Bill Text: TX HB5362 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the creation of the Waller County Municipal Utility District No. 57; 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 [HB5362 Detail]
Download: Texas-2023-HB5362-Enrolled.html
H.B. No. 5362 |
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relating to the creation of the Waller County Municipal Utility | ||
District No. 57; 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 8007A to read as follows: | ||
CHAPTER 8007A. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 57 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8007A.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. 57. | ||
Sec. 8007A.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8007A.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. 8007A.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
8007A.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 as required by | ||
applicable law. | ||
Sec. 8007A.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. 8007A.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. 8007A.0201. GOVERNING BODY; TERMS. (a) The district | ||
is governed by a board of five elected directors. | ||
(b) Except as provided by Section 8007A.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 8007A.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 8007A.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 8007A.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 8007A.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. 8007A.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8007A.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. 8007A.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. 8007A.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. 8007A.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. 8007A.0306. DIVISION OF DISTRICT. (a) 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. | ||
(b) An order dividing a district may create one or more new | ||
districts and may provide for the continuation of the district. | ||
(c) An order dividing the district shall: | ||
(1) name any new district; | ||
(2) include the metes and bounds description of the | ||
territory of each of the districts; | ||
(3) appoint temporary directors for any new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between the districts. | ||
(d) The board may adopt an order dividing the district | ||
before or after the date the board holds an election to confirm the | ||
district's creation. | ||
(e) The district may be divided only if the district: | ||
(1) has never issued any bonds; and | ||
(2) is not imposing ad valorem taxes. | ||
(f) 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. | ||
(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) This chapter applies to any new district created by the | ||
division of the district, and a new district has all the powers and | ||
duties of the district. | ||
(i) A new district created by the division of the district | ||
shall hold a confirmation and directors' election. | ||
(j) If the creation of the new district is confirmed, the | ||
new district shall provide the election date and results to the | ||
commission. | ||
(k) Any 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. | ||
(l) The district may continue to rely on confirmation, | ||
directors', bond, or tax elections held prior to the division. | ||
(m) Municipal consent to the creation of the district and to | ||
the inclusion of land in the district 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. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8007A.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 8007A.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. 8007A.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8007A.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. 8007A.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. 8007A.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. 8007A.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. 8007A.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. 57 initially includes all the territory contained in the | ||
following area: | ||
FIELD NOTES FOR A 643.1285 ACRE TRACT OF LAND IN THE T. S. | ||
REESE SURVEY, ABSTRACT 331, WALLER COUNTY, TEXAS, BEING THAT | ||
CERTAIN CALLED 320 ACRE TRACT (EAST 1/2) AND THAT CERTAIN CALLED 320 | ||
ACRE TRACT (WEST 1/2) DESCRIBED IN DEED RECORDED IN VOLUME 371, PAGE | ||
875, DEED RECORDS, WALLER COUNTY, TEXAS, DISTANCES ARE GEODETIC, | ||
BEARINGS ARE GRID, COORDINATES ARE TEXAS STATE PLANE SOUTH CENTRAL | ||
ZONE, NAD-27, BASED UPON GPS OBSERVATION MADE ON FEBRUARY 23, 2004, | ||
PROCESSED TO NGS CORS DATA AND CONVERTED TO NAD-27 USING BLUE MARBLE | ||
GEOGRAPHIC CALCULATOR V.4. SCALE FACTOR USED IS 0.99989622. | ||
BEGINNING at a cotton picker spindle set for the northeast | ||
corner of the T. S. Reese Survey, Abstract 331, same being the | ||
northwest corner of the adjoining H. & T.C. Railroad Company | ||
Survey, Section 99, Abstract 167, and being in the south line of the | ||
adjoining H. & T.C. Railroad Company Survey, Section 79, Abstract | ||
157, said point also being the northeast corner of said called 320 | ||
acre tract (East 1/2), the northwest corner of an adjoining called | ||
640 acre tract described in deed recorded in Volume 371, Page 875, | ||
Deed Records, Waller County, Texas, and the northwest corner of an | ||
adjoining 646.8295 acre tract (Tract 3) surveyed by the undersigned | ||
this date, being in the south line of an adjoining called 98.72 acre | ||
tract described in deed recorded in Volume 0621, Page 210, Official | ||
Records, Waller County, Texas, and being the northeast corner and | ||
Place of Beginning of the herein described 643.1285 acre tract of | ||
land, said point being in Morton Road and having coordinates of | ||
X=2,980,000 870.52, Y=733,805.59; | ||
THENCE South 01 degree 59 minutes 55 seconds East along the | ||
common line of the T. S. Reese Survey, Abstract 331, and said | ||
adjoining H. & T.C. Railroad Company Survey, Section 99, Abstract | ||
167, the common line of said called 320 acre tract (East 1/2) and | ||
said adjoining called 640 acre tract, and the common line of the | ||
herein described 643.1285 acre tract and said adjoining 646.8295 | ||
acre tract (Tract 3), as located in Shell Plant Road, 5,306.04 feet | ||
to a 1/2 inch iron pipe with cap marked "Kalkomey Surveying" found | ||
on said line for the southeast corner of the herein described tract | ||
and the southeast corner of said called 320 acre tract (East 1/2), | ||
same being the southwest corner of said adjoining called 640 acre | ||
tract, the southwest corner of said adjoining 646.8295 acre tract | ||
(Tract 3), the northwest corner of an adjoining called 640 acre | ||
tract described in deed recorded in Volume 371, Page 875, Deed | ||
Records, Waller County, Texas, the northwest corner of an adjoining | ||
671.451 acre tract surveyed by the undersigned this date, and the | ||
northeast corner of an adjoining called Northeast % of Section 77, | ||
described in deed recorded in Volume 442, Page 928, Deed Records, | ||
Waller County, Texas, said point also being the southeast corner of | ||
said T. S. Reese Survey, Abstract 331, southwest corner of said | ||
adjoining H. & T.C. Railroad Company Survey, Section 99, Abstract | ||
167, the northwest corner of the adjoining J. G. Bennett Survey, | ||
Abstract 291, and the northeast corner of the adjoining H. & T.C. | ||
Railroad Company Survey, Section 77, Abstract 156; | ||
THENCE South 88 degrees 04 minutes 24 seconds West along the | ||
common line of the T. S. Reese Survey, Abstract 331, and said | ||
adjoining H. & T.C. Railroad Company Survey, Section 77, Abstract | ||
156, same being the common line of the herein described tract and | ||
said adjoining called Northeast of Section 77, at 2,640.26 feet | ||
pass a 3/4 inch iron rod found on said line for the northwest corner | ||
of said adjoining called Northeast 1/4 of Section 77, same being the | ||
northeast corner of an adjoining called 160.104 acre tract (Tract | ||
1) described in deed recorded in Volume 475, Page 502, Deed Records, | ||
Waller County, Texas, and continuing for a total distance of | ||
5,280.46 feet to a % inch iron pipe with cap marked "Kalkomey | ||
Surveying" set for the southwest corner of the herein described | ||
tract and the southwest corner of said called 320 acre tract (West | ||
1/2), same being the northwest corner of said adjoining called | ||
160.104 acre tract (Tract 1), and being in the east line of an | ||
adjoining called 46.7119 acre tract (Tract 6) described in deed | ||
recorded in Volume 475, Page 502, Deed Records, Waller County, | ||
Texas, said point also being the southwest corner of the T. S. Reese | ||
Survey, Abstract 331, the northwest corner of said adjoining H. & | ||
T.C. Railroad Company Survey, Section 77, Abstract 156, the | ||
northeast corner of the adjoining T. S. Reese Survey, Abstract 329, | ||
and the southeast corner of the adjoining H. & T.C. Railroad Company | ||
Survey, Section 71, Abstract 153; | ||
THENCE North 02 degrees 01 minute 19 seconds West along the | ||
common line of the T. S. Reese Survey, Abstract 331, and said | ||
adjoining H. & T.C. Railroad Company Survey, Section 71, Abstract | ||
153, being the west line of the herein described tract and the west | ||
line of said called 320 acre tract (West 1/2), same being the east | ||
line of said adjoining called 46.7119 acre tract (Tract 6), and | ||
along the east line of an adjoining called 157.6620 acre tract | ||
(Tract 5) described in deed recorded in Volume 475, Page 502, Deed | ||
Records, Waller County, Texas, at 2,643.71 feet pass a 1/2 inch iron | ||
pipe with cap marked "Kalkomey Surveying" set on said line for the | ||
northeast corner of said adjoining called 157.6620 acre tract | ||
(Tract 5), same being the southeast corner of an adjoining called 80 | ||
acre tract described in deed recorded in Volume 47, Page 109, Deed | ||
Records, Waller County, Texas, at 3,961.25 feet pass a 1/2 inch iron | ||
pipe with cap marked "Kalkomey Surveying" set on said line for the | ||
northeast corner of said adjoining called 80 acre tract, same being | ||
the southeast corner of an adjoining called 39 acre tract described | ||
in deed recorded in Volume 371, Page 875, Deed Records, Waller | ||
County, Texas, same being the southeast corner of an adjoining | ||
40.7498 acre tract (Tract 1) surveyed by the undersigned this date, | ||
at 5,242.89 feet pass a 1/2 inch iron pipe with cap marked "Kalkomey | ||
Surveying" set on said line for reference, at 5,262.89 feet pass a | ||
1/2 inch iron pipe with cap marked "Kalkomey Surveying" set on said | ||
line for reference, and continuing for total distance of 5,302.89 | ||
feet to a 1/2 inch iron rod found for the northwest corner of the | ||
herein described tract and the northwest corner of said called 320 | ||
acre tract (West 1/2), same being the northeast corner of said | ||
adjoining called 39 acre tract, the northeast corner of said | ||
adjoining 40.7498 acre tract, the southeast corner of an adjoining | ||
called 1.8471 acre tract (Exhibit "C"), and the southwest corner of | ||
an adjoining called 3,590 acre tract described in deed recorded in | ||
Volume 166, Page 494, Deed Records, Waller County, Texas, said | ||
point also being the northwest corner of the T. S. Reese Survey, | ||
Abstract 331, the northeast corner of said adjoining H. & T.C. | ||
Railroad Company Survey, Section 71, Abstract 153, the southeast | ||
corner of the adjoining T. S. Reese Survey, Abstract 328, and the | ||
southwest corner of the aforementioned adjoining H. & T.C. Railroad | ||
Company Survey, Section 79, Abstract 157, being in Morton Road and | ||
having coordinates of X=2,975,591.74, Y=733,624.86; | ||
THENCE North 88 degrees 02 minutes 21 seconds East along the | ||
common line of the T. S. Reese Survey, Abstract 331, and said | ||
adjoining H. & T.C. Railroad Company Survey, Section 79, Abstract | ||
157, being the north line the herein described tract and the north | ||
line of said called 320 acre tract (West 1/2), same being the south | ||
line of said adjoining called 3,590 acre tract, and along the south | ||
line of an adjoining called 6.027 acre tract described in deed | ||
recorded in Volume 397, Page 65, Deed Records, Waller County, | ||
Texas, as located in Morton Road, 5,282.42 feet to the Place of | ||
Beginning and containing 643.1285 acres of land. | ||
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 | ||
8007A, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8007A.0307 to read as | ||
follows: | ||
Sec. 8007A.0307. 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. 5362 was passed by the House on May 2, | ||
2023, by the following vote: Yeas 105, Nays 40, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 5362 was passed by the Senate on May | ||
17, 2023, by the following vote: Yeas 26, Nays 4, 1 present, not | ||
voting. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |