Bill Text: TX SB2011 | 2015-2016 | 84th Legislature | Comm Sub

Texas Senate Bill 2011 (Prior Session Legislation)

TX State Legislature page for SB2011

Bill Title: Relating to the creation of the Waller County Municipal Utility District No. 21; 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 [SB2011 Detail]

Download: Texas-2015-SB2011-Comm_Sub.html



	By: Kolkhorst	S.B. No. 2011
	(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.)
Click here to see the committee vote


	A BILL TO BE ENTITLED
	AN ACT

	relating to the creation of the Waller County Municipal Utility
	District No. 21; 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 7929 to read as follows:
	CHAPTER 7929. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 21
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 7929.001. 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. 21.
	Sec. 7929.002. NATURE OF DISTRICT. The district is a
	municipal utility district created under Section 59, Article XVI,
	Texas Constitution.
	Sec. 7929.003. 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. 7929.004. CONSENT OF MUNICIPALITY REQUIRED. The
	temporary directors may not hold an election under Section 7929.003
	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. 7929.005. 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. 7929.006. 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. 7929.051. GOVERNING BODY; TERMS. (a) The district is
	governed by a board of five elected directors.
	(b) Except as provided by Section 7929.052, directors serve
	staggered four-year terms.
	Sec. 7929.052. 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 7929.003; 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 7929.003 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 7929.003; 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. 7929.101. GENERAL POWERS AND DUTIES. The district has
	the powers and duties necessary to accomplish the purposes for
	which the district is created.
	Sec. 7929.102. 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. 7929.103. 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. 7929.104. 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. 7929.105. 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. 7929.151. 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 7929.153.
	(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. 7929.152. OPERATION AND MAINTENANCE TAX. (a) If
	authorized at an election held under Section 7929.151, 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. 7929.153. 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. 7929.201. 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. 7929.202. 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. 7929.203. 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.
	21 initially includes all the territory contained in the following
	area:
	Being a 794.46 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 794.46
	acre tract, being more particularly described as follows:
	BEGINNING at a 2" iron pipe found for the southeasterly
	corner of a called 20.0 acre tract of land as recorded in Volume
	1395, Page 146 of the Deed Records of Waller County, Texas;
	THENCE N 03 deg. 35' 03" W along the easterly line of said
	20.0 acre tract, also along the easterly line of a 90.0 acre tract
	as recorded in Volume 1395, Page 146, of the Deed Records of Waller
	County, Texas, a distance of 3024.46 feet (passing at 2986.66' a 1"
	iron pipe) to a 5/8" iron rod set for the northeasterly corner of
	said 90.0 acre tract, also being the southeasterly corner of a
	163.4756 acre tract as recorded in Volume 1395, Page 146, of the
	Deed Records of Waller County, Texas also being the southwesterly
	corner of a 14.995 acre tract as recorded in Volume 1395, Page 146,
	of the Deed Records of Waller County, Texas, and being a
	northwesterly corner of herein described tract;
	THENCE N 87 deg. 24' 23" E along the southerly line of said
	14.995 acre tract, also along a 26.503 acre tract as recorded in
	Volume 252, Page 769 of the Deed Records of Waller County, Texas,
	also along a 26.503 acre tract as recorded in Volume 1253, Page 806,
	of the Deed Records of Waller County, Texas also along a 26.503 acre
	tract as recorded in Volume 249, Page 704 of the Deed Records of
	Montgomery County, Texas, a distance of 5061.12 feet to a 5/8" iron
	rod set for the southwesterly corner of a called 8.807 acre tract of
	land as recorded in Clerk's File No. 2005-063061 of the Real
	Property Records of Montgomery County Texas, also being in the
	southerly Right of Way of the Missouri Pacific Railroad, 150' Right
	of way recorded in Volume 26, Page 320 of the Deed Records of
	Montgomery County, Texas, and being a northerly corner of herein
	described tract;
	THENCE along the southerly line of the said 8.807 acre tract
	and the Railroad Right of Way as follows:
	S 43 deg 56' 21" E a distance of 830.35 feet to a 5/8"
	iron rod set for corner
	THENCE along a curve to the left with a radius of 2021.71
	feet, a chord that bears S 51 deg 09' 41" E, a chord distance of
	429.85' to a 5/8" iron rod set for in the westerly line of a called
	62.677 acre tract of land as recorded in Montgomery County Clerk's
	File No. 2006-059345, and being the most northerly northeast corner
	of the herein described tract;
	THENCE S 01 deg. 38' 08" E along the westerly line of the said
	62.677 acre tract, a distance of 2542.42 feet to 5/8" iron rod
	capped found for the northeasterly corner of a 803.86 acre tract as
	recorded in Volume 1330, Page 226 of the Deed Records of Waller
	County, Texas, also being the northwesterly corner of Ranch Crest
	Subdivision, Section 2, as recorded under Montgomery County Map
	Records in Cabinet Z, Sheet 1741, and being a corner of herein
	described tract;
	THENCE S 01 deg. 38' 07" E along the easterly line the said
	803.86 acre tract, a distance of 1463.36 feet to the southeasterly
	corner of the herein described tract
	THENCE across the said 803.86 acre tract and the said
	2023.4232 acre tract as follows:
	THENCE N 89deg46'05" W, a distance of 1403.20' to a
	point for corner
	THENCE with a curve turning to the right with an arc
	length of 1904.28', having a radius of 2000.00', a chord which
	bears S 39deg16'07" W, a chord length of 1833.16';
	THENCE S 66deg32'44" W, a distance of 498.48' to a point
	for corner
	THENCE with a curve turning to the left with an arc
	length of 1671.08', having a radius of 3500.00', a chord which
	bears S 52deg52'03" W, a chord length of 1655.25';
	THENCE S 39deg11'23" W, a distance of 175.18' to a point
	for corner
	THENCE N 48deg32'01" W, a distance of 1741.71' to a
	point for corner
	THENCE N 01deg42'32" W, a distance of 291.80' to a point
	for corner
	THENCE N 50deg13'03" E, a distance of 936.60' to a point
	for corner
	THENCE N 37deg13'01" W, a distance of 1044.87' to a
	point for corner
	THENCE N 12deg11'39" W, a distance of 614.73' to a point
	for corner
	THENCE N 05deg26'33" W, a distance of 897.80' to the POINT OF
	BEGINNING, and containing 794.46 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
	7929, Special District Local Laws Code, as added by Section 1 of
	this Act, is amended by adding Section 7929.106 to read as follows:
	Sec. 7929.106. 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.

	* * * * *