hilcorp Energy I, LP recorded under W.C.C.F. No. 1909468, and
228	228	the Northeast corner of a called 258.270 acre tract of land
229	229	described as Tract I in an instrument to Freeland (Houston) ASLI X,
230	230	LLC recorded under W.C.C.F. No. 2115430, from which a found
231	231	1/2-inch iron rod bears N 37°22' E, a distance of 5.54 feet;
232	232	THENCE, S 87°59'33" W, along and with the South line of said
233	233	556.084 acre tract and the North line of said 258.270 acre tract, a
234	234	distance of 1,717.00 feet to a 5/8-inch iron rod found for the
235	235	Southwest corner of the herein described tract and said 556.084
236	236	acre tract, same being the Northwest corner of said 258.270 acre
237	237	tract, lying on the West line of a called 706.172 acre tract of land
238	238	described as Tract I in an instrument to City of Houston, Texas
239	239	recorded under Vol. 397, Pg. 51 and Vol. 397, Pg. 65 of the
240	240	W.C.D.R.;
241	241	THENCE, N 16°19'33" W, along and with the West line of said
242	242	556.084 acre tract and the East line of said 706.172 acre tract, a
243	243	distance of 6,794.62 feet to a 5/8-inch iron rod found the Northwest
244	244	corner of the herein described tract and said 556.084 acre tract,
245	245	same being the Southwest corner of said 569.5433 acre tract, from
246	246	which a found 5/8-inch iron rod with cap stamped "THOMAS 5736" bears
247	247	N 15°07' W, a distance of 7.65 feet;
248	248	THENCE, along and with the North line of said 556.084 acre
249	249	tract and a Southerly line of said 569.5433 acre tract, the
250	250	following courses and distances:
251	251	N 87°59'34" E, a distance of 3,397.43 feet to an interior
252	252	corner of the herein described tract and said 556.084 acre tract,
253	253	same being a Southerly corner of said 569.5433 acre tract, from
254	254	which a found 5/8-inch iron rod with cap stamped "JONES & CARTER"
255	255	bears N 20°37' E, a distance of 0.33 feet and a found 5/8-inch iron
256	256	rod with cap stamped "THOMAS 5736" bears N 14°34' W, a distance of
257	257	7.71 feet;
258	258	N 02°00'26" W, a distance of 107.43 feet along and with
259	259	the East line of said 569.5433 acre tract and the West line of said
260	260	556.084 acre tract to a Northerly corner of the herein described
261	261	tract and said 556.084 acre tract, same being an interior corner of
262	262	said 569.5433 acre tract, from which a found 5/8-inch iron rod with
263	263	cap bears S 75°15' W, a distance of 0.27 feet and a found 5/8-inch
264	264	iron rod with cap bears N 14°21' W, a distance of 7.67 feet;
265	265	N 87°58'30" E, a distance of 5,248.84 feet along and with
266	266	the South line of said 569.5433 acre tract and the North line of
267	267	said 556.084 acre tract to the POINT OF BEGINNING and containing
268	268	556.1 acres (24,222,967 square feet) of land.
269	269	SECTION 3. (a) The legal notice of the intention to
270	270	introduce this Act, setting forth the general substance of this
271	271	Act, has been published as provided by law, and the notice and a
272	272	copy of this Act have been furnished to all persons, agencies,
273	273	officials, or entities to which they are required to be furnished
274	274	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
275	275	Government Code.
276	276	(b) The governor, one of the required recipients, has
277	277	submitted the notice and Act to the Texas Commission on
278	278	Environmental Quality.
279	279	(c) The Texas Commission on Environmental Quality has filed
280	280	its recommendations relating to this Act with the governor, the
281	281	lieutenant governor, and the speaker of the house of
282	282	representatives within the required time.
283	283	(d) All requirements of the constitution and laws of this
284	284	state and the rules and procedures of the legislature with respect
285	285	to the notice, introduction, and passage of this Act are fulfilled
286	286	and accomplished.
287	287	SECTION 4. (a) If this Act does not receive a two-thirds
288	288	vote of all the members elected to each house, Subchapter C, Chapter
289	289	7993A, Special District Local Laws Code, as added by Section 1 of
290	290	this Act, is amended by adding Section 7993A.0306 to read as
291	291	follows:
292	292	Sec. 7993A.0306. NO EMINENT DOMAIN POWER. The district may
293	293	not exercise the power of eminent domain.
294	294	(b) This section is not intended to be an expression of a
295	295	legislative interpretation of the requirements of Section 17(c),
296	296	Article I, Texas Constitution.
297	297	SECTION 5. This Act takes effect immediately if it receives
298	298	a vote of two-thirds of all the members elected to each house, as
299	299	provided by Section 39, Article III, Texas Constitution. If this
300	300	Act does not receive the vote necessary for immediate effect, this
301	301	Act takes effect September 1, 2023.
302	302	______________________________ ______________________________
303	303	President of the Senate Speaker of the House
304	304	I certify that H.B. No. 5350 was passed by the House on May 2,
305	305	2023, by the following vote: Yeas 106, Nays 39, 2 present, not
306	306	voting.
307	307	______________________________
308	308	Chief Clerk of the House
309	309	I certify that H.B. No. 5350 was passed by the Senate on May
310	310	17, 2023, by the following vote: Yeas 27, Nays 4.
311	311	______________________________
312	312	Secretary of the Senate
313	313	APPROVED: _____________________
314	314	Date
315	315	_____________________
316	316	Governor