This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  H.B. No. 5349
 
 
 
 
AN ACT
  relating to the creation of the Austin County Municipal Utility
  District No. 4; 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 7991A to read as follows:
  CHAPTER 7991A. AUSTIN COUNTY  MUNICIPAL UTILITY DISTRICT NO. 4
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 7991A.0101.  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 Austin County Municipal
  Utility District No. 4.
         Sec. 7991A.0102.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 7991A.0103.  CONFIRMATION AND DIRECTOR 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. 7991A.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section
  7991A.0103 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 as required by
  applicable law.
         Sec. 7991A.0105.  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. 7991A.0106.  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. 7991A.0201.  GOVERNING BODY; TERMS.  (a)  The district
  is governed by a board of five elected directors.
         (b)  Except as provided by Section 7991A.0202, directors
  serve staggered four-year terms.
         Sec. 7991A.0202.  TEMPORARY DIRECTORS.  (a)  The temporary
  board consists of:
               (1)  Micah Burson;
               (2)  Cullen Weishuhn;
               (3)  Nick Tirey;
               (4)  Chris Beckendorff; and
               (5)  Mills Duncan.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 7991A.0103; 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 7991A.0103 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 7991A.0103; 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. 7991A.0301.  GENERAL POWERS AND DUTIES.  The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 7991A.0302.  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. 7991A.0303.  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. 7991A.0304.  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. 7991A.0305.  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. 7991A.0401.  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
  7991A.0403.
         (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. 7991A.0402.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 7991A.0401, 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. 7991A.0403.  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. 7991A.0501.  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. 7991A.0502.  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. 7991A.0503.  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 Austin County Municipal Utility District
  No. 4 initially includes all the territory contained in the
  following area:
         BEING all that certain tract or parcel of land containing
  113.676 acres of land, more or less, in the J. K. Lee Survey,
  Abstract 353, Austin County, Texas, same being out of the residue of
  that certain Tract 1 called 160 acre parcel East Quarter of School
  Section 144, Patent No. 474, Volume 12 as described by instrument
  recorded in Volume 288, Page 575 of the Deed Records of Austin
  County, Texas, said 113.676 acre tract being more particularly
  described by metes and bounds, as follows, to wit:
         Commencing for reference at a 1/2 inch iron rod found for
  corner, same being the most easterly corner of the residue of that
  certain called 6.162 acre parcel as described by instrument
  recorded in Clerk's File No. 981607 of the Official Records of
  Austin County, Texas, same being the most northerly corner of that
  certain called 5.000 acre parcel as described by instrument
  recorded in Clerk's File No. 191600 of the Official Records of
  Austin County, Texas, same being in the southwesterly occupied
  right-of-way line of Sens Road (right-of-way varies), same being a
  northeasterly exterior corner of that certain Parcel "B" called
  100.000 acre parcel this day herein described, from which a 1/2 inch
  iron rod found for corner bears South 45 degrees 00 minutes 00
  seconds East, a distance of 2,154.29 feet (called South 45 degrees
  00 minutes 00 seconds East, 2,154.31 feet) (Basis of Bearings),
  same being a northwesterly interior corner of that certain called
  12.631 acre parcel as described by instrument recorded in Clerk's
  File No. 007898 of the Official Records of Austin County, Texas,
  same being the most easterly corner of that certain Parcel "A"
  called 113.676 acre parcel this day herein described, and same
  being the most easterly corner of the residue of that certain Tract
  1 called 160 acre parcel as described by instrument recorded in
  Volume 288, Page 577 of the Deed Records of Austin County, Texas;
         THENCE, departing said occupied southwesterly right-of-way
  line of Sens Road and with said common line, South 31 degrees 02
  minutes 31 seconds West (called South 31 degrees 02 minutes 31
  seconds West) pass at a distance of 235.66 feet (called 235.61 feet)
  a 1/2 inch iron rod found for corner, same being the most southerly
  corner of the residue of said called 6.162 acre parcel, same being
  an easterly exterior corner of the residue of said Tract 1, in all a
  distance of 418.23 feet (called 418.23 feet) to a 1/2 inch iron rod
  found for corner, same being the most westerly corner of said
  called 5.000 acre parcel, same being an easterly interior corner of
  that certain Parcel "B" this day herein described, same being an
  easterly interior corner of the residue of said Tract 1, and same
  being an easterly interior corner of the tract herein described;
         THENCE, continuing with said common line, South 45 degrees 09
  minutes 08 seconds East, a distance of 126.36 feet (called South 45
  degrees 09 minutes 08 seconds East) to POINT OF BEGINNING and a
  northerly exterior corner of the tract herein described, same being
  the most easterly southeast exterior corner of said Parcel "B" this
  day herein described, same being in the southwesterly line of said
  called 5.000 acre parcel;
         THENCE, continuing with said common line, South 45 degrees 09
  minutes 08 seconds East, a distance of 408.08 feet (called South 45
  degrees 09 minutes 08 seconds East) to a 1/2 inch iron rod found for
  corner, same being the most southerly corner of said called 5.000
  acre parcel, same being a northerly interior corner of the residue
  of said Tract 1, and same being a northerly interior corner of the
  tract herein described;
         THENCE, continuing with said common line, North 31 degrees 46
  minutes 52 seconds East, a distance of 415.47 feet (called North 31
  degrees 46 minutes 52 seconds East, 415.47 feet) to a 1/2 inch iron
  rod found for corner, same being the most easterly corner of said
  called 5.000 acre parcel, same being a northerly exterior corner of
  said Tract 1, same being in the southwesterly occupied
  right-of-way of Sens Road, and same being a northerly exterior
  corner of the tract herein described;
         THENCE, with said southwesterly occupied right-of-way line
  of said Sens Road and said common line, South 45 degrees 00 minutes
  00 seconds East (called South 45 degrees 00 minutes 00 seconds East)
  pass at a distance of 1,579.97 feet a 1/2 inch iron rod found for
  corner, same being the most northerly northwest corner of said
  called 12.631 acre parcel, same being the apparent intersection of
  the occupied southwesterly right-of-way line of Sens Road with the
  northeasterly extension of Sens Road, departing said southwesterly
  right-of-way line and said southeasterly right-of-way line of Sens
  Road intersection, in all a distance of 1,613.98 feet to a 1/2 inch
  iron rod found for corner, same being the most easterly southeast
  corner of the occupied residue of said Tract 1 called 160 acre
  parcel, same being a northwesterly interior corner of said called
  12.631 acre parcel, and same being the most easterly corner of the
  tract herein described;
         THENCE, with said occupied common line, South 45 degrees 13
  minutes 38 seconds West, a distance of 1,385.44 feet (called South
  45 degrees 00 minutes 00 seconds West) to a 1/2 inch iron rod found
  for corner, same being a southeasterly exterior corner of the
  residue of said Tract 1, same being a northwesterly interior corner
  of said called 12.631 acre parcel, and same being a southeasterly
  exterior corner of the tract herein described;
         THENCE, continuing with said common line, South 48 degrees 25
  minutes 53 seconds West, a distance of 59.19 feet (called South 45
  degrees 00 minutes 00 seconds West) to a 5/8 inch iron rod set for
  corner at an old occupied fence intersection point, same being a
  northwesterly exterior corner of said called 12.631 acre parcel,
  same being in the southeasterly occupied line of the residue of said
  Tract 1, and same being a southeasterly interior corner of the
  tract herein described;
         THENCE, continuing with said common line, South 44 degrees 40
  minutes 55 seconds West, a distance of 364.58 feet (called South 45
  degrees 00 minutes 00 seconds West) to a 1/2 inch iron rod found for
  corner at an old occupied fence intersection, same being a
  southeasterly exterior corner of the residue of said Tract 1, same
  being the most westerly corner of said called 12.631 acre parcel,
  and same being a northerly exterior corner of that certain Parcel 1
  called 919.5371 acre parcel as described by instrument recorded in
  Clerk's File No. 144449 of the Official Records of Austin County,
  Texas, and same being a southeasterly exterior corner of the tract
  herein described;
         THENCE, continuing with said common occupied line, South 45
  degrees 26 minutes 52 seconds West, a distance of 843.83 feet
  (called South 45 degrees 00 minutes 00 seconds West) to a 1/2 inch
  iron rod found for corner at an old fence intersection, same being
  the most southerly corner of the residue of Tract 1, same being in a
  northwesterly line of said Parcel 1 called 919.5371 acre parcel,
  same being the most easterly corner of that certain called 943.659
  acre parcel as described by instrument recorded in Clerk's File
  No. 973704 of the Official Records of Austin County, Texas, and
  same being the most southerly corner of the tract herein described;
         THENCE, continuing with said occupied common line, North 44
  degrees 38 minutes 14 seconds West, a distance of 412.60 feet
  (called North 45 degrees 00 minutes 00 seconds West) to a 5/8 inch
  iron rod set for corner at an old occupied fence intersection point,
  same being in the southwesterly line of the residue of said Tract 1,
  same being in the northeasterly line of said called 943.659 acre
  parcel, and same being in the southwesterly line of the tract herein
  described;
         THENCE, continuing with said occupied common line, North 44
  degrees 55 minutes 54 seconds West, a distance of 809.93 feet
  (called North 45 degrees 00 minutes 00 seconds West) to a 3/8 inch
  iron rod found for corner, same being in the southwesterly line of
  said Tract 1, same being in the northeasterly line of said called
  943.659 acre parcel, and same being in the southwesterly occupied
  line of the tract herein described;
         THENCE, continuing with said occupied common line, North 44
  degrees 52 minutes 24 seconds West, a distance of 415.58 feet
  (called North 45 degrees 00 minutes 00 seconds West) to a 5/8 inch
  iron rod set for corner at an old fence intersection , same being in
  the southwesterly line of the residue of said Tract 1, same being in
  the northeasterly line of said called 943.659 acre parcel, and same
  being in the southwesterly line of the tract herein described;
         THENCE, continuing with said occupied common line, North 44
  degrees 26 minutes 41 seconds West, a distance of 282.25 feet
  (called North 45 degrees 00 minutes 00 seconds West) to a 5/8 inch
  iron rod set for corner on the old occupied line, same being in the
  southwesterly line of the residue of said Tract 1, same being in the
  northeasterly line of said called 943.659 acre parcel, same being
  the most southerly corner of said Parcel "B" called 100.00 acre
  parcel this day herein described, and same being the most westerly
  corner of the tract herein described;
         THENCE, departing said common line, and with the southeast
  line of said Parcel "B" called 100.000 acre parcel this day herein
  described, North 45 degrees 10 minutes 34 seconds East, a distance
  of 2,240.13 feet to the POINT OF BEGINNING of the tract herein
  described and containing 113.676 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
  7991A, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 7991A.0306 to read as
  follows:
         Sec. 7991A.0306.  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, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 5349 was passed by the House on May 9,
  2023, by the following vote:  Yeas 108, Nays 34, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 5349 was passed by the Senate on May
  21, 2023, by the following vote:  Yeas 27, Nays 4.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor