Texas 2013 - 83rd Regular

Texas Senate Bill SB1072 Compare Versions

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1	1	By: Hegar S.B. No. 1072
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. 533; granting a limited power of eminent domain;
8	8	providing authority to issue bonds.
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 8453 to read as follows:
12	12	CHAPTER 8453. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 533
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 8453.001. 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. 533.
21	21	Sec. 8453.002. 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. 8453.003. 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. 8453.004. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section 8453.003
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. 8453.005. 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. 8453.006. 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. 8453.051. 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 8453.052, directors serve
60	60	staggered four-year terms.
61	61	Sec. 8453.052. 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 8453.003; 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 8453.003 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 8453.003; 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. 8453.101. 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. 8453.102. 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. 8453.103. 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. 8453.104. 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, zoning and
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. 8453.105. 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. 8453.151. 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 8453.153.
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. 8453.152. OPERATION AND MAINTENANCE TAX. (a) If
138	138	authorized at an election held under Section 8453.151, 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. 8453.153. 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. 8453.201. 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. 8453.202. 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. 8453.203. 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	533 initially includes all the territory contained in the following
172	172	area:
173	173	BEING a 469.8048 acre tract of land situated the J.E.
174	174	Cabaniss Survey, Abstract 1470 which is out of Section 70, Block 2
175	175	of the H. & T. C.R.R. Company Survey, Section 57, Block 2 of the H. &
176	176	T. C.R.R. Company Survey, Abstract 443, Harris County, Texas and
177	177	being the remainder of a called 400 acre tract of land described in
178	178	an instrument to Jesse L. Freeman filed for record under Volume
179	179	1212, Page 482 of the Harris County Deed Records, the remainder of a
180	180	called 328.97 acre tract of land described in instruments filed for
181	181	record under Harris County Clerk's File Number (H.C.C.F. No.)
182	182	U390810 and X913891, and all of a called 1.0 acre tract of land
183	183	described in an instrument to Harold L. Freeman and wife, Lynell
184	184	Freeman filed for record under H.C.C.F. No. J087863, said 469.8048
185	185	acre tract of land being more particularly described by metes and
186	186	bounds as follows:
187	187	BEGINNING at a railroad spike in asphalt found in the
188	188	centerline of Katy-Hockley Cut-Off Road (60-foot width) and
189	189	Longenbaugh Road (60-foot width) for the Northeast corner of
190	190	Section 69, Block 2 of the H. & T.C.R.R. Company Survey, Abstract
191	191	No. 459 , same being the Southwest corner of said Section 57, Block
192	192	2 of the H. & T.C.R.R. Company Survey, Abstract No. 443, the
193	193	Northwest corner of Section 58, Block 2 of the H.& T. C. R.R.
194	194	Company Survey (George Spencer Survey), Abstract No. 1368 and the
195	195	Southeast corner of said J.E. Cabaniss Survey, Abstract No. 1470;
196	196	THENCE, S 87° 54' 21" W, a distance of 2,643.72 along and with
197	197	the South line of said 400 acres, the South line of said J.E.
198	198	Cabaniss Survey, Abstract No. 1470 and the North line of the
199	199	Northeast 1/4 of said Section 69 to a point for corner being
200	200	Northwest corner of the Northeast 1/4 of said Section 69, same being
201	201	the Northeast corner of a called 158.167 acre tract of land
202	202	described in an instrument filed for record under H.C.C.F. No.
203	203	20110061749, the most Southerly Southwest corner of said J.E.
204	204	Cabaniss Survey, Abstract No. 1470, the Southeast corner of a
205	205	called 75.308 acre tract of land described in an instrument filed
206	206	for record under H.C.C.F. No. T291060, the Southeast corner of the
207	207	G.H. Holley Survey, Abstract 1480 and the Southwest corner of said
208	208	400 acre tract;
209	209	THENCE, N 02° 03' 53" W, along and with the West line of said
210	210	400 acre tract, at a distance of 1,322.59 feet pass the Northeast
211	211	corner of said 75.308 acre tract and the Southeast corner of a
212	212	called 53.142 acre tract of land described in an instrument filed
213	213	for record under H.C.C.F. No. X139859, and continuing for a total
214	214	distance of 1,535.40 feet to a 5/8-inch iron rod with cap stamped
215	215	"JNS Engineers" found for the Southwest corner of a called 1.401
216	216	acre tract of land described in an instrument to Harris County filed
217	217	for record under H.C.C.F. No. X290296;
218	218	THENCE N 87° 56' 07" E, a distance of 55.00 feet along the
219	219	South line of said 1.401 acre tract to a 5/8-inch iron rod with cap
220	220	stamped "JNS Engineers" found for the Southeast corner of said
221	221	1.401 acre tract;
222	222	THENCE, N 02° 03' 53" W, a distance of 1,109.97 feet along the
223	223	East line of said 1.401 acre tract to a 5/8-inch iron rod with cap
224	224	stamped "JNS Engineers" found for the Northeast corner of said
225	225	1.401 acre tract and being in the South line of a called 215.658
226	226	acre tract of land described in an instrument to Harris County filed
227	227	for record under H.C.C.F. No. W075836, same being the Northwest
228	228	corner of the remainder of said 400 acre tract;
229	229	THENCE, N 87° 59' 43" E, along and with the South line of said
230	230	215.658 acre tract and the North line of the remainder of said
231	231	400-acre tract, at a distance of 2,556.81 feet pass the West
232	232	right-of-way line of said Katy-Hockley Cut-Off Road (60-foot width)
233	233	and continuing for a total distance of 2,586.81 feet to a point for
234	234	corner in the centerline of said Katy-Hockley Cut-Off Road, same
235	235	also being in the West line of said Section 57 and the West line of
236	236	said 328.97 acre tract;
237	237	THENCE, N 02° 06' 22" W, a distance of 1,326.01 feet along and
238	238	with the centerline of said Katy-Hockley Cut-Off Road, the West
239	239	line of said Section 57, the West line of said 328.97 acre tract and
240	240	the East line of said J.E. Cabaniss Survey to a point for the
241	241	Northwest corner of said 328.97 acre tract and the most Westerly
242	242	Southwest corner of a called 50.000 acre tract of land described in
243	243	an instrument to Felix Jegede filed for record under H.C.C.F. No.
244	244	20060183947;
245	245	THENCE, N 89° 28' 02" E, along and with a South line of said
246	246	50.000 acre tract and the North line of said 328.97 acre tract, at a
247	247	distance of 30.00 feet pass a 3/4-inch iron pipe found in the East
248	248	right-of-way line of said Katy-Hockley Cut-Off Road and continuing
249	249	for a total distance of 2,636.64 feet to a 1/2-inch iron rod found
250	250	the most Northerly Northeast corner of said 328.97 acre tract and a
251	251	reentrant corner of said 50.000 acre tract;
252	252	THENCE, S 02° 19' 14" E, a distance of 1,320.59 feet along and
253	253	with an East line of said 328.97 acre tract and a West line of said
254	254	50.000 acre tract to a 1/2-inch iron rod found for a Southwest
255	255	corner of said 50.000 acre tract and a reentrant corner of said
256	256	328.97 acre tract;
257	257	THENCE, N 88° 28' 35" E, a distance of 1,271.46 feet along and
258	258	with a North line of said 328.97 acre tract and a South line of said
259	259	50.000 acre tract to a 2-inch iron pipe found for the Northwest
260	260	corner of a called 55.557 acre tract of land described in an
261	261	instrument to Poarch/Swinbank Limited Partnership filed for record
262	262	under H.C.C.F. No. Z064160, same being the most Easterly Northeast
263	263	corner of the herein described tract;
264	264	THENCE, S 02° 05' 40" E, a distance of 1,475.48 feet along and
265	265	with the East line of said 328.97 acre tract and the West line of
266	266	said 55.557 acre tract to a 2-inch iron pipe found for the Southwest
267	267	corner of said 55.557 acre tract and the Northwest corner of a
268	268	called 9.316 acre tract of land described in an instrument to Rose
269	269	E. Price and David A. Price filed for record under H.C.C.F. No.
270	270	X561406;
271	271	THENCE, S 07° 16' 57" W, along and with the West line of said
272	272	9.316 acre tract, at a distance of 1,068.19 pass the North
273	273	right-of-way line of said Longenbaugh Road (60-foot width) and
274	274	continuing for a total distance of 1,098.60 feet to a cotton spindle
275	275	found in the centerline of said Longenbaugh Road for the Southwest
276	276	corner of said 9.316 acre tract, same being in the South line of
277	277	said Section 57 and the North line of said Section 58;
278	278	THENCE, S 87° 51' 45" W, a distance of 3,732.47 feet along and
279	279	with the centerline of said Longenbaugh Road, the South line of
280	280	said Section 57 and the North line of said Section 58 to the POINT OF
281	281	BEGINNING and containing 469.8048 acres of land.
282	282	SECTION 3. (a) The legal notice of the intention to
283	283	introduce this Act, setting forth the general substance of this
284	284	Act, has been published as provided by law, and the notice and a
285	285	copy of this Act have been furnished to all persons, agencies,
286	286	officials, or entities to which they are required to be furnished
287	287	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
288	288	Government Code.
289	289	(b) The governor, one of the required recipients, has
290	290	submitted the notice and Act to the Texas Commission on
291	291	Environmental Quality.
292	292	(c) The Texas Commission on Environmental Quality has filed
293	293	its recommendations relating to this Act with the governor, the
294	294	lieutenant governor, and the speaker of the house of
295	295	representatives within the required time.
296	296	(d) All requirements of the constitution and laws of this
297	297	state and the rules and procedures of the legislature with respect
298	298	to the notice, introduction, and passage of this Act are fulfilled
299	299	and accomplished.
300	300	SECTION 4. (a) If this Act does not receive a two-thirds
301	301	vote of all the members elected to each house, Subchapter C, Chapter
302	302	8453, Special District Local Laws Code, as added by Section 1 of
303	303	this Act, is amended by adding Section 8453.106 to read as follows:
304	304	Sec. 8453.106. NO EMINENT DOMAIN POWER. The district may
305	305	not exercise the power of eminent domain.
306	306	(b) This section is not intended to be an expression of a
307	307	legislative interpretation of the requirements of Subsection (c),
308	308	Section 17, Article I, Texas Constitution.
309	309	SECTION 5. This Act takes effect immediately if it receives
310	310	a vote of two-thirds of all the members elected to each house, as
311	311	provided by Section 39, Article III, Texas Constitution. If this
312	312	Act does not receive the vote necessary for immediate effect, this
313	313	Act takes effect September 1, 2013.