Texas 2023 - 88th Regular

Texas House Bill HB5357 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	H.B. No. 5357
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Liberty Hill Municipal Utility
6	6	District; granting a limited power of eminent domain; providing
7	7	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 7947A to read as follows:
12	12	CHAPTER 7947A. LIBERTY HILL MUNICIPAL UTILITY DISTRICT
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 7947A.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 Liberty Hill Municipal
20	20	Utility District.
21	21	Sec. 7947A.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. 7947A.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. 7947A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section
30	30	7947A.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. 7947A.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. 7947A.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. 7947A.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 7947A.0202, directors
61	61	serve staggered four-year terms.
62	62	Sec. 7947A.0202. TEMPORARY DIRECTORS. (a) On or after the
63	63	effective date of the Act enacting this chapter, the owner or owners
64	64	of a majority of the assessed value of the real property in the
65	65	district may submit a petition to the commission requesting that
66	66	the commission appoint as temporary directors the five persons
67	67	named in the petition. The commission shall appoint as temporary
68	68	directors the five persons named in the petition.
69	69	(b) Temporary directors serve until the earlier of:
70	70	(1) the date permanent directors are elected under
71	71	Section 7947A.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 7947A.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 7947A.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. 7947A.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. 7947A.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. 7947A.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. 7947A.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. 7947A.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. 7947A.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	7947A.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. 7947A.0402. OPERATION AND MAINTENANCE TAX. (a) If
141	141	authorized at an election held under Section 7947A.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. 7947A.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. 7947A.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. 7947A.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. 7947A.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 Liberty Hill Municipal Utility District
175	175	initially includes all the territory contained in the following
176	176	area:
177	177	BEING ALL OF THAT CERTAIN 223.942 ACRE TRACT OR PARCEL OF LAND OUT
178	178	OF THE HENRY FIELDS SURVEY, ABSTRACT NUMBER 233, THE JOHN INGRAM
179	179	SURVEY, ABSTRACT NUMBER 335, AND THE JOSEPH M. GLASSCOCK SURVEY,
180	180	ABSTRACT NUMBER 254, SITUATED IN WILLIAMSON COUNTY, TEXAS, SAID
181	181	TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS BEING ALL OF THE
182	182	REMAINDER OF A CALLED 99.57 ACRE TRACT OF LAND (TRACT NO. 2)
183	183	DESCRIBED IN DOCUMENT NUMBER 199961486 OF THE OFFICIAL PUBLIC
184	184	RECORDS OF WILLIAMSON COUNTY, TEXAS (O.P.R.W.C.TX.), AND CONVEYED
185	185	TO JSB HOLDINGS, LTD., IN DOCUMENT NUMBER 2002103000
186	186	(O.P.R.W.C.TX.), ALL OF A CALLED 126.90 ACRE TRACT OF LAND (TRACT
187	187	NO. 1) DESCRIBED IN DOCUMENT NUMBER 199961485 (O.P.R.W.C.TX.) AND
188	188	CONVEYED TO JSB HOLDINGS, LTD., IN SAID DOCUMENT NUMBER 2002103000
189	189	(O.P.R.W.C.TX.), AND ALL OF CALLED 7.957 ACRE TRACT OF LAND
190	190	CONVEYED TO JSB HOLDINGS, LTD., DESCRIBED IN DOCUMENT NUMBER
191	191	2014076250 (O.P.R.W.C.TX.), SAID 223.942 ACRE TRACT OF LAND MORE
192	192	FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
193	193	BEGINNING, at a calculated point, for a southeast corner of said
194	194	99.57 acre tract, being a point on the north boundary line of a
195	195	called 6.829 acre tract of land conveyed to Williamson County,
196	196	Texas described, in Document Number 2014076251 (O.P.R.W.C.TX.),
197	197	being the southwest corner of a called 3.854 acre tract land
198	198	conveyed to Williamson County, Texas, described in Document
199	199	2018029559 (O.P.R.W.C.TX.), for the southernmost southeastern
200	200	corner and the POINT OF BEGINNING of the herein described tract,
201	201	THENCE, with the common boundary line of said 99.57 acre tract, said
202	202	6.829 acre tract, said 7.957 acre tract and the remainder of a
203	203	called 1011.979 acre tract of land conveyed to Williamson County,
204	204	Texas described in Document Number 2008070649 (O.P.R.W.C.TX.), the
205	205	following five (5) courses and distances, numbered 1 through 5,
206	206	1. S87°54'56"W, a distance of 86.03 feet to a calculated
207	207	point at the point of curvature, for a curve to the left,
208	208	2. with said curve to the left, having a radius of 394.91
209	209	feet, an arc length of 273.10 feet, and whose chord bears
210	210	S68°06'15"W, a distance of 267.69 feet to a calculated point,
211	211	3. S48°17'34"W, a distance of 257.84 feet to a calculated
212	212	point,
213	213	4. S69°27'13"W, a distance of 581.45 feet to a calculated
214	214	point, and
215	215	5. S68°34'42"W, a distance of 1,227.75 feet to a calculated
216	216	point, being the southwest corner of said 7.957 acre tract, and
217	217	being an interior corner on the east line of said 1011.979 acre
218	218	tract, for the southwest corner of the herein described tract,
219	219	THENCE, with the common boundary line of said 7.957 acre tract and
220	220	said 1011.979 acre tract, the following two (2) courses and
221	221	distances, numbered 1 and 2,
222	222	1. N20°44'11"W, a distance of 3,174.64 feet to a calculated
223	223	point, and
224	224	2. N09°49'34"E, a distance of 212.61 feet to a calculated
225	225	point, being the northernmost corner of said 7.957 acre tract,
226	226	being an eastern corner of said 1011.979 acre tract and being a
227	227	point on a western boundary line of said 126.90 acre tract,
228	228	THENCE, with the common boundary line of said 126.90 acre tract and
229	229	said 1011.979 acre tract, the following seventeen (17) courses and
230	230	distances, numbered 1 through 17,
231	231	1. N20°44'11"W, a distance of 173.16 feet to a calculated
232	232	point,
233	233	2. N09°26'41"W, a distance of 174.29 feet to a calculated
234	234	point,
235	235	3. N30°49'11"W, a distance of 132.71 feet to a calculated
236	236	point, and to the called centerline of Collier Branch
237	237	4. N43°55'49"E, a distance of 131.59 feet to a calculated
238	238	point,
239	239	5. N17°22'11"W, a distance of 200.92 feet to a calculated
240	240	point,
241	241	6. N32°01'49"E, a distance of 112.41 feet to a calculated
242	242	point,
243	243	7. N75°08'19"E, a distance of 90.33 feet to a calculated
244	244	point,
245	245	8. S19°32'41"E, a distance of 103.93 feet to a calculated
246	246	point,
247	247	9. N87°25'19"E, a distance of 194.49 feet to a calculated
248	248	point,
249	249	10. S06°27'49"W, a distance of 137.28 feet to a calculated
250	250	point,
251	251	11. N79°32'49"E, a distance of 74.00 feet to a calculated
252	252	point,
253	253	12. N09°42'19"E, a distance of 131.77 feet to a calculated
254	254	point,
255	255	13. N46°22'11"W, a distance of 132.18 feet to a calculated
256	256	point,
257	257	14. N47°20'11"W, a distance of 106.72 feet to a calculated
258	258	point,
259	259	15. N16°44'19"E, a distance of 14.25 feet to a calculated
260	260	point,
261	261	16. S78°05'41"E, a distance of 176.98 feet to a calculated
262	262	point, and
263	263	17. N31°38'19"E, a distance of 167.87 feet to a calculated
264	264	point, being the northernmost corner of said 126.90 acre tract,
265	265	being a northeastern corner of said 1011.979 acre tract, being a
266	266	point on a southwestern boundary line of a called 10.028 acre tract
267	267	of land conveyed to Victoria Lynn Honeycutt described in Document
268	268	Number 2014004238 (O.P.R.W.C.TX.) and being the called centerline
269	269	of South San Gabriel River, for the northernmost corner of the
270	270	herein described tract,
271	271	THENCE, with the common boundary line of said 126.90 acre tract,
272	272	said 10.028 acre tract, a called 11.158 acre tract of land conveyed
273	273	to Frank Donahue described in Volume 642, Page 367 of the Deed
274	274	Records of Williamson County, Texas (D.R.W.C.TX.), and said
275	275	centerline of said South San Gabriel River, the following two (2)
276	276	courses and distances, numbered 1 and 2,
277	277	1. S57°42'41"E, a distance of 454.52 feet to a calculated
278	278	point, and
279	279	2. S69°15'11"E, a distance of 89.76 feet to a calculated
280	280	point, being a northern corner of said 126.90 acre tract, being the
281	281	southeast corner of said 11.158 acre tract, being a point on the
282	282	centerline of said South San Gabriel River, being the southwest
283	283	corner of a called 12.118 acre tract of land conveyed to Frank
284	284	Donahue described in Volume 642, Page 379 (D.R.W.C.TX.),and being a
285	285	western corner of a called 27.284 acre tract of land conveyed to
286	286	Robert B. Reese described in Volume 997, Page 344 of the Official
287	287	Records of Williamson County, Texas (O.R.W.C.TX.),
288	288	THENCE, with the common boundary line of said 126.90 acre tract and
289	289	said 27.284 acre tract, the following four (4) courses and
290	290	distances, numbered 1 through 4,
291	291	1. S17°37'11"E, a distance of 172.69 feet to a calculated
292	292	point,
293	293	2. S45°19'41"E, a distance of 353.08 feet to a calculated
294	294	point,
295	295	3. N85°42'19"E, a distance of 784.80 feet to a calculated
296	296	point, and
297	297	4. N82°09'49"E, a distance of 565.55 feet to a calculated
298	298	point, being a northeastern corner of said 126.90 acre tract, being
299	299	the southeast corner of said 27.284 acre tract and being the
300	300	southwest corner of a called 10.00 acre tract of land conveyed to
301	301	Action Propane, Inc., described in Volume 1227, Page 650
302	302	(O.R.W.C.TX.),
303	303	THENCE, with the common boundary line of said 126.90 acre tract and
304	304	said 10.00 acre tract, N73°24'19"E, a distance of 184.21 feet to a
305	305	calculated point, being a northeastern corner of said 126.90 acre
306	306	tract, being a point on the southeast boundary line of said 10.00
307	307	acre tract and being the northwest corner of Lot 2, Brinson
308	308	Subdivision, a subdivision recorded in Cabinet DD, Slide 240 of the
309	309	Plat Records of Williamson County, Texas (P.R.W.C.TX.),
310	310	THENCE, with the common boundary line of said 126.90 acres and said
311	311	Lot 2 and County Road 279 (R.O.W. Varies), the following three (3)
312	312	courses and distances, numbered 1 through 3,
313	313	1. S16°52'41"E, a distance of 419.42 feet to a calculated
314	314	point,
315	315	2. S14°49'41"E, a distance of 269.02 feet to a calculated
316	316	point, and
317	317	3. N66°56'19"E, a distance of 518.35 feet to a calculated
318	318	point, being the northeast corner of said 126.90 acre tract and
319	319	being a corner on the western right-of-way line of said County Road
320	320	279, for the northeast corner of the herein described tract,
321	321	THENCE, with the common boundary line of said 126.90 acre tract,
322	322	said County Road 279 , S02°11'41"E, a distance of 754.59 feet to a
323	323	calculated point, being the southeast corner of said 126.90 acre
324	324	tract, being also the northeast corner of said 3.854 acre tract and
325	325	being a point on a western right-of-way line of said County Road
326	326	279,
327	327	THENCE, with the common boundary line of said 126.90 acre tract and
328	328	said 3.854 acre tract, S69°03'18"W, a distance of 91.58 feet to a
329	329	calculated point, being a point on a southeastern boundary line of
330	330	said 126.90 acre tract, being the northwest corner of said 3.854
331	331	acre tract and being a northeast corner of said 99.57 acre tract,
332	332	THENCE, with the common boundary line of said 99.57 acre tract and
333	333	said 3.854 acre tract the following, five (5) courses and
334	334	distances, numbered 1 through 5,
335	335	1. S04°18'38"W, a distance of 53.25 feet to a calculated
336	336	point,
337	337	2. S01°24'00"E, a distance of 600.84 feet to a calculated
338	338	point,
339	339	3. S01°27'45"W,a distance of 200.25 feet to a calculated
340	340	point,
341	341	4. S01°24'00"E, a distance of 663.46 feet to a calculated
342	342	point, and
343	343	5. S43°16'20"W, a distance of 60.92 feet to the POINT OF
344	344	BEGINNING and containing 223.942 acres of land.
345	345	SECTION 3. (a) The legal notice of the intention to
346	346	introduce this Act, setting forth the general substance of this
347	347	Act, has been published as provided by law, and the notice and a
348	348	copy of this Act have been furnished to all persons, agencies,
349	349	officials, or entities to which they are required to be furnished
350	350	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
351	351	Government Code.
352	352	(b) The governor, one of the required recipients, has
353	353	submitted the notice and Act to the Texas Commission on
354	354	Environmental Quality.
355	355	(c) The Texas Commission on Environmental Quality has filed
356	356	its recommendations relating to this Act with the governor, the
357	357	lieutenant governor, and the speaker of the house of
358	358	representatives within the required time.
359	359	(d) All requirements of the constitution and laws of this
360	360	state and the rules and procedures of the legislature with respect
361	361	to the notice, introduction, and passage of this Act are fulfilled
362	362	and accomplished.
363	363	SECTION 4. (a) If this Act does not receive a two-thirds
364	364	vote of all the members elected to each house, Subchapter C, Chapter
365	365	7947A, Special District Local Laws Code, as added by Section 1 of
366	366	this Act, is amended by adding Section 7947A.0306 to read as
367	367	follows:
368	368	Sec. 7947A.0306. NO EMINENT DOMAIN POWER. The district may
369	369	not exercise the power of eminent domain.
370	370	(b) This section is not intended to be an expression of a
371	371	legislative interpretation of the requirements of Section 17(c),
372	372	Article I, Texas Constitution.
373	373	SECTION 5. This Act takes effect immediately if it receives
374	374	a vote of two-thirds of all the members elected to each house, as
375	375	provided by Section 39, Article III, Texas Constitution. If this
376	376	Act does not receive the vote necessary for immediate effect, this
377	377	Act takes effect September 1, 2023.
378	378	______________________________ ______________________________
379	379	President of the Senate Speaker of the House
380	380	I certify that H.B. No. 5357 was passed by the House on May 9,
381	381	2023, by the following vote: Yeas 108, Nays 34, 2 present, not
382	382	voting.
383	383	______________________________
384	384	Chief Clerk of the House
385	385	I certify that H.B. No. 5357 was passed by the Senate on May
386	386	21, 2023, by the following vote: Yeas 26, Nays 4, 1 present, not
387	387	voting.
388	388	______________________________
389	389	Secretary of the Senate
390	390	APPROVED: _____________________
391	391	Date
392	392	_____________________
393	393	Governor