Texas 2009 - 81st Regular

Texas House Bill HB4714 Compare Versions

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1	1	81R12213 SLB-F
2	2	By: Creighton H.B. No. 4714
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Harris County Municipal Utility
8	8	District No. 495; providing authority to impose a tax and issue
9	9	bonds; granting a limited power of eminent domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8350 to read as follows:
13	13	CHAPTER 8350. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 495
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8350.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Director" means a board member.
18	18	(3) "District" means the Harris County Municipal
19	19	Utility District No. 495.
20	20	Sec. 8350.002. NATURE OF DISTRICT. The district is a
21	21	municipal utility district created under Section 59, Article XVI,
22	22	Texas Constitution.
23	23	Sec. 8350.003. CONFIRMATION AND DIRECTORS' ELECTION
24	24	REQUIRED. The temporary directors shall hold an election to
25	25	confirm the creation of the district and to elect five permanent
26	26	directors as provided by Section 49.102, Water Code.
27	27	Sec. 8350.004. CONSENT OF MUNICIPALITY REQUIRED. The
28	28	temporary directors may not hold an election under Section 8350.003
29	29	until each municipality in whose corporate limits or
30	30	extraterritorial jurisdiction the district is located has
31	31	consented by ordinance or resolution to the creation of the
32	32	district and to the inclusion of land in the district.
33	33	Sec. 8350.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
34	34	The district is created to serve a public purpose and benefit.
35	35	(b) The district is created to accomplish the purposes of:
36	36	(1) a municipal utility district as provided by
37	37	general law and Section 59, Article XVI, Texas Constitution; and
38	38	(2) Section 52, Article III, Texas Constitution, that
39	39	relate to the construction, acquisition, or improvement of
40	40	macadamized, graveled, or paved roads described by Section 54.234,
41	41	Water Code, or improvements, including storm drainage, in aid of
42	42	those roads.
43	43	Sec. 8350.006. INITIAL DISTRICT TERRITORY. (a) The
44	44	district is initially composed of the territory described by
45	45	Section 2 of the Act creating this chapter.
46	46	(b) The boundaries and field notes contained in Section 2 of
47	47	the Act creating this chapter form a closure. A mistake made in the
48	48	field notes or in copying the field notes in the legislative process
49	49	does not affect the district's:
50	50	(1) organization, existence, or validity;
51	51	(2) right to issue any type of bond for the purposes
52	52	for which the district is created or to pay the principal of and
53	53	interest on a bond;
54	54	(3) right to impose a tax; or
55	55	(4) legality or operation.
56	56	[Sections 8350.007-8350.050 reserved for expansion]
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 8350.051. GOVERNING BODY; TERMS. (a) The district is
59	59	governed by a board of five elected directors.
60	60	(b) Except as provided by Section 8350.052, directors serve
61	61	staggered four-year terms.
62	62	Sec. 8350.052. TEMPORARY DIRECTORS. (a) On or after the
63	63	effective date of the Act creating this chapter, the owner or owners
64	64	of a majority of the assessed value of the real property in the
65	65	district may submit a petition to the Texas Commission on
66	66	Environmental Quality requesting that the commission appoint as
67	67	temporary directors the five persons named in the petition. The
68	68	commission shall appoint as temporary directors the five persons
69	69	named in the petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8350.003; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act creating this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 8350.003 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 8350.003; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the Texas Commission on Environmental
87	87	Quality requesting that the commission appoint as successor
88	88	temporary directors the five persons named in the petition. The
89	89	commission shall appoint as successor temporary directors the five
90	90	persons named in the petition.
91	91	[Sections 8350.053-8350.100 reserved for expansion]
92	92	SUBCHAPTER C. POWERS AND DUTIES
93	93	Sec. 8350.101. GENERAL POWERS AND DUTIES. The district has
94	94	the powers and duties necessary to accomplish the purposes for
95	95	which the district is created.
96	96	Sec. 8350.102. MUNICIPAL UTILITY DISTRICT POWERS AND
97	97	DUTIES. The district has the powers and duties provided by the
98	98	general law of this state, including Chapters 49 and 54, Water Code,
99	99	applicable to municipal utility districts created under Section 59,
100	100	Article XVI, Texas Constitution.
101	101	Sec. 8350.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
102	102	Section 52, Article III, Texas Constitution, the district may
103	103	design, acquire, construct, finance, issue bonds for, improve, and
104	104	convey to this state, a county, or a municipality for operation and
105	105	maintenance macadamized, graveled, or paved roads described by
106	106	Section 54.234, Water Code, or improvements, including storm
107	107	drainage, in aid of those roads.
108	108	(b) The district may exercise the powers provided by this
109	109	section without submitting a petition to or obtaining approval from
110	110	the Texas Commission on Environmental Quality as required by
111	111	Section 54.234, Water Code.
112	112	Sec. 8350.104. APPROVAL OF ROAD PROJECT. (a) The district
113	113	may not undertake a road project authorized by Section 8350.103
114	114	unless:
115	115	(1) each municipality or county that will operate and
116	116	maintain the road has approved the plans and specifications of the
117	117	road project, if a municipality or county will operate and maintain
118	118	the road; or
119	119	(2) the Texas Transportation Commission has approved
120	120	the plans and specifications of the road project, if the state will
121	121	operate and maintain the road.
122	122	(b) Except as provided by Subsection (a), the district is
123	123	not required to obtain approval from the Texas Transportation
124	124	Commission to design, acquire, construct, finance, issue bonds for,
125	125	improve, or convey a road project.
126	126	Sec. 8350.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
127	127	OR RESOLUTION. The district shall comply with all applicable
128	128	requirements of any ordinance or resolution that is adopted under
129	129	Section 54.016 or 54.0165, Water Code, and that consents to the
130	130	creation of the district or to the inclusion of land in the
131	131	district.
132	132	Sec. 8350.106. LIMITATION ON USE OF EMINENT DOMAIN. The
133	133	district may not exercise the power of eminent domain outside the
134	134	district to acquire a site or easement for:
135	135	(1) a road project authorized by Section 8350.103; or
136	136	(2) a recreational facility as defined by Section
137	137	49.462, Water Code.
138	138	[Sections 8350.107-8350.150 reserved for expansion]
139	139	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
140	140	Sec. 8350.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
141	141	district may issue, without an election, bonds and other
142	142	obligations secured by:
143	143	(1) revenue other than ad valorem taxes; or
144	144	(2) contract payments described by Section 8350.153.
145	145	(b) The district must hold an election in the manner
146	146	provided by Chapters 49 and 54, Water Code, to obtain voter approval
147	147	before the district may impose an ad valorem tax or issue bonds
148	148	payable from ad valorem taxes.
149	149	(c) The district may not issue bonds payable from ad valorem
150	150	taxes to finance a road project unless the issuance is approved by a
151	151	vote of a two-thirds majority of the district voters voting at an
152	152	election held for that purpose.
153	153	Sec. 8350.152. OPERATION AND MAINTENANCE TAX. (a) If
154	154	authorized at an election held under Section 8350.151, the district
155	155	may impose an operation and maintenance tax on taxable property in
156	156	the district in accordance with Section 49.107, Water Code.
157	157	(b) The board shall determine the tax rate. The rate may not
158	158	exceed the rate approved at the election.
159	159	Sec. 8350.153. CONTRACT TAXES. (a) In accordance with
160	160	Section 49.108, Water Code, the district may impose a tax other than
161	161	an operation and maintenance tax and use the revenue derived from
162	162	the tax to make payments under a contract after the provisions of
163	163	the contract have been approved by a majority of the district voters
164	164	voting at an election held for that purpose.
165	165	(b) A contract approved by the district voters may contain a
166	166	provision stating that the contract may be modified or amended by
167	167	the board without further voter approval.
168	168	[Sections 8350.154-8350.200 reserved for expansion]
169	169	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
170	170	Sec. 8350.201. AUTHORITY TO ISSUE BONDS AND OTHER
171	171	OBLIGATIONS. The district may issue bonds or other obligations
172	172	payable wholly or partly from ad valorem taxes, impact fees,
173	173	revenue, contract payments, grants, or other district money, or any
174	174	combination of those sources, to pay for any authorized district
175	175	purpose.
176	176	Sec. 8350.202. TAXES FOR BONDS. At the time the district
177	177	issues bonds payable wholly or partly from ad valorem taxes, the
178	178	board shall provide for the annual imposition of a continuing
179	179	direct ad valorem tax, without limit as to rate or amount, while all
180	180	or part of the bonds are outstanding as required and in the manner
181	181	provided by Sections 54.601 and 54.602, Water Code.
182	182	Sec. 8350.203. BONDS FOR ROAD PROJECTS. At the time of
183	183	issuance, the total principal amount of bonds or other obligations
184	184	issued or incurred to finance road projects and payable from ad
185	185	valorem taxes may not exceed one-fourth of the assessed value of the
186	186	real property in the district.
187	187	SECTION 2. The Harris County Municipal Utility District No.
188	188	495 initially includes all the territory contained in the following
189	189	area:
190	190	BEING A 320.2 ACRE TRACT OF LAND LYING IN SECTION 60, BLOCK 2
191	191	OF THE H. & T.C. R.R. CO. SURVEY, THE H. HUSKEY SURVEY, ABSTRACT
192	192	1525, THE S. POST SURVEY, ABSTRACT 1422 AND THE W. SALYARS SURVEY,
193	193	ABSTRACT 1532, ALL SURVEYS LYING WITHIN HARRIS COUNTY, TEXAS,
194	194	CONTAINING BLOCKS 1-5 OF THE LUCKY HIT ORANGE DEVELOPMENT COLONY AS
195	195	RECORDED IN VOLUME 2, PAGE 39 OF THE MAP RECORDS OF HARRIS COUNTY
196	196	AND BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS;
197	197	BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF KATY
198	198	-HOCKLEY CUT OFF ROAD (60 FEET WIDE) AND STOCKDICK SCHOOL ROAD (60
199	199	FEET WIDE) AS RECORDED IN VOLUME 2, PAGE 39 OF THE MAP RECORDS OF
200	200	HARRIS COUNTY, BEING THE SOUTHEAST CORNER OF SECTION 67, BLOCK 2 OF
201	201	THE H. & T.C. R.R. CO. SURVEY, THE NORTHWEST CORNER OF SECTION 61,
202	202	BLOCK 2 OF THE H. & T.C. R.R. CO. SURVEY, THE SOUTHWEST CORNER OF
203	203	SECTION 60, BLOCK 2, THE LUCKY HIT ORANGE DEVELOPMENT COLONY AND OF
204	204	THE HEREIN DESCRIBED TRACT;
205	205	THENCE N 0002'44" W (CALLED NORTH), ALONG THE COMMON LINE OF
206	206	SECTION 67 AND SECTION 60, THE WEST LINE OF SAID LUCKY HIT ORANGE
207	207	DEVELOPMENT COLONY AND THIS TRACT, 2,639.49 FEET (CALLED 2,640
208	208	FEET) TO A POINT FOR THE NORTHWEST CORNER OF SAID LUCKY HIT ORANGE
209	209	DEVELOPMENT COLONY AND OF THE HEREIN DESCRIBED TRACT;
210	210	THENCE S 8953'17" E (CALLED WEST), ALONG THE CENTERLINE OF AN
211	211	UNNAMED ROAD (30 FEET WIDE) AS RECORDED IN VOLUME 2, PAGE 39 OF THE
212	212	MAP RECORDS OF HARRIS COUNTY, THE SOUTH LINE OF A 17.00 ACRE
213	213	(CALLED) TRACT OF LAND AS DESCRIBED IN DOCUMENT RECORDED IN HARRIS
214	214	COUNTY CLERK'S FILE NUMBER S147734, THE NORTH LINE OF SAID LUCKY HIT
215	215	ORANGE DEVELOPMENT COLONY AND OF THIS TRACT, AT 2,639.94 FEET
216	216	(CALLED 2,640 FEET) TO A POINT FOR THE SOUTHEAST CORNER OF SAID
217	217	17.00 ACRE TRACT, A SOUTHWEST CORNER OF A 177.00 ACRE (CALLED) TRACT
218	218	DESCRIBED IN DOCUMENT RECORDED IN HARRIS COUNTY CLERK'S FILE NUMBER
219	219	M453894, THE MOST NORTHERLY NORTHEAST CORNER OF SAID LUCKY HIT
220	220	ORANGE DEVELOPMENT COLONY AND AN ANGLE POINT IN THE NORTH LINE OF
221	221	THE HEREIN DESCRIBED TRACT;
222	222	THENCE S 8958'29" E (CALLED WEST), ALONG THE SOUTH LINE OF
223	223	SAID 177.00 ACRE TRACT AND THE NORTH LINE OF THIS TRACT, 2,640.00
224	224	FEET TO A POINT LYING IN THE WEST LINE OF SECTION 47 OF THE H. & T.C.
225	225	R.R. COMPANY SURVEY, ABSTRACT 440 HARRIS COUNTY, TEXAS AND THE EAST
226	226	LINE OF SAID SECTION 60, BLOCK 2 FOR THE NORTHEAST CORNER OF THE
227	227	HEREIN DESCRIBED TRACT;
228	228	THENCE SOUTH, ALONG THE COMMON LINE OF SECTION 47 AND SECTION
229	229	60, 2,646.86 FEET (CALLED 2,640 FEET) TO A POINT LYING IN THE
230	230	CENTERLINE OF THE AFORESAID STOCKDICK SCHOOL ROAD, ON THE NORTH
231	231	LINE OF SAID SECTION 61, FOR THE SOUTHWEST CORNER OF SECTION 47, THE
232	232	SOUTHEAST CORNER OF SECTION 60 AND OF THE HEREIN DESCRIBED TRACT;
233	233	THENCE N 8951'05" W (CALLED WEST), ALONG THE CENTERLINE OF
234	234	STOCKDICK SCHOOL ROAD, THE NORTH LINE OF SECTION 61, THE SOUTH LINE
235	235	OF SECTION 60 AND OF THE HEREIN DESCRIBED TRACT, 5,277.85 FEET
236	236	(CALLED 5,280 FEET) TO THE POINT OF BEGINNING AND CONTAINING 320.2
237	237	ACRES OF LAND MORE OR LESS.
238	238	SECTION 3. (a) The legal notice of the intention to
239	239	introduce this Act, setting forth the general substance of this
240	240	Act, has been published as provided by law, and the notice and a
241	241	copy of this Act have been furnished to all persons, agencies,
242	242	officials, or entities to which they are required to be furnished
243	243	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
244	244	Government Code.
245	245	(b) The governor, one of the required recipients, has
246	246	submitted the notice and Act to the Texas Commission on
247	247	Environmental Quality.
248	248	(c) The Texas Commission on Environmental Quality has filed
249	249	its recommendations relating to this Act with the governor, the
250	250	lieutenant governor, and the speaker of the house of
251	251	representatives within the required time.
252	252	(d) All requirements of the constitution and laws of this
253	253	state and the rules and procedures of the legislature with respect
254	254	to the notice, introduction, and passage of this Act are fulfilled
255	255	and accomplished.
256	256	SECTION 4. This Act takes effect immediately if it receives
257	257	a vote of two-thirds of all the members elected to each house, as
258	258	provided by Section 39, Article III, Texas Constitution. If this
259	259	Act does not receive the vote necessary for immediate effect, this
260	260	Act takes effect September 1, 2009.