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  H.B. No. 4160
 
 
 
 
  relating to the creation of the Burnet County Municipal Utility
  District No. 1; 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 7913 to read as follows:
  CHAPTER 7913.  BURNET COUNTY MUNICIPAL UTILITY DISTRICT NO. 1
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 7913.001.  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 Burnet County Municipal
  Utility District No. 1.
         Sec. 7913.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 7913.003.  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. 7913.004.  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. 7913.005.  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. 7913.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 7913.052, directors serve
  staggered four-year terms.
         Sec. 7913.052.  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 7913.003; 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 7913.003 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 7913.003; 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. 7913.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 7913.102.  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. 7913.103.  AUTHORITY FOR ROAD PROJECTS. Under Section
  52, Article III, Texas Constitution, and Section 53.029(c), Water
  Code, 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. 7913.104.  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. 7913.105.  STRATEGIC PARTNERSHIP AGREEMENT. The
  district may negotiate and enter into a written strategic
  partnership agreement with a municipality under Section 43.0751,
  Local Government Code.
         Sec. 7913.106.  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
  7913.003 to confirm the district's creation.
         (f)  An order dividing the district shall:
               (1)  name each new district;
               (2)  include the metes and bounds of each new district;
               (3)  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
               (4)  provide for the division of assets and liabilities
  between or among the new districts.
         (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 7913.003.  A new district that is not confirmed is subject
  to dissolution under general law.
         (i)  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.
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 7913.151.  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 7913.153.
         (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. 7913.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 7913.151, 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. 7913.153.  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.  ASSESSMENTS; APPLICABILITY OF IMPACT FEES AND
  ASSESSMENTS
         Sec. 7913.201.  PETITION REQUIRED FOR FINANCING
  RECREATIONAL FACILITIES AND IMPROVEMENTS WITH ASSESSMENTS. (a)
  Except as provided by this subchapter, the board may finance a
  recreational facility or improvement with assessments on property
  under this subchapter, but only if:
               (1)  a written petition requesting that facility or
  improvement has been filed with the board; and
               (2)  the board holds a hearing on the proposed
  assessments.
         (b)  The petition must be signed by the owners of a majority
  of the assessed value of real property in the district subject to
  assessment according to the most recent certified tax appraisal
  roll for the county.
         Sec. 7913.202.  METHOD OF NOTICE FOR HEARING. The district
  shall mail notice of the hearing to each property owner in the
  district who will be subject to the assessment at the current
  address to be assessed as reflected on the tax rolls.  The district
  may mail the notice by certified or first class United States mail.
  The board shall determine the method of notice.
         Sec. 7913.203.  ASSESSMENTS; LIENS FOR ASSESSMENTS. (a) An
  assessment or a reassessment imposed under this subchapter by the
  district, penalties and interest on an assessment or reassessment,
  an expense of collection, and reasonable attorney's fees incurred
  by the district:
               (1)  are a first and prior lien against the property
  assessed;
               (2)  are superior to any other lien or claim other than
  a lien or claim for county, school district, or municipal ad valorem
  taxes; and
               (3)  are the personal liability of and a charge against
  the owners of the property even if the owners are not named in the
  assessment proceedings.
         (b)  The lien is effective from the date of the board's
  resolution imposing the assessment until the date the assessment is
  paid. The board may enforce the lien in the same manner that the
  board may enforce an ad valorem tax lien against real property.
         (c)  The board may make a correction to or deletion from the
  assessment roll that does not increase the amount of assessment of
  any parcel of land without providing notice and holding a hearing in
  the manner required for additional assessments.
         Sec. 7913.204.  UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
  ASSESSMENTS. The district may not impose an impact fee or
  assessment on the property, including the equipment,
  rights-of-way, facilities, or improvements, of:
               (1)  an electric utility or a power generation company
  as defined by Section 31.002, Utilities Code;
               (2)  a gas utility as defined by Section 101.003 or
  121.001, Utilities Code;
               (3)  a telecommunications provider as defined by
  Section 51.002, Utilities Code; or
               (4)  a person who provides to the public cable
  television or advanced telecommunications services.
  SUBCHAPTER F.  BONDS AND OTHER OBLIGATIONS
         Sec. 7913.251.  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. 7913.252.  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. 7913.253.  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.
  SUBCHAPTER G.  DEFINED AREAS
         Sec. 7913.301.  AUTHORITY TO ESTABLISH DEFINED AREAS OR
  DESIGNATED PROPERTY. The district may define areas or designate
  certain property of the district to pay for improvements,
  facilities, or services that primarily benefit that area or
  property and do not generally and directly benefit the district as a
  whole.
         Sec. 7913.302.  PROCEDURE FOR ELECTION. (a) Before the
  district may impose an ad valorem tax or issue bonds payable from ad
  valorem taxes of the defined area or designated property, the board
  shall hold an election in the defined area or in the designated
  property only.
         (b)  The board may submit the issues to the voters on the same
  ballot to be used in another election.
         Sec. 7913.303.  DECLARING RESULT AND ISSUING ORDER. (a) If
  a majority of the voters voting at the election approve the
  proposition or propositions, the board shall declare the results
  and, by order, shall establish the defined area and describe it by
  metes and bounds or designate the specific property.
         (b)  A court may not review the board's order except on the
  ground of fraud, palpable error, or arbitrary and confiscatory
  abuse of discretion.
         Sec. 7913.304.  TAXES FOR SERVICES, IMPROVEMENTS, AND
  FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
  approval and adoption of the order described by Section 7913.303,
  the district may apply separately, differently, equitably, and
  specifically its taxing power and lien authority to the defined
  area or designated property to provide money to construct,
  administer, maintain, and operate services, improvements, and
  facilities that primarily benefit the defined area or designated
  property.
         Sec. 7913.305.  ISSUANCE OF BONDS FOR DEFINED AREA OR
  DESIGNATED PROPERTY. After the order under Section 7913.303 is
  adopted, the district may issue bonds to provide for any land,
  improvements, facilities, plants, equipment, and appliances for
  the defined area or designated property.
         SECTION 2.  The Burnet County Municipal Utility District No.
  1 initially includes all the territory contained in the following
  area:
  Being a parcel of land situated in the GC&SF RR CO Survey, Section
  330, Grantee - J.N. Crawford, Abstract Number 1772, the HE&WT RR CO
  Survey, Section 304, Grantee - J.N. Crawford, Abstract Number 1833,
  the T&NO RR CO Survey, Section 2, Grantee - C.F. Burton, Abstract
  Number 1756 and the Maria Catalina Salinas Survey Number 17,
  Abstract Number 776 and being a portion of a parcel of land as
  described in the deed to Hines HWY 71, Limited Partnership recorded
  under Instrument Number 2007-9805 of the Official Public Records of
  Burnet County, Texas (hereafter referred to as the Hines Tract),
  being more particularly described as follows:
  BEGINNING at a 12 inch diameter steel fence corner post found at the
  northwest corner of said Hines Tract;
  THENCE the following nineteen (19) calls coincident with the
  perimeter and to the corners of said Hines Tract:
         1.  NORTH 88 degrees 07 minutes 25 seconds EAST, 160.65 feet
  to a found 1/2 inch rebar;
         2.  NORTH 88 degrees 11 minutes 33 seconds EAST, 381.95 feet
  to a found 1/2 inch rebar;
         3.  NORTH 88 degrees 17 minutes 11 seconds EAST, 557.49 feet
  to a found cotton gin spindle in the base of a 24 inch Live Oak;
         4.  NORTH 87 degrees 48 minutes 14 seconds EAST, 106.07 feet
  to a found 1/2 inch rebar;
         5.  NORTH 88 degrees 40 minutes 10 seconds EAST, 340.08 feet
  to a found 1/2 inch rebar;
         6.  NORTH 88 degrees 21 minutes 35 seconds EAST, 161.15 feet
  to a found 60D nail in the base of a 18 inch Cedar;
         7.  NORTH 88 degrees 02 minutes 57 seconds EAST, 588.76 feet
  to a found 2.5 inch steel fence corner post;
         8.  NORTH 01 degree 44 minutes 40 seconds WEST, 760.21 feet
  to a found 1/2 inch rebar;
         9.  NORTH 01 degree 29 minutes 14 seconds WEST, 214.13 feet
  to a found 1/2 inch rebar;
         10.  NORTH 01 degree 53 minutes 17 seconds WEST, 590.33 feet
  to a found 3/8 inch rebar;
         11.  SOUTH 77 degrees 00 minutes 08 seconds EAST, 491.52 feet
  to a found 2.5 inch steel fence corner post;
         12.  NORTH 87 degrees 53 minutes 14 seconds EAST, 1554.95
  feet to a found 2.5 inch steel fence corner post;
         13.  NORTH 00 degrees 38 minutes 32 seconds WEST, 566.01 feet
  to a found 1/2 inch capped rebar stamped "Bergman 3103";
         14.  NORTH 00 degrees 28 minutes 11 seconds WEST, 406.18 feet
  to a found 1/2 inch capped rebar stamp illegible;
         15.  NORTH 88 degrees 34 minutes 22 seconds EAST, 1439.89
  feet to a found 1/2 inch rebar;
         16.  NORTH 89 degrees 03 minutes 16 seconds EAST, 502.28 feet
  to a found 1/2 inch capped rebar stamped "Austin Surveyors";
         17.  NORTH 88 degrees 53 minutes 10 seconds EAST, 977.10 feet
  to a found 1/2 inch rebar;
         18.  SOUTH 01 degree 17 minutes 47 seconds EAST, 2875.44 feet
  to a found 3/8 inch rebar;
         19.  SOUTH 01 degree 12 minutes 03 seconds EAST, 1145.50 feet
  to a set 1/2 inch capped rebar stamped "JPH LAND SURVEYING" set at
  the intersection of the east line of said Hines Tract with the
  Burnet-Travis County Line as described in Texas Senate Bill 1009,
  an Act of May 22, 2013, 83rd Legislature, Regular Session, Chapter
  599, filed in the Office of the Texas Secretary of State;
  THENCE SOUTH 28 degrees 40 minutes 00 seconds WEST, with said
  Burnet-Travis County Line, passing at 738.26 feet a found rock
  mound noted as the 5th mile in the field notes by T. A. Chamberlain
  recorded under Document Number 50949 of the County Boundary Files
  for Burnet County in the Archives and Records of the Texas General
  Land Office, in the vicinity of said rock mound a 1/2 inch capped
  rebar stamped "Bergman RPLS 3103" lies northwesterly of said
  Burnet-Travis County Line 2.5 feet, continuing for a total distance
  of 1591.88 feet to a 1/2 inch capped rebar stamped "JPH LAND
  SURVEYING" set at the intersection of said Burnet-Travis County
  Line with a south line of said Hines Tract, from which a 6"x 6" x 44"
  tall concrete monument marked "T" on the east side, "B" on the west
  side and "1930" on the base found marking the corner of Burnet and
  Blanco Counties and on the Travis County line bears SOUTH 28 degrees
  40 minutes 00 seconds WEST, 1343.39 feet, and from said concrete
  monument a 14 inch Live Oak Tree bears NORTH 86 degrees WEST, 16.5
  feet;
  THENCE the following six (6) calls coincident with the perimeter
  and to the corners of said Hines Tract:
         1.  SOUTH 88 degrees 48 minutes 34 seconds WEST, 406.38 feet
  to a found 1/2 inch rebar from which a found 5/8 inch capped rebar
  stamped "RPLS 453?" bears NORTH 28 degrees WEST, 0.3 feet;
         2.  SOUTH 88 degrees 51 minutes 05 seconds WEST, 283.38 feet
  to a found 60D nail in top of a 12 inch diameter fence corner post;
         3.  NORTH 01 degree 12 minutes 27 seconds WEST, 475.01 feet
  to a found cotton gin spindle;
         4.  SOUTH 88 degrees 57 minutes 29 seconds WEST, 1924.98 feet
  to a set mag nail in rock;
         5.  SOUTH 25 degrees 44 minutes 58 seconds WEST, 532.03 feet
  to a found 1/2 inch capped rebar stamped "RPLS 4?52";
         6.  SOUTH 06 degrees 38 minutes 28 seconds WEST, 387.56 feet
  to a set 1/2 inch capped rebar stamped "JPH LAND SURVEYING" set at
  the intersection of an easterly line of said Hines Tract with the
  Burnet-Blanco County Line;
  THENCE NORTH 71 degrees 49 minutes 50 seconds WEST, 2120.42 feet
  with said Burnet-Blanco County Line to a 1/2 inch capped rebar
  stamped "JPH LAND SURVEYING" set at the intersection of the east
  right of way line of State Highway 71 (formerly known as R.M.
  Highway 93) a 150-foot right of way, as described in the deed to the
  State of Texas recorded in Volume 98, Pages 530 and 531 of the Deed
  Records of Burnet County, Texas with said Burnet-Blanco County
  Line, from which a calculated point being a deed call tie as
  described in said deed to the State of Texas to said Burnet-Blanco
  County Line bears NORTH 71 degrees 49 minutes 50 seconds WEST, 148.8
  feet;
  THENCE the following four (4) calls coincident with the perimeter
  and to the corners of the east right of way line of said State
  Highway 71:
         1.  NORTH 48 degrees 03 minutes 28 seconds WEST, 518.91 feet
  to a Texas Department of Transportation 4 inch x 4 inch concrete
  right of way monument found at the beginning of a tangent curve
  concave to the northeast, having a radius of 2805.00 feet;
         2.  northwesterly an arc length of 1334.88 feet to a Texas
  Department of Transportation 4 inch x 4 inch concrete right of way
  monument found at the beginning of a tangent line to the
  aforementioned curve;
         3.  NORTH 20 degrees 47 minutes 28 seconds WEST, 635.31 feet
  to a Texas Department of Transportation 4 inch x 4 inch concrete
  right of way monument found at the beginning of a tangent curve
  concave to the southwest having a radius of 5790.00 feet;
         4.  northerly an arc length of 596.51 feet to the POINT OF
  BEGINNING, containing 643.0 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.  (a)  If this Act does not receive a two-thirds
  vote of all the members elected to each house, Subchapter C, Chapter
  7913, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 7913.107 to read as follows:
         Sec. 7913.107.  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. 4160 was passed by the House on May 8,
  2015, by the following vote:  Yeas 140, Nays 2, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 4160 was passed by the Senate on May
  27, 2015, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor