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Texas House Bill HB5379

Texas 2023 - 88th Regular

Texas House Bill HB5379 Compare Versions

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11 H.B. No. 5379
22
33
44 AN ACT
55 relating to the creation of the Williamson and Bell Counties
66 Municipal Utility District No. 1; granting a limited power of
77 eminent domain; providing authority to issue bonds; providing
88 authority to impose assessments, fees, and taxes.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1111 Code, is amended by adding Chapter 7972A to read as follows:
1212 CHAPTER 7972A. WILLIAMSON AND BELL COUNTIES MUNICIPAL UTILITY
1313 DISTRICT NO. 1
1414 SUBCHAPTER A. GENERAL PROVISIONS
1515 Sec. 7972A.0101. DEFINITIONS. In this chapter:
1616 (1) "Board" means the district's board of directors.
1717 (2) "Commission" means the Texas Commission on
1818 Environmental Quality.
1919 (3) "Director" means a board member.
2020 (4) "District" means Williamson and Bell Counties
2121 Municipal Utility District No. 1.
2222 Sec. 7972A.0102. NATURE OF DISTRICT. The district is a
2323 municipal utility district created under Section 59, Article XVI,
2424 Texas Constitution.
2525 Sec. 7972A.0103. CONFIRMATION AND DIRECTORS' ELECTION
2626 REQUIRED. The temporary directors shall hold an election to
2727 confirm the creation of the district and to elect five permanent
2828 directors as provided by Section 49.102, Water Code.
2929 Sec. 7972A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
3030 temporary directors may not hold an election under Section
3131 7972A.0103 until each municipality in whose corporate limits or
3232 extraterritorial jurisdiction the district is located has
3333 consented by ordinance or resolution to the creation of the
3434 district and to the inclusion of land in the district.
3535 Sec. 7972A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3636 (a) The district is created to serve a public purpose and benefit.
3737 (b) The district is created to accomplish the purposes of:
3838 (1) a municipal utility district as provided by
3939 general law and Section 59, Article XVI, Texas Constitution; and
4040 (2) Section 52, Article III, Texas Constitution, that
4141 relate to the construction, acquisition, improvement, operation,
4242 or maintenance of macadamized, graveled, or paved roads, or
4343 improvements, including storm drainage, in aid of those roads.
4444 Sec. 7972A.0106. INITIAL DISTRICT TERRITORY. (a) The
4545 district is initially composed of the territory described by
4646 Section 2 of the Act enacting this chapter.
4747 (b) The boundaries and field notes contained in Section 2 of
4848 the Act enacting this chapter form a closure. A mistake made in the
4949 field notes or in copying the field notes in the legislative process
5050 does not affect the district's:
5151 (1) organization, existence, or validity;
5252 (2) right to issue any type of bond for the purposes
5353 for which the district is created or to pay the principal of and
5454 interest on a bond;
5555 (3) right to impose a tax; or
5656 (4) legality or operation.
5757 SUBCHAPTER B. BOARD OF DIRECTORS
5858 Sec. 7972A.0201. GOVERNING BODY; TERMS. (a) The district
5959 is governed by a board of five elected directors.
6060 (b) Except as provided by Section 7972A.0202, directors
6161 serve staggered four-year terms.
6262 Sec. 7972A.0202. TEMPORARY DIRECTORS. (a) The temporary
6363 board consists of:
6464 (1) Jamison Stewart;
6565 (2) Ron Lusk;
6666 (3) Paul Otte;
6767 (4) Megan Turnipseed; and
6868 (5) Roland Fagerberg.
6969 (b) Temporary directors serve until the earlier of:
7070 (1) the date permanent directors are elected under
7171 Section 7972A.0103; or
7272 (2) the fourth anniversary of the effective date of
7373 the Act enacting this chapter.
7474 (c) If permanent directors have not been elected under
7575 Section 7972A.0103 and the terms of the temporary directors have
7676 expired, successor temporary directors shall be appointed or
7777 reappointed as provided by Subsection (d) to serve terms that
7878 expire on the earlier of:
7979 (1) the date permanent directors are elected under
8080 Section 7972A.0103; or
8181 (2) the fourth anniversary of the date of the
8282 appointment or reappointment.
8383 (d) If Subsection (c) applies, the owner or owners of a
8484 majority of the assessed value of the real property in the district
8585 may submit a petition to the commission requesting that the
8686 commission appoint as successor temporary directors the five
8787 persons named in the petition. The commission shall appoint as
8888 successor temporary directors the five persons named in the
8989 petition.
9090 SUBCHAPTER C. POWERS AND DUTIES
9191 Sec. 7972A.0301. GENERAL POWERS AND DUTIES. The district
9292 has the powers and duties necessary to accomplish the purposes for
9393 which the district is created.
9494 Sec. 7972A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
9595 DUTIES. The district has the powers and duties provided by the
9696 general law of this state, including Chapters 49 and 54, Water Code,
9797 applicable to municipal utility districts created under Section 59,
9898 Article XVI, Texas Constitution.
9999 Sec. 7972A.0303. AUTHORITY FOR ROAD PROJECTS. Under
100100 Section 52, Article III, Texas Constitution, the district may
101101 design, acquire, construct, finance, issue bonds for, improve,
102102 operate, maintain, and convey to this state, a county, or a
103103 municipality for operation and maintenance macadamized, graveled,
104104 or paved roads, or improvements, including storm drainage, in aid
105105 of those roads.
106106 Sec. 7972A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107107 road project must meet all applicable construction standards,
108108 zoning and subdivision requirements, and regulations of each
109109 municipality in whose corporate limits or extraterritorial
110110 jurisdiction the road project is located.
111111 (b) If a road project is not located in the corporate limits
112112 or extraterritorial jurisdiction of a municipality, the road
113113 project must meet all applicable construction standards,
114114 subdivision requirements, and regulations of each county in which
115115 the road project is located.
116116 (c) If the state will maintain and operate the road, the
117117 Texas Transportation Commission must approve the plans and
118118 specifications of the road project.
119119 Sec. 7972A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120120 ORDINANCE OR RESOLUTION. The district shall comply with all
121121 applicable requirements of any ordinance or resolution that is
122122 adopted under Section 54.016 or 54.0165, Water Code, and that
123123 consents to the creation of the district or to the inclusion of land
124124 in the district.
125125 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126126 Sec. 7972A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
127127 The district may issue, without an election, bonds and other
128128 obligations secured by:
129129 (1) revenue other than ad valorem taxes; or
130130 (2) contract payments described by Section
131131 7972A.0403.
132132 (b) The district must hold an election in the manner
133133 provided by Chapters 49 and 54, Water Code, to obtain voter approval
134134 before the district may impose an ad valorem tax or issue bonds
135135 payable from ad valorem taxes.
136136 (c) The district may not issue bonds payable from ad valorem
137137 taxes to finance a road project unless the issuance is approved by a
138138 vote of a two-thirds majority of the district voters voting at an
139139 election held for that purpose.
140140 Sec. 7972A.0402. OPERATION AND MAINTENANCE TAX. (a) If
141141 authorized at an election held under Section 7972A.0401, the
142142 district may impose an operation and maintenance tax on taxable
143143 property in the district in accordance with Section 49.107, Water
144144 Code.
145145 (b) The board shall determine the tax rate. The rate may not
146146 exceed the rate approved at the election.
147147 Sec. 7972A.0403. CONTRACT TAXES. (a) In accordance with
148148 Section 49.108, Water Code, the district may impose a tax other than
149149 an operation and maintenance tax and use the revenue derived from
150150 the tax to make payments under a contract after the provisions of
151151 the contract have been approved by a majority of the district voters
152152 voting at an election held for that purpose.
153153 (b) A contract approved by the district voters may contain a
154154 provision stating that the contract may be modified or amended by
155155 the board without further voter approval.
156156 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
157157 Sec. 7972A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
158158 OBLIGATIONS. The district may issue bonds or other obligations
159159 payable wholly or partly from ad valorem taxes, impact fees,
160160 revenue, contract payments, grants, or other district money, or any
161161 combination of those sources, to pay for any authorized district
162162 purpose.
163163 Sec. 7972A.0502. TAXES FOR BONDS. At the time the district
164164 issues bonds payable wholly or partly from ad valorem taxes, the
165165 board shall provide for the annual imposition of a continuing
166166 direct ad valorem tax, without limit as to rate or amount, while all
167167 or part of the bonds are outstanding as required and in the manner
168168 provided by Sections 54.601 and 54.602, Water Code.
169169 Sec. 7972A.0503. BONDS FOR ROAD PROJECTS. At the time of
170170 issuance, the total principal amount of bonds or other obligations
171171 issued or incurred to finance road projects and payable from ad
172172 valorem taxes may not exceed one-fourth of the assessed value of the
173173 real property in the district.
174174 SECTION 2. The Williamson and Bell Counties Municipal
175175 Utility District No. 1 initially includes all the territory
176176 contained in the following area:
177177 355.8 ACRES OF LAND LOCATED IN THE ELISHA DAVIS SURVEY 23,
178178 ABSTRACT 172, WILLIAMSON COUNTY, TEXAS, AND THE ELISHA DAVIS SURVEY
179179 23, ABSTRACT 244, BELL COUNTY TEXAS, COMPRISED OF THAT CALLED
180180 134.83 ACRE TRACT DESCRIBED IN DOCUMENT 2008000104, THAT CALLED
181181 110.51 ACRE TRACT DESCRIBED IN DOCUMENT 2008000103, AND THAT CALLED
182182 110.51 ACRE TRACT DESCRIBED IN DOCUMENT 2020077242 ALL OF THE
183183 OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID 355.8
184184 ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
185185 BEGINNING, AT A FOUND 1” IRON PIPE ON THE NORTH RIGHT-OF-WAY
186186 LINE OF COUNTY ROAD 307, THE SOUTHEAST CORNER OF SAID 110.51 ACRE
187187 TRACT DESCRIBED IN DOCUMENT 2020077242, AND THE SOUTHWEST CORNER OF
188188 A CALLED 114.33 ACRE TRACT DESCRIBED IN DOCUMENT 9641312 OF THE
189189 OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS;
190190 THENCE, S 67°50'15" W, WITH THE COMMON LINE OF SAID 110.51
191191 ACRE TRACT DESCRIBED IN DOCUMENT 2020077242 AND SAID COUNTY ROAD
192192 307, A DISTANCE OF 781.06 FEET TO A FOUND 1/2” IRON ROD WITH CAP
193193 MARKED “RPLS 5784”;
194194 THENCE, S 50°10'30" W, WITH THE COMMON LINE OF SAID 110.51
195195 ACRE TRACT DESCRIBED IN DOCUMENT 2020077242 AND SAID COUNTY ROAD
196196 307, AT A DISTANCE OF 308.92 FEET PASSING A FOUND 1/2” IRON ROD WITH
197197 CAP MARKED “RPLS 5784” AT THE SOUTHWEST CORNER OF SAID 110.51 ACRE
198198 TRACT DESCRIBED IN DOCUMENT 2020077242 AND THE SOUTHEAST CORNER OF
199199 SAID 110.51 ACRE TRACT DESCRIBED IN DOCUMENT 2008000103, CONTINUING
200200 WITH THE COMMON LINE OF SAID COUNTY ROAD 307 AND SAID 110.51 ACRE
201201 TRACT DESCRIBED IN DOCUMENT 2008000103, A TOTAL DISTANCE OF 632.18
202202 FEET TO A FOUND COTTON SPINDLE;
203203 THENCE, S 49°58'30" W, WITH THE COMMON LINE OF SAID 110.51
204204 ACRE TRACT DESCRIBED IN DOCUMENT 2008000103 AND SAID COUNTY ROAD
205205 307, A DISTANCE OF 748.19 FEET TO A FOUND 1” SQUARE IRON PIPE AT THE
206206 SOUTHWEST CORNER OF SAID 110.51 ACRE TRACT DESCRIBED IN DOCUMENT
207207 2008000103, AND THE EAST LINE OF A CALLED 464.1 ACRE TRACT DESCRIBED
208208 IN VOLUME 365, PAGE 115 OF THE DEED RECORDS OF WILLIAMSON COUNTY,
209209 TEXAS;
210210 THENCE, WITH THE COMMON LINES OF SAID 464.1 ACRE TRACT AND
211211 SAID 110.51 ACRE TRACT DESCRIBED IN DOCUMENT 2008000103, THE
212212 FOLLOWING BEARINGS AND DISTANCES:
213213 N 21°33'15" W, A DISTANCE OF 272.82 FEET TO A FOUND 1/2” IRON
214214 ROD WITH CAP MARKED “RPLS 5784;
215215 S 68°36'45" W, A DISTANCE OF 47.23 FEET TO A FOUND 5/8” IRON
216216 ROD;
217217 N 22°16'30" W, AT A DISTANCE OF 4362.66 FEET PASSING THE
218218 NORTHWEST CORNER OF SAID 110.51 ACRE TRACT DESCRIBED IN DOCUMENT
219219 2008000103 AND THE SOUTHWEST CORNER OF SAID 134.83 ACRE TRACT,
220220 CONTINUING WITH THE COMMON LINES OF SAID 464.1 ACRE TRACT AND SAID
221221 134.83 ACRE TRACT, A TOTAL DISTANCE OF 4414.09 FEET TO A SET 1/2”
222222 IRON ROD WITH “CUDE” CAP;
223223 THENCE, N 21°49'30" W, WITH THE COMMON LINES OF SAID 464.1
224224 ACRE TRACT AND SAID 134.83 ACRE TRACT, A DISTANCE OF 59.24 FEET TO A
225225 SET 1/2” IRON ROD WITH “CUDE” CAP;
226226 THENCE, N 22°28'45" W, WITH THE COMMON LINES OF SAID 464.1
227227 ACRE TRACT AND SAID 134.83 ACRE TRACT, A DISTANCE OF 2643.38 FEET TO
228228 A SET 1/2” IRON ROD WITH “CUDE” CAP AT THE NORTHWEST CORNER OF SAID
229229 134.83 ACRE TRACT, ON THE SOUTH LINE OF A CALLED 767 ACRE TRACT
230230 DESCRIBED IN VOLUME 365, PAGE 115 OF THE DEED RECORDS OF WILLIAMSON
231231 COUNTY, TEXAS AND THE NORTHEAST CORNER OF SAID 464.1 ACRE TRACT;
232232 THENCE, N 67°04'15" E, WITH THE COMMON LINE OF SAID 134.83
233233 ACRE TRACT AND SAID 767 ACRE TRACT, A DISTANCE OF 890.64 FEET TO A
234234 FOUND NAIL ON CEDAR POST AT THE COMMON CORNER OF SAID 767 ACRE TRACT
235235 AND A 415.66 ACRE TRACT DESCRIBED IN VOLUME 798, PAGE 146 OF THE
236236 DEED RECORDS OF BELL COUNTY, TEXAS, AN ANGLE POINT ON THE NORTH LINE
237237 OF SAID 134.83 ACRE TRACT;
238238 THENCE, N 68°25'45" E, WITH THE COMMON LINE OF SAID 134.83
239239 ACRE TRACT AND SAID 415.66 ACRE TRACT, A DISTANCE OF 1335.71 FEET TO
240240 A FOUND 1” SQUARE IRON PIPE AT THE NORTHEAST CORNER OF SAID 134.83
241241 ACRE TRACT AND THE NORTHWEST CORNER OF SAID 114.33 ACRE TRACT;
242242 THENCE, S 21°42'45" E, WITH THE COMMON LINE OF SAID 134.83
243243 ACRE TRACT AND SAID 114.33 ACRE TRACT, A DISTANCE OF 2336.96 FEET TO
244244 A FOUND 1/2” IRON ROD WITH CAP MARKED “RPLS 5784”;
245245 THENCE, S 25°45'46" E, WITH THE COMMON LINE OF SAID 134.83
246246 ACRE TRACT AND SAID 114.33 ACRE TRACT, AT A DISTANCE OF 42.61 FEET
247247 PASSING THE SOUTHEAST CORNER OF SAID 134.83 ACRE TRACT AND THE
248248 NORTHEAST CORNER OF SAID 110.51 ACRE TRACT DESCRIBED IN DOCUMENT
249249 2020077242, AND CONTINUING WITH THE COMMON LINE OF SAID 110.51 ACRE
250250 TRACT DESCRIBED IN DOCUMENT 2020077242 AND SAID 114.33 ACRE TRACT,
251251 A TOTAL DISTANCE OF 157.87 FEET TO A SET 1/2” IRON ROD WITH “CUDE”
252252 CAP;
253253 THENCE, S 20°18'23" E, WITH THE COMMON LINE OF SAID 110.51
254254 ACRE TRACT DESCRIBED IN DOCUMENT 2020077242 AND SAID 114.33 ACRE
255255 TRACT, A DISTANCE OF 552.12 FEET TO A FOUND COTTON SPINDLE;
256256 THENCE, S 21°37'15" E, WITH THE COMMON LINE OF SAID 110.51
257257 ACRE TRACT DESCRIBED IN DOCUMENT 2020077242 AND SAID 114.33 ACRE
258258 TRACT, A DISTANCE OF 3920.82 FEET TO THE POINT OF BEGINNING AND
259259 CONTAINING 355.8 ACRES OF LAND, MORE OR LESS.
260260 SECTION 3. (a) The legal notice of the intention to
261261 introduce this Act, setting forth the general substance of this
262262 Act, has been published as provided by law, and the notice and a
263263 copy of this Act have been furnished to all persons, agencies,
264264 officials, or entities to which they are required to be furnished
265265 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
266266 Government Code.
267267 (b) The governor, one of the required recipients, has
268268 submitted the notice and Act to the Texas Commission on
269269 Environmental Quality.
270270 (c) The Texas Commission on Environmental Quality has filed
271271 its recommendations relating to this Act with the governor, the
272272 lieutenant governor, and the speaker of the house of
273273 representatives within the required time.
274274 (d) All requirements of the constitution and laws of this
275275 state and the rules and procedures of the legislature with respect
276276 to the notice, introduction, and passage of this Act are fulfilled
277277 and accomplished.
278278 SECTION 4. (a) If this Act does not receive a two-thirds
279279 vote of all the members elected to each house, Subchapter C, Chapter
280280 7972A, Special District Local Laws Code, as added by Section 1 of
281281 this Act, is amended by adding Section 7972A.0306 to read as
282282 follows:
283283 Sec. 7972A.0306. NO EMINENT DOMAIN POWER. The district may
284284 not exercise the power of eminent domain.
285285 (b) This section is not intended to be an expression of a
286286 legislative interpretation of the requirements of Section 17(c),
287287 Article I, Texas Constitution.
288288 SECTION 5. This Act takes effect immediately if it receives
289289 a vote of two-thirds of all the members elected to each house, as
290290 provided by Section 39, Article III, Texas Constitution. If this
291291 Act does not receive the vote necessary for immediate effect, this
292292 Act takes effect September 1, 2023.
293293 ______________________________ ______________________________
294294 President of the Senate Speaker of the House
295295 I certify that H.B. No. 5379 was passed by the House on May 9,
296296 2023, by the following vote: Yeas 109, Nays 33, 2 present, not
297297 voting.
298298 ______________________________
299299 Chief Clerk of the House
300300 I certify that H.B. No. 5379 was passed by the Senate on May
301301 21, 2023, by the following vote: Yeas 26, Nays 4, 1 present, not
302302 voting.
303303 ______________________________
304304 Secretary of the Senate
305305 APPROVED: _____________________
306306 Date
307307 _____________________
308308 Governor