Texas 2015 - 84th Regular

Texas House Bill HB4190 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R22966 SLB-F
2	2	By: Dutton H.B. No. 4190
3	3	Substitute the following for H.B. No. 4190:
4	4	By: Martinez Fischer C.S.H.B. No. 4190
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	relating to the creation of the Harris County Municipal Utility
9	9	District No. 546; granting a limited power of eminent domain;
10	10	providing authority to issue bonds; providing authority to impose
11	11	assessments, fees, and taxes.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle F, Title 6, Special District Local Laws
14	14	Code, is amended by adding Chapter 7952 to read as follows:
15	15	CHAPTER 7952. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 546
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 7952.001. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "Commission" means the Texas Commission on
20	20	Environmental Quality.
21	21	(3) "Director" means a board member.
22	22	(4) "District" means the Harris County Municipal
23	23	Utility District No. 546.
24	24	Sec. 7952.002. NATURE OF DISTRICT. The district is a
25	25	municipal utility district created under Section 59, Article XVI,
26	26	Texas Constitution.
27	27	Sec. 7952.003. CONFIRMATION AND DIRECTORS' ELECTION
28	28	REQUIRED. The temporary directors shall hold an election to
29	29	confirm the creation of the district and to elect five permanent
30	30	directors as provided by Section 49.102, Water Code.
31	31	Sec. 7952.004. CONSENT OF MUNICIPALITY REQUIRED. The
32	32	temporary directors may not hold an election under Section 7952.003
33	33	until each municipality in whose corporate limits or
34	34	extraterritorial jurisdiction the district is located has
35	35	consented by ordinance or resolution to the creation of the
36	36	district and to the inclusion of land in the district.
37	37	Sec. 7952.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
38	38	The district is created to serve a public purpose and benefit.
39	39	(b) The district is created to accomplish the purposes of:
40	40	(1) a municipal utility district as provided by
41	41	general law and Section 59, Article XVI, Texas Constitution; and
42	42	(2) Section 52, Article III, Texas Constitution, that
43	43	relate to the construction, acquisition, improvement, operation,
44	44	or maintenance of macadamized, graveled, or paved roads, or
45	45	improvements, including storm drainage, in aid of those roads.
46	46	Sec. 7952.006. INITIAL DISTRICT TERRITORY. (a) The
47	47	district is initially composed of the territory described by
48	48	Section 2 of the Act enacting this chapter.
49	49	(b) The boundaries and field notes contained in Section 2 of
50	50	the Act enacting this chapter form a closure. A mistake made in the
51	51	field notes or in copying the field notes in the legislative process
52	52	does not affect the district's:
53	53	(1) organization, existence, or validity;
54	54	(2) right to issue any type of bond for the purposes
55	55	for which the district is created or to pay the principal of and
56	56	interest on a bond;
57	57	(3) right to impose a tax; or
58	58	(4) legality or operation.
59	59	SUBCHAPTER B. BOARD OF DIRECTORS
60	60	Sec. 7952.051. GOVERNING BODY; TERMS. (a) The district is
61	61	governed by a board of five elected directors.
62	62	(b) Except as provided by Section 7952.052, directors serve
63	63	staggered four-year terms.
64	64	Sec. 7952.052. TEMPORARY DIRECTORS. (a) On or after the
65	65	effective date of the Act enacting this chapter, the owner or owners
66	66	of a majority of the assessed value of the real property in the
67	67	district may submit a petition to the commission requesting that
68	68	the commission appoint as temporary directors the five persons
69	69	named in the petition. The commission shall appoint as temporary
70	70	directors the five persons named in the petition.
71	71	(b) Temporary directors serve until the earlier of:
72	72	(1) the date permanent directors are elected under
73	73	Section 7952.003; or
74	74	(2) the fourth anniversary of the effective date of
75	75	the Act enacting this chapter.
76	76	(c) If permanent directors have not been elected under
77	77	Section 7952.003 and the terms of the temporary directors have
78	78	expired, successor temporary directors shall be appointed or
79	79	reappointed as provided by Subsection (d) to serve terms that
80	80	expire on the earlier of:
81	81	(1) the date permanent directors are elected under
82	82	Section 7952.003; or
83	83	(2) the fourth anniversary of the date of the
84	84	appointment or reappointment.
85	85	(d) If Subsection (c) applies, the owner or owners of a
86	86	majority of the assessed value of the real property in the district
87	87	may submit a petition to the commission requesting that the
88	88	commission appoint as successor temporary directors the five
89	89	persons named in the petition. The commission shall appoint as
90	90	successor temporary directors the five persons named in the
91	91	petition.
92	92	SUBCHAPTER C. POWERS AND DUTIES
93	93	Sec. 7952.101. GENERAL POWERS AND DUTIES. The district has
94	94	the powers and duties necessary to accomplish the purposes for
95	95	which the district is created.
96	96	Sec. 7952.102. MUNICIPAL UTILITY DISTRICT POWERS AND
97	97	DUTIES. The district has the powers and duties provided by the
98	98	general law of this state, including Chapters 49 and 54, Water Code,
99	99	applicable to municipal utility districts created under Section 59,
100	100	Article XVI, Texas Constitution.
101	101	Sec. 7952.103. AUTHORITY FOR ROAD PROJECTS. Under Section
102	102	52, Article III, Texas Constitution, the district may design,
103	103	acquire, construct, finance, issue bonds for, improve, operate,
104	104	maintain, and convey to this state, a county, or a municipality for
105	105	operation and maintenance macadamized, graveled, or paved roads, or
106	106	improvements, including storm drainage, in aid of those roads.
107	107	Sec. 7952.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
108	108	project must meet all applicable construction standards, zoning and
109	109	subdivision requirements, and regulations of each municipality in
110	110	whose corporate limits or extraterritorial jurisdiction the road
111	111	project is located.
112	112	(b) If a road project is not located in the corporate limits
113	113	or extraterritorial jurisdiction of a municipality, the road
114	114	project must meet all applicable construction standards,
115	115	subdivision requirements, and regulations of each county in which
116	116	the road project is located.
117	117	(c) If the state will maintain and operate the road, the
118	118	Texas Transportation Commission must approve the plans and
119	119	specifications of the road project.
120	120	Sec. 7952.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
121	121	OR RESOLUTION. The district shall comply with all applicable
122	122	requirements of any ordinance or resolution that is adopted under
123	123	Section 54.016 or 54.0165, Water Code, and that consents to the
124	124	creation of the district or to the inclusion of land in the
125	125	district.
126	126	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
127	127	Sec. 7952.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
128	128	district may issue, without an election, bonds and other
129	129	obligations secured by:
130	130	(1) revenue other than ad valorem taxes; or
131	131	(2) contract payments described by Section 7952.153.
132	132	(b) The district must hold an election in the manner
133	133	provided by Chapters 49 and 54, Water Code, to obtain voter approval
134	134	before the district may impose an ad valorem tax or issue bonds
135	135	payable from ad valorem taxes.
136	136	(c) The district may not issue bonds payable from ad valorem
137	137	taxes to finance a road project unless the issuance is approved by a
138	138	vote of a two-thirds majority of the district voters voting at an
139	139	election held for that purpose.
140	140	Sec. 7952.152. OPERATION AND MAINTENANCE TAX. (a) If
141	141	authorized at an election held under Section 7952.151, the district
142	142	may impose an operation and maintenance tax on taxable property in
143	143	the district in accordance with Section 49.107, Water Code.
144	144	(b) The board shall determine the tax rate. The rate may not
145	145	exceed the rate approved at the election.
146	146	Sec. 7952.153. CONTRACT TAXES. (a) In accordance with
147	147	Section 49.108, Water Code, the district may impose a tax other than
148	148	an operation and maintenance tax and use the revenue derived from
149	149	the tax to make payments under a contract after the provisions of
150	150	the contract have been approved by a majority of the district voters
151	151	voting at an election held for that purpose.
152	152	(b) A contract approved by the district voters may contain a
153	153	provision stating that the contract may be modified or amended by
154	154	the board without further voter approval.
155	155	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
156	156	Sec. 7952.201. AUTHORITY TO ISSUE BONDS AND OTHER
157	157	OBLIGATIONS. The district may issue bonds or other obligations
158	158	payable wholly or partly from ad valorem taxes, impact fees,
159	159	revenue, contract payments, grants, or other district money, or any
160	160	combination of those sources, to pay for any authorized district
161	161	purpose.
162	162	Sec. 7952.202. TAXES FOR BONDS. At the time the district
163	163	issues bonds payable wholly or partly from ad valorem taxes, the
164	164	board shall provide for the annual imposition of a continuing
165	165	direct ad valorem tax, without limit as to rate or amount, while all
166	166	or part of the bonds are outstanding as required and in the manner
167	167	provided by Sections 54.601 and 54.602, Water Code.
168	168	Sec. 7952.203. BONDS FOR ROAD PROJECTS. At the time of
169	169	issuance, the total principal amount of bonds or other obligations
170	170	issued or incurred to finance road projects and payable from ad
171	171	valorem taxes may not exceed one-fourth of the assessed value of the
172	172	real property in the district.
173	173	SECTION 2. The Harris County Municipal Utility District
174	174	No. 546 initially includes all the territory contained in the
175	175	following area:
176	176	OF 193.5821 acres of land out of a called 264.2883 acres tract
177	177	(Tract One) conveyed by deed dated December 06, 2012 to Murff Family
178	178	Land, L.L.C., as recorded in Harris County Clerk's File
179	179	No. 20120574760 of the Deed Records of Harris County, Texas. Said
180	180	193.5821 acres being situated in the Humphrey Jackson Survey,
181	181	Abstract No. 37, Harris County, Texas, and being more particularly
182	182	described by metes and bounds as follows: (bearings based on NAD83
183	183	State Plane Coordinate System, South Central Zone)
184	184	BEGINNING at a 1/2" iron rod with cap stamped "BHA" found for
185	185	the northwest corner of said 264.2883 acres, said iron rod being in
186	186	the south line of a called 497.4 acre tract conveyed by deed dated
187	187	November 29, 1996 to Lakewood Development Corporation as recorded
188	188	in Harris County Clerk's File No. S302347 of the Deed Records of
189	189	Harris County, Texas, and being in the east line of a 100' wide T. &
190	190	N. O. Railroad right-of-way;
191	191	THENCE North 87° 48' 24" East, along the north line of said
192	192	264.2883 acres and the south line of said 497.4 acres, for a
193	193	distance of 3986.05 feet to a 1/2 inch iron rod found for the
194	194	northwest corner of a called 72.1467 acre tract conveyed by deed
195	195	dated May 8, 2013 to Crosby Independent School District as recorded
196	196	in Harris County Clerk's File No. 20130222478 of the Deed Records
197	197	of Harris County, Texas;
198	198	THENCE South 02° 55' 25" East, along the west line of said
199	199	72.1467 acres, for a distance of 1958.79 feet to a 1/2 inch iron rod
200	200	with cap found for the southwest corner of said 72.1467 acres, same
201	201	being in the south line of said 264.2883 acres;
202	202	THENCE South 87° 54' 17" West, along the south line of said
203	203	264.2883 acres for a distance of 4591.97 feet to the southwest
204	204	corner of said 264.2883 acres;
205	205	THENCE North 12° 45' 07" East, along the west line of said
206	206	264.2883 acres and the east line of said 100' wide T. & N. O.
207	207	Railroad right-of-way, for a distance of 1392.92 feet to a point for
208	208	corner;
209	209	THENCE along a curve to the right having a radius of 3170.40
210	210	feet, a central angle 11° 39' 51", a chord bearing and distance of N
211	211	17° 56' 06" E - 644.31 feet, and an arc length of 645.42 feet to the
212	212	PLACE OF BEGINNING of the herein described tract of land and
213	213	containing within these calls 193.5821 acres or 8,432,434.35 square
214	214	feet of land.
215	215	SECTION 3. (a) The legal notice of the intention to
216	216	introduce this Act, setting forth the general substance of this
217	217	Act, has been published as provided by law, and the notice and a
218	218	copy of this Act have been furnished to all persons, agencies,
219	219	officials, or entities to which they are required to be furnished
220	220	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
221	221	Government Code.
222	222	(b) The governor, one of the required recipients, has
223	223	submitted the notice and Act to the Texas Commission on
224	224	Environmental Quality.
225	225	(c) The Texas Commission on Environmental Quality has filed
226	226	its recommendations relating to this Act with the governor, the
227	227	lieutenant governor, and the speaker of the house of
228	228	representatives within the required time.
229	229	(d) All requirements of the constitution and laws of this
230	230	state and the rules and procedures of the legislature with respect
231	231	to the notice, introduction, and passage of this Act are fulfilled
232	232	and accomplished.
233	233	SECTION 4. (a) If this Act does not receive a two-thirds
234	234	vote of all the members elected to each house, Subchapter C, Chapter
235	235	7952, Special District Local Laws Code, as added by Section 1 of
236	236	this Act, is amended by adding Section 7952.106 to read as follows:
237	237	Sec. 7952.106. NO EMINENT DOMAIN POWER. The district may
238	238	not exercise the power of eminent domain.
239	239	(b) This section is not intended to be an expression of a
240	240	legislative interpretation of the requirements of Section 17(c),
241	241	Article I, Texas Constitution.
242	242	SECTION 5. This Act takes effect immediately if it receives
243	243	a vote of two-thirds of all the members elected to each house, as
244	244	provided by Section 39, Article III, Texas Constitution. If this
245	245	Act does not receive the vote necessary for immediate effect, this
246	246	Act takes effect September 1, 2015.