Texas 2025 - 89th Regular

Texas House Bill HB5665 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R15109 SCR-F
2	2	By: Kitzman H.B. No. 5665
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Waller County Municipal Utility
10	10	District No. 70; granting a limited power of eminent domain;
11	11	providing authority to issue bonds; providing authority to impose
12	12	assessments, fees, and taxes.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subtitle F, Title 6, Special District Local Laws
15	15	Code, is amended by adding Chapter 8019A to read as follows:
16	16	CHAPTER 8019A. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 70
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 8019A.0101. DEFINITIONS. In this chapter:
19	19	(1) "Board" means the district's board of directors.
20	20	(2) "Commission" means the Texas Commission on
21	21	Environmental Quality.
22	22	(3) "Director" means a board member.
23	23	(4) "District" means the Waller County Municipal
24	24	Utility District No. 70.
25	25	Sec. 8019A.0102. NATURE OF DISTRICT. The district is a
26	26	municipal utility district created under Section 59, Article XVI,
27	27	Texas Constitution.
28	28	Sec. 8019A.0103. CONFIRMATION AND DIRECTOR ELECTION
29	29	REQUIRED. The temporary directors shall hold an election to
30	30	confirm the creation of the district and to elect five permanent
31	31	directors as provided by Section 49.102, Water Code.
32	32	Sec. 8019A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
33	33	temporary directors may not hold an election under Section
34	34	8019A.0103 until each municipality in whose corporate limits or
35	35	extraterritorial jurisdiction the district is located has
36	36	consented by ordinance or resolution to the creation of the
37	37	district and to the inclusion of land in the district as required by
38	38	applicable law.
39	39	Sec. 8019A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
40	40	(a) The district is created to serve a public purpose and benefit.
41	41	(b) The district is created to accomplish the purposes of:
42	42	(1) a municipal utility district as provided by
43	43	general law and Section 59, Article XVI, Texas Constitution; and
44	44	(2) Section 52, Article III, Texas Constitution, that
45	45	relate to the construction, acquisition, improvement, operation,
46	46	or maintenance of macadamized, graveled, or paved roads, or
47	47	improvements, including storm drainage, in aid of those roads.
48	48	Sec. 8019A.0106. INITIAL DISTRICT TERRITORY. (a) The
49	49	district is initially composed of the territory described by
50	50	Section 2 of the Act enacting this chapter.
51	51	(b) The boundaries and field notes contained in Section 2 of
52	52	the Act enacting this chapter form a closure. A mistake made in the
53	53	field notes or in copying the field notes in the legislative process
54	54	does not affect the district's:
55	55	(1) organization, existence, or validity;
56	56	(2) right to issue any type of bond for the purposes
57	57	for which the district is created or to pay the principal of and
58	58	interest on a bond;
59	59	(3) right to impose a tax; or
60	60	(4) legality or operation.
61	61	SUBCHAPTER B. BOARD OF DIRECTORS
62	62	Sec. 8019A.0201. GOVERNING BODY; TERMS. (a) The district
63	63	is governed by a board of five elected directors.
64	64	(b) Except as provided by Section 8019A.0202, directors
65	65	serve staggered four-year terms.
66	66	Sec. 8019A.0202. TEMPORARY DIRECTORS. (a) The temporary
67	67	board consists of:
68	68	(1) Lisa Angell;
69	69	(2) Josh Bouquet;
70	70	(3) Tyler Nunez;
71	71	(4) Steven Tennis; and
72	72	(5) Courtney Wilcox.
73	73	(b) Temporary directors serve until the earlier of:
74	74	(1) the date permanent directors are elected under
75	75	Section 8019A.0103; or
76	76	(2) the fourth anniversary of the effective date of
77	77	the Act enacting this chapter.
78	78	(c) If permanent directors have not been elected under
79	79	Section 8019A.0103 and the terms of the temporary directors have
80	80	expired, successor temporary directors shall be appointed or
81	81	reappointed as provided by Subsection (d) to serve terms that
82	82	expire on the earlier of:
83	83	(1) the date permanent directors are elected under
84	84	Section 8019A.0103; or
85	85	(2) the fourth anniversary of the date of the
86	86	appointment or reappointment.
87	87	(d) If Subsection (c) applies, the owner or owners of a
88	88	majority of the assessed value of the real property in the district
89	89	may submit a petition to the commission requesting that the
90	90	commission appoint as successor temporary directors the five
91	91	persons named in the petition. The commission shall appoint as
92	92	successor temporary directors the five persons named in the
93	93	petition.
94	94	SUBCHAPTER C. POWERS AND DUTIES
95	95	Sec. 8019A.0301. GENERAL POWERS AND DUTIES. The district
96	96	has the powers and duties necessary to accomplish the purposes for
97	97	which the district is created.
98	98	Sec. 8019A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
99	99	DUTIES. The district has the powers and duties provided by the
100	100	general law of this state, including Chapters 49 and 54, Water Code,
101	101	applicable to municipal utility districts created under Section 59,
102	102	Article XVI, Texas Constitution.
103	103	Sec. 8019A.0303. AUTHORITY FOR ROAD PROJECTS. Under
104	104	Section 52, Article III, Texas Constitution, the district may
105	105	design, acquire, construct, finance, issue bonds for, improve,
106	106	operate, maintain, and convey to this state, a county, or a
107	107	municipality for operation and maintenance macadamized, graveled,
108	108	or paved roads, or improvements, including storm drainage, in aid
109	109	of those roads.
110	110	Sec. 8019A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
111	111	road project must meet all applicable construction standards,
112	112	zoning and subdivision requirements, and regulations of each
113	113	municipality in whose corporate limits or extraterritorial
114	114	jurisdiction the road project is located.
115	115	(b) If a road project is not located in the corporate limits
116	116	or extraterritorial jurisdiction of a municipality, the road
117	117	project must meet all applicable construction standards,
118	118	subdivision requirements, and regulations of each county in which
119	119	the road project is located.
120	120	(c) If the state will maintain and operate the road, the
121	121	Texas Transportation Commission must approve the plans and
122	122	specifications of the road project.
123	123	Sec. 8019A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
124	124	ORDINANCE OR RESOLUTION. The district shall comply with all
125	125	applicable requirements of any ordinance or resolution that is
126	126	adopted under Section 54.016 or 54.0165, Water Code, and that
127	127	consents to the creation of the district or to the inclusion of land
128	128	in the district.
129	129	Sec. 8019A.0306. DIVISION OF DISTRICT. This chapter
130	130	applies to any new district created by the division of the district
131	131	under Section 49.316, Water Code, and a new district has all the
132	132	powers and duties of the district.
133	133	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
134	134	Sec. 8019A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
135	135	The district may issue, without an election, bonds and other
136	136	obligations secured by:
137	137	(1) revenue other than ad valorem taxes; or
138	138	(2) contract payments described by Section
139	139	8019A.0403.
140	140	(b) The district must hold an election in the manner
141	141	provided by Chapters 49 and 54, Water Code, to obtain voter approval
142	142	before the district may impose an ad valorem tax or issue bonds
143	143	payable from ad valorem taxes.
144	144	(c) The district may not issue bonds payable from ad valorem
145	145	taxes to finance a road project unless the issuance is approved by a
146	146	vote of a two-thirds majority of the district voters voting at an
147	147	election held for that purpose.
148	148	Sec. 8019A.0402. OPERATION AND MAINTENANCE TAX. (a) If
149	149	authorized at an election held under Section 8019A.0401, the
150	150	district may impose an operation and maintenance tax on taxable
151	151	property in the district in accordance with Section 49.107, Water
152	152	Code.
153	153	(b) The board shall determine the tax rate. The rate may not
154	154	exceed the rate approved at the election.
155	155	Sec. 8019A.0403. CONTRACT TAXES. (a) In accordance with
156	156	Section 49.108, Water Code, the district may impose a tax other than
157	157	an operation and maintenance tax and use the revenue derived from
158	158	the tax to make payments under a contract after the provisions of
159	159	the contract have been approved by a majority of the district voters
160	160	voting at an election held for that purpose.
161	161	(b) A contract approved by the district voters may contain a
162	162	provision stating that the contract may be modified or amended by
163	163	the board without further voter approval.
164	164	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
165	165	Sec. 8019A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
166	166	OBLIGATIONS. The district may issue bonds or other obligations
167	167	payable wholly or partly from ad valorem taxes, impact fees,
168	168	revenue, contract payments, grants, or other district money, or any
169	169	combination of those sources, to pay for any authorized district
170	170	purpose.
171	171	Sec. 8019A.0502. TAXES FOR BONDS. At the time the district
172	172	issues bonds payable wholly or partly from ad valorem taxes, the
173	173	board shall provide for the annual imposition of a continuing
174	174	direct ad valorem tax, without limit as to rate or amount, while all
175	175	or part of the bonds are outstanding as required and in the manner
176	176	provided by Sections 54.601 and 54.602, Water Code.
177	177	Sec. 8019A.0503. BONDS FOR ROAD PROJECTS. At the time of
178	178	issuance, the total principal amount of bonds or other obligations
179	179	issued or incurred to finance road projects and payable from ad
180	180	valorem taxes may not exceed one-fourth of the assessed value of the
181	181	real property in the district.
182	182	SECTION 2. The Waller County Municipal Utility District
183	183	No. 70 initially includes all the territory contained in the
184	184	following area:
185	185	FIELD NOTES FOR A 209.7636 ACRE TRACT OF LAND OUT OF A
186	186	253.5235 ACRE TRACT OF LAND CONTAINING A 26.3883 ACRE TRACT
187	187	(RESIDUE OF TRACT 2 BEING CALLED 126.655 ACRES IN VOLUME 880, PAGE
188	188	482 OFFICIAL PUBLIC RECORDS) & A 27.1352 ACRE TRACT OF LAND BEING
189	189	MADE UP OF A 126.640 ACRE TRACT (CALLED TRACT 1 IN VOLUME 880, PAGE
190	190	482 OFFICIAL PUBLIC RECORDS) AND A PORTION OF THE 126.655 ACRE TRACT
191	191	(CALLED TRACT 2 IN VOLUME 880, PAGE 482 OFFICIAL PUBLIC RECORDS)
192	192	BEING LOCATED IN THE ISAAC DONOHO SURVEY, ABSTRACT 121 AND THE JAMES
193	193	BAKER SURVEY, ABSTRACT 11, WALLER COUNTY, TEXAS.
194	194	BEGINNING: At a 1/2 inch iron rod found in the East
195	195	right-of-way line of Blumberg Road (80 foot width as fenced) for the
196	196	Northwest corner of both the herein described tract and of the above
197	197	called Tract 1, said point being the Southwest corner of a 5.000
198	198	acre tract (Volume 1379, Page 546 Official Public Records);
199	199	THENCE: North 86 ° 53' 00" East with the North line of the
200	200	herein described tract and the South line of the 5.000 acre tract
201	201	and the South line of the residue of a 30.000 acre tract (Volume
202	202	562, Page 921 Official Public Records) passing 2 streams at a
203	203	distance of 3085.14 feet passing a 1/2 inch iron rod found for
204	204	reference and continuing on for a total distance of 3185 .14 feet to
205	205	a point in the center line of Clear Creek for the Northeast corner
206	206	of the herein described tract and the Southeast corner of the
207	207	residue of the 30.000 acre tract;
208	208	THENCE: With the center line of Clear Creek for the East line
209	209	of the herein described tract the following:
210	210	South 05 ° 28' 17" East a distance of 44.69 feet to a point;
211	211	South 57 ° 31' 1 O" West a distance of 84.62 feet to a point;
212	212	South 49 ° 14' 55" West a distance of 107.95 feet to a point;
213	213	South 05 ° 19' 51" East a distance of 139 .80 feet to a point;
214	214	South 53 ° 56' 03" East a distance of213.96 feet to a point;
215	215	South 04 ° 42' 16" West a distance of 102.65 feet to a point;
216	216	South 75 ° 35' 31" West a distance of 134.71 feet to a point;
217	217	South 82 ° 11' 12" West a distance of 146.83 feet to a point;
218	218	South 15 ° 25' 09" West a distance of 178.19 feet to a point;
219	219	South 77 ° 12' 16" West a distance of284.71 feet to a point;
220	220	South 14 ° 32' 02" West a distance of 186.43 feet to a point;
221	221	South 07 ° 51' 23" West a distance of291.98 feet to a point;
222	222	South 21 ° 43' 27" East a distance of 280.63 feet to a point;
223	223	South 76 ° 34' 55" East a distance of 131.62 feet to a point;
224	224	South 05 ° 17' 05" West a distance of 148.32 feet to a point;
225	225	South 64 ° 13' 49" West a distance of 95.23 feet to a point;
226	226	South 08 ° 46' 16" East a distance of 290.01 feet to a point;
227	227	North 83 ° 17' 03" West a distance of 94.83 feet to a point;
228	228	South 51 ° 09' 45" West a distance of 48.57 feet to a point;
229	229	South 22 ° 38' 08 11 East a distance of 82.86 feet to a point;
230	230	South 47 ° 06' 35" West a distance of 174.53 feet to a point;
231	231	South 70 ° 26' 44 11 West a distance of 323.06 feet to a point;
232	232	South 03 ° 25' 46 11 East a distance of 104.56 feet to a point;
233	233	South 73 ° 58' 49 11 West a distance of 82.53 feet to a point;
234	234	South 10 ° 00' 14" West a distance of 149.56 feet to a point;
235	235	South 31 ° 36' l 8 11 West a distance of 134.30 feet to a point;
236	236	South 30 ° 42' 52 11 East a distance of 193.08 feet to a point;
237	237	South 68 ° 06' 52 11 West a distance of 232.04 feet to a point;
238	238	South 14 ° 49' 27" West a distance of232.91 feet to a point;
239	239	South 05 ° 27' 43 11 East a distance of 223.66 feet to a point;
240	240	South 23 ° 20' 42" West a distance of 108.18 feet to a point;
241	241	South 09 ° 19' 58 11 East a distance of 220.50 feet to a point;
242	242	South 83 ° 24' 4 3" East a distance of 129. 70 feet to a point;
243	243	South 10 ° 4 7' 06" East a distance of 212.48 feet to a point
244	244	for the Southeast corner of the herein described tract and a
245	245	Northeast corner of a called 148.446 acre tract (Volume 569 , Page
246	246	202 Official Public Records);
247	247	THENCE: South 86 ° 03' 40" West at a distance of 100.00 feet
248	248	passing a 1/2 inch iron rod found for reference, continuing on for a
249	249	total distance of 1552.29 feet to a 30 inch tree found being the
250	250	called deed corner of the 148.446 acre tract for a Southwest corner
251	251	of the herein described tract, from said point a concrete monument
252	252	found bears South 87 ° 42' 40 11 West a distance of 8.58 feet;
253	253	THENCE: North 03 ° 33' 20" West a distance of 1155.65 feet with
254	254	the common line of this tract and the 148.446 acre tract to a
255	255	concrete monument found for a Northeast corner of the 148.446 acre
256	256	tract and an angle point for a West line of the herein described
257	257	tract and being the Southeast corner of the residue of the above
258	258	253.5235 acre tract;
259	259	THENCE: North 03 ° 20' 21 11 West a distance of 134.02 feet
260	260	with the West line of the Donoho Survey, Abstract 121 and the East
261	261	line of the Baker Survey, Abstract 11, to a 1/2 inch iron rod set for
262	262	an interior corner of this tract;
263	263	THENCE: North 16 ° 34' 51" West a distance of 1227.60 feet to
264	264	a1/2 inch iron rod set for an interior corner of this tract and the
265	265	Northeast corner of the residue of the above 253.5235 acre tract;
266	266	THENCE: With the common line of this tract and the residue of
267	267	the above 253.5235 acre tract the following:
268	268	With a curve to the right having a radius of 696.00 feet, a
269	269	length of 344.41 feet with a chord bearing of North 72 ° 20' 50" West
270	270	a distance of 340.91 feet to a1/2 inch iron rod set at the end of
271	271	said curve;
272	272	North 58° 10' 16" West a distance of 247.63 feet to a1/2 inch
273	273	iron rod set at the beginning of a curve to the left;
274	274	With a curve to the left having a radius of 9.00 feet, a
275	275	length of 13.92 feet with a chord bearing of South 77° 30' 31" West
276	276	with a distance of 12.58 feet to a1/2 inch iron rod set at the end of
277	277	said curve;
278	278	North 57° 41' 35" West a distance of 16.00 feet to a 1/2 inch
279	279	iron rod set in the East line of Blumberg Road for the Westernmost
280	280	Southwest corner of the herein described tract and the Northwest
281	281	corner of the residue of the above 253.5235 acre tract;
282	282	THENCE: With the Southeast line of Blumberg Road and the West
283	283	line of the herein described tract the following:
284	284	North 33° 11' 18" East a distance of 125.07 feet to a 1/2 inch
285	285	iron rod found;
286	286	With a curve to the left having a radius of 2730.26 feet, a
287	287	length of 697.42 feet with a chord bearing of North 25° 32' 07'' East
288	288	and a distance of 695.53 feet to a 1/2 inch iron rod found;
289	289	North 18° 31' 13" East a distance of 530.28 feet to the PLACE
290	290	OF BEGINNING and containing 209.7636 acres of land.
291	291	All bearings recited hereon are based GPS observation, Texas
292	292	South-Central Zone.
293	293	SECTION 3. (a) The legal notice of the intention to
294	294	introduce this Act, setting forth the general substance of this
295	295	Act, has been published as provided by law, and the notice and a
296	296	copy of this Act have been furnished to all persons, agencies,
297	297	officials, or entities to which they are required to be furnished
298	298	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
299	299	Government Code.
300	300	(b) The governor, one of the required recipients, has
301	301	submitted the notice and Act to the Texas Commission on
302	302	Environmental Quality.
303	303	(c) The Texas Commission on Environmental Quality has filed
304	304	its recommendations relating to this Act with the governor, the
305	305	lieutenant governor, and the speaker of the house of
306	306	representatives within the required time.
307	307	(d) All requirements of the constitution and laws of this
308	308	state and the rules and procedures of the legislature with respect
309	309	to the notice, introduction, and passage of this Act are fulfilled
310	310	and accomplished.
311	311	SECTION 4. (a) If this Act does not receive a two-thirds
312	312	vote of all the members elected to each house, Subchapter C, Chapter
313	313	8019A, Special District Local Laws Code, as added by Section 1 of
314	314	this Act, is amended by adding Section 8019A.0307 to read as
315	315	follows:
316	316	Sec. 8019A.0307. NO EMINENT DOMAIN POWER. The district may
317	317	not exercise the power of eminent domain.
318	318	(b) This section is not intended to be an expression of a
319	319	legislative interpretation of the requirements of Section 17(c),
320	320	Article I, Texas Constitution.
321	321	SECTION 5. This Act takes effect immediately if it receives
322	322	a vote of two-thirds of all the members elected to each house, as
323	323	provided by Section 39, Article III, Texas Constitution. If this
324	324	Act does not receive the vote necessary for immediate effect, this
325	325	Act takes effect September 1, 2025.