Texas 2025 - 89th Regular

Texas House Bill HB5679 Compare Versions

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

Old	New	Differences
1	1	89R17785 MP-F
2	2	By: Geren H.B. No. 5679
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Hills of Walnut Creek Municipal
10	10	Utility District of Parker County; granting a limited power of
11	11	eminent domain; providing authority to issue bonds; providing
12	12	authority to impose 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 7897 to read as follows:
16	16	CHAPTER 7897. HILLS OF WALNUT CREEK MUNICIPAL UTILITY DISTRICT OF
17	17	PARKER COUNTY
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	Sec. 7897.0101. DEFINITIONS. In this chapter:
20	20	(1) "Board" means the district's board of directors.
21	21	(2) "Commission" means the Texas Commission on
22	22	Environmental Quality.
23	23	(3) "Director" means a board member.
24	24	(4) "District" means the Hills of Walnut Creek
25	25	Municipal Utility District of Parker County.
26	26	Sec. 7897.0102. NATURE OF DISTRICT. The district is a
27	27	municipal utility district created under Section 59, Article XVI,
28	28	Texas Constitution.
29	29	Sec. 7897.0103. CONFIRMATION AND DIRECTOR ELECTION
30	30	REQUIRED. The temporary directors shall hold an election to
31	31	confirm the creation of the district and to elect five permanent
32	32	directors as provided by Section 49.102, Water Code.
33	33	Sec. 7897.0104. CONSENT OF MUNICIPALITY REQUIRED. The
34	34	temporary directors may not hold an election under Section
35	35	7897.0103 until each municipality in whose corporate limits or
36	36	extraterritorial jurisdiction the district is located has
37	37	consented by ordinance or resolution to the creation of the
38	38	district and to the inclusion of land in the district as required by
39	39	applicable law.
40	40	Sec. 7897.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
41	41	(a) The district is created to serve a public purpose and benefit.
42	42	(b) The district is created to accomplish the purposes of:
43	43	(1) a municipal utility district as provided by
44	44	general law and Section 59, Article XVI, Texas Constitution; and
45	45	(2) Section 52, Article III, Texas Constitution, that
46	46	relate to the construction, acquisition, improvement, operation,
47	47	or maintenance of macadamized, graveled, or paved roads, or
48	48	improvements, including storm drainage, in aid of those roads.
49	49	Sec. 7897.0106. INITIAL DISTRICT TERRITORY. (a) The
50	50	district is initially composed of the territory described by
51	51	Section 2 of the Act enacting this chapter.
52	52	(b) The boundaries and field notes contained in Section 2 of
53	53	the Act enacting this chapter form a closure. A mistake made in the
54	54	field notes or in copying the field notes in the legislative process
55	55	does not affect the district's:
56	56	(1) organization, existence, or validity;
57	57	(2) right to issue any type of bond for the purposes
58	58	for which the district is created or to pay the principal of and
59	59	interest on a bond;
60	60	(3) right to impose a tax; or
61	61	(4) legality or operation.
62	62	SUBCHAPTER B. BOARD OF DIRECTORS
63	63	Sec. 7897.0201. GOVERNING BODY; TERMS. (a) The district is
64	64	governed by a board of five elected directors.
65	65	(b) Except as provided by Section 7897.0202, directors
66	66	serve staggered four-year terms.
67	67	Sec. 7897.0202. TEMPORARY DIRECTORS. (a) On or after the
68	68	effective date of the Act enacting this chapter, the owner or owners
69	69	of a majority of the assessed value of the real property in the
70	70	district may submit a petition to the commission requesting that
71	71	the commission appoint as temporary directors the five persons
72	72	named in the petition. The commission shall appoint as temporary
73	73	directors the five persons named in the petition.
74	74	(b) Temporary directors serve until the earlier of:
75	75	(1) the date permanent directors are elected under
76	76	Section 7897.0103; or
77	77	(2) the fourth anniversary of the effective date of
78	78	the Act enacting this chapter.
79	79	(c) If permanent directors have not been elected under
80	80	Section 7897.0103 and the terms of the temporary directors have
81	81	expired, successor temporary directors shall be appointed or
82	82	reappointed as provided by Subsection (d) to serve terms that
83	83	expire on the earlier of:
84	84	(1) the date permanent directors are elected under
85	85	Section 7897.0103; or
86	86	(2) the fourth anniversary of the date of the
87	87	appointment or reappointment.
88	88	(d) If Subsection (c) applies, the owner or owners of a
89	89	majority of the assessed value of the real property in the district
90	90	may submit a petition to the commission requesting that the
91	91	commission appoint as successor temporary directors the five
92	92	persons named in the petition. The commission shall appoint as
93	93	successor temporary directors the five persons named in the
94	94	petition.
95	95	SUBCHAPTER C. POWERS AND DUTIES
96	96	Sec. 7897.0301. GENERAL POWERS AND DUTIES. The district
97	97	has the powers and duties necessary to accomplish the purposes for
98	98	which the district is created.
99	99	Sec. 7897.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
100	100	DUTIES. The district has the powers and duties provided by the
101	101	general law of this state, including Chapters 49 and 54, Water Code,
102	102	applicable to municipal utility districts created under Section 59,
103	103	Article XVI, Texas Constitution.
104	104	Sec. 7897.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
105	105	52, Article III, Texas Constitution, the district may design,
106	106	acquire, construct, finance, issue bonds for, improve, operate,
107	107	maintain, and convey to this state, a county, or a municipality for
108	108	operation and maintenance macadamized, graveled, or paved roads, or
109	109	improvements, including storm drainage, in aid of those roads.
110	110	Sec. 7897.0304. 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. 7897.0305. 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. 7897.0306. DIVISION OF DISTRICT. This chapter applies
130	130	to any new district created by the division of the district under
131	131	Section 49.316, Water Code, and a new district has all the powers
132	132	and duties of the district.
133	133	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
134	134	Sec. 7897.0401. 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 7897.0403.
139	139	(b) The district must hold an election in the manner
140	140	provided by Chapters 49 and 54, Water Code, to obtain voter approval
141	141	before the district may impose an ad valorem tax or issue bonds
142	142	payable from ad valorem taxes.
143	143	(c) The district may not issue bonds payable from ad valorem
144	144	taxes to finance a road project unless the issuance is approved by a
145	145	vote of a two-thirds majority of the district voters voting at an
146	146	election held for that purpose.
147	147	Sec. 7897.0402. OPERATION AND MAINTENANCE TAX. (a) If
148	148	authorized at an election held under Section 7897.0401, the
149	149	district may impose an operation and maintenance tax on taxable
150	150	property in the district in accordance with Section 49.107, Water
151	151	Code.
152	152	(b) The board shall determine the tax rate. The rate may not
153	153	exceed the rate approved at the election.
154	154	Sec. 7897.0403. CONTRACT TAXES. (a) In accordance with
155	155	Section 49.108, Water Code, the district may impose a tax other than
156	156	an operation and maintenance tax and use the revenue derived from
157	157	the tax to make payments under a contract after the provisions of
158	158	the contract have been approved by a majority of the district voters
159	159	voting at an election held for that purpose.
160	160	(b) A contract approved by the district voters may contain a
161	161	provision stating that the contract may be modified or amended by
162	162	the board without further voter approval.
163	163	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
164	164	Sec. 7897.0501. AUTHORITY TO ISSUE BONDS AND OTHER
165	165	OBLIGATIONS. The district may issue bonds or other obligations
166	166	payable wholly or partly from ad valorem taxes, impact fees,
167	167	revenue, contract payments, grants, or other district money, or any
168	168	combination of those sources, to pay for any authorized district
169	169	purpose.
170	170	Sec. 7897.0502. TAXES FOR BONDS. At the time the district
171	171	issues bonds payable wholly or partly from ad valorem taxes, the
172	172	board shall provide for the annual imposition of a continuing
173	173	direct ad valorem tax, without limit as to rate or amount, while all
174	174	or part of the bonds are outstanding as required and in the manner
175	175	provided by Sections 54.601 and 54.602, Water Code.
176	176	Sec. 7897.0503. BONDS FOR ROAD PROJECTS. At the time of
177	177	issuance, the total principal amount of bonds or other obligations
178	178	issued or incurred to finance road projects and payable from ad
179	179	valorem taxes may not exceed one-fourth of the assessed value of the
180	180	real property in the district.
181	181	SECTION 2. The Hills of Walnut Creek Municipal Utility
182	182	District of Parker County initially includes all the territory
183	183	contained in the following area:
184	184	BEING a tract of land situated in the G. Clifton Survey, Abstract
185	185	Number 1942, the T. & P. Railroad Company Survey, Abstract Number
186	186	1421, the W. Hall Survey, Abstract Number 2123, the R. Wright
187	187	Survey, Abstract Number 1636, the C. Gildon Survey, Abstract Number
188	188	523, the J. Wimbley Survey, Abstract Number 1612, and the T. & P.
189	189	Railroad Company Survey, Abstract Number 1377, Parker County,
190	190	Texas, being a portion of that tract of land described by deed to
191	191	MITX, LTD., Wells Reno Investors, LTD., and White Reno Investors,
192	192	LTD., recorded in Volume 2154, Page 1607, County Records, Parker
193	193	County, Texas, and being more particularly described by metes and
194	194	bounds as follows:
195	195	BEGINNING at the most westerly southwest corner of said MITX,
196	196	Wells, and White tract, the northwest corner of that tract of land
197	197	described by deed to Jesus R. Medina, et ux., recorded in Volume
198	198	2476, Page 1703, said County Records, and the east right-of-way
199	199	line of S. Reno Road (F.M. 1542, a variable width right-of-way);
200	200	THENCE N 00°16'43"E, 1314.90 feet, to the most westerly northwest
201	201	corner of said MITX, Wells, and White tract;
202	202	THENCE N 89°44'15"E, 1425.34 feet, to the southeast corner of that
203	203	tract of land described by deed to Barney and Shirley Stanford,
204	204	recorded in Volume 1155, Page 225 and the southwest corner of that
205	205	tract of land described by deed to Georgie Ann Morrow, recorded in
206	206	Instrument Number 201401446, both of said County Records;
207	207	THENCE N 89°18'15"E, 2101.36 feet, to the southeast corner of said
208	208	Georgie Morrow tract and the southwest corner of that tract of land
209	209	described by deed to Johnny F. Morrow, recorded in Volume 1720, Page
210	210	1798, said County Records;
211	211	THENCE N 89°45'38"E, 1692.96 feet, to the southeast corner of said
212	212	Johnny Morrow tract and an "ell" corner in the north line of said
213	213	MITX, Wells, and White tract;
214	214	THENCE N 00°13'36"W, 2251.38 feet, with the east line of said Johnny
215	215	Morrow tract and the approximate centerline of Walnut Creek;
216	216	THENCE with said centerline, the following bearings and distances:
217	217	S 47°38'48"E, 471.49 feet;
218	218	S 58°04'22"E, 155.77 feet;
219	219	S 66°39'46"E, 575.57 feet;
220	220	S 76°47'59"E, 160.75 feet;
221	221	N 85°32'30"E, 458.61 feet;
222	222	N 89°02'03"E, 199.40 feet;
223	223	S 76°13'41"E, 149.22 feet;
224	224	S 46°16'57"E, 152.45 feet;
225	225	S 25°11'46"E, 264.45 feet;
226	226	S 61°54'17"E, 236.98 feet;
227	227	S 80°32'04"E, 318.93 feet;
228	228	S 51°50'03"E, 470.97 feet;
229	229	N 83°46'19"E, 235.80 feet;
230	230	S 83°31'07"E, 206.49 feet;
231	231	S 88°41'18"E, 339.09 feet;
232	232	S 66°11'45"E, 321.05 feet, to the northeast corner of said
233	233	MITX, Wells, and White tract and the west line of that tract
234	234	of land described by deed to Charles and Carolyn Sonnenburg,
235	235	recorded in Volume 1002, Page 163, said County Records;
236	236	THENCE with the east line of said MITX, Wells, and White tract, the
237	237	following bearings and distances:
238	238	S 00°10'25"E, 2058.07 feet, to the southwest corner of that
239	239	tract of land described by deed to Jose J. Clemente, recorded
240	240	in Instrument Number 201711878, all of said County
241	241	Records;
242	242	S 00°18'39"E, 1192.13 feet, to the most easterly southeast
243	243	corner of said MITX, Wells, and White tract;
244	244	S 89°27'00"W, 1519.03 feet, to an "ell" corner in said east
245	245	line and the northwest corner of Lot 1, Jackson Trail
246	246	Estates, an addition to Parker County, Texas, by plat
247	247	recorded in Volume 363-A, Page 33, said County Records;
248	248	THENCE S 89°41'12"W, 2649.54 feet, over and across said MITX, Wells,
249	249	and White tract;
250	250	THENCE S 00°57'03"E, 901.92 feet, continuing over and across said
251	251	MITX, Wells, and White tract, to an "ell" corner in the west line of
252	252	said MITX, Wells, and White tract and the northeast corner of Lot 1
253	253	Pearson Crossing, an addition to Parker County, Texas, by plat
254	254	recorded in Cabinet B, Slide 548, said County Records;
255	255	THENCE with said west line, the following bearings and distances:
256	256	S 89°37'15"W, 1324.85 feet, to the northwest corner of Lot 7,
257	257	said Pearson Crossing and the northeast corner of that tract
258	258	of land described by deed to Everardo D. Ramirez, LLC,
259	259	recorded in Instrument Number 202042879, said County
260	260	Records;
261	261	S 89°51'18"W, 670.75 feet, to the northwest corner of that
262	262	tract of land described by deed to RBBR Enterprises, Inc.,
263	263	recorded in Instrument Number 201703769 and the east line of
264	264	that tract of land described by deed to Terry Lee and Eva Joan
265	265	Benton, recorded in Volume 1775, Page 1572, both of said
266	266	County Records;
267	267	N 00°16'37"W, 901.42 feet, to the northeast corner of said
268	268	Benton tract;
269	269	N 89°29'00"W, 624.44 feet, to the southeast corner of that
270	270	tract of land described by deed to Clyda Sue Johnson,
271	271	recorded in Instrument Number 202012870, said County
272	272	Records;
273	273	N 00°38'10"W, 1314.40 feet, to the northeast corner of said
274	274	Johnson tract;
275	275	THENCE S 89°08'05"W, 2593.70 feet, to the Point of Beginning and
276	276	containing 28,443,549 square feet or 652.974 acres of land more or
277	277	less.
278	278	SECTION 3. (a) The legal notice of the intention to
279	279	introduce this Act, setting forth the general substance of this
280	280	Act, has been published as provided by law, and the notice and a
281	281	copy of this Act have been furnished to all persons, agencies,
282	282	officials, or entities to which they are required to be furnished
283	283	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
284	284	Government Code.
285	285	(b) The governor, one of the required recipients, has
286	286	submitted the notice and Act to the Texas Commission on
287	287	Environmental Quality.
288	288	(c) The Texas Commission on Environmental Quality has filed
289	289	its recommendations relating to this Act with the governor, the
290	290	lieutenant governor, and the speaker of the house of
291	291	representatives within the required time.
292	292	(d) All requirements of the constitution and laws of this
293	293	state and the rules and procedures of the legislature with respect
294	294	to the notice, introduction, and passage of this Act are fulfilled
295	295	and accomplished.
296	296	SECTION 4. (a) If this Act does not receive a two-thirds
297	297	vote of all the members elected to each house, Subchapter C, Chapter
298	298	7897, Special District Local Laws Code, as added by Section 1 of
299	299	this Act, is amended by adding Section 7897.0307 to read as follows:
300	300	Sec. 7897.0307. NO EMINENT DOMAIN POWER. The district may
301	301	not exercise the power of eminent domain.
302	302	(b) This section is not intended to be an expression of a
303	303	legislative interpretation of the requirements of Section 17(c),
304	304	Article I, Texas Constitution.
305	305	SECTION 5. This Act takes effect immediately if it receives
306	306	a vote of two-thirds of all the members elected to each house, as
307	307	provided by Section 39, Article III, Texas Constitution. If this
308	308	Act does not receive the vote necessary for immediate effect, this
309	309	Act takes effect September 1, 2025.