Texas 2013 - 83rd Regular

Texas House Bill HB3943 Compare Versions

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1	1	By: S. Davis of Harris H.B. No. 3943
2	2	(Senate Sponsor - Whitmire)
3	3	(In the Senate - Received from the House May 14, 2013;
4	4	May 14, 2013, read first time and referred to Committee on
5	5	Intergovernmental Relations; May 17, 2013, reported favorably by
6	6	the following vote: Yeas 3, Nays 0; May 17, 2013, sent to
7	7	printer.)
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the creation of the Harris County Municipal Utility
13	13	District No. 537; granting a limited power of eminent domain;
14	14	providing authority to issue bonds; providing authority to impose
15	15	assessments, fees, or taxes.
16	16	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	17	SECTION 1. Subtitle F, Title 6, Special District Local Laws
18	18	Code, is amended by adding Chapter 8488 to read as follows:
19	19	CHAPTER 8488. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 537
20	20	SUBCHAPTER A. GENERAL PROVISIONS
21	21	Sec. 8488.001. DEFINITIONS. In this chapter:
22	22	(1) "Board" means the district's board of directors.
23	23	(2) "Commission" means the Texas Commission on
24	24	Environmental Quality.
25	25	(3) "Director" means a board member.
26	26	(4) "District" means the Harris County Municipal
27	27	Utility District No. 537.
28	28	Sec. 8488.002. NATURE OF DISTRICT. The district is a
29	29	municipal utility district created under Section 59, Article XVI,
30	30	Texas Constitution.
31	31	Sec. 8488.003. CONFIRMATION AND DIRECTORS' ELECTION
32	32	REQUIRED. The temporary directors shall hold an election to
33	33	confirm the creation of the district and to elect five permanent
34	34	directors as provided by Section 49.102, Water Code.
35	35	Sec. 8488.004. CONSENT OF MUNICIPALITY REQUIRED. The
36	36	temporary directors may not hold an election under Section 8488.003
37	37	until each municipality in whose corporate limits or
38	38	extraterritorial jurisdiction the district is located has
39	39	consented by ordinance or resolution to the creation of the
40	40	district and to the inclusion of land in the district.
41	41	Sec. 8488.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
42	42	The district is created to serve a public purpose and benefit.
43	43	(b) The district is created to accomplish the purposes of:
44	44	(1) a municipal utility district as provided by
45	45	general law and Section 59, Article XVI, Texas Constitution; and
46	46	(2) Section 52, Article III, Texas Constitution, that
47	47	relate to the construction, acquisition, or improvement of
48	48	macadamized, graveled, or paved roads described by Section 54.234,
49	49	Water Code, or improvements, including storm drainage, in aid of
50	50	those roads.
51	51	Sec. 8488.006. INITIAL DISTRICT TERRITORY. (a) The
52	52	district is initially composed of the territory described by
53	53	Section 2 of the Act enacting this chapter.
54	54	(b) The boundaries and field notes contained in Section 2 of
55	55	the Act enacting this chapter form a closure. A mistake made in the
56	56	field notes or in copying the field notes in the legislative process
57	57	does not affect the district's:
58	58	(1) organization, existence, or validity;
59	59	(2) right to issue any type of bond for the purposes
60	60	for which the district is created or to pay the principal of and
61	61	interest on a bond;
62	62	(3) right to impose a tax; or
63	63	(4) legality or operation.
64	64	SUBCHAPTER B. BOARD OF DIRECTORS
65	65	Sec. 8488.051. GOVERNING BODY; TERMS. (a) The district is
66	66	governed by a board of five elected directors.
67	67	(b) Except as provided by Section 8488.052, directors serve
68	68	staggered four-year terms.
69	69	Sec. 8488.052. TEMPORARY DIRECTORS. (a) The temporary
70	70	board consists of:
71	71	(1) Michael Keegan;
72	72	(2) Russ Bynum;
73	73	(3) Denise Traylor;
74	74	(4) Darryl Robinson; and
75	75	(5) Deborah Yahner.
76	76	(b) Temporary directors serve until the earlier of:
77	77	(1) the date permanent directors are elected under
78	78	Section 8488.003; or
79	79	(2) September 1, 2017.
80	80	(c) If permanent directors have not been elected under
81	81	Section 8488.003 and the terms of the temporary directors have
82	82	expired, successor temporary directors shall be appointed or
83	83	reappointed as provided by Subsection (d) to serve terms that
84	84	expire on the earlier of:
85	85	(1) the date permanent directors are elected under
86	86	Section 8488.003; or
87	87	(2) the fourth anniversary of the date of the
88	88	appointment or reappointment.
89	89	(d) If Subsection (c) applies, the owner or owners of a
90	90	majority of the assessed value of the real property in the district
91	91	may submit a petition to the commission requesting that the
92	92	commission appoint as successor temporary directors the five
93	93	persons named in the petition. The commission shall appoint as
94	94	successor temporary directors the five persons named in the
95	95	petition.
96	96	SUBCHAPTER C. POWERS AND DUTIES
97	97	Sec. 8488.101. GENERAL POWERS AND DUTIES. The district has
98	98	the powers and duties necessary to accomplish the purposes for
99	99	which the district is created.
100	100	Sec. 8488.102. MUNICIPAL UTILITY DISTRICT POWERS AND
101	101	DUTIES. The district has the powers and duties provided by the
102	102	general law of this state, including Chapters 49 and 54, Water Code,
103	103	applicable to municipal utility districts created under Section 59,
104	104	Article XVI, Texas Constitution.
105	105	Sec. 8488.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
106	106	Section 52, Article III, Texas Constitution, the district may
107	107	design, acquire, construct, finance, issue bonds for, improve, and
108	108	convey to this state, a county, or a municipality for operation and
109	109	maintenance macadamized, graveled, or paved roads described by
110	110	Section 54.234, Water Code, or improvements, including storm
111	111	drainage, in aid of those roads.
112	112	(b) The district may exercise the powers provided by this
113	113	section without submitting a petition to or obtaining approval from
114	114	the commission as required by Section 54.234, Water Code.
115	115	Sec. 8488.104. APPROVAL OF ROAD PROJECT. (a) The district
116	116	may not undertake a road project authorized by Section 8488.103
117	117	unless:
118	118	(1) each municipality or county that will operate and
119	119	maintain the road has approved the plans and specifications of the
120	120	road project, if a municipality or county will operate and maintain
121	121	the road; or
122	122	(2) the Texas Transportation Commission has approved
123	123	the plans and specifications of the road project, if the state will
124	124	operate and maintain the road.
125	125	(b) Except as provided by Subsection (a), the district is
126	126	not required to obtain approval from the Texas Transportation
127	127	Commission to design, acquire, construct, finance, issue bonds for,
128	128	improve, or convey a road project.
129	129	Sec. 8488.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
130	130	OR RESOLUTION. The district shall comply with all applicable
131	131	requirements of any ordinance or resolution that is adopted under
132	132	Section 54.016 or 54.0165, Water Code, and that consents to the
133	133	creation of the district or to the inclusion of land in the
134	134	district.
135	135	Sec. 8488.106. LIMITATION ON USE OF EMINENT DOMAIN. The
136	136	district may not exercise the power of eminent domain outside the
137	137	district to acquire a site or easement for:
138	138	(1) a road project authorized by Section 8488.103; or
139	139	(2) a recreational facility as defined by Section
140	140	49.462, Water Code.
141	141	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
142	142	Sec. 8488.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
143	143	district may issue, without an election, bonds and other
144	144	obligations secured by:
145	145	(1) revenue other than ad valorem taxes; or
146	146	(2) contract payments described by Section 8488.153.
147	147	(b) The district must hold an election in the manner
148	148	provided by Chapters 49 and 54, Water Code, to obtain voter approval
149	149	before the district may impose an ad valorem tax or issue bonds
150	150	payable from ad valorem taxes.
151	151	(c) The district may not issue bonds payable from ad valorem
152	152	taxes to finance a road project unless the issuance is approved by a
153	153	vote of a two-thirds majority of the district voters voting at an
154	154	election held for that purpose.
155	155	Sec. 8488.152. OPERATION AND MAINTENANCE TAX. (a) If
156	156	authorized at an election held under Section 8488.151, the district
157	157	may impose an operation and maintenance tax on taxable property in
158	158	the district in accordance with Section 49.107, Water Code.
159	159	(b) The board shall determine the tax rate. The rate may not
160	160	exceed the rate approved at the election.
161	161	Sec. 8488.153. CONTRACT TAXES. (a) In accordance with
162	162	Section 49.108, Water Code, the district may impose a tax other than
163	163	an operation and maintenance tax and use the revenue derived from
164	164	the tax to make payments under a contract after the provisions of
165	165	the contract have been approved by a majority of the district voters
166	166	voting at an election held for that purpose.
167	167	(b) A contract approved by the district voters may contain a
168	168	provision stating that the contract may be modified or amended by
169	169	the board without further voter approval.
170	170	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
171	171	Sec. 8488.201. AUTHORITY TO ISSUE BONDS AND OTHER
172	172	OBLIGATIONS. The district may issue bonds or other obligations
173	173	payable wholly or partly from ad valorem taxes, impact fees,
174	174	revenue, contract payments, grants, or other district money, or any
175	175	combination of those sources, to pay for any authorized district
176	176	purpose.
177	177	Sec. 8488.202. TAXES FOR BONDS. At the time the district
178	178	issues bonds payable wholly or partly from ad valorem taxes, the
179	179	board shall provide for the annual imposition of a continuing
180	180	direct ad valorem tax, without limit as to rate or amount, while all
181	181	or part of the bonds are outstanding as required and in the manner
182	182	provided by Sections 54.601 and 54.602, Water Code.
183	183	Sec. 8488.203. BONDS FOR ROAD PROJECTS. At the time of
184	184	issuance, the total principal amount of bonds or other obligations
185	185	issued or incurred to finance road projects and payable from ad
186	186	valorem taxes may not exceed one-fourth of the assessed value of the
187	187	real property in the district.
188	188	SECTION 2. The Harris County Municipal Utility District No.
189	189	537 initially includes all the territory contained in the following
190	190	area:
191	191	BEGINNING at a point in the North right-of-way line of Old Katy Road
192	192	(80 feet wide), said point marks the Southwest corner of that
193	193	certain called 0.6339 acre tract recorded under Harris County
194	194	Clerk's File No. 20100020050 and the herein described tract;
195	195	THENCE, North 01°14'41" West, at 100.00 feet pass the Southeast
196	196	corner of Unrestricted Reserve "A", Resource Centre, LTD, Subd., as
197	197	recorded in Vol. 314, Pg. 111 H.C.M.R. and continuing a total
198	198	distance of 1280.76 feet to a point in the South line of a tract of
199	199	land conveyed to Southern Pacific Railroad Co., by deed recorded
200	200	under H.C.C.F. No. B960751, for the Northeast corner of said
201	201	Reserve "A", said point also marks the Northwest corner of the
202	202	herein described tract;
203	203	THENCE, North 88°01'36" East, along the South line of said Southern
204	204	Pacific Railroad Co. tract, a distance of 551.31 feet to an angle
205	205	point;
206	206	THENCE, North 87°59'38" East, continuing along the South line of
207	207	said Southern Pacific Railroad Co. tract, a distance of 312.54 feet
208	208	to an angle point;
209	209	THENCE, North 88°17'24" East, a distance of 68.60 feet to a point in
210	210	the Southwest right-of-way line of Southern Pacific Transportation
211	211	Co. Railroad (100 feet wide), for the Northeast corner of the herein
212	212	described tract;
213	213	THENCE, South 51°45'21" East, along the Southwest right-of-way line
214	214	of said Southern Pacific R.R., a distance of 857.52 feet to a point
215	215	for the Point of Curvature of a curve to the Right;
216	216	THENCE, in a Southeasterly direction, continuing along the
217	217	Southwest line of said Southern Pacific R.R., with said curve to the
218	218	Right having a radius of 905.00 feet, a central angle of 46°24'58",
219	219	an arc length of 733.15 and a chord bearing and distance of S
220	220	27°13'25" E, 713.27 feet to a point for the Point of Tangency;
221	221	THENCE, South 01°14'53" East, along the West line of said Southern
222	222	Pacific R.R., a distance of 50.00 feet to a point for the Easterly
223	223	most Southeast corner of the herein described tract;
224	224	THENCE, South 88°45'07" West, a distance of 198.86 feet to a point
225	225	for an interior corner;
226	226	THENCE, South 01°14'53" East, a distance of 50.00 feet to a point in
227	227	the North right-of-way line of said Old Katy Road for the Southeast
228	228	corner of that certain called 0.5825 acre tract (Tr. 2, Pt. 6)
229	229	recorded under H.C.C.F. No. 20100020050, said point also marks the
230	230	Southeast corner of the herein described tract;
231	231	THENCE, South 88°45'07" West, along the North right-of-way line of
232	232	Old Katy Road, a distance of 1714.87 feet to the POINT OF BEGINNING
233	233	and containing 46.750 acres of land, more or less.
234	234	SECTION 3. (a) The legal notice of the intention to
235	235	introduce this Act, setting forth the general substance of this
236	236	Act, has been published as provided by law, and the notice and a
237	237	copy of this Act have been furnished to all persons, agencies,
238	238	officials, or entities to which they are required to be furnished
239	239	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
240	240	Government Code.
241	241	(b) The governor, one of the required recipients, has
242	242	submitted the notice and Act to the Texas Commission on
243	243	Environmental Quality.
244	244	(c) The Texas Commission on Environmental Quality has filed
245	245	its recommendations relating to this Act with the governor, the
246	246	lieutenant governor, and the speaker of the house of
247	247	representatives within the required time.
248	248	(d) All requirements of the constitution and laws of this
249	249	state and the rules and procedures of the legislature with respect
250	250	to the notice, introduction, and passage of this Act are fulfilled
251	251	and accomplished.
252	252	SECTION 4. (a) Section 8488.106, Special District Local
253	253	Laws Code, as added by Section 1 of this Act, takes effect only if
254	254	this Act receives a two-thirds vote of all the members elected to
255	255	each house.
256	256	(b) If this Act does not receive a two-thirds vote of all the
257	257	members elected to each house, Subchapter C, Chapter 8488, Special
258	258	District Local Laws Code, as added by Section 1 of this Act, is
259	259	amended by adding Section 8488.106 to read as follows:
260	260	Sec. 8488.106. NO EMINENT DOMAIN POWER. The district may
261	261	not exercise the power of eminent domain.
262	262	(c) This section is not intended to be an expression of a
263	263	legislative interpretation of the requirements of Section 17(c),
264	264	Article I, Texas Constitution.
265	265	SECTION 5. This Act takes effect September 1, 2013.
266	266	* * * * *