Bill Text: TX SB2012 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the creation of the Waller County Municipal Utility District No. 22; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (N/A - Dead) 2015-04-29 - Committee report printed and distributed [SB2012 Detail]
Download: Texas-2015-SB2012-Comm_Sub.html
By: Kolkhorst | S.B. No. 2012 | |
(In the Senate - Filed March 23, 2015; March 30, 2015, read | ||
first time and referred to Committee on Intergovernmental | ||
Relations; April 29, 2015, reported favorably by the following | ||
vote: Yeas 7, Nays 0; April 29, 2015, sent to printer.) | ||
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relating to the creation of the Waller County Municipal Utility | ||
District No. 22; 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 7919 to read as follows: | ||
CHAPTER 7919. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 22 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7919.001. 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. 22. | ||
Sec. 7919.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7919.003. 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. 7919.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 7919.003 | ||
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. 7919.005. 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. 7919.006. 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. 7919.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 7919.052, directors serve | ||
staggered four-year terms. | ||
Sec. 7919.052. 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 7919.003; 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 7919.003 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 7919.003; 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. 7919.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7919.102. 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. 7919.103. 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. 7919.104. 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. 7919.105. 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. 7919.151. 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 7919.153. | ||
(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. 7919.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7919.151, 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. 7919.153. 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. 7919.201. 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. 7919.202. 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. 7919.203. 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. | ||
22 initially includes all the territory contained in the following | ||
area: | ||
Being a 524.55 acre tract of land in the W. Hillhouse Survey, | ||
Abstract 136, Waller County, Texas, the F.L. Smith Survey, Abstract | ||
252, Waller County, Texas, the D. Warren Survey, Abstract 394, | ||
Waller County, Texas, the W. Rogerson Survey, Abstract 245, Waller | ||
County, Texas, the R. Watson Survey, Abstract 271, Waller County, | ||
being out of a called 2023.4232 acre tract of land as recorded under | ||
Volume 883, Page 590 of the Real Property Records Waller County, and | ||
Montgomery County Clerk's File No. 2005-063061. Said 524.55 acre | ||
tract, being more particularly described as follows: | ||
BEGINNING at a fence corner for the northeasterly corner of a | ||
called 229.0 acre tract of land as recorded in Volume 72, Page 124 | ||
of the Deed records of Waller County, Texas, also being the | ||
southerly line of a 300.0 acre tract of land as recorded in Volume | ||
72, Page 124 of the Deed Records of Waller County, Texas and being a | ||
northwesterly corner of herein described tract; | ||
THENCE N 87 deg. 06' 38" E along the southerly line of said | ||
300.0 acre tract, a distance of 1331.72 feet to a 2" iron pipe for a | ||
southeasterly corner of said 300.0 acre tract, and being a | ||
northwesterly corner of herein described tract; | ||
THENCE N 03 deg. 25' 19" W along the easterly line of said | ||
300.0 acre tract, a distance of 511.73 feet to a 2" iron pipe found | ||
on the easterly line of said 300.0 acre tract, also being the | ||
southwesterly corner of a 20.0 acre tract as recorded in Volume | ||
1395, Page 146, of the Deed Records of Waller County, Texas and | ||
being a corner of herein described tract; | ||
THENCE N 86 deg. 50' 55" E along the southerly line of said | ||
20.0 acre tract, a distance of 2302.05 feet to a 2" iron pipe for the | ||
southeasterly corner of said 20.0 acre tract, and being a corner of | ||
herein described tract; | ||
THENCE across the said 2023.4232 acre tract of land as | ||
follows: | ||
THENCE S 05deg26'33" E, a distance of 897.80' to a point | ||
for corner | ||
THENCE S 12deg11'39" E, a distance of 614.73' to a point | ||
for corner | ||
THENCE S 37deg13'01" E, a distance of 1044.87' to a | ||
point for corner | ||
THENCE S 50deg13'03" W, a distance of 936.60' to a point | ||
for corner | ||
THENCE S 01deg42'32" E, a distance of 291.80' to a point | ||
for corner | ||
THENCE S 48deg32'01" E, a distance of 1741.71' to a | ||
point for corner | ||
THENCE S 48deg32'01" E, a distance of 265.75' to a point | ||
for corner | ||
THENCE S 21deg57'56" W, a distance of 516.18' to a point | ||
for corner | ||
THENCE S 46deg27'00" W, a distance of 923.73' to a point | ||
for corner | ||
THENCE S 12deg09'48" W, a distance of 629.46' to a point | ||
for corner | ||
THENCE S 02deg17'52" W, a distance of 899.56' to a point | ||
for corner | ||
THENCE S 16deg33'53" W, a distance of 668.46' to a point | ||
for corner | ||
THENCE S 41deg36'33" E, a distance of 292.69' to a point | ||
for corner | ||
THENCE S 08deg13'31" E, a distance of 417.47' to a point | ||
for corner | ||
THENCE S 89deg47'45" W, a distance of 1008.22' to a | ||
point for corner | ||
THENCE N 03deg54'50" E, a distance of 607.93' to a point | ||
for corner | ||
THENCE with a curve turning to the left with an arc | ||
length of 2201.68', having a radius of 1400.00', a chord which | ||
bears N 41deg08'19" W, a chord length of 1981.71'; | ||
THENCE N 86deg11'28" W, a distance of 215.01' to a point | ||
for corner | ||
THENCE with a curve turning to the right with an arc | ||
length of 1228.20', having a radius of 2800.00', a chord which | ||
bears N 14deg24'14" E, a chord length of 1218.38'; | ||
THENCE N 26deg58'13" E, a distance of 188.08' to a point | ||
for corner | ||
THENCE with a curve turning to the right with an arc | ||
length of 158.92', having a radius of 2000.00', a chord which | ||
bears N 53deg27'06" W, a chord length of 158.88'; | ||
THENCE N 51deg10'31" W, a distance of 411.07' to a point | ||
for corner | ||
THENCE with a curve turning to the left with an arc | ||
length of 610.49', having a radius of 2000.00', a chord which | ||
bears N 59deg55'12" W, a chord length of 608.12'; | ||
THENCE N 22deg31'16" E, a distance of 241.81' to a point | ||
for corner | ||
THENCE N 11deg24'02" W, a distance of 920.79' to a point | ||
for corner | ||
THENCE S 87deg24'30" W, a distance of 976.07' to a point for | ||
corner in the easterly line of the said 229.0 acre tract, and being | ||
the southwesterly corner of the herein described tract; | ||
THENCE N 03deg 02' 22" W along the westerly line of the said | ||
229.00 acre tract a distance of 2551.74 to the POINT OF BEGINNING, | ||
and containing 524.55 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 | ||
7919, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7919.106 to read as follows: | ||
Sec. 7919.106. 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, 2015. | ||
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