Texas 2013 - 83rd Regular

Texas Senate Bill SB564 Compare Versions

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1	1	By: Hegar S.B. No. 564
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. 536; 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 8436 to read as follows:
12	12	CHAPTER 8436. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 536
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 8436.001. 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. 536.
21	21	Sec. 8436.002. 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. 8436.003. 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. 8436.004. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section 8436.003
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. 8436.005. 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. 8436.006. 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. 8436.051. 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 8436.052, directors serve
60	60	staggered four-year terms.
61	61	Sec. 8436.052. 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 8436.003; 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 8436.003 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 8436.003; 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. 8436.101. 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. 8436.102. 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. 8436.103. 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. 8436.104. 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. 8436.105. 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. 8436.151. 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 8436.153.
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. 8436.152. OPERATION AND MAINTENANCE TAX. (a) If
138	138	authorized at an election held under Section 8436.151, 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. 8436.153. 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. 8436.201. 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. 8436.202. 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. 8436.203. 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	536 initially includes all the territory contained in the following
172	172	area:
173	173	386.04 ACRES OF LAND SITUATED IN THE M.L. SPENCER SURVEY,
174	174	ABSTRACT NO. 1455 AND THE MRS. M.L. JONES SURVEY, ABSTRACT NO. 1339
175	175	(H. & T.C .R.R. CO. SURVEY, SECTION NO. 62), HARRIS COUNTY, TEXAS,
176	176	BEING THE COMBINATION OF THOSE TWO CERTAIN TRACTS OF LAND CALLED FOR
177	177	AND DESCRIBED AS BEING 315.63 ACRES BY DEED RECORDED UNDER HARRIS
178	178	COUNTY CLERK'S FILE (H.C.C.F.) NO. 20120550787 AND 70.41 ACRES BY
179	179	DEED RECORDED UNDER H.C.C.F. NO. 20120593453, THE SAID 386.04 ACRES
180	180	BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS,
181	181	BASED ON THE CALLS WITHIN THE AFOREMENTIONED DEEDS (WITH BEARINGS
182	182	BASED ON TEXAS STATE PLANE COORDINATE SYSTEM OF 1983, SOUTH CENTRAL
183	183	ZONE, AS DETERMINED BY GPS MEASUREMENTS, AS STATED IN THE
184	184	AFOREMENTIONED DEEDS):
185	185	BEGINNING at a point marking the northwesterly corner of the
186	186	said H. & T.C.C. R.R. Co. Survey, Section 62, the northeasterly
187	187	corner of the H. & T. C.C. R.R. Co. Survey, Abstract No. 452,
188	188	southeasterly corner of the H. & T. C.C. R.R. Co. Survey, Abstract
189	189	No. 453 and the southwesterly corner of the H. & T. C.C. R.R. Co.
190	190	Survey, Abstract No. 450, being in the intersection of Katy-Hockley
191	191	Cut-Off Road (called 60-feet wide at present) and Clay Road (called
192	192	60-feet wide at present) and marking the northwesterly corner of
193	193	the called 315.63 acre tract of land;
194	194	THENCE, North 88°05'31" East, along the common line of the
195	195	said H. & T.C.C. R.R. Co. Survey, Section 62 and the H. & T. C.C.
196	196	R.R. Co. Survey, Abstract No. 450, same being the north line of the
197	197	aforementioned M.L. Spencer Survey, Abstract No. 1455, for a
198	198	distance of 2,628.13 feet to a point for corner, being the northerly
199	199	common corner of the said M.L. Spencer Survey and the
200	200	aforementioned Mrs. M.L. Jones Survey, Abstract No. 1339;
201	201	THENCE, South 01°55'49" East, along the common line of the
202	202	said M.L. Spencer Survey and the Mrs. M.L. Jones Survey for a
203	203	distance of 1,373.78 feet to a point for corner;
204	204	THENCE, North 88°04'27" East, a distance of 324.32 feet to a
205	205	point for corner marking the southwesterly corner of the called
206	206	70.41 acre tract of land;
207	207	THENCE, North 01°55'47" West, a distance of 1,343.75 feet to a
208	208	point for corner in the southerly right-of-way line of the
209	209	aforementioned Clay Road;
210	210	THENCE, North 88°04'27" East, along the southerly
211	211	right-of-way line of Clay Road, a distance of 2,282.44 feet to a
212	212	point for corner at the intersection with the westerly right-of-way
213	213	line of Porter Road (called 60-feet wide at present);
214	214	THENCE, South 01°55'33" East, along the westerly
215	215	right-of-way line of Porter Road, a distance of 1,343.75 feet to a
216	216	point for corner;
217	217	THENCE, South 01°56'43" East, continuing along westerly
218	218	right-of-way line of Porter Road, a distance of 1,269.46 feet to a
219	219	point for corner;
220	220	THENCE, South 88°04'27" West, a distance of 2,607.00 feet to
221	221	a point for corner in the common line of the said M.L. Spencer
222	222	Survey and the Mrs. M.L. Jones Survey;
223	223	THENCE, South 01°55'49" East, along the common line of the
224	224	said M.L. Spencer Survey and the Mrs. M.L. Jones Survey for a
225	225	distance of 1,321.82 feet to a point for corner;
226	226	THENCE, South 88°03'16" West, a distance of 2,636.56 feet to
227	227	a point for corner being in the westerly line of the said M.L.
228	228	Spencer Survey, same being the said H. & T.C.C. R.R. Co. Survey,
229	229	Section 62, and the easterly line of the said H. & T.C.C. R.R. Co.
230	230	Survey, Abstract No. 452;
231	231	THENCE, North 01°48'31" West, along the common line of the
232	232	said M.L. Spencer Survey and the H. & T. C.C. R.R. Co. Survey,
233	233	Abstract No. 452, a distance of 3,966.80 feet to the POINT OF
234	234	BEGINNING and containing 386.04 acres of land.
235	235	SECTION 3. (a) The legal notice of the intention to
236	236	introduce this Act, setting forth the general substance of this
237	237	Act, has been published as provided by law, and the notice and a
238	238	copy of this Act have been furnished to all persons, agencies,
239	239	officials, or entities to which they are required to be furnished
240	240	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
241	241	Government Code.
242	242	(b) The governor, one of the required recipients, has
243	243	submitted the notice and Act to the Texas Commission on
244	244	Environmental Quality.
245	245	(c) The Texas Commission on Environmental Quality has filed
246	246	its recommendations relating to this Act with the governor, the
247	247	lieutenant governor, and the speaker of the house of
248	248	representatives within the required time.
249	249	(d) All requirements of the constitution and laws of this
250	250	state and the rules and procedures of the legislature with respect
251	251	to the notice, introduction, and passage of this Act are fulfilled
252	252	and accomplished.
253	253	SECTION 4. (a) If this Act does not receive a two-thirds
254	254	vote of all the members elected to each house, Subchapter C, Chapter
255	255	8436, Special District Local Laws Code, as added by Section 1 of
256	256	this Act, is amended by adding Section 8436.106 to read as follows:
257	257	Sec. 8436.106. NO EMINENT DOMAIN POWER. The district may
258	258	not exercise the power of eminent domain.
259	259	(b) This section is not intended to be an expression of a
260	260	legislative interpretation of the requirements of Subsection (c),
261	261	Section 17, Article I, Texas Constitution.
262	262	SECTION 5. This Act takes effect immediately if it receives
263	263	a vote of two-thirds of all the members elected to each house, as
264	264	provided by Section 39, Article III, Texas Constitution. If this
265	265	Act does not receive the vote necessary for immediate effect, this
266	266	Act takes effect September 1, 2013.