Texas 2023 - 88th Regular

Texas Senate Bill SB2576 Compare Versions

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1	1	S.B. No. 2576
2	2
3	3
4	4	AN ACT
5	5	relating to the Open R Fresh Water Supply District of Caldwell
6	6	County; granting a limited power of eminent domain; providing
7	7	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 7994A to read as follows:
12	12	CHAPTER 7994A. OPEN R FRESH WATER SUPPLY DISTRICT OF CALDWELL
13	13	COUNTY
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 7994A.0101. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Director" means a board member.
18	18	(3) "District" means the Open R Fresh Water Supply
19	19	District of Caldwell County.
20	20	Sec. 7994A.0102. NATURE OF DISTRICT. The district is a
21	21	municipal utility district created under Section 59, Article XVI,
22	22	Texas Constitution.
23	23	Sec. 7994A.0103. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
24	24	(a) The district is created to serve a public purpose and benefit.
25	25	(b) The district is created to accomplish the purposes of:
26	26	(1) a municipal utility district as provided by
27	27	general law and Section 59, Article XVI, Texas Constitution; and
28	28	(2) Section 52, Article III, Texas Constitution, that
29	29	relate to the construction, acquisition, improvement, operation,
30	30	or maintenance of macadamized, graveled, or paved roads, or
31	31	improvements, including storm drainage, in aid of those roads.
32	32	Sec. 7994A.0104. DISTRICT TERRITORY. (a) The district is
33	33	composed of the territory described by Section 2 of the Act enacting
34	34	this chapter.
35	35	(b) The boundaries and field notes contained in Section 2 of
36	36	the Act enacting this chapter form a closure. A mistake made in the
37	37	field notes or in copying the field notes in the legislative process
38	38	does not affect the district's:
39	39	(1) organization, existence, or validity;
40	40	(2) right to issue any type of bond for the purposes
41	41	for which the district is created or to pay the principal of and
42	42	interest on a bond;
43	43	(3) right to impose a tax; or
44	44	(4) legality or operation.
45	45	SUBCHAPTER B. POWERS AND DUTIES
46	46	Sec. 7994A.0201. GENERAL POWERS AND DUTIES. The district
47	47	has the powers and duties necessary to accomplish the purposes for
48	48	which the district is created.
49	49	Sec. 7994A.0202. MUNICIPAL UTILITY DISTRICT POWERS AND
50	50	DUTIES. The district has the powers and duties provided by the
51	51	general law of this state, including Chapters 49 and 54, Water Code,
52	52	applicable to municipal utility districts created under Section 59,
53	53	Article XVI, Texas Constitution.
54	54	Sec. 7994A.0203. AUTHORITY FOR ROAD PROJECTS. Under
55	55	Section 52, Article III, Texas Constitution, the district may
56	56	design, acquire, construct, finance, issue bonds for, improve,
57	57	operate, maintain, and convey to this state, a county, or a
58	58	municipality for operation and maintenance macadamized, graveled,
59	59	or paved roads, or improvements, including storm drainage, and
60	60	landscaping, in aid of those roads.
61	61	Sec. 7994A.0204. ROAD STANDARDS AND REQUIREMENTS. (a) A
62	62	road project must meet all applicable construction standards,
63	63	zoning and subdivision requirements, and regulations of each
64	64	municipality in whose corporate limits or extraterritorial
65	65	jurisdiction the road project is located.
66	66	(b) If a road project is not located in the corporate limits
67	67	or extraterritorial jurisdiction of a municipality, the road
68	68	project must meet all applicable construction standards,
69	69	subdivision requirements, and regulations of each county in which
70	70	the road project is located.
71	71	(c) If the state will maintain and operate the road, the
72	72	Texas Transportation Commission must approve the plans and
73	73	specifications of the road project.
74	74	SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
75	75	Sec. 7994A.0301. ELECTIONS REGARDING TAXES OR BONDS. (a)
76	76	The district may issue, without an election, bonds and other
77	77	obligations secured by:
78	78	(1) revenue other than ad valorem taxes; or
79	79	(2) contract payments described by Section
80	80	7994A.0303.
81	81	(b) The district must hold an election in the manner
82	82	provided by Chapters 49 and 54, Water Code, to obtain voter approval
83	83	before the district may impose an ad valorem tax or issue bonds
84	84	payable from ad valorem taxes.
85	85	(c) The district may not issue bonds payable from ad valorem
86	86	taxes to finance a road project unless the issuance is approved by a
87	87	vote of a two-thirds majority of the district voters voting at an
88	88	election held for that purpose.
89	89	Sec. 7994A.0302. OPERATION AND MAINTENANCE TAX. (a) If
90	90	authorized at an election held under Section 7994A.0301, the
91	91	district may impose an operation and maintenance tax on taxable
92	92	property in the district in accordance with Section 49.107, Water
93	93	Code.
94	94	(b) The board shall determine the tax rate. The rate may not
95	95	exceed the rate approved at the election.
96	96	Sec. 7994A.0303. CONTRACT TAXES. (a) In accordance with
97	97	Section 49.108, Water Code, the district may impose a tax other than
98	98	an operation and maintenance tax and use the revenue derived from
99	99	the tax to make payments under a contract after the provisions of
100	100	the contract have been approved by a majority of the district voters
101	101	voting at an election held for that purpose.
102	102	(b) A contract approved by the district voters may contain a
103	103	provision stating that the contract may be modified or amended by
104	104	the board without further voter approval.
105	105	SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS
106	106	Sec. 7994A.0401. AUTHORITY TO ISSUE BONDS AND OTHER
107	107	OBLIGATIONS. The district may issue bonds or other obligations
108	108	payable wholly or partly from ad valorem taxes, impact fees,
109	109	revenue, contract payments, grants, or other district money, or any
110	110	combination of those sources, to pay for any authorized district
111	111	purpose.
112	112	Sec. 7994A.0402. TAXES FOR BONDS. At the time the district
113	113	issues bonds payable wholly or partly from ad valorem taxes, the
114	114	board shall provide for the annual imposition of a continuing
115	115	direct ad valorem tax, without limit as to rate or amount, while all
116	116	or part of the bonds are outstanding as required and in the manner
117	117	provided by Sections 54.601 and 54.602, Water Code.
118	118	Sec. 7994A.0403. BONDS FOR ROAD PROJECTS. At the time of
119	119	issuance, the total principal amount of bonds or other obligations
120	120	issued or incurred to finance road projects and payable from ad
121	121	valorem taxes may not exceed one-fourth of the assessed value of the
122	122	real property in the district.
123	123	SECTION 2. The Open R Fresh Water Supply District of
124	124	Caldwell County includes all the territory contained in the
125	125	following area:
126	126	BEING a 10.00 acre tract of land situated in the William Morrison
127	127	Survey, Abstract Number 187, Caldwell County, Texas, being all of
128	128	tract of land described in the deed to Michael M. Reynolds, recorded
129	129	in Volume 130, Page 887, Official Public Records of Caldwell
130	130	County, Texas, said 10.00 acres being more particularly described
131	131	as follows;
132	132	COMMENCING at a found 3/8-inch iron rod with cap stamped "RPLS 454r
133	133	for the northeast corner of a tract of land described in the deed to
134	134	Jacob K. Hohertz recorded in Instrument Number 2015-004255,
135	135	Official Public Records of Caldwell County, Texas;
136	136	THENCE North 04 degrees 07 minutes 28 seconds West, a distance of
137	137	303.33 feet to a set 5/8-inch iron rod with cap stamped "DUNAWAY
138	138	ASSOC" for the POINT OF BEGINNING;
139	139	THENCE North 10 degrees 55 minutes 01 second West, a distance of
140	140	660.00 feet to a found 1/2-inch iron rod with cap stamped "UDG
141	141	#2433";
142	142	THENCE North 79 degrees 04 minutes 59 seconds East, a distance of
143	143	660.00 feet to a found 1/2-inch iron rod with cap stamped "UDG
144	144	#2433";
145	145	THENCE South 10 degrees 55 minutes 01 second East, a distance of
146	146	660.00 feet to set 5/8-inch iron rod with cap stamped "DUNAWAY
147	147	ASSOC";
148	148	THENCE South 79 degrees 04 minutes 59 seconds West, a distance of
149	149	660.00 feet to the POINT OF BEGINNING. CONTAINING a computed area of
150	150	10.00 acres or 435,600 square feet of land, more or less.
