H.B. No. 4668

	AN ACT
	relating to the creation of the Medina County Water Control and
	Improvement District No. 4; 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 I, Title 6, Special District Local Laws
	Code, is amended by adding Chapter 9031 to read as follows:
	CHAPTER 9031.  MEDINA COUNTY WATER CONTROL AND
	IMPROVEMENT DISTRICT NO. 4
	SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 9031.0101.  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 Medina County Water Control
	and Improvement District No. 4.
	Sec. 9031.0102.  NATURE OF DISTRICT.  The district is a water
	control and improvement district created under Section 59, Article
	XVI, Texas Constitution.
	Sec. 9031.0103.  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. 9031.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
	temporary directors may not hold an election under Section
	9031.0103 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.
	Sec. 9031.0105.  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 water control and improvement district as
	provided by general law and Section 59, Article XVI, Texas
	Constitution, including the collection, transportation,
	processing, disposal, and control of domestic, industrial, or
	communal waste and the gathering, conducting, diverting, and
	control of local stormwater or other harmful excesses of water; 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. 9031.0106.  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. 9031.0201.  GOVERNING BODY; TERMS.  (a)  The district is
	governed by a board of five elected directors.
	(b)  Except as provided by Section 9031.0202, directors
	serve staggered four-year terms.
	Sec. 9031.0202.  TEMPORARY DIRECTORS.  (a)  The temporary
	board consists of:
	(1)  Jim Welch;
	(2)  Allen Hoover;
	(3)  Matt Baillio;
	(4)  Skip Lietz; and
	(5)  David Higgins.
	(b)  Temporary directors serve until the earlier of:
	(1)  the date permanent directors are elected under
	Section 9031.0103; 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 9031.0103 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 9031.0103; 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. 9031.0301.  GENERAL POWERS AND DUTIES.  The district
	has the powers and duties necessary to accomplish the purposes for
	which the district is created.
	Sec. 9031.0302.  WATER CONTROL AND IMPROVEMENT DISTRICT
	POWERS AND DUTIES.  The district has the powers and duties provided
	by the general law of this state, including Chapters 49 and 51,
	Water Code, applicable to water control and improvement districts
	created under Section 59, Article XVI, Texas Constitution, and
	specifically including the powers and duties authorized under
	Subchapter H, Chapter 51, Water Code.
	Sec. 9031.0303.  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. 9031.0304.  ROAD STANDARDS AND REQUIREMENTS. (a) A
	road project must meet all applicable construction standards,
	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, zoning and
	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. 9031.0305.  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 42.042 or 42.0425, Local Government Code, and
	consents to the creation of the district or to the inclusion of land
	in the district.
	SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
	Sec. 9031.0401.  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 9031.0403.
	(b)  The district must hold an election in the manner
	provided by Chapters 49 and 51, 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. 9031.0402.  OPERATION AND MAINTENANCE TAX.  (a)  If
	authorized at an election held under Section 9031.0401, 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. 9031.0403.  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. 9031.0501.  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. 9031.0502.  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 Section 51.433, Water Code.
	Sec. 9031.0503.  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 Medina County Water Control and Improvement
	District No. 4 initially includes all the territory contained in
	the following area:
	FIELD NOTES FOR A 386.666 ACRE TRACT OF LAND IN THE JOSE
	JACINTO GONZALES SURVEY 255, ABSTRACT NO. 408, AND THE BERIANA
	SANDOVAL SURVEY 40, ABSTRACT NO. 840, MEDINA COUNTY, TEXAS, BEING
	ALL OF A CALLED 177.28 ACRE TRACT OF LAND AS CONVEYED UNTO TAUNA R.
	WILTZ IN VOLUME 690, PAGE 494 OF THE OFFICIAL RECORDS OF MEDINA
	COUNTY, TEXAS, ALL OF A CALLED 58.588 ACRE TRACT OF LAND (TRACT 5)
	AS CONVEYED UNTO ROSALIE J. KAIL IN VOLUME 295, PAGE 857 OF THE DEED
	RECORDS OF MEDINA COUNTY, TEXAS, ALL OF A CALLED 116.2 ACRE TRACT OF
	LAND AS CONVEYED UNTO CHRIS RANDAL SCHUCHART IN VOLUME 106, PAGE 705
	OF THE OFFICIAL PUBLIC RECORDS OF MEDINA COUNTY, TEXAS, AND A
	PORTION OF THE REMAINING PORTION OF A CALLED 285.71 ACRE TRACT OF
	LAND AS CONVEYED UNTO CHRIS SCHUCHART IN DOCUMENT NUMBER 2019007792
	OF THE PUBLIC RECORDS OF MEDINA COUNTY, TEXAS; SAID 386.666 ACRE
	TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
	FOLLOWS:
	BEGINNING at a calculated point of the curvilinear west
	right-of-way line of Farm-to-Market (F.M.) Road 471 (R.O.W. ~ 80')
	a shown on the Texas Department of Transportation Right-of-way
	retracement map dated 12/17/2004 at the common corner of said
	177.28 acre tract and a called 58.588 acre tract of land (Tract 4)
	as conveyed unto Millard G. Schuchart in the aforementioned Volume
	295, Page 857, for the easterly northeast corner and POINT OF
	BEGINNING of the herein described tract:
	THENCE, coincident with the common line of said west
	right-of-way, the 177.28 acre tract and the aforementioned 58.588
	acre tract (Tract 5) the following three (3) courses:
	1)  Curving to the left, with a radius of 612.96 feet, an arc
	length of 22.15 feet, a central angle of 02°04'13", a chord bearing
	of S 05°52'13" W, and a chord distance of 22.15 feet to a calculated
	point for a point of tangency of the herein described tract;
	2)  S 04°50'07" W, a distance of 1,545.14 feet to a calculated
	point for an angle point of the herein described tract;
	3)  S 06°01'04" W, a distance of 851.43 feet to a calculated
	point at the common corner of said Tract 5 and Rio Medina Estates as
	recorded in Volume 4, Pages 32-33 of the Plat Records of Medina
	County, Texas, for the easterly southeast corner of the herein
	described tract;
	THENCE, S 89°33'31" W, departing said common line, coincident
	with the common line of Tract 5 and said Rio Medina Estates, a
	distance of 2,280.86 feet to a calculated point on the east line of
	the aforementioned 116.2 acre tract at the common corner of Tract 5
	and Rio Medina Estates, for a re-entrant corner of the herein
	described tract:
	THENCE, S 00°52'29" W, coincident with the common line of Rio
	Medina Estates and said 116.2 acre tract, a distance of 1,109.01
	feet to a calculated point on the north line of a called 114.675
	acre tract of land conveyed unto Randall Allen Haby and described in
	Volume 241, Page 85 of the Official Public Records of Medina County,
	Texas, at the common corner of the 116.2 acre tract and Rio Medina
	Estates, for the southerly southeast corner of the herein described
	tract:
	THENCE, S 89°29'24" W, coincident with the common line of the
	116.2 acre tract, said 114.675 acre tract, the aforementioned
	remaining portion of the 285.71 acre tract, a called 47.175 acre
	tract of land as conveyed unto Newcity Communications of SA, Inc in
	Volume 108, Page 281 of the Official Public Records of Medina
	County, Texas and a called 375.53 acre tract of land as conveyed
	unto Linda Haby Wurzbach in Volume 758, Page 1132 of the Official
	Records of Medina County, Texas, a distance of 3,060.72 feet to a
	calculated point for the southwest corner of the herein described
	tract;
	THENCE, departing said common line, over and across said
	remaining portion of the 285.71 acre tract the following six (6)
	courses:
	1)  N 21°29'40" E, a distance of 410.53 feet to a calculated
	point for an angle point of the herein described tract;
	2)  N 77°53'57" E, a distance of 1,305.08 feet to a calculated
	point for an angle point of the herein described tract;
	3)  N 10°39'31" E, a distance of 597.05 feet to a calculated
	point for an angle point of the herein described tract;
	4)  N 07°19'17" W, a distance of 1,014.63 feet to a calculated
	point for an angle point of the herein described tract;
	5)  N 58°37'44" W, a distance of 713.48 feet to a calculated
	point for an angle point of the herein described tract;
	6)  N 28°45'29" E, a distance of 957.02 feet to a calculated
	point on the common line of the remaining portion of the 285.71 acre
	tract and the aforementioned 116.2 acre tract, for an angle point of
	the herein described tract;
	THENCE, N 09°48'15" W, coincident with the common line of the
	remaining portion of 285.71 acre tract and said 116.2 acre tract, a
	distance of 937.08 feet to a calculated point on the southeast
	right-of-way line of County Road (C.R.) 371, (R.O.W. ~ varies), no
	reference found, at the common corner of the remaining portion of
	the 285.71 acre tract and the 116.2 acre tract, for an angle point
	of the herein described tract;
	THENCE, N 31°22'00" E, coincident with the common line of said
	116.2 acre tract and said right-of-way, a distance of 510.54 feet to
	a calculated point at the southwest end of the cutback line from the
	south right-of-way line of F.M. 1283, (R.O.W. ~ varies, 100' min.)
	as shown on the Texas Department of Transportation Right-of-way
	Retracement Map dated 3/30/2005, for an angle point of the herein
	described tract:
	THENCE, N 75°12'03" E, coincident with the common line of said
	cutback and the 116.2 acre tract, a distance of 146.97 feet to a
	calculated point on the curvilinear south right-of-way line of said
	F.M. 1283, at the beginning of a non-tangent curve for an angle
	point of the herein described tract;
	THENCE, coincident with the common line of said right-of-way,
	the 116.2 acre tract and the aforementioned 177.28 acre tract the
	following three (3) courses:
	1)  Curving to the left, with a radius of 1,969.64 feet, an
	arc length of 1,538.16 feet, a central angle of 44°44'39", a chord
	bearing of S 84°46'27" E, and a chord distance of 1,499.37 feet to a
	calculated point at the end of this curve;
	2)  N 70°56'40" E, a distance of 300.17 feet to a calculated
	point, for an angle point of the herein described tract:
	3)  N 72°51'16" E, a distance of 930.81 feet to a calculated
	point, at the common corner of said 177.28 acre tract and the
	aforementioned 58.588 acre tract (Tract 4), for the northeast
	corner of the herein described tract:
	THENCE, departing said common line, coincident with the
	common line of the 177.28 acre tract and said Tract 4, the following
	three (3) courses:
	1)  S 02°38'00" E, a distance of 673.15 feet to a calculated
	point for an angle point of the herein described tract:
	2)  S 49°26'10" E, a distance of 1,241.45 feet to a calculated
	point for an angle point of the herein described tract:
	3)  S 83°25'00" E, a distance of 435.47 feet to the POINT OF
	BEGINNING and containing 386.666 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
	9031, Special District Local Laws Code, as added by Section 1 of
	this Act, is amended by adding Section 9031.0306 to read as follows:
	Sec. 9031.0306.  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, 2021.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 4668 was passed by the House on May
	18, 2021, by the following vote:  Yeas 100, Nays 37, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 4668 was passed by the Senate on May
	25, 2021, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor