Bill Text: TX HB3214 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to the creation of the Waller County Water Control and Improvement District No. 3; 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 [HB3214 Detail]

Download: Texas-2019-HB3214-Enrolled.html
 
 
  H.B. No. 3214
 
 
 
 
AN ACT
  relating to the creation of the Waller County Water Control and
  Improvement District No. 3; 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 I, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 9085 to read as follows:
  CHAPTER 9085. WALLER COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
  NO. 3
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 9085.0101.  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 Water Control
  and Improvement District No. 3.
         Sec. 9085.0102.  NATURE OF DISTRICT.  The district is a water
  control and improvement district created under Section 59, Article
  XVI, Texas Constitution.
         Sec. 9085.0103.  CONFIRMATION AND DIRECTORS' 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. 9085.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section
  9085.0103 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. 9085.0105.  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 water control and improvement district as
  provided by general law and Section 59, Article XVI, Texas
  Constitution, including the collection, transportation,
  processing, disposal, and control of domestic, industrial, or
  communal waste and the gathering, conducting, diverting, and
  control of local storm water or other harmful excesses of water; 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. 9085.0106.  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. 9085.0201.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 9085.0202, directors
  serve staggered four-year terms.
         Sec. 9085.0202.  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 9085.0103; 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 9085.0103 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 9085.0103; 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. 9085.0301.  GENERAL POWERS AND DUTIES.  The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 9085.0302.  WATER CONTROL AND IMPROVEMENT DISTRICT
  POWERS AND DUTIES.  The district has the powers and duties provided
  by the general law of this state applicable to water control and
  improvement districts created under Section 59, Article XVI, Texas
  Constitution, including Chapters 49 and 51, Water Code, and
  specifically including the powers and duties authorized under
  Subchapter H, Chapter 51, Water Code.
         Sec. 9085.0303.  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. 9085.0304.  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. 9085.0305.  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 42.042 or 42.0425, Local Government Code, and
  consents to the creation of the district or to the inclusion of land
  in the district.
         Sec. 9085.0306.  LIMITATION ON USE OF EMINENT DOMAIN. The
  district may not exercise the power of eminent domain outside the
  district boundaries to acquire a site or easement for:
               (1)  a recreational facility, as defined by Section
  49.462, Water Code; or
               (2)  a road project authorized by Section 9085.0303.
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 9085.0401.  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 9085.0403.
         (b)  The district must hold an election in the manner
  provided by Chapters 49 and 51, 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. 9085.0402.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 9085.0401, 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. 9085.0403.  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. 9085.0501.  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. 9085.0502.  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 Chapter 51, Water Code.
         Sec. 9085.0503.  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.
         Sec. 9085.0504.  BONDS FOR RECREATIONAL FACILITIES. (a)  
  The district may develop recreational facilities and issue bonds
  for recreational facilities as provided by Chapter 49, Water Code,
  regardless of whether the district's territory overlaps with the
  territory of a political subdivision that is authorized to develop
  recreational facilities and issue bonds for recreational
  facilities under Chapter 49, Water Code.
         (b)  The authority of the district to develop recreational
  facilities and issue bonds for recreational facilities under this
  section does not limit the authority of another political
  subdivision whose territory the territory of the district may
  overlap, wholly or partly, to develop recreational facilities and
  issue bonds for recreational facilities under Chapter 49, Water
  Code.
         SECTION 2.  The Waller County Water Control and Improvement
  District No. 3 initially includes all the territory contained in
  the following area:
         A metes & bounds description of a certain 3,791 acre
  (165,143,925 square feet) tract of land situated in the W.
  McCutchen (H. & T.C. R.R. Co.) Survey, Abstract No. 312, H. & T.C.
  R.R. Co. Survey, Abstract No. 145, W. McCutchen (H. & T.C. R.R. Co.)
  Survey, Abstract No. 315, H. & T.C. R.R. Co. Survey, Abstract
  No. 193, W. McCutchen (H. & T.C. R.R. Co.) Survey, Abstract
  No. 309, H. & T.C. R.R. Co. Survey, Abstract No. 192, H. & T.C. R.R.
  Co. Survey, Abstract No. 188, J. McCutchen (H. & T.C. R.R. Co.)
  Survey, Abstract No. 307, and the E. Wright (H. & T. R.R. Co.)
  Survey, Abstract No. 381 in Waller County, Texas, being all of a
  called 640 acre tract conveyed to Margaret Sager Pfeffer Estate
  Trust by Deed recorded in Volume 271, Page 308, Waller County Deed
  Records, being all of a called 640 acre tract conveyed to Adolph and
  Noelie Pfeffer Family Partnership One, Ltd. and Adolph and Noelie
  Pfeffer Family Partnership Two, Ltd. by Special Warranty Deed
  recorded in Volume 1284, Page 133, Waller Official Public Records
  of Real Property, being all of a called 823.996 acre tract conveyed
  to Adolph A. Pfeffer Sr., Trustee, of the Margaret Sager Pfeffer
  Estate Trust by Warranty Deed recorded in Volume 297, Page 825,
  Waller County Deed Records, being all of a called 320 acre tract
  conveyed to Cochran Road Partners, LLC by Special Warranty Deed
  recorded in Volume 1212, Page 399, Waller County Deed Records,
  being all of a called 640 acre tract conveyed to Cochran Road
  Partners, LLC by Special Warranty Deed recorded in Volume 1212,
  Page 399, Waller County Deed Records, being all of a called 152 acre
  tract conveyed to Cochran Road Partners, LLC by Special Warranty
  Deed recorded in Volume 1212, Page 399, Waller County Official
  Public Records of Real Property, being all of a called 80.741 acre
  tract conveyed to Adolph A. Pfeffer, Jr., Trustee, of the Margaret
  Sager Pfeffer Estate Trust by Warranty Deed recorded in Volume 570,
  Page 822, Waller County Deed Records, being all of a called 40 acre
  (Tract 6) tract conveyed to Adolph Pfeffer by Deed recorded in
  Volume 350, Page 5, Waller County Deed Records, being all of a
  called 40 acre (Tract 7) tract conveyed to Adolph Pfeffer by Deed
  recorded in Volume 350, Page 5, Waller County Deed Records, being
  all of a called 119.5 acre (being 159.5 acres less 40 acres) tract
  conveyed to Adolph Pfeffer by Deed recorded in Volume 350, Page 5,
  Waller County Deed Records, being all of Lot 6 (called Tract 1)
  conveyed to Adolph Pfeffer by Partition Deed recorded in Volume
  350, Page 5, Waller County Deed Records, being all of Lot 7 (called
  Tract 2) conveyed to Adolph Pfeffer by Partition Deed recorded in
  Volume 350, Page 5, Waller County Deed Records, being all of Lot 8
  (called Tract 3) conveyed to Adolph Pfeffer by Partition Deed
  recorded in Volume 350, Page 5, Waller County Deed Records, being
  all of Lot 9 (called Tract 4) conveyed to Adolph Pfeffer by
  Partition Deed recorded in Volume 350, Page 5, Waller County Deed
  Records, being the residue of a called 20.00 acre tract conveyed to
  Adolph A. Pfeffer by Special Warranty Deed recorded in Volume 1109,
  Page 001, Waller County Official Public Records of Real Property,
  and being a portion of tracts conveyed to Adolph A. Pfeffer by deed
  recorded in Volume 119, Page 113 Waller County Deed Records; said
  3,791-acre (165,143,925 square feet) tract of land being more
  particularly described as follows with all bearings being based on
  the Texas Coordinate System, South Central Zone, NAD 83:
         BEGINNING at a point being the southeast corner of said
  called 640 acre tract conveyed to Margaret Sager Pfeffer Estate
  Trust;
         THENCE, North 90°00'00" West, 5,280.00 feet to a point for a
  corner being the southwest corner of said called 640 acre tract
  conveyed to Margaret Sager Pfeffer Estate Trust;
         THENCE, North 00°00'00" West, 2,640.00 feet to a point for
  corner being in the west line of said called 640 acre tract conveyed
  to Margaret Sager Pfeffer Estate Trust and being the southeast
  corner of said called 320 acre tract;
         THENCE, North 90°00'00" West, 5,280.00 feet to a point for
  corner being the southwest corner of said called 320 acre tract;
         THENCE, North 00°00'00" East, 2,728.33 feet to a point for
  corner being the northwest corner of said called 320 acre tract,
  being the southwest corner of said called 640 acre tract conveyed to
  Cochran Road Partners, LLC, and being the southeast corner of said
  called Volume 119, Page 113;
         THENCE, North 90°00'00" West, 761.11 feet to a point for
  corner being in the south line of said called Volume 119, Page 113;
         THENCE, South 89°36'31" West, 1,319.30 feet to a point for
  corner being the southwest corner of said called Volume 119, Page
  113 and being the southeast corner of said called 80.741 acre tract;
         THENCE, North 89°37'42" West, 1,843.37 feet to a point for
  corner being the southwest corner of said called residue of a called
  20.00 acre tract;
         THENCE, North 00°22'16" East, 1,105.28 feet to a point for
  corner being in the west line of said called residue of a called 20
  acre tract;
         THENCE, South 89°37'43" East, 500.54 feet to a point for
  corner being in the west line of said called 80.741 acre tract and
  being in the east line of said called residue of a called 20.00 acre
  tract;
         THENCE, North 01°24'32" West, 391.93 feet to a point for
  corner being in the west line of said called 80.741 acre tract and
  being in the east line of said called residue of a called 20.00 acre
  tract;
         THENCE, North 01°16'47" East, 33.21 feet to a point for corner
  being in the west line of said called 80.741 acre tract and being in
  the east line of said called residue of a called 20.00 acre tract;
         THENCE, North 89°37'43" West, 488.89 feet to a point for
  corner being in the west line of said called residue of a called
  20.00 acre tract;
         THENCE, North 00°22'21" East, 189.43 feet to a point for
  corner being the northwest corner of said called residue of a called
  20.00 acre tract;
         THENCE, South 89°37'43" East, 491.89 feet to a point for
  corner being in the west line of said called 80.741 acre tract and
  being the northeast corner of said called residue of a called 20.00
  acre tract;
         THENCE, North 01°16'47" East, 926.49 feet to a point for
  corner being the northwest corner of said called 80.741 acre tract
  and being the most northerly southwest corner of said called Volume
  119, Page 113;
         THENCE, North 00°00'00" West, 1,223.80 feet to a point for
  corner being the southeast corner of said called Tract 6 and being
  in the west line of said called Volume 119, Page 113;
         THENCE, North 90°00'00" West, 2,638.89 feet to a point for
  corner being the southwest corner of said called Tract 7;
         THENCE, North 00°00'00" West, 1,322.22 feet to a point for
  corner being the northwest corner of said called Tract 7;
         THENCE, North 90°00'00" East, 530.56 feet to a point for
  corner being in the north line of said called Tract 7 and being the
  southwest corner of said called 119.5 acre tract;
         THENCE, North 00°00'00" West, 2,516.67 feet to a point for
  corner being the northwest corner of said called 119.5 acre tract;
         THENCE, North 89°54'50" East, 2,773.34 feet to a point for
  corner being the northeast corner of said called 119.5 acre tract,
  being the southwest corner of said called Lot 6, and being the
  northwest corner of said called Lot 7;
         THENCE, North 00°00'00" West, 840.28 feet to a point for
  corner being the northwest corner of said called Lot 6;
         THENCE, North 90°00'00" East, 2,735.00 feet to a point for
  corner being the northeast corner of said called Lot 6;
         THENCE, South 00°00'00" West, 869.44 feet to a point for
  corner being the southeast corner of said called Lot 6, being the
  northeast corner of said called Lot 7, and being the northwest
  corner of said called 152 acre tract;
         THENCE, North 90°00'00" East, 2,657.30 feet to a point for
  corner being the northeast corner of said called 152 acre tract;
         THENCE, South 00°00'00" East, 2,491.67 feet to a point for
  corner being the southeast corner of said called 152 acre tract and
  being in the north line of said called 640 acre tract conveyed to
  Cochran Road Partners, LLC;
         THENCE, North 90°00'00" East, 2,622.70 feet to a point for
  corner being the northeast corner of said called 640 acre tract
  conveyed to Cochran Road Partners, LLC, being the northwest corner
  of said called 640 acre tract conveyed to Adolph and Noelie Pfeffer
  Family Partnership One, Ltd. and Adolph and Noelie Pfeffer Family
  Partnership Two, Ltd., and being the southwest corner of said
  called 823.996 acre tract;
         THENCE, North 00°04'31" East, 4,548.22 feet to a point for
  corner being in the west line of said called 823.996 acre tract;
         THENCE, North 11°22'24" West, 128.93 feet to a point for
  corner being in the west line of said called 823.996 acre tract;
         THENCE, North 00°21'45" East, 459.44 feet to a point for
  corner being the northwest corner of said called 823.996 acre
  tract;
         THENCE, South 89°56'04" East, 2,814.86 feet to a point for
  corner being the most northerly northeast corner of said called
  823.996 acre tract;
         THENCE, South 16°12'54" East, 1,715.81 feet to a point being
  an interior corner of said called 823.996 acre tract;
         THENCE, South 81°28'25" E, 2,000.00 feet to a point for corner
  being the most southerly northeast corner of said called 823.996
  acre tract;
         THENCE, South 00°06'10" East, 13,746.77 feet to the POINT OF
  BEGINNING, CONTAINING 3,791 acres (165,143,925 square feet) of land
  in Waller County, Texas filed in the office of Manhard Consulting,
  Ltd. in The Woodlands, Texas.
         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) Section 9085.0306, Special District Local
  Laws Code, as added by Section 1 of this Act, takes effect only if
  this Act receives a two-thirds vote of all the members elected to
  each house.
         (b)  If this Act does not receive a two-thirds vote of all the
  members elected to each house, Subchapter C, Chapter 9085, Special
  District Local Laws Code, as added by Section 1 of this Act, is
  amended by adding Section 9085.0306 to read as follows:
         Sec. 9085.0306.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
         (c)  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. 3214 was passed by the House on May 3,
  2019, by the following vote:  Yeas 125, Nays 15, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 3214 was passed by the Senate on May
  21, 2019, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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