87R11233 SGM-F
 
  By: Kolkhorst S.B. No. 2189
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Austin County Municipal Utility
  District No. 1; granting a limited power of eminent domain;
  providing authority to issue bonds; providing authority to impose
  assessments, fees, and 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 7913A to read as follows:
  CHAPTER 7913A.  AUSTIN COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 7913A.0101.  DEFINITIONS.  In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "City" means the City of Sealy, Texas.
               (3)  "Commission" means the Texas Commission on
  Environmental Quality.
               (4)  "Director" means a board member.
               (5)  "District" means the Austin County Municipal
  Utility District No. 1.
         Sec. 7913A.0102.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 7913A.0103.  CONFIRMATION AND DIRECTOR 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. 7913A.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section
  7913A.0103 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. 7913A.0105.  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. 7913A.0106.  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. 7913A.0201.  GOVERNING BODY; TERMS.  (a)  The district
  is governed by a board of five elected directors.
         (b)  Except as provided by Section 7913A.0202, directors
  serve staggered four-year terms.
         Sec. 7913A.0202.  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 7913A.0103; 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 7913A.0103 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 7913A.0103; 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.
         Sec. 7913A.0203.  DESIGNATED BOARD MEETING LOCATION. (a)
  The board shall designate a meeting place inside the district for
  conducting the meetings of the board.  The meeting place designated
  may be a private residence or office, provided that, in the order
  designating the meeting place, the board declares the place where
  the meeting is held to be a public place and invites the public to
  attend any meeting of the board held in that place.
         (b)  If the board establishes that no suitable place exists
  for meeting inside the district, the board may designate a meeting
  place outside the district. The board shall give notice of the
  location of a meeting place outside the district by:
               (1)  filing a copy of the resolution designating the
  location and a justification of why the meeting will not be held in
  the district or within 10 miles of the boundary of the district, if
  applicable, with the commission; and
               (2)  publishing notice of the location in a newspaper
  of general circulation in the district.
         (c)  If the board changes the location of a meeting place
  outside the district, the board shall give notice of the change in
  the manner described by Subsection (b).
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 7913A.0301.  GENERAL POWERS AND DUTIES.  The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 7913A.0302.  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. 7913A.0303.  AUTHORITY FOR ROAD PROJECTS. Under
  Section 52, Article III, Texas Constitution, 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. 7913A.0304.  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. 7913A.0305.  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.
         Sec. 7913A.0306.  EFFECT OF ANNEXATION. Notwithstanding any
  other law, if all or any part of the territory of the district is
  annexed by the city into the city's corporate limits, the district
  retains all of the district's outstanding debt and obligations and
  is not dissolved.
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 7913A.0401.  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
  7913A.0403.
         (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. 7913A.0402.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 7913A.0401, 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. 7913A.0403.  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. 7913A.0501.  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. 7913A.0502.  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. 7913A.0503.  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 Austin County Municipal Utility District No.
  1 initially includes all the territory contained in the following
  area:
  A 38.118 acre, or 1,660,419 square feet more or less, tract of land,
  being a portion of that residue of called 38.143 acre tract of land
  conveyed to David Cryan as described in a deed recorded in Clerk's
  File No. 153921 of the Official Records of Austin County, Texas,
  situated in the San Felipe de Austin Survey, Abstract 5, in the City
  of Sealy, Austin County, Texas. Said 38.118 acre tract being more
  fully described as follows, with bearings based on the Texas
  Coordinate System of 1983, South Central Zone from the North
  American Datum of 1983 (NA2011) epoch 2010.00:
  BEGINNING:  At an iron rod with aluminum cap found in the
  centerline of Harrison Road (30 feet wide) as recorded under Volume
  Y, Page 318 of the Deed Records of Austin County, Texas and the
  northeast corner of said 38.143 acre tract and for the northeast
  corner of the herein described tract and being on the west
  right-of-way line of Schmidt Road (60 feet wide) a called 3.946
  acres of land as conveyed to the City of Sealy as recorded under
  Clerk's File No. 025841 of the official Records of Austin County,
  Texas;
  THENCE:  S 42°42'31" W, along and with the said west right-of-way
  line, a distance of 2,864.13 feet to a point to a 1/2 inch iron pipe
  with cap stamped "Brown & Gay" found for the southeast corner of the
  herein described tract and being on the northeast line of a called
  237.88 acre tract as described in a deed to Wal-Mart Stores East, LP
  recorded under Clerk's File No. 031749 of the Official Records of
  Austin County, Texas;
  THENCE:  N 47°18'41" W, along and with said northeast line, a
  distance of 578.43 feet to an iron rod with a yellow cap stamped
  "Pate-Dawson" to be set for the southwest corner of the herein
  described tract and the southeast corner of a called 70.00 acres of
  land conveyed to David Cryan as recorded in Clerk's File No. 126232
  of the Official Records of Austin County, Texas;
  THENCE:  N 42°39'39" E, along with said north line, a distance of a
  distance of 2,865.17 feet to a 1/2 inch iron rod found in the said
  centerline of Harrison Road and for the northwest corner of the
  herein described tract and the northeast corner of said 70.00
  acres;
  THENCE:  S 47°12'30" E, along said centerline of Harrison Road, a
  distance of 580.82 feet to the POINT OF BEGINNING, and containing
  38.118 acres in the City of Houston, Harris County, Texas.
  A 118.535 acre, or 5,163,385 square feet more or less, tract of
  land, being a portion of that residue of called 140.000 acre tract
  of land conveyed to Ranch County of Texas, Inc. as described in a
  deed recorded in Clerk's File No. 081189 of the Official Records of
  Austin County, Texas, and a portion of Tract 1, a residue of a
  called 55.3 acres of land conveyed to David Cryan as described in a
  deed recorded in Clerk's File No. 164420 of the Official Records of
  Austin County, Texas, and all of Tract 2, a called 28.172 acres of
  land conveyed to David Cryan as described in a deed recorded in
  Clerk's File No. 153921 of the Official Records of Austin County,
  Texas, and all of Tract 5, a called 6.1259 acres of land conveyed to
  David Cryan as described in a deed recorded in Clerk's File
  No. 164420 of the Official Records of Austin County, Texas, and all
  of Tract 4, a called 6.1259 acres of land conveyed to David Cryan as
  described in a deed recorded in Clerk's File No. 164420 of the
  Official Records of Austin County, Texas, and all of Tract 3, a
  called 6.1259 acres of land conveyed to David Cryan as described in
  a deed recorded in Clerk's File No. 164420 of the Official Records
  of Austin County, Texas, and all of Tract 2, a called 6.1259 acres
  of land conveyed to David Cryan as described in a deed recorded in
  Clerk's File No. 164420 of the Official Records of Austin County,
  Texas, and all of Parcel 1, a called 5.452 acres of land conveyed to
  David Cryan as described in a deed recorded in Clerk's File
  No. 191010 of the Official Records of Austin County, Texas, and all
  of Parcel 2, a called 5.350 acres of land conveyed to David Cryan as
  described in a deed recorded in Clerk's File No. 191010 of the
  Official Records of Austin County, Texas, situated in the San
  Felipe de Austin Survey, Abstract 5, in the City of Sealy, Austin
  County, Texas. Said 118.535 acre tract being more fully described
  as follows, with bearings based on the Texas Coordinate System of
  1983, South Central Zone from the North American Datum of 1983
  (NA2011) epoch 2010.00:
  BEGINNING:  At an iron rod with aluminum cap found on the west
  right-of-way line of F.M. Highway No. 3013 (width varies) and the
  northeast corner of a called 38.69 acre tract of land conveyed to
  Jinsung T.E.C. Texas, L.L.C. Texas, L.L.C. as described in a deed
  recorded in Clerk's File No. 126413 of the Official Records of
  Austin County, Texas, and for the most northerly southeast corner
  of the herein described tract;
  THENCE:  N 47°17'47" W, a distance of 950.10 feet to a 5/8 inch iron
  rod found for an interior corner of the herein described tract and
  being the northwest corner of said 38.69 acres and on the east line
  of said Tract 1, a residue of a called 55.3 acres;
  THENCE:  S 42°39'37" W, along the common line of said Tract 1, a
  residue of a called 55.3 acres and said 38.69 acres, a distance of
  1,774.20 feet to an iron rod with aluminum cap found for the
  southeast corner of said Tract 1, a residue of a called 55.3 acres
  and the southwest corner of said 38.69 acres and for the most
  southerly southeast corner of the herein described tract and on the
  northerly line of a called 6.362 acres of land conveyed to the City
  of Sealy, Texas as recorded in Clerk's File No. 031750 of the
  Official Records of Austin County, Texas;
  THENCE:  N 47°18'41" W, along with said north line, a distance of
  1,607.38 feet to an iron rod with aluminum cap found on the east
  right-of-way line to Schmidt Road (60 feet wide) a called 3.946
  acres of land as conveyed to the City of Sealy as recorded under
  Clerk's File No. 025841 of the official Records of Austin County,
  Texas, and the southwest corner said Tract 2 of called 28.172 acres
  and the southwest corner of the herein described tract;
  THENCE:  N 42°42'31" E, along the said east right-of-way line and
  along said Tract 2 of called 28.172 acres, a distance of 2,864.02
  feet to an iron rod with aluminum cap found in the centerline of
  Harrison Road (30 feet wide) as recorded under Volume Y, Page 318 of
  Deed Records of Austin County, Texas and the northwest corner of
  said Tract 2 of called 28.172 acres and the northwest corner of the
  herein described tract;
  THENCE:  S 47°12'30" E, along and with said centerline of Harrison
  Road, a distance of 1,921.18 feet to a Mag Nail found for the most
  northerly northeast corner of the herein described tract and for
  the northeast corner of said Parcel 2 and the northwest corner of
  said Residue of called 140.000 acres;
  THENCE:  S 42°38'14" W, along and with the east line of said Parcel
  2, a distance of 736.53 feet to an iron rod with aluminum cap found
  for an interior corner of the herein described tract and for the
  southeast corner of said Parcel 2;
  THENCE:  S 47°18'33" E, departing said east line and along and with
  the north line of said Parcel 1, a distance of 633.63 feet to an iron
  rod with aluminum cap found on the west right-of-way line of said
  F.M. No. 3013 and the most southerly northeast corner of the herein
  described tract;
  THENCE:  S 42°39'57" W, a distance of 350.05 feet to the POINT OF
  BEGINNING, and containing 118.535 acres in the City of Houston,
  Harris County, Texas.
         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
  7913A, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 7913A.0307 to read as
  follows:
         Sec. 7913A.0307.  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 Section 17(c),
  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, 2021.