S.B. No. 2512
 
 
 
 
AN ACT
  relating to the creation of the Chambers County Improvement
  District No. 3; granting road powers; 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 8361 to read as follows:
  CHAPTER 8361. CHAMBERS COUNTY IMPROVEMENT DISTRICT NO. 3
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 8361.001.  DEFINITIONS.  In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Chambers County Improvement
  District No. 3.
         Sec. 8361.002.  NATURE OF DISTRICT. The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8361.003.  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. 8361.004.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section 8361.003
  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. 8361.005.  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. 8361.006.  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 8361.007-8361.050 reserved for expansion]
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8361.051.  GOVERNING BODY; TERMS. (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8361.052, directors serve
  staggered four-year terms.
         Sec. 8361.052.  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 8361.003; 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 8361.003 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 8361.003; 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 8361.053-8361.100 reserved for expansion]
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 8361.101.  GENERAL POWERS AND DUTIES. The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8361.102.  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. 8361.103.  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. 8361.104.  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. 8361.105.  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.
         Sec. 8361.106.  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 8361.103; or
               (2)  a recreational facility as defined by Section
  49.462, Water Code.
         Sec. 8361.107.  DIVISION OF DISTRICT. (a)  The district may
  be divided into two or more new districts only if the district:
               (1)  has no outstanding bonded debt; and
               (2)  is not imposing ad valorem taxes.
         (b)  This chapter applies to any new district created by the
  division of the district, and a new district has all the powers and
  duties of the district.
         (c)  Any new district created by the division of the district
  may not, at the time the new district is created, contain any land
  outside the area described by Section 2 of the Act creating this
  chapter.
         (d)  The board, on its own motion or on receipt of a petition
  signed by the owner or owners of a majority of the assessed value of
  the real property in the district, may adopt an order dividing the
  district.
         (e)  The board may adopt an order dividing the district
  before or after the date the board holds an election under Section
  8361.003 to confirm the district's creation.
         (f)  An order dividing the district:
               (1)  shall:
                     (A)  name each new district;
                     (B)  include the metes and bounds of each new
  district;
                     (C)  appoint temporary directors for each new
  district, or provide that the owner or owners of a majority of the
  assessed value of the real property in each new 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; and
                     (D)  provide for the division of assets and
  liabilities between or among the new districts; and
               (2)  is subject to a confirmation election in each new
  district.
         (g)  On or before the 30th day after the date of adoption of
  an order dividing the district, the district shall file the order
  with the Texas Commission on Environmental Quality and record the
  order in the real property records of each county in which the
  district is located.
         (h)  Any new district created by the division of the district
  shall hold a confirmation and directors' election as required by
  Section 8361.003. The results of that election must be filed as
  required by Sections 49.102(e) and (f), Water Code. If the voters
  of a new district do not confirm the creation of the new district,
  the assets, liabilities, territory, and governance of the new
  district revert to the original district.
         (i)  Municipal consent to the creation of the district and to
  the inclusion of land in the district granted under Section
  8361.004 acts as municipal consent to the creation of any new
  district created by the division of the district and to the
  inclusion of land in the new district.
         (j)  Any new district created by the division of the district
  must hold an election as required by this chapter to obtain voter
  approval before the district may impose a maintenance tax or issue
  bonds payable wholly or partly from ad valorem taxes.
         Sec. 8361.108.  FIREFIGHTING AND EMERGENCY MEDICAL
  SERVICES. Subchapter L, Chapter 49, Water Code, applies to the
  district.
         Sec. 8361.109.  FEASIBILITY EVALUATION. For purposes of any
  applicable evaluation by the Texas Commission on Environmental
  Quality of the economic feasibility of the district or its projects
  and bonds, debt service tax rate, maintenance tax rate, or
  overlapping tax rate, the district shall be treated as a municipal
  utility district situated wholly within Harris County.
  [Sections 8361.110-8361.150 reserved for expansion]
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 8361.151.  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 8361.153.
         (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. 8361.152.  OPERATION AND MAINTENANCE TAX. (a)  If
  authorized at an election held under Section 8361.151, 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. 8361.153.  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.
  [Sections 8361.154-8361.200 reserved for expansion]
  SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
         Sec. 8361.201.  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. 8361.202.  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. 8361.203.  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 Chambers County Improvement District No. 3
  initially includes all the territory contained in the following
  area:
         A certain 880.30 acre tract, situated in the Jacob Townsend
  Survey, Abstract No. 25, the R. A. West Survey, Abstract No. 314,
  the Kate Dugat Survey, Abstract No. 416, and the A. B. J. Winfree
  Survey, Abstract No. 306 all in Chambers County, Texas; being all of
  a called 285.48 acre tract (Tract 1), all of a called 129.96 acre
  tract (Tract 2), and all of a called 254.14 acre tract (Tract 3)
  described in Special Warranty Deed with Vendor's Lien recorded in
  Volume (08) 1067, Page 264 of the Chambers County Official Public
  Records, and all of a called 210.72 acre tract described in Special
  Warranty Deed recorded in Volume (08) 1074, Page 223 of the Chambers
  County Official Public Records; said 880.30 acre tract being
  comprised of three tracts and being more particularly described as
  follows with all bearings being based on the Texas Coordinate
  System, South Central Zone, NAD83;
  Tract I - 285.48 acres
         BEGINNING at the northeast corner of said called 285.48 acre
  tract, being common with a northwest corner of a called 11.89 acre
  tract conveyed to Coastal Industrial Water Authority recorded in
  Volume 313, Page 663 of the Chambers County Deed Records;
         THENCE, South 04°19'04" West, 2683.79 feet to a point for
  corner in the beginning of a curve to the right;
         THENCE, along the arc of said curve to the right, having a
  radius of 930.06 feet, a central angle of 12°32'57", an arc length of
  203.71 feet, and a long chord bearing South 10°35'34" West, 203.30
  feet to a point for corner;
         THENCE, South 16°55'29" West, 1096.02 feet to a point for
  corner marking the southeast corner of the aforementioned called
  285.48 acre tract;
         THENCE, South 87°37'03" West, along the south line of said
  called 285.48 acre tract, 3049.05 feet to a point for corner marking
  the southwest corner of the said called 285.48 acre tract;
         THENCE, North 01°43'33" West, along a west line of the said
  called 285.48 acre tract, being common with the east line of the
  B.B.B.&C. R.R. Co. Survey, Abstract No. 61, 1108.94 feet to a point
  for corner marking a southern northwest corner of the said called
  285.48 acre tract;
         THENCE, North 80°14'58" East, along the lower west line of the
  said called 285.48 acre tract, 421.47 feet to a point for corner
  marking an interior corner of the said called 285.48 acre tract;
         THENCE, North 02°39'44" West, along the upper west line of the
  said called 285.48 acre tract, 2708.36 feet to a point for corner
  marking the northwest corner of said called 285.48 acre tract, said
  point being the occupied northwest corner of the Jacob Townsend
  Survey, Abstract 25;
         THENCE, North 87°04'16" East, along the north line of the
  called 285.48 acre tract (common with the north line of the Jacob
  Townsend Survey, Abstract 25), 1773.49 feet to a point for corner;
         THENCE, North 87°15'45" East, along the north line of the
  called 285.48 acre tract (common with the north line of the Jacob
  Townsend Survey, Abstract 25), 1579.36 feet to the POINT OF
  BEGINNING, CONTAINING 285.48 acres of land in Chambers County,
  Texas
  Tract II - 129.96 acres
         BEGINNING at the northeast corner of the aforementioned
  129.96 acre tract (in the north line of the Jacob Townsend Survey,
  Abstract 25), said point also marking the northwest corner of a
  called 40.801 acre tract (Parcel 18) as described in Second Amended
  Notice of Lis Pendis recorded in Volume (07) 934, Page 280 of the
  Chambers County Official Public Records;
         THENCE, South 29°47'53" West, along the east line of said
  129.96 acre tract, common with the west line of said 40.801 acre
  tract being the west right-of-way line of State Highway 99, 2795.10
  feet to a point for corner at the beginning of a curve to the left;
         THENCE, along the arc of said curve to the left, having a
  radius of 4019.72 feet, a central angle of 23°18'04", a chord length
  of 1623.51 feet, and a long chord bearing South 18°08'51" West,
  continuing in all a total arc length of 1634.75 feet to a point for
  corner at the southeast corner of the said 129.96 acre tract, said
  point also marking the southwest corner of said 40.801 acre tract;
         THENCE, South 87°39'30" West, along the south line of said
  129.96 acre tract (common with the south line of the Jacob Townsend
  Survey, Abstract 25), 1005.32 feet to a point for corner marking the
  southwest corner of said 129.96 acre tract, being in the occupied
  east right-of-way line of Needlepoint Road (as described in the
  parent tract deed);
         THENCE, along the west line of said 129.96 acre tract,
  described as being common with the occupied east right-of-way line
  of Needlepoint Road the following nine (9) courses and distances:
         1.  North 16°24'09" East, 1157.81 feet to a point for corner;
         2.  North 15°19'42" East, 41.33 feet to a point for corner;
         3.  North 15°23'18" East, 55.80 feet to a point for corner;
         4.  North 17°10'54" East, 45.19 feet to a point for corner;
         5.  North 08°38'17" East, 37.06 feet to a point for corner;
         6.  North 02°31'50" East, 54.46 feet to a point for corner;
         7.  North 01°57'55" East, 47.69 feet to a point for corner;
         8.  North 01°22'26" East, 524.57 feet to a point for corner;
         9.  North 04°28'33" East, 2045.44 feet to a point for corner
  marking the northwest corner of said 129.96 acre tract;
         THENCE, North 89°12'24" East, with the north line of said
  129.96 acre tract (common with the north line of the Jacob Townsend
  Survey, Abstract 25), 1407.80 feet to a point for corner;
         THENCE, North 87°34'17" East, along the north line of said
  129.96 acre tract, 944.50 feet to the POINT OF BEGINNING,
  CONTAINING 129.96 acres of land in Chambers County, Texas.
  Tract III - 464.86 acres (combination of 254.14 and 210.72 acre
  tracts)
         BEGINNING at the northwest corner of the said 210.72 acre
  tract;
         THENCE, North 87°31'31" East, along the north line of said
  210.72 acre tract, 1796.29 feet to a point for corner at a northeast
  corner of the said 210.72 acre tract;
         THENCE, South 03°07'50" East, along the east line of said
  210.72 acre tract, 1709.93 feet to a point for corner;
         THENCE, North 88°05'10" East, with a north line of said 210.72
  acre tract, 1716.89 feet to a point for corner;
         THENCE, South 01°40'35" East, along an east line of said
  210.72 acre tract, 1242.97 feet to a point for corner;
         THENCE, South 87°59'43" West, 3.91 feet to a point for corner;
         THENCE, South 01°33'16" East, along an east line of the
  aforementioned 210.72 acre tract, 868.67 feet to a point for
  corner;
         THENCE, South 88°18'21" West, 398.02 feet to a point for
  corner;
         THENCE, South 01°26'48" East, 192.80 feet to a point for
  corner;
         THENCE, South 87°28'30" West, 819.13 feet to a point for
  corner;
         THENCE, South 02°30'46" East, 160.39 feet to a point for
  corner;
         THENCE, South 07°49'09" East, 360.01 feet to a point for
  corner;
         THENCE, South 15°38'38" East, 338.95 feet to a point for
  corner;
         THENCE, North 87°27'23" East, 693.04 feet to a point for
  corner;
         THENCE, South 01°26'48" East, 19.26 feet to a point for
  corner;
         THENCE, South 87°43'36" East, 396.00 feet to a point for
  corner;
         THENCE, South 01°27'10" East, 26.16 feet to a point for
  corner;
         THENCE, South 89°31'04" East, 598.07 feet to a point for
  corner, said point also being in the westerly right-of-way of Farm
  to Market Road (F.M.) 3180 (140 foot right-of-way), dedication of
  which is recorded in Volume 300, Page 622 of the Chambers County
  Deed Records;
         THENCE, South 07°09'09 West, along the westerly right-of-way
  of said F.M. 3180, 100.68 feet to a point for corner;
         THENCE, North 89°31'04" West, 577.87 feet to a point for
  corner;
         THENCE, North 01°33'16" West, 25.84 feet to a point for
  corner;
         THENCE, North 87°43'36" West, 497.18 feet to a point for
  corner;
         THENCE, North 04°36'34" West, 11.39 feet to a point for
  corner;
         THENCE, South 87°27'23" West, 673.99 feet to a point for
  corner;
         THENCE, North 15°38'45" West, 425.19 feet to a point for
  corner;
         THENCE, North 07°49'09" West, 371.48 feet to a point for
  corner;
         THENCE, South 87°27'38" West, 509.36 feet to a point for
  corner, said point also being in the east line of the aforementioned
  254.14 acre tract;
         THENCE, South 02°31'16" East, along the east line of the said
  254.14 acre tract (common with the east line of the Jacob Townsend
  Survey, Abstract 25), 2747.10 feet to a point for corner marking the
  southeast corner of said 254.14 acre tract;
         THENCE, South 87°39'30" West, along the south line of said
  254.14 acre tract (common with the south line of the Jacob Townsend
  Survey, Abstract 25), 3790.48 feet to a point for corner in the east
  right-of-way line of State Highway 99 being described as a called
  40.801 acre tract (Parcel 18) in Second Amended Notice of Lis Pendis
  recorded in Volume (07) 934, Page 280 of the Chambers County
  Official Public Records, said point being in the arc of a
  non-tangent curve to the right;
         THENCE, along the west line of the said 254.14 acre tract,
  common with the east right-of-way line of said State Highway 99 and
  the arc of said non-tangent curve to the right, having a radius of
  3619.72 feet, a central angle of 22°18'55", an arc length of 1409.79
  feet, and a long chord bearing North 18°38'26" East, 1400.90 feet to
  a point for corner;
         THENCE, North 29°47'53" East, continuing along said east
  right-of-way line of State Highway 99, 2795.78 feet to a point for
  corner at the beginning of a curve to the left;
         THENCE, along the east line of said State Highway 99, and
  along the arc of said curve to the left, having a radius of 3064.79
  feet, a central angle of 57°06'39", an arc length of 3,054.89 feet,
  and a long chord bearing North 01°14'33" East, 2,929.99 feet to a
  point for corner;
         THENCE, North 27°18'47" West, continuing along the east line
  of said State Highway 99, 156.96 feet to a point for corner;
         THENCE, North 02°44'58" West, 193.07 feet to the POINT OF
  BEGINNING, CONTAINING 464.86 acres of land in Chambers County,
  Texas, along with the herein described 285.48 acre tract (Tract I),
  and the herein described 129.96 acre tract (Tract II) for a total
  acreage of 880.30 acres.
         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 hereby certify that S.B. No. 2512 passed the Senate on
  May 12, 2009, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 2512 passed the House on
  May 27, 2009, by the following vote:  Yeas 148, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor