Bill Text: TX HB5390 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the creation of the Waller County Municipal Utility District No. 52; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-06-11 - Effective immediately [HB5390 Detail]
Download: Texas-2023-HB5390-Enrolled.html
H.B. No. 5390 |
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relating to the creation of the Waller County Municipal Utility | ||
District No. 52; 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 7995A to read as follows: | ||
CHAPTER 7995A. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 52 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7995A.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 Waller County Municipal | ||
Utility District No. 52. | ||
Sec. 7995A.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7995A.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. 7995A.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
7995A.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. 7995A.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. 7995A.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. 7995A.0201. GOVERNING BODY; TERMS. (a) The district | ||
is governed by a board of five elected directors. | ||
(b) Except as provided by Section 7995A.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 7995A.0202. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) Frank Bertlilino; | ||
(2) Roel Badillo; | ||
(3) Ryan Burns; | ||
(4) Justin Spears; and | ||
(5) Campbell Anderson. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 7995A.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 7995A.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 7995A.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. 7995A.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7995A.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. 7995A.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. 7995A.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. 7995A.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. 7995A.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 | ||
7995A.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. 7995A.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7995A.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. 7995A.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. 7995A.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. 7995A.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. 7995A.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 Waller County Municipal Utility District | ||
No. 52 initially includes all the territory contained in the | ||
following area: | ||
Being a tract of land containing 381.279 acres (16,301,720 | ||
square feet) located in a portion of the J.P. Grigsby Survey, | ||
Abstract Number (No.) 132, the Jacob Taylor Survey Abstract (No.) | ||
268, and the Ambrose Powell Survey Abstract (No.) 239, in Waller | ||
County Texas; Said 381.279 acre tract being all of a called 374.2356 | ||
acre tract recorded in the name of Maple Reserve, LLC, under Waller | ||
County Clerk File (W.C.C.F.) No. 2209021, and also all of a called | ||
7.0393 acre tract in the name of Maple Reserve Square, LLC, under | ||
W.C.C.F. No. 2209024, said 381.279 acre tract being more | ||
particularly described by metes and bounds as follows, (all | ||
bearings are based on the Texas Coordinate System of 1983 (NAD83), | ||
South Central Zone, per GPS observations): | ||
BEGINNING at the northeast corner of a called 13.4394 acre | ||
tract, recorded in the name of Rebecca Lynn Scansy under W.C.C.F. | ||
No. 1207072 and being on the South Right-Of-Way (ROW) of Mayer Road | ||
(60' foot public ROW) recorded in Waller County Deed Record | ||
(W.C.D.R.) Vol. 161, Pg. 327), being the Northwest corner of said | ||
374.2356 acre tract, and being the Northwest corner of herein | ||
described tract; | ||
THENCE, with the line common to said 374.2356 acre tract, | ||
said 7.0393 acre tract, and said South ROW of said Mayer Road, and | ||
the herein described tract the following two (2) courses; | ||
1. North 86 degrees 32 minutes 04 seconds East, a distance | ||
of 1907.71 feet to an angle point in the herein described tract; | ||
2. North 86 degrees 22 minutes 23 seconds East, a distance | ||
of 1519.88 feet to the northeast corner of said 7.0393 acre tract, | ||
being the northeast corner of herein described tract, and also | ||
being the intersection with the West ROW of FM 362 (80' foot public | ||
ROW) recorded in W.C.D.R. Vol. 34, Pg. 7 and Vol. 116, Pg. 443; | ||
THENCE, with the line common to said 374.2356 acre tract, | ||
said 7.0393 acre tract, said west ROW of FM 362, and the herein | ||
described tract the following seven (7) courses: | ||
1. South 28 degrees 26 minutes 15 seconds East, a distance | ||
of 274.91 feet to the beginning of a curve to the right; | ||
2. 510.54 feet along the arc of said curve to the right | ||
having a radius of 1105.92 feet, a central angle of 26 degrees 27 | ||
minutes 01 seconds, and a chord that bears South 15 degrees 12 | ||
minutes 45 seconds East, a distance of 506.02 feet to an angle point | ||
in the herein described tract; | ||
3. South 01 degrees 59 minutes 15 seconds East, a distance | ||
of 475.20 feet to an angle point in the herein described tract; | ||
4. South 02 degrees 34 minutes 15 seconds East, a distance | ||
of 1707.22 feet to an angle point in the herein described tract; | ||
5. South 02 degrees 36 minutes 15 seconds East, a distance | ||
of 1149.31 feet to an angle point at the beginning of a curve to the | ||
left; | ||
6. 156.16 feet along the arc of said curve to the left having | ||
a radius of 560.87 feet, a central angle of 15 degrees 57 minutes 11 | ||
seconds, and a chord that bears South 10 degrees 34 minutes 51 | ||
seconds East, a distance of 155.66 feet to an angle point in the | ||
herein described tract; | ||
7. South 02 degrees 22 minutes 17 seconds East, a distance | ||
of 340.27 feet to an angle point in the north R.O.W. of Flukinger | ||
Road (50' Public R.O.W.) recorded in W.C.D.R. Vol. 252, Pg. 297 and | ||
Vol. 392, Pg. 670 and being the southeast corner of herein described | ||
tract; | ||
THENCE, along the line common to said 374.236 acre tract and | ||
the North R.O.W. of Flukinger Road, and the herein described tract | ||
the following two (2) courses: | ||
1. South 86 degrees 30 minutes 34 seconds West, a distance | ||
of 1771.42 feet to an angle point in the herein described tract; | ||
2. South 86 degrees 11 minutes 28 seconds West, a distance | ||
of 1615.33 feet to an angle point in the easterly boundary line of a | ||
called 15.000 acre tract recorded in the name of Shirley L. Russ | ||
under the W.C.D.R. Vol 257, Pg. 60, and being the most southerly | ||
Southwest corner of the herein described tract; | ||
THENCE, with the line common to said 15.000 acre tract, and | ||
the herein described tract the following two (2) courses; | ||
1. North 05 degrees 29 minutes 48 seconds East, a distance | ||
of 254.70 feet to the northeast corner of said 15.000 acre tract, | ||
and an angle point in the herein described tract; | ||
2. South 89 degrees 51 minutes 06 seconds West, a distance | ||
of 350.34 feet along the northern boundary line of said 15.000 acre | ||
tract to an angle point in the eastern boundary line of a called | ||
16.000 acre tract recorded in the name of Connie C. Hatfield under | ||
the W.C.C.F. No. 808499 and the southwest corner of herein | ||
described tract; | ||
THENCE, with the line common to said 16.000 acre tract, a | ||
called 4.000 acre tract recorded in the name of Connie C. Hatfield, | ||
under the W.C.C.F. No. 808499 and the herein described tract, North | ||
01 degrees 47 minutes 18 seconds West, a distance of 1300.37 feet to | ||
an angle point in the herein described tract; | ||
THENCE, with the line common to said 16.000 acre tract, the | ||
herein described tract, a called 7.8444 acre tract recorded in the | ||
name of Patricia Louise Hudy, under the W.C.C.F. No. 1207073, and a | ||
called 13.438 acre tract recorded in the name of Ashley Sue Durfee, | ||
under the W.C.C.F. No. 1207075, of said 13.438 acre tract North 02 | ||
degrees 24 minutes 28 seconds West a distance of 3005.54 feet to the | ||
POINT OF BEGINNING, containing 381.279 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 | ||
7995A, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7995A.0306 to read as | ||
follows: | ||
Sec. 7995A.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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 5390 was passed by the House on May 9, | ||
2023, by the following vote: Yeas 106, Nays 36, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 5390 was passed by the Senate on May | ||
21, 2023, by the following vote: Yeas 27, Nays 4. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |