By: Zerwas (Senate Sponsor - Hegar) H.B. No. 1601
         (In the Senate - Received from the House May 13, 2009;
  May 14, 2009, read first time and referred to Committee on
  Intergovernmental Relations; May 22, 2009, reported favorably by
  the following vote:  Yeas 5, Nays 0; May 22, 2009, sent to printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the creation of the Waller County Municipal Utility
  District No. 13; providing authority to impose a tax and issue
  bonds; granting a limited power of eminent domain.
         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 8336 to read as follows:
  CHAPTER 8336.  WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 13
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8336.001.  DEFINITIONS.  In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Waller County Municipal
  Utility District No. 13.
         Sec. 8336.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8336.003.  CONFIRMATION AND DIRECTORS' ELECTION
  REQUIRED.  The temporary directors shall hold an election to
  confirm the creation of the district and to elect five permanent
  directors as provided by Section 49.102, Water Code.
         Sec. 8336.004.  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, or improvement of
  macadamized, graveled, or paved roads described by Section 54.234,
  Water Code, or improvements, including storm drainage, in aid of
  those roads.
         Sec. 8336.005.  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 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.
  [Sections 8336.006-8336.050 reserved for expansion]
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 8336.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8336.052, directors serve
  staggered four-year terms.
         Sec. 8336.052.  TEMPORARY DIRECTORS.  (a)  On or after the
  effective date of the Act creating 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 Texas Commission on
  Environmental Quality 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 8336.003; or
               (2)  the fourth anniversary of the effective date of
  the Act creating this chapter.
         (c)  If permanent directors have not been elected under
  Section 8336.003 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 8336.003; 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.
  [Sections 8336.053-8336.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8336.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8336.102.  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. 8336.103.  AUTHORITY FOR ROAD PROJECTS. (a)  Under
  Section 52, Article III, Texas Constitution, the district may
  design, acquire, construct, finance, issue bonds for, improve, and
  convey to this state, a county, or a municipality for operation and
  maintenance macadamized, graveled, or paved roads described by
  Section 54.234, Water Code, or improvements, including storm
  drainage, in aid of those roads.
         (b)  The district may exercise the powers provided by this
  section without submitting a petition to or obtaining approval from
  the Texas Commission on Environmental Quality as required by
  Section 54.234, Water Code.
         Sec. 8336.104.  APPROVAL OF ROAD PROJECT.  (a)  The district
  may not undertake a road project authorized by Section 8336.103
  unless:
               (1)  each municipality or county that will operate and
  maintain the road has approved the plans and specifications of the
  road project, if a municipality or county will operate and maintain
  the road; or
               (2)  the Texas Transportation Commission has approved
  the plans and specifications of the road project, if the state will
  operate and maintain the road.
         (b)  Except as provided by Subsection (a), the district is
  not required to obtain approval from the Texas Transportation
  Commission to design, acquire, construct, finance, issue bonds for,
  improve, or convey a road project.
         Sec. 8336.105. LIMITATION ON USE OF EMINENT DOMAIN. The
  district may not exercise the power of eminent domain outside the
  district to acquire a site or easement for:
               (1)  a road project authorized by Section 8336.103; or
               (2)  a recreational facility as defined by Section
  49.462, Water Code.
  [Sections 8336.106-8336.150 reserved for expansion]
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 8336.151.  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 8336.153.
         (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. 8336.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8336.151, 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.
         Sec. 8336.153.  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.
  [Sections 8336.154-8336.200 reserved for expansion]
  SUBCHAPTER E.  BONDS AND OTHER OBLIGATIONS
         Sec. 8336.201.  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. 8336.202.  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. 8336.203.  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.
  13 initially includes all the territory contained in the following
  area:
         Being 992.903 acres of land located in the Randolph Foster
  League, Abstract 27 and the William Cooper League, Abstract 20,
  Waller County, Texas, more particularly being all of that certain
  called 499.664 acre tract conveyed to Ralston-Cannon Ventures,
  Inc., by instrument of record in Volume 1114, Page 327, Official
  Public Records, of said Waller County (W.C.O.P.R.), being all of
  that certain called 482.947 acre tract conveyed to NBI Properties,
  Inc., by instrument of record in Volume 0989, Page 144, W.C.O.P.R.,
  being all of that certain called 3.278 acre tract conveyed to NBI
  Properties, Inc., by instrument of record in Volume 0998, Page 753,
  W.C.O.P.R., and being all of that certain called 6.834 acre tract
  conveyed to NBI Properties, Inc., by instrument of record in Volume
  0989, Page 700, W.C.O.P.R., said 992.903 acres being more
  particularly described in two (2) parts by metes and bounds as
  follows (all bearings are assumed);
         PART ONE
         BEGINNING at the southeast corner of said 499.664 acre tract,
  same being the northeast corner of that certain called 29.9947 acre
  tract conveyed to Chambico Interests, LP, by instrument of record
  in Volume 0677, Page 373, W.C.O.P.R., and on the west right-of-way
  line of F.M. No. 1489 (called 80 feet wide);
         Thence, with the south line of said 499.664 acre tract, the
  following five (5) courses:
         1)  South 89° 31' 43" West (called South 89° 23' 31" West),
  1065.36 feet to a point for corner;
         2)  South 87° 55' 29" West, 2986.99 feet to a point for
  corner;
         3)  South 88° 07' 06" West, 2949.35 feet to a point for
  corner;
         4)  South 87° 46' 47" West, 3606.21 feet to a point for corner;
         5)  South 87° 55' 27" West, 2833.31 feet to the southwest
  corner of said 499.664 acre tract;
         Thence, with the west line of said 499.664 acre tract, North
  01° 44' 59" West, 1611.15 feet to the northwest corner of said
  499.664 acre tract and on the south right-of-way line of House Road;
         Thence, with the common line of said 499.664 acre tract and
  said House Road, the following six (6) courses:
         1)  North 72° 30' 34" East, 46.40 feet to a point for corner;
         2)  North 87° 58' 35" East, 491.59 feet to a point for corner;
         3)  North 88° 02' 11" East, 2147.62 feet to a point for
  corner;
         4)  North 88° 01' 07" East, 3754.63 feet to a point for
  corner;
         5)  North 87° 36' 28" East, 4012.81 feet to a point for
  corner;
         6)  North 88° 21' 12" East, 3211.55 feet to the northeast
  corner of said 499.664 acre tract, same being on the westerly line
  of said F.M. 1489, the beginning of a curve;
         Thence, with the common line of said 499.664 acre tract and
  said F.M. 1489, the following four (4) courses:
         1)  602.97 feet along the arc of a non-tangent curve to the
  left, having a radius of 565.93 feet, a central angle of 61° 00' 55"
  and a which that bears South 26° 30' 51" West, 574.60 feet to a point
  for corner;
         2)  South 03° 59' 49" East, 263.55 feet to a point for corner;
         3)  South 04° 59' 49" East, 544.73 feet to a point for corner,
  the beginning of a curve;
         4)  329.68 feet along the arc of a tangent curve to the right,
  having a radius of 5650.90 feet, a central angle of 03° 20' 34" and a
  chord which bears South 03° 19' 34" East, 329.64 feet to the POINT OF
  BEGINNING and containing 499.664 acre of land.
         PART TWO
         BEGINNING at the southwest corner of said 482.947 acre tract,
  same being the southeast corner of that certain called 103.78720
  acre tract conveyed to Kathryn H. Ilkeston, et al, by instrument of
  record in Volume 350, Page 326, Deed Records of said Waller County
  and on the north right-of-way line of House Road;
         Thence, with the west line of said 482.947 acre tract, North
  03° 02' 04" West (called North 00° 52' 24" West), 1304.57 feet to a
  point for corner;
         Thence, continuing with said west line, North 02° 08' 53"
  West, 1850.50 feet to the most westerly northwest corner of said
  482.947 acre tract and on the centerline of Bessies Creek;
         Thence, with the centerline meanders of said Bessies Creek,
  the following six (6) courses:
         1)  North 79° 48' 27" East, 197.73 feet to a point for corner;
         2)  North 68° 12' 19" East, 344.11 feet to a point for corner;
         3)  North 64° 07' 29" East, 208.78 feet to a point for corner;
         4)  North 35° 02' 19" East, 418.79 feet to a point for corner;
         5)  North 11° 07' 11" West, 218.71 feet to a point for corner;
         6)  North 14° 58' 51" West, 436.16 feet to the most northerly
  northwest corner of 482.947 acre tract;
         Thence, leaving said centerline and with the north line of
  said 482.947 acre tract, the following six (6) courses:
         1)  North 78° 44' 01" East, 975.55 feet to a point for corner;
         2)  North 89° 00' 25" East, 680.04 feet to a point for corner;
         3)  North 27° 20' 56" West, 538.55 feet to a point for corner;
         4)  North 67° 43' 18" East, 344.81 feet to a point for corner;
         5)  North 25° 43' 59" West, 227.15 feet to a point for corner;
         6)  North 78° 39' 40" East, 1611.48 feet to a point for corner
  on the centerline of said Bessies Creek;
         Thence, with said centerline, North 31° 29' 52" West, 575.59
  feet to a point for corner;
         Thence, leaving said centerline and with a north line of said
  482.947 acre tract, North 88° 24' 18" East, 780.78 feet to the
  northeast corner of said 482.947 acre tract and on the westerly
  right-of-way of F.M. 1489;
         Thence, with the common line of said 482.947 acre tract and
  said F.M. 1489, the following twenty-seven (27) courses:
         1)  South 37° 42' 45" West, 110.88 feet to a point for corner;
         2)  South 40° 00' 51" West, 69.11 feet to a point for corner;
         3)  South 27° 38' 51" West, 81.14 feet to a point for corner;
         4)  South 27° 20' 09" West, 77.68 feet to a point for corner;
         5)  South 09° 16' 15" West, 93.70 feet to a point for corner;
         6)  South 08° 52' 56" West, 60.52 feet to a point for corner;
         7)  South 05° 47' 43" East, 101.83 feet to a point for corner;
         8)  South 07° 28' 46" East, 117.60 feet to a point for corner;
         9)  South 28° 03' 02" East, 95.96 feet to a point for corner;
         10)  South 28° 15' 46" East, 246.70 feet to a point for
  corner;
         11)  South 26° 58' 49" East, 232.17 feet to a point for
  corner;
         12)  South 20° 22' 15" East, 252.67 feet to a point for
  corner;
         13)  South 17° 19' 53" East, 234.53 feet to a point for
  corner;
         14)  South 11° 44' 03" East, 219.28 feet to a point for
  corner;
         15)  South 03° 38' 42" West, 145.35 feet to a point for
  corner;
         16)  South 09° 11' 28" West, 217.48 feet to a point for
  corner;
         17)  South 14° 26' 28" West, 64.85 feet to a point for corner;
         18)  South 15° 59' 19" West, 219.47 feet to a point for
  corner;
         19)  South 20° 51' 07" West, 401.08 feet to a point for
  corner;
         20)  South 24° 38' 22" West, 168.84 feet to a point for
  corner;
         21)  South 28° 01' 52" West, 317.25 feet to a point for
  corner;
         22)  South 21° 36' 21" West, 189.02 feet to a point for
  corner;
         23)  South 05° 30' 40" West, 171.26 feet to a point for
  corner;
         24)  South 01° 49' 13" East, 160.76 feet to a point for
  corner;
         25)  South 14° 05' 04" East, 160.47 feet to a point for
  corner;
         26)  South 25° 24' 35" East, 150.63 feet to a point for
  corner;
         27)  South 28° 36' 29" East, 200.09 feet to the most easterly
  southeast corner of said 482.947 acre tract, same being the
  northeast corner of the aforementioned 3.278 acre tract;
         Thence, with the easterly lines of said 3.278 acre tract and
  the aforementioned 6.834 acre tract and the westerly line of said
  F.M. 1489, the following six (6) courses:
         1)  South 30° 23' 37" East, 780.49 feet to a point for corner,
  the beginning of a curve;
         2)  332.20 feet along the arc of a tangent curve to the left,
  having a radius of 767.23 feet, a central angle of 24° 48' 29" and a
  chord which bears South 42° 47' 59" East, 329.61 feet to a point for
  corner;
         3)  South 56° 11' 24" East, 386.83 feet to a point for corner,
  the beginning of a curve;
         4)  317.66 feet along the arc of a non-tangent curve to the
  right, having a radius of 437.46 feet, a central angle of 41° 36' 20"
  and a chord which bears South 18° 40' 20" East, 310.73 feet to a
  point for corner, the beginning of a curve;
         5)  5.72 feet along the arc of a non-tangent curve to the
  right, having a radius of 246.48 feet, a central angle of 01° 19' 47"
  and a chord which bears South 21° 02' 41" West, 5.72 feet to a point
  for corner;
         6)  South 21° 42' 36" West, 144.05 feet to the most southerly
  corner of said 6.834 acre tract and on the centerline of said
  Bessies Creek;
         Thence, with said centerline, the following four (4) courses:
         1)  North 71° 22' 05" West (called North 71° 22' 01"West),
  30.30 feet to a point for corner;
         2)  North 56° 05' 11" West, 240.88 feet to a point for corner;
         3)  North 54° 21' 07" West, 180.76 feet to a point for corner;
         4)  North 38° 10' 22" West, 789.28 feet to a point for corner
  on an easterly line of the aforementioned 482.947 acre tract;
         Thence, leaving said centerline and with said easterly line,
  South 05° 44' 49" West, 1149.00 feet to the southeast corner of said
  482.947 acre tract, same being on the north line of the said F.M.
  1489;
         Thence, with the common line of said 482.947 acre tract and
  said F.M. 1489, South 87° 47' 50" West, 886.43 feet to a point for
  corner;
         Thence, continuing with the south line of said 482.947 acre
  tract and the north lines of said F.M. 1489 and the aforementioned
  House Road, South 87° 55' 08" West, 1336.29 feet to a point for
  corner;
         Thence, continuing with the south line of said 482.947 acre
  tract and the north line of said House Road, South 88° 21' 12" West,
  2025.20 feet to the POINT OF BEGINNING and containing 493.239 acres
  of land.
         Said Part One and Part Two containing a total of 992.903 acre
  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.  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, 2009.
 
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