Amend HB 4 between the enacting clause and SECTION 1 of the
bill by inserting the following SECTIONS and renumbering the
subsequent SECTIONS of the bill accordingly:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8269 to read as follows:
CHAPTER 8269. TRUE RANCH MUNICIPAL UTILITY DISTRICT NO. 1
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8269.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
district.
(2) "Director" means a board member.
(3) "District" means the True Ranch Municipal Utility
District No. 1.
Sec. 8269.002. NATURE OF DISTRICT. The district is a
municipal utility district in Hays County created under and
essential to accomplish the purposes of Section 59, Article XVI,
Texas Constitution.
Sec. 8269.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8269.023 before September 1, 2012:
(1) the district is dissolved September 1, 2012,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Hays County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2015.
Sec. 8269.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
All land and other property in the district will benefit from the
works and projects to be accomplished by the district under powers
conferred by Section 59, Article XVI, Texas Constitution.
(b) The district is created to serve a public use and
benefit.
Sec. 8269.005. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the act creating 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:
(1) the organization, existence, or validity of the
district;
(2) the right of the district to impose taxes;
(3) the right of the district to issue bonds, notes, or
other indebtedness or to pay the principal of and interest on a
bond;
(4) the validity of the district's bonds, notes, or
other indebtedness; or
(5) the legality or operation of the district or the
board.
[Sections 8269.006-8269.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec. 8269.021. TEMPORARY DIRECTORS. (a) On or after
September 1, 2007, a person who owns land in the district may submit
a petition to the Texas Commission on Environmental Quality
requesting that the commission appoint as temporary directors the
five persons named in the petition.
(b) The commission shall appoint as temporary directors the
five persons named in the first petition received by the commission
under Subsection (a).
(c) If a temporary director fails to qualify for office or
if a vacancy occurs in the office of temporary director, the vacancy
shall be filled as provided by Section 49.105, Water Code.
(d) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section
8269.023; or
(2) the date this chapter expires under Section
8269.003.
Sec. 8269.022. ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. As soon as practicable after all the temporary
directors have qualified under Section 49.055, Water Code, the
directors shall meet at a location in the district agreeable to a
majority of the directors. If a location cannot be agreed upon, the
meeting shall be at the Hays County Courthouse. At the meeting, the
temporary directors shall elect officers from among the temporary
directors and conduct any other district business.
Sec. 8269.023. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. (a) The temporary directors shall hold an election to
confirm the creation of the district and to elect five directors as
provided by Section 49.102, Water Code.
(b) Section 41.001(a), Election Code, does not apply to a
confirmation and initial directors' election held under this
section.
Sec. 8269.024. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 8269.023 shall draw lots to
determine which two serve until the first regularly scheduled
election of directors under Section 8269.052 and which three shall
serve until the second regularly scheduled election of directors.
Sec. 8269.025. DATE OF FIRST REGULARLY SCHEDULED ELECTION
OF DIRECTORS. The board by order may postpone the first election
under Section 8269.052 following the confirmation and initial
directors' election held under Section 8269.023 if:
(1) the election would otherwise occur not later than
the 60th day after the date on which the confirmation election is
held; or
(2) the board determines that there is not sufficient
time to comply with the requirements of law and to order the
election.
Sec. 8269.026. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2015.
[Sections 8269.027-8269.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8269.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 8269.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 8269.053-8269.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8269.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8269.102. 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. 8269.103. ROAD PROJECTS. (a) To the extent authorized
by Section 52, Article III, Texas Constitution, the district may
construct, acquire, improve, maintain, or operate arterials or main
feeder roads or improvements in aid of those roads.
(b) A road project must meet all applicable construction
standards, zoning and subdivision requirements, and regulatory
ordinances of the municipality or county in whose jurisdiction the
district is located.
Sec. 8269.104. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section
54.016, Water Code, the district shall comply with all valid and
applicable requirements of any ordinance or resolution adopted by a
municipality in the corporate limits or extraterritorial
jurisdiction of which the district is located, including an
ordinance or resolution adopted before September 1, 2007, that
consents to the creation of the district or to the inclusion of
lands within the district.
[Sections 8269.105-8269.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8269.151. ELECTIONS REGARDING TAXES OR BONDS. (a)
Except as provided by Section 8269.201(b), the district may issue,
without an election, bonds and other obligations secured by revenue
or contract payments from any source other than ad valorem
taxation.
(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 operation and maintenance tax or
issue bonds payable from ad valorem taxes.
Sec. 8269.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8269.151, 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.
[Sections 8269.153-8269.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8269.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. (a) The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, grants, or other district money, or any combination of
those sources, to pay for any authorized district purpose.
(b) The district may not issue bonds to finance projects
authorized by Section 8269.103 unless the issuance is approved by a
vote of a two-thirds majority of the voters of the district voting
at an election called for that purpose.
(c) Bonds or other obligations issued or incurred to finance
projects authorized by Section 8269.103 may not exceed one-fourth
of the assessed value of the real property in the district.
Sec. 8269.202. TAXES FOR BONDS. At the time bonds payable
wholly or partly from ad valorem taxes are issued:
(1) the board shall impose a continuing direct annual
ad valorem tax, without limit as to rate or amount, for each year
that all or part of the bonds are outstanding; and
(2) the district annually shall impose an ad valorem
tax on all taxable property in the district in an amount sufficient
to:
(A) pay the interest on the bonds as the interest
becomes due;
(B) create a sinking fund for the payment of the
principal of the bonds when due or the redemption price at any
earlier required redemption date; and
(C) pay the expenses of imposing the taxes.
SECTION 2. The True Ranch Municipal Utility District No. 1
includes all the territory contained in the following area:
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING 465.71
ACRES, MORE OR LESS, OF LAND AREA IN THE JOHN INGRAIM SURVEY,
ABSTRACT NO. 256, HAYS COUNTY, TEXAS, BEING A PORTION OF THAT TRACT
DESCRIBED AS 1279.69 ACRES IN A DEED FROM LESLIE TRUE VESPER ET AL
TO LESLIE TRUE VESPER DATED AUGUST 10, 1992 AND RECORDED IN VOLUME
948, PAGE 789 OF THE HAYS COUNTY OFFICIAL PUBLIC RECORDS, AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a ½" iron rod found in the southwest line of R.M.
Highway No. 2325 and that tract described as an 80' R.O.W. in a deed
from Cecil H. Hale, et al to the State of Texas dated August 29, 1956
and recorded in Volume 169, Page 304 of the Hays County Deed Records
for the most northerly northwest corner of the panhandle portion of
this description and the Vesper 1279.69 acre tract and east corner
of that tract described as 592.30 acres in a deed from Leslie True
Vesper et al to Ameritrust Texas, N.A., Trustee dated August 10,
1992 and recorded in Volume 949, Page 572 of the Hays County
Official Public Records, from which a TXDOT concrete monument found
bears N 69°45'42" W 162.75 feet;
THENCE leaving the Ameritrust Texas 592.30 acre tract and the
PLACE OF BEGINNING as shown on that plat numbered 24587-06-3-d
dated May 30, 2006 prepared for Leslie Vesper by Byrn & Associates,
Inc., of San Marcos, Texas with the common northeast line of the
Vesper 1279.69 acre tract and southwest line of R.M. Highway No.
2325 and the State of Texas 80' R.O.W. tract S 69°48'34" E 599.94
feet to a ½" iron rod set for the northwest corner of that tract
described as "Tract 1-1.00 acres" in a deed from Thomas W. Slaughter
et ux to Randy C. Brown et ux dated February 12, 1996 and recorded in
Volume 1206, Page 780 of the Hays County Official Public Records,
from which A TXDOT concrete monument found bears S 69°47'57" E
120.11 feet;
THENCE leaving R.M. Highway No. 2325 and the State of Texas
80' R.O.W. tract with the common east line of the Vesper 1279.69
acre tract and west and south lines of the Brown 1.00 acre Tract 1
the following two courses:
1. S 20°06'33" W 226.56 feet to a 2.5" pipe fence corner post
found for corner, and
S 69°41'58" E 234.42 feet to a 2" pipe fence corner post found
in the west line of that tract described as "Tract 2-5.347 acres" in
the previously mentioned deed to Randy C. Brown et ux for the
southeast comer of the Brown 1.00 acre Tract 1;
THENCE leaving the Brown 1.00 acre Tract 1 and continuing
with the common east line of the Vesper 1279.69 acre tract and west
line of the Brown 5.347 acre Tract 2, as fenced and used, the
following three courses:
S 00°10'12" E 410.74 feet to a ½" iron rod set at the
approximate centerline of an underground pipeline for angle point,
S 00°04'22" E 196.11 feet to a 2.5" pipe fence post found for
angle point, and
S 00°24'09" E 15.83 feet to an iron rod found with an aluminum
cap stamped "Pro-Tech Eng" at fence corner for the southwest corner
of the Brown 5.347 acre Tract 2 and northwest corner of the
remaining portion of that tract described as 187.78 acres in a deed
from Henry Polvado & Lillie Polvado to Wesley Springs dated May 6,
1983 and recorded in Volume 393, Page 570 of the Hays County Deed
Records (the Brown 5.347 acre Tract 2 being a portion of the Springs
187.78 acre tract);
THENCE leaving the Brown 5.347 acre Tract 2 and continuing
with the east line of the Vesper 1279.69 acre tract and west line of
the Springs 187.78 acre tract, as fenced and used, the following
three courses:
S 00°00'57" E 1012.24 feet to a 2.5" pipe fence post found for
angle point,
S 00°06'57" W 908.05 feet to a 4" pipe fence corner post found
for angle point, and
S 00°03'12" E 354.80 feet to a 4" pipe fence corner post found
for the southwest corner of the springs 187.78 acre tract and
northwest corner of that tract described as 126.97 acres in a deed
from Stanual W. Farris to the Stanual W. Farris Living Trust dated
March 10, 2005 and recorded in Volume 2646, Page 385 of the Hays
County Official Public Records;
THENCE leaving the Springs 187.78 acre tract and continuing
with the common east line of the Vesper 1279.69 acre tract and west
line of Farris Living Trust 126.97 acre tract, as fenced and used,
the following three courses:
S 00°12'25" W 952.36 feet to a 4" pipe fence post found for
angle point,
S 00°09'57"W 1087.12 feet to a 4" cedar post found for angle
point, and
S 00°22'11" W 1072.11 feet to a ½" iron rod found at fence
corner for the southwest corner of the Farris Living Trust 126.97
acre tract and northwest corner of that tract described as 32.03
acres in a deed from Phil Harris to Shannon Harris dated April 8,
1998 and recorded in Volume 1463, Page 335 of the Hays County
Official Public Records;
THENCE leaving the Farris Living Trust 126.97 acre tract and
continuing with the common east line of the Vesper 1279.69 acre
tract and west line of the Shannon Harris 32.03 acre tract, as
fenced and used, S 00°44'10"W 120.44 feet to a 4" cedar fence corner
post found for the southwest corner of the Shannon Harris 32.03 acre
tract and northwest corner of that tract described as 28.92 acres in
a deed from A.J. Farris et ux to Philip D. Farris dated July 18, 1991
and recorded in Volume 882, page 620 of the Hays County Official
Public Records;
THENCE leaving the Shannon Harris 32.03 acre tract and
continuing with the common east line of the Vesper 1279.69 acre
tract and west line of the Philip D. Farris 28.92 acre tract, as
fenced and used, S 00°24'02" W 279.19 feet to a ½" iron rod found at
fence corner for the southeast corner of this description and
northeast corner of that tract described as 52.30 acres in a deed
from Leslie True Vesper to Paul R. Eastup et ux dated June 5, 1996
and recorded in Volume 1240, Page 309 of the Hays County Official
Public Records (the Eastup 52.30 acre tract being a portion of the
Vesper 1279.69 acre tract);
THENCE leaving the Phillip D. Farris 28.92 acre tract and
entering the Vesper 1279.69 acre tract with the north line of the
Eastup 52.30 acre tract, N 87°10'57" W 1356.38 feet to a ½" iron rod
found in fence for the northwest corner of the Eastup 52.03 acre
tract and northeast corner of that tract described as 209.16 acres
in a deed from Leslie True Vesper to James Nicholas Edwards and Lynn
S. Edwards dated July 6, 2005 and recorded in Volume 2719, Page 740
of the Hays County Official Public Record (the Edwards 209.16 acre
tract being a portion of the Vesper 1279.69 acre tract);
THENCE leaving the Eastup 52.30 acre tract with the north
line of the Edwards 209.16 acre tract, as fenced and used, the
following five courses:
N 87°19'31" W 665.61 feet to a 4" pipe fence post found for
angle point,
N 86°58'45" W 535.67 feet to a 3" cedar fence post found for
angle point,
N 87°09'05" W 302.22 feet to a 3" cedar fence post found for
angle point,
N 87°26'23" W 724.92 feet to a 4" cedar fence post found for
angle point, and
N 86°46'01" W 426.90 feet to a ½" iron rod found with a plastic
cap stamped "Byrn Survey" in the east line of that tract described
as 504.13 acres in a deed from Leslie True Vesper to James L. Pierce
and David L. Pierce dated February 8, 1999 and recorded in Volume
1500, Page 452 of the Hays County Official Public Records (the
Pierce 504.13 acre tract being a portion of the Vesper 1279.69 acre
tract);
THENCE leaving the Edwards 209.16 acre tract with the east
line of the Pierce 504.13 acre tract the following two courses:
N 08°19'22" E 124.79 feet to a ½" iron rod found with a plastic
cap stamped "Byrn Survey" for corner, and
N 87°41'56" W 751.30 feet to a ½" iron rod found with a plastic
cap stamped "Byrn Survey" for the southwest corner of this
description, an interior corner in the east line of the Pierce
504.13 acre tract, and the south corner of that tract described as
10.59 acres in a deed from Leslie True Vesper to James L. Pierce and
David L. Pierce dated June 15, 2001 and recorded in Volume 1872,
Page 802 of the Hays County Official Public Records (the Pierce
10.59 acre tract being a portion of the Vesper 1279.69 acre tract);
THENCE leaving the Pierce 504.13 acre tract with the east
line of Pierce 10.59 acre tract the following two courses:
N 05°37'42" E (being the bearing basis for description) 734.58
feet to a ½" iron rod found with a plastic cap stamped "Byrn Survey"
for angle point, and
N 16°12'16" E 1026.26 feet to a 16" cedar tree stump found in
fence in the east line of the previously mentioned Pierce 504.13
acre tract for the north corner of the Pierce 10.59 acre tract;
THENCE leaving the Pierce 10.59 acre tract and continuing
with the east line of the Pierce 504.13 acre tract, as fenced and
used, the following eight courses:
N 20°34'38" E 42.67 feet to a 16" cedar tree stump found for
angle point,
N 15°43'09" E 241.85 feet to a 12" cedar tree stump found for
angle point,
N 08°41'46" E 86.90 feet to a 14" cedar tree stump found for
angle point,
N 07°33'58" E 244.38 feet to a 2.5" pipe fence post found for
angle point,
N 24°14'46" E 623.77 feet to a 6" cedar fence post found for
angle point,
N 24°15'46" E 420.45 feet to a 2.5" pipe fence post found for
angle point,
N 12°52'45" E 194.02 feet to a 2.5" pipe fence post found for
angle point, and
N 01°30'08" E 340.55 feet to a 4" pipe fence corner post found
in the south line of the previously mentioned Ameritrust Texas
592.30 acre tract and north line of the Vesper 1279.69 acre tract
for the northeast corner of the Pierce 504.13 acre tract and
exterior west corner of this description;
THENCE leaving the Pierce 504.13 acre tract with the common
north line of the Vesper 1279.69 acre tract, and south line of the
Ameritrust Texas 592.30 acre tract, as fenced and used, the
following six courses:
N 73°32'00" E 130.18 feet to a 4" pipe fence post found for
angle point,
S 48°36'36" E 170.02 feet to a ½" iron rod found for angle
point,
S 76°17'07" E 88.03 feet to a 4" pipe fence post found for
angle point,
S 86°44'44" E 798.24 feet to a 4" pipe fence post found for
angle point,
S 86°55'19" E 913.16 feet to a 4" pipe fence post found for
angle point, and
S 86°56'50" E 421.51 feet to a ½" iron rod found for the
southeast corner of the Ameritrust Texas 592.30 acre tract and
southwest corner of the panhandle portion of this description and
the Vesper 1279.69 acre tract;
THENCE leaving the fence with the common west line of the
panhandle portion of the Vesper 1279.69 acre tract and east line of
the Ameritrust Texas 592.30 acre tract the following two courses:
N 00°00'32" E 1999.62 feet to a ½" iron rod found for angle
point, and
N 32°23'54" E 1152.96 feet to the PLACE OF BEGINNING.
THERE are contained within these metes and bounds 465.71
acres, more or less, as prepared from public records and surveys
made on the ground in 1999, 2001, 2005 and on May 30, 2006 by Byrn &
Associates, Inc., of San Marcos, Texas. All ½" iron rods set are
capped with a plastic cap stamped "Byrn Survey".
SECTION 3. (a) The legal notice of the intention to
introduce the provisions of this Act relating to the creation of the
True Ranch Municipal Utility District No. 1, setting forth the
general substance of those provisions, has been published as
provided by law, and the notice and a copy of those provisions 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 provisions of this Act relating to the
creation of the True Ranch Municipal Utility District No. 1 to the
Texas Commission on Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to the provisions of this Act relating
to the creation of the True Ranch Municipal Utility District No. 1
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.