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.