Texas 2023 - 88th Regular

Texas Senate Bill SB2616 Compare Versions

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1	1	S.B. No. 2616
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Travis County Municipal Utility
6	6	District No. 27; 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 7950A to read as follows:
12	12	CHAPTER 7950A. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 27
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 7950A.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 Travis County Municipal
20	20	Utility District No. 27.
21	21	Sec. 7950A.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. 7950A.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. 7950A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section
30	30	7950A.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 as required by
34	34	general law.
35	35	Sec. 7950A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	36	(a) The district is created to serve a public purpose and benefit.
37	37	(b) The district is created to accomplish the purposes of:
38	38	(1) a municipal utility district as provided by
39	39	general law and Section 59, Article XVI, Texas Constitution; and
40	40	(2) Section 52, Article III, Texas Constitution, that
41	41	relate to the construction, acquisition, improvement, operation,
42	42	or maintenance of macadamized, graveled, or paved roads, or
43	43	improvements, including storm drainage, in aid of those roads.
44	44	Sec. 7950A.0106. INITIAL DISTRICT TERRITORY. (a) The
45	45	district is initially composed of the territory described by
46	46	Section 2 of the Act enacting this chapter.
47	47	(b) The boundaries and field notes contained in Section 2 of
48	48	the Act enacting this chapter form a closure. A mistake made in the
49	49	field notes or in copying the field notes in the legislative process
50	50	does not affect the district's:
51	51	(1) organization, existence, or validity;
52	52	(2) right to issue any type of bond for the purposes
53	53	for which the district is created or to pay the principal of and
54	54	interest on a bond;
55	55	(3) right to impose a tax; or
56	56	(4) legality or operation.
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 7950A.0201. GOVERNING BODY; TERMS. (a) The district
59	59	is governed by a board of five elected directors.
60	60	(b) Except as provided by Section 7950A.0202, directors
61	61	serve staggered four-year terms.
62	62	Sec. 7950A.0202. TEMPORARY DIRECTORS. (a) On or after the
63	63	effective date of the Act enacting this chapter, the owner or owners
64	64	of a majority of the assessed value of the real property in the
65	65	district may submit a petition to the commission requesting that
66	66	the commission appoint as temporary directors the five persons
67	67	named in the petition. The commission shall appoint as temporary
68	68	directors the five persons named in the petition.
69	69	(b) Temporary directors serve until the earlier of:
70	70	(1) the date permanent directors are elected under
71	71	Section 7950A.0103; or
72	72	(2) the fourth anniversary of the effective date of
73	73	the Act enacting this chapter.
74	74	(c) If permanent directors have not been elected under
75	75	Section 7950A.0103 and the terms of the temporary directors have
76	76	expired, successor temporary directors shall be appointed or
77	77	reappointed as provided by Subsection (d) to serve terms that
78	78	expire on the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 7950A.0103; or
81	81	(2) the fourth anniversary of the date of the
82	82	appointment or reappointment.
83	83	(d) If Subsection (c) applies, the owner or owners of a
84	84	majority of the assessed value of the real property in the district
85	85	may submit a petition to the commission requesting that the
86	86	commission appoint as successor temporary directors the five
87	87	persons named in the petition. The commission shall appoint as
88	88	successor temporary directors the five persons named in the
89	89	petition.
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 7950A.0301. GENERAL POWERS AND DUTIES. The district
92	92	has the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 7950A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 7950A.0303. AUTHORITY FOR ROAD PROJECTS. Under
100	100	Section 52, Article III, Texas Constitution, the district may
101	101	design, acquire, construct, finance, issue bonds for, improve,
102	102	operate, maintain, and convey to this state, a county, or a
103	103	municipality for operation and maintenance macadamized, graveled,
104	104	or paved roads, or improvements, including storm drainage, in aid
105	105	of those roads.
106	106	Sec. 7950A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	107	road project must meet all applicable construction standards,
108	108	zoning and subdivision requirements, and regulations of each
109	109	municipality in whose corporate limits or extraterritorial
110	110	jurisdiction the road project is located.
111	111	(b) If a road project is not located in the corporate limits
112	112	or extraterritorial jurisdiction of a municipality, the road
113	113	project must meet all applicable construction standards,
114	114	subdivision requirements, and regulations of each county in which
115	115	the road project is located.
116	116	(c) If the state will maintain and operate the road, the
117	117	Texas Transportation Commission must approve the plans and
118	118	specifications of the road project.
119	119	Sec. 7950A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120	120	ORDINANCE OR RESOLUTION. The district shall comply with all
121	121	applicable requirements of any ordinance or resolution that is
122	122	adopted under Section 54.016 or 54.0165, Water Code, and that
123	123	consents to the creation of the district or to the inclusion of land
124	124	in the district.
125	125	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	126	Sec. 7950A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
127	127	The district may issue, without an election, bonds and other
128	128	obligations secured by:
129	129	(1) revenue other than ad valorem taxes; or
130	130	(2) contract payments described by Section
131	131	7950A.0403.
132	132	(b) The district must hold an election in the manner
133	133	provided by Chapters 49 and 54, Water Code, to obtain voter approval
134	134	before the district may impose an ad valorem tax or issue bonds
135	135	payable from ad valorem taxes.
136	136	(c) The district may not issue bonds payable from ad valorem
137	137	taxes to finance a road project unless the issuance is approved by a
138	138	vote of a two-thirds majority of the district voters voting at an
139	139	election held for that purpose.
140	140	Sec. 7950A.0402. OPERATION AND MAINTENANCE TAX. (a) If
141	141	authorized at an election held under Section 7950A.0401, the
142	142	district may impose an operation and maintenance tax on taxable
143	143	property in the district in accordance with Section 49.107, Water
144	144	Code.
145	145	(b) The board shall determine the tax rate. The rate may not
146	146	exceed the rate approved at the election.
147	147	Sec. 7950A.0403. CONTRACT TAXES. (a) In accordance with
148	148	Section 49.108, Water Code, the district may impose a tax other than
149	149	an operation and maintenance tax and use the revenue derived from
150	150	the tax to make payments under a contract after the provisions of
151	151	the contract have been approved by a majority of the district voters
152	152	voting at an election held for that purpose.
153	153	(b) A contract approved by the district voters may contain a
154	154	provision stating that the contract may be modified or amended by
155	155	the board without further voter approval.
156	156	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
157	157	Sec. 7950A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
158	158	OBLIGATIONS. The district may issue bonds or other obligations
159	159	payable wholly or partly from ad valorem taxes, impact fees,
160	160	revenue, contract payments, grants, or other district money, or any
161	161	combination of those sources, to pay for any authorized district
162	162	purpose.
163	163	Sec. 7950A.0502. TAXES FOR BONDS. At the time the district
164	164	issues bonds payable wholly or partly from ad valorem taxes, the
165	165	board shall provide for the annual imposition of a continuing
166	166	direct ad valorem tax, without limit as to rate or amount, while all
167	167	or part of the bonds are outstanding as required and in the manner
168	168	provided by Sections 54.601 and 54.602, Water Code.
169	169	Sec. 7950A.0503. BONDS FOR ROAD PROJECTS. At the time of
170	170	issuance, the total principal amount of bonds or other obligations
171	171	issued or incurred to finance road projects and payable from ad
172	172	valorem taxes may not exceed one-fourth of the assessed value of the
173	173	real property in the district.
174	174	SECTION 2. The Travis County Municipal Utility District
175	175	No. 27 initially includes all the territory contained in the
176	176	following area:
177	177	TRACT 1:
178	178	Being 21.95 acres of land, more or less, out of the Augustus
179	179	Kincheloe Survey, Abstract No. 457, Travis County, Texas, being a
180	180	portion of that tract conveyed to Stermaster Properties, LLC, by
181	181	deed recorded in Document No. 2021100283, Official Public Records,
182	182	Travis County, Texas, as surveyed on the ground by Texas Land
183	183	Surveying, Inc. on June 15th, 2021, and further described by metes
184	184	and bounds as follows:
185	185	BEGINNING at a 1/2 inch iron rod found in concrete in the
186	186	south line of FM 1327, marking the northeast corner of a tract
187	187	conveyed to Irma May A. Fernandez De Leon, by deed recorded in
188	188	Document No. 2018086771, of said Official Public Records, for the
189	189	northwest corner of said Stermaster tract and this tract;
190	190	THENCE: N 73°42'42" E, 799.30 feet with the south line of said
191	191	FM 1327 and the north line of said Stermaster tract to a 1/2 inch
192	192	iron rod with pink cap stamped "TLS" set, for the northeast corner
193	193	of this tract, from which a 1/2 inch iron rod found in concrete,
194	194	marking the northwest corner of a tract conveyed to Clifford Gus
195	195	Graef, by deed recorded in Volume 7303, Page 323, Deed Records,
196	196	Travis County, Texas, also marking the northeast corner of said
197	197	Stermaster tract, bears N 73°42'42" E, 680.61 feet;
198	198	THENCE: S 46°59'48" E, 1204.37 feet into and across said
199	199	Stermaster tract to a 1/2 inch iron rod with pink cap stamped "TLS"
200	200	set in the north line of a tract conveyed to Michelle Dimanoff, by
201	201	deed recorded in Document No. 2018193755, of said Official Public
202	202	Records and the south line of said Stermaster tract, for the
203	203	southeast corner of this tract, from which a 1/2 inch iron rod found
204	204	in the west line of said Graef tract, marking the northeast corner
205	205	of said Dimanoff tract, also marking the southeast corner of said
206	206	Stermaster tract, bears N 43°00'13" E, 588.93 feet;
207	207	THENCE: S 43°00'13" W, 672.86 feet with the north line of said
208	208	Dimanoff tract and the south line of said Stermaster tract to a 1/2
209	209	inch iron rod with pink cap stamped "TLS" found in the north-south
210	210	running north line of Tom Sassman Road, marking the northwest
211	211	corner of said Dimanoff tract, for the southwest corner of said
212	212	Stermaster tract and this tract;
213	213	THENCE: N 47°30'25" W, with the north-south running line of
214	214	said Tom Sassman Road and the west line of said Stermaster tract at
215	215	5.40 feet passing a 1/2 inch iron rod with orange cap stamped "Hayes
216	216	RPLS 5703" found, marking the southeast corner of Maha Creek
217	217	Estates, said plat recorded in Volume 86, Page 45B, Plat Records,
218	218	Travis County, Texas, continuing with the east line of said Maha
219	219	Creek Estates and the west line of said Stermaster tract at 721.47
220	220	feet passing a 1/2 inch iron rod with "Hayes RPLS 5703" found,
221	221	continuing in part with the east line of said Maha Creek Estates and
222	222	with the east line of said Leon tract, and the west line of said
223	223	Stermaster tract in all 1612.61 feet to the Point of Beginning.
224	224	TRACT 2:
225	225	BEING 20.79 ACRES OF LAND OUT OF THE AUGUSTUS KINCHELOE
226	226	SURVEY NUMBER 2, ABSTRACT NUMBER 457, TRAVIS COUNTY, TEXAS, SAME
227	227	BEING ALL OF THAT CERTAIN J.M.T.C.V., LTD 21.9716 ACRE TRACT
228	228	RECORDED IN DOCUMENT NUMBER 2005046836, OFFICIAL PUBLIC RECORDS,
229	229	TRAVIS COUNTY, TEXAS, SAVE AND EXCEPT THAT CERTAIN 0.608 ACRE TRACT
230	230	AND THAT CERTAIN 0.575 ACRE TRACT, BOTH RECORDED IN DOCUMENT
231	231	NUMBERS, 2014186864, 2015054419 AND 2015059567, ALL OF THE OFFICIAL
232	232	PUBLIC RECORDS, TRAVIS COUNTY, TEXAS, SAID 20.79 ACRES OF LAND TO BE
233	233	MORE PARTICULARLY DESCRIBED AS FOLLOWS:
234	234	BEGINNING at an iron rod in the westerly line of that certain
235	235	Clifford Graef 13.6310 acre tract recorded in Volume 5029, Page
236	236	107, Deed Records, said county, at the southeast corner of that
237	237	certain Arlon Wayne Graef 35.87 acre tract recorded in Document
238	238	Number 2016180663, Official Public Records, said county, same being
239	239	the northwest corner of said 21.9716 acre tract, for the northwest
240	240	corner hereof;
241	241	THENCE South 47 degrees 07 minutes 44 seconds East, along the
242	242	westerly line of said 13.6310 acre tract and the northerly line of
243	243	said 21.9716 acre tract, 549.33 feet to an iron rod found in said
244	244	line, at the northwest corner of said 0.608 acre tract, for an angle
245	245	corner in the northerly line hereof;
246	246	THENCE through said 21.9716 acre tract, along the westerly,
247	247	southerly and easterly line of said 0.608 acre tract, the following
248	248	3 calls,
249	249	1. South 66 degrees 24 minutes 26 seconds West, 209.37 feet
250	250	to an iron rod found,
251	251	2. South 26 degrees 19 minutes 46 seconds East, 160.66 feet
252	252	to an iron rod found,
253	253	3. North 48 degrees 22 minutes 41 seconds East, 196.16 feet
254	254	to an iron rod found in the westerly right-of-way line of S. U.S.
