88R18857 SCP-F
 
  By: Kitzman H.B. No. 5348
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Waller County Municipal Utility
  District No. 49; 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 7992A to read as follows:
  CHAPTER 7992A. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 49
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 7992A.0101.  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 Waller County Municipal
  Utility District No. 49.
         Sec. 7992A.0102.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 7992A.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. 7992A.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section
  7992A.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 as required by
  general law.
         Sec. 7992A.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. 7992A.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. 7992A.0201.  GOVERNING BODY; TERMS.  (a)  The district
  is governed by a board of five elected directors.
         (b)  Except as provided by Section 7992A.0202, directors
  serve staggered four-year terms.
         Sec. 7992A.0202.  TEMPORARY DIRECTORS.  (a)  The temporary
  board consists of:
               (1)  Heather Sides;
               (2)  Rosie Schneider;
               (3)  Deborah Johnson;
               (4)  Samantha Harn; and
               (5)  Anthony Miranda.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 7992A.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 7992A.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 7992A.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.
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 7992A.0301.  GENERAL POWERS AND DUTIES.  The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 7992A.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. 7992A.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. 7992A.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. 7992A.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.
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 7992A.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
  7992A.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. 7992A.0402.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 7992A.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. 7992A.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. 7992A.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. 7992A.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. 7992A.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 Waller County Municipal Utility District
  No. 49 initially includes all the territory contained in the
  following area:
         TRACT I:
         BEING a 258.3 acre (11,250,068 square foot) tract of land
  situated in the H. & T.C. R.R. Co. Survey, Section 79, Abstract
  No. 157 of Waller County, Texas and being all of a called 258.270
  acre tract of land described as Tract I in an instrument to Freeland
  (Houston) ASLI X, LLC recorded under Waller County Clerk's File
  Number (W.C.C.F. No.) 2215430, said 258.3 acre tract of land
  described by metes and bounds as follows, with all bearings based on
  the Texas Coordinate System of 1983 (NAD83), South Central Zone
  4204 and referenced to monuments found along the perimeter of said
  Tract I as cited herein:
         BEGINNING at the Southeast corner of the herein described
  tract and said Tract I, same being a Northerly right-of-way corner
  of Morton Road (with varies, as occupied), lying on the West line of
  a called 532.516 acre tract of land as described in an instrument to
  Morton and 2855-NW, LLC recorded under Vol. 1410, Pg. 72 of the
  Waller County Deed Records (W.C.D.R.), from which a found 5/8-inch
  iron rod bears N 79°43' E, a distance of 0.32 feet;
         THENCE, S 87°59'32" W, along and with the South line of said
  Tract I and the North right-of-way line of said Morton Road, at a
  distance of 650.05 pass a found 5/8-inch iron rod, continuing along
  and with the South line of said Tract I and the North right-of-way
  line of said Morton Road, a total distance of 2,757.78 feet to the
  Southwest corner of the herein described tract and said Tract I,
  same being the Southeast corner of a called 5.982 acre tract of land
  described as Tract III in an instrument to City of Houston, Texas
  recorded under Vol. 397, Pg. 65 of the W.C.D.R., from which a found
  bent 5/8-inch iron rod bears S 60°23' W, a distance of 0.37 feet;
         THENCE, N 16°19'33" W, along and with a Westerly line of said
  Tract I and the East line of said Tract III, a distance of 2,203.11
  feet to the most Westerly Northwest corner of the herein described
  tract and said Tract I, lying on the South line of a called 706.172
  acre tract of land described as Tract I in an instrument to City of
  Houston, Texas recorded under Vol. 397, Pg. 51 and Vol. 397, Pg. 65
  of the W.C.D.R., from which a found 5/8-inch iron rod found bears N
  02°32' W, a distance of 0.31 feet;
         THENCE, N 73°40'27" E, along and with a Northerly line of said
  Tract I and the South line of said 706.172 acre tract, a distance of
  2,305.00 feet to a 5/8-inch iron rod found for an interior corner of
  the herein described tract and said Tract I, same being the
  Southeast corner of said 706.172 acre tract;
         THENCE, N 16°19'33" W, along and with a Westerly line of said
  Tract I and the East line of said 706.172 acre tract, at a distance
  of 1,643.63 feet pass a found 5/8-inch iron rod, continuing along
  and with a Westerly line of said Tract I and the East line of said
  706.172 acre tract, a total distance of 2,619.16 feet to a 5/8-inch
  iron rod found for the most Northerly Northwest corner of the herein
  described tract and said Tract I, same being the Southwest corner of
  a called 556.084 acre tract as described in an instrument to
  Freeland (Houston) ASLI X, LLC recorded under W.C.C.F. No. 2115429;
         THENCE, N 87°59'33" E, along and with the North line of said
  Tract I and the South line of said 556.084 acre tract, a distance of
  1,717.00 feet to a 1/2-inch iron rod with aluminum cap found for the
  Northeast corner of the herein described tract and said Tract I and
  the Southeast corner of said 556.084 acre tract, same being the
  Southwest corner of a called 318.743 acre tract of land described as
  Tract 7 in an instrument to Hilcorp Energy I, LP recorded under
  W.C.C.F. No. 1909037 and the Northwest corner of a called 79.794
  acre tract of land described as Tract 8 in a instrument to Hilcorp
  Energy I, LP recorded under W.C.C.F. No. 1909468, from which a
  found 1/2-inch iron rod bears N 37°22' E, a distance of 5.54 feet;
         THENCE, S 02°00'26" E, along and with the East line of said
  Tract I and the West line of said Tract 8, at a distance of 1,320.86
  feet pass the Southwest corner of said Tract 8 and the Northwest
  corner of said 532.516 acre tract, continuing along and with the
  East line of said Tract I and the West line of said 532.516 acre
  tract, a total distance of 5,242.51 feet to the POINT OF BEGINNING
  and containing 258.3 acres (11,250,068 square feet) of land.
         TRACT II:
         BEING a 206.6 acre (8,999,215 square foot) tract of land
  situated in the H. & T.C. R.R. Co. Survey, Section 82, Abstract
  No. 290, the H. & T.C. R.R. Co. Survey, Section 79, Abstract
  No. 157, and the H. & T.C. R.R. Co. Survey, Section 70, Abstract
  No. 328 of Waller County, Texas and being all of a called 206.593
  acre tract of land described as Tract II in an instrument to
  Freeland (Houston) ASLI X, LLC recorded under Waller County Clerk's
  File Number (W.C.C.F. No.) 2115430, said 206.6 acre tract of land
  described by metes and bounds as follows, with all bearings based on
  the Texas Coordinate System of 1983 (NAD83), South Central Zone
  4204 and referenced to monuments found along the perimeter of said
  206.593 acre tract as cited herein:
         BEGINNING at a 5/8-inch iron rod found for the Southwest
  corner of the herein described tract and said 206.593 acre tract,
  same being a Northerly right-of-way corner of Morton Road (width
  varies, as occupied), lying on the East line of a called 317.3080
  acre tract of land as described in an instrument to Lyndon Bing
  recorded under Vol. 361, Pg. 50 of the Waller County Deed Records
  (W.C.D.R.);
         THENCE, N 02°02'55" W, along and with the West line of said
  206.593 acre tract and the East line of said 317.3080 acre tract, at
  a distance of l,677.23 feet pass the Northeast corner of said
  317.3080 acre tract and the Southeast corner of a called 272.550
  acre tract of land as described in an instrument to Morton Newman
  Partners, LLC recorded under Vol. 1052, Pg. 5 of the W.C.D.R.,
  continuing along and with the West line of said 206.593 acre tract
  and the East line of said 272.550 acre tract, at a distance of
  2,686.82 feet pass a 1-inch iron pipe found for the Northeast corner
  of said 272.550 acre tract and the Southeast corner of a called
  152.694 acre tract of land as described in an instrument to
  Poarch/Swinbank LLC recorded under W.C.C.F. No. 2102032,
  continuing along and with the West line of said 206.593 acre tract
  and the East line of said 152.694 acre tract, a total distance of
  5,242.52 feet to a Westerly corner of said 206.593 acre tract and
  the herein described tract, same being the Northeast corner of said
  152.694 acre tract, lying on the South line of a called 563.770 acre
  tract of land described as Exhibit A in an instrument to LSEK
  Waller, LP recorded under Vol. 1338, Pg. 106 of the W.C.D.R., from
  which a found 5/8-inch iron rod bears N 77°26' E, 0.33 feet;
         THENCE, N 87°59'32" E, along and with the South line of said
  563.770 acre tract and a Northerly line of said 206.593 acre tract,
  a distance of 17.47 feet to an interior corner of the herein
  described tract and said 206.593 acre tract, same being the
  Southeast corner of said 563.770 acre tract, from which a found
  5/8-inch iron rod with cap stamped "JONES & CARTER" bears S 60°20 E,
  0.45 feet;
         THENCE, N 02°00'50" W, along and with the East line of said
  563.770 acre tract and a Westerly line of said 206.593 acre tract, a
  distance of 263.19 feet to the Northwest corner of the herein
  described tract and said 206.593 acre tract, same being an Easterly
  corner of said 563.770 acre tract, the Southeast corner of a called
  719.600 acre tract of land described as Tract II in an instrument to
  City of Houston, Texas recorded under Vol. 397, Pg. 51 and Vol. 397,
  Pg. 65 of the W.C.D.R., and the Southwest corner of a called 706.172
  acre tract of land described as Tract I in an instrument to City of
  Houston, Texas recorded under Vol. 397, Pg. 51 and Vol. 397, Pg. 65
  of the W.C.D.R., from which a found 5/8-inch iron rod bears S 25°19'
  E, a distance of 0.33 feet;
         THENCE, N 87°59'32" E, along and with the North line of said
  206.593 acre tract and a Southerly line of said 706.172 acre tract,
  a distance of 862.29 feet to the Northeast corner of the herein
  described tract and said 206.593 acre tract, same being an interior
  corner of said 706.172 acre tract, from which a found
  5/8-inch iron rod with cap stamped "JONES & CARTER" bears S 62°31' W,
  a distance of 0.67 feet;
         THENCE, S 16°19'33" E, along and with an Easterly line of said
  206.593 acre tract and the West line of said 706.172 acre tract, a
  distance of 3,545.46 feet to an interior corner of the herein
  described tract and said 206.593 acre tract, same being the
  Southwest corner of said 706.172 acre tract, from which a found
  5/8-inch iron rod bears S 49°22' W, a distance of 0.58 feet;
         THENCE, N 73°40'27" E, along and with a Northerly line of said
  206.593 acre tract and the South line of said 706.172 acre tract, a
  distance of 140.00 feet to a 5/8-inch iron rod found for an Easterly
  corner of said 206.593 acre tract and the herein described tract,
  same being the Northwest corner of a called 5.982 acre tract of land
  described as Tract III in an instrument to City of Houston, Texas
  recorded under Vol. 397, Pg. 65 of the W.C.D.R.;
         THENCE, S 16°19'33" E, along and with an Easterly line of said
  206.593 acre tract and the West line of said 5.982 acre tract, a
  distance of 2,172.48 to a 5/8-inch iron rod with cap stamped "JONES &
  CARTER" found for the Southeast corner of the herein described
  tract and said 206.593 acre tract, same being the Southwest corner
  of said 5.982 acre tract, lying on the North right-of-way line of
  said Morton Road;
         THENCE, S 87°59'32" W, along and with the South line of said
  206.593 acre tract and the North
  right-of-way line of said Morton Road, a distance of 2,425.72 feet
  to the POINT OF BEGINNING and containing 206.6 acres (8,999,215
  square feet) 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
  7992A, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 7992A.0306 to read as
  follows:
         Sec. 7992A.0306.  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, 2023.