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  S.B. No. 2524
 
 
 
 
AN ACT
  relating to the creation of the Liberty County Municipal Utility
  District No. 6; 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 8367 to read as follows:
  CHAPTER 8367.  LIBERTY COUNTY MUNICIPAL UTILITY DISTRICT NO. 6
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8367.001.  DEFINITIONS.  In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Liberty County Municipal
  Utility District No. 6.
         Sec. 8367.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8367.003.  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. 8367.004.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section 8367.003
  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. 8367.005.  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, or improvement of
  macadamized, graveled, or paved roads described by Section 54.234,
  Water Code, or improvements, including storm drainage, in aid of
  those roads.
         Sec. 8367.006.  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 8367.007-8367.050 reserved for expansion]
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 8367.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8367.052, directors serve
  staggered four-year terms.
         Sec. 8367.052.  TEMPORARY DIRECTORS.  (a)  The temporary
  board consists of:
               (1)  Mark Froehlich;
               (2)  Cynthia Gage;
               (3)  Greg Parker;
               (4)  Jeremy Newsom; and
               (5)  Cindy Leslie.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 8367.003; 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 8367.003 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 8367.003; 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 8367.053-8367.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8367.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8367.102.  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. 8367.103.  AUTHORITY FOR ROAD PROJECTS. (a)  Under
  Section 52, Article III, Texas Constitution, the district may
  design, acquire, construct, finance, issue bonds for, improve, and
  convey to this state, a county, or a municipality for operation and
  maintenance macadamized, graveled, or paved roads described by
  Section 54.234, Water Code, or improvements, including storm
  drainage, in aid of those roads.
         (b)  The district may exercise the powers provided by this
  section without submitting a petition to or obtaining approval from
  the Texas Commission on Environmental Quality as required by
  Section 54.234, Water Code.
         Sec. 8367.104.  APPROVAL OF ROAD PROJECT.  (a)  The district
  may not undertake a road project authorized by Section 8367.103
  unless:
               (1)  each municipality or county that will operate and
  maintain the road has approved the plans and specifications of the
  road project, if a municipality or county will operate and maintain
  the road; or
               (2)  the Texas Transportation Commission has approved
  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. 8367.105.  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. 8367.106.  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 8367.103; or
               (2)  a recreational facility as defined by Section
  49.462, Water Code.
         Sec. 8367.107.  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
  8367.003 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 8367.003.  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
  8367.004 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.
  [Sections 8367.108-8367.150 reserved for expansion]
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 8367.151.  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 8367.153.
         (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. 8367.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8367.151, 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. 8367.153.  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 8367.154-8367.200 reserved for expansion]
  SUBCHAPTER E.  BONDS AND OTHER OBLIGATIONS
         Sec. 8367.201.  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. 8367.202.  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. 8367.203.  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 Liberty County Municipal Utility District
  No. 6 initially includes all the territory contained in the
  following area:
         BEING A 1,393.8 ACRE TRACT OF LAND SITUATED IN THE MARY
  MAGRUDER SURVEY, ABSTRACT 311, LIBERTY COUNTY, TEXAS, BEING OUT OF
  THAT CALLED 3,696.8474 ACRE TRACT DESCRIBED IN DEED TO FORESTAR
  (USA) REAL ESTATE GROUP INC. RECORDED UNDER FILE NUMBER 20070657801
  OF THE HARRIS COUNTY DEED RECORDS AND FILE NUMBER 2007014954 OF THE
  LIBERTY COUNTY DEED RECORDS, SAID 1,393.8 ACRE TRACT BEING MORE
  PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (BEARINGS
  BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, AS
  DETERMINED BY GPS MEASUREMENTS):
         BEGINNING AT A FOUND CONCRETE MONUMENT WITH BRASS DISK
  STAMPED 'L7' FOR THE NORTHEAST CORNER OF THE CALLED 3,696.8474 ACRE
  TRACT, THE NORTHEAST CORNER OF SAID MARY MAGRUDER SURVEY, A-311,
  THE SOUTHEAST CORNER OF THE H.T.&B.R.R. NO. 13 1/2 SURVEY, A-635,
  THE SOUTHWEST CORNER OF THE W. MCWILKINSON SURVEY, A-317, AND THE
  NORTHWEST CORNER OF THE H.B. WITHAM SURVEY, A-395, FROM WHICH FOUND
  A 1-1/2-INCH AXLE BEARS SOUTH 85° WEST, 0.6 FEET;
         THENCE SOUTH 01°30'36" EAST, 5,337.88 FEET, ALONG THE COMMON
  LINE BETWEEN SAID MARY MAGRUDER SURVEY, ABSTRACT 311, AND SAID H.B.
  WITHAM SURVEY, ABSTRACT 395 TO A BROKEN CONCRETE MONUMENT FOUND ON
  THE NORTH LINE OF THE E. KING SURVEY, ABSTRACT 57, AND MARKING THE
  SOUTHWEST CORNER OF SAID H.B. WITHAM SURVEY, ABSTRACT 395, THE
  SOUTHEAST CORNER OF THE MARY MAGRUDER SURVEY, ABSTRACT 311, AND THE
  MOST EASTERLY SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT, FROM
  WHICH A 18-INCH PINE TREE BEARS SOUTH 30° WEST, 17.8 FEET AND A
  36-INCH OAK BEARS NORTH 18° EAST, 29.3 FEET;
         THENCE SOUTH 86°34'11" WEST, WITH THE NORTH LINE OF SAID E.
  KING SURVEY, ABSTRACT 57, 10.33 FEET, TO A BROKEN CONCRETE MONUMENT
  FOUND FOR AN ANGLE POINT IN THE EASTERLY SOUTH LINE OF THE HEREIN
  DESCRIBED TRACT, FROM WHICH A FOUND AXLE BEARS SOUTH 24°51' EAST,
  1.2 FEET;
         THENCE SOUTH 88°14'17" WEST, WITH THE COMMON LINE BETWEEN SAID
  MARY MAGRUDER SURVEY, ABSTRACT 311 AND SAID E. KING SURVEY,
  ABSTRACT 57, 2,602.14 FEET TO A CONCRETE MONUMENT FOUND FOR AN ANGLE
  POINT IN THE EASTERLY SOUTH LINE OF THE HEREIN DESCRIBED TRACT, FROM
  WHICH A FOUND AXLE BEARS SOUTH 53°49' WEST, 1.1 FEET;
         THENCE SOUTH 88°10'22" WEST, WITH THE COMMON LINE BETWEEN SAID
  MARY MAGRUDER SURVEY, ABSTRACT 311 AND SAID E. KING SURVEY,
  ABSTRACT 57, 8,068.22 FEET TO THE SOUTHWESTERLY CORNER OF THE
  HEREIN DESCRIBED TRACT BEING IN THE COMMON LINE BETWEEN HARRIS
  COUNTY AND LIBERTY COUNTY;
         THENCE NORTH 20°11'08" WEST, WITH THE COMMON LINE BETWEEN
  HARRIS COUNTY AND LIBERTY COUNTY, 5,390.36 FEET TO THE
  NORTHWESTERLY CORNER OF THE HEREIN DESCRIBED TRACT BEING IN A
  NORTHERLY LINE OF THE AFOREMENTIONED 3,696.8474 ACRE TRACT;
         THENCE NORTH 87°36'01" EAST, WITH THE NORTHERLY LINE OF SAID
  3,696.8474 ACRE TRACT, 3,373.86 FEET TO A 1/2-INCH IRON ROD FOUND
  FOR CORNER;
         THENCE NORTH 02°23'59" WEST, CONTINUING ALONG THE NORTHERLY
  LINE OF SAID 3,696.8474 ACRE TRACT, 100.00 FEET TO A CALCULATED
  CORNER FROM WHICH A 1/2-INCH IRON ROD FOUND BEARS N0°W, 0.2 FEET AND
  A 1/2-INCH IRON ROD FOUND BEARS N12°W, 6.7 FEET, BEING ON THE NORTH
  LINE OF THE MARY MAGRUDER SURVEY, ABSTRACT 311 AND THE W.R. SEARCY
  NO. 14 1/2 SURVEY, ABSTRACT 792, LIBERTY COUNTY, TEXAS;
         THENCE NORTH 87°37'52" EAST, ALONG THE NORTH LINE OF THE MARY
  MAGRUDER SURVEY, ABSTRACT 311 AND GENERALLY WITH THE SOUTH LINE OF
  THE W.R. SEARCY NO. 14 1/2, ABSTRACT 792, AND THE SOUTH LINE OF SAID
  H.T. & B. R.R. NO. 13 1/2 SURVEY, ABSTRACT 635, A DISTANCE OF
  9,035.70 FEET TO THE POINT OF BEGINNING AND CONTAINING 1,393.8
  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.  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. 2524 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. 2524 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