Bill Text: TX HB3209 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the creation of the Waller County Municipal Utility District No. 35; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2019-06-10 - Effective immediately [HB3209 Detail]
Download: Texas-2019-HB3209-Enrolled.html
H.B. No. 3209 |
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relating to the creation of the Waller County Municipal Utility | ||
District No. 35; granting a limited power of eminent domain; | ||
providing authority to issue bonds; providing authority to impose | ||
assessments, fees, and taxes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle F, Title 6, Special District Local Laws | ||
Code, is amended by adding Chapter 8071 to read as follows: | ||
CHAPTER 8071. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 35 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8071.0101. DEFINITIONS. In this chapter: | ||
(1) "Board" means the district's board of directors. | ||
(2) "Commission" means the Texas Commission on | ||
Environmental Quality. | ||
(3) "Director" means a board member. | ||
(4) "District" means the Waller County Municipal | ||
Utility District No. 35. | ||
Sec. 8071.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8071.0103. CONFIRMATION AND DIRECTOR ELECTION | ||
REQUIRED. The temporary directors shall hold an election to | ||
confirm the creation of the district and to elect five permanent | ||
directors as provided by Section 49.102, Water Code. | ||
Sec. 8071.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
8071.0103 until each municipality in whose corporate limits or | ||
extraterritorial jurisdiction the district is located has | ||
consented by ordinance or resolution to the creation of the | ||
district and to the inclusion of land in the district. | ||
Sec. 8071.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. | ||
(a) The district is created to serve a public purpose and benefit. | ||
(b) The district is created to accomplish the purposes of: | ||
(1) a municipal utility district as provided by | ||
general law and Section 59, Article XVI, Texas Constitution; and | ||
(2) Section 52, Article III, Texas Constitution, that | ||
relate to the construction, acquisition, improvement, operation, | ||
or maintenance of macadamized, graveled, or paved roads, or | ||
improvements, including storm drainage, in aid of those roads. | ||
Sec. 8071.0106. INITIAL DISTRICT TERRITORY. (a) The | ||
district is initially composed of the territory described by | ||
Section 2 of the Act enacting this chapter. | ||
(b) The boundaries and field notes contained in Section 2 of | ||
the Act enacting this chapter form a closure. A mistake made in the | ||
field notes or in copying the field notes in the legislative process | ||
does not affect the district's: | ||
(1) organization, existence, or validity; | ||
(2) right to issue any type of bond for the purposes | ||
for which the district is created or to pay the principal of and | ||
interest on a bond; | ||
(3) right to impose a tax; or | ||
(4) legality or operation. | ||
SUBCHAPTER B. BOARD OF DIRECTORS | ||
Sec. 8071.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8071.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 8071.0202. TEMPORARY DIRECTORS. (a) On or after the | ||
effective date of the Act enacting this chapter, the owner or owners | ||
of a majority of the assessed value of the real property in the | ||
district may submit a petition to the commission requesting that | ||
the commission appoint as temporary directors the five persons | ||
named in the petition. The commission shall appoint as temporary | ||
directors the five persons named in the petition. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8071.0103; or | ||
(2) the fourth anniversary of the effective date of | ||
the Act enacting this chapter. | ||
(c) If permanent directors have not been elected under | ||
Section 8071.0103 and the terms of the temporary directors have | ||
expired, successor temporary directors shall be appointed or | ||
reappointed as provided by Subsection (d) to serve terms that | ||
expire on the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8071.0103; or | ||
(2) the fourth anniversary of the date of the | ||
appointment or reappointment. | ||
(d) If Subsection (c) applies, the owner or owners of a | ||
majority of the assessed value of the real property in the district | ||
may submit a petition to the commission requesting that the | ||
commission appoint as successor temporary directors the five | ||
persons named in the petition. The commission shall appoint as | ||
successor temporary directors the five persons named in the | ||
petition. | ||
SUBCHAPTER C. POWERS AND DUTIES | ||
Sec. 8071.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8071.0302. MUNICIPAL UTILITY DISTRICT POWERS AND | ||
DUTIES. The district has the powers and duties provided by the | ||
general law of this state, including Chapters 49 and 54, Water Code, | ||
applicable to municipal utility districts created under Section 59, | ||
Article XVI, Texas Constitution. | ||
Sec. 8071.0303. AUTHORITY FOR ROAD PROJECTS. Under Section | ||
52, Article III, Texas Constitution, the district may design, | ||
acquire, construct, finance, issue bonds for, improve, operate, | ||
maintain, and convey to this state, a county, or a municipality for | ||
operation and maintenance macadamized, graveled, or paved roads, or | ||
improvements, including storm drainage, in aid of those roads. | ||
Sec. 8071.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A | ||
road project must meet all applicable construction standards, | ||
zoning and subdivision requirements, and regulations of each | ||
municipality in whose corporate limits or extraterritorial | ||
jurisdiction the road project is located. | ||
(b) If a road project is not located in the corporate limits | ||
or extraterritorial jurisdiction of a municipality, the road | ||
project must meet all applicable construction standards, | ||
subdivision requirements, and regulations of each county in which | ||
the road project is located. | ||
(c) If the state will maintain and operate the road, the | ||
Texas Transportation Commission must approve the plans and | ||
specifications of the road project. | ||
Sec. 8071.0305. COMPLIANCE WITH MUNICIPAL CONSENT | ||
ORDINANCE OR RESOLUTION. The district shall comply with all | ||
applicable requirements of any ordinance or resolution that is | ||
adopted under Section 54.016 or 54.0165, Water Code, and that | ||
consents to the creation of the district or to the inclusion of land | ||
in the district. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8071.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) | ||
The district may issue, without an election, bonds and other | ||
obligations secured by: | ||
(1) revenue other than ad valorem taxes; or | ||
(2) contract payments described by Section 8071.0403. | ||
(b) The district must hold an election in the manner | ||
provided by Chapters 49 and 54, Water Code, to obtain voter approval | ||
before the district may impose an ad valorem tax or issue bonds | ||
payable from ad valorem taxes. | ||
(c) The district may not issue bonds payable from ad valorem | ||
taxes to finance a road project unless the issuance is approved by a | ||
vote of a two-thirds majority of the district voters voting at an | ||
election held for that purpose. | ||
Sec. 8071.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8071.0401, the | ||
district may impose an operation and maintenance tax on taxable | ||
property in the district in accordance with Section 49.107, Water | ||
Code. | ||
(b) The board shall determine the tax rate. The rate may not | ||
exceed the rate approved at the election. | ||
Sec. 8071.0403. CONTRACT TAXES. (a) In accordance with | ||
Section 49.108, Water Code, the district may impose a tax other than | ||
an operation and maintenance tax and use the revenue derived from | ||
the tax to make payments under a contract after the provisions of | ||
the contract have been approved by a majority of the district voters | ||
voting at an election held for that purpose. | ||
(b) A contract approved by the district voters may contain a | ||
provision stating that the contract may be modified or amended by | ||
the board without further voter approval. | ||
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS | ||
Sec. 8071.0501. AUTHORITY TO ISSUE BONDS AND OTHER | ||
OBLIGATIONS. The district may issue bonds or other obligations | ||
payable wholly or partly from ad valorem taxes, impact fees, | ||
revenue, contract payments, grants, or other district money, or any | ||
combination of those sources, to pay for any authorized district | ||
purpose. | ||
Sec. 8071.0502. TAXES FOR BONDS. At the time the district | ||
issues bonds payable wholly or partly from ad valorem taxes, the | ||
board shall provide for the annual imposition of a continuing | ||
direct ad valorem tax, without limit as to rate or amount, while all | ||
or part of the bonds are outstanding as required and in the manner | ||
provided by Sections 54.601 and 54.602, Water Code. | ||
Sec. 8071.0503. BONDS FOR ROAD PROJECTS. At the time of | ||
issuance, the total principal amount of bonds or other obligations | ||
issued or incurred to finance road projects and payable from ad | ||
valorem taxes may not exceed one-fourth of the assessed value of the | ||
real property in the district. | ||
SECTION 2. The Waller County Municipal Utility District No. | ||
35 initially includes all the territory contained in the following | ||
area: | ||
A metes & bounds description of a 696.27 acre tract of land in | ||
the Fred Eule Survey, Abstract 375, the H. & T. C. Railroad Company | ||
Survey Section 129, Abstract 204, and the W. I. Williamson Survey, | ||
Abstract 410, Waller County, Texas, being comprised of a portion of | ||
that certain called 1,263.584 acre tract recorded in Volume 449, | ||
Page 312, Deed Records, Waller County, Texas, and a portion of that | ||
certain called 0.673 acre tract recorded in Volume 449, Page 508, | ||
Deed Records, Waller County, Texas, with all bearings based upon | ||
the Texas Coordinate System of 1983, South Central Zone, based upon | ||
GPS observations. | ||
Beginning at the southwest corner of said H. & T. C. Railroad | ||
Company Survey Section 129, Abstract 204, same being the southeast | ||
corner of said Fred Eule Survey, Abstract 375, for an angle point in | ||
the south line and the Point of Beginning of the herein described | ||
tract, said point also being the northwest corner of the adjoining | ||
J. W. McCutcheon Survey, Abstract 308, and the northeast corner of | ||
the adjoining H. & T. C. Railroad Company Survey Section 121, | ||
Abstract 201, and being an angle point in the north line of the | ||
adjoining residue of a called 1,277.0358 acre tract recorded in | ||
Volume 313, Page 416, Deed Records, Waller County, Texas; | ||
Thence South 87 degrees 59 minutes 38 seconds West along the | ||
south line of the herein described tract and the south line of said | ||
Fred Eule Survey, Abstract 375, same being the north line of said | ||
adjoining H. & T. C. Railroad Company Survey Section 121, Abstract | ||
201, 2,621.09 feet to the southwest corner of the herein described | ||
tract and said called 1,263.584 acre tract, same being the | ||
southeast corner of an adjoining called 162.614 acre tract recorded | ||
under County Clerk's File Number 1700518, Official Records, Waller | ||
County, Texas; | ||
Thence North 01 degree 56 minutes 12 seconds West along the | ||
west line of the herein described tract, same being the east line of | ||
said adjoining called 162.614 acre tract, 2,657.26 feet to an angle | ||
point, said point being the northeast corner of said adjoining | ||
called 162.614 acre tract, same being the southeast corner of an | ||
adjoining called 4.00 acre tract recorded in Volume 1101, Page 526, | ||
Official Records, Waller County, Texas; | ||
Thence North 01 degree 59 minutes 04 seconds West along the | ||
west line of the herein described tract, same being the east line of | ||
said adjoining called 4.00 acre tract, the east line of an adjoining | ||
called 5.00 acre tract recorded in Volume 419, Page 367, Deed | ||
Records, Waller County, Texas, the east line of an adjoining called | ||
5.00 acre tract recorded in Volume 396, Page 104, Deed Records, | ||
Waller County, Texas, the east line of an adjoining called 6.000 | ||
acre tract recorded in Volume 1361, Page 796, Official Records, | ||
Waller County, Texas, and the east line of an adjoining called 10.00 | ||
acre tract recorded in Volume 1020, Page 776, Official Records, | ||
Waller County, Texas, 2,624.91 feet to the lower northwest corner | ||
of the herein described tract and said called 1,263.584 acre tract, | ||
said point being in the north line of said Fred Eule Survey, | ||
Abstract 375, same being the south line of the adjoining H. & T. C. | ||
Railroad Company Survey Section 119, Abstract 200, as located in | ||
Beckendorff Road, said point being the southeast corner of an | ||
adjoining tract recorded in Volume 0995, Page 461, Official | ||
Records, Waller County, Texas, same being the southwest corner of | ||
an adjoining called 19.0983 acre tract recorded in Volume 1181, | ||
Page 588, Official Records, Waller County, Texas; | ||
Thence North 88 degrees 01 minute 40 seconds East along the | ||
lower north line of the herein described tract and said called | ||
1,263.584 acre tract, and the north line of said Fred Eule Survey, | ||
Abstract 375, same being the south line of said adjoining H. & T. C. | ||
Railroad Company Survey Section 119, Abstract 200, as located in | ||
Beckendorff Road, and along the south line of said adjoining called | ||
19.0983 acre tract, the south line of an adjoining called 19.098 | ||
acre tract recorded in Volume 686, Page 894, Official Records, | ||
Waller County, Texas, and the south line of an adjoining called | ||
19.0984 acre tract recorded in Volume 657, Page 415, Official | ||
Records, Waller County, Texas, 2,585.25 feet to a reentry corner to | ||
the herein described tract and said called 1,263.584 acre tract, | ||
said point being the southeast corner of said adjoining H. & T. C. | ||
Railroad Company Survey Section 119, Abstract 200, the southwest | ||
corner of said W. I. Williamson Survey, Abstract 410, the northwest | ||
corner of said H. & T. C. Railroad Company Survey Section 129, | ||
Abstract 204, and the northeast corner of said Fred Eule Survey, | ||
Abstract 375; | ||
Thence North 02 degrees 16 minutes 26 seconds West along the | ||
upper west line of the herein described tract and said called | ||
1,263.584 acre tract, and the west line of said W. I. Williamson | ||
Survey, Abstract 410, same being the east line of said adjoining H. & | ||
T. C. Railroad Company Survey Section 119, Abstract 200, and being | ||
along the east line of said adjoining called 19.0984 acre tract, the | ||
east line of an adjoining called 35.3053 acre tract recorded in | ||
Volume 994, Page 833, Official Records, Waller County, Texas, the | ||
east line of an adjoining called 31.987 acre tract recorded in | ||
Volume 757, Page 834, Official Records, Waller County, Texas, and | ||
the east line of an adjoining called 50 acre tract recorded in | ||
Volume 314, Page 159, Deed Records, Waller County, Texas, 2,654.17 | ||
feet to the upper northwest corner of the herein described tract and | ||
the northwest corner of the aforementioned called 0.673 acre tract, | ||
said point being the northwest corner of said W. I. Williamson | ||
Survey, Abstract 410, same being the southwest corner of the | ||
adjoining W. C. Pitts Survey, Abstract 411, and the southwest | ||
corner of an adjoining called 0.652 acre tract recorded in Volume | ||
1094, Page 575, Official Records, Waller County, Texas; | ||
Thence North 88 degrees 01 minute 17 seconds East along the | ||
north line of the herein described tract, the north line of said | ||
called 0.673 acre tract, and the north line of said W. I. Williamson | ||
Survey, Abstract 410, same being the south line of said adjoining W. | ||
C. Pitts Survey, Abstract 411, the south line of said adjoining | ||
called 0.652 acre tract, and the south line of an adjoining called | ||
57.3029 acre tract recorded in Volume 619, Page 220, Official | ||
Records, Waller County, Texas, 960.90 feet to the intersection of | ||
said line with the Waller-Harris County line for the northeast | ||
corner of the herein described tract; | ||
Thence South 18 degrees 54 minutes 19 seconds East along the | ||
Waller-Harris County line, 8,291.16 feet to the intersection of | ||
said line with the south line of the aforementioned H. & T. C. | ||
Railroad Company Survey Section 129, Abstract 204, for the | ||
southeast corner of the herein described tract, said point being in | ||
the south line of said called 1,263.584 acre tract, same being the | ||
north line of the aforementioned adjoining J. W. McCutcheon Survey | ||
Section 130, Abstract 308, and the north line of the aforementioned | ||
adjoining residue of a called 1,277.0358 acre tract recorded in | ||
Volume 313, Page 416, Deed Records, Waller County, Texas; | ||
Thence South 87 degrees 58 minutes 25 seconds West along the | ||
south line of the herein described tract and said H. & T. C. | ||
Railroad Company Survey Section 129, Abstract 204, same being the | ||
north line of said adjoining J. W. McCutcheon Survey Section 130, | ||
Abstract 308, and the north line of said adjoining residue of a | ||
called 1,277.0358 acre tract, 3,327.01 feet to the southwest corner | ||
of said H. & T. C. Railroad Company Survey Section 129, Abstract | ||
204, same being the southeast corner of the aforementioned Fred | ||
Eule Survey, Abstract 375; | ||
Thence North 02 degrees 20 minutes 57 seconds West along the | ||
west line of said H. & T. C. Railroad Company Survey Section 129, | ||
Abstract 204, same being the east line of said Fred Eule Survey, | ||
Abstract 375, 53.43 feet to the southeast corner of an adjoining | ||
called 10.00 acre tract recorded in Volume 200, Page 118, Deed | ||
Records, Waller County, Texas; | ||
Thence along the common line of the herein described tract | ||
and said adjoining called 10.00 acre tract with the following | ||
courses and distances: | ||
North 02 degrees 20 minutes 57 seconds West, 660.00 feet; | ||
South 87 degrees 29 minutes 25 seconds West, 660.00 feet; | ||
South 02 degrees 20 minutes 57 seconds East, 660.00 feet; | ||
North 87 degrees 29 minutes 25 seconds East, 660.00 feet to | ||
the southeast corner of said adjoining called 10.00 acre tract, | ||
said point being in the east line of said Fred Eule Survey, Abstract | ||
375, same being the west line of said H. & T. C. Railroad Company | ||
Survey Section 129, Abstract 204; | ||
Thence South 02 degrees 20 minutes 57 seconds East along the | ||
east line of said Fred Eule Survey, Abstract 375, same being the | ||
west line of said H. & T. C. Railroad Company Survey Section 129, | ||
Abstract 204, 53.43 feet to the Point of Beginning and containing | ||
696.27 acres of land, more or less. | ||
SECTION 3. (a) The legal notice of the intention to | ||
introduce this Act, setting forth the general substance of this | ||
Act, has been published as provided by law, and the notice and a | ||
copy of this Act have been furnished to all persons, agencies, | ||
officials, or entities to which they are required to be furnished | ||
under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
Government Code. | ||
(b) The governor, one of the required recipients, has | ||
submitted the notice and Act to the Texas Commission on | ||
Environmental Quality. | ||
(c) The Texas Commission on Environmental Quality has filed | ||
its recommendations relating to this Act with the governor, the | ||
lieutenant governor, and the speaker of the house of | ||
representatives within the required time. | ||
(d) All requirements of the constitution and laws of this | ||
state and the rules and procedures of the legislature with respect | ||
to the notice, introduction, and passage of this Act are fulfilled | ||
and accomplished. | ||
SECTION 4. (a) If this Act does not receive a two-thirds | ||
vote of all the members elected to each house, Subchapter C, Chapter | ||
8071, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8071.0306 to read as follows: | ||
Sec. 8071.0306. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
(b) This section is not intended to be an expression of a | ||
legislative interpretation of the requirements of Section 17(c), | ||
Article I, Texas Constitution. | ||
SECTION 5. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 3209 was passed by the House on May 3, | ||
2019, by the following vote: Yeas 123, Nays 17, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 3209 was passed by the Senate on May | ||
21, 2019, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |