Bill Text: TX HB3438 | 2021-2022 | 87th Legislature | Introduced

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Bill Title: Relating to the creation of the Waller County Municipal Utility District No. 9A; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Sponsorship: Partisan Bill (Republican 1)

Status: (Engrossed - Dead) 2021-05-17 - Referred to Local Government [HB3438 Detail]

Download: Texas-2021-HB3438-Introduced.html

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87R7916 MP-F
By: Bell of Montgomery H.B. No. 3438

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Waller County Municipal Utility
District No. 9A; 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 7902 to read as follows:
CHAPTER 7902. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 9A
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7902.0101. 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. 9A.
Sec. 7902.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7902.0103. 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. 7902.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7902.0103 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. 7902.0105. 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. 7902.0106. 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. 7902.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7902.0202, directors
serve staggered four-year terms.
Sec. 7902.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Sharon Wotyek;
(2) Blake Allen;
(3) Jud Martin;
(4) Salman Qadir; and
(5) Sawyer Blackburn.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7902.0103; 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 7902.0103 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 7902.0103; 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. 7902.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7902.0302. 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. 7902.0303. 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. 7902.0304. 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. 7902.0305. 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.
Sec. 7902.0306. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by
division of the district, and a new district has all the powers and
duties of the district.
(c) A new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act enacting this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
7902.0103 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) A new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 7902.0103.
(i) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(j) A new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(k) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
7902.0104 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
Sec. 7902.0307. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 7902.0303; or
(2) a recreational facility as defined by Section
49.462, Water Code.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7902.0401. 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 7902.0403.
(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. 7902.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7902.0401, 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. 7902.0403. 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. 7902.0501. 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. 7902.0502. 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. 7902.0503. 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. Waller County Municipal Utility District No. 9A
initially includes all the territory contained in the following
area:
A 602.8 acre tract of land out of the remainder of a called 562.636
acre tract of land as conveyed to KATY 884 PARTNERS, LTD, a Texas
limited partnership, as recorded in Volume 1077, Page 592 of the
Official Public Records of Waller County, Texas (WCOPR), all of a
called 106.590 acre tract of land conveyed to Katy Partners, Ltd. as
recorded in Volume 1077, Page 685 Deed Records of Waller County,
Texas (WCDR), all of a called 107.332 acre tract of land conveyed to
Katy Partners, Ltd. as recorded in Volume 1077, Page 675 (WCDR) and
all of a called 107.257 acre tract of land conveyed to Katy 884
Partners, Ltd. as recorded in Volume 1077, Page 608 (WCDR) being out
of the H. & T.C. Railroad Company Survey, Section 114 and the Fred
Eule Survey, Abstract 374, Waller County, Texas, SAVE AND EXCEPT
281.000 acre tract of land conveyed to LGI Homes-Texas, LLC, as
recorded in Clerk's File No. 201607707 in the Official Public
Records of Waller County, Texas (WCOPR). Said 602.8 acre tract
being more fully described as follows, all bearings are based on the
Texas Coordinate System, South Central Zone (4204), NAD-83
(NA2011), epoch 2010.00;
BEGINNING: at a point for the southwest corner of said 562.636 acre
tract, the northwest corner of a called 0.9738 acre tract as
recorded in Volume 686, Page 15 (WCDR), lying in the east
right-of-way line of F.M. 2855 (100 feet wide), in the south line of
said Fred Eule Survey, Sect. 114, A-374 and the north line of said
and the H.&T.C. R.R. Co. Survey Sect. 111, A- 172, also being the
most westerly southwest corner of the herein described tract and
lying in the apparent centerline of Beckendorf Road (unimproved);
THENCE: Along and with the east right-of-way line of said F.M. 2855
and the west line of said 562.636 acre tract the following courses
and distances
N 02°05'14" W, 1507.94 feet to a point for a corner of the herein
described tract,
N 01°14'00" W, 331.24 feet to a point for a corner of the herein
described tract,
N 00°21'18" W, 213.88 feet to a point for a corner of the herein
described tract,
N 00°41'06" W, 348.01 feet to a point for a corner of the herein
described tract,
N 02°19'58" W, 251.32 feet to a point for a corner of the herein
described tract,
N 02°49'49" W, 451.99 feet to a point for a corner of the herein
described. tract,
N 04°12'15" W, 104.06 feet to a point for a corner of the herein
described tract,
N 03°27'47" W, 447.87 feet to a point for a corner of the herein
described tract, and
N 02°05'26" W, 384.85 feet to a point for the southwest corner of a
called 8.603 acre tract as recorded in Volume 1297, Page 036
(WCDR).;
THENCE: N 87°41'05" E, 436.33 feet with the south line of said 8.603
acre tract to a point for the southeast corner of said 8.603 acre
tract and an interior corner of said 562.636 acre tract;
THENCE: N 01°58'03" W, 1177.95 feet with the east line of said 8.603
acre tract and the east line of a called 3.173 acre tract as
recorded in Volume 432, Page 449 (WCDR) to a point for the northeast
corner of said 11.76 acre tract and the common most northwesterly
corner of said 562.636 and the herein described tract, also lying in
the south right-of-way line of F.M. 529 (120 feet wide);
THENCE: N 87°58'20" E, 469.07 feet with the north line of said
562.636 acre tract and the south right-of-way line of said F.M. 529
to a point for the northwest corner of a called 20.000 acre tract as
recorded in Volume 1376, Page 621 (WCDR);
THENCE: S 02°00'04" E, 1181.11 feet with the west line of said
20.000 acre tract to a point for the southwest corner of said 20.000
acre tract and an interior corner of the herein described tract;
THENCE: N 88°00'32" E, 1922.94 feet with the south line of said
20.000 acre tract, a called 7.408 acre tract as recorded in Volume
1289, Page 482 (WCDR), a called 13.695 acre tract as recorded in
Volume 1339, Page 144 (WCDR) and a second called 13.695 acre tract
as recorded in Volume 1175, Page 621 (WCDR) to a point for the
southeast corner of the second mentioned 13.695 acre tract and an
interior corner of the herein described tract;
THENCE: N 02°00'04" W, 1181.11 feet with the east line of the second
mentioned 13.695 acre tract to a point for the northeast corner of
the second mentioned 13.695 acre tract and lying in the south
right-of-way line of said F.M. 529;
THENCE: N 88°02'40" E, 644.29 feet with the north line of said
562.636 acre tract and the south right-of-way line of said F.M. 529
to a point for the northeast corner of said 281.000 acre tract the
herein described tract;
THENCE: Departing the north line of said 562.636 acre tract,
continuing over and across said 562.636 acre tract and with the west
line of said 281.000 acre tract the following courses and
distances:
S 02°19'51" E, a distance of 1099.87 feet to a point for a corner of
the herein described tract,
S 67°22'45" W, a distance of 1167.03 feet to a point for a corner of
the herein described tract,
S 25°17'57" W, a distance of 161.34 feet to a point for a corner of
the herein described tract,
Southeasterly, along a non-tangent curve to the left, having a
radial bearing of N 75°26'06" E, a radius of 1273.29 feet, a central
angle of 38°29'17", a chord bearing and distance of S 33°48'33" E,
839.33 feet, for an arc length of 855.32 feet to a point for a corner
of the herein described tract,
S 85°46'10" E, a distance of 209.23 feet to a point for a corner of
the herein described tract,
Southwesterly, along a non-tangent curve to the right, having a
radial bearing of S 02°25'32" W, a radius of 1866.67 feet, a central
angle of 12°00'46", a chord bearing and distance of S 81°34'05" E,
390.65 feet, for an arc length of 391.37 feet to a point for a corner
of the herein described tract,
Southeasterly, along a non-tangent curve to the right, having a
radial bearing of S 09°26'17" W, a radius of 171.22 feet, a central
angle of 81°46'47", a chord bearing and distance of S 39°40'20" E,
224.16 feet, for an arc length of 244.38 feet to a point for a corner
of the herein described tract,
Southwesterly, along a non-tangent curve to the right, having a
radial bearing of N 71°06'56" W, a radius of 1248.15 feet, a central
angle of 08°16'54", a chord bearing and distance of S 23°01'31" W,
180.25 feet, for an arc length of 180.41 feet to a point for a corner
of the herein described tract,
S 27°41'57" W, a distance of 18.52 feet to a point for a corner of the
herein described tract,
N 74°41'04" W, a distance of 178.23 feet to a point for a corner of
the herein described tract,
Southwesterly, along a non-tangent curve to the left, having a
radial bearing of S 02°44'14" W, a radius of 475.36 feet, a central
angle of 87°28'46", a chord bearing and distance of S 48°59'51" W,
657.32 feet, for an arc length of 725.79 feet to a point for a corner
of the herein described tract,
S 09°42'55" E, a distance of 127.14 feet to a point for a corner of
the herein described tract,
S 27°06'38" E, a distance of 103.76 feet to a point for a corner of
the herein described tract,
S 27°06'38" E, a distance of 294.99 feet to a point for a corner of
the herein described tract,
Southwesterly, along a non-tangent curve to the left, having a
radial bearing of S 25°17'37" E, a radius of 180.90 feet, a central
angle of 50°20'55", a chord bearing and distance of S 39°31'56" W,
153.90 feet, for an arc length of 158.97 feet to a point for a corner
of the herein described tract,
Southwesterly, along a non-tangent curve to the right, having a
radial bearing of N 88°45'38" W, a radius of 987.16 feet, a central
angle of 43°57'41", a chord bearing and distance of S 23°13'12" W,
738.98 feet, for an arc length of 757.42 feet to a point for a corner
of the herein described tract,
Southeasterly, along a non-tangent curve to the left, having a
radial bearing of S 48°49'56" E, a radius of 279.11 feet, a central
angle of 65°31'49", a chord bearing and distance of S 08°24'09" W,
302.11 feet, for an arc length of 319.22 feet to a point for a corner
of the herein described tract,
Southeasterly, along a non-tangent curve to the right, having a
radial bearing of S 41°43'04" W, a radius of 853.94 feet, a central
angle of 36°36'07", a chord bearing and distance of S 29°58'53" E,
536.29 feet, for an arc length of 545.52 feet to a point in the south
line of said 562.636 acre tract, the southwest corner of said
281.000 acre tract, and being in the apparent centerline of
Beckendorf road;
THENCE: N 88°04'32" E, along and with the south line of said 281.000
acre tract, the apparent centerline of said Beckendorf Road, also
being the north line of a aforementioned 106.590 acre tract,
107.332 acre tract, and 107.257 acre tract, a distance of 2562.57
feet to the southeast corner of said 281.00 acre tract, the north
east corner of said 107.332 acre tract, the southwest corner of a
called 160 acre tract recorded in Volume 995, Page 461 (WCDR), and
being the northwest corner of a called 15.022 acre tract recorded in
Clerk's File No. 903180 (WCOPR);
THENCE: S 02°04'54" E, 5271.15 feet with the common east line of
said 107.257 acre tract and said H.&T.C. R.R. Co. Survey, Sect. 111,
A-172, the west line of said Fred Eule Survey, Section 120, Abstract
No. 375 to a point for the southwest corner of a called 53.83 acre
tract as recorded in Volume 474, Page 314 W.C.D.R., lying in the
south line of said Fred Eule Survey, Sect. 120, A-375, lying in the
common north line of the H.&T.C. R.R. Co. Survey, Sect. 121, A-201
and a called 281.50 acre tract as recorded in Volume 420, Page 766
W.C.D.R., also being the common southeast corner of said H.&T.C.
R.R. Co. Survey, Sect. 111, A-172 and the herein described tract;
THENCE: S 87°53'18" W, 2655.75 feet with the south line of said
H.&T.C. R.R. Co. Survey, Sect. 111, A-172, said 107.257 acre tract,
said 107.332 acre tract, said 106.590 acre tract, the north line of
said H.&T.C. R.R. Co. Survey, Sec. 121, A-201 and the Fred Eule
Survey, Sect. 112, A-373 to a point for the southeast corner of a
called 5.0 acre tract as recorded in Volume 1207, Page 7777 (WCDR),
the southwest corner of said 106.590 acre tract and the most
southerly southwest corner of the herein described tract;
THENCE: N 02°00'01' W, 5279.82 feet with the west line of said
106.590 acre tract to a point for the northeast corner of a called
15 acre tract as recorded in Clerk's File No. 1700296 (WCOPR), the
northwest corner of said 106.590 acre tract and lying in the north
line of said H.&T.C. R.R. Co. Survey, Sec. 111, A-172 and the common
south line of said Fred Eule Survey, Sect. 114, A- 374 and said
562.636 acre tract also being the apparent centerline of said
Beckendorf Road;
THENCE: S 87°59'11" W, 2591.53 feet with the common south line of
said Fred Eule Survey, Sect. 114, A-374 and said 562.636 acre tract,
the north line of said H.&T.C. R.R. Co. Survey, Sect. 111, A- 172
and the apparent centerline of said Beckendorf Road to the POINT OF
BEGINNING and containing 602.8 acres in Waller County, 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 7902.0307, 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 7902, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 7902.0307 to read as follows:
Sec. 7902.0307. 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, 2021.