Texas 2013 - 83rd Regular

Texas Senate Bill SB1071 Compare Versions

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1	1	By: Hegar S.B. No. 1071
2	2	(Murphy)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the Harris County Municipal Utility
7	7	District No. 532; providing authority to impose a tax and issue
8	8	bonds; granting a limited power of eminent domain.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 8443 to read as follows:
12	12	CHAPTER 8443. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 532
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 8443.001. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "Commission" means the Texas Commission on
17	17	Environmental Quality.
18	18	(3) "Director" means a board member.
19	19	(4) "District" means the Harris County Municipal
20	20	Utility District No. 532.
21	21	Sec. 8443.002. NATURE OF DISTRICT. The district is a
22	22	municipal utility district created under Section 59, Article XVI,
23	23	Texas Constitution.
24	24	Sec. 8443.003. CONFIRMATION AND DIRECTORS' ELECTION
25	25	REQUIRED. The temporary directors shall hold an election to
26	26	confirm the creation of the district and to elect five permanent
27	27	directors as provided by Section 49.102, Water Code.
28	28	Sec. 8443.004. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section 8443.003
30	30	until each municipality in whose corporate limits or
31	31	extraterritorial jurisdiction the district is located has
32	32	consented by ordinance or resolution to the creation of the
33	33	district and to the inclusion of land in the district.
34	34	Sec. 8443.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	35	(a) The district is created to serve a public purpose and benefit.
36	36	(b) The district is created to accomplish the purposes of:
37	37	(1) a municipal utility district as provided by
38	38	general law and Section 59, Article XVI, Texas Constitution; and
39	39	(2) Section 52, Article III, Texas Constitution, that
40	40	relate to the construction, acquisition, improvement, operation,
41	41	or maintenance of macadamized, graveled, or paved roads, or
42	42	improvements, including storm drainage, in aid of those roads.
43	43	Sec. 8443.006. INITIAL DISTRICT TERRITORY. (a) The
44	44	district is initially composed of the territory described by
45	45	Section 2 of the Act enacting this chapter.
46	46	(b) The boundaries and field notes contained in Section 2 of
47	47	the Act enacting 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	SUBCHAPTER B. BOARD OF DIRECTORS
57	57	Sec. 8443.051. GOVERNING BODY; TERMS. (a) The district is
58	58	governed by a board of five elected directors.
59	59	(b) Except as provided by Section 8443.052, directors serve
60	60	staggered four-year terms.
61	61	Sec. 8443.052. TEMPORARY DIRECTORS. (a) On or after the
62	62	effective date of the Act enacting this chapter, the owner or owners
63	63	of a majority of the assessed value of the real property in the
64	64	district may submit a petition to the commission requesting that
65	65	the commission appoint as temporary directors the five persons
66	66	named in the petition. The commission shall appoint as temporary
67	67	directors the five persons 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 8443.003; or
71	71	(2) the fourth anniversary of the effective date of
72	72	the Act enacting this chapter.
73	73	(c) If permanent directors have not been elected under
74	74	Section 8443.003 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 8443.003; 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 commission requesting that the
85	85	commission appoint as successor temporary directors the five
86	86	persons named in the petition. The commission shall appoint as
87	87	successor temporary directors the five persons named in the
88	88	petition.
89	89	SUBCHAPTER C. POWERS AND DUTIES
90	90	Sec. 8443.101. GENERAL POWERS AND DUTIES. The district has
91	91	the powers and duties necessary to accomplish the purposes for
92	92	which the district is created.
93	93	Sec. 8443.102. MUNICIPAL UTILITY DISTRICT POWERS AND
94	94	DUTIES. The district has the powers and duties provided by the
95	95	general law of this state, including Chapters 49 and 54, Water Code,
96	96	applicable to municipal utility districts created under Section 59,
97	97	Article XVI, Texas Constitution.
98	98	Sec. 8443.103. AUTHORITY FOR ROAD PROJECTS. Under Section
99	99	52, Article III, Texas Constitution, the district may design,
100	100	acquire, construct, finance, issue bonds for, improve, operate,
101	101	maintain, and convey to this state, a county, or a municipality for
102	102	operation and maintenance macadamized, graveled, or paved roads, or
103	103	improvements, including storm drainage, in aid of those roads.
104	104	Sec. 8443.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	105	road project must meet all applicable construction standards,
106	106	zoning and subdivision requirements, and regulations of each
107	107	municipality in whose corporate limits or extraterritorial
108	108	jurisdiction the road project is located.
109	109	(b) If a road project is not located in the corporate limits
110	110	or extraterritorial jurisdiction of a municipality, the road
111	111	project must meet all applicable construction standards,
112	112	subdivision requirements, and regulations of each county in which
113	113	the road project is located.
114	114	(c) If the state will maintain and operate the road, the
115	115	Texas Transportation Commission must approve the plans and
116	116	specifications of the road project.
117	117	Sec. 8443.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
118	118	OR RESOLUTION. The district shall comply with all applicable
119	119	requirements of any ordinance or resolution that is adopted under
120	120	Section 54.016 or 54.0165, Water Code, and that consents to the
121	121	creation of the district or to the inclusion of land in the
122	122	district.
123	123	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
124	124	Sec. 8443.151. ELECTIONS REGARDING TAXES OR BONDS.
125	125	(a) The district may issue, without an election, bonds and other
126	126	obligations secured by:
127	127	(1) revenue other than ad valorem taxes; or
128	128	(2) contract payments described by Section 8443.153.
129	129	(b) The district must hold an election in the manner
130	130	provided by Chapters 49 and 54, Water Code, to obtain voter approval
131	131	before the district may impose an ad valorem tax or issue bonds
132	132	payable from ad valorem taxes.
133	133	(c) The district may not issue bonds payable from ad valorem
134	134	taxes to finance a road project unless the issuance is approved by a
135	135	vote of a two-thirds majority of the district voters voting at an
136	136	election held for that purpose.
137	137	Sec. 8443.152. OPERATION AND MAINTENANCE TAX. (a) If
138	138	authorized at an election held under Section 8443.151, the district
139	139	may impose an operation and maintenance tax on taxable property in
140	140	the district in accordance with Section 49.107, Water Code.
141	141	(b) The board shall determine the tax rate. The rate may not
142	142	exceed the rate approved at the election.
143	143	Sec. 8443.153. CONTRACT TAXES. (a) In accordance with
144	144	Section 49.108, Water Code, the district may impose a tax other than
145	145	an operation and maintenance tax and use the revenue derived from
146	146	the tax to make payments under a contract after the provisions of
147	147	the contract have been approved by a majority of the district voters
148	148	voting at an election held for that purpose.
149	149	(b) A contract approved by the district voters may contain a
150	150	provision stating that the contract may be modified or amended by
151	151	the board without further voter approval.
152	152	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
153	153	Sec. 8443.201. AUTHORITY TO ISSUE BONDS AND OTHER
154	154	OBLIGATIONS. The district may issue bonds or other obligations
155	155	payable wholly or partly from ad valorem taxes, impact fees,
156	156	revenue, contract payments, grants, or other district money, or any
157	157	combination of those sources, to pay for any authorized district
158	158	purpose.
159	159	Sec. 8443.202. TAXES FOR BONDS. At the time the district
160	160	issues bonds payable wholly or partly from ad valorem taxes, the
161	161	board shall provide for the annual imposition of a continuing
162	162	direct ad valorem tax, without limit as to rate or amount, while all
163	163	or part of the bonds are outstanding as required and in the manner
164	164	provided by Sections 54.601 and 54.602, Water Code.
165	165	Sec. 8443.203. BONDS FOR ROAD PROJECTS. At the time of
166	166	issuance, the total principal amount of bonds or other obligations
167	167	issued or incurred to finance road projects and payable from ad
168	168	valorem taxes may not exceed one-fourth of the assessed value of the
169	169	real property in the district.
170	170	SECTION 2. The Harris County Municipal Utility District No.
171	171	532 initially includes all the territory contained in the following
172	172	area:
173	173	BEING a 473.9311 acre tract of land situated in Section 69,
174	174	Block 2 of the H. & T.C.R.R. Company Survey, Abstract No. 459 of
175	175	Harris County, Texas, being all of the Northeast 1/4 and a portion
176	176	of the Southeast and Southwest 1/4 of said Section 69, same also
177	177	being all of those certain tracts of land described in an instrument
178	178	to Lynell Freeman, Trustee of the Freeman Family Trust recorded
179	179	under Harris County Clerk's File Number (H.C.C.F. No.) U390809 and
180	180	U390807, excluding the portion of said tracts lying within the
181	181	right-of-way of Farm-to-Market Road 529, said 473.9311 acre tract
182	182	of land being more particularly described by metes and bounds as
183	183	follows:
184	184	BEGINNING at a railroad spike in asphalt found in the
185	185	centerline of Katy-Hockley Cut-Off Road (60-foot width) and
186	186	Longenbaugh Road (60-foot width) for the Northeast corner of said
187	187	Section 69, same being the Southwest corner of Section 57, Block 2
188	188	of the H. & T.C.R.R. Company Survey, Abstract No. 443, the Northwest
189	189	corner of Section 58, Block 2 of the H.& T. C. R.R. Company Survey
190	190	(George Spencer Survey), Abstract No. 1368, the Southeast corner of
191	191	Section 70, Block 2 of the H. & T.C.R.R. Company Survey and the
192	192	Southeast corner of the J.E. Cabaniss Survey, Abstract No. 1470
193	193	which is out of said Section 70;
194	194	THENCE, S 02° 06' 22" E, a distance of 5,128.30 feet along the
195	195	centerline of said Katy-Hockley Cut-Off, the East line of said
196	196	Section 69 and the West line of said Section 58 to a point for
197	197	corner;
198	198	THENCE, S 87° 53' 38" W, a distance of 30.00 feet to a point
199	199	for corner in the North right-of-way line of Farm-to-Market Road
200	200	529 (H.C.C.F. No. C351486 & C261186) and from which a found 4"x4"
201	201	concrete monument bears N 43° 07' E, 1.27 feet;
202	202	THENCE, S 43° 07' 01" W, a distance of 133.21 feet along the
203	203	Northwest cut-back line of the intersection of said Katy-Hockley
204	204	Road and Farm-to-Market Road 529 (120-foot width) to a point for
205	205	corner in the North right-of-way line of said Farm-to-Market Road
206	206	529;
207	207	THENCE, S 87° 53' 30" W, a distance of 5,045.90 feet along the
208	208	North right-of-way line of said Farm-to-Market Road 529 to a 4"x4"
209	209	concrete monument found for the Southeast corner of the Northeast
210	210	cut-back of the intersection of said Farm-to-Market Road 529 and
211	211	Katy-Hockley Road;
212	212	THENCE, N 47° 06' 59" W, a distance of 135.29 feet along the
213	213	Northeast cut-back line of the intersection of said Farm-to-Market
214	214	Road 529 and Katy-Hockley Road to a point for corner in the East
215	215	right-of-way line of said Katy-Hockley Road (60-foot width) and
216	216	from which a found concrete monument bears S 40° 50' E, 3.13 feet;
217	217	THENCE, S 87° 58' 20" W, a distance of 30.00 feet to a point
218	218	for corner in the centerline of said Katy-Hockley Road (60-foot
219	219	width) and being in the West line of said Section 69;
220	220	THENCE, N 02° 01' 40" W, a distance of 2,490.97 feet along the
221	221	West line of said Section 69 and the centerline of said Katy-Hockley
222	222	Road (60-foot width) to a 5/8-inch iron rod found for the Northwest
223	223	corner of the Southwest 1/4 of said Section 69, same being the
224	224	Southwest corner of a called 1.00 acre tract described in an
225	225	instrument filed for record under H.C.C.F. No. D748274;
226	226	THENCE, N 88° 02' 19" E, along the North line of the Southwest
227	227	1/4 of said Section 69, the South line of said 1.00 acre tract and
228	228	the South line of a called 158.167 acre tract described in an
229	229	instrument filed for record under H.C.C.F. No. 20110061749, at
230	230	distance of 30.00 pass the East right-of-way line of said
231	231	Katy-Hockley Road, at a distance of 313.00 feet pass the Southeast
232	232	corner of said 1.0 acre tract and a Southwest corner of said 158.167
233	233	acre tract and continuing for a total distance of 2,645.41 feet to a
234	234	point for the Northeast corner of the Southwest1/4 of said Section
235	235	69, the Southwest corner of the Northeast 1/4 of said Section 69,
236	236	the Northwest corner of the Southeast 1/4 of said Section 69, same
237	237	also being the Southeast corner of said 158.167 acre tract;
238	238	THENCE, N 02° 01' 40" W, a distance of 2,642.89 feet along the
239	239	East line of said 158.167 acre tract and the West line of the
240	240	Northeast 1/4 of said Section 69 to a point for the Northwest corner
241	241	of the Northeast 1/4 of said Section 69, same being the Northeast
242	242	corner of said 158.167 acre tract, the most Southerly Southwest
243	243	corner of said J.E. Cabaniss Survey, Abstract No. 1470, the
244	244	Southeast corner of a called 75.308 acre tract of land described in
245	245	an instrument filed for record under H.C.C.F. No. T291060, the
246	246	Southeast corner of the G.H. Holley Survey, Abstract 1480 and the
247	247	most Southerly Southwest corner of a called 400 acre tract of land
248	248	described in an instrument to Jesse L. Freeman filed for record
249	249	under Volume 1212, Page 482 of the Harris County Deed Records;
250	250	THENCE, N 87° 54' 21" E, a distance of 2,643.72 feet along the
251	251	South line of said 400.00 acres, the South line of said J.E.
252	252	Cabaniss Survey, Abstract No. 1470 and the North line of the
253	253	Northeast 1/4 of said Section 69 to the POINT OF BEGINNING and
254	254	containing 473.911 acres of land.
255	255	SECTION 3. (a) The legal notice of the intention to
256	256	introduce this Act, setting forth the general substance of this
257	257	Act, has been published as provided by law, and the notice and a
258	258	copy of this Act have been furnished to all persons, agencies,
259	259	officials, or entities to which they are required to be furnished
260	260	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
261	261	Government Code.
262	262	(b) The governor, one of the required recipients, has
263	263	submitted the notice and Act to the Texas Commission on
264	264	Environmental Quality.
265	265	(c) The Texas Commission on Environmental Quality has filed
266	266	its recommendations relating to this Act with the governor, the
267	267	lieutenant governor, and the speaker of the house of
268	268	representatives within the required time.
269	269	(d) All requirements of the constitution and laws of this
270	270	state and the rules and procedures of the legislature with respect
271	271	to the notice, introduction, and passage of this Act are fulfilled
272	272	and accomplished.
273	273	SECTION 4. (a) If this Act does not receive a two-thirds
274	274	vote of all the members elected to each house, Subchapter C, Chapter
275	275	8443, Special District Local Laws Code, as added by Section 1 of
276	276	this Act, is amended by adding Section 8443.106 to read as follows:
277	277	Sec. 8443.106. NO EMINENT DOMAIN POWER. The district may
278	278	not exercise the power of eminent domain.
279	279	(b) This section is not intended to be an expression of a
280	280	legislative interpretation of the requirements of Subsection (c),
281	281	Section 17, Article I, Texas Constitution.
282	282	SECTION 5. This Act takes effect immediately if it receives
283	283	a vote of two-thirds of all the members elected to each house, as
284	284	provided by Section 39, Article III, Texas Constitution. If this
285	285	Act does not receive the vote necessary for immediate effect, this
286	286	Act takes effect September 1, 2013.