Texas 2013 - 83rd Regular

Texas House Bill HB964 Compare Versions

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1	1	By: Murphy (Senate Sponsor - Huffman) H.B. No. 964
2	2	(In the Senate - Received from the House April 29, 2013;
3	3	April 29, 2013, read first time and referred to Committee on
4	4	Intergovernmental Relations; May 10, 2013, reported favorably by
5	5	the following vote: Yeas 5, Nays 0; May 10, 2013, sent to
6	6	printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the creation of the Harris County Municipal Utility
12	12	District No. 529; granting a limited power of eminent domain;
13	13	providing authority to issue bonds; providing authority to impose
14	14	assessments, fees, or taxes.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	17	Code, is amended by adding Chapter 8444 to read as follows:
18	18	CHAPTER 8444. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 529
19	19	SUBCHAPTER A. GENERAL PROVISIONS
20	20	Sec. 8444.001. DEFINITIONS. In this chapter:
21	21	(1) "Board" means the district's board of directors.
22	22	(2) "Commission" means the Texas Commission on
23	23	Environmental Quality.
24	24	(3) "Director" means a board member.
25	25	(4) "District" means the Harris County Municipal
26	26	Utility District No. 529.
27	27	Sec. 8444.002. NATURE OF DISTRICT. The district is a
28	28	municipal utility district created under Section 59, Article XVI,
29	29	Texas Constitution.
30	30	Sec. 8444.003. CONFIRMATION AND DIRECTORS' ELECTION
31	31	REQUIRED. The temporary directors shall hold an election to
32	32	confirm the creation of the district and to elect five permanent
33	33	directors as provided by Section 49.102, Water Code.
34	34	Sec. 8444.004. CONSENT OF MUNICIPALITY REQUIRED. The
35	35	temporary directors may not hold an election under Section 8444.003
36	36	until each municipality in whose corporate limits or
37	37	extraterritorial jurisdiction the district is located has
38	38	consented by ordinance or resolution to the creation of the
39	39	district and to the inclusion of land in the district.
40	40	Sec. 8444.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
41	41	The district is created to serve a public purpose and benefit.
42	42	(b) The district is created to accomplish the purposes of a
43	43	municipal utility district as provided by general law and Section
44	44	59, Article XVI, Texas Constitution.
45	45	Sec. 8444.006. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 8444.051. GOVERNING BODY; TERMS. (a) The district is
60	60	governed by a board of five elected directors.
61	61	(b) Except as provided by Section 8444.052, directors serve
62	62	staggered four-year terms.
63	63	Sec. 8444.052. TEMPORARY DIRECTORS. (a) The temporary
64	64	board consists of:
65	65	(1) Joseph Forrester;
66	66	(2) Eric Willis;
67	67	(3) George Kaleh;
68	68	(4) Jennifer Montgomery; and
69	69	(5) Dan Quinlan.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8444.003; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act enacting this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 8444.003 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 8444.003; 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 commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 8444.101. GENERAL POWERS AND DUTIES. The district has
93	93	the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 8444.102. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 8444.103. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
101	101	OR RESOLUTION. The district shall comply with all applicable
102	102	requirements of any ordinance or resolution that is adopted under
103	103	Section 54.016 or 54.0165, Water Code, and that consents to the
104	104	creation of the district or to the inclusion of land in the
105	105	district.
106	106	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
107	107	Sec. 8444.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
108	108	district may issue, without an election, bonds and other
109	109	obligations secured by:
110	110	(1) revenue other than ad valorem taxes; or
111	111	(2) contract payments described by Section 8444.153.
112	112	(b) The district must hold an election in the manner
113	113	provided by Chapters 49 and 54, Water Code, to obtain voter approval
114	114	before the district may impose an ad valorem tax or issue bonds
115	115	payable from ad valorem taxes.
116	116	Sec. 8444.152. OPERATION AND MAINTENANCE TAX. (a) If
117	117	authorized at an election held under Section 8444.151, the district
118	118	may impose an operation and maintenance tax on taxable property in
119	119	the district in accordance with Section 49.107, Water Code.
120	120	(b) The board shall determine the tax rate. The rate may not
121	121	exceed the rate approved at the election.
122	122	Sec. 8444.153. CONTRACT TAXES. (a) In accordance with
123	123	Section 49.108, Water Code, the district may impose a tax other than
124	124	an operation and maintenance tax and use the revenue derived from
125	125	the tax to make payments under a contract after the provisions of
126	126	the contract have been approved by a majority of the district voters
127	127	voting at an election held for that purpose.
128	128	(b) A contract approved by the district voters may contain a
129	129	provision stating that the contract may be modified or amended by
130	130	the board without further voter approval.
131	131	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
132	132	Sec. 8444.201. AUTHORITY TO ISSUE BONDS AND OTHER
133	133	OBLIGATIONS. The district may issue bonds or other obligations
134	134	payable wholly or partly from ad valorem taxes, impact fees,
135	135	revenue, contract payments, grants, or other district money, or any
136	136	combination of those sources, to pay for any authorized district
137	137	purpose.
138	138	Sec. 8444.202. TAXES FOR BONDS. At the time the district
139	139	issues bonds payable wholly or partly from ad valorem taxes, the
140	140	board shall provide for the annual imposition of a continuing
141	141	direct ad valorem tax, without limit as to rate or amount, while all
142	142	or part of the bonds are outstanding as required and in the manner
143	143	provided by Sections 54.601 and 54.602, Water Code.
144	144	SECTION 2. The Harris County Municipal Utility District No.
145	145	529 initially includes all the territory contained in the following
146	146	area:
147	147	TRACT 1
148	148	BEING a 54.22 acre tract of land situated in the Joel Wheaton
149	149	Survey, A-80, City of Houston, Harris County, Texas, being out of
150	150	Lot 3 of Bringhurst Subdivision an unrecorded subdivision and being
151	151	all or part of the following ten (10) tracts of land: a called
152	152	18.4965 acre tract described and recorded under Harris County
153	153	Clerk's File Number (H.C.C.F. No.) V502562, a called 2.9313 acre
154	154	tract described and recorded under H.C.C.F. No. Z195460, a called
155	155	2.9228 acre tract described and recorded under H.C.C.F. No.
156	156	Z162927, a called 3.5932 acre tract described as Tract 1, a called
157	157	3.000 acre tract described as Tract 2, a called 4.0403 acre tract
158	158	described as Tract 4 all three recorded under H.C.C.F. No. Z167404,
159	159	a called 8.211 acre tract described and recorded under H.C.C.F. No.
160	160	Z023414, a called 3.4341 acre tract described and recorded under
161	161	H.C.C.F. No. V374135, a called 8.2113 acre tract described and
162	162	recorded under H.C.C.F. No. Y751625 and a called 3.4341 acre tract
163	163	described and recorded under H.C.C.F. No. Z023415, said 54.22 acre
164	164	tract being more particularly described by metes and bounds as
165	165	follows;
166	166	BEGINNING at a 3/4-inch iron pipe found for the southwest
167	167	corner of said 18.4965 acre tract and the southeast corner of a
168	168	called 21.8525 acre tract described and recorded under H.C.C.F. No.
169	169	20110402697 and being in the northern right-of-way line of
170	170	Westheimer Road (120-foot wide) as shown on the plat recorded in
171	171	Volume 331, Page 4 of the Harris County Map Records (H.C.M.R.)
172	172	THENCE, N 01° 42' 00" W, a distance of 2,092.45 feet (Called
173	173	SOUTH 2092.35 feet per H.C.C.F. No. V502562) along the line common
174	174	to said 18.4965 acre tract and said 21.8525 acre tract to a 3/4-inch
175	175	iron rod found for the most southerly southwest corner of LAKES OF
176	176	PARKWAY SEC. 17 as shown on the plat recorded at Film Code No.
177	177	563202 of the H.C.M.R. and being the northwest corner of the herein
178	178	described tract;
179	179	THENCE, N 87° 24' 19" E, a distance of 502.67 feet (Called S
180	180	89°05'17" W 502.62 feet per H.C.C.F. No. V502562) along the line
181	181	common to said 18.4965 acre tract and said LAKES OF PARKWAY SEC. 17
182	182	and LAKES OF PARKWAY SEC. 14 as shown on the plat recorded at Film
183	183	Code No. 540188 of the H.C.M.R. to a 1/2-inch iron pipe with cap
184	184	stamped BROWN & GAY set for the northeast corner of said 18.4965
185	185	acre tract and being in the west line of said called 8.2113 acre
186	186	tract described and recorded under H.C.C.F. No. Y751625;
187	187	THENCE, N 02° 05' 46" W, a distance of 515.73 feet (Called N
188	188	00°05'15" E per H.C.C.F. No. Y751625) along the line common to said
189	189	8.2113 acre tract and said LAKES OF PARKWAY SEC. 14 to a 5/8-inch
190	190	iron rod found for the southwest corner of SAN BRISAS APARTMENTS
191	191	REPLAT NO. 1 as shown on the plat recorded at Film Code No. 571150 of
192	192	the H.C.M.R.;
193	193	THENCE, N 87° 55' 42" E, a distance of 448.11 feet (Called S
194	194	89°53'17" E 448.11 feet per H.C.C.F. No. Y751625) along the line
195	195	common to said 8.2113 acre tract and said SAN BRISAS APARTMENTS
196	196	REPLAT NO. 1 to a 5/8-inch iron rod found for corner and being in the
197	197	west line of said called 3.4341 acre tract described and recorded
198	198	under H.C.C.F. No. Z023415;
199	199	THENCE, N 02° 04' 17" W, a distance of 136.30 feet along the
200	200	line common to said 3.4341 acre tract and said SAN BRISAS APARTMENTS
201	201	REPLAT NO. 1 to a 5/8-inch iron rod with cap stamped EHRA
202	202	713-784-4500 found for the southwest corner of a called 1.0000 acre
203	203	tract described and recorded under H.C.C.F. No. U668014 and the
204	204	northwest corner of said 3.4341 acre tract;
205	205	THENCE, N 87° 29' 27" E, a distance of 520.39 feet (Called N
206	206	89°42'32" E 520.60 feet per H.C.C.F. No. Z023415) along the line
207	207	common to said 3.4341 acre tract and said 1.0000 acre tract to a
208	208	5/8-inch iron rod with cap stamped EHRA 713-784-4500 found for the
209	209	common eastern corners of said tracts and being in the west line of
210	210	RORICK PLACE as shown on the plat recorded at Film Code No. 468117
211	211	of the H.C.M.R.;
212	212	THENCE, S 02° 07' 56" E, a distance of 287.70 feet (Called S
213	213	00°02'40" W 287.26 feet per H.C.C.F. No. Z023415) along the line
214	214	common to said 3.4341 acre tract and said RORICK PLACE and ELDRIDGE
215	215	LAND, LLC as shown on the plat recorded at Film Code No. 456014 of
216	216	the H.C.M.R. to a 5/8-inch iron rod found for the southeast corner
217	217	of said 3.4341 acre tract and being in the north line of ELDRIDGE
218	218	APARTMENTS as shown on the plat recorded at Film Code No. 522292 of
219	219	the H.C.M.R.;
220	220	THENCE, S 87° 32' 02" W, a distance of 520.69 feet (Called S
221	221	89°42'32" W 520.93 feet per H.C.C.F. No. Z023415) along the line
222	222	common to said 3.4341 acre tract and said ELDRIDGE APARTMENTS to a
223	223	1/2-inch iron pipe with cap stamped BROWN & GAY set for an interior
224	224	ell corner of the herein described tract and being in the east line
225	225	of the afore mentioned 8.2113 acre tract;
226	226	THENCE, S 02° 04' 17" E, a distance of 573.71 feet (Called S
227	227	00°06'43" W per H.C.C.F. No. Y751625) along the line common to said
228	228	8.2113 acre tract and said ELDRIDGE APARTMENTS to a Nail with shiner
229	229	found for the northwest corner of said 3.4341 acre tract described
230	230	and recorded under H.C.C.F. No. V374135;
231	231	THENCE, N 87° 32' 02" E, a distance of 521.29 feet (Called N
232	232	89°42'32" E 521.61 feet per H.C.C.F. No. V374135) along the line
233	233	common to said 3.4341 acre tract and said ELDRIDGE APARTMENTS to a
234	234	1/2-inch iron rod found for the northeast corner of said 3.4341 acre
235	235	tract and being in the west line of Rincon Drive (60-foot wide) as
236	236	shown on the plat recorded at Film Code No. 408056 of the H.C.M.R.;
237	237	THENCE, S 02° 07' 48" E, a distance of 286.10 feet (Called S
238	238	00°02'40" W 286.70 feet per H.C.C.F. No. V374135) along the east
239	239	line of said 3.4341 acre tract and the west line of said Rincon
240	240	Drive and the west line of CONCIERGE CARE PARTIAL REPLAT as shown on
241	241	the plat recorded at Film Code No. 421008 of the H.C.M.R. to a
242	242	5/8-inch iron rod found for the northeast corner of a called 3.4341
243	243	acre tract described and recorded under H.C.C.F. No. X753041;
244	244	THENCE, S 87° 31' 32" W, a distance of 521.58 feet (Called S
245	245	89°42'32" W 521.95 feet per H.C.C.F. No. V374135) along the line
246	246	common to the two said 3.4341 acre tracts to a 1/2-inch iron pipe
247	247	with cap stamped BROWN & GAY set for the west corner common to said
248	248	3.4341 acre tracts and being in the east line of said called 8.211
249	249	acre tract described and recorded under H.C.C.F. No. Z023414;
250	250	THENCE, S 02° 04' 17" E, a distance of 579.26 feet (Called S
251	251	00°06'43" W per H.C.C.F. No. Z023414) along the line common to said
252	252	8.211 acre tract and said 3.4341 acre tract and a called 3.433 acre
253	253	tract to a 1/2-inch iron pipe with cap stamped BROWN & GAY set for
254	254	the southeast corner of said 8.211 acre tract and being in the north
255	255	line of said called 4.0403 acre tract described and recorded under
256	256	H.C.C.F. No. Z167404;
257	257	THENCE, S 04° 05' 23" E, a distance of 27.97 feet to a MAG Nail
258	258	in asphalt road found for the northwest corner of a called 3.59 acre
259	259	tract described and recorded under H.C.C.F. No. 20100549644;
260	260	THENCE, S 01° 59' 03" E, a distance of 330.00 feet (Called S
261	261	00°41'03" W 330.01 feet per H.C.C.F. No. Z167404) along the line
262	262	common to said 3.59 acre tract and said 4.0403 acre tract to a MAG
263	263	Nail found in asphalt road for the southwest corner of said 3.59
264	264	acre tract and southeast corner of said 4.0403 acre tract;
265	265	THENCE, S 87° 25' 08" W, a distance of 20.00 feet to a 5/8-inch
266	266	iron rod with cap stamped BENCHMARK ENGR. found for the northeast
267	267	corner of said 3.000 acre tract;
268	268	THENCE, S 01° 59' 03" E, a distance of 305.61 feet (Called S
269	269	00°41'03" W 305.62 feet per H.C.C.F. No. Z167404) along the east
270	270	line of said 3.000 acre tract to 1/2-inch iron pipe with cap stamped
271	271	BROWN & GAY set for the southeast corner of said 3.000 acre tract;
272	272	THENCE, N 87° 25' 08" E, a distance of 20.00 feet to a MAG Nail
273	273	found in asphalt road for the northeast corner of said 3.5932 acre
274	274	tract;
275	275	THENCE, S 01° 59' 03" E, a distance of 101.16 feet (Called S
276	276	00° 41' 03" W, per H.C.C.F. No. Z167404) along the line common to
277	277	said 3.5932 acre tract and a called 2.8470 acre tract described as
278	278	Tract III and a called 0.7462 acre tract described as Tract II, both
279	279	recorded under H.C.C.F. No. 20090486602 to a 1/2-inch iron pipe
280	280	with cap stamped BROWN & GAY set for the southeast corner of the
281	281	herein described tract;
282	282	THENCE, S 87° 27' 48" W, a distance of 659.02 feet over and
283	283	across said 3.5932 acre tract and said 2.9228 acre tract to a
284	284	1/2-inch iron pipe with cap stamped BROWN & GAY set for corner;
285	285	THENCE, S 02° 21' 27" E, a distance of 250.00 feet (Called N
286	286	00° 30' 35" E, per H.C.C.F. No. Z162927) to a 5/8-inch iron rod found
287	287	for the southwest corner of said 2.9228 acre tract and the southeast
288	288	corner of a called 2.9313 acre tract described and recorded under
289	289	H.C.C.F. No. Z195460 and being in the northern right-of-way line of
290	290	said Westheimer Road;
291	291	THENCE, S 87° 27' 48" W, a distance of 306.23 feet (Called N
292	292	89°11'42" E per H.C.C.F. No. V502562) along the northern
293	293	right-of-way line of said Westheimer Road to the POINT OF BEGINNING
294	294	and containing 54.22 acres of land.
295	295	TRACT 2
296	296	A METES AND BOUNDS description of a certain 38.83 acre tract
297	297	of land situated in the Joel Wheaton Survey, Abstract No. 80 in
298	298	Harris County, Texas; being a portion of a called 67.8 acre tract
299	299	conveyed to The Restelle Company by Instruments recorded in Clerks
300	300	File Nos G898468 and G898470, both of the Harris County Official
301	301	Public Records of Real Property; said 38.83 acre tract being more
302	302	particularly described as follows with all bearings being based on
303	303	the Texas Coordinate System, South Central Zone, NAD 83:
304	304	BEGINNING at a 5/8-inch iron rod found being the southeast
305	305	corner of Westheimer At Eldridge Center recorded in Film Code No.
306	306	388053, Harris County Map Records, also being in the north
307	307	right-of-way of Westheimer Road (based on a width of 120 feet);
308	308	THENCE, North 01°58'37" West, 3017.39 feet to a 5/8-inch iron
309	309	rod (with cap stamped "Cotton Surveying") set being in the east line
310	310	of Replat Parkway Plaza Section Two recorded in Film Code No.
311	311	355131, Harris County Map Records;
312	312	THENCE, North 88°01'23" East, 855.00 feet over and across said
313	313	67.8 acre tract to a 5/8-inch iron rod (with cap stamped "Cotton
314	314	Surveying") set being in the west line of Gentryside Townhomes
315	315	recorded in Film Code No. 515264, Harris County Map Records;
316	316	THENCE, South 01°44'06" East, 851.35 feet to a 5/8-inch iron
317	317	rod (with cap stamped "Cotton Surveying") set being the southwest
318	318	corner of Lot 8, Block 6, out of Reflections Section 1 recorded in
319	319	Volume 293, Page 102, Harris County Map Records;
320	320	THENCE, South 87°23'56" West, 399.90 feet to a 5/8-inch iron
321	321	rod (with cap stamped "Cotton Surveying") set being the northwest
322	322	corner of Lot 1, Block 6 out of said Reflections Section 1;
323	323	THENCE, South 01°39'27" East, 2157.43 feet to a 5/8-inch iron
324	324	rod (with cap stamped "Cotton Surveying") set being the southwest
325	325	corner of Reserve "A" out of said Reflections Section 1, also being
326	326	in the aforementioned north right-of-way;
327	327	THENCE, South 87°27'49" West, 439.52 feet to the POINT OF
328	328	BEGINNING, CONTAINING 38.83 acres of land in Harris County, Texas
329	329	as shown on Drawing No. 7859 (OS) A in the office of Cotton
330	330	Surveying Company in Houston, Texas.
331	331	SECTION 3. (a) The legal notice of the intention to
332	332	introduce this Act, setting forth the general substance of this
333	333	Act, has been published as provided by law, and the notice and a
334	334	copy of this Act have been furnished to all persons, agencies,
335	335	officials, or entities to which they are required to be furnished
336	336	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
337	337	Government Code.
338	338	(b) The governor, one of the required recipients, has
339	339	submitted the notice and Act to the Texas Commission on
340	340	Environmental Quality.
341	341	(c) The Texas Commission on Environmental Quality has filed
342	342	its recommendations relating to this Act with the governor, the
343	343	lieutenant governor, and the speaker of the house of
344	344	representatives within the required time.
345	345	(d) All requirements of the constitution and laws of this
346	346	state and the rules and procedures of the legislature with respect
347	347	to the notice, introduction, and passage of this Act are fulfilled
348	348	and accomplished.
349	349	SECTION 4. (a) If this Act does not receive a two-thirds
350	350	vote of all the members elected to each house, Subchapter C, Chapter
351	351	8444, Special District Local Laws Code, as added by Section 1 of
352	352	this Act, is amended by adding Section 8444.104 to read as follows:
353	353	Sec. 8444.104. NO EMINENT DOMAIN POWER. The district may
354	354	not exercise the power of eminent domain.
355	355	(b) This section is not intended to be an expression of a
356	356	legislative interpretation of the requirements of Section 17(c),
357	357	Article I, Texas Constitution.
358	358	SECTION 5. This Act takes effect immediately if it receives
359	359	a vote of two-thirds of all the members elected to each house, as
360	360	provided by Section 39, Article III, Texas Constitution. If this
361	361	Act does not receive the vote necessary for immediate effect, this
362	362	Act takes effect September 1, 2013.
363	363	* * * * *