H.B. No. 4132
 
 
 
 
AN ACT
  relating to the creation of the Waller County Municipal Utility
  District No. 21; granting a limited power of eminent domain;
  providing authority to issue bonds; providing authority to impose
  assessments, fees, and 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 7929 to read as follows:
  CHAPTER 7929.  WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 21
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 7929.001.  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 Waller County Municipal
  Utility District No. 21.
         Sec. 7929.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 7929.003.  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. 7929.004.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section 7929.003
  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. 7929.005.  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. 7929.006.  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. 7929.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 7929.052, directors serve
  staggered four-year terms.
         Sec. 7929.052.  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 7929.003; 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 7929.003 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 7929.003; 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. 7929.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 7929.102.  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. 7929.103.  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. 7929.104.  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. 7929.105.  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.
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 7929.151.  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 7929.153.
         (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. 7929.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 7929.151, 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. 7929.153.  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. 7929.201.  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. 7929.202.  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. 7929.203.  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 Waller County Municipal Utility District No.
  21 initially includes all the territory contained in the following
  area:
         Being a 794.46 acre tract of land in the W. Hillhouse Survey,
  Abstract 136, Waller County, Texas, the F.L. Smith Survey, Abstract
  252, Waller County, Texas, the D. Warren Survey, Abstract 394,
  Waller County, Texas, the W. Rogerson Survey, Abstract 245, Waller
  County, Texas, the R. Watson Survey, Abstract 271, Waller County,
  being out of a called 2023.4232 acre tract of land as recorded under
  Volume 883, Page 590 of the Real Property Records Waller County, and
  Montgomery County Clerk's File No. 2005-063061, and all of a called
  803.86 acre tract of land as recorded in Volume 1330, Page 226, of
  the Real Properties Records of Waller County, Texas. Said 794.46
  acre tract, being more particularly described as follows:
         BEGINNING at a 2" iron pipe found for the southeasterly
  corner of a called 20.0 acre tract of land as recorded in Volume
  1395, Page 146 of the Deed Records of Waller County, Texas;
         THENCE N 03 deg. 35' 03" W along the easterly line of said
  20.0 acre tract, also along the easterly line of a 90.0 acre tract
  as recorded in Volume 1395, Page 146, of the Deed Records of Waller
  County, Texas, a distance of 3024.46 feet (passing at 2986.66' a 1"
  iron pipe) to a 5/8" iron rod set for the northeasterly corner of
  said 90.0 acre tract, also being the southeasterly corner of a
  163.4756 acre tract as recorded in Volume 1395, Page 146, of the
  Deed Records of Waller County, Texas also being the southwesterly
  corner of a 14.995 acre tract as recorded in Volume 1395, Page 146,
  of the Deed Records of Waller County, Texas, and being a
  northwesterly corner of herein described tract;
         THENCE N 87 deg. 24' 23" E along the southerly line of said
  14.995 acre tract, also along a 26.503 acre tract as recorded in
  Volume 252, Page 769 of the Deed Records of Waller County, Texas,
  also along a 26.503 acre tract as recorded in Volume 1253, Page 806,
  of the Deed Records of Waller County, Texas also along a 26.503 acre
  tract as recorded in Volume 249, Page 704 of the Deed Records of
  Montgomery County, Texas, a distance of 5061.12 feet to a 5/8" iron
  rod set for the southwesterly corner of a called 8.807 acre tract of
  land as recorded in Clerk's File No. 2005-063061 of the Real
  Property Records of Montgomery County Texas, also being in the
  southerly Right of Way of the Missouri Pacific Railroad, 150' Right
  of way recorded in Volume 26, Page 320 of the Deed Records of
  Montgomery County, Texas, and being a northerly corner of herein
  described tract;
         THENCE along the southerly line of the said 8.807 acre tract
  and the Railroad Right of Way as follows:
               S 43 deg 56' 21" E a distance of 830.35 feet to a 5/8"
  iron rod set for corner
         THENCE along a curve to the left with a radius of 2021.71
  feet, a chord that bears S 51 deg 09' 41" E, a chord distance of
  429.85' to a 5/8" iron rod set for in the westerly line of a called
  62.677 acre tract of land as recorded in Montgomery County Clerk's
  File No. 2006-059345, and being the most northerly northeast corner
  of the herein described tract;
         THENCE S 01 deg. 38' 08" E along the westerly line of the said
  62.677 acre tract, a distance of 2542.42 feet to 5/8" iron rod
  capped found for the northeasterly corner of a 803.86 acre tract as
  recorded in Volume 1330, Page 226 of the Deed Records of Waller
  County, Texas, also being the northwesterly corner of Ranch Crest
  Subdivision, Section 2, as recorded under Montgomery County Map
  Records in Cabinet Z, Sheet 1741, and being a corner of herein
  described tract;
         THENCE S 01 deg. 38' 07" E along the easterly line the said
  803.86 acre tract, a distance of 1463.36 feet to the southeasterly
  corner of the herein described tract
         THENCE across the said 803.86 acre tract and the said
  2023.4232 acre tract as follows:
               THENCE N 89deg46'05" W, a distance of 1403.20' to a
  point for corner
               THENCE with a curve turning to the right with an arc
  length of 1904.28', having a radius of 2000.00', a chord which
  bears S 39deg16'07" W, a chord length of 1833.16';
               THENCE S 66deg32'44" W, a distance of 498.48' to a point
  for corner
               THENCE with a curve turning to the left with an arc
  length of 1671.08', having a radius of 3500.00', a chord which
  bears S 52deg52'03" W, a chord length of 1655.25';
               THENCE S 39deg11'23" W, a distance of 175.18' to a point
  for corner
               THENCE N 48deg32'01" W, a distance of 1741.71' to a
  point for corner
               THENCE N 01deg42'32" W, a distance of 291.80' to a point
  for corner
               THENCE N 50deg13'03" E, a distance of 936.60' to a point
  for corner
               THENCE N 37deg13'01" W, a distance of 1044.87' to a
  point for corner
               THENCE N 12deg11'39" W, a distance of 614.73' to a point
  for corner
         THENCE N 05deg26'33" W, a distance of 897.80' to the POINT OF
  BEGINNING, and containing 794.46 acres of land, more or less.
         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
  7929, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 7929.106 to read as follows:
         Sec. 7929.106.  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 Section 17(c),
  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, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4132 was passed by the House on April
  30, 2015, by the following vote:  Yeas 139, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 4132 was passed by the Senate on May
  8, 2015, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor