Texas 2023 - 88th 4th C.S.

Texas House Bill HB89 Compare Versions

Version 1 (Old)

Version 2 (New)

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