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AN ACT
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relating to the creation of the Waller County Municipal Utility |
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District No. 57; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8007A to read as follows: |
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CHAPTER 8007A. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 57 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8007A.0101. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Waller County Municipal |
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Utility District No. 57. |
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Sec. 8007A.0102. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8007A.0103. CONFIRMATION AND DIRECTOR ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 8007A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8007A.0103 until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district as required by |
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applicable law. |
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Sec. 8007A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8007A.0106. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8007A.0201. GOVERNING BODY; TERMS. (a) The district |
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is governed by a board of five elected directors. |
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(b) Except as provided by Section 8007A.0202, directors |
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serve staggered four-year terms. |
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Sec. 8007A.0202. TEMPORARY DIRECTORS. (a) On or after the |
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effective date of the Act enacting this chapter, the owner or owners |
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of a majority of the assessed value of the real property in the |
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district may submit a petition to the commission requesting that |
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the commission appoint as temporary directors the five persons |
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named in the petition. The commission shall appoint as temporary |
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directors the five persons named in the petition. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8007A.0103; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8007A.0103 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8007A.0103; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8007A.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8007A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8007A.0303. AUTHORITY FOR ROAD PROJECTS. Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, |
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operate, maintain, and convey to this state, a county, or a |
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municipality for operation and maintenance macadamized, graveled, |
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or paved roads, or improvements, including storm drainage, in aid |
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of those roads. |
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Sec. 8007A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8007A.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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Sec. 8007A.0306. DIVISION OF DISTRICT. (a) The board, on |
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its own motion or on receipt of a petition signed by the owner or |
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owners of a majority of the assessed value of the real property in |
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the district, may adopt an order dividing the district. |
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(b) An order dividing a district may create one or more new |
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districts and may provide for the continuation of the district. |
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(c) An order dividing the district shall: |
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(1) name any new district; |
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(2) include the metes and bounds description of the |
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territory of each of the districts; |
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(3) appoint temporary directors for any new district; |
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and |
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(4) provide for the division of assets and liabilities |
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between the districts. |
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(d) The board may adopt an order dividing the district |
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before or after the date the board holds an election to confirm the |
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district's creation. |
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(e) The district may be divided only if the district: |
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(1) has never issued any bonds; and |
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(2) is not imposing ad valorem taxes. |
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(f) A new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2 of the Act enacting this |
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chapter. |
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(g) On or before the 30th day after the date of adoption of |
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an order dividing the district, the district shall file the order |
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with the commission and record the order in the real property |
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records of each county in which the district is located. |
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(h) This chapter applies to any new district created by the |
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division of the district, and a new district has all the powers and |
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duties of the district. |
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(i) A new district created by the division of the district |
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shall hold a confirmation and directors' election. |
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(j) If the creation of the new district is confirmed, the |
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new district shall provide the election date and results to the |
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commission. |
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(k) Any new district created by the division of the district |
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must hold an election as required by this chapter to obtain voter |
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approval before the district may impose a maintenance tax or issue |
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bonds payable wholly or partly from ad valorem taxes. |
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(l) The district may continue to rely on confirmation, |
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directors', bond, or tax elections held prior to the division. |
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(m) Municipal consent to the creation of the district and to |
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the inclusion of land in the district acts as municipal consent to |
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the creation of any new district created by the division of the |
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district and to the inclusion of land in the new district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8007A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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The district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by |
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Section 8007A.0403. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8007A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8007A.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 8007A.0403. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8007A.0501. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8007A.0502. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8007A.0503. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Waller County Municipal Utility District |
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No. 57 initially includes all the territory contained in the |
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following area: |
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FIELD NOTES FOR A 643.1285 ACRE TRACT OF LAND IN THE T. S. |
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REESE SURVEY, ABSTRACT 331, WALLER COUNTY, TEXAS, BEING THAT |
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CERTAIN CALLED 320 ACRE TRACT (EAST 1/2) AND THAT CERTAIN CALLED 320 |
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ACRE TRACT (WEST 1/2) DESCRIBED IN DEED RECORDED IN VOLUME 371, PAGE |
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875, DEED RECORDS, WALLER COUNTY, TEXAS, DISTANCES ARE GEODETIC, |
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BEARINGS ARE GRID, COORDINATES ARE TEXAS STATE PLANE SOUTH CENTRAL |
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ZONE, NAD-27, BASED UPON GPS OBSERVATION MADE ON FEBRUARY 23, 2004, |
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PROCESSED TO NGS CORS DATA AND CONVERTED TO NAD-27 USING BLUE MARBLE |
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GEOGRAPHIC CALCULATOR V.4. SCALE FACTOR USED IS 0.99989622. |
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BEGINNING at a cotton picker spindle set for the northeast |
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corner of the T. S. Reese Survey, Abstract 331, same being the |
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northwest corner of the adjoining H. & T.C. Railroad Company |
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Survey, Section 99, Abstract 167, and being in the south line of the |
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adjoining H. & T.C. Railroad Company Survey, Section 79, Abstract |
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157, said point also being the northeast corner of said called 320 |
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acre tract (East 1/2), the northwest corner of an adjoining called |
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640 acre tract described in deed recorded in Volume 371, Page 875, |
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Deed Records, Waller County, Texas, and the northwest corner of an |
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adjoining 646.8295 acre tract (Tract 3) surveyed by the undersigned |
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this date, being in the south line of an adjoining called 98.72 acre |
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tract described in deed recorded in Volume 0621, Page 210, Official |
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Records, Waller County, Texas, and being the northeast corner and |
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Place of Beginning of the herein described 643.1285 acre tract of |
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land, said point being in Morton Road and having coordinates of |
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X=2,980,000 870.52, Y=733,805.59; |
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THENCE South 01 degree 59 minutes 55 seconds East along the |
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common line of the T. S. Reese Survey, Abstract 331, and said |
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adjoining H. & T.C. Railroad Company Survey, Section 99, Abstract |
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167, the common line of said called 320 acre tract (East 1/2) and |
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said adjoining called 640 acre tract, and the common line of the |
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herein described 643.1285 acre tract and said adjoining 646.8295 |
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acre tract (Tract 3), as located in Shell Plant Road, 5,306.04 feet |
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to a 1/2 inch iron pipe with cap marked "Kalkomey Surveying" found |
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on said line for the southeast corner of the herein described tract |
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and the southeast corner of said called 320 acre tract (East 1/2), |
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same being the southwest corner of said adjoining called 640 acre |
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tract, the southwest corner of said adjoining 646.8295 acre tract |
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(Tract 3), the northwest corner of an adjoining called 640 acre |
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tract described in deed recorded in Volume 371, Page 875, Deed |
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Records, Waller County, Texas, the northwest corner of an adjoining |
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671.451 acre tract surveyed by the undersigned this date, and the |
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northeast corner of an adjoining called Northeast % of Section 77, |
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described in deed recorded in Volume 442, Page 928, Deed Records, |
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Waller County, Texas, said point also being the southeast corner of |
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said T. S. Reese Survey, Abstract 331, southwest corner of said |
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adjoining H. & T.C. Railroad Company Survey, Section 99, Abstract |
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167, the northwest corner of the adjoining J. G. Bennett Survey, |
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Abstract 291, and the northeast corner of the adjoining H. & T.C. |
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Railroad Company Survey, Section 77, Abstract 156; |
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THENCE South 88 degrees 04 minutes 24 seconds West along the |
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common line of the T. S. Reese Survey, Abstract 331, and said |
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adjoining H. & T.C. Railroad Company Survey, Section 77, Abstract |
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156, same being the common line of the herein described tract and |
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said adjoining called Northeast of Section 77, at 2,640.26 feet |
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pass a 3/4 inch iron rod found on said line for the northwest corner |
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of said adjoining called Northeast 1/4 of Section 77, same being the |
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northeast corner of an adjoining called 160.104 acre tract (Tract |
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1) described in deed recorded in Volume 475, Page 502, Deed Records, |
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Waller County, Texas, and continuing for a total distance of |
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5,280.46 feet to a % inch iron pipe with cap marked "Kalkomey |
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Surveying" set for the southwest corner of the herein described |
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tract and the southwest corner of said called 320 acre tract (West |
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1/2), same being the northwest corner of said adjoining called |
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160.104 acre tract (Tract 1), and being in the east line of an |
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adjoining called 46.7119 acre tract (Tract 6) described in deed |
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recorded in Volume 475, Page 502, Deed Records, Waller County, |
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Texas, said point also being the southwest corner of the T. S. Reese |
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Survey, Abstract 331, the northwest corner of said adjoining H. & |
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T.C. Railroad Company Survey, Section 77, Abstract 156, the |
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northeast corner of the adjoining T. S. Reese Survey, Abstract 329, |
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and the southeast corner of the adjoining H. & T.C. Railroad Company |
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Survey, Section 71, Abstract 153; |
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THENCE North 02 degrees 01 minute 19 seconds West along the |
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common line of the T. S. Reese Survey, Abstract 331, and said |
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adjoining H. & T.C. Railroad Company Survey, Section 71, Abstract |
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153, being the west line of the herein described tract and the west |
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line of said called 320 acre tract (West 1/2), same being the east |
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line of said adjoining called 46.7119 acre tract (Tract 6), and |
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along the east line of an adjoining called 157.6620 acre tract |
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(Tract 5) described in deed recorded in Volume 475, Page 502, Deed |
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Records, Waller County, Texas, at 2,643.71 feet pass a 1/2 inch iron |
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pipe with cap marked "Kalkomey Surveying" set on said line for the |
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northeast corner of said adjoining called 157.6620 acre tract |
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(Tract 5), same being the southeast corner of an adjoining called 80 |
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acre tract described in deed recorded in Volume 47, Page 109, Deed |
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Records, Waller County, Texas, at 3,961.25 feet pass a 1/2 inch iron |
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pipe with cap marked "Kalkomey Surveying" set on said line for the |
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northeast corner of said adjoining called 80 acre tract, same being |
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the southeast corner of an adjoining called 39 acre tract described |
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in deed recorded in Volume 371, Page 875, Deed Records, Waller |
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County, Texas, same being the southeast corner of an adjoining |
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40.7498 acre tract (Tract 1) surveyed by the undersigned this date, |
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at 5,242.89 feet pass a 1/2 inch iron pipe with cap marked "Kalkomey |
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Surveying" set on said line for reference, at 5,262.89 feet pass a |
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1/2 inch iron pipe with cap marked "Kalkomey Surveying" set on said |
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line for reference, and continuing for total distance of 5,302.89 |
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feet to a 1/2 inch iron rod found for the northwest corner of the |
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herein described tract and the northwest corner of said called 320 |
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acre tract (West 1/2), same being the northeast corner of said |
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adjoining called 39 acre tract, the northeast corner of said |
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adjoining 40.7498 acre tract, the southeast corner of an adjoining |
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called 1.8471 acre tract (Exhibit "C"), and the southwest corner of |
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an adjoining called 3,590 acre tract described in deed recorded in |
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Volume 166, Page 494, Deed Records, Waller County, Texas, said |
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point also being the northwest corner of the T. S. Reese Survey, |
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Abstract 331, the northeast corner of said adjoining H. & T.C. |
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Railroad Company Survey, Section 71, Abstract 153, the southeast |
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corner of the adjoining T. S. Reese Survey, Abstract 328, and the |
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southwest corner of the aforementioned adjoining H. & T.C. Railroad |
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Company Survey, Section 79, Abstract 157, being in Morton Road and |
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having coordinates of X=2,975,591.74, Y=733,624.86; |
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THENCE North 88 degrees 02 minutes 21 seconds East along the |
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common line of the T. S. Reese Survey, Abstract 331, and said |
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adjoining H. & T.C. Railroad Company Survey, Section 79, Abstract |
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157, being the north line the herein described tract and the north |
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line of said called 320 acre tract (West 1/2), same being the south |
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line of said adjoining called 3,590 acre tract, and along the south |
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line of an adjoining called 6.027 acre tract described in deed |
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recorded in Volume 397, Page 65, Deed Records, Waller County, |
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Texas, as located in Morton Road, 5,282.42 feet to the Place of |
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Beginning and containing 643.1285 acres of land. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. (a) If this Act does not receive a two-thirds |
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vote of all the members elected to each house, Subchapter C, Chapter |
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8007A, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 8007A.0307 to read as |
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follows: |
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Sec. 8007A.0307. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(b) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 5362 was passed by the House on May 2, |
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2023, by the following vote: Yeas 105, Nays 40, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 5362 was passed by the Senate on May |
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17, 2023, by the following vote: Yeas 26, Nays 4, 1 present, not |
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voting. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |