H.B. No. 4754

	AN ACT
	relating to the creation of the Guadalupe County Municipal Utility
	District No. 3; 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 8358 to read as follows:
	CHAPTER 8358.  GUADALUPE COUNTY MUNICIPAL UTILITY DISTRICT NO. 3
	SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 8358.001.  DEFINITIONS.  In this chapter:
	(1)  "Board" means the district's board of directors.
	(2)  "Director" means a board member.
	(3)  "District" means the Guadalupe County Municipal
	Utility District No. 3.
	Sec. 8358.002.  NATURE OF DISTRICT.  The district is a
	municipal utility district created under Section 59, Article XVI,
	Texas Constitution.
	Sec. 8358.003.  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. 8358.004.  CONSENT OF MUNICIPALITY REQUIRED. The
	temporary directors may not hold an election under Section 8358.003
	until each municipality in whose corporate limits or
	extraterritorial jurisdiction the district is located has:
	(1)  consented by ordinance or resolution to the
	creation of the district and to the inclusion of land in the
	district subsequent to the effective date of the Act creating this
	chapter; and
	(2)  approved and entered into a development agreement
	with the owners of land within the district under Section 212.172,
	Local Government Code.
	Sec. 8358.005.  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. 8358.006.  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 8358.007-8358.050 reserved for expansion]
	SUBCHAPTER B.  BOARD OF DIRECTORS
	Sec. 8358.051.  GOVERNING BODY; TERMS.  (a)  The district is
	governed by a board of five elected directors.
	(b)  Except as provided by Section 8358.052, directors serve
	staggered four-year terms.
	Sec. 8358.052.  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 8358.003; 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 8358.003 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 8358.003; 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 Texas Commission on Environmental
	Quality 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 8358.053-8358.100 reserved for expansion]
	SUBCHAPTER C.  POWERS AND DUTIES
	Sec. 8358.101.  GENERAL POWERS AND DUTIES.  The district has
	the powers and duties necessary to accomplish the purposes for
	which the district is created.
	Sec. 8358.102.  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. 8358.103.  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. 8358.104.  APPROVAL OF ROAD PROJECT. (a) The district
	may not undertake a road project authorized by Section 8358.103
	unless:
	(1)  each municipality or county that will operate and
	maintain the road has approved the plans and specifications of the
	road project; or
	(2)  the Texas Transportation Commission approves 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. 8358.105.  COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
	OR RESOLUTION.  (a)  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.
	(b)  For purposes of Section 54.016, Water Code, the district
	is a city service district for the limited purpose of establishing
	consent conditions.
	Sec. 8358.106.  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 8358.103; or
	(2)  a recreational facility as defined by Section
	49.462, Water Code.
	[Sections 8358.107-8358.150 reserved for expansion]
	SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
	Sec. 8358.151.  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 8358.153.
	(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. 8358.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
	authorized at an election held under Section 8358.151, 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. 8358.153.  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.
	Sec. 8358.154.  ALLOCATION OF TAXES.  Section 54.016(f),
	Water Code, does not apply to the district.
	[Sections 8358.155-8358.200 reserved for expansion]
	SUBCHAPTER E.  BONDS AND OTHER OBLIGATIONS
	Sec. 8358.201.  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. 8358.202.  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. 8358.203.  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 Guadalupe County Municipal Utility District
	No. 3 initially includes all the territory contained in the
	following area:
	A FIELD NOTE DESCRIPTION of 539.0054 acres (23,479,075 square
	feet) of land in the J.D. Clements Survey, Abstract No. 11,
	Guadalupe County, Texas; said 539.0054 acre tract being all of Lots
	1-3, Block 1 of the Project Green Subdivision, according to the map
	or plat recorded in Volume 7, Pages 263-264 of the Guadalupe County
	Map Records and all of an 87.9012 acre tract, conveyed to A-L 97 IH
	10-SH 46, L.P., as recorded in Guadalupe County Clerk's File Nos.
	07-22168, 07-022173 & 08-013115; said tract being more particularly
	described by metes and bounds as follows with the bearings being
	based on the Texas State Plane Coordinate System, South Central
	Zone using National Geodetic Survey Continuously Operating
	Reference Stations:
	BEGINNING at a smooth 5/8-inch iron rod found in the
	northwest right-of-way line of Interstate Highway 10 (right-of-way
	varies) for the southwest corner of said Lot 3 and for an angle
	point of this tract;
	THENCE; South 68° 42' 28" West - 710.50 feet with the
	northwest right-of-way line of said Interstate Highway 10 to a 60d
	nail in concrete found for an angle point of this tract;
	THENCE; South 58° 05' 50" West- 215.79 feet with the northwest
	right-of-way line of said Interstate Highway 10 to a 1/2-inch iron
	rod with cap stamped 'B&A' found for the most southerly southwest
	corner of this tract;
	THENCE; North 01° 31' 26" West - 4,139.17 feet with the east
	line of a 40 acre tract conveyed to Robin R. Rector Harrel, as
	recorded in Volume 1528, Page 234 of Guadalupe County Deed Records
	to a 1/2-inch iron rod found for an interior corner of this tract;
	THENCE; South 89° 03' 44" West - 536.71 feet with a north line
	of said 40 acre tract to a 1/2-inch iron pipe found for an angle
	point of this tract;
	THENCE; South 88° 21' 42" West - 60.21 feet with the north line
	of a 27.44 acre tract of land conveyed to Nancy Beth Hallberg, as
	recorded in Volume 1847, Page 835 of the Guadalupe County Deed
	Records to a 4-inch metal pole found for a southwest corner of this
	tract;
	THENCE; North 01° 07' 53" West - 495.80 feet with the east line
	of a 2.935 acre tract of land conveyed to Strata Ferrous, Inc., as
	recorded in Volume 1504, Page 468 of the Guadalupe County Deed
	Records to a metal fence post found in the southwest right-of-way
	line of Friesenhahn Road (Youngs Ford Road, right-of-way varies)
	for the most westerly northwest corner of this tract;
	THENCE; South 76° 37' 07" East - 1,503.28 feet with the
	southwest right-of-way line of said Friesenhahn Road to a 10-inch
	x10-inch concrete fence post found for an angle point of this tract;
	THENCE; South 75° 48' 22" East - 622.44 feet with the
	southwest right-of-way line of said Friesenhahn Road to a 10-inch
	x10-inch concrete fence post found for an angle point of this tract;
	THENCE; South 76° 34' 50" East - 1,425.29 feet with the
	southwest right-of-way line of said Friesenhahn Road to a 1/2-inch
	iron rod with cap found for an interior corner of this tract; from
	which a 1/2-inch iron rod found bears North 74° 17' 36" East - 0.33
	feet;
	THENCE; North 20° 52' 10" East - 84.74 feet with the west line
	of said Lot 2 to a 5/8-inch iron rod with cap set for an interior
	corner of this tract;
	THENCE; North 76° 54' 03" West - 682.88 feet with the
	northeast right-of-way line of said Friesenhahn Road to a 1/2-inch
	iron rod with cap found for an interior corner of this tract;
	THENCE; South 12° 54' 49" West - 9.69 feet with a jog in the
	northeast right-of-way line of said Friesenhahn Road to a 10-inch
	x10-inch concrete fence post found for a south corner of this tract;
	THENCE; North 76° 24' 13" West - 936.14 feet with the
	northeast right-of-way line of said Friesenhahn Road to a 5/8-inch
	iron rod with cap set for a west corner of this tract;
	THENCE; North 14° 03' 37" East - 10.20 feet with a jog in the
	northeast right-of-way line of said Friesenhahn Road to a 1/2-inch
	iron rod found for an interior corner of this tract;
	THENCE; North 75° 11' 12" West - 503.39 feet with the
	northeast right-of-way line of said Friesenhahn Road to a 1/2-inch
	iron rod found for a southwest corner of this tract;
	THENCE; North 01° 08' 08" West - 848.44 feet with the west line
	of said Lot 1 and with the east line of a 19.21 acre tract of land
	conveyed to O.J. Riedel, Trustee, as recorded in Volume 724, Page
	541 of the Guadalupe County Deed Records to a 1/2-inch iron rod
	found for an angle point of this tract;
	THENCE; North 01° 28' 34" West - 551.15 feet with the west line
	of said Lot 1 and with the east line of Westgate Subdivision,
	according tot he map or plat recorded in Volume 4, Page 96 of the
	Guadalupe County Map Records to a 5/8-inch iron rod with cap set for
	an angle point of this tract;
	THENCE; North 01° 22' 32" West - 1,262.61 feet with the west
	line of said Lot 1 and with the east line of said Westgate
	Subdivision to a concrete monument disk found in the southwest
	right-of-way line of F.M. Highway 78 (right-of-way varies) for a
	northwest corner of this tract;
	THENCE; South 76° 33' 09" East - 1,256.79 feet with the
	southwest right-of-way line of said F.M. Highway 78 to a 5/8-inch
	iron rod with cap set for a northeast corner of this tract; from
	which a metal fence post bears South 00° 50' 29" East - 0.91 feet;
	THENCE; South 00° 50' 29" East - 741.45 feet with an east line
	of said Lot 1 and with the west line of an 11.684 acre tract of land
	conveyed to Fernon J. Schievelbein, as recorded in Volume 476, Page
	679 of the Guadalupe County Deed Records to a 10-inch x 10-inch
	concrete fence post found for an interior corner of this tract;
	THENCE; South 76° 36' 44" East with the northeast line of said
	Lot 1 and with the southwest line of said 11.684 acre tract, with
	the southwest line of a tract of land conveyed to Fernon J.
	Schievelbein, as recorded in Volume 1000, Page 572 of the Guadalupe
	County Deed Records, and with the southwest line of a 13.730 acre
	tract of land conveyed to Fernon J. Schievelbein, as recorded in
	Volume 476, Page 679 of the Guadalupe County Deed Records at a
	distance of 1,604.24 feet pass a 1/2-inch iron rod in concrete found
	and continuing for a total distance of 1,893.61 feet with the
	northeast line of said Lot 2 to a 10-inch x10-inch concrete fence
	post found for an interior corner of this tract;
	THENCE: North 01° 09' 52" West - 747.68 feet with a west line
	of said Lot 2 and with the east line of said 13.730 acre tract to a
	concrete monument found in the southwest right-of-way line of said
	F.M. Highway 78 for a northwest corner of this tract;
	THENCE; South 78° 44' 39" East - 972.43 feet with the
	southwest right-of-way line of said F.M. Highway 78 to a concrete
	monument found for an angle point of this tract;
	THENCE; South 76° 37' 15" East - 737.62 feet with the
	southwest right-of-way line of said F.M. Highway 78 to a 2-inch iron
	pipe found for the most easterly northeast corner of this tract;
	THENCE; South 01° 17' 10" East - 1,097.52 feet with a east line
	of said Lot 2 and with the west line of a tract of land conveyed to
	Superior Energy Group, Ltd., as recorded in Volume 732, Page 1301 of
	the Guadalupe County Deed Records to a 1/2-inch iron rod found for a
	southeast corner of this tract;
	THENCE; South 87° 34' 00" West - 711.09 feet with a south line
	of said Lot 2 to a 1/2-inch iron rod with cap in concrete found for
	an interior corner of this tract; from which a bent 1-inch iron pipe
	bears South 87° 34' 10" West - 2.83 feet;
	THENCE; South 01° 22' 58" East - 1,116.97 feet with the east
	line of said Lot 2 to a 6 foot chain link fence corner found for an
	angle point of this tract;
	THENCE; South 00° 15' 22" East - 290.39 feet with the east line
	of said Lot 2 to a 1/2-inch iron rod with cap stamped 'Kling' found
	for a southeast corner of this tract;
	THENCE; North 76° 54' 03" West - 62.59 feet with the northeast
	right-of-way line of said Friesenhahn Road to a 5/8-inch iron rod
	with cap set for an interior corner of this tract;
	THENCE; South 01° 04' 17" East - 718.65 feet with the east line
	of said Lot 2 to a brass disk found in the northwest right-of-way
	line of said Interstate Highway 10 for the most southerly southeast
	corner of this tract; from which a 1/2-inch iron rod with cap 'B&A'
	bears South 55° 35' 30" West - 0.53 feet;
	THENCE; South 51° 29' 46" West with the southeast line of said
	Lot 2 and with the northwest right-of-way line of said Interstate
	Highway 10, at a distance of 489.92 feet pass a 1/2-inch iron rod
	with cap stamped 'B&A' found and continuing with the southeast line
	of said Lot 3 for a total distance of 870.11 feet to a brass monument
	disk found for an angle point of this tract;
	THENCE; South 54° 44' 17" West - 652.94 feet with the
	northwest right-of-way line of said Interstate Highway 10 to a
	brass monument disk found for an angle point of this tract;
	THENCE; South 58° 04' 52" West - 1,419.28 feet with the
	northwest right-of-way line of said Interstate Highway 10 to a
	3/4-inch square bar found for an angle point of this tract;
	THENCE; South 61° 55' 18" West - 999.03 feet with the
	northwest right-of-way line of said Interstate Highway 10 to a
	1/2-inch iron rod with cap stamped 'Kling' found for an angle point
	of this tract;
	THENCE; South 69° 00' 37" West - 561.36 feet with the
	northwest right-of-way line of said Interstate Highway 10 to the
	POINT OF BEGINNING and containing 539.0054 acres (23,479,075 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.  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.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 4754 was passed by the House on May 7,
	2009, by the following vote:  Yeas 146, Nays 0, 1 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 4754 was passed by the Senate on May
	27, 2009, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor