Bill Text: TX HB5380 | 2023-2024 | 88th Legislature | Engrossed

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Bill Title: Relating to the creation of the Theon Ranches Municipal Utility District No. 3; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2023-05-17 - Recommendations filed with the Speaker [HB5380 Detail]

Download: Texas-2023-HB5380-Engrossed.html

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88R14283 SCP-F
By: Wilson H.B. No. 5380

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Theon Ranches Municipal Utility
District No. 3; 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 7963A to read as follows:
CHAPTER 7963A. THEON RANCHES MUNICIPAL UTILITY DISTRICT NO. 3
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7963A.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 Theon Ranches Municipal
Utility District No. 3.
Sec. 7963A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7963A.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. 7963A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7963A.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. 7963A.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. 7963A.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. 7963A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 7963A.0202, directors
serve staggered four-year terms.
Sec. 7963A.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Robert Peerman;
(2) David Featherston;
(3) Eric Miller;
(4) Lisa Laguna; and
(5) John Chang.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7963A.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 7963A.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 7963A.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. 7963A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7963A.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. 7963A.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. 7963A.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. 7963A.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. 7963A.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
7963A.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. 7963A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7963A.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. 7963A.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. 7963A.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. 7963A.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. 7963A.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 Theon Ranches Municipal Utility District
No. 3 initially includes all the territory contained in the
following area:
BEING approximately 271.35 acres of land in Williamson County,
Texas, said land being all of the 261.35 acres as described in Tract
"A", and all of the 10 acres as described in Tract "B". Those
individual tracts being described as follows:
Tract "A"
BEING 261.35 acres of land, situated in the Edmund Parsons Survey,
Abstract No. 494 and the Nathaniel Moore Survey, Abstract No. 410,
in Williamson County, Texas, said 261.35 acres being out of five (5)
tracts of land, first tract being a portion of a 97.7 acre tract, of
record to Cobb Springs Ranch, LTD, Exhibit B, Document No. 9838600,
Official Public Records Williamson County, Texas (OPRWCT), second
tract being a 52.03 acre tract, of record to Cobb Springs Ranch,
LTD, Exhibit A, Document No. 2011079583, (OPRWCT), third tract
being a 76.927 acre tract, of record to Cobb Springs Ranch, LTD,
Exhibit A, Document No. 9838601, (OPRWCT), fourth tract being a
43.61 acre tract, of record to Cobb Springs Ranch, LTD, Exhibit A,
Document No. 2000083825, (OPRWCT) and fifth tract being an
unrecorded strip of land, said strip of land being a 0.5551 acre
tract (24,182 square feet). This tract was surveyed on the ground in
November of 2021 under the direction of William F. Forest, Jr.,
Registered Professional Land Surveyor No. 1847. Survey note: The
bearing basis for this survey is the State Plane Coordinate System,
Texas Central Zone (4203), and being more particularly described by
metes and bounds as follows:
BEGINNING, at a 1/2" iron pin found (steel pin), at the Southwest
corner of said 97.7 acre tract, for the Southwest corner hereof,
same being the upper Northwest corner of a 4.02 acre tract, of
record to Robert A. Van Swelm and Patricia Van Swelm, Document
No. 2017095989, (OPRWCT), said point being a point in the East
Right-of-Way line of County Road 234, from which a 1/2" capped iron
pin found, marked "FOREST RPLS 1847", bears: S 21°37'06" E, 21.52
feet,
THENCE, with the West boundary line of said 97.7 acre tract and the
East Right-of-Way line of County Road 234, along or near a fence, N
21°22'50" W, crossing the common Survey line of the Nathaniel Moore
Survey, Abstract No. 410 and the Edmund Parsons Survey, Abstract
No. 494, in all a total distance of 3228.45 feet, to a 1/2" capped
iron pin set, marked "FOREST RPLS 1847", at the Northwest corner of
said 97.7 acre tract, for the Northwest corner hereof, said point
being a point in the South Right-of-Way line of Farm to Market Road
487 (FM 487),
THENCE, with the North boundary line of said 97.7 acre tract and the
South Right-of-Way line of FM 487, along or near a fence, N 80°32'16"
E, passing at 409.73 feet, the remains of a TXDOT Type I concrete
marker, in all a total distance of 987.50 feet, to a 1/2" capped
iron pin found, marked "FOREST RPLS 1847", at the Northeast corner
of said 97.7 acre tract, for an angle point hereof, said point being
the Northwest corner of said 52.03 acre tract, from which a 1/2"
capped iron pin found, marked "FOREST RPLS 1847", at the Southwest
corner of said 52.03 acre tract, bears: S 21°27'07" E, 1969.98 feet,
THENCE, with the North boundary line of said 52.03 acre tract and
the South Right-of-Way line of FM 487, along or near a fence, the
following three (3) courses and distances:
1. N 80°32'16" E, 260.89 feet, to a TXDOT Type I concrete marker, at
the point of curvature for an angle point hereof,
2. in a easterly direction with a non-tangent curve to the left,
(C1) with a Radius of 1178.28 feet, having a Chord Bearing of N
73°11'06" E, 303.24 feet, having a Central Angle of 14°47'12" and an
Arc Length of 304.09 feet, to a TXDOT Type I concrete marker, at the
point of tangency, for an angle point hereof,
3. N 65°50'39" E, 629.67 feet, to a 1/2" iron pin found, at the
Northeast corner of said 52.03 acre tract, for an angle point
hereof, said point being the Northwest corner of said 76.927 acre
tract,
THENCE, with the North boundary line of said 76.927 acre tract and
the South Right-of-Way line of FM 487, along or near a fence, the
following four (4) courses and distances:
1. N 65°50'39" E, 577.18 feet, to a TXDOT Type I concrete marker, at
the point of curvature, for the upper Northeast corner hereof,
2. in an easterly direction with a tangent curve to the right, (C2)
with a Radius of 532.96 feet, having a Chord Bearing of S 67°55'46"
E, 769.78 feet, having a Central Angle of 92°28'08" and an Arc Length
of 860.14 feet, to a 3/8" iron pin found, at the point of tangency,
for the lower Northeast corner hereof,
3. S 21°41'45" E, 876.06 feet, to a TXDOT Type I concrete marker, at
the point of curvature for an angle point hereof,
4. in a southeasterly direction with a tangent curve to the left,
(C3) with a Radius of 613.89 feet, having a Chord Bearing of S
30°08'38" E, 180.38 feet, having a Central Angle of 16°53'48" and an
Arc Length of 181.04 feet, to calculated point, for an angle point
hereof, a 3/8" iron pin found, bears: S 20°58'07" E, 0.21 feet, said
point being the Northwest corner of a 7.73 acre tract, of record to
Frank L. Fletcher, Document No. 2017046532, (OPRWCT), described in
Document No. 2006034149, (OPRWCT), from which a TXDOT Type I
concrete marker found, bears: in a southeasterly direction with a
non-tangent curve to the left, (C4) with a Radius of 613.89 feet,
having a Chord Bearing of S 74°39'37" E, 722.85 feet, having a
Central Angle of 72°08'11" and an Arc Length of 772.90 feet,
THENCE, departing said Right-of-Way line, with the common boundary
line of said 76.927 acre tract and said 7.73 acre tract, along or
near a fence, S 20°58'07" E, passing at 0.21 feet, 3/8" iron pin
found, passing at 4 feet, a 4" square concrete monument, S 69°01'53"
W, 0.67 feet, and crossing the common Survey line of the Nathaniel
Moore Survey, Abstract No. 410 and the Edmund Parsons Survey,
Abstract No. 494, and passing the common corner of said 7.73 acre
tract and a 13.00 acre tract, of record to Frank L. Fletcher,
Document No. 2017046531, (OPRWCT), described in Document
No. 9733401, (OPRWCT), and continuing with the common boundary line
of said 76.927 acre tract and said 13.00 acre tract, in all a total
distance of 1391.06 feet, to a 4" square concrete monument, at the
Southeast corner of said 76.927 acre tract, for an angle point
hereof, said point being the termination of a boundary agreement
between Frank L. Fletcher and Cobb Springs Ranch, LTD, Document
No. 2001002451, said point being the Northeast corner of said
0.5551 acre tract, an unrecorded strip of land, from which a 5/8"
iron pin found inside a 2" galvanized iron pipe, at the Southwest
corner of said 76.927 acre tract, bears: S 68°20'29" W, 1164.49
feet,
THENCE, continuing with said boundary agreement, S 19°19'34" E, 9.72
feet, to a 1/2" iron pin found, at the Southwest corner of said
13.00 acre tract, for an ell corner hereof, said point being a point
in the North line of a 2 track lane, from which the Southeast corner
of said 0.5551 acre tract, an unrecorded strip of land, bears: S
19°19'34" E, 12.08 feet,
THENCE, continuing with said boundary agreement, N 69°03'10" E,
crossing the 2 track lane, in all a total distance of 1086.02 feet,
to a 1/2" capped iron pin set, marked "FOREST RPLS 1847", for an ell
corner hereof, said point being the Northeast corner of a 43.61 acre
tract, of record to Cobb Springs Ranch, LTD, Document
No. 2000083825, same being the Southeast corner of said 13.00 acre
tract, said point being a point in the West Right-of-Way line of
County Road 239, from which a 1/2" iron pin found, at the Northeast
corner of said 13.00 acre tract, bears: N 21°04'32" W, 522.18 feet,
THENCE, with the East boundary line of said 43.61 acre tract and the
West Right-of-Way line of County Road 239, along or near a fence, S
21°04'32" E, 1038.90 feet, to a 3/8" iron pin found, at the Southeast
corner of said 43.61 acre tract, for the Southeast corner hereof,
said point being the Northeast corner of a 99.49 acre tract, of
record to Danek Construction, Document No. 2006027410, (OPRWCT),
described in Volume 602, Page 888, Deed Records Williamson County,
Texas (DRWCT),
THENCE, departing said Right-of-Way line, with South boundary line
of said 43.61 acre trac, along or near a fence, S 68°51'36" W,
1842.80 feet, to a 1/2" capped iron pin set, marked "FOREST RPLS
1847", at the Southwest corner of said 43.61 acre tract, for an ell
corner hereof, same being the Southeast corner of a 27.55 acre
tract, of record to Robert A. Van Swelm and Patricia Van Swelm,
Tract 2, Exhibit B, Document No. 2017095989, (OPRWCT), from which a
1/2" iron pin found, at the Northwest corner of said 99.49 acre
tract, bears: S 68°32'49" W, 344.78 feet,
THENCE, with the common boundary line of said 43.61 acre tract and
said 27.55 acre tract, N 21°01'56" W, passing at 1004.60 feet, a 1/2"
iron pin found, at the South line of a road lane, said point being
the Southeast corner of a 1.26 acre tract, of record to Amy Andrews,
Exhibit A, Document No. 2000065741, (OPRWCT), and continuing in all
a total distance of 1024.63 feet, to a 1/2" iron pin found, for an
ell corner hereof, said point being the Northwest corner of said
43.61 acre tract, same being the Northeast corner of said 27.55 acre
tract, same being the Northeast corner of said 1.26 acre tract, said
point being a point in the South line of said 0.5551 acre tract, an
unrecorded strip of land,
THENCE, with the common boundary line of said 27.55 acre tract and
said 0.5551 acre tract, along the South line of a road lane, S
68°31'57" W, passing at 408.01 feet, the Southeast corner of said
97.7 acre tract, same being the Southwest corner of said 0.5551 acre
tract, and continuing with the common boundary line of said 97.7
acre tract and said 27.55 acre tract, in all a total distance of
975.08 feet, to a 1/2" capped iron pin found, marked "FOREST RPLS
1847", at the Northeast corner of said 4.02 acre tract, for an angle
point hereof,
THENCE, continuing with the common boundary line of said 97.7 acre
tract and said 4.02 acre tract, S 69°19'55" W, 128.20 feet, to a 1/2"
iron pin found, at the Southeast corner of a 10.00 acre tract, of
record to Daniel Voss and Kathryn Voss, Exhibit A, Document
No. 1999985405, (OPRWCT),
THENCE, over and across said 97.7 acre tract, following the
perimeter of said 10.00 acre tract, the following three (3) courses
and distances:
1. N 23°27'53" W, passing at 20.04 feet, a 1/2" iron pin found, in
the North line of said Road lane, in all a total distance of 993.53
feet, to a 1/2" iron pin found, at the Northeast corner of said
10.00 acre tract, for an ell corner hereof,
2. S 68°27'28" W, 438.04 feet, to a 3/8" iron pin found, at the
Northwest corner of said 10.00 acre tract, for an ell corner hereof,
3. S 23°25'00" E, passing at 974.00 feet, a 1/2" capped iron pin set,
marked "FOREST RPLS 1847", in all a total distance of 993.98 feet,
to a 1/2" iron pin found, at the Southwest corner of said 10.00 acre
tract, for an ell corner hereof, said point being a point in the
common boundary line of said 97.7 acre tract and said 4.02 acre
tract, said point being in the approximate centerline of a gravel
driveway,
THENCE, with the South boundary line of said 97.7 acre tract and
North boundary line of said 4.02 acre tract, along or near the
centerline of a gravel driveway, S 68°23'17" W, 1011.78 feet, to the
POINT OF BEGINNING, and containing 261.35 acres, more or less.
TRACT "B"
All that certain tract or parcel of land situated in Williamson
County, Texas, out of the Edmond Parsons Survey, Abstract No. 494,
being a part of that tract described as 97.7 acres (Tract 2) in a
Warranty Deed granted to Cobb Springs Ranch, Ltd., dated July 7,
1998, and recorded as Doc# 9838600, Official Records, Williamson
County and further described by metes and bounds:
BEGINNING at a 1/2" iron pin set in the center line of a private
road, said center line being the South line of said Cobb Springs
Ranch, Ltd. tract for the Southwest corner of this tract; the
Southwest corner of said Cobb Springs Ranch, Ltd. tract, marked by a
1/2" iron pin set at the intersection of the centerline of said
private road and the East margin of County Road 234 bears S 70°54'32"
W 1012.13 feet;
THENCE: N 20°54'22" W at 19.72 feet passing a 60d nail set in a fence
post in the North margin of said private road, in all 994.14 feet
into said Cobb Springs Ranch, Ltd. tract with a wire fence to a 1/2"
iron pin set for the Northwest corner of this tract;
THENCE: N 71°00'00" E 438.56 feet to a 1/2" iron pin set for the
Northeast corner of this tract;
THENCE: S 20°54'22" E, at 973.28 feet passing a 1/2" iron pin set in
a wire fence line in the North margin of said private road, in all
993.44 feet to a 1/2" iron pin set in the center line of said private
road for the Southeast corner of this tract;
THENCE: S 70°54'32" W 438.54 feet with the center line of said
private road and the South line of said Cobb Springs Ranch, Ltd.
tract to the point of Beginning and containing 10.00 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
7963A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7963A.0306 to read as
follows:
Sec. 7963A.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.