Texas 2013 - 83rd Regular

Texas Senate Bill SB1073 Compare Versions

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1	1	By: Hegar S.B. No. 1073
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. 534; 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 8438 to read as follows:
12	12	CHAPTER 8438. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 534
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 8438.001. 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. 534.
21	21	Sec. 8438.002. 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. 8438.003. 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. 8438.004. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section 8438.003
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. 8438.005. 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. 8438.006. 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. 8438.051. 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 8438.052, directors serve
60	60	staggered four-year terms.
61	61	Sec. 8438.052. 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 8438.003; 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 8438.003 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 8438.003; 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. 8438.101. 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. 8438.102. 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. 8438.103. 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. 8438.104. 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. 8438.105. 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. 8438.151. 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 8438.153.
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. 8438.152. OPERATION AND MAINTENANCE TAX. (a) If
138	138	authorized at an election held under Section 8438.151, 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. 8438.153. 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. 8438.201. 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. 8438.202. 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. 8438.203. 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	534 initially includes all the territory contained in the following
172	172	area:
173	173	BEING a 559.0006 acre tract of land situated in Section 58,
174	174	Block 2 of the H. & T.C.R.R. Company Survey (George Spencer Survey),
175	175	Abstract No.1368 of Harris County, Texas and being all of a called
176	176	240 acre tract of land described in an instrument to Jesse Freeman
177	177	filed for record under Volume 599, Page 501 of the Harris County
178	178	Deed Records (H.C.D.R.) and a portion of a called 320 acre tract of
179	179	land described in an instrument to Jesse Freeman filed for record
180	180	under Volume 3515, Page 383 H.C.D.R. , said 559.0006 acre tract of
181	181	land being more particularly described by metes and bounds as
182	182	follows:
183	183	BEGINNING at a railroad spike in asphalt found in the
184	184	centerline of Katy-Hockley Cut-Off Road (60-foot width) and
185	185	Longenbaugh Road (60-foot width) for the Northeast corner of said
186	186	Section 69 Block 2 of the H. & T.C.R.R. Company Survey Abstract No.
187	187	459, same being the Southwest corner of Section 57, Block 2 of the
188	188	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 and the Southeast corner
191	191	of the J.E. Cabaniss Survey, Abstract No. 1470 which is out of
192	192	Section 70, Block 2 of the H. & T.C.R.R. Company Survey;
193	193	THENCE, N 87° 51' 45" E, a distance of 5,286.01 feet along and
194	194	with the North line of said Section 58, the North lines of said 240
195	195	acre tract and said 320 acre tract, the South line of said Section
196	196	57 and the centerline of said Longenbaugh Road to a 1/2-inch iron
197	197	rod found in asphalt at the centerline intersection of Longenbaugh
198	198	Road (60-foot width) and Porter Road (60-foot width) same being the
199	199	Northeast corner of said Section 58, the Northeast corner of said
200	200	320 acre tract, the Southeast corner of said Section 57, the
201	201	Northwest corner of Section 49, Block 2 of the H. & T.C.R.R. Company
202	202	Survey Abstract No. 441 and the Southwest corner of the J.R. Garrett
203	203	Survey, Abstract No. 1396;
204	204	THENCE, S 02° 02' 45" E, a distance of 5,145.59 feet along and
205	205	with the East line of said 320 acre tract, the East line of said
206	206	Section 58 and the West line of said Section 49 and the centerline
207	207	of said Porter Road (60-foot width) to a point for corner;
208	208	THENCE, S 87° 57' 15" W, a distance of 30.00 feet to a point
209	209	for corner in the West right-of-way line of said Porter Road and
210	210	being the North end of the Northwest cut-back corner at the
211	211	intersection of Farm-to-Market Road 529 (H.C.C.F. No. C254043) and
212	212	Porter Road;
213	213	THENCE, S 43° 18' 01" W, a distance of 134.45 feet along and
214	214	with the Northwest cut-back at the intersection of Farm-to-Market
215	215	Road 529 and Porter Road to a 4"x4" concrete monument found in the
216	216	North right-of-way line of said Farm-to-Market Road 529 (120-foot
217	217	width) for the South corner of said Northwest cut-back;
218	218	THENCE, S 88° 19' 38" W, a distance of 1,847.77 feet along and
219	219	with the North right-of-way line of said Farm-to-Market Road 529
220	220	(120-foot width) to an angle point;
221	221	THENCE, S 87° 54' 38" W, a distance of 677.08 feet along and
222	222	with the North right-of-way line of said Farm-to-Market Road 529 to
223	223	a point for corner in the West line of said 320 acre tract, same
224	224	being the Southeast corner of a called 72.792 acre tract of land
225	225	described in an instrument to FM 529 Cut Off Ltd filed for record
226	226	under Harris County Clerk's File Number (H.C.C.F. No.) 20070284854
227	227	and from which a 5/8-inch iron rod with cap stamped "Kalkomey
228	228	Surveying" bears S 01°51' 46" E, 0.60 feet;
229	229	THENCE, N 01° 51' 46" W, a distance of 1,223.28 feet along and
230	230	with the East line of said 72.792 acre tract and the West line of
231	231	said 320 acre tract to a 5/8-inch iron rod with cap stamped
232	232	"Kalkomey Surveying" found for the Northeast corner of said 72.792
233	233	acre tract and the Southeast corner of said 240 acre tract;
234	234	THENCE, S 88° 32' 00" W, a distance of 2,635.40 feet along and
235	235	with the North line of said 72.792 acre tract and the South line of
236	236	said 240 acre tract to a point for corner in the centerline of said
237	237	Katy-Hockley Cut-Off Road (60-foot width) being the Southwest
238	238	corner of said 240 acre tract, same being in the West line of said
239	239	Section 58, the East line of said Section 69 and from which a
240	240	5/8-inch iron rod with cap stamped "Kalkomey Surveying" bears N 88°
241	241	32' E, 30.95 feet;
242	242	THENCE, N 02° 06' 22" W, a distance of 3,970.20 feet along and
243	243	with the centerline of said Katy-Hockley Cut-Off Road, the West
244	244	line of said Section 58 and said 240 acre tract and the East line of
245	245	said Section 69 to the POINT OF BEGINNING and containing 559.0006
246	246	acres of land.
247	247	SECTION 3. (a) The legal notice of the intention to
248	248	introduce this Act, setting forth the general substance of this
249	249	Act, has been published as provided by law, and the notice and a
250	250	copy of this Act have been furnished to all persons, agencies,
251	251	officials, or entities to which they are required to be furnished
252	252	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
253	253	Government Code.
254	254	(b) The governor, one of the required recipients, has
255	255	submitted the notice and Act to the Texas Commission on
256	256	Environmental Quality.
257	257	(c) The Texas Commission on Environmental Quality has filed
258	258	its recommendations relating to this Act with the governor, the
259	259	lieutenant governor, and the speaker of the house of
260	260	representatives within the required time.
261	261	(d) All requirements of the constitution and laws of this
262	262	state and the rules and procedures of the legislature with respect
263	263	to the notice, introduction, and passage of this Act are fulfilled
264	264	and accomplished.
265	265	SECTION 4. (a) If this Act does not receive a two-thirds
266	266	vote of all the members elected to each house, Subchapter C, Chapter
267	267	8438, Special District Local Laws Code, as added by Section 1 of
268	268	this Act, is amended by adding Section 8438.106 to read as follows:
269	269	Sec. 8438.106. NO EMINENT DOMAIN POWER. The district may
270	270	not exercise the power of eminent domain.
271	271	(b) This section is not intended to be an expression of a
272	272	legislative interpretation of the requirements of Subsection (c),
273	273	Section 17, Article I, Texas Constitution.
274	274	SECTION 5. This Act takes effect immediately if it receives
275	275	a vote of two-thirds of all the members elected to each house, as
276	276	provided by Section 39, Article III, Texas Constitution. If this
277	277	Act does not receive the vote necessary for immediate effect, this
278	278	Act takes effect September 1, 2013.