H.B. No. 5350

	AN ACT
	relating to the creation of the Waller County Municipal Utility
	District No. 48; 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 7993A to read as follows:
	CHAPTER 7993A. WALLER COUNTY MUNICIPAL UTILITY DISTRICT NO. 48
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 7993A.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 Waller County Municipal
	Utility District No. 48.
	Sec. 7993A.0102.  NATURE OF DISTRICT.  The district is a
	municipal utility district created under Section 59, Article XVI,
	Texas Constitution.
	Sec. 7993A.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. 7993A.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
	temporary directors may not hold an election under Section
	7993A.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. 7993A.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. 7993A.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. 7993A.0201.  GOVERNING BODY; TERMS.  (a)  The district
	is governed by a board of five elected directors.
	(b)  Except as provided by Section 7993A.0202, directors
	serve staggered four-year terms.
	Sec. 7993A.0202.  TEMPORARY DIRECTORS.  (a)  The temporary
	board consists of:
	(1)  Andrew Faubion;
	(2)  Stephen Hallmark;
	(3)  Dave Ciarella;
	(4)  Ben Agee; and
	(5)  Kelly Prewitt.
	(b)  Temporary directors serve until the earlier of:
	(1)  the date permanent directors are elected under
	Section 7993A.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 7993A.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 7993A.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. 7993A.0301.  GENERAL POWERS AND DUTIES.  The district
	has the powers and duties necessary to accomplish the purposes for
	which the district is created.
	Sec. 7993A.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. 7993A.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. 7993A.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. 7993A.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. 7993A.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
	7993A.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. 7993A.0402.  OPERATION AND MAINTENANCE TAX.  (a)  If
	authorized at an election held under Section 7993A.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. 7993A.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. 7993A.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. 7993A.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. 7993A.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 Waller County Municipal Utility District
	No. 48 initially includes all the territory contained in the
	following area:
	BEING a 556.1 acre (24,222,967 square foot) tract of land
	situated in the H. & T.C. R.R. Co. Survey, Section 98, Abstract
	No. 286, the H. & T.C. R.R. Co. Survey, Section 81, Abstract
	No. 158, and the H. & T.C. R.R. Co. Survey, Section 82, Abstract
	No. 290 of Waller County, Texas and being all of a called 556.084
	acre tract of land as described in an instrument to Freeland
	(Houston) ASLI X, LLC recorded under Waller County Clerk's File
	Number (W.C.C.F. No.) 2115429, said 556.1 acre tract of land
	described by metes and bounds as follows, with all bearings based on
	the Texas Coordinate System of 1983 (NAD83), South Central Zone
	4204 and referenced to monuments found along the perimeter of said
	556.084 acre tract as cited herein:
	BEGINNING at the Northeast corner of said 556.084 acre tract
	and the herein described tract, same being the Southeast corner of a
	called 569.5433 acre tract of land as described in an instrument to
	Weiss Land and Development, LLC recorded under W.C.C.F.
	No. 1907427, lying on the West right-of-way line of F.M. 2855 (100
	feet wide as occupied), from which a found 5/8-inch iron rod with
	cap stamped "SURVCON" bears S 81°34' W, a distance of 0.34 feet and a
	found 5/8-inch iron rod with cap stamped "THOMAS 5736" bears N
	02°14' W, a distance of 7.52 feet;
	THENCE, S 02°00'51" E, along and with the East line of said
	556.084 acre tract and the West right-of-way line of said F.M. 2855,
	a distance of 1,407.43 feet to the most Easterly Southeast corner of
	the herein described tract and said 556.084 acre tract, same being
	the Northeast corner a called 160 acre tract of land as described in
	an instrument to Dollins Farm Partnership recorded under Vol. 1154,
	Pg. 184 of the Harris County Deed Records (H.C.D.R.), from which a
	found 3/4-inch iron rod bears N 59°21' W, a distance of 0.31 feet and
	a found 5/8-inch iron rod with cap stamped "JONES & CARTER" bears N
	09°51' W, a distance of 7.52 feet;
	THENCE, S 87°58'30" W, along and with a Southerly line of said
	556.084 acre tract and the North line of said 160 acre tract, at a
	distance of 2,624.18 feet pass the Northwest corner of said 160 acre
	tract and the Northeast corner of a called 318.743 acre tract of
	land described as Tract 7 in an instrument to Hilcorp Energy I, LP
	recorded under W.C.C.F. No. 1909037, continuing along and with the
	a Southerly line of said 556.084 acre tract and the North line of
	said 318.743 acre tract, a total distance of 5,249.03 feet to an
	interior corner of the herein described tract and said 556.084 acre
	tract, same being the Northwest corner of said 318.743 acre tract,
	from which a found 2-inch iron pipe with cap bears N 70°18' W, 0.64
	feet;
	THENCE, S 02°00'26" E, along and with the West line of said
	318.743 acre tract and an Easterly line of said 556.084 acre tract,
	a distance of 5,283.54 feet to a found 1/2-inch iron rod with
	aluminum cap found for the most Southerly Southeast corner of the
	herein described tract and said 556.084 acre tract, same being the
	Southwest corner of said 318.743 acre tract, the Northwest corner
	of a called 79.794 acre tract described as Tract 8 in an instrument
	to Hilcorp Energy I, LP recorded under W.C.C.F. No. 1909468, and
	the Northeast corner of a called 258.270 acre tract of land
	described as Tract I in an instrument to Freeland (Houston) ASLI X,
	LLC recorded under W.C.C.F. No. 2115430, from which a found
	1/2-inch iron rod bears N 37°22' E, a distance of 5.54 feet;
	THENCE, S 87°59'33" W, along and with the South line of said
	556.084 acre tract and the North line of said 258.270 acre tract, a
	distance of 1,717.00 feet to a 5/8-inch iron rod found for the
	Southwest corner of the herein described tract and said 556.084
	acre tract, same being the Northwest corner of said 258.270 acre
	tract, lying on the West line of a called 706.172 acre tract of land
	described as Tract I in an instrument to City of Houston, Texas
	recorded under Vol. 397, Pg. 51 and Vol. 397, Pg. 65 of the
	W.C.D.R.;
	THENCE, N 16°19'33" W, along and with the West line of said
	556.084 acre tract and the East line of said 706.172 acre tract, a
	distance of 6,794.62 feet to a 5/8-inch iron rod found the Northwest
	corner of the herein described tract and said 556.084 acre tract,
	same being the Southwest corner of said 569.5433 acre tract, from
	which a found 5/8-inch iron rod with cap stamped "THOMAS 5736" bears
	N 15°07' W, a distance of 7.65 feet;
	THENCE, along and with the North line of said 556.084 acre
	tract and a Southerly line of said 569.5433 acre tract, the
	following courses and distances:
	N 87°59'34" E, a distance of 3,397.43 feet to an interior
	corner of the herein described tract and said 556.084 acre tract,
	same being a Southerly corner of said 569.5433 acre tract, from
	which a found 5/8-inch iron rod with cap stamped "JONES & CARTER"
	bears N 20°37' E, a distance of 0.33 feet and a found 5/8-inch iron
	rod with cap stamped "THOMAS 5736" bears N 14°34' W, a distance of
	7.71 feet;
	N 02°00'26" W, a distance of 107.43 feet along and with
	the East line of said 569.5433 acre tract and the West line of said
	556.084 acre tract to a Northerly corner of the herein described
	tract and said 556.084 acre tract, same being an interior corner of
	said 569.5433 acre tract, from which a found 5/8-inch iron rod with
	cap bears S 75°15' W, a distance of 0.27 feet and a found 5/8-inch
	iron rod with cap bears N 14°21' W, a distance of 7.67 feet;
	N 87°58'30" E, a distance of 5,248.84 feet along and with
	the South line of said 569.5433 acre tract and the North line of
	said 556.084 acre tract to the POINT OF BEGINNING and containing
	556.1 acres (24,222,967 square feet) of land.
	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
	7993A, Special District Local Laws Code, as added by Section 1 of
	this Act, is amended by adding Section 7993A.0306 to read as
	follows:
	Sec. 7993A.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. 5350 was passed by the House on May 2,
	2023, by the following vote:  Yeas 106, Nays 39, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 5350 was passed by the Senate on May
	17, 2023, by the following vote:  Yeas 27, Nays 4.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor