Bill Text: TX SB2010 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the creation of the Waller County Municipal Utility District No. 20; 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: (N/A - Dead) 2015-04-29 - Committee report printed and distributed [SB2010 Detail]
Download: Texas-2015-SB2010-Comm_Sub.html
| By: Kolkhorst | S.B. No. 2010 | |
| (In the Senate - Filed March 23, 2015; March 30, 2015, read | ||
| first time and referred to Committee on Intergovernmental | ||
| Relations; April 29, 2015, reported favorably by the following | ||
| vote: Yeas 7, Nays 0; April 29, 2015, sent to printer.) | ||
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| relating to the creation of the Waller County Municipal Utility | ||
| District No. 20; 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 7928 to read as follows: | ||
| CHAPTER 7928. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 20 | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 7928.001. 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. 20. | ||
| Sec. 7928.002. NATURE OF DISTRICT. The district is a | ||
| municipal utility district created under Section 59, Article XVI, | ||
| Texas Constitution. | ||
| Sec. 7928.003. CONFIRMATION AND DIRECTORS' ELECTION | ||
| REQUIRED. The temporary directors shall hold an election to | ||
| confirm the creation of the district and to elect five permanent | ||
| directors as provided by Section 49.102, Water Code. | ||
| Sec. 7928.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
| temporary directors may not hold an election under Section 7928.003 | ||
| 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. 7928.005. 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. 7928.006. 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. 7928.051. GOVERNING BODY; TERMS. (a) The district is | ||
| governed by a board of five elected directors. | ||
| (b) Except as provided by Section 7928.052, directors serve | ||
| staggered four-year terms. | ||
| Sec. 7928.052. TEMPORARY DIRECTORS. (a) The temporary | ||
| board consists of: | ||
| (1) Monica L. Pena; | ||
| (2) Rafael Garcia; | ||
| (3) Walker French; | ||
| (4) Michael Cole; and | ||
| (5) Adam Selwyn. | ||
| (b) Temporary directors serve until the earlier of: | ||
| (1) the date permanent directors are elected under | ||
| Section 7928.003; 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 7928.003 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 7928.003; 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. 7928.101. GENERAL POWERS AND DUTIES. The district has | ||
| the powers and duties necessary to accomplish the purposes for | ||
| which the district is created. | ||
| Sec. 7928.102. 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. 7928.103. 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. 7928.104. 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. 7928.105. 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. 7928.151. 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 7928.153. | ||
| (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. 7928.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
| authorized at an election held under Section 7928.151, 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. 7928.153. 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. 7928.201. 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. 7928.202. 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. 7928.203. 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. | ||
| 20 initially includes all the territory contained in the following | ||
| area: | ||
| Being a 809.20 acre tract of land in the W. Hillhouse Survey, | ||
| Abstract 136, Waller County, Texas, the F.L. Smith Survey, Abstract | ||
| 252, Waller County, Texas, the D. Warren Survey, Abstract 394, | ||
| Waller County, Texas, the W. Rogerson Survey, Abstract 245, Waller | ||
| County, Texas, the R. Watson Survey, Abstract 271, Waller County, | ||
| being out of a called 2023.4232 acre tract of land as recorded under | ||
| Volume 883, Page 590 of the Real Property Records Waller County, and | ||
| Montgomery County Clerk's File No. 2005-063061, and all of a called | ||
| 803.86 acre tract of land as recorded in Volume 1330, Page 226, of | ||
| the Real Properties Records of Waller County, Texas. Said 809.20 | ||
| acre tract, being more particularly described as follows: | ||
| BEGINNING at 5/8" iron rod found for the southwesterly corner | ||
| of the Remington Forest Subdivision as recorded in Volume 1278, | ||
| Page 566 of the Map Records of Waller County, Texas, also being on | ||
| the northerly line of FM 1488, and being a southeasterly corner of | ||
| herein described tract; | ||
| THENCE S 87 deg. 27' 46" W along the northerly line of FM | ||
| 1488, a distance of 1634.27 feet to the centerline of a creek, being | ||
| the southwesterly corner of the herein described tract | ||
| THENCE across the said 2023.4232 and the said 803.86 acre | ||
| tract as follows: | ||
| THENCE N 02deg10'05" W, a distance of 196.50' to a point | ||
| for corner | ||
| THENCE N 33deg15'32" E, a distance of 378.47' to a point | ||
| for corner | ||
| THENCE N 10deg42'18" W, a distance of 566.69' to a point | ||
| for corner | ||
| THENCE N 08deg13'31" W, a distance of 1330.08' to a | ||
| point for corner | ||
| THENCE N 08deg13'31" W, a distance of 417.47' to a point | ||
| for corner | ||
| THENCE N 41deg36'33" W, a distance of 292.69' to a point | ||
| for corner | ||
| THENCE N 16deg33'53" E, a distance of 668.46' to a point | ||
| for corner | ||
| THENCE N 02deg17'52" E, a distance of 899.56' to a point | ||
| for corner | ||
| THENCE N 12deg09'48" E, a distance of 629.46' to a point | ||
| for corner | ||
| THENCE N 46deg27'00" E, a distance of 923.73' to a point | ||
| for corner | ||
| THENCE N 21deg57'56" E, a distance of 516.18' to a point | ||
| for corner | ||
| THENCE N 48deg32'01" W, a distance of 265.75' to a point | ||
| for corner | ||
| THENCE N 39deg11'23" E, a distance of 175.18' to a point | ||
| for corner | ||
| THENCE with a curve turning to the right with an arc | ||
| length of 1671.08', having a radius of 3500.00', a chord which bears | ||
| N 52deg52'03" E, a chord length of 1655.25'; | ||
| THENCE N 66deg32'44" E, a distance of 498.48' to a point | ||
| for corner | ||
| THENCE with a curve turning to the left with an arc | ||
| length of 1904.28', having a radius of 2000.00', a chord which bears | ||
| N 39deg16'07" E, a chord length of 1833.16', | ||
| THENCE S 89deg46'05" E, a distance of 1403.20' to a point for | ||
| corner in the westerly line of Ranch Crest subdivision, a | ||
| subdivision recorded in Cabinet Z, Sheet 1741 of the Real Property | ||
| Records of Montgomery County, Texas | ||
| THENCE S 01 deg. 38' 07" E along the easterly line the said | ||
| 803.86 acre tract, a distance of 7575.75 feet to a 5/8" iron rod | ||
| found for the southeasterly corner of said 803.86 acre tract, also | ||
| being the northeasterly corner of Remington Forest Section 1, and | ||
| being a corner of herein described tract; | ||
| THENCE along the northerly line of Remington Forest Section 1 | ||
| as follows: | ||
| THENCE N 71deg19'31" W, a distance of 175.38' to a point | ||
| for corner | ||
| THENCE N 80deg21'54" W, a distance of 315.27' to a point | ||
| for corner | ||
| THENCE S 75deg59'54" W, a distance of 89.70' to a point | ||
| for corner | ||
| THENCE N 81deg44'54" W, a distance of 110.31' to a point | ||
| for corner | ||
| THENCE S 79deg04'39" W, a distance of 153.54' to a point | ||
| for corner | ||
| THENCE N 67deg55'32" W, a distance of 323.68' to a point | ||
| for corner | ||
| THENCE S 43deg05'21" W, a distance of 324.47' to a point | ||
| for corner | ||
| THENCE N 46deg54'59" W, a distance of 73.97' to a point | ||
| for corner | ||
| THENCE S 43deg05'06" W, a distance of 70.00' to a point | ||
| for corner | ||
| THENCE S 87deg28'04" W, a distance of 2210.19' to a | ||
| point for corner | ||
| THENCE N 34deg51'23" W, a distance of 40.47' to a point | ||
| for corner | ||
| THENCE N 01deg06'12" E, a distance of 140.75' to a point | ||
| for corner | ||
| THENCE S 50deg40'50" W, a distance of 149.29' to a point for | ||
| corner being the northwesterly corner of Remington Forest Section 1 | ||
| THENCE along the westerly line of Remington Forest | ||
| Subdivision, S 03 deg. 10' 26" E, a distance of 1508.02 feet to the | ||
| POINT OF BEGINNING, and containing 809.20 acres of land, more or | ||
| less. | ||
| SECTION 3. (a) The legal notice of the intention to | ||
| introduce this Act, setting forth the general substance of this | ||
| Act, has been published as provided by law, and the notice and a | ||
| copy of this Act have been furnished to all persons, agencies, | ||
| officials, or entities to which they are required to be furnished | ||
| under Section 59, Article XVI, Texas Constitution, and Chapter 313, | ||
| Government Code. | ||
| (b) The governor, one of the required recipients, has | ||
| submitted the notice and Act to the Texas Commission on | ||
| Environmental Quality. | ||
| (c) The Texas Commission on Environmental Quality has filed | ||
| its recommendations relating to this Act with the governor, the | ||
| lieutenant governor, and the speaker of the house of | ||
| representatives within the required time. | ||
| (d) All requirements of the constitution and laws of this | ||
| state and the rules and procedures of the legislature with respect | ||
| to the notice, introduction, and passage of this Act are fulfilled | ||
| and accomplished. | ||
| SECTION 4. (a) If this Act does not receive a two-thirds | ||
| vote of all the members elected to each house, Subchapter C, Chapter | ||
| 7928, Special District Local Laws Code, as added by Section 1 of | ||
| this Act, is amended by adding Section 7928.106 to read as follows: | ||
| Sec. 7928.106. 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, 2015. | ||
| * * * * * | ||
