Texas 2015 - 84th Regular

Texas House Bill HB4161 Compare Versions

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11 84R12246 AAF-D
22 By: Schofield H.B. No. 4161
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the Harris County Municipal Utility
88 District No. 538; granting a limited power of eminent domain;
99 providing authority to issue bonds; providing authority to impose
1010 assessments, fees, and taxes.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1313 Code, is amended by adding Chapter 7903 to read as follows:
1414 CHAPTER 7903. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 538
1515 SUBCHAPTER A. GENERAL PROVISIONS
1616 Sec. 7903.001. DEFINITIONS. In this chapter:
1717 (1) "Board" means the district's board of directors.
1818 (2) "Commission" means the Texas Commission on
1919 Environmental Quality.
2020 (3) "Director" means a board member.
2121 (4) "District" means the Harris County Municipal
2222 Utility District No. 538.
2323 Sec. 7903.002. NATURE OF DISTRICT. The district is a
2424 municipal utility district created under Section 59, Article XVI,
2525 Texas Constitution.
2626 Sec. 7903.003. CONFIRMATION AND DIRECTORS' ELECTION
2727 REQUIRED. The temporary directors shall hold an election to
2828 confirm the creation of the district and to elect five permanent
2929 directors as provided by Section 49.102, Water Code.
3030 Sec. 7903.004. CONSENT OF MUNICIPALITY REQUIRED. The
3131 temporary directors may not hold an election under Section 7903.003
3232 until each municipality in whose corporate limits or
3333 extraterritorial jurisdiction the district is located has
3434 consented by ordinance or resolution to the creation of the
3535 district and to the inclusion of land in the district.
3636 Sec. 7903.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3737 (a) The district is created to serve a public purpose and benefit.
3838 (b) The district is created to accomplish the purposes of:
3939 (1) a municipal utility district as provided by
4040 general law and Section 59, Article XVI, Texas Constitution; and
4141 (2) Section 52, Article III, Texas Constitution, that
4242 relate to the construction, acquisition, improvement, operation,
4343 or maintenance of macadamized, graveled, or paved roads, or
4444 improvements, including storm drainage, in aid of those roads.
4545 Sec. 7903.006. INITIAL DISTRICT TERRITORY. (a) The
4646 district is initially composed of the territory described by
4747 Section 2 of the Act enacting this chapter.
4848 (b) The boundaries and field notes contained in Section 2 of
4949 the Act enacting this chapter form a closure. A mistake made in the
5050 field notes or in copying the field notes in the legislative process
5151 does not affect the district's:
5252 (1) organization, existence, or validity;
5353 (2) right to issue any type of bond for the purposes
5454 for which the district is created or to pay the principal of and
5555 interest on a bond;
5656 (3) right to impose a tax; or
5757 (4) legality or operation.
5858 SUBCHAPTER B. BOARD OF DIRECTORS
5959 Sec. 7903.051. GOVERNING BODY; TERMS. (a) The district is
6060 governed by a board of five elected directors.
6161 (b) Except as provided by Section 7903.052, directors serve
6262 staggered four-year terms.
6363 Sec. 7903.052. TEMPORARY DIRECTORS. (a) The temporary
6464 board consists of:
6565 (1) Garner P. Strickland, IV;
6666 (2) Cameron Franz;
6767 (3) Jacob Baker;
6868 (4) Andrew J. Clark, IV; and
6969 (5) William R. Murphy, Jr.
7070 (b) Temporary directors serve until the earlier of:
7171 (1) the date permanent directors are elected under
7272 Section 7903.003; or
7373 (2) the fourth anniversary of the effective date of
7474 the Act enacting this chapter.
7575 (c) If permanent directors have not been elected under
7676 Section 7903.003 and the terms of the temporary directors have
7777 expired, successor temporary directors shall be appointed or
7878 reappointed as provided by Subsection (d) to serve terms that
7979 expire on the earlier of:
8080 (1) the date permanent directors are elected under
8181 Section 7903.003; or
8282 (2) the fourth anniversary of the date of the
8383 appointment or reappointment.
8484 (d) If Subsection (c) applies, the owner or owners of a
8585 majority of the assessed value of the real property in the district
8686 may submit a petition to the commission requesting that the
8787 commission appoint as successor temporary directors the five
8888 persons named in the petition. The commission shall appoint as
8989 successor temporary directors the five persons named in the
9090 petition.
9191 SUBCHAPTER C. POWERS AND DUTIES
9292 Sec. 7903.101. GENERAL POWERS AND DUTIES. The district has
9393 the powers and duties necessary to accomplish the purposes for
9494 which the district is created.
9595 Sec. 7903.102. MUNICIPAL UTILITY DISTRICT POWERS AND
9696 DUTIES. The district has the powers and duties provided by the
9797 general law of this state, including Chapters 49 and 54, Water Code,
9898 applicable to municipal utility districts created under Section 59,
9999 Article XVI, Texas Constitution.
100100 Sec. 7903.103. AUTHORITY FOR ROAD PROJECTS. Under Section
101101 52, Article III, Texas Constitution, the district may design,
102102 acquire, construct, finance, issue bonds for, improve, operate,
103103 maintain, and convey to this state, a county, or a municipality for
104104 operation and maintenance macadamized, graveled, or paved roads, or
105105 improvements, including storm drainage, in aid of those roads.
106106 Sec. 7903.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
107107 road project must meet all applicable construction standards,
108108 zoning and subdivision requirements, and regulations of each
109109 municipality in whose corporate limits or extraterritorial
110110 jurisdiction the road project is located.
111111 (b) If a road project is not located in the corporate limits
112112 or extraterritorial jurisdiction of a municipality, the road
113113 project must meet all applicable construction standards,
114114 subdivision requirements, and regulations of each county in which
115115 the road project is located.
116116 (c) If the state will maintain and operate the road, the
117117 Texas Transportation Commission must approve the plans and
118118 specifications of the road project.
119119 Sec. 7903.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
120120 OR RESOLUTION. The district shall comply with all applicable
121121 requirements of any ordinance or resolution that is adopted under
122122 Section 54.016 or 54.0165, Water Code, and that consents to the
123123 creation of the district or to the inclusion of land in the
124124 district.
125125 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126126 Sec. 7903.151. ELECTIONS REGARDING TAXES OR BONDS. (a)
127127 The district may issue, without an election, bonds and other
128128 obligations secured by:
129129 (1) revenue other than ad valorem taxes; or
130130 (2) contract payments described by Section 7903.153.
131131 (b) The district must hold an election in the manner
132132 provided by Chapters 49 and 54, Water Code, to obtain voter approval
133133 before the district may impose an ad valorem tax or issue bonds
134134 payable from ad valorem taxes.
135135 (c) The district may not issue bonds payable from ad valorem
136136 taxes to finance a road project unless the issuance is approved by a
137137 vote of a two-thirds majority of the district voters voting at an
138138 election held for that purpose.
139139 Sec. 7903.152. OPERATION AND MAINTENANCE TAX. (a) If
140140 authorized at an election held under Section 7903.151, the district
141141 may impose an operation and maintenance tax on taxable property in
142142 the district in accordance with Section 49.107, Water Code.
143143 (b) The board shall determine the tax rate. The rate may not
144144 exceed the rate approved at the election.
145145 Sec. 7903.153. CONTRACT TAXES. (a) In accordance with
146146 Section 49.108, Water Code, the district may impose a tax other than
147147 an operation and maintenance tax and use the revenue derived from
148148 the tax to make payments under a contract after the provisions of
149149 the contract have been approved by a majority of the district voters
150150 voting at an election held for that purpose.
151151 (b) A contract approved by the district voters may contain a
152152 provision stating that the contract may be modified or amended by
153153 the board without further voter approval.
154154 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
155155 Sec. 7903.201. AUTHORITY TO ISSUE BONDS AND OTHER
156156 OBLIGATIONS. The district may issue bonds or other obligations
157157 payable wholly or partly from ad valorem taxes, impact fees,
158158 revenue, contract payments, grants, or other district money, or any
159159 combination of those sources, to pay for any authorized district
160160 purpose.
161161 Sec. 7903.202. TAXES FOR BONDS. At the time the district
162162 issues bonds payable wholly or partly from ad valorem taxes, the
163163 board shall provide for the annual imposition of a continuing
164164 direct ad valorem tax, without limit as to rate or amount, while all
165165 or part of the bonds are outstanding as required and in the manner
166166 provided by Sections 54.601 and 54.602, Water Code.
167167 Sec. 7903.203. BONDS FOR ROAD PROJECTS. At the time of
168168 issuance, the total principal amount of bonds or other obligations
169169 issued or incurred to finance road projects and payable from ad
170170 valorem taxes may not exceed one-fourth of the assessed value of the
171171 real property in the district.
172172 SECTION 2. The Harris County Municipal Utility District
173173 No. 538 initially includes all the territory contained in the
174174 following area:
175175 A METES & BOUNDS description of a 395.96 acre tract of land in
176176 the William Salyars Survey, Abstract 1532, and the H. & T. C.
177177 Railroad Company Survey Section 59, Abstract 444, Harris County,
178178 Texas, being comprised of that certain called 80.031 acre tract and
179179 the residue of that certain called 159.912 acre tract and recorded
180180 under County Clerk's File Number Z418073, Official Public Records
181181 of Real Property, Harris County, Texas, and that certain called
182182 157.727 acre tract recorded under County Clerk's File Number
183183 20140061554, Official Public Records of Real Property, Harris
184184 County, Texas with all bearings based upon the south line of said
185185 called 157.727 acre tract as being South 87 degrees 53 minutes 07
186186 seconds West (called South 87 degrees 53 minutes 07 seconds West).
187187 Beginning at the southwest corner of said H. & T. C. Railroad
188188 Company Survey Section 59, Abstract 444, being the northwest corner
189189 of the Lafayette Shirar Survey, Abstract 1489, the northeast corner
190190 of the H. & T. C. Railroad Company Survey Section 67, Abstract 453,
191191 and the southeast corner of the Chancey Lowery Survey, Abstract
192192 1551, said point also being the southwest corner of said called
193193 80.031 acre tract, same being the northwest corner of an adjoining
194194 called 14 acre tract described in deed recorded in Volume 2936, Page
195195 109, Deed Records, Harris County, Texas, the northeast corner of an
196196 adjoining called 125 acre tract described in deed recorded under
197197 County Clerk's File Number H729514, Official Public Records of Real
198198 Property, Harris County, Texas, and the southeast corner of an
199199 adjoining residue of a called 80.2830 acre tract described in deed
200200 recorded under County Clerk's File Number P705419, Official Public
201201 Records of Real Property, Harris County, Texas, for the upper
202202 southwest corner and Place of Beginning of the herein described
203203 395.96 acre tract of land, said point also being at the intersection
204204 of Katy Hockley Cut-Off Road (60-feet wide) with Beckendorff Road
205205 (60-feet wide);
206206 Thence North 02 degrees 06 minutes 27 seconds West along a
207207 west line of the herein described tract, the west line of said
208208 called 80.031 acre tract, and the west line of said H. & T. C.
209209 Railroad Company Survey Section 59, Abstract 444, same being the
210210 east line of said adjoining residue of a called 80.2830 acre tract,
211211 the east line of said Chancey Lowery Survey, Abstract 1551, and
212212 along the east line of an adjoining called 1.2638 acre tract
213213 recorded under County Clerk's File Number V036128, Official Public
214214 Records of Real Property, Harris County, Texas, as located in Katy
215215 Hockley Cut-Off Road, 1,321.69 feet to the lower northwest corner
216216 of the herein described tract and the northwest corner of said
217217 called 80.031 acre tract;
218218 Thence North 87 degrees 54 minutes 05 seconds East along a
219219 north line of the herein described tract and the north line of said
220220 called 80.031 acre tract, same being the south line of the adjoining
221221 Hidden Forest Estates Subdivision according to map or plat thereof
222222 recorded in Volume 410, Page 35, Map Records, Harris County, Texas,
223223 2,639.09 feet to a reentry corner to the herein described tract,
224224 being the northeast corner of said called 80.031 acre tract, same
225225 being the southeast corner of said adjoining Hidden Forest Estates
226226 Subdivision, and being in the west line of said called 157.727 acre
227227 tract;
228228 Thence North 02 degrees 04 minutes 34 seconds West along the
229229 upper west line of the herein described tract and the west line of
230230 said called 157.727 acre tract, same being the east line of said
231231 adjoining Hidden Forest Estates Subdivision, 1,314.42 feet to the
232232 northeast corner of said adjoining Hidden Forest Estates
233233 Subdivision for angle point, being the southeast corner of an
234234 adjoining called 54.245 acre tract recorded under County Clerk's
235235 File Number J047965, Official Public Records of Real Property,
236236 Harris County, Texas;
237237 Thence North 02 degrees 22 minutes 20 seconds West continuing
238238 along the upper west line of the herein described tract and the west
239239 line of said called 157.727 acre tract, 2,590.05 feet to the upper
240240 northwest corner of the herein described tract and the northwest
241241 corner of said called 157.727 acre tract, same being the northeast
242242 corner of an adjoining called 100.000 acre tract recorded under
243243 County Clerk's File Number H541658, Official Public Records of Real
244244 Property, Harris County, Texas, said point being in the south
245245 right-of-way line of F. M. Highway 529 (120-feet wide);
246246 Thence North 87 degrees 54 minutes 43 seconds East along the
247247 upper north line of the herein described tract and the north line of
248248 said called 157.727 acre tract, same being the south right-of-way
249249 line of F. M. Highway 529, 678.60 feet to an angle point;
250250 Thence North 88 degrees 19 minutes 43 seconds East continuing
251251 along said line, 645.41 feet to the upper northeast corner of the
252252 herein described tract and the northeast corner of said called
253253 157.727 acre tract, same being the northwest corner of an adjoining
254254 called 158.039 acre tract recorded under County Clerk's File Number
255255 W268492, Official Public Records of Real Property, Harris County,
256256 Texas;
257257 Thence South 02 degrees 06 minutes 31 seconds East along the
258258 upper east line of the herein described tract and the east line of
259259 said called 157.727 acre tract, same being the west line of said
260260 adjoining called 158.039 acre tract, 5,219.35 feet to a reentry
261261 corner to the herein described tract, being the southeast corner of
262262 said called 157.727 acre tract, same being the southwest corner of
263263 said adjoining called 158.039 acre tract, and being in the south
264264 line of said H. & T. C. Railroad Company Survey Section 59, Abstract
265265 444, same being the north line of the aforementioned William
266266 Salyars Survey, Abstract 1532, and the north line of the
267267 aforementioned called 159.912 acre tract;
268268 Thence North 87 degrees 53 minutes 06 seconds East along the
269269 lower north line of the herein described tract, the north line of
270270 said called 159.912 acre tract, and the north line of said William
271271 Salyars Survey, Abstract 1532, same being the south line of said H. &
272272 T. C. Railroad Company Survey Section 59, Abstract 444, and the
273273 south line of said adjoining called 158.039 acre tract, 1,326.98
274274 feet to the lower northeast corner of the herein described tract,
275275 the northeast corner of said called 159.912 acre tract, and the
276276 northeast corner of said William Salyars Survey, Abstract 1532,
277277 being the southeast corner of said H. & T. C. Railroad Company
278278 Survey Section 59, Abstract 444, and the southeast corner of said
279279 adjoining called 158.039 acre tract, same being the southwest
280280 corner of the A. R. Connell Survey, Abstract 1387, and the southwest
281281 corner of an adjoining called 640 acre tract (Tract Three) recorded
282282 under County Clerk's File Number J796831, Official Public Records
283283 of Real Property, Harris County, Texas, and being the northwest
284284 corner of the H. & T. C. Railroad Company Survey Section 47,
285285 Abstract 440, and the northwest corner of an adjoining called
286286 73.8972 acre tract described in deed recorded under County Clerk's
287287 File Number R710831, Official Public Records of Real Property,
288288 Harris County, Texas;
289289 Thence South 02 degrees 10 minutes 48 seconds East along the
290290 lower east line of the herein described tract, the east line of said
291291 called 159.912 acre tract, and the east line of said William Salyars
292292 Survey, Abstract 1532, same being the west line of said adjoining H. &
293293 T. C. Railroad Company Survey Section 47, Abstract 440, 2,640.00
294294 feet to the southeast corner of the herein described tract and the
295295 southeast corner of said called 159.912 acre tract, same being the
296296 northeast corner of an adjoining called 320.1964 acre tract
297297 recorded under County Clerk's File Number 20060134384, Official
298298 Public Records of Real Property, Harris County, Texas, and being in
299299 the west line of an adjoining called 4.8079 acre tract recorded
300300 under County Clerk's File Number 20070428121, Official Public
301301 Records of Real Property, Harris County, Texas;
302302 Thence South 87 degrees 53 minutes 00 seconds West along the
303303 lower south line of the herein described tract and the south line of
304304 said called 159.912 acre tract, same being the north line of said
305305 adjoining called 320.1964 acre tract, 16.01 feet to a point for
306306 corner, said point being the southeast corner of an adjoining
307307 called 1.700 acre tract recorded under County Clerk's File Number
308308 20140251357, Official Public Records of Real Property, Harris
309309 County, Texas, said point in a non-tangent curve to the left;
310310 Thence along the common line of the herein described tract
311311 and said adjoining called 1.700 acre tract with the following
312312 courses and distances:
313313 Thence along said non-tangent curve to the left, having
314314 a radius of 150.00 feet, a central angle of 22 degrees 26 minutes 42
315315 seconds, an arc length of 58.76 feet, and a chord bearing North 31
316316 degrees 49 minutes 43 seconds West, 58.39 feet to a point in a
317317 non-tangent curve to the left;
318318 Thence along said non-tangent curve to the left, having
319319 a radius of 150.00 feet, a central angle of 50 degrees 43 minutes 56
320320 seconds, an arc length of 132.82 feet, and a chord bearing North 57
321321 degrees 44 minutes 32 seconds West, 128.52 feet;
322322 Thence North 42 degrees 33 minutes 53 seconds East,
323323 88.87 feet;
324324 Thence North 47 degrees 26 minutes 07 seconds West,
325325 66.25 feet;
326326 Thence South 20 degrees 37 minutes 06 seconds West,
327327 51.23 feet to the beginning point of a curve to the right;
328328 Thence along said curve to the right, having a radius of
329329 95.00 feet, a central angle of 80 degrees 09 minutes 28 seconds, an
330330 arc length of 132.91 feet, and a chord bearing South 60 degrees 41
331331 minutes 44 seconds West, 122.33 feet;
332332 Thence North 79 degrees 13 minutes 39 seconds West,
333333 81.88 feet;
334334 Thence South 60 degrees 56 minutes 12 seconds West,
335335 161.46 feet;
336336 Thence South 87 degrees 53 minutes 00 seconds West,
337337 212.00 feet;
338338 Thence South 02 degrees 07 minutes 00 seconds East,
339339 75.00 feet to a point for corner, said point being in the south line
340340 of the aforementioned called 159.912 acre tract, same being the
341341 north line of the aforementioned adjoining called 320.1964 acre
342342 tract;
343343 Thence South 87 degrees 53 minutes 00 seconds West along the
344344 lower south line of the herein described tract and the south line of
345345 said called 159.912 acre tract, same being the north line of said
346346 adjoining called 320.1964 acre tract, 1,940.00 feet to the lower
347347 southwest corner of the herein described tract and the southwest
348348 corner of said called 159.912 acre tract, being an angle point in
349349 the north line of said adjoining called 320.1964 acre tract, said
350350 point also being the northeast corner of the S. Post Survey,
351351 Abstract 1422, same being the southeast corner of an adjoining
352352 called 17.00 acre tract described in deed recorded under County
353353 Clerk's File Number S147734, Official Public Records of Real
354354 Property, Harris County, Texas, and the southeast corner of the
355355 aforementioned Lafayette Shirar Survey, Abstract 1489;
356356 Thence North 02 degrees 02 minutes 01 seconds West along the
357357 lower west line of the herein described tract, the west line of said
358358 called 159.912 acre tract, and the west line of said William Salyars
359359 Survey, Abstract 1532, same being the east line of said adjoining
360360 called 17.00 acre tract and the east line of said Lafayette Shirar
361361 Survey, Abstract 1489, 1,121.79 feet to an angle point, being the
362362 northeast corner of an adjoining 17.00 acre tract described in deed
363363 recorded under County Clerk's File Number X776653, Official Public
364364 Records of Real Property, Harris County, Texas, same being the
365365 southeast corner of an adjoining called 78 acre tract recorded
366366 under County Clerk's File Number P955853, Official Public Records
367367 of Real Property, Harris County, Texas;
368368 Thence North 02 degrees 16 minutes 50 seconds West continuing
369369 along the lower west line of the herein described tract, the west
370370 line of said called 159.912 acre tract, and the west line of said
371371 William Salyars Survey, Abstract 1532, same being the east line of
372372 said adjoining called 78 acre tract and the east line of said
373373 Lafayette Shirar Survey, Abstract 1489, 1,518.30 feet to a reentry
374374 corner to the herein described tract, being the northwest corner of
375375 said called 159.912 acre tract, the northeast corner of said
376376 adjoining called 78 acre tract, the southeast corner of the
377377 aforementioned called 80.031 acre tract, and the southwest corner
378378 of the aforementioned called 157.727 acre tract, said point also
379379 being the northwest corner of the William Salyars Survey, Abstract
380380 1532, same being the northeast corner of the said Lafayette Shirar
381381 Survey, Abstract 1489, and being in the south line of the
382382 aforementioned H. & T. C. Railroad Company Survey Section 59,
383383 Abstract 444;
384384 Thence South 87 degrees 52 minutes 10 seconds West along the
385385 upper south line of the herein described tract, the south line of
386386 said called 80.031 acre tract, and the south line of said H. & T. C.
387387 Railroad Company Survey Section 59, Abstract 444, same being the
388388 north line of said adjoining called 78 acre tract and the north line
389389 of said Lafayette Shirar Survey, Abstract 1489, and along the north
390390 line of the aforementioned adjoining called 14 acre tract, 2,639.13
391391 feet to the Place of Beginning and containing 395.96 acres of land,
392392 more or less.
393393 SECTION 3. (a) The legal notice of the intention to
394394 introduce this Act, setting forth the general substance of this
395395 Act, has been published as provided by law, and the notice and a
396396 copy of this Act have been furnished to all persons, agencies,
397397 officials, or entities to which they are required to be furnished
398398 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
399399 Government Code.
400400 (b) The governor, one of the required recipients, has
401401 submitted the notice and Act to the Texas Commission on
402402 Environmental Quality.
403403 (c) The Texas Commission on Environmental Quality has filed
404404 its recommendations relating to this Act with the governor, the
405405 lieutenant governor, and the speaker of the house of
406406 representatives within the required time.
407407 (d) All requirements of the constitution and laws of this
408408 state and the rules and procedures of the legislature with respect
409409 to the notice, introduction, and passage of this Act are fulfilled
410410 and accomplished.
411411 SECTION 4. (a) If this Act does not receive a two-thirds
412412 vote of all the members elected to each house, Subchapter C, Chapter
413413 7903, Special District Local Laws Code, as added by Section 1 of
414414 this Act, is amended by adding Section 7903.106 to read as follows:
415415 Sec. 7903.106. NO EMINENT DOMAIN POWER. The district may
416416 not exercise the power of eminent domain.
417417 (b) This section is not intended to be an expression of a
418418 legislative interpretation of the requirements of Section 17(c),
419419 Article I, Texas Constitution.
420420 SECTION 5. This Act takes effect immediately if it receives
421421 a vote of two-thirds of all the members elected to each house, as
422422 provided by Section 39, Article III, Texas Constitution. If this
423423 Act does not receive the vote necessary for immediate effect, this
424424 Act takes effect September 1, 2015.