Texas 2023 - 88th 3rd C.S.

Texas Senate Bill SB17 Compare Versions

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1	1	88S30089 ANG-F
2	2	By: Zaffirini S.B. No. 17
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Travis County Municipal Utility
8	8	District No. 27; granting a limited power of eminent domain;
9	9	providing authority to issue bonds; providing authority to impose
10	10	assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 7950A to read as follows:
14	14	CHAPTER 7950A. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 27
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7950A.0101. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Travis County Municipal
22	22	Utility District No. 27.
23	23	Sec. 7950A.0102. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 7950A.0103. CONFIRMATION AND DIRECTOR ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 7950A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	7950A.0103 until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district as required by
36	36	general law.
37	37	Sec. 7950A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
38	38	(a) The district is created to serve a public purpose and benefit.
39	39	(b) The district is created to accomplish the purposes of:
40	40	(1) a municipal utility district as provided by
41	41	general law and Section 59, Article XVI, Texas Constitution; and
42	42	(2) Section 52, Article III, Texas Constitution, that
43	43	relate to the construction, acquisition, improvement, operation,
44	44	or maintenance of macadamized, graveled, or paved roads, or
45	45	improvements, including storm drainage, in aid of those roads.
46	46	Sec. 7950A.0106. INITIAL DISTRICT TERRITORY. (a) The
47	47	district is initially composed of the territory described by
48	48	Section 2 of the Act enacting this chapter.
49	49	(b) The boundaries and field notes contained in Section 2 of
50	50	the Act enacting this chapter form a closure. A mistake made in the
51	51	field notes or in copying the field notes in the legislative process
52	52	does not affect the district's:
53	53	(1) organization, existence, or validity;
54	54	(2) right to issue any type of bond for the purposes
55	55	for which the district is created or to pay the principal of and
56	56	interest on a bond;
57	57	(3) right to impose a tax; or
58	58	(4) legality or operation.
59	59	SUBCHAPTER B. BOARD OF DIRECTORS
60	60	Sec. 7950A.0201. GOVERNING BODY; TERMS. (a) The district
61	61	is governed by a board of five elected directors.
62	62	(b) Except as provided by Section 7950A.0202, directors
63	63	serve staggered four-year terms.
64	64	Sec. 7950A.0202. TEMPORARY DIRECTORS. (a) On or after the
65	65	effective date of the Act enacting this chapter, the owner or owners
66	66	of a majority of the assessed value of the real property in the
67	67	district may submit a petition to the commission requesting that
68	68	the commission appoint as temporary directors the five persons
69	69	named in the petition. The commission shall appoint as temporary
70	70	directors the five persons named in the petition.
71	71	(b) Temporary directors serve until the earlier of:
72	72	(1) the date permanent directors are elected under
73	73	Section 7950A.0103; or
74	74	(2) the fourth anniversary of the effective date of
75	75	the Act enacting this chapter.
76	76	(c) If permanent directors have not been elected under
77	77	Section 7950A.0103 and the terms of the temporary directors have
78	78	expired, successor temporary directors shall be appointed or
79	79	reappointed as provided by Subsection (d) to serve terms that
80	80	expire on the earlier of:
81	81	(1) the date permanent directors are elected under
82	82	Section 7950A.0103; or
83	83	(2) the fourth anniversary of the date of the
84	84	appointment or reappointment.
85	85	(d) If Subsection (c) applies, the owner or owners of a
86	86	majority of the assessed value of the real property in the district
87	87	may submit a petition to the commission requesting that the
88	88	commission appoint as successor temporary directors the five
89	89	persons named in the petition. The commission shall appoint as
90	90	successor temporary directors the five persons named in the
91	91	petition.
92	92	SUBCHAPTER C. POWERS AND DUTIES
93	93	Sec. 7950A.0301. GENERAL POWERS AND DUTIES. The district
94	94	has the powers and duties necessary to accomplish the purposes for
95	95	which the district is created.
96	96	Sec. 7950A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
97	97	DUTIES. The district has the powers and duties provided by the
98	98	general law of this state, including Chapters 49 and 54, Water Code,
99	99	applicable to municipal utility districts created under Section 59,
100	100	Article XVI, Texas Constitution.
101	101	Sec. 7950A.0303. AUTHORITY FOR ROAD PROJECTS. Under
102	102	Section 52, Article III, Texas Constitution, the district may
103	103	design, acquire, construct, finance, issue bonds for, improve,
104	104	operate, maintain, and convey to this state, a county, or a
105	105	municipality for operation and maintenance macadamized, graveled,
106	106	or paved roads, or improvements, including storm drainage, in aid
107	107	of those roads.
108	108	Sec. 7950A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
109	109	road project must meet all applicable construction standards,
110	110	zoning and subdivision requirements, and regulations of each
111	111	municipality in whose corporate limits or extraterritorial
112	112	jurisdiction the road project is located.
113	113	(b) If a road project is not located in the corporate limits
114	114	or extraterritorial jurisdiction of a municipality, the road
115	115	project must meet all applicable construction standards,
116	116	subdivision requirements, and regulations of each county in which
117	117	the road project is located.
118	118	(c) If the state will maintain and operate the road, the
119	119	Texas Transportation Commission must approve the plans and
120	120	specifications of the road project.
121	121	Sec. 7950A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
122	122	ORDINANCE OR RESOLUTION. The district shall comply with all
123	123	applicable requirements of any ordinance or resolution that is
124	124	adopted under Section 54.016 or 54.0165, Water Code, and that
125	125	consents to the creation of the district or to the inclusion of land
126	126	in the district.
127	127	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
128	128	Sec. 7950A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
129	129	The district may issue, without an election, bonds and other
130	130	obligations secured by:
131	131	(1) revenue other than ad valorem taxes; or
132	132	(2) contract payments described by Section
133	133	7950A.0403.
134	134	(b) The district must hold an election in the manner
135	135	provided by Chapters 49 and 54, Water Code, to obtain voter approval
136	136	before the district may impose an ad valorem tax or issue bonds
137	137	payable from ad valorem taxes.
138	138	(c) The district may not issue bonds payable from ad valorem
139	139	taxes to finance a road project unless the issuance is approved by a
140	140	vote of a two-thirds majority of the district voters voting at an
141	141	election held for that purpose.
142	142	Sec. 7950A.0402. OPERATION AND MAINTENANCE TAX. (a) If
143	143	authorized at an election held under Section 7950A.0401, the
144	144	district may impose an operation and maintenance tax on taxable
145	145	property in the district in accordance with Section 49.107, Water
146	146	Code.
147	147	(b) The board shall determine the tax rate. The rate may not
148	148	exceed the rate approved at the election.
149	149	Sec. 7950A.0403. CONTRACT TAXES. (a) In accordance with
150	150	Section 49.108, Water Code, the district may impose a tax other than
151	151	an operation and maintenance tax and use the revenue derived from
152	152	the tax to make payments under a contract after the provisions of
153	153	the contract have been approved by a majority of the district voters
154	154	voting at an election held for that purpose.
155	155	(b) A contract approved by the district voters may contain a
156	156	provision stating that the contract may be modified or amended by
157	157	the board without further voter approval.
158	158	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
159	159	Sec. 7950A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
160	160	OBLIGATIONS. The district may issue bonds or other obligations
161	161	payable wholly or partly from ad valorem taxes, impact fees,
162	162	revenue, contract payments, grants, or other district money, or any
163	163	combination of those sources, to pay for any authorized district
164	164	purpose.
165	165	Sec. 7950A.0502. TAXES FOR BONDS. At the time the district
166	166	issues bonds payable wholly or partly from ad valorem taxes, the
167	167	board shall provide for the annual imposition of a continuing
168	168	direct ad valorem tax, without limit as to rate or amount, while all
169	169	or part of the bonds are outstanding as required and in the manner
170	170	provided by Sections 54.601 and 54.602, Water Code.
171	171	Sec. 7950A.0503. BONDS FOR ROAD PROJECTS. At the time of
172	172	issuance, the total principal amount of bonds or other obligations
173	173	issued or incurred to finance road projects and payable from ad
174	174	valorem taxes may not exceed one-fourth of the assessed value of the
175	175	real property in the district.
176	176	SECTION 2. The Travis County Municipal Utility District
177	177	No. 27 initially includes all the territory contained in the
178	178	following area:
179	179	TRACT 1:
180	180	Being 21.95 acres of land, more or less, out of the Augustus
181	181	Kincheloe Survey, Abstract No. 457, Travis County, Texas, being a
182	182	portion of that tract conveyed to Stermaster Properties, LLC, by
183	183	deed recorded in Document No. 2021100283, Official Public Records,
184	184	Travis County, Texas, as surveyed on the ground by Texas Land
185	185	Surveying, Inc. on June 15th, 2021, and further described by metes
186	186	and bounds as follows:
187	187	BEGINNING at a 1/2 inch iron rod found in concrete in the
188	188	south line of FM 1327, marking the northeast corner of a tract
189	189	conveyed to Irma May A. Fernandez De Leon, by deed recorded in
190	190	Document No. 2018086771, of said Official Public Records, for the
191	191	northwest corner of said Stermaster tract and this tract;
192	192	THENCE: N 73°42'42" E, 799.30 feet with the south line of said
193	193	FM 1327 and the north line of said Stermaster tract to a 1/2 inch
194	194	iron rod with pink cap stamped "TLS" set, for the northeast corner
195	195	of this tract, from which a 1/2 inch iron rod found in concrete,
196	196	marking the northwest corner of a tract conveyed to Clifford Gus
197	197	Graef, by deed recorded in Volume 7303, Page 323, Deed Records,
198	198	Travis County, Texas, also marking the northeast corner of said
199	199	Stermaster tract, bears N 73°42'42" E, 680.61 feet;
200	200	THENCE: S 46°59'48" E, 1204.37 feet into and across said
201	201	Stermaster tract to a 1/2 inch iron rod with pink cap stamped "TLS"
202	202	set in the north line of a tract conveyed to Michelle Dimanoff, by
203	203	deed recorded in Document No. 2018193755, of said Official Public
204	204	Records and the south line of said Stermaster tract, for the
205	205	southeast corner of this tract, from which a 1/2 inch iron rod found
206	206	in the west line of said Graef tract, marking the northeast corner
207	207	of said Dimanoff tract, also marking the southeast corner of said
208	208	Stermaster tract, bears N 43°00'13" E, 588.93 feet;
209	209	THENCE: S 43°00'13" W, 672.86 feet with the north line of said
210	210	Dimanoff tract and the south line of said Stermaster tract to a 1/2
211	211	inch iron rod with pink cap stamped "TLS" found in the north-south
212	212	running north line of Tom Sassman Road, marking the northwest
213	213	corner of said Dimanoff tract, for the southwest corner of said
214	214	Stermaster tract and this tract;
215	215	THENCE: N 47°30'25" W, with the north-south running line of
216	216	said Tom Sassman Road and the west line of said Stermaster tract at
217	217	5.40 feet passing a 1/2 inch iron rod with orange cap stamped "Hayes
218	218	RPLS 5703" found, marking the southeast corner of Maha Creek
219	219	Estates, said plat recorded in Volume 86, Page 45B, Plat Records,
220	220	Travis County, Texas, continuing with the east line of said Maha
221	221	Creek Estates and the west line of said Stermaster tract at 721.47
222	222	feet passing a 1/2 inch iron rod with "Hayes RPLS 5703" found,
223	223	continuing in part with the east line of said Maha Creek Estates and
224	224	with the east line of said Leon tract, and the west line of said
225	225	Stermaster tract in all 1612.61 feet to the Point of Beginning.
226	226	TRACT 2:
227	227	BEING 20.79 ACRES OF LAND OUT OF THE AUGUSTUS KINCHELOE
228	228	SURVEY NUMBER 2, ABSTRACT NUMBER 457, TRAVIS COUNTY, TEXAS, SAME
229	229	BEING ALL OF THAT CERTAIN J.M.T.C.V., LTD 21.9716 ACRE TRACT
230	230	RECORDED IN DOCUMENT NUMBER 2005046836, OFFICIAL PUBLIC RECORDS,
231	231	TRAVIS COUNTY, TEXAS, SAVE AND EXCEPT THAT CERTAIN 0.608 ACRE TRACT
232	232	AND THAT CERTAIN 0.575 ACRE TRACT, BOTH RECORDED IN DOCUMENT
233	233	NUMBERS, 2014186864, 2015054419 AND 2015059567, ALL OF THE OFFICIAL
234	234	PUBLIC RECORDS, TRAVIS COUNTY, TEXAS, SAID 20.79 ACRES OF LAND TO BE
235	235	MORE PARTICULARLY DESCRIBED AS FOLLOWS:
236	236	BEGINNING at an iron rod in the westerly line of that certain
237	237	Clifford Graef 13.6310 acre tract recorded in Volume 5029, Page
238	238	107, Deed Records, said county, at the southeast corner of that
239	239	certain Arlon Wayne Graef 35.87 acre tract recorded in Document
240	240	Number 2016180663, Official Public Records, said county, same being
241	241	the northwest corner of said 21.9716 acre tract, for the northwest
242	242	corner hereof;
243	243	THENCE South 47 degrees 07 minutes 44 seconds East, along the
244	244	westerly line of said 13.6310 acre tract and the northerly line of
245	245	said 21.9716 acre tract, 549.33 feet to an iron rod found in said
246	246	line, at the northwest corner of said 0.608 acre tract, for an angle
247	247	corner in the northerly line hereof;
248	248	THENCE through said 21.9716 acre tract, along the westerly,
249	249	southerly and easterly line of said 0.608 acre tract, the following
250	250	3 calls,
251	251	1. South 66 degrees 24 minutes 26 seconds West, 209.37 feet
252	252	to an iron rod found,
253	253	2. South 26 degrees 19 minutes 46 seconds East, 160.66 feet
254	254	to an iron rod found,
255	255	3. North 48 degrees 22 minutes 41 seconds East, 196.16 feet
256	256	to an iron rod found in the westerly right-of-way line of S. U.S.
257	257	Highway 183, at the northeast corner of said 0.608 acre tract, same
258	258	being in the northerly line of said 21.9716 acre tract, for an angle
259	259	corner in the northerly line hereof;
260	260	THENCE South 04 degrees 15 minutes 32 seconds East, along
261	261	said Highway 183 and the northerly line of said 21.9716 acre tract,
262	262	111.11 feet to an iron rod found at the intersection of said Highway
263	263	183 and the westerly right-of-way line of Tom Sassman Road, same
264	264	being the northeast corner of said 21.9716 acre tract, for the
265	265	northeast corner hereof;
266	266	THENCE South 18 degrees 20 minutes 06 seconds West, along
267	267	said Tom Sassman Road and the easterly line of said 21.9716 acre
268	268	tract, 104.45 feet to an iron rod found in said line, at the
269	269	northwest corner of said 0.575 acre tract, for an angle corner in
270	270	the easterly line hereof;
271	271	THENCE through said 21.9716 acre tract, along the westerly
272	272	and southerly line of said 0.575 acre tract, the following 6 calls,
273	273	1. South 41 degrees 52 minutes 26 seconds West, 245.18 feet
274	274	to an iron rod found,
275	275	2. North 48 degrees 16 minutes 41 seconds West, 67.75 feet
276	276	to an iron rod found,
277	277	3. South 70 degrees 17 minutes 52 seconds West, 150.75 feet
278	278	to an iron rod found,
279	279	4. South 14 degrees 29 minutes 15 seconds East, 100.37 feet
280	280	to an iron rod found,
281	281	5. North 70 degrees 13 minutes 40 seconds East, 85.37 feet
282	282	to an iron rod found,
283	283	6. South 47 degrees 46 minutes 18 seconds East, 39.04 feet
284	284	to an iron rod found in said right-of-way line, at the southeast
285	285	corner of said 0.575 acre tract, same being in the easterly line of
286	286	said 21.9716 acre tract, for an angle corner in the easterly line
287	287	hereof;
288	288	Thence continuing along said right-of-way line and the
289	289	easterly and southerly line of said 21.9716 acre tract, the
290	290	following 4 calls,
291	291	1. South 42 degrees 34 minutes 47 seconds West, 598.66 feet
292	292	to an iron rod found,
293	293	2. South 60 degrees 42 minutes 46 seconds West, 26.42 feet
294	294	to an iron rod set,
295	295	3. South 89 degrees 54 minutes 48 seconds West, 18.83 feet
296	296	to an iron rod found at the southeast corner of said 21.9716 acre
297	297	tract, for the southeast corner hereof,
298	298	4. North 50 degrees 17 minutes 01 seconds West, 774.74 feet
299	299	to a fence corner post found at the northeast corner of Maha Creek
300	300	Estates, a subdivision recorded in Volume 86, Page 45C, Plat
301	301	Records, said county, at the southeast corner of said 35.87 acre
302	302	tract, same being the southwest corner of said 21.9716 acre tract,
303	303	for the southwest corner hereof;
304	304	THENCE North 43 degrees 00 minutes 22 seconds East, along the
305	305	easterly line of said 35.87 acre tract and the westerly line of said
306	306	21.9716 acre tract, 1,261.79 feet to the POINT OF BEGINNING.
307	307	TRACT 3:
308	308	Being 13.88 acres of land, more or less, out of the Augustus
309	309	Kincheloe Survey, Abstract No. 457, Travis County, Texas, being a
310	310	portion of that tract conveyed to Stermaster Properties, LLC, by
311	311	deed recorded in Document No. 2021100283, Official Public Records,
312	312	Travis County, Texas, as surveyed on the ground by Texas Land
313	313	Surveying, Inc. on June 15th, 2021, and further described by metes
314	314	and bounds as follows:
315	315	BEGINNING at a 1/2 inch iron rod found in concrete in the
316	316	south line of FM 1327, marking the northwest corner of a tract
317	317	conveyed to Clifford Gus Graef, by deed recorded in Volume 7303,
318	318	Page 323, of said Deed Records, for the northeast corner of said
319	319	Stermaster tract and this tract, from which a concrete monument
320	320	found, marking the northeast corner of said Graef tract, bears N
321	321	73°43'54" E, 806.93 feet;
322	322	THENCE: S 47°14'51" E, 856.82 feet with the west line of said
323	323	Graef tract and the east line of said Stermaster tract to a 1/2 inch
324	324	iron rod found, marking the northeast corner of a tract conveyed to
325	325	Michelle Dimanoff, by deed recorded in Document No. 2018193755, of
326	326	said Official Public Records, for the southeast corner of said
327	327	Stermaster tract and this tract, from which a 1/2 inch iron rod with
328	328	aluminum cap stamped "TxDOT" found, marking the southwest corner of
329	329	said Graef tract, also marking an angle point of said Dimanoff
330	330	tract, bears S 47°08'02" E, 549.50 feet;
331	331	THENCE: S 43°00'13" W, 588.93 feet with the north line of said
332	332	Dimanoff tract and the south line of said Stermaster tract to a 1/2
333	333	inch iron rod with pink cap stamped "TLS" set, for the southwest
334	334	corner of this tract, from which a 1/2 inch iron rod with pink cap
335	335	stamped "TLS" found in the north-south running north line of Tom
336	336	Sassman Road, marking the northwest corner of said Dimanoff tract,
337	337	also marking the southwest corner of said Stermaster tract, bears S
338	338	43°00'13" W, 672.86 feet;
339	339	THENCE: N 46°59'48" W, 1204.37 feet into and across said
340	340	Stermaster tract to a 1/2 inch iron rod with pink cap stamped "TLS"
341	341	set in the south line of said FM 1327, for the northwest corner of
342	342	this tract, from which a 1/2 inch iron rod found in concrete,
343	343	marking the northeast corner of a tract conveyed to Irma May A.
344	344	Fernandez De Leon, by deed recorded in Document No. 2018086771, of
345	345	said Official Public Records, also marking the northwest corner of
346	346	said Stermaster tract, bears N 73°42'42" E, 799.30 feet;
347	347	THENCE: N 73°42'42" E, 680.61 feet with the south line of said
348	348	FM 1327 and the north line of said Schaarschmidt tract to the Point
349	349	of Beginning.
350	350	SECTION 3. (a) The legal notice of the intention to
351	351	introduce this Act, setting forth the general substance of this
352	352	Act, has been published as provided by law, and the notice and a
353	353	copy of this Act have been furnished to all persons, agencies,
354	354	officials, or entities to which they are required to be furnished
355	355	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
356	356	Government Code.
357	357	(b) The governor, one of the required recipients, has
358	358	submitted the notice and Act to the Texas Commission on
359	359	Environmental Quality.
360	360	(c) The Texas Commission on Environmental Quality has filed
361	361	its recommendations relating to this Act with the governor, the
362	362	lieutenant governor, and the speaker of the house of
363	363	representatives within the required time.
364	364	(d) All requirements of the constitution and laws of this
365	365	state and the rules and procedures of the legislature with respect
366	366	to the notice, introduction, and passage of this Act are fulfilled
367	367	and accomplished.
368	368	SECTION 4. (a) If this Act does not receive a two-thirds
369	369	vote of all the members elected to each house, Subchapter C, Chapter
370	370	7950A, Special District Local Laws Code, as added by Section 1 of
371	371	this Act, is amended by adding Section 7950A.0306 to read as
372	372	follows:
373	373	Sec. 7950A.0306. NO EMINENT DOMAIN POWER. The district may
374	374	not exercise the power of eminent domain.
375	375	(b) This section is not intended to be an expression of a
376	376	legislative interpretation of the requirements of Section 17(c),
377	377	Article I, Texas Constitution.
378	378	SECTION 5. This Act takes effect immediately if it receives
379	379	a vote of two-thirds of all the members elected to each house, as
380	380	provided by Section 39, Article III, Texas Constitution. If this
381	381	Act does not receive the vote necessary for immediate effect, this
382	382	Act takes effect on the 91st day after the last day of the
383	383	legislative session.