S.B. No. 2576
AN ACT
relating to the Open R Fresh Water Supply District of Caldwell
County; granting a limited power of eminent domain; providing
authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7994A to read as follows:
CHAPTER 7994A. OPEN R FRESH WATER SUPPLY DISTRICT OF CALDWELL
COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7994A.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Open R Fresh Water Supply
District of Caldwell County.
Sec. 7994A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7994A.0103. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7994A.0104. DISTRICT TERRITORY. (a) The district is
composed of the territory described by Section 2 of the Act enacting
this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 7994A.0201. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7994A.0202. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 7994A.0203. AUTHORITY FOR ROAD PROJECTS. Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve,
operate, maintain, and convey to this state, a county, or a
municipality for operation and maintenance macadamized, graveled,
or paved roads, or improvements, including storm drainage, and
landscaping, in aid of those roads.
Sec. 7994A.0204. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
Sec. 7994A.0301. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section
7994A.0303.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 7994A.0302. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7994A.0301, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 7994A.0303. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS
Sec. 7994A.0401. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 7994A.0402. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 7994A.0403. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Open R Fresh Water Supply District of
Caldwell County includes all the territory contained in the
following area:
BEING a 10.00 acre tract of land situated in the William Morrison
Survey, Abstract Number 187, Caldwell County, Texas, being all of
tract of land described in the deed to Michael M. Reynolds, recorded
in Volume 130, Page 887, Official Public Records of Caldwell
County, Texas, said 10.00 acres being more particularly described
as follows;
COMMENCING at a found 3/8-inch iron rod with cap stamped "RPLS 454r
for the northeast corner of a tract of land described in the deed to
Jacob K. Hohertz recorded in Instrument Number 2015-004255,
Official Public Records of Caldwell County, Texas;
THENCE North 04 degrees 07 minutes 28 seconds West, a distance of
303.33 feet to a set 5/8-inch iron rod with cap stamped "DUNAWAY
ASSOC" for the POINT OF BEGINNING;
THENCE North 10 degrees 55 minutes 01 second West, a distance of
660.00 feet to a found 1/2-inch iron rod with cap stamped "UDG
#2433";
THENCE North 79 degrees 04 minutes 59 seconds East, a distance of
660.00 feet to a found 1/2-inch iron rod with cap stamped "UDG
#2433";
THENCE South 10 degrees 55 minutes 01 second East, a distance of
660.00 feet to set 5/8-inch iron rod with cap stamped "DUNAWAY
ASSOC";
THENCE South 79 degrees 04 minutes 59 seconds West, a distance of
660.00 feet to the POINT OF BEGINNING. CONTAINING a computed area of
10.00 acres or 435,600 square feet of land, more or less.
METES AND BOUNDS (OVERALL)
BEING a 1,278.22 acre tract of land situated in the William Morrison
Survey, Abstract Number 187, the Ira Brisbee Survey, Abstract
No. 53 and the William Morrison Survey, Abstract Number 200,
Caldwell County, Texas, being all of tracts of land described as
Tracts 1, 2, 3, 4, 5, 7, 9, 10 and 11 in the deed to Open R. Family
Partnership, Ltd., recorded in Volume 536, Page 157, Official
Public Records of Caldwell County, Texas, and all of a tract of land
described in the deed to Michael M. Reynolds, recorded in Volume
130, Page 887, Official Public Records of Caldwell County, Texas,
said 1,278.22 acres being more particularly described as follows;
BEGINNING at a set 5/8-inch iron rod with cap stamped "DUNAWAY
ASSOC" at the intersection of the west right-of-way line of F.M.
2001 (80 foot wide) and the north right-of-way line of Bob White
Road (CR 232)
(undetermined width right-of-way);
THENCE South 80 degrees 13 minutes 21 seconds West, along the north
right-of-way line of Bob White Road, a distance of 3,378.55 feet to
a found 1/2-inch iron rod with cap (illegible) for the common south
corner of said Open R. Family Partnership, Ltd. tract and a tract of
land described in the deed to Jacob K. Hohertz recorded in
Instrument Number 2015-004255, Official Public Records of Caldwell
County, Texas;
THENCE North 09 degrees 31 minutes 05 seconds West, departing the
north right-of-way line of Bob White Road, along the east line of
said to Jacob K. Hohertz tract, a distance of 975.62 feet to a found
3/8- inch iron rod with cap stamped "RPLS 454?) for the northeast
corner of said to Jacob K. Hohertz tract;
THENCE South 78 degrees 45 minutes 59 seconds West, along the north
line of said to Jacob K. Hohertz tract, at a distance of 519.41 feet
passing a found 1/2-inch iron rod for the common north line of said
to Jacob K. Hohertz tract and a tract of land described in the deed
to Bob White Ranch Partners, LP, recorded in Instrument Number
2020-005485, Official Public Records of Caldwell County, Texas,
continuing along the north line of said Bob White Ranch Partners, LP
tract, in all a total distance of 5,150.26 feet to a found 1/2-inch
iron with cap stamped "UDG #2433" in the east right-of-way line of
F.M. 2720 (80 foot wide) being the northwest corner of said Bob
White Ranch Partners, LP tract;
THENCE North 41 degrees 18 minutes 01 second West, along the east
right-of-way line of F.M. 2720, a distance of 2,311.60 feet to a
found 1/2-inch iron rod with cap stamped "UDG #2433" for the
southwest corner of a tract of land described in the deed to Ranch
Road Bollinger, LLC, recorded in Instrument Number 2021-009404,
Official Public Records of Caldwell County, Texas;
THENCE North 59 degrees 03 minutes 35 seconds East, departing the
east right-of-way line of F.M. 2720 and along the south line of said
Ranch Road Bollinger, LLC tract, a distance of 2,317.52 feet to a
found stone mound for the southeast corner of said Ranch Road
Bollinger, LLC tract;
THENCE North 10 degrees 38 minutes 30 seconds West, along the east
line of said Ranch Road Bollinger, LLC tract, a distance of 1,714.09
feet to a found 1/2-inch iron with cap stamped "UDG #2433" for the
common east corner of said Ranch Road Bollinger, LLC tract and a
tract of land described in the deed to Marshall G. Varner recorded
in Instrument Number 2021-004273, Official Public Records of
Caldwell County, Texas;
THENCE North 10 degrees 19 minutes 42 seconds West, along the east
line of said Marshall G. Varner tract, a distance of 1,082.15 feet
to a found mag nail in concrete around a fence post for the
southwest corner of a tract of land described in the deed to Uhland
High Ground Group, LLC recorded in Instrument Number 2021-007504,
Official Public Records of Caldwell County, Texas;
THENCE North 79 degrees 20 minutes 07 seconds East, departing the
east line of said Marshall G. Varner tract and with a south line of
said Uhland High Ground Group, LLC tract, a distance of 3,748.76
feet to a found 3-inch metal fence post, for the southernmost
southeast corner of said Uhland High Ground Group, LLC tract;
THENCE North 10 degrees 28 minutes 44 seconds West, along an east
line of said Uhland High Ground Group, LLC tract, a distance of
2,039.59 feet to a point from which a found 1/2-iron rod bears South
78 degrees 38 minutes 59 seconds East, a distance of 0.39 feet, for
an interior ell corner of said Uhland High Ground Group, LLC tract;
THENCE North 74 degrees 44 minutes 07 seconds East, along a south
line of said Uhland High Ground Group, LLC tract, a distance of
3,318.07 feet to a set 5/8-inch iron rod with cap stamped "DUNAWAY
ASSOC" in the west right-of-way line of F.M. 2001 for the southeast
corner of said Uhland High Ground Group, LLC tract;
THENCE South 10 degrees 19 minutes 38 seconds East, along the west
right-of-way line of F.M. 2001, a distance of 803.75 feet to a set
5/8-inch iron rod with cap stamped "DUNAWAY ASSOC" for the
beginning of a circular curve to the left having a radius of
2,937.38 feet and whose chord bears South 20 degrees 39 minutes 23
seconds East, a chord distance of 1,033.38 feet;
THENCE Southeasterly, along said circular curve to the left and
along the west right-of-way line of F.M. 2001, through a central
angle of 20 degrees 15 minutes 44 seconds, a distance of 1,038.78
feet to a found broken concrete TXDOT monument at the end of said
curve;
THENCE South 30 degrees 34 minutes 49 seconds East, along the west
right-of-way line of F.M. 2001, a distance of 344.36 feet to a found
1/2-iron rod with cap stamped "UDG #2433" for the beginning of a
circular curve to the right having a radius of 2,796.29 feet and
whose chord bears South 20 degrees 25 minutes 48 seconds East, a
chord distance of 999.16 feet;
THENCE Southeasterly, along said circular curve to the right and
along the west right-of-way line of F.M. 2001, through a central
angle of 20 degrees 35 minutes 00 seconds, a distance of 1,004.55
feet to a found 1/2-iron rod with cap stamped "UDG #2433" at the end
of said curve;
THENCE South 10 degrees 14 minutes 42 seconds East, along the west
right-of-way line of F.M. 2001, a distance of 150.11 feet to a found
5/8-iron rod (bent) for the northeast corner of a tract of land
described in the deed to Dora Cunningham recorded in Instrument
Number 140027, Official Public Records of Caldwell County, Texas;
THENCE South 80 degrees 22 minutes 10 seconds West, departing the
west right-of-way line of F.M. 2001 and along the north line of said
Dora Cunningham tract, a distance of 674.37 feet to a point from
which a found 5/8-iron rod bears South 08 degrees 38 minutes 30
seconds West, a distance of 0.35 feet for the northwest corner of
said Dora Cunningham tract;
THENCE South 10 degrees 11 minutes 05 seconds East, along the west
line of said Dora Cunningham tract, at a deed distance of 216.09
feet passing the common west corner of said Dora Cunningham tract
and a tract of land described in the deed to Allison Joyce and Jimmy
S. Moore Jr., recorded in Instrument Number 2019-003313, Official
Public Records of Caldwell County, Texas, continuing along the west
line of said Allison Joyce and Jimmy S. Moore Jr. tract, in all a
total distance of 926.23 feet to a found 1/2-iron rod with cap
stamped "UDG #2433" for the southwest corner of said Allison Joyce
and Jimmy S. Moore Jr. tract;
THENCE South 72 degrees 31 minutes 41 seconds East, along the south
line of said Allison Joyce and Jimmy S. Moore Jr. tract, a distance
of 740.92 feet to a found 5/8-inch iron rod in the west right-of-way
line of F.M. 2001 for the southeast corner of said Allison Joyce and
Jimmy S. Moore Jr. tract;
THENCE South 10 degrees 14 minutes 26 seconds East, along the west
right-of-way line of F.M. 2001, a distance of 1,103.31 feet to a
found 1/2-iron rod with cap stamped "UDG #2433";
THENCE North 79 degrees 45 minutes 34 seconds East, along the west
right-of-way line of F.M. 2001, a distance of 20.00 feet to a set
5/8-inch iron rod with cap stamped "DUNAWAY ASSOC";
THENCE South 10 degrees 14 minutes 26 seconds East, along the west
right-of-way line of F.M. 2001, a distance of 984.80 feet to a point
from which a found broken concrete TXDOT monument bears North 32
degrees 05 minutes 26 seconds East, a distance of 1.36 feet;
THENCE South 10 degrees 49 minutes 27 seconds East, along the west
right-of-way line of F.M. 2001, a distance of 2,223.17 feet to a
point from which a found broken concrete TXDOT monument bears North
32 degrees 05 minutes 26 seconds East, a distance of 1.36 feet;
THENCE South 12 degrees 38 minutes 33 seconds East, along the west
right-of-way line of F.M. 2001, a distance of 15.80 feet to the
POINT OF BEGINNING.
CONTAINING a computed area of 1,278.22 acres or 55,679,090 square
feet of land, more or less.
SECTION 3. (a) All governmental and proprietary actions
and proceedings of the Open R Fresh Water Supply District of
Caldwell County taken before the effective date of this Act are
validated, ratified, and confirmed in all respects as of the dates
on which they occurred.
(b) This section does not apply to any matter that on the
effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final court
judgment; or
(2) has been held invalid by a final court judgment.
SECTION 4. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 5. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter B, Chapter
7994A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7994A.0205 to read as
follows:
Sec. 7994A.0205. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2576 passed the Senate on
April 27, 2023, by the following vote: Yeas 28, Nays 3.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2576 passed the House on
May 12, 2023, by the following vote: Yeas 107, Nays 33, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor