By: Zaffirini S.B. No. 1862

(In the Senate - Filed April 1, 2013; April 2, 2013, read first time and referred to Committee on Intergovernmental Relations; April 22, 2013, reported favorably by the following vote: Yeas 5, Nays 0; April 22, 2013, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Crosswinds Municipal Utility District; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, or 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 8468 to read as follows:

CHAPTER 8468. CROSSWINDS MUNICIPAL UTILITY DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8468.001. 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 Crosswinds Municipal Utility District.

Sec. 8468.002. NATURE OF DISTRICT. The district is a municipal utility district created under Section 59, Article XVI, Texas Constitution.

Sec. 8468.003. 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. 8468.004. CONSENT OF MUNICIPALITY REQUIRED. The temporary directors may not hold an election under Section 8468.003 until each municipality in whose corporate limits or extraterritorial jurisdiction the district is located has consented by ordinance or resolution to the creation of the district and to the inclusion of land in the district.

Sec. 8468.005. 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 a municipal utility district as provided by general law and Section 59, Article XVI, Texas Constitution.

Sec. 8468.006. 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. 8468.051. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.

(b) Except as provided by Section 8468.052, directors serve staggered four-year terms.

Sec. 8468.052. TEMPORARY DIRECTORS. (a) The temporary board consists of:

(1) Anthony Dell Abate;

(2) John Avent;

(3) Barry Clark;

(4) Roy Sanders; and

(5) Lee Weber.

(b) Temporary directors serve until the earlier of:

(1) the date permanent directors are elected under Section 8468.003; 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 8468.003 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 8468.003; 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.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 8468.101. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Sec. 8468.102. 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. 8468.103. 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. 8468.151. 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 8468.153.

(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.

Sec. 8468.152. OPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 8468.151, 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. 8468.153. 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.

SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS

Sec. 8468.201. 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. 8468.202. 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.

SECTION 2. The Crosswinds Municipal Utility District initially includes all the territory contained in the following area: BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART OF THE JESSE B. EAVES SURVEY, ABSTRACT 166, AND THE SAMUEL LITTLE SURVEY, ABSTRACT 286, SITUATED IN HAYS COUNTY, TEXAS, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED AS BEING A PORTION OF THAT CERTAIN 446.80 ACRES OF LAND CONVEYED TO H.H. PHILLIPS IN VOLUME 201, PAGE 19 OF THE DEED RECORDS OF HAYS COUNTY, TEXAS, SAID TRACT BEING 445.11 ACRES OF LAND MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, at an iron pin found on the South right-of-way line of County Road 131, said iron pin also being located at the most northeasterly corner of Lot 27, Block D, of Dove Hills Estates Section One, a subdivision recorded in Volume 2, Page 325 of the Deed Records of Hays County, Texas, said iron pin also being located at the most northwesterly corner of the herein described tract, and also POINT OF BEGINNING of the herein described tract, THENCE, with the new South right-of-way line of said County Road 131 S89°08'29"E, a distance of 2,340.02 feet to an iron pin found, said iron pin being located at a point of curvature to the left, THENCE, continuing with curve along the new South right-of-way line of said County Road 131 that has a central angle of 12°27'00", a radius of 1628.52 feet, a length of 353.87 feet, a chord of 353.17 feet, and a bearing of N84°38'01"E, to an iron pin found, THENCE, leaving the new right-of-way line of said County Road 131 and continuing with the old right-of-way line of said County Road 131, S89°59'48"E, a distance of 124.98 feet to a concrete nail, said nail being located along the common line of said Samuel Little Survey and said Jesse B. Eaves Survey, said nail also being located at the most northeasterly corner of the herein described tract, THENCE, leaving the old right-of-way line of said County Road 131 and continuing with the common line of the Samuel Little Survey and the Jesse B. Eaves Survey S45°23'27"W, a distance of 981.04 feet to an iron pin, said iron pin being a westerly corner of the herein described tract, THENCE, leaving the common line of the Samuel Little Survey and the Jesse B. Eaves Survey S44°46'41"E, a distance of 134.69 feet to an iron pin found, said iron pin being located at the West corner of a 7.771 acre tract of land conveyed to Alice Rios in Document 9925762 of the Deed Records of Hays County, Texas, THENCE, continuing along an eastern line of the herein described tract S45°05'21"E, a distance of 1,003.31 feet to an iron pin found, said iron pin being located at the South corner of a 9.998 acre tract of land conveyed to Ronald D. Holifield and Melodie A. Holifield in Volume 1324, Page 651 of the Deed Records of Hays County, Texas, THENCE, continuing along an east line of the herein described tract S44°42'12"E, a distance of 181.24 feet to a concrete nail, said nail being located at the North corner of a 100.15 acre tract of land conveyed to Ray E. Jones and Annie B. Jones in Volume 1135, Page 868 of the Deed Records of Hays County, Texas, said nail also being located at an East corner of the herein described tract, THENCE, with the North line of said Jones Tract, S45°25'00"W, a distance of 1,662.52 feet to an iron pin, said iron pin being located at the West corner of said Jones Tract, said iron pin also being located at an East corner of the herein described tract, THENCE, with the East line of said Jones Tract S44°45'16"E, a distance of 2,630.83 feet to a concrete nail, said nail being located at the South corner of said Jones Tract, said nail also being located at the most easterly corner of the herein described tract, said nail also being located on the North right-of-way line of County Road 157, THENCE, with the North right-of-way line of said County Road 157 S45°00'00"W a distance of 3,404.46 feet to a concrete nail found, said nail being located at the most easterly corner of Lot 94 of Sunrise Acres, a subdivision recorded in Volume 2, Page 346 of the Deed Records of Hays County, Texas, said nail also being located at the most southern corner of the herein described tract, THENCE, leaving the North right-of-way line of said County Road 157 and continuing with the most westerly line of said Sunrise Acres the following three (3) courses and distances:

(1) N44°43'39"W, a distance of 2,207.70 feet to an iron pin found,

(2) N44°53'47"W, a distance of 969.22 feet to an iron pin found,

(3) N44°48'29"W, a distance of 758.82 feet to an iron pin found, said iron pin being located at the most northerly corner of said Sunrise Acres, said iron pin also being located at the most westerly corner of the herein described tract, THENCE, with a west line of the herein described tract N44°38'24"E, a distance of 1,058.81 feet to an iron pin, said iron pin being located at an angle point of Lot 25, of Dove Hills Estates Section Two, a subdivision recorded in Volume 3, Page 179 of the Deed Records of Hays County, Texas, THENCE, with an eastern line of said Dove Hills Estates Section Two the following four (4) courses and distances:

(1) N44°52'26"E, a distance of 1,105.77 feet to a 60d nail found,

(2) N44°51'31"E, a distance of 661.25 feet to an iron pin found,

(3) N44°50'37"E, a distance of 399.21 feet to an iron pin found,

(4) N44°44'50"E, a distance of 175.19 feet to an iron pin, said iron pin being located at the most westerly corner of Lot 12 of said Dove Hills Estates Section Two, THENCE, leaving the eastern line of said Dove Hills Estates Section Two N44°44'50"E, a distance of 14.18 feet to an iron pin found, said iron pin being located at an angle point for the herein described tract, THENCE, S84°26'55"W, a distance of 19.78 feet to an iron pin found, said iron pin being located at the most northerly corner of said Lot 12 of Dove Hills Estates Section Two, THENCE, with a north line of said Dove Hills Estates Section Two the following four (4) courses and distances:

(1) S87°52'28"W, a distance of 456.24 feet to an iron pin found,

(2) S87°51'08"W, a distance of 526.71 feet to an iron pin found,

(3) S87°47'58"W, a distance of 300.16 feet to an iron pin found,

(4) S89°38'13"W, a distance of 46.72 feet to a 60d nail found in post, said nail being located at the common corner of Lot 1 of Dove Hills Estates Section Two and Lot 15 of Dove Hills Estates Section One, said nail also being located at an east corner of the herein described tract, THENCE, with the east line of said Dove Hills Estates Section One the following nine (9) courses and distances:

(1) N08°33'38"E, a distance of 336.88 feet to an iron pin,

(2) N25°12'16"E, a distance of 56.49 feet to an iron pin found,

(3) N25°12'16"E, a distance of 362.11 feet to an iron pin found,

(4) N09°01'18"E, a distance of 41.65 feet to an iron pin found,

(5) N08°24'13"E, a distance of 276.06 feet to an iron pin found,

(6) N08°11'26"E, a distance of 179.37 feet to an iron pin found,

(7) N08°18'28"E, a distance of 158.36 feet to an iron pin found,

(8) N08°19'18"E, a distance of 315.02 feet to an iron pin found,

(9) N08°40'18"E, a distance of 230.02 feet to the POINT OF BEGINNING, containing the 445.11 acres tract of land.

SECTION 3. (a) The legal notice of the intention to introduce this Act, setting forth the general substance of this Act, has been published as provided by law, and the notice and a copy of this Act have been furnished to all persons, agencies, officials, or entities to which they are required to be furnished under Section 59, Article XVI, Texas Constitution, and Chapter 313, Government Code.

(b) The governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.

(c) The Texas Commission on Environmental Quality has filed its recommendations relating to this Act with the governor, the lieutenant governor, and the speaker of the house of representatives within the required time.

(d) All requirements of the constitution and laws of this state and the rules and procedures of the legislature with respect to the notice, introduction, and passage of this Act are fulfilled and accomplished.

SECTION 4. (a) If this Act does not receive a two-thirds vote of all the members elected to each house, Subchapter C, Chapter 8468, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 8468.104 to read as follows:

Sec. 8468.104. 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 Subsection (c), Section 17, Article I, Texas Constitution.

SECTION 5. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.

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