Texas 2023 - 88th Regular

Texas House Bill HB5362 Compare Versions

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1	1	H.B. No. 5362
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Waller County Municipal Utility
6	6	District No. 57; 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 8007A to read as follows:
12	12	CHAPTER 8007A. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 57
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 8007A.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. 57.
21	21	Sec. 8007A.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. 8007A.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. 8007A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section
30	30	8007A.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. 8007A.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. 8007A.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. 8007A.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 8007A.0202, directors
61	61	serve staggered four-year terms.
62	62	Sec. 8007A.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 8007A.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 8007A.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 8007A.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. 8007A.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. 8007A.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. 8007A.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. 8007A.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. 8007A.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	Sec. 8007A.0306. DIVISION OF DISTRICT. (a) The board, on
126	126	its own motion or on receipt of a petition signed by the owner or
127	127	owners of a majority of the assessed value of the real property in
128	128	the district, may adopt an order dividing the district.
129	129	(b) An order dividing a district may create one or more new
130	130	districts and may provide for the continuation of the district.
131	131	(c) An order dividing the district shall:
132	132	(1) name any new district;
133	133	(2) include the metes and bounds description of the
134	134	territory of each of the districts;
135	135	(3) appoint temporary directors for any new district;
136	136	and
137	137	(4) provide for the division of assets and liabilities
138	138	between the districts.
139	139	(d) The board may adopt an order dividing the district
140	140	before or after the date the board holds an election to confirm the
141	141	district's creation.
142	142	(e) The district may be divided only if the district:
143	143	(1) has never issued any bonds; and
144	144	(2) is not imposing ad valorem taxes.
145	145	(f) A new district created by the division of the district
146	146	may not, at the time the new district is created, contain any land
147	147	outside the area described by Section 2 of the Act enacting this
148	148	chapter.
149	149	(g) On or before the 30th day after the date of adoption of
150	150	an order dividing the district, the district shall file the order
151	151	with the commission and record the order in the real property
152	152	records of each county in which the district is located.
153	153	(h) This chapter applies to any new district created by the
154	154	division of the district, and a new district has all the powers and
155	155	duties of the district.
156	156	(i) A new district created by the division of the district
157	157	shall hold a confirmation and directors' election.
158	158	(j) If the creation of the new district is confirmed, the
159	159	new district shall provide the election date and results to the
160	160	commission.
161	161	(k) Any new district created by the division of the district
162	162	must hold an election as required by this chapter to obtain voter
163	163	approval before the district may impose a maintenance tax or issue
164	164	bonds payable wholly or partly from ad valorem taxes.
165	165	(l) The district may continue to rely on confirmation,
166	166	directors', bond, or tax elections held prior to the division.
167	167	(m) Municipal consent to the creation of the district and to
168	168	the inclusion of land in the district acts as municipal consent to
169	169	the creation of any new district created by the division of the
170	170	district and to the inclusion of land in the new district.
171	171	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
172	172	Sec. 8007A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
173	173	The district may issue, without an election, bonds and other
174	174	obligations secured by:
175	175	(1) revenue other than ad valorem taxes; or
176	176	(2) contract payments described by
177	177	Section 8007A.0403.
178	178	(b) The district must hold an election in the manner
179	179	provided by Chapters 49 and 54, Water Code, to obtain voter approval
180	180	before the district may impose an ad valorem tax or issue bonds
181	181	payable from ad valorem taxes.
182	182	(c) The district may not issue bonds payable from ad valorem
183	183	taxes to finance a road project unless the issuance is approved by a
184	184	vote of a two-thirds majority of the district voters voting at an
185	185	election held for that purpose.
186	186	Sec. 8007A.0402. OPERATION AND MAINTENANCE TAX. (a) If
187	187	authorized at an election held under Section 8007A.0401, the
188	188	district may impose an operation and maintenance tax on taxable
189	189	property in the district in accordance with Section 49.107, Water
190	190	Code.
191	191	(b) The board shall determine the tax rate. The rate may not
192	192	exceed the rate approved at the election.
193	193	Sec. 8007A.0403. CONTRACT TAXES. (a) In accordance with
194	194	Section 49.108, Water Code, the district may impose a tax other than
195	195	an operation and maintenance tax and use the revenue derived from
196	196	the tax to make payments under a contract after the provisions of
197	197	the contract have been approved by a majority of the district voters
198	198	voting at an election held for that purpose.
199	199	(b) A contract approved by the district voters may contain a
200	200	provision stating that the contract may be modified or amended by
201	201	the board without further voter approval.
202	202	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
203	203	Sec. 8007A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
204	204	OBLIGATIONS. The district may issue bonds or other obligations
205	205	payable wholly or partly from ad valorem taxes, impact fees,
206	206	revenue, contract payments, grants, or other district money, or any
207	207	combination of those sources, to pay for any authorized district
208	208	purpose.
209	209	Sec. 8007A.0502. TAXES FOR BONDS. At the time the district
210	210	issues bonds payable wholly or partly from ad valorem taxes, the
211	211	board shall provide for the annual imposition of a continuing
212	212	direct ad valorem tax, without limit as to rate or amount, while all
213	213	or part of the bonds are outstanding as required and in the manner
214	214	provided by Sections 54.601 and 54.602, Water Code.
215	215	Sec. 8007A.0503. BONDS FOR ROAD PROJECTS. At the time of
216	216	issuance, the total principal amount of bonds or other obligations
217	217	issued or incurred to finance road projects and payable from ad
218	218	valorem taxes may not exceed one-fourth of the assessed value of the
219	219	real property in the district.
220	220	SECTION 2. The Waller County Municipal Utility District
221	221	No. 57 initially includes all the territory contained in the
222	222	following area:
223	223	FIELD NOTES FOR A 643.1285 ACRE TRACT OF LAND IN THE T. S.
224	224	REESE SURVEY, ABSTRACT 331, WALLER COUNTY, TEXAS, BEING THAT
225	225	CERTAIN CALLED 320 ACRE TRACT (EAST 1/2) AND THAT CERTAIN CALLED 320
226	226	ACRE TRACT (WEST 1/2) DESCRIBED IN DEED RECORDED IN VOLUME 371, PAGE
227	227	875, DEED RECORDS, WALLER COUNTY, TEXAS, DISTANCES ARE GEODETIC,
228	228	BEARINGS ARE GRID, COORDINATES ARE TEXAS STATE PLANE SOUTH CENTRAL
229	229	ZONE, NAD-27, BASED UPON GPS OBSERVATION MADE ON FEBRUARY 23, 2004,
230	230	PROCESSED TO NGS CORS DATA AND CONVERTED TO NAD-27 USING BLUE MARBLE
231	231	GEOGRAPHIC CALCULATOR V.4. SCALE FACTOR USED IS 0.99989622.
232	232	BEGINNING at a cotton picker spindle set for the northeast
233	233	corner of the T. S. Reese Survey, Abstract 331, same being the
234	234	northwest corner of the adjoining H. & T.C. Railroad Company
235	235	Survey, Section 99, Abstract 167, and being in the south line of the
236	236	adjoining H. & T.C. Railroad Company Survey, Section 79, Abstract
237	237	157, said point also being the northeast corner of said called 320
238	238	acre tract (East 1/2), the northwest corner of an adjoining called
239	239	640 acre tract described in deed recorded in Volume 371, Page 875,
240	240	Deed Records, Waller County, Texas, and the northwest corner of an
241	241	adjoining 646.8295 acre tract (Tract 3) surveyed by the undersigned
242	242	this date, being in the south line of an adjoining called 98.72 acre
243	243	tract described in deed recorded in Volume 0621, Page 210, Official
244	244	Records, Waller County, Texas, and being the northeast corner and
245	245	Place of Beginning of the herein described 643.1285 acre tract of
246	246	land, said point being in Morton Road and having coordinates of
247	247	X=2,980,000 870.52, Y=733,805.59;
248	248	THENCE South 01 degree 59 minutes 55 seconds East along the
249	249	common line of the T. S. Reese Survey, Abstract 331, and said
250	250	adjoining H. & T.C. Railroad Company Survey, Section 99, Abstract
251	251	167, the common line of said called 320 acre tract (East 1/2) and
252	252	said adjoining called 640 acre tract, and the common line of the
253	253	herein described 643.1285 acre tract and said adjoining 646.8295
254	254	acre tract (Tract 3), as located in Shell Plant Road, 5,306.04 feet
255	255	to a 1/2 inch iron pipe with cap marked "Kalkomey Surveying" found
256	256	on said line for the southeast corner of the herein described tract
257	257	and the southeast corner of said called 320 acre tract (East 1/2),
258	258	same being the southwest corner of said adjoining called 640 acre
259	259	tract, the southwest corner of said adjoining 646.8295 acre tract
260	260	(Tract 3), the northwest corner of an adjoining called 640 acre
261	261	tract described in deed recorded in Volume 371, Page 875, Deed
262	262	Records, Waller County, Texas, the northwest corner of an adjoining
263	263	671.451 acre tract surveyed by the undersigned this date, and the
264	264	northeast corner of an adjoining called Northeast % of Section 77,
265	265	described in deed recorded in Volume 442, Page 928, Deed Records,
266	266	Waller County, Texas, said point also being the southeast corner of
267	267	said T. S. Reese Survey, Abstract 331, southwest corner of said
268	268	adjoining H. & T.C. Railroad Company Survey, Section 99, Abstract
269	269	167, the northwest corner of the adjoining J. G. Bennett Survey,
270	270	Abstract 291, and the northeast corner of the adjoining H. & T.C.
271	271	Railroad Company Survey, Section 77, Abstract 156;
272	272	THENCE South 88 degrees 04 minutes 24 seconds West along the
273	273	common line of the T. S. Reese Survey, Abstract 331, and said
274	274	adjoining H. & T.C. Railroad Company Survey, Section 77, Abstract
275	275	156, same being the common line of the herein described tract and
276	276	said adjoining called Northeast of Section 77, at 2,640.26 feet
277	277	pass a 3/4 inch iron rod found on said line for the northwest corner
278	278	of said adjoining called Northeast 1/4 of Section 77, same being the
279	279	northeast corner of an adjoining called 160.104 acre tract (Tract
280	280	1) described in deed recorded in Volume 475, Page 502, Deed Records,
281	281	Waller County, Texas, and continuing for a total distance of
282	282	5,280.46 feet to a % inch iron pipe with cap marked "Kalkomey
283	283	Surveying" set for the southwest corner of the herein described
284	284	tract and the southwest corner of said called 320 acre tract (West
285	285	1/2), same being the northwest corner of said adjoining called
286	286	160.104 acre tract (Tract 1), and being in the east line of an
287	287	adjoining called 46.7119 acre tract (Tract 6) described in deed
288	288	recorded in Volume 475, Page 502, Deed Records, Waller County,
289	289	Texas, said point also being the southwest corner of the T. S. Reese
290	290	Survey, Abstract 331, the northwest corner of said adjoining H. &
291	291	T.C. Railroad Company Survey, Section 77, Abstract 156, the
292	292	northeast corner of the adjoining T. S. Reese Survey, Abstract 329,
293	293	and the southeast corner of the adjoining H. & T.C. Railroad Company
294	294	Survey, Section 71, Abstract 153;
295	295	THENCE North 02 degrees 01 minute 19 seconds West along the
296	296	common line of the T. S. Reese Survey, Abstract 331, and said
297	297	adjoining H. & T.C. Railroad Company Survey, Section 71, Abstract
298	298	153, being the west line of the herein described tract and the west
299	299	line of said called 320 acre tract (West 1/2), same being the east
300	300	line of said adjoining called 46.7119 acre tract (Tract 6), and
301	301	along the east line of an adjoining called 157.6620 acre tract
302	302	(Tract 5) described in deed recorded in Volume 475, Page 502, Deed
303	303	Records, Waller County, Texas, at 2,643.71 feet pass a 1/2 inch iron
304	304	pipe with cap marked "Kalkomey Surveying" set on said line for the
305	305	northeast corner of said adjoining called 157.6620 acre tract
306	306	(Tract 5), same being the southeast corner of an adjoining called 80
307	307	acre tract described in deed recorded in Volume 47, Page 109, Deed
308	308	Records, Waller County, Texas, at 3,961.25 feet pass a 1/2 inch iron
309	309	pipe with cap marked "Kalkomey Surveying" set on said line for the
310	310	northeast corner of said adjoining called 80 acre tract, same being
311	311	the southeast corner of an adjoining called 39 acre tract described
312	312	in deed recorded in Volume 371, Page 875, Deed Records, Waller
313	313	County, Texas, same being the southeast corner of an adjoining
314	314	40.7498 acre tract (Tract 1) surveyed by the undersigned this date,
315	315	at 5,242.89 feet pass a 1/2 inch iron pipe with cap marked "Kalkomey
316	316	Surveying" set on said line for reference, at 5,262.89 feet pass a
317	317	1/2 inch iron pipe with cap marked "Kalkomey Surveying" set on said
318	318	line for reference, and continuing for total distance of 5,302.89
319	319	feet to a 1/2 inch iron rod found for the northwest corner of the
320	320	herein described tract and the northwest corner of said called 320
321	321	acre tract (West 1/2), same being the northeast corner of said
322	322	adjoining called 39 acre tract, the northeast corner of said
323	323	adjoining 40.7498 acre tract, the southeast corner of an adjoining
324	324	called 1.8471 acre tract (Exhibit "C"), and the southwest corner of
325	325	an adjoining called 3,590 acre tract described in deed recorded in
326	326	Volume 166, Page 494, Deed Records, Waller County, Texas, said
327	327	point also being the northwest corner of the T. S. Reese Survey,
328	328	Abstract 331, the northeast corner of said adjoining H. & T.C.
329	329	Railroad Company Survey, Section 71, Abstract 153, the southeast
330	330	corner of the adjoining T. S. Reese Survey, Abstract 328, and the
331	331	southwest corner of the aforementioned adjoining H. & T.C. Railroad
332	332	Company Survey, Section 79, Abstract 157, being in Morton Road and
333	333	having coordinates of X=2,975,591.74, Y=733,624.86;
334	334	THENCE North 88 degrees 02 minutes 21 seconds East along the
335	335	common line of the T. S. Reese Survey, Abstract 331, and said
336	336	adjoining H. & T.C. Railroad Company Survey, Section 79, Abstract
337	337	157, being the north line the herein described tract and the north
338	338	line of said called 320 acre tract (West 1/2), same being the south
339	339	line of said adjoining called 3,590 acre tract, and along the south
340	340	line of an adjoining called 6.027 acre tract described in deed
341	341	recorded in Volume 397, Page 65, Deed Records, Waller County,
342	342	Texas, as located in Morton Road, 5,282.42 feet to the Place of
343	343	Beginning and containing 643.1285 acres of land.
344	344	SECTION 3. (a) The legal notice of the intention to
345	345	introduce this Act, setting forth the general substance of this
346	346	Act, has been published as provided by law, and the notice and a
347	347	copy of this Act have been furnished to all persons, agencies,
348	348	officials, or entities to which they are required to be furnished
349	349	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
350	350	Government Code.
351	351	(b) The governor, one of the required recipients, has
352	352	submitted the notice and Act to the Texas Commission on
353	353	Environmental Quality.
354	354	(c) The Texas Commission on Environmental Quality has filed
355	355	its recommendations relating to this Act with the governor, the
356	356	lieutenant governor, and the speaker of the house of
357	357	representatives within the required time.
358	358	(d) All requirements of the constitution and laws of this
359	359	state and the rules and procedures of the legislature with respect
360	360	to the notice, introduction, and passage of this Act are fulfilled
361	361	and accomplished.
362	362	SECTION 4. (a) If this Act does not receive a two-thirds
363	363	vote of all the members elected to each house, Subchapter C, Chapter
364	364	8007A, Special District Local Laws Code, as added by Section 1 of
365	365	this Act, is amended by adding Section 8007A.0307 to read as
366	366	follows:
367	367	Sec. 8007A.0307. NO EMINENT DOMAIN POWER. The district may
368	368	not exercise the power of eminent domain.
369	369	(b) This section is not intended to be an expression of a
370	370	legislative interpretation of the requirements of Section 17(c),
371	371	Article I, Texas Constitution.
372	372	SECTION 5. This Act takes effect immediately if it receives
373	373	a vote of two-thirds of all the members elected to each house, as
374	374	provided by Section 39, Article III, Texas Constitution. If this
375	375	Act does not receive the vote necessary for immediate effect, this
376	376	Act takes effect September 1, 2023.
377	377	______________________________ ______________________________
378	378	President of the Senate Speaker of the House
379	379	I certify that H.B. No. 5362 was passed by the House on May 2,
380	380	2023, by the following vote: Yeas 105, Nays 40, 2 present, not
381	381	voting.
382	382	______________________________
383	383	Chief Clerk of the House
384	384	I certify that H.B. No. 5362 was passed by the Senate on May
385	385	17, 2023, by the following vote: Yeas 26, Nays 4, 1 present, not
386	386	voting.
387	387	______________________________
388	388	Secretary of the Senate
389	389	APPROVED: _____________________
390	390	Date
391	391	_____________________
392	392	Governor