255	255	Highway 183, at the northeast corner of said 0.608 acre tract, same
256	256	being in the northerly line of said 21.9716 acre tract, for an angle
257	257	corner in the northerly line hereof;
258	258	THENCE South 04 degrees 15 minutes 32 seconds East, along
259	259	said Highway 183 and the northerly line of said 21.9716 acre tract,
260	260	111.11 feet to an iron rod found at the intersection of said Highway
261	261	183 and the westerly right-of-way line of Tom Sassman Road, same
262	262	being the northeast corner of said 21.9716 acre tract, for the
263	263	northeast corner hereof;
264	264	THENCE South 18 degrees 20 minutes 06 seconds West, along
265	265	said Tom Sassman Road and the easterly line of said 21.9716 acre
266	266	tract, 104.45 feet to an iron rod found in said line, at the
267	267	northwest corner of said 0.575 acre tract, for an angle corner in
268	268	the easterly line hereof;
269	269	THENCE through said 21.9716 acre tract, along the westerly
270	270	and southerly line of said 0.575 acre tract, the following 6 calls,
271	271	1. South 41 degrees 52 minutes 26 seconds West, 245.18 feet
272	272	to an iron rod found,
273	273	2. North 48 degrees 16 minutes 41 seconds West, 67.75 feet
274	274	to an iron rod found,
275	275	3. South 70 degrees 17 minutes 52 seconds West, 150.75 feet
276	276	to an iron rod found,
277	277	4. South 14 degrees 29 minutes 15 seconds East, 100.37 feet
278	278	to an iron rod found,
279	279	5. North 70 degrees 13 minutes 40 seconds East, 85.37 feet
280	280	to an iron rod found,
281	281	6. South 47 degrees 46 minutes 18 seconds East, 39.04 feet
282	282	to an iron rod found in said right-of-way line, at the southeast
283	283	corner of said 0.575 acre tract, same being in the easterly line of
284	284	said 21.9716 acre tract, for an angle corner in the easterly line
285	285	hereof;
286	286	Thence continuing along said right-of-way line and the
287	287	easterly and southerly line of said 21.9716 acre tract, the
288	288	following 4 calls,
289	289	1. South 42 degrees 34 minutes 47 seconds West, 598.66 feet
290	290	to an iron rod found,
291	291	2. South 60 degrees 42 minutes 46 seconds West, 26.42 feet
292	292	to an iron rod set,
293	293	3. South 89 degrees 54 minutes 48 seconds West, 18.83 feet
294	294	to an iron rod found at the southeast corner of said 21.9716 acre
295	295	tract, for the southeast corner hereof,
296	296	4. North 50 degrees 17 minutes 01 seconds West, 774.74 feet
297	297	to a fence corner post found at the northeast corner of Maha Creek
298	298	Estates, a subdivision recorded in Volume 86, Page 45C, Plat
299	299	Records, said county, at the southeast corner of said 35.87 acre
300	300	tract, same being the southwest corner of said 21.9716 acre tract,
301	301	for the southwest corner hereof;
302	302	THENCE North 43 degrees 00 minutes 22 seconds East, along the
303	303	easterly line of said 35.87 acre tract and the westerly line of said
304	304	21.9716 acre tract, 1,261.79 feet to the POINT OF BEGINNING.
305	305	TRACT 3:
306	306	Being 13.88 acres of land, more or less, out of the Augustus
307	307	Kincheloe Survey, Abstract No. 457, Travis County, Texas, being a
308	308	portion of that tract conveyed to Stermaster Properties, LLC, by
309	309	deed recorded in Document No. 2021100283, Official Public Records,
310	310	Travis County, Texas, as surveyed on the ground by Texas Land
311	311	Surveying, Inc. on June 15th, 2021, and further described by metes
312	312	and bounds as follows:
313	313	BEGINNING at a 1/2 inch iron rod found in concrete in the
314	314	south line of FM 1327, marking the northwest corner of a tract
315	315	conveyed to Clifford Gus Graef, by deed recorded in Volume 7303,
316	316	Page 323, of said Deed Records, for the northeast corner of said
317	317	Stermaster tract and this tract, from which a concrete monument
318	318	found, marking the northeast corner of said Graef tract, bears N
319	319	73°43'54" E, 806.93 feet;
320	320	THENCE: S 47°14'51" E, 856.82 feet with the west line of said
321	321	Graef tract and the east line of said Stermaster tract to a 1/2 inch
322	322	iron rod found, marking the northeast corner of a tract conveyed to
323	323	Michelle Dimanoff, by deed recorded in Document No. 2018193755, of
324	324	said Official Public Records, for the southeast corner of said
325	325	Stermaster tract and this tract, from which a 1/2 inch iron rod with
326	326	aluminum cap stamped "TxDOT" found, marking the southwest corner of
327	327	said Graef tract, also marking an angle point of said Dimanoff
328	328	tract, bears S 47°08'02" E, 549.50 feet;
329	329	THENCE: S 43°00'13" W, 588.93 feet with the north line of said
330	330	Dimanoff tract and the south line of said Stermaster tract to a 1/2
331	331	inch iron rod with pink cap stamped "TLS" set, for the southwest
332	332	corner of this tract, from which a 1/2 inch iron rod with pink cap
333	333	stamped "TLS" found in the north-south running north line of Tom
334	334	Sassman Road, marking the northwest corner of said Dimanoff tract,
335	335	also marking the southwest corner of said Stermaster tract, bears S
336	336	43°00'13" W, 672.86 feet;
337	337	THENCE: N 46°59'48" W, 1204.37 feet into and across said
338	338	Stermaster tract to a 1/2 inch iron rod with pink cap stamped "TLS"
339	339	set in the south line of said FM 1327, for the northwest corner of
340	340	this tract, from which a 1/2 inch iron rod found in concrete,
341	341	marking the northeast corner of a tract conveyed to Irma May A.
342	342	Fernandez De Leon, by deed recorded in Document No. 2018086771, of
343	343	said Official Public Records, also marking the northwest corner of
344	344	said Stermaster tract, bears N 73°42'42" E, 799.30 feet;
345	345	THENCE: N 73°42'42" E, 680.61 feet with the south line of said
346	346	FM 1327 and the north line of said Schaarschmidt tract to the Point
347	347	of Beginning.
348	348	SECTION 3. (a) The legal notice of the intention to
349	349	introduce this Act, setting forth the general substance of this
350	350	Act, has been published as provided by law, and the notice and a
351	351	copy of this Act have been furnished to all persons, agencies,
352	352	officials, or entities to which they are required to be furnished
353	353	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
354	354	Government Code.
355	355	(b) The governor, one of the required recipients, has
356	356	submitted the notice and Act to the Texas Commission on
357	357	Environmental Quality.
358	358	(c) The Texas Commission on Environmental Quality has filed
359	359	its recommendations relating to this Act with the governor, the
360	360	lieutenant governor, and the speaker of the house of
361	361	representatives within the required time.
362	362	(d) All requirements of the constitution and laws of this
363	363	state and the rules and procedures of the legislature with respect
364	364	to the notice, introduction, and passage of this Act are fulfilled
365	365	and accomplished.
366	366	SECTION 4. (a) If this Act does not receive a two-thirds
367	367	vote of all the members elected to each house, Subchapter C, Chapter
368	368	7950A, Special District Local Laws Code, as added by Section 1 of
369	369	this Act, is amended by adding Section 7950A.0306 to read as
370	370	follows:
371	371	Sec. 7950A.0306. NO EMINENT DOMAIN POWER. The district may
372	372	not exercise the power of eminent domain.
373	373	(b) This section is not intended to be an expression of a
374	374	legislative interpretation of the requirements of Section 17(c),
375	375	Article I, Texas Constitution.
376	376	SECTION 5. This Act takes effect immediately if it receives
377	377	a vote of two-thirds of all the members elected to each house, as
378	378	provided by Section 39, Article III, Texas Constitution. If this
379	379	Act does not receive the vote necessary for immediate effect, this
380	380	Act takes effect September 1, 2023.
381	381	______________________________ ______________________________
382	382	President of the Senate Speaker of the House
383	383	I hereby certify that S.B. No. 2616 passed the Senate on
384	384	May 8, 2023, by the following vote: Yeas 27, Nays 3, one present
385	385	not voting.
386	386	______________________________
387	387	Secretary of the Senate
388	388	I hereby certify that S.B. No. 2616 passed the House on
389	389	May 24, 2023, by the following vote: Yeas 101, Nays 37, one
390	390	present not voting.
391	391	______________________________
392	392	Chief Clerk of the House
393	393	Approved:
394	394	______________________________
395	395	Date
396	396	______________________________
397	397	Governor