Texas 2023 - 88th Regular

Texas House Bill HB5368 Compare Versions

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1	1	88R12954 ANG-F
2	2	By: Gerdes H.B. No. 5368
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the Open R Fresh Water Supply District of Caldwell
8	8	County; granting a limited power of eminent domain; providing
9	9	authority to issue bonds; providing authority to impose
10	10	assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 7994A to read as follows:
14	14	CHAPTER 7994A. OPEN R FRESH WATER SUPPLY DISTRICT OF CALDWELL
15	15	COUNTY
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 7994A.0101. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "Director" means a board member.
20	20	(3) "District" means the Open R Fresh Water Supply
21	21	District of Caldwell County.
22	22	Sec. 7994A.0102. NATURE OF DISTRICT. The district is a
23	23	municipal utility district created under Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 7994A.0103. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
26	26	(a) The district is created to serve a public purpose and benefit.
27	27	(b) The district is created to accomplish the purposes of:
28	28	(1) a municipal utility district as provided by
29	29	general law and Section 59, Article XVI, Texas Constitution; and
30	30	(2) Section 52, Article III, Texas Constitution, that
31	31	relate to the construction, acquisition, improvement, operation,
32	32	or maintenance of macadamized, graveled, or paved roads, or
33	33	improvements, including storm drainage, in aid of those roads.
34	34	Sec. 7994A.0104. DISTRICT TERRITORY. (a) The district is
35	35	composed of the territory described by Section 2 of the Act enacting
36	36	this chapter.
37	37	(b) The boundaries and field notes contained in Section 2 of
38	38	the Act enacting this chapter form a closure. A mistake made in the
39	39	field notes or in copying the field notes in the legislative process
40	40	does not affect the district's:
41	41	(1) organization, existence, or validity;
42	42	(2) right to issue any type of bond for the purposes
43	43	for which the district is created or to pay the principal of and
44	44	interest on a bond;
45	45	(3) right to impose a tax; or
46	46	(4) legality or operation.
47	47	SUBCHAPTER B. POWERS AND DUTIES
48	48	Sec. 7994A.0201. GENERAL POWERS AND DUTIES. The district
49	49	has the powers and duties necessary to accomplish the purposes for
50	50	which the district is created.
51	51	Sec. 7994A.0202. MUNICIPAL UTILITY DISTRICT POWERS AND
52	52	DUTIES. The district has the powers and duties provided by the
53	53	general law of this state, including Chapters 49 and 54, Water Code,
54	54	applicable to municipal utility districts created under Section 59,
55	55	Article XVI, Texas Constitution.
56	56	Sec. 7994A.0203. AUTHORITY FOR ROAD PROJECTS. Under
57	57	Section 52, Article III, Texas Constitution, the district may
58	58	design, acquire, construct, finance, issue bonds for, improve,
59	59	operate, maintain, and convey to this state, a county, or a
60	60	municipality for operation and maintenance macadamized, graveled,
61	61	or paved roads, or improvements, including storm drainage, and
62	62	landscaping, in aid of those roads.
63	63	Sec. 7994A.0204. ROAD STANDARDS AND REQUIREMENTS. (a) A
64	64	road project must meet all applicable construction standards,
65	65	zoning and subdivision requirements, and regulations of each
66	66	municipality in whose corporate limits or extraterritorial
67	67	jurisdiction the road project is located.
68	68	(b) If a road project is not located in the corporate limits
69	69	or extraterritorial jurisdiction of a municipality, the road
70	70	project must meet all applicable construction standards,
71	71	subdivision requirements, and regulations of each county in which
72	72	the road project is located.
73	73	(c) If the state will maintain and operate the road, the
74	74	Texas Transportation Commission must approve the plans and
75	75	specifications of the road project.
76	76	SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
77	77	Sec. 7994A.0301. ELECTIONS REGARDING TAXES OR BONDS. (a)
78	78	The district may issue, without an election, bonds and other
79	79	obligations secured by:
80	80	(1) revenue other than ad valorem taxes; or
81	81	(2) contract payments described by Section
82	82	7994A.0303.
83	83	(b) The district must hold an election in the manner
84	84	provided by Chapters 49 and 54, Water Code, to obtain voter approval
85	85	before the district may impose an ad valorem tax or issue bonds
86	86	payable from ad valorem taxes.
87	87	(c) The district may not issue bonds payable from ad valorem
88	88	taxes to finance a road project unless the issuance is approved by a
89	89	vote of a two-thirds majority of the district voters voting at an
90	90	election held for that purpose.
91	91	Sec. 7994A.0302. OPERATION AND MAINTENANCE TAX. (a) If
92	92	authorized at an election held under Section 7994A.0301, the
93	93	district may impose an operation and maintenance tax on taxable
94	94	property in the district in accordance with Section 49.107, Water
95	95	Code.
96	96	(b) The board shall determine the tax rate. The rate may not
97	97	exceed the rate approved at the election.
98	98	Sec. 7994A.0303. CONTRACT TAXES. (a) In accordance with
99	99	Section 49.108, Water Code, the district may impose a tax other than
100	100	an operation and maintenance tax and use the revenue derived from
101	101	the tax to make payments under a contract after the provisions of
102	102	the contract have been approved by a majority of the district voters
103	103	voting at an election held for that purpose.
104	104	(b) A contract approved by the district voters may contain a
105	105	provision stating that the contract may be modified or amended by
106	106	the board without further voter approval.
107	107	SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS
108	108	Sec. 7994A.0401. AUTHORITY TO ISSUE BONDS AND OTHER
109	109	OBLIGATIONS. The district may issue bonds or other obligations
110	110	payable wholly or partly from ad valorem taxes, impact fees,
111	111	revenue, contract payments, grants, or other district money, or any
112	112	combination of those sources, to pay for any authorized district
113	113	purpose.
114	114	Sec. 7994A.0402. TAXES FOR BONDS. At the time the district
115	115	issues bonds payable wholly or partly from ad valorem taxes, the
116	116	board shall provide for the annual imposition of a continuing
117	117	direct ad valorem tax, without limit as to rate or amount, while all
118	118	or part of the bonds are outstanding as required and in the manner
119	119	provided by Sections 54.601 and 54.602, Water Code.
120	120	Sec. 7994A.0403. BONDS FOR ROAD PROJECTS. At the time of
121	121	issuance, the total principal amount of bonds or other obligations
122	122	issued or incurred to finance road projects and payable from ad
123	123	valorem taxes may not exceed one-fourth of the assessed value of the
124	124	real property in the district.
125	125	SECTION 2. The Open R Fresh Water Supply District of
126	126	Caldwell County includes all the territory contained in the
127	127	following area:
128	128	BEING a 10.00 acre tract of land situated in the William Morrison
129	129	Survey, Abstract Number 187, Caldwell County, Texas, being all of
130	130	tract of land described in the deed to Michael M. Reynolds, recorded
131	131	in Volume 130, Page 887, Official Public Records of Caldwell
132	132	County, Texas, said 10.00 acres being more particularly described
133	133	as follows;
134	134	COMMENCING at a found 3/8-inch iron rod with cap stamped "RPLS 454r
135	135	for the northeast corner of a tract of land described in the deed to
136	136	Jacob K. Hohertz recorded in Instrument Number 2015-004255,
137	137	Official Public Records of Caldwell County, Texas;
138	138	THENCE North 04 degrees 07 minutes 28 seconds West, a distance of
139	139	303.33 feet to a set 5/8-inch iron rod with cap stamped "DUNAWAY
140	140	ASSOC" for the POINT OF BEGINNING;
141	141	THENCE North 10 degrees 55 minutes 01 second West, a distance of
142	142	660.00 feet to a found 1/2-inch iron rod with cap stamped "UDG
143	143	#2433";
144	144	THENCE North 79 degrees 04 minutes 59 seconds East, a distance of
145	145	660.00 feet to a found 1/2-inch iron rod with cap stamped "UDG
146	146	#2433";
147	147	THENCE South 10 degrees 55 minutes 01 second East, a distance of
148	148	660.00 feet to set 5/8-inch iron rod with cap stamped "DUNAWAY
149	149	ASSOC";
150	150	THENCE South 79 degrees 04 minutes 59 seconds West, a distance of
151	151	660.00 feet to the POINT OF BEGINNING. CONTAINING a computed area of
152	152	10.00 acres or 435,600 square feet of land, more or less.
153	153	METES AND BOUNDS (OVERALL)
154	154	BEING a 1,278.22 acre tract of land situated in the William Morrison
155	155	Survey, Abstract Number 187, the Ira Brisbee Survey, Abstract
156	156	No. 53 and the William Morrison Survey, Abstract Number 200,
157	157	Caldwell County, Texas, being all of tracts of land described as
158	158	Tracts 1, 2, 3, 4, 5, 7, 9, 10 and 11 in the deed to Open R. Family
159	159	Partnership, Ltd., recorded in Volume 536, Page 157, Official
160	160	Public Records of Caldwell County, Texas, and all of a tract of land
161	161	described in the deed to Michael M. Reynolds, recorded in Volume
162	162	130, Page 887, Official Public Records of Caldwell County, Texas,
163	163	said 1,278.22 acres being more particularly described as follows;
164	164	BEGINNING at a set 5/8-inch iron rod with cap stamped "DUNAWAY
165	165	ASSOC" at the intersection of the west right-of-way line of F.M.
166	166	2001 (80 foot wide) and the north right-of-way line of Bob White
167	167	Road (CR 232)
168	168	(undetermined width right-of-way);
169	169	THENCE South 80 degrees 13 minutes 21 seconds West, along the north
170	170	right-of-way line of Bob White Road, a distance of 3,378.55 feet to
171	171	a found 1/2-inch iron rod with cap (illegible) for the common south
172	172	corner of said Open R. Family Partnership, Ltd. tract and a tract of
173	173	land described in the deed to Jacob K. Hohertz recorded in
174	174	Instrument Number 2015-004255, Official Public Records of Caldwell
175	175	County, Texas;
176	176	THENCE North 09 degrees 31 minutes 05 seconds West, departing the
177	177	north right-of-way line of Bob White Road, along the east line of
178	178	said to Jacob K. Hohertz tract, a distance of 975.62 feet to a found
179	179	3/8- inch iron rod with cap stamped "RPLS 454?) for the northeast
180	180	corner of said to Jacob K. Hohertz tract;
181	181	THENCE South 78 degrees 45 minutes 59 seconds West, along the north
182	182	line of said to Jacob K. Hohertz tract, at a distance of 519.41 feet
183	183	passing a found 1/2-inch iron rod for the common north line of said
184	184	to Jacob K. Hohertz tract and a tract of land described in the deed
185	185	to Bob White Ranch Partners, LP, recorded in Instrument Number
186	186	2020-005485, Official Public Records of Caldwell County, Texas,
187	187	continuing along the north line of said Bob White Ranch Partners, LP
188	188	tract, in all a total distance of 5,150.26 feet to a found 1/2-inch
189	189	iron with cap stamped "UDG #2433" in the east right-of-way line of
190	190	F.M. 2720 (80 foot wide) being the northwest corner of said Bob
191	191	White Ranch Partners, LP tract;
192	192	THENCE North 41 degrees 18 minutes 01 second West, along the east
193	193	right-of-way line of F.M. 2720, a distance of 2,311.60 feet to a
194	194	found 1/2-inch iron rod with cap stamped "UDG #2433" for the
195	195	southwest corner of a tract of land described in the deed to Ranch
196	196	Road Bollinger, LLC, recorded in Instrument Number 2021-009404,
197	197	Official Public Records of Caldwell County, Texas;
198	198	THENCE North 59 degrees 03 minutes 35 seconds East, departing the
199	199	east right-of-way line of F.M. 2720 and along the south line of said
200	200	Ranch Road Bollinger, LLC tract, a distance of 2,317.52 feet to a
201	201	found stone mound for the southeast corner of said Ranch Road
202	202	Bollinger, LLC tract;
203	203	THENCE North 10 degrees 38 minutes 30 seconds West, along the east
204	204	line of said Ranch Road Bollinger, LLC tract, a distance of 1,714.09
205	205	feet to a found 1/2-inch iron with cap stamped "UDG #2433" for the
206	206	common east corner of said Ranch Road Bollinger, LLC tract and a
207	207	tract of land described in the deed to Marshall G. Varner recorded
208	208	in Instrument Number 2021-004273, Official Public Records of
209	209	Caldwell County, Texas;
210	210	THENCE North 10 degrees 19 minutes 42 seconds West, along the east
211	211	line of said Marshall G. Varner tract, a distance of 1,082.15 feet
212	212	to a found mag nail in concrete around a fence post for the
213	213	southwest corner of a tract of land described in the deed to Uhland
214	214	High Ground Group, LLC recorded in Instrument Number 2021-007504,
215	215	Official Public Records of Caldwell County, Texas;
216	216	THENCE North 79 degrees 20 minutes 07 seconds East, departing the
217	217	east line of said Marshall G. Varner tract and with a south line of
218	218	said Uhland High Ground Group, LLC tract, a distance of 3,748.76
219	219	feet to a found 3-inch metal fence post, for the southernmost
220	220	southeast corner of said Uhland High Ground Group, LLC tract;
221	221	THENCE North 10 degrees 28 minutes 44 seconds West, along an east
222	222	line of said Uhland High Ground Group, LLC tract, a distance of
223	223	2,039.59 feet to a point from which a found 1/2-iron rod bears South
224	224	78 degrees 38 minutes 59 seconds East, a distance of 0.39 feet, for
225	225	an interior ell corner of said Uhland High Ground Group, LLC tract;
226	226	THENCE North 74 degrees 44 minutes 07 seconds East, along a south
227	227	line of said Uhland High Ground Group, LLC tract, a distance of
228	228	3,318.07 feet to a set 5/8-inch iron rod with cap stamped "DUNAWAY
229	229	ASSOC" in the west right-of-way line of F.M. 2001 for the southeast
230	230	corner of said Uhland High Ground Group, LLC tract;
231	231	THENCE South 10 degrees 19 minutes 38 seconds East, along the west
232	232	right-of-way line of F.M. 2001, a distance of 803.75 feet to a set
233	233	5/8-inch iron rod with cap stamped "DUNAWAY ASSOC" for the
234	234	beginning of a circular curve to the left having a radius of
235	235	2,937.38 feet and whose chord bears South 20 degrees 39 minutes 23
236	236	seconds East, a chord distance of 1,033.38 feet;
237	237	THENCE Southeasterly, along said circular curve to the left and
238	238	along the west right-of-way line of F.M. 2001, through a central
239	239	angle of 20 degrees 15 minutes 44 seconds, a distance of 1,038.78
240	240	feet to a found broken concrete TXDOT monument at the end of said
241	241	curve;
242	242	THENCE South 30 degrees 34 minutes 49 seconds East, along the west
243	243	right-of-way line of F.M. 2001, a distance of 344.36 feet to a found
244	244	1/2-iron rod with cap stamped "UDG #2433" for the beginning of a
245	245	circular curve to the right having a radius of 2,796.29 feet and
246	246	whose chord bears South 20 degrees 25 minutes 48 seconds East, a
247	247	chord distance of 999.16 feet;
248	248	THENCE Southeasterly, along said circular curve to the right and
249	249	along the west right-of-way line of F.M. 2001, through a central
250	250	angle of 20 degrees 35 minutes 00 seconds, a distance of 1,004.55
251	251	feet to a found 1/2-iron rod with cap stamped "UDG #2433" at the end
252	252	of said curve;
253	253	THENCE South 10 degrees 14 minutes 42 seconds East, along the west
254	254	right-of-way line of F.M. 2001, a distance of 150.11 feet to a found
255	255	5/8-iron rod (bent) for the northeast corner of a tract of land
256	256	described in the deed to Dora Cunningham recorded in Instrument
257	257	Number 140027, Official Public Records of Caldwell County, Texas;
258	258	THENCE South 80 degrees 22 minutes 10 seconds West, departing the
259	259	west right-of-way line of F.M. 2001 and along the north line of said
260	260	Dora Cunningham tract, a distance of 674.37 feet to a point from
261	261	which a found 5/8-iron rod bears South 08 degrees 38 minutes 30
262	262	seconds West, a distance of 0.35 feet for the northwest corner of
263	263	said Dora Cunningham tract;
264	264	THENCE South 10 degrees 11 minutes 05 seconds East, along the west
265	265	line of said Dora Cunningham tract, at a deed distance of 216.09
266	266	feet passing the common west corner of said Dora Cunningham tract
267	267	and a tract of land described in the deed to Allison Joyce and Jimmy
268	268	S. Moore Jr., recorded in Instrument Number 2019-003313, Official
269	269	Public Records of Caldwell County, Texas, continuing along the west
270	270	line of said Allison Joyce and Jimmy S. Moore Jr. tract, in all a
271	271	total distance of 926.23 feet to a found 1/2-iron rod with cap
272	272	stamped "UDG #2433" for the southwest corner of said Allison Joyce
273	273	and Jimmy S. Moore Jr. tract;
274	274	THENCE South 72 degrees 31 minutes 41 seconds East, along the south
275	275	line of said Allison Joyce and Jimmy S. Moore Jr. tract, a distance
276	276	of 740.92 feet to a found 5/8-inch iron rod in the west right-of-way
277	277	line of F.M. 2001 for the southeast corner of said Allison Joyce and
278	278	Jimmy S. Moore Jr. tract;
279	279	THENCE South 10 degrees 14 minutes 26 seconds East, along the west
280	280	right-of-way line of F.M. 2001, a distance of 1,103.31 feet to a
281	281	found 1/2-iron rod with cap stamped "UDG #2433";
282	282	THENCE North 79 degrees 45 minutes 34 seconds East, along the west
283	283	right-of-way line of F.M. 2001, a distance of 20.00 feet to a set
284	284	5/8-inch iron rod with cap stamped "DUNAWAY ASSOC";
285	285	THENCE South 10 degrees 14 minutes 26 seconds East, along the west
286	286	right-of-way line of F.M. 2001, a distance of 984.80 feet to a point
287	287	from which a found broken concrete TXDOT monument bears North 32
288	288	degrees 05 minutes 26 seconds East, a distance of 1.36 feet;
289	289	THENCE South 10 degrees 49 minutes 27 seconds East, along the west
290	290	right-of-way line of F.M. 2001, a distance of 2,223.17 feet to a
291	291	point from which a found broken concrete TXDOT monument bears North
292	292	32 degrees 05 minutes 26 seconds East, a distance of 1.36 feet;
293	293	THENCE South 12 degrees 38 minutes 33 seconds East, along the west
294	294	right-of-way line of F.M. 2001, a distance of 15.80 feet to the
295	295	POINT OF BEGINNING.
296	296	CONTAINING a computed area of 1,278.22 acres or 55,679,090 square
297	297	feet of land, more or less.
298	298	SECTION 3. (a) All governmental and proprietary actions
299	299	and proceedings of the Open R Fresh Water Supply District of
300	300	Caldwell County taken before the effective date of this Act are
301	301	validated, ratified, and confirmed in all respects as of the dates
302	302	on which they occurred.
303	303	(b) This section does not apply to any matter that on the
304	304	effective date of this Act:
305	305	(1) is involved in litigation if the litigation
306	306	ultimately results in the matter being held invalid by a final court
307	307	judgment; or
308	308	(2) has been held invalid by a final court judgment.
309	309	SECTION 4. (a) The legal notice of the intention to
310	310	introduce this Act, setting forth the general substance of this
311	311	Act, has been published as provided by law, and the notice and a
312	312	copy of this Act have been furnished to all persons, agencies,
313	313	officials, or entities to which they are required to be furnished
314	314	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
315	315	Government Code.
316	316	(b) The governor, one of the required recipients, has
317	317	submitted the notice and Act to the Texas Commission on
318	318	Environmental Quality.
319	319	(c) The Texas Commission on Environmental Quality has filed
320	320	its recommendations relating to this Act with the governor, the
321	321	lieutenant governor, and the speaker of the house of
322	322	representatives within the required time.
323	323	(d) All requirements of the constitution and laws of this
324	324	state and the rules and procedures of the legislature with respect
325	325	to the notice, introduction, and passage of this Act are fulfilled
326	326	and accomplished.
327	327	SECTION 5. (a) If this Act does not receive a two-thirds
328	328	vote of all the members elected to each house, Subchapter B, Chapter
329	329	7994A, Special District Local Laws Code, as added by Section 1 of
330	330	this Act, is amended by adding Section 7994A.0205 to read as
331	331	follows:
332	332	Sec. 7994A.0205. NO EMINENT DOMAIN POWER. The district may
333	333	not exercise the power of eminent domain.
334	334	(b) This section is not intended to be an expression of a
335	335	legislative interpretation of the requirements of Section 17(c),
336	336	Article I, Texas Constitution.
337	337	SECTION 6. This Act takes effect immediately if it receives
338	338	a vote of two-thirds of all the members elected to each house, as
339	339	provided by Section 39, Article III, Texas Constitution. If this
340	340	Act does not receive the vote necessary for immediate effect, this
341	341	Act takes effect September 1, 2023.