Bill Text: TX HB89 | 2023 | 88th Legislature 4th Special Session | Introduced
Bill Title: Relating to the creation of the Travis County Municipal Utility District No. 27; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-11-08 - Filed [HB89 Detail]
Download: Texas-2023-HB89-Introduced.html
| By: Flores | H.B. No. 89 | |
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| relating to the creation of the Travis County Municipal Utility | ||
| District No. 27; 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 7950A to read as follows: | ||
| CHAPTER 7950A. TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 27 | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 7950A.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 Travis County Municipal | ||
| Utility District No. 27. | ||
| Sec. 7950A.0102. NATURE OF DISTRICT. The district is a | ||
| municipal utility district created under Section 59, Article XVI, | ||
| Texas Constitution. | ||
| Sec. 7950A.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. 7950A.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
| temporary directors may not hold an election under Section | ||
| 7950A.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 | ||
| general law. | ||
| Sec. 7950A.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. 7950A.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. 7950A.0201. GOVERNING BODY; TERMS. (a) The district | ||
| is governed by a board of five elected directors. | ||
| (b) Except as provided by Section 7950A.0202, directors | ||
| serve staggered four-year terms. | ||
| Sec. 7950A.0202. 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 7950A.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 7950A.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 7950A.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. 7950A.0301. GENERAL POWERS AND DUTIES. The district | ||
| has the powers and duties necessary to accomplish the purposes for | ||
| which the district is created. | ||
| Sec. 7950A.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. 7950A.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. 7950A.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. 7950A.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. 7950A.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 | ||
| 7950A.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. 7950A.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
| authorized at an election held under Section 7950A.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. 7950A.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. 7950A.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. 7950A.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. 7950A.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 Travis County Municipal Utility District | ||
| No. 27 initially includes all the territory contained in the | ||
| following area: | ||
| TRACT 1: | ||
| Being 21.95 acres of land, more or less, out of the Augustus | ||
| Kincheloe Survey, Abstract No. 457, Travis County, Texas, being a | ||
| portion of that tract conveyed to Stermaster Properties, LLC, by | ||
| deed recorded in Document No. 2021100283, Official Public Records, | ||
| Travis County, Texas, as surveyed on the ground by Texas Land | ||
| Surveying, Inc. on June 15th, 2021, and further described by metes | ||
| and bounds as follows: | ||
| BEGINNING at a 1/2 inch iron rod found in concrete in the | ||
| south line of FM 1327, marking the northeast corner of a tract | ||
| conveyed to Irma May A. Fernandez De Leon, by deed recorded in | ||
| Document No. 2018086771, of said Official Public Records, for the | ||
| northwest corner of said Stermaster tract and this tract; | ||
| THENCE: N 73°42'42" E, 799.30 feet with the south line of said | ||
| FM 1327 and the north line of said Stermaster tract to a 1/2 inch | ||
| iron rod with pink cap stamped "TLS" set, for the northeast corner | ||
| of this tract, from which a 1/2 inch iron rod found in concrete, | ||
| marking the northwest corner of a tract conveyed to Clifford Gus | ||
| Graef, by deed recorded in Volume 7303, Page 323, Deed Records, | ||
| Travis County, Texas, also marking the northeast corner of said | ||
| Stermaster tract, bears N 73°42'42" E, 680.61 feet; | ||
| THENCE: S 46°59'48" E, 1204.37 feet into and across said | ||
| Stermaster tract to a 1/2 inch iron rod with pink cap stamped "TLS" | ||
| set in the north line of a tract conveyed to Michelle Dimanoff, by | ||
| deed recorded in Document No. 2018193755, of said Official Public | ||
| Records and the south line of said Stermaster tract, for the | ||
| southeast corner of this tract, from which a 1/2 inch iron rod found | ||
| in the west line of said Graef tract, marking the northeast corner | ||
| of said Dimanoff tract, also marking the southeast corner of said | ||
| Stermaster tract, bears N 43°00'13" E, 588.93 feet; | ||
| THENCE: S 43°00'13" W, 672.86 feet with the north line of said | ||
| Dimanoff tract and the south line of said Stermaster tract to a 1/2 | ||
| inch iron rod with pink cap stamped "TLS" found in the north-south | ||
| running north line of Tom Sassman Road, marking the northwest | ||
| corner of said Dimanoff tract, for the southwest corner of said | ||
| Stermaster tract and this tract; | ||
| THENCE: N 47°30'25" W, with the north-south running line of | ||
| said Tom Sassman Road and the west line of said Stermaster tract at | ||
| 5.40 feet passing a 1/2 inch iron rod with orange cap stamped "Hayes | ||
| RPLS 5703" found, marking the southeast corner of Maha Creek | ||
| Estates, said plat recorded in Volume 86, Page 45B, Plat Records, | ||
| Travis County, Texas, continuing with the east line of said Maha | ||
| Creek Estates and the west line of said Stermaster tract at 721.47 | ||
| feet passing a 1/2 inch iron rod with "Hayes RPLS 5703" found, | ||
| continuing in part with the east line of said Maha Creek Estates and | ||
| with the east line of said Leon tract, and the west line of said | ||
| Stermaster tract in all 1612.61 feet to the Point of Beginning. | ||
| TRACT 2: | ||
| BEING 20.79 ACRES OF LAND OUT OF THE AUGUSTUS KINCHELOE | ||
| SURVEY NUMBER 2, ABSTRACT NUMBER 457, TRAVIS COUNTY, TEXAS, SAME | ||
| BEING ALL OF THAT CERTAIN J.M.T.C.V., LTD 21.9716 ACRE TRACT | ||
| RECORDED IN DOCUMENT NUMBER 2005046836, OFFICIAL PUBLIC RECORDS, | ||
| TRAVIS COUNTY, TEXAS, SAVE AND EXCEPT THAT CERTAIN 0.608 ACRE TRACT | ||
| AND THAT CERTAIN 0.575 ACRE TRACT, BOTH RECORDED IN DOCUMENT | ||
| NUMBERS, 2014186864, 2015054419 AND 2015059567, ALL OF THE OFFICIAL | ||
| PUBLIC RECORDS, TRAVIS COUNTY, TEXAS, SAID 20.79 ACRES OF LAND TO BE | ||
| MORE PARTICULARLY DESCRIBED AS FOLLOWS: | ||
| BEGINNING at an iron rod in the westerly line of that certain | ||
| Clifford Graef 13.6310 acre tract recorded in Volume 5029, Page | ||
| 107, Deed Records, said county, at the southeast corner of that | ||
| certain Arlon Wayne Graef 35.87 acre tract recorded in Document | ||
| Number 2016180663, Official Public Records, said county, same being | ||
| the northwest corner of said 21.9716 acre tract, for the northwest | ||
| corner hereof; | ||
| THENCE South 47 degrees 07 minutes 44 seconds East, along the | ||
| westerly line of said 13.6310 acre tract and the northerly line of | ||
| said 21.9716 acre tract, 549.33 feet to an iron rod found in said | ||
| line, at the northwest corner of said 0.608 acre tract, for an angle | ||
| corner in the northerly line hereof; | ||
| THENCE through said 21.9716 acre tract, along the westerly, | ||
| southerly and easterly line of said 0.608 acre tract, the following | ||
| 3 calls, | ||
| 1. South 66 degrees 24 minutes 26 seconds West, 209.37 feet | ||
| to an iron rod found, | ||
| 2. South 26 degrees 19 minutes 46 seconds East, 160.66 feet | ||
| to an iron rod found, | ||
| 3. North 48 degrees 22 minutes 41 seconds East, 196.16 feet | ||
| to an iron rod found in the westerly right-of-way line of S. U.S. | ||
| Highway 183, at the northeast corner of said 0.608 acre tract, same | ||
| being in the northerly line of said 21.9716 acre tract, for an angle | ||
| corner in the northerly line hereof; | ||
| THENCE South 04 degrees 15 minutes 32 seconds East, along | ||
| said Highway 183 and the northerly line of said 21.9716 acre tract, | ||
| 111.11 feet to an iron rod found at the intersection of said Highway | ||
| 183 and the westerly right-of-way line of Tom Sassman Road, same | ||
| being the northeast corner of said 21.9716 acre tract, for the | ||
| northeast corner hereof; | ||
| THENCE South 18 degrees 20 minutes 06 seconds West, along | ||
| said Tom Sassman Road and the easterly line of said 21.9716 acre | ||
| tract, 104.45 feet to an iron rod found in said line, at the | ||
| northwest corner of said 0.575 acre tract, for an angle corner in | ||
| the easterly line hereof; | ||
| THENCE through said 21.9716 acre tract, along the westerly | ||
| and southerly line of said 0.575 acre tract, the following 6 calls, | ||
| 1. South 41 degrees 52 minutes 26 seconds West, 245.18 feet | ||
| to an iron rod found, | ||
| 2. North 48 degrees 16 minutes 41 seconds West, 67.75 feet | ||
| to an iron rod found, | ||
| 3. South 70 degrees 17 minutes 52 seconds West, 150.75 feet | ||
| to an iron rod found, | ||
| 4. South 14 degrees 29 minutes 15 seconds East, 100.37 feet | ||
| to an iron rod found, | ||
| 5. North 70 degrees 13 minutes 40 seconds East, 85.37 feet | ||
| to an iron rod found, | ||
| 6. South 47 degrees 46 minutes 18 seconds East, 39.04 feet | ||
| to an iron rod found in said right-of-way line, at the southeast | ||
| corner of said 0.575 acre tract, same being in the easterly line of | ||
| said 21.9716 acre tract, for an angle corner in the easterly line | ||
| hereof; | ||
| Thence continuing along said right-of-way line and the | ||
| easterly and southerly line of said 21.9716 acre tract, the | ||
| following 4 calls, | ||
| 1. South 42 degrees 34 minutes 47 seconds West, 598.66 feet | ||
| to an iron rod found, | ||
| 2. South 60 degrees 42 minutes 46 seconds West, 26.42 feet | ||
| to an iron rod set, | ||
| 3. South 89 degrees 54 minutes 48 seconds West, 18.83 feet | ||
| to an iron rod found at the southeast corner of said 21.9716 acre | ||
| tract, for the southeast corner hereof, | ||
| 4. North 50 degrees 17 minutes 01 seconds West, 774.74 feet | ||
| to a fence corner post found at the northeast corner of Maha Creek | ||
| Estates, a subdivision recorded in Volume 86, Page 45C, Plat | ||
| Records, said county, at the southeast corner of said 35.87 acre | ||
| tract, same being the southwest corner of said 21.9716 acre tract, | ||
| for the southwest corner hereof; | ||
| THENCE North 43 degrees 00 minutes 22 seconds East, along the | ||
| easterly line of said 35.87 acre tract and the westerly line of said | ||
| 21.9716 acre tract, 1,261.79 feet to the POINT OF BEGINNING. | ||
| TRACT 3: | ||
| Being 13.88 acres of land, more or less, out of the Augustus | ||
| Kincheloe Survey, Abstract No. 457, Travis County, Texas, being a | ||
| portion of that tract conveyed to Stermaster Properties, LLC, by | ||
| deed recorded in Document No. 2021100283, Official Public Records, | ||
| Travis County, Texas, as surveyed on the ground by Texas Land | ||
| Surveying, Inc. on June 15th, 2021, and further described by metes | ||
| and bounds as follows: | ||
| BEGINNING at a 1/2 inch iron rod found in concrete in the | ||
| south line of FM 1327, marking the northwest corner of a tract | ||
| conveyed to Clifford Gus Graef, by deed recorded in Volume 7303, | ||
| Page 323, of said Deed Records, for the northeast corner of said | ||
| Stermaster tract and this tract, from which a concrete monument | ||
| found, marking the northeast corner of said Graef tract, bears N | ||
| 73°43'54" E, 806.93 feet; | ||
| THENCE: S 47°14'51" E, 856.82 feet with the west line of said | ||
| Graef tract and the east line of said Stermaster tract to a 1/2 inch | ||
| iron rod found, marking the northeast corner of a tract conveyed to | ||
| Michelle Dimanoff, by deed recorded in Document No. 2018193755, of | ||
| said Official Public Records, for the southeast corner of said | ||
| Stermaster tract and this tract, from which a 1/2 inch iron rod with | ||
| aluminum cap stamped "TxDOT" found, marking the southwest corner of | ||
| said Graef tract, also marking an angle point of said Dimanoff | ||
| tract, bears S 47°08'02" E, 549.50 feet; | ||
| THENCE: S 43°00'13" W, 588.93 feet with the north line of said | ||
| Dimanoff tract and the south line of said Stermaster tract to a 1/2 | ||
| inch iron rod with pink cap stamped "TLS" set, for the southwest | ||
| corner of this tract, from which a 1/2 inch iron rod with pink cap | ||
| stamped "TLS" found in the north-south running north line of Tom | ||
| Sassman Road, marking the northwest corner of said Dimanoff tract, | ||
| also marking the southwest corner of said Stermaster tract, bears S | ||
| 43°00'13" W, 672.86 feet; | ||
| THENCE: N 46°59'48" W, 1204.37 feet into and across said | ||
| Stermaster tract to a 1/2 inch iron rod with pink cap stamped "TLS" | ||
| set in the south line of said FM 1327, for the northwest corner of | ||
| this tract, from which a 1/2 inch iron rod found in concrete, | ||
| marking the northeast corner of a tract conveyed to Irma May A. | ||
| Fernandez De Leon, by deed recorded in Document No. 2018086771, of | ||
| said Official Public Records, also marking the northwest corner of | ||
| said Stermaster tract, bears N 73°42'42" E, 799.30 feet; | ||
| THENCE: N 73°42'42" E, 680.61 feet with the south line of said | ||
| FM 1327 and the north line of said Schaarschmidt tract to the Point | ||
| of Beginning. | ||
| 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 | ||
| 7950A, Special District Local Laws Code, as added by Section 1 of | ||
| this Act, is amended by adding Section 7950A.0306 to read as | ||
| follows: | ||
| Sec. 7950A.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 on the 91st day after the last day of the | ||
| legislative session. | ||
