Texas 2025 - 89th Regular

Texas Senate Bill SB3030 Compare Versions

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Old	New	Differences
1	1	89R12608 JBD-F
2	2	By: Zaffirini S.B. No. 3030
3	3
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5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Travis County Municipal Utility
10	10	District No. 40; 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 8014A to read as follows:
16	16	CHAPTER 8014A. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 40
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 8014A.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 Travis County Municipal
24	24	Utility District No. 40.
25	25	Sec. 8014A.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. 8014A.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. 8014A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
33	33	temporary directors may not hold an election under Section
34	34	8014A.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	general law.
39	39	Sec. 8014A.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. 8014A.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. 8014A.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 8014A.0202, directors
65	65	serve staggered four-year terms.
66	66	Sec. 8014A.0202. TEMPORARY DIRECTORS. (a) On or after the
67	67	effective date of the Act enacting this chapter, the owner or owners
68	68	of a majority of the assessed value of the real property in the
69	69	district may submit a petition to the commission requesting that
70	70	the commission appoint as temporary directors the five persons
71	71	named in the petition. The commission shall appoint as temporary
72	72	directors the five persons named in the petition.
73	73	(b) Temporary directors serve until the earlier of:
74	74	(1) the date permanent directors are elected under
75	75	Section 8014A.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 8014A.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 8014A.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. 8014A.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. 8014A.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. 8014A.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. 8014A.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. 8014A.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	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
130	130	Sec. 8014A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
131	131	The district may issue, without an election, bonds and other
132	132	obligations secured by:
133	133	(1) revenue other than ad valorem taxes; or
134	134	(2) contract payments described by Section
135	135	8014A.0403.
136	136	(b) The district must hold an election in the manner
137	137	provided by Chapters 49 and 54, Water Code, to obtain voter approval
138	138	before the district may impose an ad valorem tax or issue bonds
139	139	payable from ad valorem taxes.
140	140	(c) The district may not issue bonds payable from ad valorem
141	141	taxes to finance a road project unless the issuance is approved by a
142	142	vote of a two-thirds majority of the district voters voting at an
143	143	election held for that purpose.
144	144	Sec. 8014A.0402. OPERATION AND MAINTENANCE TAX. (a) If
145	145	authorized at an election held under Section 8014A.0401, the
146	146	district may impose an operation and maintenance tax on taxable
147	147	property in the district in accordance with Section 49.107, Water
148	148	Code.
149	149	(b) The board shall determine the tax rate. The rate may not
150	150	exceed the rate approved at the election.
151	151	Sec. 8014A.0403. CONTRACT TAXES. (a) In accordance with
152	152	Section 49.108, Water Code, the district may impose a tax other than
153	153	an operation and maintenance tax and use the revenue derived from
154	154	the tax to make payments under a contract after the provisions of
155	155	the contract have been approved by a majority of the district voters
156	156	voting at an election held for that purpose.
157	157	(b) A contract approved by the district voters may contain a
158	158	provision stating that the contract may be modified or amended by
159	159	the board without further voter approval.
160	160	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
161	161	Sec. 8014A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
162	162	OBLIGATIONS. The district may issue bonds or other obligations
163	163	payable wholly or partly from ad valorem taxes, impact fees,
164	164	revenue, contract payments, grants, or other district money, or any
165	165	combination of those sources, to pay for any authorized district
166	166	purpose.
167	167	Sec. 8014A.0502. TAXES FOR BONDS. At the time the district
168	168	issues bonds payable wholly or partly from ad valorem taxes, the
169	169	board shall provide for the annual imposition of a continuing
170	170	direct ad valorem tax, without limit as to rate or amount, while all
171	171	or part of the bonds are outstanding as required and in the manner
172	172	provided by Sections 54.601 and 54.602, Water Code.
173	173	Sec. 8014A.0503. BONDS FOR ROAD PROJECTS. At the time of
174	174	issuance, the total principal amount of bonds or other obligations
175	175	issued or incurred to finance road projects and payable from ad
176	176	valorem taxes may not exceed one-fourth of the assessed value of the
177	177	real property in the district.
178	178	SECTION 2. The Travis County Municipal Utility District
179	179	No. 40 initially includes all the territory contained in the
180	180	following area:
181	181	TRACT 1:
182	182	Being 21.95 acres of land, more or less, out of the Augustus
183	183	Kincheloe Survey, Abstract No. 457, Travis County, Texas, being a
184	184	portion of that tract conveyed to Stermaster Properties, LLC, by
185	185	deed recorded in Document No. 2021100283, Official Public Records,
186	186	Travis County, Texas, as surveyed on the ground by Texas Land
187	187	Surveying, Inc. on June 15th, 2021, and further described by metes
188	188	and bounds as follows:
189	189	BEGINNING at a 1/2 inch iron rod found in concrete in the
190	190	south line of FM 1327, marking the northeast corner of a tract
191	191	conveyed to Irma May A. Fernandez De Leon, by deed recorded in
192	192	Document No. 2018086771, of said Official Public Records, for the
193	193	northwest corner of said Stermaster tract and this tract;
194	194	THENCE: N 73°42'42" E, 799.30 feet with the south line of said
195	195	FM 1327 and the north line of said Stermaster tract to a 1/2 inch
196	196	iron rod with pink cap stamped "TLS" set, for the northeast corner
197	197	of this tract, from which a 1/2 inch iron rod found in concrete,
198	198	marking the northwest corner of a tract conveyed to Clifford Gus
199	199	Graef, by deed recorded in Volume 7303, Page 323, Deed Records,
200	200	Travis County, Texas, also marking the northeast corner of said
201	201	Stermaster tract, bears N 73°42'42" E, 680.61 feet;
202	202	THENCE: S 46°59'48" E, 1204.37 feet into and across said
203	203	Stermaster tract to a 1/2 inch iron rod with pink cap stamped "TLS"
204	204	set in the north line of a tract conveyed to Michelle Dimanoff, by
205	205	deed recorded in Document No. 2018193755, of said Official Public
206	206	Records and the south line of said Stermaster tract, for the
207	207	southeast corner of this tract, from which a 1/2 inch iron rod found
208	208	in the west line of said Graef tract, marking the northeast corner
209	209	of said Dimanoff tract, also marking the southeast corner of said
210	210	Stermaster tract, bears N 43°00'13" E, 588.93 feet;
211	211	THENCE: S 43°00'13" W, 672.86 feet with the north line of said
212	212	Dimanoff tract and the south line of said Stermaster tract to a 1/2
213	213	inch iron rod with pink cap stamped "TLS" found in the north-south
214	214	running north line of Tom Sassman Road, marking the northwest
215	215	corner of said Dimanoff tract, for the southwest corner of said
216	216	Stermaster tract and this tract;
217	217	THENCE: N 47°30'25" W, with the north-south running line of
218	218	said Tom Sassman Road and the west line of said Stermaster tract at
219	219	5.40 feet passing a 1/2 inch iron rod with orange cap stamped "Hayes
220	220	RPLS 5703" found, marking the southeast corner of Maha Creek
221	221	Estates, said plat recorded in Volume 86, Page 45B, Plat Records,
222	222	Travis County, Texas, continuing with the east line of said Maha
223	223	Creek Estates and the west line of said Stermaster tract at 721.47
224	224	feet passing a 1/2 inch iron rod with "Hayes RPLS 5703" found,
225	225	continuing in part with the east line of said Maha Creek Estates and
226	226	with the east line of said Leon tract, and the west line of said
227	227	Stermaster tract in all 1612.61 feet to the Point of Beginning.
228	228	TRACT 2:
229	229	BEING 20.79 ACRES OF LAND OUT OF THE AUGUSTUS KINCHELOE
230	230	SURVEY NUMBER 2, ABSTRACT NUMBER 457, TRAVIS COUNTY, TEXAS, SAME
231	231	BEING ALL OF THAT CERTAIN J.M.T.C.V., LTD 21.9716 ACRE TRACT
232	232	RECORDED IN DOCUMENT NUMBER 2005046836, OFFICIAL PUBLIC RECORDS,
233	233	TRAVIS COUNTY, TEXAS, SAVE AND EXCEPT THAT CERTAIN 0.608 ACRE TRACT
234	234	AND THAT CERTAIN 0.575 ACRE TRACT, BOTH RECORDED IN DOCUMENT
235	235	NUMBERS, 2014186864, 2015054419 AND 2015059567, ALL OF THE OFFICIAL
236	236	PUBLIC RECORDS, TRAVIS COUNTY, TEXAS, SAID 20.79 ACRES OF LAND TO BE
237	237	MORE PARTICULARLY DESCRIBED AS FOLLOWS:
238	238	BEGINNING at an iron rod in the westerly line of that certain
239	239	Clifford Graef 13.6310 acre tract recorded in Volume 5029, Page
240	240	107, Deed Records, said county, at the southeast corner of that
241	241	certain Arlon Wayne Graef 35.87 acre tract recorded in Document
242	242	Number 2016180663, Official Public Records, said county, same being
243	243	the northwest corner of said 21.9716 acre tract, for the northwest
244	244	corner hereof;
245	245	THENCE South 47 degrees 07 minutes 44 seconds East, along the
246	246	westerly line of said 13.6310 acre tract and the northerly line of
247	247	said 21.9716 acre tract, 549.33 feet to an iron rod found in said
248	248	line, at the northwest corner of said 0.608 acre tract, for an angle
249	249	corner in the northerly line hereof;
250	250	THENCE through said 21.9716 acre tract, along the westerly,
251	251	southerly and easterly line of said 0.608 acre tract, the following
252	252	3 calls,
253	253	1. South 66 degrees 24 minutes 26 seconds West, 209.37 feet
254	254	to an iron rod found,
255	255	2. South 26 degrees 19 minutes 46 seconds East, 160.66 feet
256	256	to an iron rod found,
257	257	3. North 48 degrees 22 minutes 41 seconds East, 196.16 feet
258	258	to an iron rod found in the westerly right-of-way line of S. U.S.
259	259	Highway 183, at the northeast corner of said 0.608 acre tract, same
260	260	being in the northerly line of said 21.9716 acre tract, for an angle
261	261	corner in the northerly line hereof;
262	262	THENCE South 04 degrees 15 minutes 32 seconds East, along
263	263	said Highway 183 and the northerly line of said 21.9716 acre tract,
264	264	111.11 feet to an iron rod found at the intersection of said Highway
265	265	183 and the westerly right-of-way line of Tom Sassman Road, same
266	266	being the northeast corner of said 21.9716 acre tract, for the
267	267	northeast corner hereof;
268	268	THENCE South 18 degrees 20 minutes 06 seconds West, along
269	269	said Tom Sassman Road and the easterly line of said 21.9716 acre
270	270	tract, 104.45 feet to an iron rod found in said line, at the
271	271	northwest corner of said 0.575 acre tract, for an angle corner in
272	272	the easterly line hereof;
273	273	THENCE through said 21.9716 acre tract, along the westerly
274	274	and southerly line of said 0.575 acre tract, the following 6 calls,
275	275	1. South 41 degrees 52 minutes 26 seconds West, 245.18 feet
276	276	to an iron rod found,
277	277	2. North 48 degrees 16 minutes 41 seconds West, 67.75 feet
278	278	to an iron rod found,
279	279	3. South 70 degrees 17 minutes 52 seconds West, 150.75 feet
280	280	to an iron rod found,
281	281	4. South 14 degrees 29 minutes 15 seconds East, 100.37 feet
282	282	to an iron rod found,
283	283	5. North 70 degrees 13 minutes 40 seconds East, 85.37 feet
284	284	to an iron rod found,
285	285	6. South 47 degrees 46 minutes 18 seconds East, 39.04 feet
286	286	to an iron rod found in said right-of-way line, at the southeast
287	287	corner of said 0.575 acre tract, same being in the easterly line of
288	288	said 21.9716 acre tract, for an angle corner in the easterly line
289	289	hereof;
290	290	Thence continuing along said right-of-way line and the
291	291	easterly and southerly line of said 21.9716 acre tract, the
292	292	following 4 calls,
293	293	1. South 42 degrees 34 minutes 47 seconds West, 598.66 feet
294	294	to an iron rod found,
295	295	2. South 60 degrees 42 minutes 46 seconds West, 26.42 feet
296	296	to an iron rod set,
297	297	3. South 89 degrees 54 minutes 48 seconds West, 18.83 feet
298	298	to an iron rod found at the southeast corner of said 21.9716 acre
299	299	tract, for the southeast corner hereof,
300	300	4. North 50 degrees 17 minutes 01 seconds West, 774.74 feet
301	301	to a fence corner post found at the northeast corner of Maha Creek
302	302	Estates, a subdivision recorded in Volume 86, Page 45C, Plat
303	303	Records, said county, at the southeast corner of said 35.87 acre
304	304	tract, same being the southwest corner of said 21.9716 acre tract,
305	305	for the southwest corner hereof;
306	306	THENCE North 43 degrees 00 minutes 22 seconds East, along the
307	307	easterly line of said 35.87 acre tract and the westerly line of said
308	308	21.9716 acre tract, 1,261.79 feet to the POINT OF BEGINNING.
309	309	TRACT 3:
310	310	Being 13.88 acres of land, more or less, out of the Augustus
311	311	Kincheloe Survey, Abstract No. 457, Travis County, Texas, being a
312	312	portion of that tract conveyed to Stermaster Properties, LLC, by
313	313	deed recorded in Document No. 2021100283, Official Public Records,
314	314	Travis County, Texas, as surveyed on the ground by Texas Land
315	315	Surveying, Inc. on June 15th, 2021, and further described by metes
316	316	and bounds as follows:
317	317	BEGINNING at a 1/2 inch iron rod found in concrete in the
318	318	south line of FM 1327, marking the northwest corner of a tract
319	319	conveyed to Clifford Gus Graef, by deed recorded in Volume 7303,
320	320	Page 323, of said Deed Records, for the northeast corner of said
321	321	Stermaster tract and this tract, from which a concrete monument
322	322	found, marking the northeast corner of said Graef tract, bears N
323	323	73°43'54" E, 806.93 feet;
324	324	THENCE: S 47°14'51" E, 856.82 feet with the west line of said
325	325	Graef tract and the east line of said Stermaster tract to a 1/2 inch
326	326	iron rod found, marking the northeast corner of a tract conveyed to
327	327	Michelle Dimanoff, by deed recorded in Document No. 2018193755, of
328	328	said Official Public Records, for the southeast corner of said
329	329	Stermaster tract and this tract, from which a 1/2 inch iron rod with
330	330	aluminum cap stamped "TxDOT" found, marking the southwest corner of
331	331	said Graef tract, also marking an angle point of said Dimanoff
332	332	tract, bears S 47°08'02" E, 549.50 feet;
333	333	THENCE: S 43°00'13" W, 588.93 feet with the north line of said
334	334	Dimanoff tract and the south line of said Stermaster tract to a 1/2
335	335	inch iron rod with pink cap stamped "TLS" set, for the southwest
336	336	corner of this tract, from which a 1/2 inch iron rod with pink cap
337	337	stamped "TLS" found in the north-south running north line of Tom
338	338	Sassman Road, marking the northwest corner of said Dimanoff tract,
339	339	also marking the southwest corner of said Stermaster tract, bears S
340	340	43°00'13" W, 672.86 feet;
341	341	THENCE: N 46°59'48" W, 1204.37 feet into and across said
342	342	Stermaster tract to a 1/2 inch iron rod with pink cap stamped "TLS"
343	343	set in the south line of said FM 1327, for the northwest corner of
344	344	this tract, from which a 1/2 inch iron rod found in concrete,
345	345	marking the northeast corner of a tract conveyed to Irma May A.
346	346	Fernandez De Leon, by deed recorded in Document No. 2018086771, of
347	347	said Official Public Records, also marking the northwest corner of
348	348	said Stermaster tract, bears N 73°42'42" E, 799.30 feet;
349	349	THENCE: N 73°42'42" E, 680.61 feet with the south line of said
350	350	FM 1327 and the north line of said Schaarschmidt tract to the Point
351	351	of Beginning.
352	352	SECTION 3. (a) The legal notice of the intention to
353	353	introduce this Act, setting forth the general substance of this
354	354	Act, has been published as provided by law, and the notice and a
355	355	copy of this Act have been furnished to all persons, agencies,
356	356	officials, or entities to which they are required to be furnished
357	357	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
358	358	Government Code.
359	359	(b) The governor, one of the required recipients, has
360	360	submitted the notice and Act to the Texas Commission on
361	361	Environmental Quality.
362	362	(c) The Texas Commission on Environmental Quality has filed
363	363	its recommendations relating to this Act with the governor, the
364	364	lieutenant governor, and the speaker of the house of
365	365	representatives within the required time.
366	366	(d) All requirements of the constitution and laws of this
367	367	state and the rules and procedures of the legislature with respect
368	368	to the notice, introduction, and passage of this Act are fulfilled
369	369	and accomplished.
370	370	SECTION 4. (a) If this Act does not receive a two-thirds
371	371	vote of all the members elected to each house, Subchapter C, Chapter
372	372	8014A, Special District Local Laws Code, as added by Section 1 of
373	373	this Act, is amended by adding Section 8014A.0306 to read as
374	374	follows:
375	375	Sec. 8014A.0306. NO EMINENT DOMAIN POWER. The district may
376	376	not exercise the power of eminent domain.
377	377	(b) This section is not intended to be an expression of a
378	378	legislative interpretation of the requirements of Section 17(c),
379	379	Article I, Texas Constitution.
380	380	SECTION 5. This Act takes effect immediately if it receives
381	381	a vote of two-thirds of all the members elected to each house, as
382	382	provided by Section 39, Article III, Texas Constitution. If this
383	383	Act does not receive the vote necessary for immediate effect, this
384	384	Act takes effect September 1, 2025.