151	151	METES AND BOUNDS (OVERALL)
152	152	BEING a 1,278.22 acre tract of land situated in the William Morrison
153	153	Survey, Abstract Number 187, the Ira Brisbee Survey, Abstract
154	154	No. 53 and the William Morrison Survey, Abstract Number 200,
155	155	Caldwell County, Texas, being all of tracts of land described as
156	156	Tracts 1, 2, 3, 4, 5, 7, 9, 10 and 11 in the deed to Open R. Family
157	157	Partnership, Ltd., recorded in Volume 536, Page 157, Official
158	158	Public Records of Caldwell County, Texas, and all of a tract of land
159	159	described in the deed to Michael M. Reynolds, recorded in Volume
160	160	130, Page 887, Official Public Records of Caldwell County, Texas,
161	161	said 1,278.22 acres being more particularly described as follows;
162	162	BEGINNING at a set 5/8-inch iron rod with cap stamped "DUNAWAY
163	163	ASSOC" at the intersection of the west right-of-way line of F.M.
164	164	2001 (80 foot wide) and the north right-of-way line of Bob White
165	165	Road (CR 232)
166	166	(undetermined width right-of-way);
167	167	THENCE South 80 degrees 13 minutes 21 seconds West, along the north
168	168	right-of-way line of Bob White Road, a distance of 3,378.55 feet to
169	169	a found 1/2-inch iron rod with cap (illegible) for the common south
170	170	corner of said Open R. Family Partnership, Ltd. tract and a tract of
171	171	land described in the deed to Jacob K. Hohertz recorded in
172	172	Instrument Number 2015-004255, Official Public Records of Caldwell
173	173	County, Texas;
174	174	THENCE North 09 degrees 31 minutes 05 seconds West, departing the
175	175	north right-of-way line of Bob White Road, along the east line of
176	176	said to Jacob K. Hohertz tract, a distance of 975.62 feet to a found
177	177	3/8- inch iron rod with cap stamped "RPLS 454?) for the northeast
178	178	corner of said to Jacob K. Hohertz tract;
179	179	THENCE South 78 degrees 45 minutes 59 seconds West, along the north
180	180	line of said to Jacob K. Hohertz tract, at a distance of 519.41 feet
181	181	passing a found 1/2-inch iron rod for the common north line of said
182	182	to Jacob K. Hohertz tract and a tract of land described in the deed
183	183	to Bob White Ranch Partners, LP, recorded in Instrument Number
184	184	2020-005485, Official Public Records of Caldwell County, Texas,
185	185	continuing along the north line of said Bob White Ranch Partners, LP
186	186	tract, in all a total distance of 5,150.26 feet to a found 1/2-inch
187	187	iron with cap stamped "UDG #2433" in the east right-of-way line of
188	188	F.M. 2720 (80 foot wide) being the northwest corner of said Bob
189	189	White Ranch Partners, LP tract;
190	190	THENCE North 41 degrees 18 minutes 01 second West, along the east
191	191	right-of-way line of F.M. 2720, a distance of 2,311.60 feet to a
192	192	found 1/2-inch iron rod with cap stamped "UDG #2433" for the
193	193	southwest corner of a tract of land described in the deed to Ranch
194	194	Road Bollinger, LLC, recorded in Instrument Number 2021-009404,
195	195	Official Public Records of Caldwell County, Texas;
196	196	THENCE North 59 degrees 03 minutes 35 seconds East, departing the
197	197	east right-of-way line of F.M. 2720 and along the south line of said
198	198	Ranch Road Bollinger, LLC tract, a distance of 2,317.52 feet to a
199	199	found stone mound for the southeast corner of said Ranch Road
200	200	Bollinger, LLC tract;
201	201	THENCE North 10 degrees 38 minutes 30 seconds West, along the east
202	202	line of said Ranch Road Bollinger, LLC tract, a distance of 1,714.09
203	203	feet to a found 1/2-inch iron with cap stamped "UDG #2433" for the
204	204	common east corner of said Ranch Road Bollinger, LLC tract and a
205	205	tract of land described in the deed to Marshall G. Varner recorded
206	206	in Instrument Number 2021-004273, Official Public Records of
207	207	Caldwell County, Texas;
208	208	THENCE North 10 degrees 19 minutes 42 seconds West, along the east
209	209	line of said Marshall G. Varner tract, a distance of 1,082.15 feet
210	210	to a found mag nail in concrete around a fence post for the
211	211	southwest corner of a tract of land described in the deed to Uhland
212	212	High Ground Group, LLC recorded in Instrument Number 2021-007504,
213	213	Official Public Records of Caldwell County, Texas;
214	214	THENCE North 79 degrees 20 minutes 07 seconds East, departing the
215	215	east line of said Marshall G. Varner tract and with a south line of
216	216	said Uhland High Ground Group, LLC tract, a distance of 3,748.76
217	217	feet to a found 3-inch metal fence post, for the southernmost
218	218	southeast corner of said Uhland High Ground Group, LLC tract;
219	219	THENCE North 10 degrees 28 minutes 44 seconds West, along an east
220	220	line of said Uhland High Ground Group, LLC tract, a distance of
221	221	2,039.59 feet to a point from which a found 1/2-iron rod bears South
222	222	78 degrees 38 minutes 59 seconds East, a distance of 0.39 feet, for
223	223	an interior ell corner of said Uhland High Ground Group, LLC tract;
224	224	THENCE North 74 degrees 44 minutes 07 seconds East, along a south
225	225	line of said Uhland High Ground Group, LLC tract, a distance of
226	226	3,318.07 feet to a set 5/8-inch iron rod with cap stamped "DUNAWAY
227	227	ASSOC" in the west right-of-way line of F.M. 2001 for the southeast
228	228	corner of said Uhland High Ground Group, LLC tract;
229	229	THENCE South 10 degrees 19 minutes 38 seconds East, along the west
230	230	right-of-way line of F.M. 2001, a distance of 803.75 feet to a set
231	231	5/8-inch iron rod with cap stamped "DUNAWAY ASSOC" for the
232	232	beginning of a circular curve to the left having a radius of
233	233	2,937.38 feet and whose chord bears South 20 degrees 39 minutes 23
234	234	seconds East, a chord distance of 1,033.38 feet;
235	235	THENCE Southeasterly, along said circular curve to the left and
236	236	along the west right-of-way line of F.M. 2001, through a central
237	237	angle of 20 degrees 15 minutes 44 seconds, a distance of 1,038.78
238	238	feet to a found broken concrete TXDOT monument at the end of said
239	239	curve;
240	240	THENCE South 30 degrees 34 minutes 49 seconds East, along the west
241	241	right-of-way line of F.M. 2001, a distance of 344.36 feet to a found
242	242	1/2-iron rod with cap stamped "UDG #2433" for the beginning of a
243	243	circular curve to the right having a radius of 2,796.29 feet and
244	244	whose chord bears South 20 degrees 25 minutes 48 seconds East, a
245	245	chord distance of 999.16 feet;
246	246	THENCE Southeasterly, along said circular curve to the right and
247	247	along the west right-of-way line of F.M. 2001, through a central
248	248	angle of 20 degrees 35 minutes 00 seconds, a distance of 1,004.55
249	249	feet to a found 1/2-iron rod with cap stamped "UDG #2433" at the end
250	250	of said curve;
251	251	THENCE South 10 degrees 14 minutes 42 seconds East, along the west
252	252	right-of-way line of F.M. 2001, a distance of 150.11 feet to a found
253	253	5/8-iron rod (bent) for the northeast corner of a tract of land
254	254	described in the deed to Dora Cunningham recorded in Instrument
255	255	Number 140027, Official Public Records of Caldwell County, Texas;
256	256	THENCE South 80 degrees 22 minutes 10 seconds West, departing the
257	257	west right-of-way line of F.M. 2001 and along the north line of said
258	258	Dora Cunningham tract, a distance of 674.37 feet to a point from
259	259	which a found 5/8-iron rod bears South 08 degrees 38 minutes 30
260	260	seconds West, a distance of 0.35 feet for the northwest corner of
261	261	said Dora Cunningham tract;
262	262	THENCE South 10 degrees 11 minutes 05 seconds East, along the west
263	263	line of said Dora Cunningham tract, at a deed distance of 216.09
264	264	feet passing the common west corner of said Dora Cunningham tract
265	265	and a tract of land described in the deed to Allison Joyce and Jimmy
266	266	S. Moore Jr., recorded in Instrument Number 2019-003313, Official
267	267	Public Records of Caldwell County, Texas, continuing along the west
268	268	line of said Allison Joyce and Jimmy S. Moore Jr. tract, in all a
269	269	total distance of 926.23 feet to a found 1/2-iron rod with cap
270	270	stamped "UDG #2433" for the southwest corner of said Allison Joyce
271	271	and Jimmy S. Moore Jr. tract;
272	272	THENCE South 72 degrees 31 minutes 41 seconds East, along the south
273	273	line of said Allison Joyce and Jimmy S. Moore Jr. tract, a distance
274	274	of 740.92 feet to a found 5/8-inch iron rod in the west right-of-way
275	275	line of F.M. 2001 for the southeast corner of said Allison Joyce and
276	276	Jimmy S. Moore Jr. tract;
277	277	THENCE South 10 degrees 14 minutes 26 seconds East, along the west
278	278	right-of-way line of F.M. 2001, a distance of 1,103.31 feet to a
279	279	found 1/2-iron rod with cap stamped "UDG #2433";
280	280	THENCE North 79 degrees 45 minutes 34 seconds East, along the west
281	281	right-of-way line of F.M. 2001, a distance of 20.00 feet to a set
282	282	5/8-inch iron rod with cap stamped "DUNAWAY ASSOC";
283	283	THENCE South 10 degrees 14 minutes 26 seconds East, along the west
284	284	right-of-way line of F.M. 2001, a distance of 984.80 feet to a point
285	285	from which a found broken concrete TXDOT monument bears North 32
286	286	degrees 05 minutes 26 seconds East, a distance of 1.36 feet;
287	287	THENCE South 10 degrees 49 minutes 27 seconds East, along the west
288	288	right-of-way line of F.M. 2001, a distance of 2,223.17 feet to a
289	289	point from which a found broken concrete TXDOT monument bears North
290	290	32 degrees 05 minutes 26 seconds East, a distance of 1.36 feet;
291	291	THENCE South 12 degrees 38 minutes 33 seconds East, along the west
292	292	right-of-way line of F.M. 2001, a distance of 15.80 feet to the
293	293	POINT OF BEGINNING.
294	294	CONTAINING a computed area of 1,278.22 acres or 55,679,090 square
295	295	feet of land, more or less.
296	296	SECTION 3. (a) All governmental and proprietary actions
297	297	and proceedings of the Open R Fresh Water Supply District of
298	298	Caldwell County taken before the effective date of this Act are
299	299	validated, ratified, and confirmed in all respects as of the dates
300	300	on which they occurred.
301	301	(b) This section does not apply to any matter that on the
302	302	effective date of this Act:
303	303	(1) is involved in litigation if the litigation
304	304	ultimately results in the matter being held invalid by a final court
305	305	judgment; or
306	306	(2) has been held invalid by a final court judgment.
307	307	SECTION 4. (a) The legal notice of the intention to
308	308	introduce this Act, setting forth the general substance of this
309	309	Act, has been published as provided by law, and the notice and a
310	310	copy of this Act have been furnished to all persons, agencies,
311	311	officials, or entities to which they are required to be furnished
312	312	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
313	313	Government Code.
314	314	(b) The governor, one of the required recipients, has
315	315	submitted the notice and Act to the Texas Commission on
316	316	Environmental Quality.
317	317	(c) The Texas Commission on Environmental Quality has filed
318	318	its recommendations relating to this Act with the governor, the
319	319	lieutenant governor, and the speaker of the house of
320	320	representatives within the required time.
321	321	(d) All requirements of the constitution and laws of this
322	322	state and the rules and procedures of the legislature with respect
323	323	to the notice, introduction, and passage of this Act are fulfilled
324	324	and accomplished.
325	325	SECTION 5. (a) If this Act does not receive a two-thirds
326	326	vote of all the members elected to each house, Subchapter B, Chapter
327	327	7994A, Special District Local Laws Code, as added by Section 1 of
328	328	this Act, is amended by adding Section 7994A.0205 to read as
329	329	follows:
330	330	Sec. 7994A.0205. NO EMINENT DOMAIN POWER. The district may
331	331	not exercise the power of eminent domain.
332	332	(b) This section is not intended to be an expression of a
333	333	legislative interpretation of the requirements of Section 17(c),
334	334	Article I, Texas Constitution.
335	335	SECTION 6. This Act takes effect immediately if it receives
336	336	a vote of two-thirds of all the members elected to each house, as
337	337	provided by Section 39, Article III, Texas Constitution. If this
338	338	Act does not receive the vote necessary for immediate effect, this
339	339	Act takes effect September 1, 2023.
340	340	______________________________ ______________________________
341	341	President of the Senate Speaker of the House
342	342	I hereby certify that S.B. No. 2576 passed the Senate on
343	343	April 27, 2023, by the following vote: Yeas 28, Nays 3.
344	344	______________________________
345	345	Secretary of the Senate
346	346	I hereby certify that S.B. No. 2576 passed the House on
347	347	May 12, 2023, by the following vote: Yeas 107, Nays 33, two
348	348	present not voting.
349	349	______________________________
350	350	Chief Clerk of the House
351	351	Approved:
352	352	______________________________
353	353	Date
354	354	______________________________
355	355	Governor