Texas 2015 - 84th Regular

Texas House Bill HB4164 Compare Versions

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1	1	84R8140 TSR-F
2	2	By: Schofield H.B. No. 4164
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. 541; 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 7915 to read as follows:
13	13	CHAPTER 7915. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 541
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 7915.001. 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. 541.
22	22	Sec. 7915.002. 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. 7915.003. 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. 7915.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section 7915.003
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. 7915.005. 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. 7915.006. 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. 7915.051. 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 7915.052, directors serve
61	61	staggered four-year terms.
62	62	Sec. 7915.052. 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 7915.003; 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 7915.003 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 7915.003; 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. 7915.101. 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. 7915.102. 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. 7915.103. 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. 7915.104. 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. 7915.105. 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. 7915.151. 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 7915.153.
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. 7915.152. OPERATION AND MAINTENANCE TAX. (a) If
139	139	authorized at an election held under Section 7915.151, 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. 7915.153. 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. 7915.201. 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. 7915.202. 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. 7915.203. 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	541 initially includes all the territory contained in the following
173	173	area:
174	174	BEING a 637.0485 acre tract of land situated in the H. & T.C.
175	175	R.R. Co. Survey, Section 29, Abstract No. 445 and the W. Williamson
176	176	Survey, Abstract No. 1592 of Harris County, Texas and being all of
177	177	both called 320 acre tracts of land as described in an instrument to
178	178	J.J. Sweeney recorded under Volume 583, Page 18 of the Harris County
179	179	Deed Records (H.C.D.R.), said 637.0485 acre tract of land being
180	180	more particularly described by metes and bounds as follows:
181	181	BEGINNING at a 5/8-inch iron rod found for the common
182	182	southeast corner of the herein described tract and said east 320
183	183	acre tract, same being the southwest corner of a called 160.166 acre
184	184	tract of land as described in an instrument to J. Glenn Lee and
185	185	Wife, Cindy N. Lee recorded under Harris County Clerk's File
186	186	(H.C.C.F.) No. R109039, lying on the centerline of Longenbaugh Road
187	187	(60 feet wide, as occupied);
188	188	THENCE, S 87° 54' 03" W, a distance of 2,639.38 feet along and
189	189	with the centerline of said Longenbaugh Road, same being the south
190	190	line of said east 320 acre tract to a 5/8-inch iron rod found for the
191	191	southwest corner of said east 320 acre tract, same being the
192	192	southeast corner of said west 320 acre tract;
193	193	THENCE, S 87° 59' 00" W, a distance of 2,618.48 feet
194	194	continuing along and with the centerline of said Longenbaugh Road,
195	195	same being the south line of said west 320 acre tract to a 5/8-inch
196	196	iron rod found for the common southwest corner of the herein
197	197	described tract and said west 320 acre tract, same being the
198	198	southeast corner of a called 161.471 acre tract of land as described
199	199	in an instrument to Brad Jason Miles, Kathleen D. Miles, And Charles
200	200	T. Miles II recorded under H.C.C.F. No. 20090160794;
201	201	THENCE, N 02° 04' 46" W, a distance of 5,287.28 feet along and
202	202	with the west line of said west 320 acre tract, same being the east
203	203	line of said 161.471 acre tract to a 1/2-inch iron rod found for the
204	204	common northwest corner of the herein described tract and said west
205	205	320 acre tract, same being the northeast corner of said 161.471 acre
206	206	tract, line on the south line of a called 865.361 acre tract of land
207	207	as described in an instrument to Harris County recorded under
208	208	H.C.C.F. No. V264935;
209	209	THENCE, N 87° 52' 52" E, a distance of 2,618.10 feet along and
210	210	with the north line of said west 320 acre tract, same being the
211	211	south line of said 865.361 acre tract to the northeast corner of
212	212	said west 320 acre tract, same being the southeast corner of said
213	213	865.361 acre tract, lying on the west line of a called 643.03 acre
214	214	tract of land as described in an instrument to Fry Road Venture,
215	215	L.P. recorded under H.C.C.F. No. Z078090;
216	216	THENCE, S 02° 05' 01" E, a distance of 24.94 feet along and
217	217	with the east line of said west 320 acre tract, same being the west
218	218	line of said 643.03 acre tract to a 5/8-inch iron rod with cap
219	219	stamped "Brown & Gay" found for the northwest corner of said east
220	220	320 acre tract, same being the southwest corner of said 643.03 acre
221	221	tract;
222	222	THENCE, N 87° 45' 10" E, a distance of 2,631.07 feet along and
223	223	with the north line of said east 320 acre tract, same being the
224	224	south line of said 643.03 acre tract to the common northeast corner
225	225	of the herein described tract and said east 320 acre tract, same
226	226	being the common northwest corner of the J.W. METZLER'S
227	227	SUBDIVISION, a subdivision per plat recorded under Volume 500, Page
228	228	235 of the H.C.D.R. and a tract of land as described as Lots A & D of
229	229	said J.W. METZLER'S SUBDIVISION in an instrument to David Alan
230	230	Crowell 1967 Education Trust recorded under H.C.C.F. No. E302631;
231	231	THENCE, S 02° 16' 03" E, a distance of 2,640.09 feet along and
232	232	with the east line of said east 320 acre tract, same being the west
233	233	line of said J.W. METZLER'S SUBDIVISION to the southwest corner of
234	234	said J.W. METZLER'S SUBDIVISION, same being the northwest corner of
235	235	said 160.166 acre tract;
236	236	THENCE, S 02° 04' 49" E, a distance of 2,633.74 feet
237	237	continuing along and with the east line of said east 320 acre tract,
238	238	same being the west line of said 160.166 acre tract to the POINT OF
239	239	BEGINNING and containing 637.0485 acres of land.
240	240	Bearing orientation is based on the Texas Coordinate System,
241	241	South Central Zone 4204, NAD-83 and is referenced to monuments
242	242	found along the center line of Longenbaugh Road as cited herein.
243	243	SECTION 3. (a) The legal notice of the intention to
244	244	introduce this Act, setting forth the general substance of this
245	245	Act, has been published as provided by law, and the notice and a
246	246	copy of this Act have been furnished to all persons, agencies,
247	247	officials, or entities to which they are required to be furnished
248	248	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
249	249	Government Code.
250	250	(b) The governor, one of the required recipients, has
251	251	submitted the notice and Act to the Texas Commission on
252	252	Environmental Quality.
253	253	(c) The Texas Commission on Environmental Quality has filed
254	254	its recommendations relating to this Act with the governor, the
255	255	lieutenant governor, and the speaker of the house of
256	256	representatives within the required time.
257	257	(d) All requirements of the constitution and laws of this
258	258	state and the rules and procedures of the legislature with respect
259	259	to the notice, introduction, and passage of this Act are fulfilled
260	260	and accomplished.
261	261	SECTION 4. (a) If this Act does not receive a two-thirds
262	262	vote of all the members elected to each house, Subchapter C, Chapter
263	263	7915, Special District Local Laws Code, as added by Section 1 of
264	264	this Act, is amended by adding Section 7915.106 to read as follows:
265	265	Sec. 7915.106. NO EMINENT DOMAIN POWER. The district may
266	266	not exercise the power of eminent domain.
267	267	(b) This section is not intended to be an expression of a
268	268	legislative interpretation of the requirements of Section 17(c),
269	269	Article I, Texas Constitution.
270	270	SECTION 5. This Act takes effect immediately if it receives
271	271	a vote of two-thirds of all the members elected to each house, as
272	272	provided by Section 39, Article III, Texas Constitution. If this
273	273	Act does not receive the vote necessary for immediate effect, this
274	274	Act takes effect September 1, 2015.