Texas 2015 - 84th Regular

Texas House Bill HB4163 Compare Versions

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1	1	84R7297 TSR-F
2	2	By: Schofield H.B. No. 4163
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. 540; granting a limited power of eminent domain;
8	8	providing authority to issue bonds; providing authority to impose
9	9	assessments, fees, and taxes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 7910 to read as follows:
13	13	CHAPTER 7910. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 540
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 7910.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(3) "Director" means a board member.
20	20	(4) "District" means the Harris County Municipal
21	21	Utility District No. 540.
22	22	Sec. 7910.002. NATURE OF DISTRICT. The district is a
23	23	municipal utility district created under Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 7910.003. CONFIRMATION AND DIRECTORS' ELECTION
26	26	REQUIRED. The temporary directors shall hold an election to
27	27	confirm the creation of the district and to elect five permanent
28	28	directors as provided by Section 49.102, Water Code.
29	29	Sec. 7910.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section 7910.003
31	31	until each municipality in whose corporate limits or
32	32	extraterritorial jurisdiction the district is located has
33	33	consented by ordinance or resolution to the creation of the
34	34	district and to the inclusion of land in the district.
35	35	Sec. 7910.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
36	36	The district is created to serve a public purpose and benefit.
37	37	(b) The district is created to accomplish the purposes of:
38	38	(1) a municipal utility district as provided by
39	39	general law and Section 59, Article XVI, Texas Constitution; and
40	40	(2) Section 52, Article III, Texas Constitution, that
41	41	relate to the construction, acquisition, improvement, operation,
42	42	or maintenance of macadamized, graveled, or paved roads, or
43	43	improvements, including storm drainage, in aid of those roads.
44	44	Sec. 7910.006. INITIAL DISTRICT TERRITORY. (a) The
45	45	district is initially composed of the territory described by
46	46	Section 2 of the Act enacting this chapter.
47	47	(b) The boundaries and field notes contained in Section 2 of
48	48	the Act enacting this chapter form a closure. A mistake made in the
49	49	field notes or in copying the field notes in the legislative process
50	50	does not affect the district's:
51	51	(1) organization, existence, or validity;
52	52	(2) right to issue any type of bond for the purposes
53	53	for which the district is created or to pay the principal of and
54	54	interest on a bond;
55	55	(3) right to impose a tax; or
56	56	(4) legality or operation.
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 7910.051. GOVERNING BODY; TERMS. (a) The district is
59	59	governed by a board of five elected directors.
60	60	(b) Except as provided by Section 7910.052, directors serve
61	61	staggered four-year terms.
62	62	Sec. 7910.052. TEMPORARY DIRECTORS. (a) On or after the
63	63	effective date of the Act enacting this chapter, the owner or owners
64	64	of a majority of the assessed value of the real property in the
65	65	district may submit a petition to the commission requesting that
66	66	the commission appoint as temporary directors the five persons
67	67	named in the petition. The commission shall appoint as temporary
68	68	directors the five persons named in the petition.
69	69	(b) Temporary directors serve until the earlier of:
70	70	(1) the date permanent directors are elected under
71	71	Section 7910.003; or
72	72	(2) the fourth anniversary of the effective date of
73	73	the Act enacting this chapter.
74	74	(c) If permanent directors have not been elected under
75	75	Section 7910.003 and the terms of the temporary directors have
76	76	expired, successor temporary directors shall be appointed or
77	77	reappointed as provided by Subsection (d) to serve terms that
78	78	expire on the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 7910.003; or
81	81	(2) the fourth anniversary of the date of the
82	82	appointment or reappointment.
83	83	(d) If Subsection (c) applies, the owner or owners of a
84	84	majority of the assessed value of the real property in the district
85	85	may submit a petition to the commission requesting that the
86	86	commission appoint as successor temporary directors the five
87	87	persons named in the petition. The commission shall appoint as
88	88	successor temporary directors the five persons named in the
89	89	petition.
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 7910.101. GENERAL POWERS AND DUTIES. The district has
92	92	the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 7910.102. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 7910.103. AUTHORITY FOR ROAD PROJECTS. Under Section
100	100	52, Article III, Texas Constitution, the district may design,
101	101	acquire, construct, finance, issue bonds for, improve, operate,
102	102	maintain, and convey to this state, a county, or a municipality for
103	103	operation and maintenance macadamized, graveled, or paved roads, or
104	104	improvements, including storm drainage, in aid of those roads.
105	105	Sec. 7910.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
106	106	project must meet all applicable construction standards, zoning and
107	107	subdivision requirements, and regulations of each municipality in
108	108	whose corporate limits or extraterritorial jurisdiction the road
109	109	project is located.
110	110	(b) If a road project is not located in the corporate limits
111	111	or extraterritorial jurisdiction of a municipality, the road
112	112	project must meet all applicable construction standards,
113	113	subdivision requirements, and regulations of each county in which
114	114	the road project is located.
115	115	(c) If the state will maintain and operate the road, the
116	116	Texas Transportation Commission must approve the plans and
117	117	specifications of the road project.
118	118	Sec. 7910.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
119	119	OR RESOLUTION. The district shall comply with all applicable
120	120	requirements of any ordinance or resolution that is adopted under
121	121	Section 54.016 or 54.0165, Water Code, and that consents to the
122	122	creation of the district or to the inclusion of land in the
123	123	district.
124	124	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
125	125	Sec. 7910.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
126	126	district may issue, without an election, bonds and other
127	127	obligations secured by:
128	128	(1) revenue other than ad valorem taxes; or
129	129	(2) contract payments described by Section 7910.153.
130	130	(b) The district must hold an election in the manner
131	131	provided by Chapters 49 and 54, Water Code, to obtain voter approval
132	132	before the district may impose an ad valorem tax or issue bonds
133	133	payable from ad valorem taxes.
134	134	(c) The district may not issue bonds payable from ad valorem
135	135	taxes to finance a road project unless the issuance is approved by a
136	136	vote of a two-thirds majority of the district voters voting at an
137	137	election held for that purpose.
138	138	Sec. 7910.152. OPERATION AND MAINTENANCE TAX. (a) If
139	139	authorized at an election held under Section 7910.151, the district
140	140	may impose an operation and maintenance tax on taxable property in
141	141	the district in accordance with Section 49.107, Water Code.
142	142	(b) The board shall determine the tax rate. The rate may not
143	143	exceed the rate approved at the election.
144	144	Sec. 7910.153. CONTRACT TAXES. (a) In accordance with
145	145	Section 49.108, Water Code, the district may impose a tax other than
146	146	an operation and maintenance tax and use the revenue derived from
147	147	the tax to make payments under a contract after the provisions of
148	148	the contract have been approved by a majority of the district voters
149	149	voting at an election held for that purpose.
150	150	(b) A contract approved by the district voters may contain a
151	151	provision stating that the contract may be modified or amended by
152	152	the board without further voter approval.
153	153	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	154	Sec. 7910.201. AUTHORITY TO ISSUE BONDS AND OTHER
155	155	OBLIGATIONS. The district may issue bonds or other obligations
156	156	payable wholly or partly from ad valorem taxes, impact fees,
157	157	revenue, contract payments, grants, or other district money, or any
158	158	combination of those sources, to pay for any authorized district
159	159	purpose.
160	160	Sec. 7910.202. TAXES FOR BONDS. At the time the district
161	161	issues bonds payable wholly or partly from ad valorem taxes, the
162	162	board shall provide for the annual imposition of a continuing
163	163	direct ad valorem tax, without limit as to rate or amount, while all
164	164	or part of the bonds are outstanding as required and in the manner
165	165	provided by Sections 54.601 and 54.602, Water Code.
166	166	Sec. 7910.203. BONDS FOR ROAD PROJECTS. At the time of
167	167	issuance, the total principal amount of bonds or other obligations
168	168	issued or incurred to finance road projects and payable from ad
169	169	valorem taxes may not exceed one-fourth of the assessed value of the
170	170	real property in the district.
171	171	SECTION 2. The Harris County Municipal Utility District No.
172	172	540 initially includes all the territory contained in the following
173	173	area:
174	174	TRACT 1
175	175	BEING 159.65 acres of land situated in the H. & T. C. R. R. Co.
176	176	Survey, Section 47, Block 2, Abstract Number 440, Harris County,
177	177	Texas, being all of that certain called 159.6531 acres conveyed to
178	178	Cunningham Interests, II, Ltd by deed recorded under Harris County
179	179	Clerk's File Number (H.C.C.F. No.) 20110175218, said 159.65 acre
180	180	tract being more particularly described by metes and bounds as
181	181	follows:
182	182	BEGINNING at a MAG Nail with shiner stamped "COSTELLO" found
183	183	for the Southeast corner of said 159.6531 acre tract and being in
184	184	the pavement of Stockdick School Road (width unknown) also being in
185	185	the centerline of Peek road (60-foot wide) as referenced in Volume
186	186	996, Page 491 of the Harris County Deed Records;
187	187	THENCE, S 87° 58' 23" W, a distance of 2,582.65 feet along
188	188	said Stockdick Road to the Southwest corner of said 159.6531 acre
189	189	tract;
190	190	THENCE, along the lines common to said 159.6531 acre tract
191	191	and the remainder of a called 160 acre tract described in Volume
192	192	1494, Page 230 of the Harris County Deed Records the following two
193	193	(2) courses and distances:
194	194	N 04° 45' 03" W, a distance of 309.54 feet to a 5/8-inch
195	195	iron rod with cap stamped "COSTELLO INC. RPLS 4416" found for
196	196	an interior ell corner of said 159.6531 acre tract;
197	197	S 88° 22' 39" W, a distance of 42.85 feet to the
198	198	Northeast corner of a called 3.00 acre tract described and
199	199	recorded under H.C.C.F. No. D978707 from which a found
200	200	5/8-inch iron rod with cap stamped "COSTELLO INC. RPLS 4416"
201	201	bears N 84° 28' W, 0.37 feet, also being the Southeast corner
202	202	of a called 158.33 acre tract described and recorded under
203	203	H.C.C.F. No. 20130266472;
204	204	THENCE, N 02° 04' 00" W, a distance of 2,330.87 feet along the
205	205	line common to said 158.33 acre tract and said 159.6531 acre tract
206	206	to the northern corner common to said 159.6531 acre tract and said
207	207	158.33 acre tract from which a found 5/8-inch iron rod with cap
208	208	stamped "COSTELLO INC. RPLS 4416" bears S 89° 21' W, 3.45 feet also
209	209	being the Southwest corner of a called 156.432 acre tract described
210	210	and recorded under H.C.C.F. No. V829107;
211	211	THENCE, N 87° 59' 16" E, a distance of 2,640.00 feet along the
212	212	North line of said 159.6531 acre tract and the South lines of said
213	213	156.432 acre tract and a called 9.7770 acre tract described and
214	214	recorded under H.C.C.F. No. G578991to the Northeast corner of said
215	215	159.6531 acre tract and the herein described tract from which a
216	216	found Nail with shiner stamped "COSTELLO" bears N 82° 39' W, 3.01
217	217	feet;
218	218	THENCE, S 02° 04' 00" E, a distance of 2,639.69 feet along and
219	219	with the centerline of said Peek Road to the POINT OF BEGINNING and
220	220	containing 159.65 acres of land. Bearing orientation is based on
221	221	the Texas Coordinate System South Central Zone 4204, NAD83.
222	222	TRACT 2
223	223	BEING 247.03 acres of land situated in the George Spencer
224	224	Survey, Abstract Number 1369 and the M. M. Willsey Survey, Abstract
225	225	Number 1459 of the H. & T. C. R. R. Co. Survey, Block 2, Harris
226	226	County, Texas, being all of that certain called 235.55 acres
227	227	conveyed to Cunningham Interests, II, Ltd by deed recorded under
228	228	Harris County Clerk's File Number (H.C.C.F. No.) 20120237422 and
229	229	all of that certain called 11.526 acres conveyed to Cunningham
230	230	Interests, II, Ltd by deed recorded under H.C.C.F. No. 20140170048,
231	231	said 247.03 acre tract being more particularly described by metes
232	232	and bounds as follows:
233	233	BEGINNING at a 5/8-inch iron rod with aluminum Texas
234	234	Department of Transportation (TxDot) cap found for the Southeast
235	235	corner of said 235.55 acre tract and being in the North right-of-way
236	236	line of Stockdick School Road (60-foot with, no deed found) also
237	237	being the West right-of-way line of said Stockdick Road (width
238	238	varies, no deed found);
239	239	THENCE, S 87° 56' 23" W, a distance of 3,929.03 feet along the
240	240	North right-of-way line of said Stockdick School Road to a 5/8-inch
241	241	iron rod found for the Southeast corner of a called 17.00 acre tract
242	242	described and recorded under H.C.C.F. No. V330498 and the Southwest
243	243	corner of said 235.55 acre tract and the herein described tract;
244	244	THENCE, N 01° 59' 51" W, a distance of 851.43 feet along the
245	245	line common to said 17.00 acre tract and said 235.55 acre tract to
246	246	the Northeast corner of said 17.00 acre tract and being the
247	247	Southeast corner of said 11.526 acre tract and from which a 1/2-inch
248	248	iron rod found bears S 87° 57' W, 4.59 feet;
249	249	THENCE, S 87° 57' 20" W, a distance of 378.38 feet along the
250	250	line common to said 17.00 acre tract and said 11.526 acre tract to
251	251	the Southwest corner of said 11.526 acre tract and the southeast
252	252	corner of a called 11.653 acre tract described and recorded under
253	253	H.C.C.F. No. Y103912, said point being in the centerline of South
254	254	Mayde Creek;
255	255	THENCE, along and with the centerline of South Mayde Creek,
256	256	same being the line common to said 11.526 acre tract and said 11.653
257	257	acre tract the following sixteen (16) courses and distances:
258	258	N 57° 32' 53" W, 185.76 feet to an angle point;
259	259	N 76° 58' 36" W, 5.99 feet to an angle point;
260	260	N 73° 39' 37" W, 44.16 feet to an angle point;
261	261	N 27° 46' 16" W, 24.43 feet to an angle point;
262	262	N 18° 48' 22" E, 80.98 feet to an angle point;
263	263	N 21° 42' 27" E, 261.01 feet to an angle point;
264	264	N 15° 34' 29" E, 88.96 feet to an angle point;
265	265	N 22° 02' 24" W, 81.87 feet to an angle point;
266	266	N 32° 50' 40" E, 34.54 feet to an angle point;
267	267	N 21° 18' 18" W, 20.21 feet to an angle point;
268	268	N 53° 13' 23" W, 47.36 feet to an angle point;
269	269	N 85° 03' 23" W, 176.78 feet to an angle point;
270	270	S 70° 36' 55" W, 107.89 feet to an angle point;
271	271	N 73° 03' 25" W, 44.61 feet to an angle point;
272	272	N 40° 29' 03" W, 186.40 feet to an angle point;
273	273	N 55° 40' 31" W, 60.60 feet to the most westerly
274	274	Northwest corner of the herein described tract and being in
275	275	the South line of a called 25.8950 acre tract described and
276	276	recorded under H.C.C.F. No. 20100452700;
277	277	THENCE, N 88° 03' 56" E, a distance of 966.73 feet along the
278	278	line common to said 25.8950 acre tract and said 11.256 acre tract to
279	279	the Northeast corner of said 11.256 acre tract and the Southeast
280	280	corner of said 25.8950 acre tract, being in the West line of said
281	281	235.55 acre tract and from which a found 3/8-inch iron rod bears S
282	282	87° 47' W, 6.77 feet;
283	283	THENCE, N 01° 59' 51" W, a distance of 882.01 feet along the
284	284	line common to said 235.55 acre tract and said 25.8950 acre tract to
285	285	the Northeast corner of said 25.8950 acre tract and the Northwest
286	286	corner of said 235.55 acre tract, being in the South line of a
287	287	called 7.016 acre tract described and recorded under H.C.C.F.
288	288	No. Y680341 and from which a found 3/8-inch iron rod bears S 83° 44'
289	289	W, 9.92 feet;
290	290	THENCE, N 87° 58' 30" E, a distance of 3,073.16 feet along the
291	291	North line of said 235.55 acre tract and South lines of said 7.016
292	292	acre tract and a called 5.8806 acre tract described and recorded
293	293	under H.C.C.F. No. X209587 also the South lines of Lot 61 through
294	294	Lot 76 of Katy Country Estates, an unrecorded subdivision to a
295	295	concrete monument found for the southeast corner of said Lot 76 and
296	296	the Southwest corner of a called 19.3136 acre tract described and
297	297	recorded under H.C.C.F. No. X407934;
298	298	THENCE, N 87° 46' 36" E, a distance of 852.54 feet continuing
299	299	along the North line of said 235.55 acre tract and South line of
300	300	said 19.3136 acre tract to a 3/8-inch iron rod found for the
301	301	Northeast corner of said 235.55 acre tract and the herein described
302	302	tract and the Southeast corner of said 19.3136 acre tract, said iron
303	303	rod being in the West right-of-way line of said Stockdick Road;
304	304	THENCE, S 02° 04' 14" E, a distance of 2,614.01 feet along said
305	305	West right-of-way line to the POINT OF BEGINNING and containing
306	306	247.03 acres of land. Bearing orientation is based on the Texas
307	307	Coordinate System South Central Zone 4204, NAD83.
308	308	SECTION 3. (a) The legal notice of the intention to
309	309	introduce this Act, setting forth the general substance of this
310	310	Act, has been published as provided by law, and the notice and a
311	311	copy of this Act have been furnished to all persons, agencies,
312	312	officials, or entities to which they are required to be furnished
313	313	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
314	314	Government Code.
315	315	(b) The governor, one of the required recipients, has
316	316	submitted the notice and Act to the Texas Commission on
317	317	Environmental Quality.
318	318	(c) The Texas Commission on Environmental Quality has filed
319	319	its recommendations relating to this Act with the governor, the
320	320	lieutenant governor, and the speaker of the house of
321	321	representatives within the required time.
322	322	(d) All requirements of the constitution and laws of this
323	323	state and the rules and procedures of the legislature with respect
324	324	to the notice, introduction, and passage of this Act are fulfilled
325	325	and accomplished.
326	326	SECTION 4. (a) If this Act does not receive a two-thirds
327	327	vote of all the members elected to each house, Subchapter C, Chapter
328	328	7910, Special District Local Laws Code, as added by Section 1 of
329	329	this Act, is amended by adding Section 7910.106 to read as follows:
330	330	Sec. 7910.106. NO EMINENT DOMAIN POWER. The district may
331	331	not exercise the power of eminent domain.
332	332	(b) This section is not intended to be an expression of a
333	333	legislative interpretation of the requirements of Section 17(c),
334	334	Article I, Texas Constitution.
335	335	SECTION 5. This Act takes effect immediately if it receives
336	336	a vote of two-thirds of all the members elected to each house, as
337	337	provided by Section 39, Article III, Texas Constitution. If this
338	338	Act does not receive the vote necessary for immediate effect, this
339	339	Act takes effect September 1, 2015.