S.B. No. 1893
 
 
 
 
  relating to the creation of the Chisholm Trails Municipal Utility
  District No. 1; granting a limited power of eminent domain;
  providing authority to issue bonds; providing authority to impose
  assessments, fees, or taxes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle F, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 8483 to read as follows:
  CHAPTER 8483.  CHISHOLM TRAILS MUNICIPAL UTILITY DISTRICT NO. 1
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8483.001.  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 Chisholm Trails Municipal
  Utility District No. 1.
         Sec. 8483.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8483.003.  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. 8483.004.  CONSENT OF MUNICIPALITY REQUIRED. (a)  The
  temporary directors may not hold an election under Section 8483.003
  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; and
               (2)  entered into a development agreement with the
  owner or owners of a majority of the assessed value of the real
  property within the district.
         (b)  If a development agreement described by Subsection (a)
  has not been executed before September 1, 2016:
               (1)  the temporary directors may not call a
  confirmation election under Section 8483.003;
               (2)  the district is dissolved; and
               (3)  this chapter expires September 1, 2017.
         Sec. 8483.005.  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. 8483.006.  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.
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 8483.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8483.052, directors serve
  staggered four-year terms.
         Sec. 8483.052.  TEMPORARY DIRECTORS.  (a)  The temporary
  board consists of:
               (1)  Justin Holt;
               (2)  Jacob Percifull;
               (3)  Matthew Scott;
               (4)  Stephen Ganske; and
               (5)  Jerold Mitchell.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 8483.003; 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 8483.003 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 8483.003; 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.
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8483.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8483.102.  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. 8483.103.  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. 8483.104.  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. 8483.105.  COMPLIANCE WITH MUNICIPAL REGULATIONS. Any
  water, sanitary sewer, road, drainage, or other infrastructure or
  public facilities constructed, acquired, improved, maintained, or
  operated by the district shall comply with any subdivision or other
  applicable regulations of any municipality in whose corporate
  limits or extraterritorial jurisdiction the infrastructure or
  public facilities are located unless other regulations are
  specified in a development agreement between the district and the
  municipality.
         Sec. 8483.106.  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. 8483.107.  DIVISION OF DISTRICT. (a)  The original
  district or any lands added to the district may be divided into two
  or more new districts in the manner specified by Section 53.029(b),
  Water Code, only if the district:
               (1)  has no outstanding bonded debt; and
               (2)  is not imposing ad valorem taxes.
         (b)  The division procedure is prescribed by Sections 53.030
  through 53.041, Water Code.
         (c)  Any new district created by the division of the district
  has all the powers and duties of the district and is subject to the
  limitations and conditions of this chapter.
         (d)  At the time of creation, any new district created by the
  division of the district may not contain any land that is not
  contiguous to the area described by Section 2 of the Act enacting
  this chapter.
         (e)  A division of the district may not occur until each
  home-rule municipality in whose corporate limits or
  extraterritorial jurisdiction the district or any proposed
  district is located has adopted a resolution consenting to the
  division.
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 8483.151.  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 8483.153.
         (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. 8483.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8483.151, 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. 8483.153.  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.
  SUBCHAPTER E.  BONDS AND OTHER OBLIGATIONS
         Sec. 8483.201.  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. 8483.202.  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. 8483.203.  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 Chisholm Trails Municipal Utility District
  No. 1 initially includes all the territory contained in the
  following area:
  METES AND BOUNDS DESCRIPTION
  HMP Ranch, Ltd - Burleson ETJ - Tract 1
  BEING a 81.457 acre tract of land situated in the H. G. Catlett
  Survey, Abstract Number 177, Johnson County, Texas and being a
  portion of the tract of land described in the deed to HMP Ranch Ltd,
  recorded in Volume 3803, Page 887, Deed Records, Johnson County,
  Texas and in County Clerk's Document Number D206143824, Deed
  Records, Tarrant County, Texas, said 81.457 acre tract of land
  being more particularly described as follows:
  BEGINNING at the intersection of the monumented southwesterly line
  of County Road 921 with the westerly right-of-way line of the
  Burlington Northern Santa Fe Railroad Company (a 100 foot wide
  right-of-way);
  THENCE with the westerly right-of-way line of said Burlington
  Northern Santa Fe Railroad Company, South 09° 40' 29" West a
  distance of 3350.59 feet;
  THENCE departing the westerly right-of-way line of said Burlington
  Northern Santa Fe Railroad Company, North 44° 49' 44" West a
  distance of 3339.05 feet to a northwesterly line of said HMP Ranch
  Ltd tract and the southeasterly line of a tract of land described in
  the deed to Leonel Ochoa and wife, Argelia Ochoa recorded in Volume
  1862, Page 233 Deed Records, Johnson County, Texas;
  THENCE with the northwesterly line of said HMP Ranch Ltd tract and
  the southeasterly lines of said Ochoa tract, the tract of land
  described in the deed to Lazaro Duron and wife. Arcelia Duron
  recorded in Volume 241, Page 579, Deed Records, Johnson County,
  Texas, the tract of land described in the deed to Oscar S. Lazarsky
  and Catalina Sanches recorded in Volume 1891, Page 734, Deed
  Records, Johnson County, Texas, North 45° 17' 02" East a distance of
  641.52 feet to theder of the tract of land described in the deed to
  Ross Senter recorded in Volume 329, Page 28, Deed Records, Johnson
  County, Texas;
  THENCE departing said northwesterly line and said southeasterly
  lines with the southerly lines of said remainder tract, and the
  tract of land described in the deed to Randall L. Senter et ux Vicki
  L. Senter recorded in Volume 1360, Page 437, Deed Records, Johnson
  County, Texas South 45° 30' 56" East a distance of 1,556.15 feet to
  the most southerly corner of said remaining Ross Senter tract;
  THENCE continuing with the southeasterly line of said remaining
  Ross Senter tract the following courses and distances:
         North 44°27'19" East, a distance of 613.71 feet;
         North 09°46'11" East, a distance of 540.00 feet;
         North 54°00'01" East, a distance of 883.07 feet;
         North 09°40'40" East, a distance of 173.11 feet to the
  monumented southwesterly line of County Road 921;
  THENCE departing said northerly and said southeasterly lines with
  the southwesterly line of said County Road 921, South 45°00'00"
  East, a distance of 121.67 feet to the POINT OF BEGINNING;
  Containing a computed area of 3,548,270 square feet or 81.457 acres
  of land.
  NOTE:  The basis of bearings recited herein is the Texas Coordinate
  System of 1983, North Central Zone.
  NOTE:  The Surveyor has not abstracted the record title and/or
  easements of the subject property. The Surveyor prepared this
  survey without the benefit of a title commitment and assumes no
  liability for any easements right-of-way dedications or other title
  matters affecting the subject property.
  METES AND BOUNDS DESCRIPTION
  HMP Ranch, Ltd - Burleson ETJ - Tract 2
  BEING a 99.976 acre tract of land situated In the H. G. Catlett
  Survey, Abstract Number 177, Johnson County, Texas and being a
  portion of the tract of land described in the deed to HMP Ranch Ltd,
  recorded in Volume 3803, Page 887, Deed Records, Johnson County,
  Texas and in County Clerk's Document Number D206143824, Deed
  Records, Tarrant County, Texas, said 99.976 acre tract of land
  being more particularly described as follows:
  BEGINNING at the intersection of the approximate centerlines of
  County Road 921 and County Road 1016;
  THENCE with an easterly line of said HMP Ranch Ltd tract with the
  approximate centerline of said County Road 1016, South 45° 26' 19"
  West a distance of 945.97;
  THENCE continuing with the easterly line of said HMP Ranch Ltd tract
  and the approximate centerline of said County Road 1016, South 45°
  10' 42" West a distance of 1806.20 feet to the beginning of a
  non-tangent curve to the left having a radius of 2,250.00 feet, a
  central angle of 40° 36' 01", and a chord bearing and distance of
  North 58° 45' 23" West 1561.22 feet;
  THENCE departing the easterly line of said HMP Ranch Ltd tract and
  the approximate centerline of said County Road 1016 with said
  non-tangent curve to the left an arc distance of 1594.37 feet to the
  end of curve in the common line of the H.G. Catlett Survey, Abstract
  Number 177 and the H.G. Catlett Survey, Abstract Number 380;
  THENCE with said common line. North 44° 38' 14" East at a distance of
  458.80 feet passing the common south corner of Said H.G. Catlett
  Survey, Abstract Number 380 and the U. Mendoza Survey, Abstract
  Number 545, departing the common line of said Catlett Surveys and
  continuing with the common line of said H. G. Catlett Survey,
  Abstract Number 177 and said U. Mendoza Survey in all a distance of
  3121.47 feet to the north corner of said H.G. Catlett Survey,
  Abstract Number 177;
  THENCE continuing with the common line of said H.G. Catlett Survey,
  Abstract Number 177 and said U. Mendoza Survey, South 45° 04' 23"
  East, a distance of 1551.14 feet to the POINT OF BEGINNING;
  Containing a computed area of 4,354,945 square feet or 99.976 acres
  of land.
  NOTE:  The basis of bearings recited herein is the Texas Coordinate
  System of 1983, North Central Zone.
  NOTE:  The Surveyor has not abstracted the record title and/or
  easements of the subject property. The Surveyor prepared this
  survey without the benefit of a title commitment and assumes no
  liability for any easements right-of-way dedications or other title
  matters affecting the subject property.
  METES AND BOUNDS DESCRIPTION
  HMP Ranch, Ltd - Burleson ETJ - Tract 3
  BEING an 11.905 acre tract of land situated in the U. Mendoza
  Survey, Abstract Number 545, Johnson County, Texas and being a
  portion of the tract of land described in the deed to HMP Ranch Ltd,
  recorded in Volume 3803, Page 887, Deed Records, Johnson County,
  Texas and in County Clerk's Document Number D206143824, Deed
  Records, Tarrant County, Texas, said 11.905 acre tract of land
  being more particularly described as follows:
  BEGINNING at the most easterly corner of said HMP Ranch Ltd tract,
  in the approximate centerline of County Road 1011, called in the
  deed to Texas Land and Investment Company, Inc. recorded in Volume
  594, Page 457 to be the most easterly corner of the U. Mendoza
  Survey and the northwest line of the H.G. Catlett Survey Number;
  THENCE with an easterly line of said HMP Ranch Ltd tract with the
  approximate centerline of said County Road 1011, South 44° 43' 45"
  West a distance of 2555.50 feet to the approximate centerline of
  County Road 921;
  THENCE continuing with the easterly line of said HMP Ranch Ltd
  tract, departing the approximate centerline of said County Road
  1011 with the approximate centerline of said County Road 921, North
  44° 51' 50" West a distance of 320.46 feet;
  THENCE departing the approximate centerline of said County Road
  921, North 49° 54' 39" East a distance of 2464.99 feet to the
  northerly line of said HMP Ranch Ltd tract and the south line of the
  tract of land described in the deed to Bill H. Bridges and Tommy D.
  Bridges recorded in Volume 2513, Page 124, Deed Records, Johnson
  County, Texas;
  THENCE with the common line of said HMP Ranch Ltd tract and said
  Bridges tract. North 89° 35' 15" East a distance of 138.69 feet to
  the POINT OF BEGINNING;
  Containing a computed area of 518,590 square feet or 11.905 acres of
  land.
  NOTE:  The basis of bearings recited herein is the Texas Coordinate
  System of 1983, North Central Zone.
  NOTE:  The Surveyor has not abstracted the record title and/or
  easements of the subject property. The Surveyor prepared this
  survey without the benefit of a title commitment and assumes no
  liability for any easements right-of-way dedications or other title
  matters affecting the subject property.
         SECTION 3.  (a) The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations relating to this Act with the governor, the
  lieutenant governor, and the speaker of the house of
  representatives within the required time.
         (d)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act are fulfilled
  and accomplished.
         SECTION 4.  (a)  If this Act does not receive a two-thirds
  vote of all the members elected to each house, Subchapter C, Chapter
  8483, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 8483.108 to read as follows:
         Sec. 8483.108.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
         (b)  This section is not intended to be an expression of a
  legislative interpretation of the requirements of Subsection (c),
  Section 17, Article I, Texas Constitution.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1893 passed the Senate on
  May 6, 2013, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1893 passed the House on
  May 20, 2013, by the following vote:  Yeas 147, Nays 0, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor