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relating to the powers and duties of the Meyer Ranch Municipal |
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Utility District of Comal County; affecting an existing limited |
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power of eminent domain; providing authority to issue bonds; |
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providing authority to impose fees and taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 7989 to read as follows: |
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CHAPTER 7989. MEYER RANCH MUNICIPAL UTILITY DISTRICT OF COMAL |
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COUNTY |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 7989.001. DEFINITION. In this chapter, "district" |
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means the Meyer Ranch Municipal Utility District of Comal County. |
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Sec. 7989.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 7989.003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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SUBCHAPTER B. POWERS AND DUTIES |
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Sec. 7989.051. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 7989.052. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 7989.053. AUTHORITY FOR ROAD PROJECTS. Under Section |
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52, Article III, Texas Constitution, the district may design, |
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acquire, construct, finance, issue bonds for, improve, operate, |
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maintain, and convey to this state, a county, or a municipality for |
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operation and maintenance macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 7989.054. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 7989.055. LIMITATION ON USE OF EMINENT DOMAIN. |
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(a) The district may not exercise the power of eminent domain |
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outside the boundaries of the district for any purpose unless the |
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proposed exercise is approved by a written resolution of the |
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commissioners court of each county in which the district is |
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located. |
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(b) The district may not exercise the power of eminent |
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domain before the entire board of directors is composed of |
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directors elected by the residents of the district. |
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Sec. 7989.056. COMPLIANCE WITH MARCH 2016 AGREEMENT. On |
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the date the district becomes a permittee under Texas Pollutant |
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Discharge Elimination System Permit No. WQ0015314001, the district |
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shall exercise any power necessary to comply with all applicable |
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terms of the "Settlement Agreement" of March 29, 2016, between |
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Randolph Todd Company, LLC and: |
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(1) Patricia and Troy Brand; |
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(2) Ellen McClellan; |
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(3) Edward Harris; |
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(4) Phyllis Yvonne Ritter; |
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(5) Carole Farmer; |
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(6) Nelda and Ronald Davis; |
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(7) Susan Dooley Logue; |
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(8) Randall and Nancy Pappas; |
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(9) Daniel and Michele Laroe; |
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(10) Elizabeth Martin; |
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(11) Ted Martin; |
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(12) Taylor Martin; |
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(13) Hector X. Amaya; |
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(14) Sabrina Houser-Amaya; |
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(15) Franklin Houser; and |
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(16) Bonnie Houser. |
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SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS |
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Sec. 7989.101. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. (a) The district may issue bonds or other |
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obligations payable wholly or partly from ad valorem taxes, impact |
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fees, revenue, contract payments, grants, or other district money, |
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or any combination of those sources, to pay for a road project |
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authorized by Section 7989.053. |
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(b) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 7989.102. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 7989.103. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2292 passed the Senate on |
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May 19, 2017, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2292 passed the House on |
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May 24, 2017, by the following vote: Yeas 137, Nays 9, two |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |