By: Zaffirini, Campbell S.B. No. 1903
 
 
A BILL TO BE ENTITLED
 
  relating to the creation of the LaSalle Municipal Utility District
  No. 5; 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 8476 to read as follows:
  CHAPTER 8476.  LASALLE MUNICIPAL UTILITY DISTRICT NO. 5
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8476.001.  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 LaSalle Municipal Utility
  District No. 5.
         Sec. 8476.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8476.003.  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. 8476.004.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section 8476.003
  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. 8476.005.  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:
               (1)  a municipal utility district as provided by
  general law and Section 59, Article XVI, Texas Constitution; and
               (2)  Section 52, Article III, Texas Constitution, that
  relate to the construction, acquisition, improvement, operation,
  or maintenance of macadamized, graveled, or paved roads, or
  improvements, including storm drainage, in aid of those roads.
         Sec. 8476.006.  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. 8476.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8476.052, directors serve
  staggered four-year terms.
         Sec. 8476.052.  TEMPORARY DIRECTORS.  (a)  On or after the
  effective date of the Act enacting this chapter, the owner or owners
  of a majority of the assessed value of the real property in the
  district may submit a petition to the commission requesting that
  the commission appoint as temporary directors the five persons
  named in the petition.  The commission shall appoint as temporary
  directors the five persons named in the petition.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 8476.003; 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 8476.003 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 8476.003; 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. 8476.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8476.102.  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. 8476.103.  AUTHORITY FOR ROAD PROJECTS. Under Section
  52, Article III, Texas Constitution, and Section 53.029(c), Water
  Code, the district may design, acquire, construct, finance, issue
  bonds for, improve, operate, maintain, and convey to this state, a
  county, or a municipality for operation and maintenance
  macadamized, graveled, or paved roads, or improvements, including
  storm drainage, in aid of those roads.
         Sec. 8476.104.  ROAD STANDARDS AND REQUIREMENTS. (a)  A
  road project must meet all applicable construction standards,
  zoning and subdivision requirements, and regulations of each
  municipality in whose corporate limits or extraterritorial
  jurisdiction the road project is located.
         (b)  If a road project is not located in the corporate limits
  or extraterritorial jurisdiction of a municipality, the road
  project must meet all applicable construction standards,
  subdivision requirements, and regulations of each county in which
  the road project is located.
         (c)  If the state will maintain and operate the road, the
  Texas Transportation Commission must approve the plans and
  specifications of the road project.
         Sec. 8476.105.  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. 8476.151.  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 8476.153.
         (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. 8476.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8476.151, 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. 8476.153.  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. 8476.201.  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. 8476.202.  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. 8476.203.  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 LaSalle Municipal Utility District No. 5
  initially includes all the territory contained in the following
  area:
  FIELD NOTE DESCRIPTION OF 275.81 ACRES OF LAND OUT OF THE WILLIAM
  HEMPHILL SURVEY ABSTRACT No. 221 IN HAYS COUNTY, TEXAS, BEING A
  PORTION OF THAT CERTAIN (811.38 ACRE) TRACT OF LAND AS CONVEYED TO
  LASALLE HOLDINGS, LTD. BY SPECIAL WARRANTY DEED RECORDED IN VOLUME
  2909 PAGE 684 OF THE OFFICIAL PUBLIC RECORDS OF HAYS COUNTY, TEXAS,
  AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
  FOLLOWS:
  BEGINNING FOR REFERENCE at a capped iron rod found (marked
  "ProTech") in the Northwest line of the Old San Antonio Road for the
  most Easterly corner of that certain (811.38 acre) tract of land as
  conveyed to LaSalle Holdings by Special Warranty Deed recorded in
  Volume 2909 Page 684 of the Official Public Records of Hays County,
  Texas;
  THENCE with the Southeast line of said LaSalle Holdings (811.38
  acre) tract, S 48 deg. 44' 13" W 178.85 ft. to a capped iron rod
  found (marked "Byrn") at the point of intersection with the curving
  Northwest right-of-way line State Highway No. 21;
  THENCE with the Northwest right-of-way line of State Highway No.
  21, the following two (2) courses;
         1) along a curve to the left with a radius of 5779.51 ft. for
  an arc length of 830.52 ft. and which chord bears S 52 deg. 53' 22" W
  829.80 ft. to a PK nail found in a broken concrete monument for a
  point of tangency;
         2) S 48 deg. 46' 22" W 1475.74 ft. to a 1/2" iron rod found for
  the most Southerly corner of said LaSalle Holdings (811.38 acre)
  tract;
  THENCE leaving the Northwest right-of-way line of State Highway No.
  21 with a Southerly line of said LaSalle Holdings (811.38 acre)
  tract, the following two (2) courses;
         1) N 45 deg. 31' 36" W 2950.62 ft.;
         2) S 44 deg. 02' 00" W 1300.00 ft. to a point for an Easterly
  angle corner and PLACE OF BEGINNING of the herein described tract of
  land;
  THENCE continuing with a Southerly or Southeasterly line of said
  LaSalle Holdings (811.38 acre) tract, S 44 deg. 02' 00" W 1863.28
  ft. to a point for the most Southerly corner of this tract;
  THENCE continuing with a Southerly line of said LaSalle Holdings
  (811.38 acre) tract, the following thirteen (13) courses;
         1) N 54 deg. 17' 20" W 771.66 ft.;
         2) S 83 deg. 08' 18" W 840.88 ft.;
         3) N 52 deg. 17' 55" W 690.89 ft.;
         4) N 62 deg. 00' 02" W 69.27 ft.;
         5) N 68 deg. 09' 41" W 56.18 ft.;
         6) N 72 deg. 20' 49" W 88.29 ft.;
         7) N 73 deg. 00' 27" W 53.89 ft.;
         8) N 78 deg. 17' 31" W 427.31 ft.;
         9) N 88 deg. 16' 13" W 82.92 ft.;
         10) S 89 deg. 50' 43" W 252.84 ft.;
         11) N 77 deg. 42' 55" W 289.03 ft;
         12) N 69 deg. 45' 12" W 133.17 ft.;
         13) N 65 deg. 20' 24" W 1059.29 ft. to a point in the
  Southeast line of Hays County Road No. 158 for the most Westerly
  corner of said LaSalle Holdings (811.38 acre) tract and being the
  most Westerly corner of this tract;
  THENCE with the Southeast line of Hays County Road No. 158 and with
  the Northwest line of said LaSalle Holdings (811.38 acre) tract,
  the following two (2) courses;
         1) N 43 deg. 32' 03" E 3243.31 ft. to a 1/2" iron rod found;
         2) N 43 deg. 26' 25" E 605.66 ft. to a point for the most
  Northerly corner of this tract, and from which a capped iron rod
  found (marked "Byrn") in the Southeast line of Hays County Road No.
  158 and in the Northwest line of said LaSalle Holdings (811.38 acre)
  tract bears N 43 deg. 26' 25" E 482.55 ft;
  THENCE crossing the interior of said LaSalle Holdings (811.38 acre)
  tract with the Northeast line of this tract, S 45 deg. 39' 03" E
  4231.53 ft. to the PLACE OF BEGINNING, containing 275.81 acres 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
  8476, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 8476.106 to read as follows:
         Sec. 8476.106.  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.