HB 5679

H.B. No. 5679
  AN ACT
  relating to the creation of the Hills of Walnut Creek Municipal
  Utility District of Parker County; 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 7897 to read as follows:
  CHAPTER 7897.  HILLS OF WALNUT CREEK MUNICIPAL UTILITY DISTRICT OF
  PARKER COUNTY
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 7897.0101.  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 Hills of Walnut Creek
  Municipal Utility District of Parker County.
         Sec. 7897.0102.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 7897.0103.  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. 7897.0104.  CONSENT OF MUNICIPALITY REQUIRED.  The
  temporary directors may not hold an election under Section
  7897.0103 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. 7897.0105.  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. 7897.0106.  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. 7897.0201.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 7897.0202, directors
  serve staggered four-year terms.
         Sec. 7897.0202.  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 7897.0103; 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 7897.0103 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 7897.0103; 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. 7897.0301.  GENERAL POWERS AND DUTIES.  The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 7897.0302.  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. 7897.0303.  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. 7897.0304.  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. 7897.0305.  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.
         Sec. 7897.0306.  DIVISION OF DISTRICT.  This chapter applies
  to any new district created by the division of the district under
  Section 49.316, Water Code, and a new district has all the powers
  and duties of the district.
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 7897.0401.  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 7897.0403.
         (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. 7897.0402.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 7897.0401, 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. 7897.0403.  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. 7897.0501.  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. 7897.0502.  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. 7897.0503.  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 Hills of Walnut Creek Municipal Utility
  District of Parker County initially includes all the territory
  contained in the following area:
  BEING a tract of land situated in the G. Clifton Survey, Abstract
  Number 1942, the T. & P. Railroad Company Survey, Abstract Number
  1421, the W. Hall Survey, Abstract Number 2123, the R. Wright
  Survey, Abstract Number 1636, the C. Gildon Survey, Abstract Number
  523, the J. Wimbley Survey, Abstract Number 1612, and the T. & P.
  Railroad Company Survey, Abstract Number 1377, Parker County,
  Texas, being a portion of that tract of land described by deed to
  MITX, LTD., Wells Reno Investors, LTD., and White Reno Investors,
  LTD., recorded in Volume 2154, Page 1607, County Records, Parker
  County, Texas, and being more particularly described by metes and
  bounds as follows:
  BEGINNING at the most westerly southwest corner of said MITX,
  Wells, and White tract, the northwest corner of that tract of land
  described by deed to Jesus R. Medina, et ux., recorded in Volume
  2476, Page 1703, said County Records, and the east right-of-way
  line of S. Reno Road (F.M. 1542, a variable width right-of-way);
  THENCE N 00°16'43"E, 1314.90 feet, to the most westerly northwest
  corner of said MITX, Wells, and White tract;
  THENCE N 89°44'15"E, 1425.34 feet, to the southeast corner of that
  tract of land described by deed to Barney and Shirley Stanford,
  recorded in Volume 1155, Page 225 and the southwest corner of that
  tract of land described by deed to Georgie Ann Morrow, recorded in
  Instrument Number 201401446, both of said County Records;
  THENCE N 89°18'15"E, 2101.36 feet, to the southeast corner of said
  Georgie Morrow tract and the southwest corner of that tract of land
  described by deed to Johnny F. Morrow, recorded in Volume 1720, Page
  1798, said County Records;
  THENCE N 89°45'38"E, 1692.96 feet, to the southeast corner of said
  Johnny Morrow tract and an "ell" corner in the north line of said
  MITX, Wells, and White tract;
  THENCE N 00°13'36"W, 2251.38 feet, with the east line of said Johnny
  Morrow tract and the approximate centerline of Walnut Creek;
  THENCE with said centerline, the following bearings and distances:
         S 47°38'48"E, 471.49 feet;
         S 58°04'22"E, 155.77 feet;
         S 66°39'46"E, 575.57 feet;
         S 76°47'59"E, 160.75 feet;
         N 85°32'30"E, 458.61 feet;
         N 89°02'03"E, 199.40 feet;
         S 76°13'41"E, 149.22 feet;
         S 46°16'57"E, 152.45 feet;
         S 25°11'46"E, 264.45 feet;
         S 61°54'17"E, 236.98 feet;
         S 80°32'04"E, 318.93 feet;
         S 51°50'03"E, 470.97 feet;
         N 83°46'19"E, 235.80 feet;
         S 83°31'07"E, 206.49 feet;
         S 88°41'18"E, 339.09 feet;
         S 66°11'45"E, 321.05 feet, to the northeast corner of said
  MITX, Wells, and White tract and the west line of that tract
  of land described by deed to Charles and Carolyn Sonnenburg,
  recorded in Volume 1002, Page 163, said County Records;
  THENCE with the east line of said MITX, Wells, and White tract, the
  following bearings and distances:
         S 00°10'25"E, 2058.07 feet, to the southwest corner of that
  tract of land described by deed to Jose J. Clemente, recorded
  in Instrument Number 201711878, all of said County
         Records;
         S 00°18'39"E, 1192.13 feet, to the most easterly southeast
  corner of said MITX, Wells, and White tract;
         S 89°27'00"W, 1519.03 feet, to an "ell" corner in said east
  line and the northwest corner of Lot 1, Jackson Trail
  Estates, an addition to Parker County, Texas, by plat
  recorded in Volume 363-A, Page 33, said County Records;
  THENCE S 89°41'12"W, 2649.54 feet, over and across said MITX, Wells,
  and White tract;
  THENCE S 00°57'03"E, 901.92 feet, continuing over and across said
  MITX, Wells, and White tract, to an "ell" corner in the west line of
  said MITX, Wells, and White tract and the northeast corner of Lot 1
  Pearson Crossing, an addition to Parker County, Texas, by plat
  recorded in Cabinet B, Slide 548, said County Records;
  THENCE with said west line, the following bearings and distances:
         S 89°37'15"W, 1324.85 feet, to the northwest corner of Lot 7,
  said Pearson Crossing and the northeast corner of that tract
  of land described by deed to Everardo D. Ramirez, LLC,
  recorded in Instrument Number 202042879, said County
  Records;
         S 89°51'18"W, 670.75 feet, to the northwest corner of that
  tract of land described by deed to RBBR Enterprises, Inc.,
  recorded in Instrument Number 201703769 and the east line of
  that tract of land described by deed to Terry Lee and Eva Joan
  Benton, recorded in Volume 1775, Page 1572, both of said
  County Records;
         N 00°16'37"W, 901.42 feet, to the northeast corner of said
  Benton tract;
         N 89°29'00"W, 624.44 feet, to the southeast corner of that
  tract of land described by deed to Clyda Sue Johnson,
  recorded in Instrument Number 202012870, said County
  Records;
         N 00°38'10"W, 1314.40 feet, to the northeast corner of said
  Johnson tract;
  THENCE S 89°08'05"W, 2593.70 feet, to the Point of Beginning and
  containing 28,443,549 square feet or 652.974 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
  7897, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 7897.0307 to read as follows:
         Sec. 7897.0307.  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, 2025.
  ______________________________
  ______________________________
     President of the Senate
  Speaker of the House     
         I certify that H.B. No. 5679 was passed by the House on May
  10, 2025, by the following vote:  Yeas 81, Nays 47, 2 present, not
  voting.
  ______________________________
  Chief Clerk of the House   
         I certify that H.B. No. 5679 was passed by the Senate on May
  28, 2025, by the following vote:  Yeas 27, Nays 4.
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
            _____________________
                   Governor