Texas 2009 - 81st Regular

Texas Senate Bill SB2455 Compare Versions

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1	1	S.B. No. 2455
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Harris County Municipal Utility
6	6	District No. 495; providing authority to impose a tax and issue
7	7	bonds; granting a limited power of eminent domain.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle F, Title 6, Special District Local Laws
10	10	Code, is amended by adding Chapter 8350 to read as follows:
11	11	CHAPTER 8350. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 495
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 8350.001. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the district's board of directors.
15	15	(2) "Director" means a board member.
16	16	(3) "District" means the Harris County Municipal
17	17	Utility District No. 495.
18	18	Sec. 8350.002. NATURE OF DISTRICT. The district is a
19	19	municipal utility district created under Section 59, Article XVI,
20	20	Texas Constitution.
21	21	Sec. 8350.003. CONFIRMATION AND DIRECTORS' ELECTION
22	22	REQUIRED. The temporary directors shall hold an election to
23	23	confirm the creation of the district and to elect five permanent
24	24	directors as provided by Section 49.102, Water Code.
25	25	Sec. 8350.004. CONSENT OF MUNICIPALITY REQUIRED. The
26	26	temporary directors may not hold an election under Section 8350.003
27	27	until each municipality in whose corporate limits or
28	28	extraterritorial jurisdiction the district is located has
29	29	consented by ordinance or resolution to the creation of the
30	30	district and to the inclusion of land in the district.
31	31	Sec. 8350.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
32	32	(a) The district is created to serve a public purpose and benefit.
33	33	(b) The district is created to accomplish the purposes of:
34	34	(1) a municipal utility district as provided by
35	35	general law and Section 59, Article XVI, Texas Constitution; and
36	36	(2) Section 52, Article III, Texas Constitution, that
37	37	relate to the construction, acquisition, or improvement of
38	38	macadamized, graveled, or paved roads described by Section 54.234,
39	39	Water Code, or improvements, including storm drainage, in aid of
40	40	those roads.
41	41	Sec. 8350.006. INITIAL DISTRICT TERRITORY. (a) The
42	42	district is initially composed of the territory described by
43	43	Section 2 of the Act creating this chapter.
44	44	(b) The boundaries and field notes contained in Section 2 of
45	45	the Act creating this chapter form a closure. A mistake made in the
46	46	field notes or in copying the field notes in the legislative process
47	47	does not affect the district's:
48	48	(1) organization, existence, or validity;
49	49	(2) right to issue any type of bond for the purposes
50	50	for which the district is created or to pay the principal of and
51	51	interest on a bond;
52	52	(3) right to impose a tax; or
53	53	(4) legality or operation.
54	54	[Sections 8350.007-8350.050 reserved for expansion]
55	55	SUBCHAPTER B. BOARD OF DIRECTORS
56	56	Sec. 8350.051. GOVERNING BODY; TERMS. (a) The district is
57	57	governed by a board of five elected directors.
58	58	(b) Except as provided by Section 8350.052, directors serve
59	59	staggered four-year terms.
60	60	Sec. 8350.052. TEMPORARY DIRECTORS. (a) On or after the
61	61	effective date of the Act creating this chapter, the owner or owners
62	62	of a majority of the assessed value of the real property in the
63	63	district may submit a petition to the Texas Commission on
64	64	Environmental Quality requesting that the commission appoint as
65	65	temporary directors the five persons named in the petition. The
66	66	commission shall appoint as temporary directors the five persons
67	67	named in the petition.
68	68	(b) Temporary directors serve until the earlier of:
69	69	(1) the date permanent directors are elected under
70	70	Section 8350.003; or
71	71	(2) the fourth anniversary of the effective date of
72	72	the Act creating this chapter.
73	73	(c) If permanent directors have not been elected under
74	74	Section 8350.003 and the terms of the temporary directors have
75	75	expired, successor temporary directors shall be appointed or
76	76	reappointed as provided by Subsection (d) to serve terms that
77	77	expire on the earlier of:
78	78	(1) the date permanent directors are elected under
79	79	Section 8350.003; or
80	80	(2) the fourth anniversary of the date of the
81	81	appointment or reappointment.
82	82	(d) If Subsection (c) applies, the owner or owners of a
83	83	majority of the assessed value of the real property in the district
84	84	may submit a petition to the Texas Commission on Environmental
85	85	Quality requesting that the commission appoint as successor
86	86	temporary directors the five persons named in the petition. The
87	87	commission shall appoint as successor temporary directors the five
88	88	persons named in the petition.
89	89	[Sections 8350.053-8350.100 reserved for expansion]
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 8350.101. GENERAL POWERS AND DUTIES. The district has
92	92	the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 8350.102. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 8350.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
100	100	Section 52, Article III, Texas Constitution, the district may
101	101	design, acquire, construct, finance, issue bonds for, improve, and
102	102	convey to this state, a county, or a municipality for operation and
103	103	maintenance macadamized, graveled, or paved roads described by
104	104	Section 54.234, Water Code, or improvements, including storm
105	105	drainage, in aid of those roads.
106	106	(b) The district may exercise the powers provided by this
107	107	section without submitting a petition to or obtaining approval from
108	108	the Texas Commission on Environmental Quality as required by
109	109	Section 54.234, Water Code.
110	110	Sec. 8350.104. APPROVAL OF ROAD PROJECT. (a) The district
111	111	may not undertake a road project authorized by Section 8350.103
112	112	unless:
113	113	(1) each municipality or county that will operate and
114	114	maintain the road has approved the plans and specifications of the
115	115	road project, if a municipality or county will operate and maintain
116	116	the road; or
117	117	(2) the Texas Transportation Commission has approved
118	118	the plans and specifications of the road project, if the state will
119	119	operate and maintain the road.
120	120	(b) Except as provided by Subsection (a), the district is
121	121	not required to obtain approval from the Texas Transportation
122	122	Commission to design, acquire, construct, finance, issue bonds for,
123	123	improve, or convey a road project.
124	124	Sec. 8350.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
125	125	OR RESOLUTION. The district shall comply with all applicable
126	126	requirements of any ordinance or resolution that is adopted under
127	127	Section 54.016 or 54.0165, Water Code, and that consents to the
128	128	creation of the district or to the inclusion of land in the
129	129	district.
130	130	Sec. 8350.106. LIMITATION ON USE OF EMINENT DOMAIN. The
131	131	district may not exercise the power of eminent domain outside the
132	132	district to acquire a site or easement for:
133	133	(1) a road project authorized by Section 8350.103; or
134	134	(2) a recreational facility as defined by Section
135	135	49.462, Water Code.
136	136	[Sections 8350.107-8350.150 reserved for expansion]
137	137	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
138	138	Sec. 8350.151. ELECTIONS REGARDING TAXES OR BONDS.
139	139	(a) The district may issue, without an election, bonds and other
140	140	obligations secured by:
141	141	(1) revenue other than ad valorem taxes; or
142	142	(2) contract payments described by Section 8350.153.
143	143	(b) The district must hold an election in the manner
144	144	provided by Chapters 49 and 54, Water Code, to obtain voter approval
145	145	before the district may impose an ad valorem tax or issue bonds
146	146	payable from ad valorem taxes.
147	147	(c) The district may not issue bonds payable from ad valorem
148	148	taxes to finance a road project unless the issuance is approved by a
149	149	vote of a two-thirds majority of the district voters voting at an
150	150	election held for that purpose.
151	151	Sec. 8350.152. OPERATION AND MAINTENANCE TAX. (a) If
152	152	authorized at an election held under Section 8350.151, the district
153	153	may impose an operation and maintenance tax on taxable property in
154	154	the district in accordance with Section 49.107, Water Code.
155	155	(b) The board shall determine the tax rate. The rate may not
156	156	exceed the rate approved at the election.
157	157	Sec. 8350.153. CONTRACT TAXES. (a) In accordance with
158	158	Section 49.108, Water Code, the district may impose a tax other than
159	159	an operation and maintenance tax and use the revenue derived from
160	160	the tax to make payments under a contract after the provisions of
161	161	the contract have been approved by a majority of the district voters
162	162	voting at an election held for that purpose.
163	163	(b) A contract approved by the district voters may contain a
164	164	provision stating that the contract may be modified or amended by
165	165	the board without further voter approval.
166	166	[Sections 8350.154-8350.200 reserved for expansion]
167	167	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
168	168	Sec. 8350.201. AUTHORITY TO ISSUE BONDS AND OTHER
169	169	OBLIGATIONS. The district may issue bonds or other obligations
170	170	payable wholly or partly from ad valorem taxes, impact fees,
171	171	revenue, contract payments, grants, or other district money, or any
172	172	combination of those sources, to pay for any authorized district
173	173	purpose.
174	174	Sec. 8350.202. TAXES FOR BONDS. At the time the district
175	175	issues bonds payable wholly or partly from ad valorem taxes, the
176	176	board shall provide for the annual imposition of a continuing
177	177	direct ad valorem tax, without limit as to rate or amount, while all
178	178	or part of the bonds are outstanding as required and in the manner
179	179	provided by Sections 54.601 and 54.602, Water Code.
180	180	Sec. 8350.203. BONDS FOR ROAD PROJECTS. At the time of
181	181	issuance, the total principal amount of bonds or other obligations
182	182	issued or incurred to finance road projects and payable from ad
183	183	valorem taxes may not exceed one-fourth of the assessed value of the
184	184	real property in the district.
185	185	SECTION 2. The Harris County Municipal Utility District No.
186	186	495 initially includes all the territory contained in the following
187	187	area:
188	188	BEING A 320.2 ACRE TRACT OF LAND LYING IN SECTION 60, BLOCK 2
189	189	OF THE H. & T.C. R.R. CO. SURVEY, THE H. HUSKEY SURVEY, ABSTRACT
190	190	1525, THE S. POST SURVEY, ABSTRACT 1422 AND THE W. SALYARS SURVEY,
191	191	ABSTRACT 1532, ALL SURVEYS LYING WITHIN HARRIS COUNTY, TEXAS,
192	192	CONTAINING BLOCKS 1-5 OF THE LUCKY HIT ORANGE DEVELOPMENT COLONY AS
193	193	RECORDED IN VOLUME 2, PAGE 39 OF THE MAP RECORDS OF HARRIS COUNTY
194	194	AND BEING FURTHER DESCRIBED BY METES AND BOUNDS AS FOLLOWS;
195	195	BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF KATY
196	196	-HOCKLEY CUT OFF ROAD (60 FEET WIDE) AND STOCKDICK SCHOOL ROAD (60
197	197	FEET WIDE) AS RECORDED IN VOLUME 2, PAGE 39 OF THE MAP RECORDS OF
198	198	HARRIS COUNTY, BEING THE SOUTHEAST CORNER OF SECTION 67, BLOCK 2 OF
199	199	THE H. & T.C. R.R. CO. SURVEY, THE NORTHWEST CORNER OF SECTION 61,
200	200	BLOCK 2 OF THE H. & T.C. R.R. CO. SURVEY, THE SOUTHWEST CORNER OF
201	201	SECTION 60, BLOCK 2, THE LUCKY HIT ORANGE DEVELOPMENT COLONY AND OF
202	202	THE HEREIN DESCRIBED TRACT;
203	203	THENCE N 0002'44" W (CALLED NORTH), ALONG THE COMMON LINE OF
204	204	SECTION 67 AND SECTION 60, THE WEST LINE OF SAID LUCKY HIT ORANGE
205	205	DEVELOPMENT COLONY AND THIS TRACT, 2,639.49 FEET (CALLED 2,640
206	206	FEET) TO A POINT FOR THE NORTHWEST CORNER OF SAID LUCKY HIT ORANGE
207	207	DEVELOPMENT COLONY AND OF THE HEREIN DESCRIBED TRACT;
208	208	THENCE S 8953'17" E (CALLED WEST), ALONG THE CENTERLINE OF AN
209	209	UNNAMED ROAD (30 FEET WIDE) AS RECORDED IN VOLUME 2, PAGE 39 OF THE
210	210	MAP RECORDS OF HARRIS COUNTY, THE SOUTH LINE OF A 17.00 ACRE
211	211	(CALLED) TRACT OF LAND AS DESCRIBED IN DOCUMENT RECORDED IN HARRIS
212	212	COUNTY CLERK'S FILE NUMBER S147734, THE NORTH LINE OF SAID LUCKY HIT
213	213	ORANGE DEVELOPMENT COLONY AND OF THIS TRACT, AT 2,639.94 FEET
214	214	(CALLED 2,640 FEET) TO A POINT FOR THE SOUTHEAST CORNER OF SAID
215	215	17.00 ACRE TRACT, A SOUTHWEST CORNER OF A 177.00 ACRE (CALLED) TRACT
216	216	DESCRIBED IN DOCUMENT RECORDED IN HARRIS COUNTY CLERK'S FILE NUMBER
217	217	M453894, THE MOST NORTHERLY NORTHEAST CORNER OF SAID LUCKY HIT
218	218	ORANGE DEVELOPMENT COLONY AND AN ANGLE POINT IN THE NORTH LINE OF
219	219	THE HEREIN DESCRIBED TRACT;
220	220	THENCE S 8958'29" E (CALLED WEST), ALONG THE SOUTH LINE OF
221	221	SAID 177.00 ACRE TRACT AND THE NORTH LINE OF THIS TRACT, 2,640.00
222	222	FEET TO A POINT LYING IN THE WEST LINE OF SECTION 47 OF THE H. & T.C.
223	223	R.R. COMPANY SURVEY, ABSTRACT 440 HARRIS COUNTY, TEXAS AND THE EAST
224	224	LINE OF SAID SECTION 60, BLOCK 2 FOR THE NORTHEAST CORNER OF THE
225	225	HEREIN DESCRIBED TRACT;
226	226	THENCE SOUTH, ALONG THE COMMON LINE OF SECTION 47 AND SECTION
227	227	60, 2,646.86 FEET (CALLED 2,640 FEET) TO A POINT LYING IN THE
228	228	CENTERLINE OF THE AFORESAID STOCKDICK SCHOOL ROAD, ON THE NORTH
229	229	LINE OF SAID SECTION 61, FOR THE SOUTHWEST CORNER OF SECTION 47, THE
230	230	SOUTHEAST CORNER OF SECTION 60 AND OF THE HEREIN DESCRIBED TRACT;
231	231	THENCE N 8951'05" W (CALLED WEST), ALONG THE CENTERLINE OF
232	232	STOCKDICK SCHOOL ROAD, THE NORTH LINE OF SECTION 61, THE SOUTH LINE
233	233	OF SECTION 60 AND OF THE HEREIN DESCRIBED TRACT, 5,277.85 FEET
234	234	(CALLED 5,280 FEET) TO THE POINT OF BEGINNING AND CONTAINING 320.2
235	235	ACRES OF LAND MORE OR LESS.
236	236	SECTION 3. (a) The legal notice of the intention to
237	237	introduce this Act, setting forth the general substance of this
238	238	Act, has been published as provided by law, and the notice and a
239	239	copy of this Act have been furnished to all persons, agencies,
240	240	officials, or entities to which they are required to be furnished
241	241	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
242	242	Government Code.
243	243	(b) The governor, one of the required recipients, has
244	244	submitted the notice and Act to the Texas Commission on
245	245	Environmental Quality.
246	246	(c) The Texas Commission on Environmental Quality has filed
247	247	its recommendations relating to this Act with the governor, the
248	248	lieutenant governor, and the speaker of the house of
249	249	representatives within the required time.
250	250	(d) All requirements of the constitution and laws of this
251	251	state and the rules and procedures of the legislature with respect
252	252	to the notice, introduction, and passage of this Act are fulfilled
253	253	and accomplished.
254	254	SECTION 4. This Act takes effect immediately if it receives
255	255	a vote of two-thirds of all the members elected to each house, as
256	256	provided by Section 39, Article III, Texas Constitution. If this
257	257	Act does not receive the vote necessary for immediate effect, this
258	258	Act takes effect September 1, 2009.
259	259	______________________________ ______________________________
260	260	President of the Senate Speaker of the House
261	261	I hereby certify that S.B. No. 2455 passed the Senate on
262	262	April 30, 2009, by the following vote: Yeas 31, Nays 0.
263	263	______________________________
264	264	Secretary of the Senate
265	265	I hereby certify that S.B. No. 2455 passed the House on
266	266	May 15, 2009, by the following vote: Yeas 144, Nays 0, one
267	267	present not voting.
268	268	______________________________
269	269	Chief Clerk of the House
270	270	Approved:
271	271	______________________________
272	272	Date
273	273	______________________________
274	274	Governor