Texas 2023 - 88th Regular

Texas House Bill HB5390 Compare Versions

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1	1	H.B. No. 5390
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Waller County Municipal Utility
6	6	District No. 52; 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 7995A to read as follows:
12	12	CHAPTER 7995A. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 52
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 7995A.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. 52.
21	21	Sec. 7995A.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. 7995A.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. 7995A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section
30	30	7995A.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.
34	34	Sec. 7995A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	35	(a) The district is created to serve a public purpose and benefit.
36	36	(b) The district is created to accomplish the purposes of:
37	37	(1) a municipal utility district as provided by
38	38	general law and Section 59, Article XVI, Texas Constitution; and
39	39	(2) Section 52, Article III, Texas Constitution, that
40	40	relate to the construction, acquisition, improvement, operation,
41	41	or maintenance of macadamized, graveled, or paved roads, or
42	42	improvements, including storm drainage, in aid of those roads.
43	43	Sec. 7995A.0106. INITIAL DISTRICT TERRITORY. (a) The
44	44	district is initially composed of the territory described by
45	45	Section 2 of the Act enacting this chapter.
46	46	(b) The boundaries and field notes contained in Section 2 of
47	47	the Act enacting this chapter form a closure. A mistake made in the
48	48	field notes or in copying the field notes in the legislative process
49	49	does not affect the district's:
50	50	(1) organization, existence, or validity;
51	51	(2) right to issue any type of bond for the purposes
52	52	for which the district is created or to pay the principal of and
53	53	interest on a bond;
54	54	(3) right to impose a tax; or
55	55	(4) legality or operation.
56	56	SUBCHAPTER B. BOARD OF DIRECTORS
57	57	Sec. 7995A.0201. GOVERNING BODY; TERMS. (a) The district
58	58	is governed by a board of five elected directors.
59	59	(b) Except as provided by Section 7995A.0202, directors
60	60	serve staggered four-year terms.
61	61	Sec. 7995A.0202. TEMPORARY DIRECTORS. (a) The temporary
62	62	board consists of:
63	63	(1) Frank Bertlilino;
64	64	(2) Roel Badillo;
65	65	(3) Ryan Burns;
66	66	(4) Justin Spears; and
67	67	(5) Campbell Anderson.
68	68	(b) Temporary directors serve until the earlier of:
69	69	(1) the date permanent directors are elected under
70	70	Section 7995A.0103; or
71	71	(2) the fourth anniversary of the effective date of
72	72	the Act enacting this chapter.
73	73	(c) If permanent directors have not been elected under
74	74	Section 7995A.0103 and the terms of the temporary directors have
75	75	expired, successor temporary directors shall be appointed or
76	76	reappointed as provided by Subsection (d) to serve terms that
77	77	expire on the earlier of:
78	78	(1) the date permanent directors are elected under
79	79	Section 7995A.0103; or
80	80	(2) the fourth anniversary of the date of the
81	81	appointment or reappointment.
82	82	(d) If Subsection (c) applies, the owner or owners of a
83	83	majority of the assessed value of the real property in the district
84	84	may submit a petition to the commission requesting that the
85	85	commission appoint as successor temporary directors the five
86	86	persons named in the petition. The commission shall appoint as
87	87	successor temporary directors the five persons named in the
88	88	petition.
89	89	SUBCHAPTER C. POWERS AND DUTIES
90	90	Sec. 7995A.0301. GENERAL POWERS AND DUTIES. The district
91	91	has the powers and duties necessary to accomplish the purposes for
92	92	which the district is created.
93	93	Sec. 7995A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	94	DUTIES. The district has the powers and duties provided by the
95	95	general law of this state, including Chapters 49 and 54, Water Code,
96	96	applicable to municipal utility districts created under Section 59,
97	97	Article XVI, Texas Constitution.
98	98	Sec. 7995A.0303. AUTHORITY FOR ROAD PROJECTS. Under
99	99	Section 52, Article III, Texas Constitution, the district may
100	100	design, acquire, construct, finance, issue bonds for, improve,
101	101	operate, maintain, and convey to this state, a county, or a
102	102	municipality for operation and maintenance macadamized, graveled,
103	103	or paved roads, or improvements, including storm drainage, in aid
104	104	of those roads.
105	105	Sec. 7995A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	106	road project must meet all applicable construction standards,
107	107	zoning and subdivision requirements, and regulations of each
108	108	municipality in whose corporate limits or extraterritorial
109	109	jurisdiction the road project is located.
110	110	(b) If a road project is not located in the corporate limits
111	111	or extraterritorial jurisdiction of a municipality, the road
112	112	project must meet all applicable construction standards,
113	113	subdivision requirements, and regulations of each county in which
114	114	the road project is located.
115	115	(c) If the state will maintain and operate the road, the
116	116	Texas Transportation Commission must approve the plans and
117	117	specifications of the road project.
118	118	Sec. 7995A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
119	119	ORDINANCE OR RESOLUTION. The district shall comply with all
120	120	applicable requirements of any ordinance or resolution that is
121	121	adopted under Section 54.016 or 54.0165, Water Code, and that
122	122	consents to the creation of the district or to the inclusion of land
123	123	in the district.
124	124	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
125	125	Sec. 7995A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
126	126	The district may issue, without an election, bonds and other
127	127	obligations secured by:
128	128	(1) revenue other than ad valorem taxes; or
129	129	(2) contract payments described by Section
130	130	7995A.0403.
131	131	(b) The district must hold an election in the manner
132	132	provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	133	before the district may impose an ad valorem tax or issue bonds
134	134	payable from ad valorem taxes.
135	135	(c) The district may not issue bonds payable from ad valorem
136	136	taxes to finance a road project unless the issuance is approved by a
137	137	vote of a two-thirds majority of the district voters voting at an
138	138	election held for that purpose.
139	139	Sec. 7995A.0402. OPERATION AND MAINTENANCE TAX. (a) If
140	140	authorized at an election held under Section 7995A.0401, the
141	141	district may impose an operation and maintenance tax on taxable
142	142	property in the district in accordance with Section 49.107, Water
143	143	Code.
144	144	(b) The board shall determine the tax rate. The rate may not
145	145	exceed the rate approved at the election.
146	146	Sec. 7995A.0403. CONTRACT TAXES. (a) In accordance with
147	147	Section 49.108, Water Code, the district may impose a tax other than
148	148	an operation and maintenance tax and use the revenue derived from
149	149	the tax to make payments under a contract after the provisions of
150	150	the contract have been approved by a majority of the district voters
151	151	voting at an election held for that purpose.
152	152	(b) A contract approved by the district voters may contain a
153	153	provision stating that the contract may be modified or amended by
154	154	the board without further voter approval.
155	155	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
156	156	Sec. 7995A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
157	157	OBLIGATIONS. The district may issue bonds or other obligations
158	158	payable wholly or partly from ad valorem taxes, impact fees,
159	159	revenue, contract payments, grants, or other district money, or any
160	160	combination of those sources, to pay for any authorized district
161	161	purpose.
162	162	Sec. 7995A.0502. TAXES FOR BONDS. At the time the district
163	163	issues bonds payable wholly or partly from ad valorem taxes, the
164	164	board shall provide for the annual imposition of a continuing
165	165	direct ad valorem tax, without limit as to rate or amount, while all
166	166	or part of the bonds are outstanding as required and in the manner
167	167	provided by Sections 54.601 and 54.602, Water Code.
168	168	Sec. 7995A.0503. BONDS FOR ROAD PROJECTS. At the time of
169	169	issuance, the total principal amount of bonds or other obligations
170	170	issued or incurred to finance road projects and payable from ad
171	171	valorem taxes may not exceed one-fourth of the assessed value of the
172	172	real property in the district.
173	173	SECTION 2. The Waller County Municipal Utility District
174	174	No. 52 initially includes all the territory contained in the
175	175	following area:
176	176	Being a tract of land containing 381.279 acres (16,301,720
177	177	square feet) located in a portion of the J.P. Grigsby Survey,
178	178	Abstract Number (No.) 132, the Jacob Taylor Survey Abstract (No.)
179	179	268, and the Ambrose Powell Survey Abstract (No.) 239, in Waller
180	180	County Texas; Said 381.279 acre tract being all of a called 374.2356
181	181	acre tract recorded in the name of Maple Reserve, LLC, under Waller
182	182	County Clerk File (W.C.C.F.) No. 2209021, and also all of a called
183	183	7.0393 acre tract in the name of Maple Reserve Square, LLC, under
184	184	W.C.C.F. No. 2209024, said 381.279 acre tract being more
185	185	particularly described by metes and bounds as follows, (all
186	186	bearings are based on the Texas Coordinate System of 1983 (NAD83),
187	187	South Central Zone, per GPS observations):
188	188	BEGINNING at the northeast corner of a called 13.4394 acre
189	189	tract, recorded in the name of Rebecca Lynn Scansy under W.C.C.F.
190	190	No. 1207072 and being on the South Right-Of-Way (ROW) of Mayer Road
191	191	(60' foot public ROW) recorded in Waller County Deed Record
192	192	(W.C.D.R.) Vol. 161, Pg. 327), being the Northwest corner of said
193	193	374.2356 acre tract, and being the Northwest corner of herein
194	194	described tract;
195	195	THENCE, with the line common to said 374.2356 acre tract,
196	196	said 7.0393 acre tract, and said South ROW of said Mayer Road, and
197	197	the herein described tract the following two (2) courses;
198	198	1. North 86 degrees 32 minutes 04 seconds East, a distance
199	199	of 1907.71 feet to an angle point in the herein described tract;
200	200	2. North 86 degrees 22 minutes 23 seconds East, a distance
201	201	of 1519.88 feet to the northeast corner of said 7.0393 acre tract,
202	202	being the northeast corner of herein described tract, and also
203	203	being the intersection with the West ROW of FM 362 (80' foot public
204	204	ROW) recorded in W.C.D.R. Vol. 34, Pg. 7 and Vol. 116, Pg. 443;
205	205	THENCE, with the line common to said 374.2356 acre tract,
206	206	said 7.0393 acre tract, said west ROW of FM 362, and the herein
207	207	described tract the following seven (7) courses:
208	208	1. South 28 degrees 26 minutes 15 seconds East, a distance
209	209	of 274.91 feet to the beginning of a curve to the right;
210	210	2. 510.54 feet along the arc of said curve to the right
211	211	having a radius of 1105.92 feet, a central angle of 26 degrees 27
212	212	minutes 01 seconds, and a chord that bears South 15 degrees 12
213	213	minutes 45 seconds East, a distance of 506.02 feet to an angle point
214	214	in the herein described tract;
215	215	3. South 01 degrees 59 minutes 15 seconds East, a distance
216	216	of 475.20 feet to an angle point in the herein described tract;
217	217	4. South 02 degrees 34 minutes 15 seconds East, a distance
218	218	of 1707.22 feet to an angle point in the herein described tract;
219	219	5. South 02 degrees 36 minutes 15 seconds East, a distance
220	220	of 1149.31 feet to an angle point at the beginning of a curve to the
221	221	left;
222	222	6. 156.16 feet along the arc of said curve to the left having
223	223	a radius of 560.87 feet, a central angle of 15 degrees 57 minutes 11
224	224	seconds, and a chord that bears South 10 degrees 34 minutes 51
225	225	seconds East, a distance of 155.66 feet to an angle point in the
226	226	herein described tract;
227	227	7. South 02 degrees 22 minutes 17 seconds East, a distance
228	228	of 340.27 feet to an angle point in the north R.O.W. of Flukinger
229	229	Road (50' Public R.O.W.) recorded in W.C.D.R. Vol. 252, Pg. 297 and
230	230	Vol. 392, Pg. 670 and being the southeast corner of herein described
231	231	tract;
232	232	THENCE, along the line common to said 374.236 acre tract and
233	233	the North R.O.W. of Flukinger Road, and the herein described tract
234	234	the following two (2) courses:
235	235	1. South 86 degrees 30 minutes 34 seconds West, a distance
236	236	of 1771.42 feet to an angle point in the herein described tract;
237	237	2. South 86 degrees 11 minutes 28 seconds West, a distance
238	238	of 1615.33 feet to an angle point in the easterly boundary line of a
239	239	called 15.000 acre tract recorded in the name of Shirley L. Russ
240	240	under the W.C.D.R. Vol 257, Pg. 60, and being the most southerly
241	241	Southwest corner of the herein described tract;
242	242	THENCE, with the line common to said 15.000 acre tract, and
243	243	the herein described tract the following two (2) courses;
244	244	1. North 05 degrees 29 minutes 48 seconds East, a distance
245	245	of 254.70 feet to the northeast corner of said 15.000 acre tract,
246	246	and an angle point in the herein described tract;
247	247	2. South 89 degrees 51 minutes 06 seconds West, a distance
248	248	of 350.34 feet along the northern boundary line of said 15.000 acre
249	249	tract to an angle point in the eastern boundary line of a called
250	250	16.000 acre tract recorded in the name of Connie C. Hatfield under
251	251	the W.C.C.F. No. 808499 and the southwest corner of herein
252	252	described tract;
253	253	THENCE, with the line common to said 16.000 acre tract, a
254	254	called 4.000 acre tract recorded in the name of Connie C. Hatfield,
255	255	under the W.C.C.F. No. 808499 and the herein described tract, North
256	256	01 degrees 47 minutes 18 seconds West, a distance of 1300.37 feet to
257	257	an angle point in the herein described tract;
258	258	THENCE, with the line common to said 16.000 acre tract, the
259	259	herein described tract, a called 7.8444 acre tract recorded in the
260	260	name of Patricia Louise Hudy, under the W.C.C.F. No. 1207073, and a
261	261	called 13.438 acre tract recorded in the name of Ashley Sue Durfee,
262	262	under the W.C.C.F. No. 1207075, of said 13.438 acre tract North 02
263	263	degrees 24 minutes 28 seconds West a distance of 3005.54 feet to the
264	264	POINT OF BEGINNING, containing 381.279 acres of land.
265	265	SECTION 3. (a) The legal notice of the intention to
266	266	introduce this Act, setting forth the general substance of this
267	267	Act, has been published as provided by law, and the notice and a
268	268	copy of this Act have been furnished to all persons, agencies,
269	269	officials, or entities to which they are required to be furnished
270	270	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
271	271	Government Code.
272	272	(b) The governor, one of the required recipients, has
273	273	submitted the notice and Act to the Texas Commission on
274	274	Environmental Quality.
275	275	(c) The Texas Commission on Environmental Quality has filed
276	276	its recommendations relating to this Act with the governor, the
277	277	lieutenant governor, and the speaker of the house of
278	278	representatives within the required time.
279	279	(d) All requirements of the constitution and laws of this
280	280	state and the rules and procedures of the legislature with respect
281	281	to the notice, introduction, and passage of this Act are fulfilled
282	282	and accomplished.
283	283	SECTION 4. (a) If this Act does not receive a two-thirds
284	284	vote of all the members elected to each house, Subchapter C, Chapter
285	285	7995A, Special District Local Laws Code, as added by Section 1 of
286	286	this Act, is amended by adding Section 7995A.0306 to read as
287	287	follows:
288	288	Sec. 7995A.0306. NO EMINENT DOMAIN POWER. The district may
289	289	not exercise the power of eminent domain.
290	290	(b) This section is not intended to be an expression of a
291	291	legislative interpretation of the requirements of Section 17(c),
292	292	Article I, Texas Constitution.
293	293	SECTION 5. This Act takes effect immediately if it receives
294	294	a vote of two-thirds of all the members elected to each house, as
295	295	provided by Section 39, Article III, Texas Constitution. If this
296	296	Act does not receive the vote necessary for immediate effect, this
297	297	Act takes effect September 1, 2023.
298	298	______________________________ ______________________________
299	299	President of the Senate Speaker of the House
300	300	I certify that H.B. No. 5390 was passed by the House on May 9,
301	301	2023, by the following vote: Yeas 106, Nays 36, 2 present, not
302	302	voting.
303	303	______________________________
304	304	Chief Clerk of the House
305	305	I certify that H.B. No. 5390 was passed by the Senate on May
306	306	21, 2023, by the following vote: Yeas 27, Nays 4.
307	307	______________________________
308	308	Secretary of the Senate
309	309	APPROVED: _____________________
310	310	Date
311	311	_____________________
312	312	Governor