Bill Text: TX HB5379 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the creation of the Williamson and Bell Counties Municipal Utility District No. 1; 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) 2023-06-11 - Effective immediately [HB5379 Detail]
Download: Texas-2023-HB5379-Enrolled.html
H.B. No. 5379 |
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relating to the creation of the Williamson and Bell Counties | ||
Municipal Utility District No. 1; 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 7972A to read as follows: | ||
CHAPTER 7972A. WILLIAMSON AND BELL COUNTIES MUNICIPAL UTILITY | ||
DISTRICT NO. 1 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7972A.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 Williamson and Bell Counties | ||
Municipal Utility District No. 1. | ||
Sec. 7972A.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7972A.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. 7972A.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
7972A.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. 7972A.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. 7972A.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. 7972A.0201. GOVERNING BODY; TERMS. (a) The district | ||
is governed by a board of five elected directors. | ||
(b) Except as provided by Section 7972A.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 7972A.0202. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) Jamison Stewart; | ||
(2) Ron Lusk; | ||
(3) Paul Otte; | ||
(4) Megan Turnipseed; and | ||
(5) Roland Fagerberg. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 7972A.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 7972A.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 7972A.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. 7972A.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7972A.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. 7972A.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. 7972A.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. 7972A.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. 7972A.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 | ||
7972A.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. 7972A.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7972A.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. 7972A.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. 7972A.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. 7972A.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. 7972A.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 Williamson and Bell Counties Municipal | ||
Utility District No. 1 initially includes all the territory | ||
contained in the following area: | ||
355.8 ACRES OF LAND LOCATED IN THE ELISHA DAVIS SURVEY 23, | ||
ABSTRACT 172, WILLIAMSON COUNTY, TEXAS, AND THE ELISHA DAVIS SURVEY | ||
23, ABSTRACT 244, BELL COUNTY TEXAS, COMPRISED OF THAT CALLED | ||
134.83 ACRE TRACT DESCRIBED IN DOCUMENT 2008000104, THAT CALLED | ||
110.51 ACRE TRACT DESCRIBED IN DOCUMENT 2008000103, AND THAT CALLED | ||
110.51 ACRE TRACT DESCRIBED IN DOCUMENT 2020077242 ALL OF THE | ||
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS. SAID 355.8 | ||
ACRES BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: | ||
BEGINNING, AT A FOUND 1” IRON PIPE ON THE NORTH RIGHT-OF-WAY | ||
LINE OF COUNTY ROAD 307, THE SOUTHEAST CORNER OF SAID 110.51 ACRE | ||
TRACT DESCRIBED IN DOCUMENT 2020077242, AND THE SOUTHWEST CORNER OF | ||
A CALLED 114.33 ACRE TRACT DESCRIBED IN DOCUMENT 9641312 OF THE | ||
OFFICIAL PUBLIC RECORDS OF WILLIAMSON COUNTY, TEXAS; | ||
THENCE, S 67°50'15" W, WITH THE COMMON LINE OF SAID 110.51 | ||
ACRE TRACT DESCRIBED IN DOCUMENT 2020077242 AND SAID COUNTY ROAD | ||
307, A DISTANCE OF 781.06 FEET TO A FOUND 1/2” IRON ROD WITH CAP | ||
MARKED “RPLS 5784”; | ||
THENCE, S 50°10'30" W, WITH THE COMMON LINE OF SAID 110.51 | ||
ACRE TRACT DESCRIBED IN DOCUMENT 2020077242 AND SAID COUNTY ROAD | ||
307, AT A DISTANCE OF 308.92 FEET PASSING A FOUND 1/2” IRON ROD WITH | ||
CAP MARKED “RPLS 5784” AT THE SOUTHWEST CORNER OF SAID 110.51 ACRE | ||
TRACT DESCRIBED IN DOCUMENT 2020077242 AND THE SOUTHEAST CORNER OF | ||
SAID 110.51 ACRE TRACT DESCRIBED IN DOCUMENT 2008000103, CONTINUING | ||
WITH THE COMMON LINE OF SAID COUNTY ROAD 307 AND SAID 110.51 ACRE | ||
TRACT DESCRIBED IN DOCUMENT 2008000103, A TOTAL DISTANCE OF 632.18 | ||
FEET TO A FOUND COTTON SPINDLE; | ||
THENCE, S 49°58'30" W, WITH THE COMMON LINE OF SAID 110.51 | ||
ACRE TRACT DESCRIBED IN DOCUMENT 2008000103 AND SAID COUNTY ROAD | ||
307, A DISTANCE OF 748.19 FEET TO A FOUND 1” SQUARE IRON PIPE AT THE | ||
SOUTHWEST CORNER OF SAID 110.51 ACRE TRACT DESCRIBED IN DOCUMENT | ||
2008000103, AND THE EAST LINE OF A CALLED 464.1 ACRE TRACT DESCRIBED | ||
IN VOLUME 365, PAGE 115 OF THE DEED RECORDS OF WILLIAMSON COUNTY, | ||
TEXAS; | ||
THENCE, WITH THE COMMON LINES OF SAID 464.1 ACRE TRACT AND | ||
SAID 110.51 ACRE TRACT DESCRIBED IN DOCUMENT 2008000103, THE | ||
FOLLOWING BEARINGS AND DISTANCES: | ||
N 21°33'15" W, A DISTANCE OF 272.82 FEET TO A FOUND 1/2” IRON | ||
ROD WITH CAP MARKED “RPLS 5784; | ||
S 68°36'45" W, A DISTANCE OF 47.23 FEET TO A FOUND 5/8” IRON | ||
ROD; | ||
N 22°16'30" W, AT A DISTANCE OF 4362.66 FEET PASSING THE | ||
NORTHWEST CORNER OF SAID 110.51 ACRE TRACT DESCRIBED IN DOCUMENT | ||
2008000103 AND THE SOUTHWEST CORNER OF SAID 134.83 ACRE TRACT, | ||
CONTINUING WITH THE COMMON LINES OF SAID 464.1 ACRE TRACT AND SAID | ||
134.83 ACRE TRACT, A TOTAL DISTANCE OF 4414.09 FEET TO A SET 1/2” | ||
IRON ROD WITH “CUDE” CAP; | ||
THENCE, N 21°49'30" W, WITH THE COMMON LINES OF SAID 464.1 | ||
ACRE TRACT AND SAID 134.83 ACRE TRACT, A DISTANCE OF 59.24 FEET TO A | ||
SET 1/2” IRON ROD WITH “CUDE” CAP; | ||
THENCE, N 22°28'45" W, WITH THE COMMON LINES OF SAID 464.1 | ||
ACRE TRACT AND SAID 134.83 ACRE TRACT, A DISTANCE OF 2643.38 FEET TO | ||
A SET 1/2” IRON ROD WITH “CUDE” CAP AT THE NORTHWEST CORNER OF SAID | ||
134.83 ACRE TRACT, ON THE SOUTH LINE OF A CALLED 767 ACRE TRACT | ||
DESCRIBED IN VOLUME 365, PAGE 115 OF THE DEED RECORDS OF WILLIAMSON | ||
COUNTY, TEXAS AND THE NORTHEAST CORNER OF SAID 464.1 ACRE TRACT; | ||
THENCE, N 67°04'15" E, WITH THE COMMON LINE OF SAID 134.83 | ||
ACRE TRACT AND SAID 767 ACRE TRACT, A DISTANCE OF 890.64 FEET TO A | ||
FOUND NAIL ON CEDAR POST AT THE COMMON CORNER OF SAID 767 ACRE TRACT | ||
AND A 415.66 ACRE TRACT DESCRIBED IN VOLUME 798, PAGE 146 OF THE | ||
DEED RECORDS OF BELL COUNTY, TEXAS, AN ANGLE POINT ON THE NORTH LINE | ||
OF SAID 134.83 ACRE TRACT; | ||
THENCE, N 68°25'45" E, WITH THE COMMON LINE OF SAID 134.83 | ||
ACRE TRACT AND SAID 415.66 ACRE TRACT, A DISTANCE OF 1335.71 FEET TO | ||
A FOUND 1” SQUARE IRON PIPE AT THE NORTHEAST CORNER OF SAID 134.83 | ||
ACRE TRACT AND THE NORTHWEST CORNER OF SAID 114.33 ACRE TRACT; | ||
THENCE, S 21°42'45" E, WITH THE COMMON LINE OF SAID 134.83 | ||
ACRE TRACT AND SAID 114.33 ACRE TRACT, A DISTANCE OF 2336.96 FEET TO | ||
A FOUND 1/2” IRON ROD WITH CAP MARKED “RPLS 5784”; | ||
THENCE, S 25°45'46" E, WITH THE COMMON LINE OF SAID 134.83 | ||
ACRE TRACT AND SAID 114.33 ACRE TRACT, AT A DISTANCE OF 42.61 FEET | ||
PASSING THE SOUTHEAST CORNER OF SAID 134.83 ACRE TRACT AND THE | ||
NORTHEAST CORNER OF SAID 110.51 ACRE TRACT DESCRIBED IN DOCUMENT | ||
2020077242, AND CONTINUING WITH THE COMMON LINE OF SAID 110.51 ACRE | ||
TRACT DESCRIBED IN DOCUMENT 2020077242 AND SAID 114.33 ACRE TRACT, | ||
A TOTAL DISTANCE OF 157.87 FEET TO A SET 1/2” IRON ROD WITH “CUDE” | ||
CAP; | ||
THENCE, S 20°18'23" E, WITH THE COMMON LINE OF SAID 110.51 | ||
ACRE TRACT DESCRIBED IN DOCUMENT 2020077242 AND SAID 114.33 ACRE | ||
TRACT, A DISTANCE OF 552.12 FEET TO A FOUND COTTON SPINDLE; | ||
THENCE, S 21°37'15" E, WITH THE COMMON LINE OF SAID 110.51 | ||
ACRE TRACT DESCRIBED IN DOCUMENT 2020077242 AND SAID 114.33 ACRE | ||
TRACT, A DISTANCE OF 3920.82 FEET TO THE POINT OF BEGINNING AND | ||
CONTAINING 355.8 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 | ||
7972A, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7972A.0306 to read as | ||
follows: | ||
Sec. 7972A.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, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 5379 was passed by the House on May 9, | ||
2023, by the following vote: Yeas 109, Nays 33, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 5379 was passed by the Senate on May | ||
21, 2023, by the following vote: Yeas 26, Nays 4, 1 present, not | ||
voting. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |