S.B. No. 2524

	AN ACT
	relating to the creation of the Liberty County Municipal Utility
	District No. 6; providing authority to impose a tax and issue bonds;
	granting a limited power of eminent domain.
	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 8367 to read as follows:
	CHAPTER 8367.  LIBERTY COUNTY MUNICIPAL UTILITY DISTRICT NO. 6
	SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 8367.001.  DEFINITIONS.  In this chapter:
	(1)  "Board" means the district's board of directors.
	(2)  "Director" means a board member.
	(3)  "District" means the Liberty County Municipal
	Utility District No. 6.
	Sec. 8367.002.  NATURE OF DISTRICT.  The district is a
	municipal utility district created under Section 59, Article XVI,
	Texas Constitution.
	Sec. 8367.003.  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. 8367.004.  CONSENT OF MUNICIPALITY REQUIRED. The
	temporary directors may not hold an election under Section 8367.003
	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. 8367.005.  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, or improvement of
	macadamized, graveled, or paved roads described by Section 54.234,
	Water Code, or improvements, including storm drainage, in aid of
	those roads.
	Sec. 8367.006.  INITIAL DISTRICT TERRITORY.  (a)  The
	district is initially composed of the territory described by
	Section 2 of the Act creating this chapter.
	(b)  The boundaries and field notes contained in Section 2 of
	the Act creating 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.
	[Sections 8367.007-8367.050 reserved for expansion]
	SUBCHAPTER B.  BOARD OF DIRECTORS
	Sec. 8367.051.  GOVERNING BODY; TERMS.  (a)  The district is
	governed by a board of five elected directors.
	(b)  Except as provided by Section 8367.052, directors serve
	staggered four-year terms.
	Sec. 8367.052.  TEMPORARY DIRECTORS.  (a)  The temporary
	board consists of:
	(1)  Mark Froehlich;
	(2)  Cynthia Gage;
	(3)  Greg Parker;
	(4)  Jeremy Newsom; and
	(5)  Cindy Leslie.
	(b)  Temporary directors serve until the earlier of:
	(1)  the date permanent directors are elected under
	Section 8367.003; or
	(2)  the fourth anniversary of the effective date of
	the Act creating this chapter.
	(c)  If permanent directors have not been elected under
	Section 8367.003 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 8367.003; 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 Texas Commission on Environmental
	Quality 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.
	[Sections 8367.053-8367.100 reserved for expansion]
	SUBCHAPTER C.  POWERS AND DUTIES
	Sec. 8367.101.  GENERAL POWERS AND DUTIES.  The district has
	the powers and duties necessary to accomplish the purposes for
	which the district is created.
	Sec. 8367.102.  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. 8367.103.  AUTHORITY FOR ROAD PROJECTS. (a)  Under
	Section 52, Article III, Texas Constitution, the district may
	design, acquire, construct, finance, issue bonds for, improve, and
	convey to this state, a county, or a municipality for operation and
	maintenance macadamized, graveled, or paved roads described by
	Section 54.234, Water Code, or improvements, including storm
	drainage, in aid of those roads.
	(b)  The district may exercise the powers provided by this
	section without submitting a petition to or obtaining approval from
	the Texas Commission on Environmental Quality as required by
	Section 54.234, Water Code.
	Sec. 8367.104.  APPROVAL OF ROAD PROJECT.  (a)  The district
	may not undertake a road project authorized by Section 8367.103
	unless:
	(1)  each municipality or county that will operate and
	maintain the road has approved the plans and specifications of the
	road project, if a municipality or county will operate and maintain
	the road; or
	(2)  the Texas Transportation Commission has approved
	the plans and specifications of the road project, if the state will
	operate and maintain the road.
	(b)  Except as provided by Subsection (a), the district is
	not required to obtain approval from the Texas Transportation
	Commission to design, acquire, construct, finance, issue bonds for,
	improve, or convey a road project.
	Sec. 8367.105.  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.
	Sec. 8367.106.  LIMITATION ON USE OF EMINENT DOMAIN. The
	district may not exercise the power of eminent domain outside the
	district to acquire a site or easement for:
	(1)  a road project authorized by Section 8367.103; or
	(2)  a recreational facility as defined by Section
	49.462, Water Code.
	Sec. 8367.107.  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
	8367.003 to confirm the district's creation.
	(f)  An order dividing the district:
	(1)  shall:
	(A)  name each new district;
	(B)  include the metes and bounds of each new
	district;
	(C)  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
	(D)  provide for the division of assets and
	liabilities between or among the new districts; and
	(2)  is subject to a confirmation election in each new
	district.
	(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 8367.003.  The results of that election must be filed as
	required by Sections 49.102(e) and (f), Water Code.  If the voters
	of a new district do not confirm the creation of the new district,
	the assets, liabilities, territory, and governance of the new
	district revert to the original district.
	(i)  Municipal consent to the creation of the district and to
	the inclusion of land in the district granted under Section
	8367.004 acts as municipal consent to the creation of any new
	district created by the division of the district and to the
	inclusion of land in the new district.
	(j)  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.
	[Sections 8367.108-8367.150 reserved for expansion]
	SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
	Sec. 8367.151.  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 8367.153.
	(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. 8367.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
	authorized at an election held under Section 8367.151, 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. 8367.153.  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.
	[Sections 8367.154-8367.200 reserved for expansion]
	SUBCHAPTER E.  BONDS AND OTHER OBLIGATIONS
	Sec. 8367.201.  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. 8367.202.  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. 8367.203.  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 Liberty County Municipal Utility District
	No. 6 initially includes all the territory contained in the
	following area:
	BEING A 1,393.8 ACRE TRACT OF LAND SITUATED IN THE MARY
	MAGRUDER SURVEY, ABSTRACT 311, LIBERTY COUNTY, TEXAS, BEING OUT OF
	THAT CALLED 3,696.8474 ACRE TRACT DESCRIBED IN DEED TO FORESTAR
	(USA) REAL ESTATE GROUP INC. RECORDED UNDER FILE NUMBER 20070657801
	OF THE HARRIS COUNTY DEED RECORDS AND FILE NUMBER 2007014954 OF THE
	LIBERTY COUNTY DEED RECORDS, SAID 1,393.8 ACRE TRACT BEING MORE
	PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (BEARINGS
	BASED ON THE TEXAS COORDINATE SYSTEM OF 1983, SOUTH CENTRAL ZONE, AS
	DETERMINED BY GPS MEASUREMENTS):
	BEGINNING AT A FOUND CONCRETE MONUMENT WITH BRASS DISK
	STAMPED 'L7' FOR THE NORTHEAST CORNER OF THE CALLED 3,696.8474 ACRE
	TRACT, THE NORTHEAST CORNER OF SAID MARY MAGRUDER SURVEY, A-311,
	THE SOUTHEAST CORNER OF THE H.T.&B.R.R. NO. 13 1/2 SURVEY, A-635,
	THE SOUTHWEST CORNER OF THE W. MCWILKINSON SURVEY, A-317, AND THE
	NORTHWEST CORNER OF THE H.B. WITHAM SURVEY, A-395, FROM WHICH FOUND
	A 1-1/2-INCH AXLE BEARS SOUTH 85° WEST, 0.6 FEET;
	THENCE SOUTH 01°30'36" EAST, 5,337.88 FEET, ALONG THE COMMON
	LINE BETWEEN SAID MARY MAGRUDER SURVEY, ABSTRACT 311, AND SAID H.B.
	WITHAM SURVEY, ABSTRACT 395 TO A BROKEN CONCRETE MONUMENT FOUND ON
	THE NORTH LINE OF THE E. KING SURVEY, ABSTRACT 57, AND MARKING THE
	SOUTHWEST CORNER OF SAID H.B. WITHAM SURVEY, ABSTRACT 395, THE
	SOUTHEAST CORNER OF THE MARY MAGRUDER SURVEY, ABSTRACT 311, AND THE
	MOST EASTERLY SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT, FROM
	WHICH A 18-INCH PINE TREE BEARS SOUTH 30° WEST, 17.8 FEET AND A
	36-INCH OAK BEARS NORTH 18° EAST, 29.3 FEET;
	THENCE SOUTH 86°34'11" WEST, WITH THE NORTH LINE OF SAID E.
	KING SURVEY, ABSTRACT 57, 10.33 FEET, TO A BROKEN CONCRETE MONUMENT
	FOUND FOR AN ANGLE POINT IN THE EASTERLY SOUTH LINE OF THE HEREIN
	DESCRIBED TRACT, FROM WHICH A FOUND AXLE BEARS SOUTH 24°51' EAST,
	1.2 FEET;
	THENCE SOUTH 88°14'17" WEST, WITH THE COMMON LINE BETWEEN SAID
	MARY MAGRUDER SURVEY, ABSTRACT 311 AND SAID E. KING SURVEY,
	ABSTRACT 57, 2,602.14 FEET TO A CONCRETE MONUMENT FOUND FOR AN ANGLE
	POINT IN THE EASTERLY SOUTH LINE OF THE HEREIN DESCRIBED TRACT, FROM
	WHICH A FOUND AXLE BEARS SOUTH 53°49' WEST, 1.1 FEET;
	THENCE SOUTH 88°10'22" WEST, WITH THE COMMON LINE BETWEEN SAID
	MARY MAGRUDER SURVEY, ABSTRACT 311 AND SAID E. KING SURVEY,
	ABSTRACT 57, 8,068.22 FEET TO THE SOUTHWESTERLY CORNER OF THE
	HEREIN DESCRIBED TRACT BEING IN THE COMMON LINE BETWEEN HARRIS
	COUNTY AND LIBERTY COUNTY;
	THENCE NORTH 20°11'08" WEST, WITH THE COMMON LINE BETWEEN
	HARRIS COUNTY AND LIBERTY COUNTY, 5,390.36 FEET TO THE
	NORTHWESTERLY CORNER OF THE HEREIN DESCRIBED TRACT BEING IN A
	NORTHERLY LINE OF THE AFOREMENTIONED 3,696.8474 ACRE TRACT;
	THENCE NORTH 87°36'01" EAST, WITH THE NORTHERLY LINE OF SAID
	3,696.8474 ACRE TRACT, 3,373.86 FEET TO A 1/2-INCH IRON ROD FOUND
	FOR CORNER;
	THENCE NORTH 02°23'59" WEST, CONTINUING ALONG THE NORTHERLY
	LINE OF SAID 3,696.8474 ACRE TRACT, 100.00 FEET TO A CALCULATED
	CORNER FROM WHICH A 1/2-INCH IRON ROD FOUND BEARS N0°W, 0.2 FEET AND
	A 1/2-INCH IRON ROD FOUND BEARS N12°W, 6.7 FEET, BEING ON THE NORTH
	LINE OF THE MARY MAGRUDER SURVEY, ABSTRACT 311 AND THE W.R. SEARCY
	NO. 14 1/2 SURVEY, ABSTRACT 792, LIBERTY COUNTY, TEXAS;
	THENCE NORTH 87°37'52" EAST, ALONG THE NORTH LINE OF THE MARY
	MAGRUDER SURVEY, ABSTRACT 311 AND GENERALLY WITH THE SOUTH LINE OF
	THE W.R. SEARCY NO. 14 1/2, ABSTRACT 792, AND THE SOUTH LINE OF SAID
	H.T. & B. R.R. NO. 13 1/2 SURVEY, ABSTRACT 635, A DISTANCE OF
	9,035.70 FEET TO THE POINT OF BEGINNING AND CONTAINING 1,393.8
	ACRES 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.  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, 2009.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I hereby certify that S.B. No. 2524 passed the Senate on
	May 12, 2009, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	I hereby certify that S.B. No. 2524 passed the House on
	May 27, 2009, by the following vote:  Yeas 148, Nays 0, one
	present not voting.
	______________________________
	Chief Clerk of the House
	Approved:
	______________________________
	Date
	______________________________
	Governor