Bill Text: TX HB5402 | 2023-2024 | 88th Legislature | Engrossed

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Bill Title: Relating to the creation of the Travis County Municipal Utility District No. 27; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2023-05-25 - Recommendations filed with the Speaker [HB5402 Detail]

Download: Texas-2023-HB5402-Engrossed.html

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88R21841 ANG-F
By: Flores H.B. No. 5402

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Travis County Municipal Utility
District No. 27; 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 7950A to read as follows:
CHAPTER 7950A. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 27
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7950A.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 Travis County Municipal
Utility District No. 27.
Sec. 7950A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7950A.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. 7950A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7950A.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
general law.
Sec. 7950A.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. 7950A.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. 7950A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 7950A.0202, directors
serve staggered four-year terms.
Sec. 7950A.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 7950A.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 7950A.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 7950A.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. 7950A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7950A.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. 7950A.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. 7950A.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. 7950A.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. 7950A.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
7950A.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. 7950A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7950A.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. 7950A.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. 7950A.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. 7950A.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. 7950A.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 Travis County Municipal Utility District
No. 27 initially includes all the territory contained in the
following area:
TRACT 1:
Being 21.95 acres of land, more or less, out of the Augustus
Kincheloe Survey, Abstract No. 457, Travis County, Texas, being a
portion of that tract conveyed to Stermaster Properties, LLC, by
deed recorded in Document No. 2021100283, Official Public Records,
Travis County, Texas, as surveyed on the ground by Texas Land
Surveying, Inc. on June 15th, 2021, and further described by metes
and bounds as follows:
BEGINNING at a 1/2 inch iron rod found in concrete in the
south line of FM 1327, marking the northeast corner of a tract
conveyed to Irma May A. Fernandez De Leon, by deed recorded in
Document No. 2018086771, of said Official Public Records, for the
northwest corner of said Stermaster tract and this tract;
THENCE: N 73°42'42" E, 799.30 feet with the south line of said
FM 1327 and the north line of said Stermaster tract to a 1/2 inch
iron rod with pink cap stamped "TLS" set, for the northeast corner
of this tract, from which a 1/2 inch iron rod found in concrete,
marking the northwest corner of a tract conveyed to Clifford Gus
Graef, by deed recorded in Volume 7303, Page 323, Deed Records,
Travis County, Texas, also marking the northeast corner of said
Stermaster tract, bears N 73°42'42" E, 680.61 feet;
THENCE: S 46°59'48" E, 1204.37 feet into and across said
Stermaster tract to a 1/2 inch iron rod with pink cap stamped "TLS"
set in the north line of a tract conveyed to Michelle Dimanoff, by
deed recorded in Document No. 2018193755, of said Official Public
Records and the south line of said Stermaster tract, for the
southeast corner of this tract, from which a 1/2 inch iron rod found
in the west line of said Graef tract, marking the northeast corner
of said Dimanoff tract, also marking the southeast corner of said
Stermaster tract, bears N 43°00'13" E, 588.93 feet;
THENCE: S 43°00'13" W, 672.86 feet with the north line of said
Dimanoff tract and the south line of said Stermaster tract to a 1/2
inch iron rod with pink cap stamped "TLS" found in the north-south
running north line of Tom Sassman Road, marking the northwest
corner of said Dimanoff tract, for the southwest corner of said
Stermaster tract and this tract;
THENCE: N 47°30'25" W, with the north-south running line of
said Tom Sassman Road and the west line of said Stermaster tract at
5.40 feet passing a 1/2 inch iron rod with orange cap stamped "Hayes
RPLS 5703" found, marking the southeast corner of Maha Creek
Estates, said plat recorded in Volume 86, Page 45B, Plat Records,
Travis County, Texas, continuing with the east line of said Maha
Creek Estates and the west line of said Stermaster tract at 721.47
feet passing a 1/2 inch iron rod with "Hayes RPLS 5703" found,
continuing in part with the east line of said Maha Creek Estates and
with the east line of said Leon tract, and the west line of said
Stermaster tract in all 1612.61 feet to the Point of Beginning.
TRACT 2:
BEING 20.79 ACRES OF LAND OUT OF THE AUGUSTUS KINCHELOE
SURVEY NUMBER 2, ABSTRACT NUMBER 457, TRAVIS COUNTY, TEXAS, SAME
BEING ALL OF THAT CERTAIN J.M.T.C.V., LTD 21.9716 ACRE TRACT
RECORDED IN DOCUMENT NUMBER 2005046836, OFFICIAL PUBLIC RECORDS,
TRAVIS COUNTY, TEXAS, SAVE AND EXCEPT THAT CERTAIN 0.608 ACRE TRACT
AND THAT CERTAIN 0.575 ACRE TRACT, BOTH RECORDED IN DOCUMENT
NUMBERS, 2014186864, 2015054419 AND 2015059567, ALL OF THE OFFICIAL
PUBLIC RECORDS, TRAVIS COUNTY, TEXAS, SAID 20.79 ACRES OF LAND TO BE
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING at an iron rod in the westerly line of that certain
Clifford Graef 13.6310 acre tract recorded in Volume 5029, Page
107, Deed Records, said county, at the southeast corner of that
certain Arlon Wayne Graef 35.87 acre tract recorded in Document
Number 2016180663, Official Public Records, said county, same being
the northwest corner of said 21.9716 acre tract, for the northwest
corner hereof;
THENCE South 47 degrees 07 minutes 44 seconds East, along the
westerly line of said 13.6310 acre tract and the northerly line of
said 21.9716 acre tract, 549.33 feet to an iron rod found in said
line, at the northwest corner of said 0.608 acre tract, for an angle
corner in the northerly line hereof;
THENCE through said 21.9716 acre tract, along the westerly,
southerly and easterly line of said 0.608 acre tract, the following
3 calls,
1. South 66 degrees 24 minutes 26 seconds West, 209.37 feet
to an iron rod found,
2. South 26 degrees 19 minutes 46 seconds East, 160.66 feet
to an iron rod found,
3. North 48 degrees 22 minutes 41 seconds East, 196.16 feet
to an iron rod found in the westerly right-of-way line of S. U.S.
Highway 183, at the northeast corner of said 0.608 acre tract, same
being in the northerly line of said 21.9716 acre tract, for an angle
corner in the northerly line hereof;
THENCE South 04 degrees 15 minutes 32 seconds East, along
said Highway 183 and the northerly line of said 21.9716 acre tract,
111.11 feet to an iron rod found at the intersection of said Highway
183 and the westerly right-of-way line of Tom Sassman Road, same
being the northeast corner of said 21.9716 acre tract, for the
northeast corner hereof;
THENCE South 18 degrees 20 minutes 06 seconds West, along
said Tom Sassman Road and the easterly line of said 21.9716 acre
tract, 104.45 feet to an iron rod found in said line, at the
northwest corner of said 0.575 acre tract, for an angle corner in
the easterly line hereof;
THENCE through said 21.9716 acre tract, along the westerly
and southerly line of said 0.575 acre tract, the following 6 calls,
1. South 41 degrees 52 minutes 26 seconds West, 245.18 feet
to an iron rod found,
2. North 48 degrees 16 minutes 41 seconds West, 67.75 feet
to an iron rod found,
3. South 70 degrees 17 minutes 52 seconds West, 150.75 feet
to an iron rod found,
4. South 14 degrees 29 minutes 15 seconds East, 100.37 feet
to an iron rod found,
5. North 70 degrees 13 minutes 40 seconds East, 85.37 feet
to an iron rod found,
6. South 47 degrees 46 minutes 18 seconds East, 39.04 feet
to an iron rod found in said right-of-way line, at the southeast
corner of said 0.575 acre tract, same being in the easterly line of
said 21.9716 acre tract, for an angle corner in the easterly line
hereof;
Thence continuing along said right-of-way line and the
easterly and southerly line of said 21.9716 acre tract, the
following 4 calls,
1. South 42 degrees 34 minutes 47 seconds West, 598.66 feet
to an iron rod found,
2. South 60 degrees 42 minutes 46 seconds West, 26.42 feet
to an iron rod set,
3. South 89 degrees 54 minutes 48 seconds West, 18.83 feet
to an iron rod found at the southeast corner of said 21.9716 acre
tract, for the southeast corner hereof,
4. North 50 degrees 17 minutes 01 seconds West, 774.74 feet
to a fence corner post found at the northeast corner of Maha Creek
Estates, a subdivision recorded in Volume 86, Page 45C, Plat
Records, said county, at the southeast corner of said 35.87 acre
tract, same being the southwest corner of said 21.9716 acre tract,
for the southwest corner hereof;
THENCE North 43 degrees 00 minutes 22 seconds East, along the
easterly line of said 35.87 acre tract and the westerly line of said
21.9716 acre tract, 1,261.79 feet to the POINT OF BEGINNING.
TRACT 3:
Being 13.88 acres of land, more or less, out of the Augustus
Kincheloe Survey, Abstract No. 457, Travis County, Texas, being a
portion of that tract conveyed to Stermaster Properties, LLC, by
deed recorded in Document No. 2021100283, Official Public Records,
Travis County, Texas, as surveyed on the ground by Texas Land
Surveying, Inc. on June 15th, 2021, and further described by metes
and bounds as follows:
BEGINNING at a 1/2 inch iron rod found in concrete in the
south line of FM 1327, marking the northwest corner of a tract
conveyed to Clifford Gus Graef, by deed recorded in Volume 7303,
Page 323, of said Deed Records, for the northeast corner of said
Stermaster tract and this tract, from which a concrete monument
found, marking the northeast corner of said Graef tract, bears N
73°43'54" E, 806.93 feet;
THENCE: S 47°14'51" E, 856.82 feet with the west line of said
Graef tract and the east line of said Stermaster tract to a 1/2 inch
iron rod found, marking the northeast corner of a tract conveyed to
Michelle Dimanoff, by deed recorded in Document No. 2018193755, of
said Official Public Records, for the southeast corner of said
Stermaster tract and this tract, from which a 1/2 inch iron rod with
aluminum cap stamped "TxDOT" found, marking the southwest corner of
said Graef tract, also marking an angle point of said Dimanoff
tract, bears S 47°08'02" E, 549.50 feet;
THENCE: S 43°00'13" W, 588.93 feet with the north line of said
Dimanoff tract and the south line of said Stermaster tract to a 1/2
inch iron rod with pink cap stamped "TLS" set, for the southwest
corner of this tract, from which a 1/2 inch iron rod with pink cap
stamped "TLS" found in the north-south running north line of Tom
Sassman Road, marking the northwest corner of said Dimanoff tract,
also marking the southwest corner of said Stermaster tract, bears S
43°00'13" W, 672.86 feet;
THENCE: N 46°59'48" W, 1204.37 feet into and across said
Stermaster tract to a 1/2 inch iron rod with pink cap stamped "TLS"
set in the south line of said FM 1327, for the northwest corner of
this tract, from which a 1/2 inch iron rod found in concrete,
marking the northeast corner of a tract conveyed to Irma May A.
Fernandez De Leon, by deed recorded in Document No. 2018086771, of
said Official Public Records, also marking the northwest corner of
said Stermaster tract, bears N 73°42'42" E, 799.30 feet;
THENCE: N 73°42'42" E, 680.61 feet with the south line of said
FM 1327 and the north line of said Schaarschmidt tract to the Point
of Beginning.
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
7950A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7950A.0306 to read as
follows:
Sec. 7950A.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.