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  S.B. No. 1915
 
 
 
 
  relating to the creation of the Southeast Travis County Municipal
  Utility District No. 3; providing authority to impose a tax and
  issue bonds.
         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 8384 to read as follows:
  CHAPTER 8384.  SOUTHEAST TRAVIS COUNTY MUNICIPAL UTILITY DISTRICT
  NO. 3
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8384.001.  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 Southeast Travis County
  Municipal Utility District No. 3.
               (5)  "Municipality" means a municipality in whose
  corporate limits or extraterritorial jurisdiction the district is
  located.
         Sec. 8384.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8384.003.  CONFIRMATION AND DIRECTORS' ELECTION
  REQUIRED.  The temporary directors shall hold an election to
  confirm the creation of the district and to elect permanent
  directors as provided by Section 8384.051 of this code and Section
  49.102, Water Code.
         Sec. 8384.004.  CONSENT OF MUNICIPALITY REQUIRED. (a)  The
  temporary directors may not hold an election under Section 8384.003
  until each municipality has consented by ordinance or resolution to
  the creation of the district and to the inclusion of land in the
  district.
         (b)  If a municipality does not consent to the creation of
  the district or if the district does not enter into an agreement
  required by the terms of the municipal ordinance or resolution
  consenting to the creation of the district under this section
  before September 1, 2012:
               (1)  the district is dissolved September 1, 2012,
  except that:
                     (A)  any debts incurred shall be paid;
                     (B)  any assets that remain after the payment of
  debts shall be transferred to the municipality or another local
  governmental entity to be used for a public purpose; and
                     (C)  the organization of the district shall be
  maintained until all debts are paid and remaining assets are
  transferred; and
               (2)  this chapter expires September 1, 2012.
         Sec. 8384.005.  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. 8384.006.  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.
  [Sections 8384.007-8384.050 reserved for expansion]
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 8384.051.  GOVERNING BODY; TERMS.  (a)  Except as
  provided by Subsection (b), the district is governed by a board of
  five elected directors.
         (b)  If required under the terms of the agreement, ordinance,
  or resolution by which a municipality consents to the creation of
  the district, the board consists of:
               (1)  four elected directors; and
               (2)  one director appointed by the governing body of
  the municipality.
         (c)  A director appointed under Subsection (b)(2) is not
  required to be a qualified voter of the district or to own land
  subject to taxation in the district.
         (d)  Except as provided by Section 8384.052, directors serve
  staggered four-year terms.  A permanent director may not serve more
  than two four-year terms.
         (e)  The common law doctrine of incompatibility does not
  disqualify an official or employee of a municipality from being
  appointed a director by the governing body of a municipality under
  Subsection (b)(2), and a director appointed to the board may
  continue to serve in a public office of or be employed by the
  municipality.
         Sec. 8384.052.  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 8384.003; 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 8384.003 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 8384.003; 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 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.
  [Sections 8384.053-8384.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8384.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8384.102.  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. 8384.103.  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 commission as required by Section 54.234, Water Code.
         Sec. 8384.104.  APPROVAL OF ROAD PROJECT.  (a)  The district
  may not undertake a road project authorized by Section 8384.103
  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. 8384.105.  COMPLIANCE WITH AND ENFORCEABILITY OF
  MUNICIPAL CONSENT AGREEMENT, 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)  Any agreement between the district and a municipality
  related to the municipality's consent to the creation of the
  district is valid and enforceable.
         (c)  On the issuance of bonds by the district, the district
  is considered to have waived sovereign immunity to suit by a
  municipality for the purpose of adjudicating a claim for breach of
  an agreement described by this section.
         Sec. 8384.106.  CONTRACT TO FURTHER REGIONAL COOPERATION.
  The district and a municipality may contract on terms that the board
  and governing body of the municipality agree will further regional
  cooperation between the district and the municipality.
         Sec. 8384.107.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
  [Sections 8384.108-8384.150 reserved for expansion]
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 8384.151.  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 8384.153.
         (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. 8384.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8384.151, 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.
         (c)  If required by an agreement between the district and a
  municipality under Section 8384.105, the total ad valorem tax rate
  of the district may not be less than the total ad valorem tax rate of
  the municipality.
         Sec. 8384.153.  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 8384.154-8384.200 reserved for expansion]
  SUBCHAPTER E.  BONDS AND OTHER OBLIGATIONS
         Sec. 8384.201.  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. 8384.202.  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. 8384.203.  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.
  [Sections 8384.204-8384.250 reserved for expansion]
  SUBCHAPTER F.  STRATEGIC PARTNERSHIP AGREEMENT; MUNICIPAL
  ANNEXATION AND NOTICE
         Sec. 8384.251.  STRATEGIC PARTNERSHIP; CONTINUATION OF
  DISTRICT AFTER ANNEXATION BY MUNICIPALITY.  (a)  The district may
  continue to exist as a limited district after full-purpose
  annexation by a municipality if the district and the annexing
  municipality state the terms of the limited district's existence in
  a strategic partnership agreement under Section 43.0751, Local
  Government Code.
         (b)  The strategic partnership agreement may provide for a
  term of any number of years.  The limitation in Section
  43.0751(g)(2), Local Government Code, on the length of the term
  does not apply to a limited district created under this section.
         Sec. 8384.252.  MUNICIPAL ANNEXATION; NOTICE.
  (a)  Sections 43.0561 and 43.0562, Local Government Code, do not
  apply to the annexation of the district by a municipality that
  consents to the creation of the district under Section 8384.004.
         (b)  Not later than the 30th day after the date a
  municipality adopts a resolution or ordinance consenting to the
  creation of the district, the municipality shall file, in the real
  property records of the county in which the land to be included in
  the district is located, a notice to a purchaser of real property in
  the district that describes:
               (1)  the municipality's authority and intention to
  annex the district; and
               (2)  the anticipated date of the annexation.
         (c)  After the notice is filed, a person who proposes to sell
  or otherwise convey real property in the district must include the
  information contained in the municipality's notice in the Notice to
  Purchasers required by Section 49.452, Water Code.
         SECTION 2.  The Southeast Travis County Municipal Utility
  District No. 3 initially includes all the territory contained in
  the following area:
  BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND OUT OF AND A PART OF
  THE JOSE ANTONIO NAVARRO SURVEY, ABSTRACT 18, SITUATED IN TRAVIS
  COUNTY, TEXAS, SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED
  AS BEING A PORTION OF THAT CERTAIN 74.590 ACRE TRACT OF LAND
  CONVEYED TO QUALICO CR, LP IN DOCUMENT NUMBER 2008139825, ALL OF
  THAT CERTAIN 23.841 ACRE TRACT OF LAND CONVEYED TO QUALICO CR, LP IN
  DOCUMENT NUMBER 2007154328, A PORTION OF THAT CERTAIN 290.812 ACRE
  TRACT OF LAND CONVEYED TO QUALICO CR, LP IN DOCUMENT NUMBER
  2007160468, A PORTION OF THAT CERTAIN 49.020 ACRE TRACT OF LAND
  CONVEYED TO CENTURY RANCH I, LP IN DOCUMENT NUMBER 2010119927 AND A
  PORTION OF THAT CERTAIN 362.872 ACRE TRACT OF LAND CONVEYED TO
  QUALICO CR, LP IN DOCUMENT NUMBER 2008082363 ALL OF THE OFFICIAL
  PUBLIC RECORDS OF TRAVIS COUNTY, TEXAS, SAID TRACT OF LAND BEING
  562.688 ACRES OF LAND MORE FULLY DESCRIBED BY METES AND BOUNDS AS
  FOLLOWS:
  BEGINNING, at an iron rod found at the southwest corner of said
  23.841 acre Qualico CR, LP tract, also being the southernmost
  southeast corner of said 362.872 acre Qualico CR, LP tract, also
  being a point on the northern right-of-way line of Pearce Lane, a
  varying width public roadway, for the POINT OF BEGINNING of the
  herein described tract,
  THENCE, with the southern boundary line of said 362.872 acre
  Qualico CR, LP tract and the northern right-of-way line of said
  Pearce Lane, N63°00'48"W, a distance of 183.67 feet to an iron rod
  found at the southwest corner of said 362.872 acre Qualico CR, LP
  tract, also being the southeast corner of said 290.812 acre Qualico
  CR, LP tract,
  THENCE, with the southern boundary line of said 290.812 acre
  Qualico CR, LP tract and the northern right-of-way line of said
  Pearce Lane, the following three (3) courses and distances numbered
  1 through 3,
  1. N62°50'18"W, a distance of 259.97 feet to an iron rod found,
  2. N62°24'59"W, a distance of 199.34 feet to an iron rod found and
  3. N61°59'58"W, a distance of 669.48 feet to a calculated point for
  the southwest corner of the herein described tract,
  THENCE, leaving the northern right-of-way line of said Pearce Lane,
  and crossing said 290.812 acre Qualico CR, LP tract and said 49.020
  acre Century Ranch I, LP tract, the following nineteen (19) courses
  and distances, numbered 1 through 19,
  1. N28°02'07"E, a distance of 720.75 feet to a calculated point,
  2. N31°30'38"W, a distance of 170.81 feet to a calculated point of
  curvature to the left,
  3. with said curve to the left having a radius of 535.00 feet, an arc
  length of 228.96 feet and whose chord bears N43°46'14"W, a distance
  of 227.21 feet to a calculated point,
  4. N56°01'50"W, a distance of 475.38 feet to a calculated point of
  curvature to the right,
  5. with said curve to the right having a radius of 20.00 feet, an arc
  length of 31.42 feet, and whose chord bears N11°01'50"W, a distance
  of 28.28 feet to a calculated point,
  6. N33°58'10"E, a distance of 25.37 feet to a calculated point of
  curvature to the left,
  7. with said curve to the left having a radius of 1143.00 feet, an
  arc length of 152.95 feet, and whose chord bears N30°08'09"E, a
  distance of 152.84 feet to a calculated point,
  8. N40°56'29"E, a distance of 469.43 feet to a point,
  9. N56°53'58"E, a distance of 865.12 feet to a point,
  10. N80°38'54"E, a distance of 302.42 feet to a point,
  11. N50°01'31"E, a distance of 223.20 feet to a point,
  12. N14°09'53"E, a distance of 488.10 feet to a point,
  13. N16°31'07"E, a distance of 26.41 feet to a point,
  14. N08°11'43"E, a distance of 668.26 feet to a point,
  15. N40°50'46"W, a distance of 58.27 feet to a point,
  16. N22°14'54"E, a distance of 56.10 feet to a point,
  17. N20°32'37"E, a distance of 151.41 feet to a calculated point of
  curvature to the left,
  18. with said curve to the left having a radius of 1143.00 feet, an
  arc length of 397.93 feet, and whose chord bears N37°24'41"E, a
  distance 395.93 feet to a calculated point,
  19. N27°26'16"E, a distance of 467.26 feet to a calculated point on
  the northern boundary line of said 290.812 acre Qualico CR, LP
  tract, also being located on the southern boundary line of that
  certain 130.5 acre tract of land conveyed to John Richards, Jr. in
  Volume 2807, Page 382 of the Deed Records of Travis County, Texas
  for the northwest corner of the herein described tract,
  THENCE, with the northern boundary line of said 290.812 acre
  Qualico CR, LP tract and said 362.872 acre Qualico CR, LP tract, the
  following nine (9) courses and distances, numbered 1 through 9,
  1. N75°19'19"E, a distance of 33.40 feet to a point,
  2. N74°59'38"E, a distance of 231.78 feet to a point,
  3. N87°19'49"E, a distance of 97.84 feet to a point,
  4. N65°09'08"E, a distance of 331.76 feet to a point,
  5. N54°26'47"E, a distance of 893.89 feet to a point,
  6. N81°47'24"E, a distance of 654.16 feet to a point,
  7. N16°08'07"W, a distance 200.20 feet to a point,
  8. N71°43'37"E, a distance of 216.98 feet to a point and
  9. S67°15'25"E, a distance of 246.43 feet to a point at the
  northernmost corner of said 362.872 acre Qualico CR, LP tract, also
  being a point on the western boundary line of that certain 147.806
  acre tract of land conveyed to Gregory C. Weiss & Virginia G.
  Bassett in Document Number 2006186612, for the northernmost corner
  of the herein described tract,
  THENCE, with the common boundary lines of said said 362.872 acre
  Qualico CR, LP tract and said Gregory C. Weiss & Virginia G. Bassett
  tract, the following two (2) courses and distances, numbered 1 and
  2,
  1. S29°46'38"W, a distance of 1015.44 feet to a point and
  2. S63°19'24"E, a distance of 1970.74 feet to a calculated point on
  the northern boundary line of said 362.872 acre Qualico CR, LP
  tract, for the northeast corner of the herein described tract,
  THENCE, leaving the said common boundary line and crossing said
  362.872 acre Qualico CR, LP tract, said 161.518 acre Qualico CR, LP
  tract, and said 74.590 acre Qualico CR, LP tract, the following
  twelve (12) courses and distances, numbered 1 through 12,
  1. S30°19'13"W, a distance of 1597.94 feet to a calculated point,
  2. S31°33'30"W, a distance of 578.23 feet to a calculated point,
  3. S18°05'14"E, a distance of 633.66 feet to a calculated point,
  4. S30°27'47"W, a distance of 295.08 feet to a calculated point,
  5. S62°26'37"W, a distance of 544.11 feet to a calculated point,
  6. S16°17'52"E, a distance of 1014.45 feet to a calculated point,
  7. S55°53'27"E, a distance of 506.81 feet to a calculated point,
  8. S08°39'51"W, a distance of 919.38 feet to a calculated point,
  9. S45°54'29"W, a distance of 698.92 feet to a calculated point,
  10. N84°08'57"W, a distance of 722.01 feet to a calculated point,
  11. N77°46'45"W, a distance of 440.15 feet to a calculated point and
  12. S59°39'27"W, a distance of 145.30 feet to an iron rod found on
  the northern right-of-way line of said Pearce Lane and the southern
  boundary line of said 74.590 acre Qualico CR, LP tract, for the
  southeast corner of the herein described tract,
  THENCE, with the northern right-of-way line of said Pearce Lane and
  the southern boundary line of said 74.590 acre Qualico CR, LP tract
  and said 23.841 acre Qualico CR, LP tract, the following six (6)
  courses and distances, numbered 1 through 6,
  1. N67°38'41"W, a distance of 186.74 feet to an iron rod found at a
  point of curvature to the right,
  2. with said curve to the right having a radius of 1329.27 feet, an
  arc length of 478.34 feet and whose chord bears N57°19'42"W, a
  distance of 475.76 feet to an iron rod found,
  3. N47°00'32"W, a distance of 562.30 feet to an iron rod found at a
  point of curvature to the left,
  4. with said curve to the left having a radius of 1734.28 feet, an
  arc length of 501.54 feet and whose chord bears N55°27'23"W, a
  distance of 499.79 feet to an iron rod found,
  5. N63°58'45"W, a distance of 167.98 feet to an iron rod found at a
  point of curvature to the right,
  6. with said curve to the right having a radius of 6994.05 feet, an
  arc length of 222.75 feet and whose chord bears N63°26'01"W, a
  distance of 222.74 feet to the POINT OF BEGINNING and containing
  562.688 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, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1915 passed the Senate on
  May 17, 2011, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1915 passed the House on
  May 23, 2011, by the following vote:  Yeas 142, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor