Texas 2015 - 84th Regular

Texas House Bill HB4162 Compare Versions

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1	1	84R12258 AAF-F
2	2	By: Schofield H.B. No. 4162
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Harris County Municipal Utility
8	8	District No. 539; granting a limited power of eminent domain;
9	9	providing authority to issue bonds; providing authority to impose
10	10	assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 7904 to read as follows:
14	14	CHAPTER 7904. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 539
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7904.001. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Harris County Municipal
22	22	Utility District No. 539.
23	23	Sec. 7904.002. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 7904.003. CONFIRMATION AND DIRECTORS' ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 7904.004. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section 7904.003
32	32	until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 7904.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 7904.006. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 7904.051. GOVERNING BODY; TERMS. (a) The district is
60	60	governed by a board of five elected directors.
61	61	(b) Except as provided by Section 7904.052, directors serve
62	62	staggered four-year terms.
63	63	Sec. 7904.052. TEMPORARY DIRECTORS. (a) On or after the
64	64	effective date of the Act enacting this chapter, the owner or owners
65	65	of a majority of the assessed value of the real property in the
66	66	district may submit a petition to the commission requesting that
67	67	the commission appoint as temporary directors the five persons
68	68	named in the petition. The commission shall appoint as temporary
69	69	directors the five persons named in the petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 7904.003; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act enacting this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 7904.003 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 7904.003; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 7904.101. GENERAL POWERS AND DUTIES. The district has
93	93	the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 7904.102. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 7904.103. AUTHORITY FOR ROAD PROJECTS. Under Section
101	101	52, Article III, Texas Constitution, the district may design,
102	102	acquire, construct, finance, issue bonds for, improve, operate,
103	103	maintain, and convey to this state, a county, or a municipality for
104	104	operation and maintenance macadamized, graveled, or paved roads, or
105	105	improvements, including storm drainage, in aid of those roads.
106	106	Sec. 7904.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	107	road project must meet all applicable construction standards,
108	108	zoning and subdivision requirements, and regulations of each
109	109	municipality in whose corporate limits or extraterritorial
110	110	jurisdiction the road project is located.
111	111	(b) If a road project is not located in the corporate limits
112	112	or extraterritorial jurisdiction of a municipality, the road
113	113	project must meet all applicable construction standards,
114	114	subdivision requirements, and regulations of each county in which
115	115	the road project is located.
116	116	(c) If the state will maintain and operate the road, the
117	117	Texas Transportation Commission must approve the plans and
118	118	specifications of the road project.
119	119	Sec. 7904.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
120	120	OR RESOLUTION. The district shall comply with all applicable
121	121	requirements of any ordinance or resolution that is adopted under
122	122	Section 54.016 or 54.0165, Water Code, and that consents to the
123	123	creation of the district or to the inclusion of land in the
124	124	district.
125	125	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	126	Sec. 7904.151. ELECTIONS REGARDING TAXES OR BONDS. (a)
127	127	The district may issue, without an election, bonds and other
128	128	obligations secured by:
129	129	(1) revenue other than ad valorem taxes; or
130	130	(2) contract payments described by Section 7904.153.
131	131	(b) The district must hold an election in the manner
132	132	provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	133	before the district may impose an ad valorem tax or issue bonds
134	134	payable from ad valorem taxes.
135	135	(c) The district may not issue bonds payable from ad valorem
136	136	taxes to finance a road project unless the issuance is approved by a
137	137	vote of a two-thirds majority of the district voters voting at an
138	138	election held for that purpose.
139	139	Sec. 7904.152. OPERATION AND MAINTENANCE TAX. (a) If
140	140	authorized at an election held under Section 7904.151, the district
141	141	may impose an operation and maintenance tax on taxable property in
142	142	the district in accordance with Section 49.107, Water Code.
143	143	(b) The board shall determine the tax rate. The rate may not
144	144	exceed the rate approved at the election.
145	145	Sec. 7904.153. CONTRACT TAXES. (a) In accordance with
146	146	Section 49.108, Water Code, the district may impose a tax other than
147	147	an operation and maintenance tax and use the revenue derived from
148	148	the tax to make payments under a contract after the provisions of
149	149	the contract have been approved by a majority of the district voters
150	150	voting at an election held for that purpose.
151	151	(b) A contract approved by the district voters may contain a
152	152	provision stating that the contract may be modified or amended by
153	153	the board without further voter approval.
154	154	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
155	155	Sec. 7904.201. AUTHORITY TO ISSUE BONDS AND OTHER
156	156	OBLIGATIONS. The district may issue bonds or other obligations
157	157	payable wholly or partly from ad valorem taxes, impact fees,
158	158	revenue, contract payments, grants, or other district money, or any
159	159	combination of those sources, to pay for any authorized district
160	160	purpose.
161	161	Sec. 7904.202. TAXES FOR BONDS. At the time the district
162	162	issues bonds payable wholly or partly from ad valorem taxes, the
163	163	board shall provide for the annual imposition of a continuing
164	164	direct ad valorem tax, without limit as to rate or amount, while all
165	165	or part of the bonds are outstanding as required and in the manner
166	166	provided by Sections 54.601 and 54.602, Water Code.
167	167	Sec. 7904.203. BONDS FOR ROAD PROJECTS. At the time of
168	168	issuance, the total principal amount of bonds or other obligations
169	169	issued or incurred to finance road projects and payable from ad
170	170	valorem taxes may not exceed one-fourth of the assessed value of the
171	171	real property in the district.
172	172	SECTION 2. The Harris County Municipal Utility District
173	173	No. 539 initially includes all the territory contained in the
174	174	following area:
175	175	DESCRIPTION OF A 620.6117 ACRE TRACT OF LAND SITUATED IN THE
176	176	H.&T.C. R.R. SURVEY, A-463, HARRIS COUNTY, TEXAS, BEING A CALLED
177	177	620.6117 ACRE TRACT OF LAND DESCRIBED IN DEED TO JOHN S. BEESON,
178	178	JOHN STEPHEN FORD, SR., AND STEVEN A. WEBSTER RECORDED UNDER HARRIS
179	179	COUNTY CLERKS FILE NUMBER (H.C.C.F. No.) 20140311385 OF THE
180	180	OFFICIAL PUBLIC RECORDS OF REAL PROPERTY (O.P.R.O.R.P.); SAID
181	181	620.6117 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
182	182	BOUNDS AS FOLLOWS WITH ALL BEARINGS BASED ON THE SAID DEED CALLS;
183	183	BEGINNING at the northeast corner of the intersection of
184	184	Beckendorff Road (60 foot right-of-way) recorded in Volume 219,
185	185	Page 352 of the Harris County Deed Records (H.C.D.R.) and Pitts Road
186	186	(80 foot right-of-way) recorded in Volume 1420, Page 242 of the
187	187	H.C.D.R. same being the southwest corner of the herein described
188	188	620.6117 acre tract;
189	189	THENCE, North 02° 03' 50" West, along the east right-of-way of
190	190	Pitts Road a distance of 5,091.27 feet to the southwest cut-back
191	191	corner of the southeast intersection of Pitts Road and F.M. 529 (120
192	192	foot right-of-way) recorded under H.C.C.F. No. C405638
193	193	O.P.R.O.R.P.;
194	194	THENCE, North 42° 59' 48" East, a distance of 120.21 feet to
195	195	the northeast cut-back corner of the southeast intersection of
196	196	Pitts Road and F.M. 529;
197	197	THENCE, North 87° 59' 48" East, along the south right-of-way
198	198	of F.M. 529 a distance of 3,562.46 feet to an angle point;
199	199	THENCE, North 87° 52' 48" East, continuing along the south
200	200	right-of-way of F.M. 529 a distance of 1,473.50 feet to a to the
201	201	northwest cut-back corner of the southwest intersection of F.M. 529
202	202	and New Katy Hockley Road (60 foot right-of-way) as occupied;
203	203	THENCE, South 47° 07' 12" East, a distance of 132.22 feet to
204	204	the southeast cut-back corner of the southwest intersection of F.M.
205	205	529 and New Katy Hockley Road;
206	206	THENCE, South 02° 09' 12" East, along the west right-of-way of
207	207	New Katy Hockley Road a distance of 5,096.26 feet to the northwest
208	208	corner of the intersection of New Katy Hockley Road and Beckendorff
209	209	Road;
210	210	THENCE, South 88° 06' 34" West, along the north right-of-way
211	211	of Beckendorff Road a distance of 5,222.59 feet to the POINT OF
212	212	BEGINNING, and containing 620.6117 acres of land.
213	213	SECTION 3. (a) The legal notice of the intention to
214	214	introduce this Act, setting forth the general substance of this
215	215	Act, has been published as provided by law, and the notice and a
216	216	copy of this Act have been furnished to all persons, agencies,
217	217	officials, or entities to which they are required to be furnished
218	218	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
219	219	Government Code.
220	220	(b) The governor, one of the required recipients, has
221	221	submitted the notice and Act to the Texas Commission on
222	222	Environmental Quality.
223	223	(c) The Texas Commission on Environmental Quality has filed
224	224	its recommendations relating to this Act with the governor, the
225	225	lieutenant governor, and the speaker of the house of
226	226	representatives within the required time.
227	227	(d) All requirements of the constitution and laws of this
228	228	state and the rules and procedures of the legislature with respect
229	229	to the notice, introduction, and passage of this Act are fulfilled
230	230	and accomplished.
231	231	SECTION 4. (a) If this Act does not receive a two-thirds
232	232	vote of all the members elected to each house, Subchapter C, Chapter
233	233	7904, Special District Local Laws Code, as added by Section 1 of
234	234	this Act, is amended by adding Section 7904.106 to read as follows:
235	235	Sec. 7904.106. NO EMINENT DOMAIN POWER. The district may
236	236	not exercise the power of eminent domain.
237	237	(b) This section is not intended to be an expression of a
238	238	legislative interpretation of the requirements of Section 17(c),
239	239	Article I, Texas Constitution.
240	240	SECTION 5. This Act takes effect immediately if it receives
241	241	a vote of two-thirds of all the members elected to each house, as
242	242	provided by Section 39, Article III, Texas Constitution. If this
243	243	Act does not receive the vote necessary for immediate effect, this
244	244	Act takes effect September 1, 2015.