Texas 2015 - 84th Regular

Texas House Bill HB4198 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	84R23639 TSR-F
2	2	By: Schofield H.B. No. 4198
3	3	Substitute the following for H.B. No. 4198:
4	4	By: Martinez Fischer C.S.H.B. No. 4198
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. 543; 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 7933 to read as follows:
15	15	CHAPTER 7933. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 543
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 7933.001. 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. 543.
24	24	Sec. 7933.002. 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. 7933.003. 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. 7933.004. CONSENT OF MUNICIPALITY REQUIRED. The
32	32	temporary directors may not hold an election under Section 7933.003
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. 7933.005. 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. 7933.006. 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. 7933.051. 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 7933.052, directors serve
63	63	staggered four-year terms.
64	64	Sec. 7933.052. TEMPORARY DIRECTORS. (a) The temporary board
65	65	consists of:
66	66	(1) Rose Montalbano;
67	67	(2) Calvin Browne;
68	68	(3) Ryan Quinn;
69	69	(4) Tamara Webb; and
70	70	(5) Stephanie Bowden.
71	71	(b) Temporary directors serve until the earlier of:
72	72	(1) the date permanent directors are elected under
73	73	Section 7933.003; 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 7933.003 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 7933.003; 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. 7933.101. 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. 7933.102. 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. 7933.103. 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. 7933.104. 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. 7933.105. 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. 7933.151. 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 7933.153.
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. 7933.152. OPERATION AND MAINTENANCE TAX. (a) If
141	141	authorized at an election held under Section 7933.151, 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. 7933.153. 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. 7933.201. 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. 7933.202. 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. 7933.203. 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 No.
174	174	543 initially includes all the territory contained in the following
175	175	area:
176	176	BEING a 423.48 acre (18,446,664 square foot) tract of land
177	177	situated in the H. & T. C. R.R. Co. Survey Sec. 20, J.A. Arnold
178	178	Survey, Abstract No. 1376 (W.L. Mounts Survey A-1376) and the H. &
179	179	T.C.R.R. Co. Survey Sec. 21, Abstract No. 424 of Harris County,
180	180	Texas and being all of a called 40 acre tract of land described in an
181	181	instrument to C.E. Freeman filed for record under Volume 1203, Page
182	182	77 of the Harris County Deed Records (H.C.D.R.), all of a called
183	183	300.05 acre tract of land described in an instrument to C.E. Freeman
184	184	filed for record under Volume 1691, Page 734, H.C.D.R. and all of a
185	185	called 79.916 acre tract of land described in an instrument to C.E.
186	186	Freeman filed for record under Volume 3599, Page 60, H.C.D.R, said
187	187	423.48 acre tract of land being more particularly described by
188	188	metes and bounds as follows:
189	189	BEGINNING at a 1/2-inch iron pipe found inside of a 2-inch
190	190	iron pipe (Control Monument) for the Northwest corner of said
191	191	300.05 acre tract and the Northwest corner of the herein described
192	192	423.48 acre tract, same being the Northeast corner of Lot 21 of
193	193	J.W. Metzler's Subdivision, a subdivision plat filed for record
194	194	under Volume 500, Page 235 of the Harris County Deed Records, said
195	195	Lot 21 being part of a called 26.810 acre tract described in an
196	196	instrument to Karim Virani filed for record under Harris County
197	197	Clerk's File No. (H.C.C.F.) V510692, same also being in the South
198	198	line of a called 638.41 acre tract of land described in an
199	199	instrument to Fry Road Venture, L.P. filed for record under
200	200	H.C.C.F. No. Z078087;
201	201	THENCE, N 87°48'42" E, a distance of 3,695.86 feet along and
202	202	with the South line of said 638.41 acre tract and the North line of
203	203	said 300.05 acre tract and said 79.916 acre tract to a 1-1/4 inch
204	204	iron pipe found (Control Monument) for the Northeast corner of said
205	205	79.916 acre tract and the Northeast corner of the herein described
206	206	423.48 acre tract, same being a Northwest corner of a called
207	207	616.0368 acre tract of land described in an instrument to Mcgill
208	208	Legacy, Ltd. filed for record under H.C.C.F. No. S326025;
209	209	THENCE, S 02°04'46" E, a distance of 3,775.47 feet along and
210	210	with the East line of said 79.916 acre tract and a West line of said
211	211	616.0368 acre tract to a 1/2-inch iron rod found for angle point,
212	212	same being the Southeast corner of said 79.916 acre tract, a
213	213	Northeast corner of said 300.05 acre tract, a Southwest corner of
214	214	said 616.0368 acre tract and the Northwest corner of a called
215	215	74.4739 acre tract of land described in an instrument to Melage, LP
216	216	filed for record under H.C.C.F. No. 20080160063;
217	217	THENCE, S 02°09'39" E, a distance of 1,226.46 feet along and
218	218	with the East line of said 300.05 acre tract and the West line of
219	219	said 74.4739 acre tract to a 1-inch iron pipe found for the
220	220	Southeast corner of said 300.05 acre tract, the Northeast corner of
221	221	a called 460.6459 acre tract described in an instrument to Cowden
222	222	Walter Limited Partnership filed for record under H.C.C.F.
223	223	No. Y15284 and the Southeast corner of the herein described 423.48
224	224	acre tract;
225	225	THENCE, S 87°52'33" W, a distance of 3,687.27 feet along and
226	226	with the South line of said 300.05 acre tract and the South line of
227	227	said 40 acre tract to a 1/2-inch iron pipe with cap stamped "Brown &
228	228	Gay" set in the centerline of Stockdick Road (unimproved) for the
229	229	Southwest corner of the herein described tract, same being the
230	230	Southwest corner of said 40 acre tract, same also being the
231	231	Southwest corner of a 30-foot right-of-way described in an
232	232	instrument to the County of Harris filed for record under Volume
233	233	1116, Pg. 304 of the Harris County Deed Records, and from which a
234	234	1/2-inch iron pipe bears S 81° 28' 24" E, 3.62 feet and a found
235	235	5/8-inch iron rod bears N 87° 52' 33" E, 30.00 feet;
236	236	THENCE, N 02°06'55" W, along and with the West line of said 40
237	237	acre tract, the West line of said 30-foot right-of-way tract and the
238	238	centerline of said Stockdick School Road, at a distance of 1,475.00
239	239	feet passing the Northwest corner of said 30-foot right-of-way
240	240	tract, the Northwest corner of said 40 acre tract, a Southwest
241	241	corner of said 300.05 acre tract, the terminus of said Stockdick
242	242	School Road and continuing for a total distance of 2,360.64 feet to
243	243	a 5/8-inch iron rod found for the Southeast corner of Lot 40 of J.W.
244	244	Metzler's Subdivision, a subdivision plat filed for record under
245	245	Volume 500, Page 235, H.C.D.R., same also being the Southeast
246	246	corner of a called 20 acre tract described in an instrument to J.
247	247	Glenn Lee filed for record under H.C.C.F. No. S385762;
248	248	THENCE, N 02°20'41" W, a distance of 657.08 feet along and
249	249	with the West line of said 300.05 acre tract and the East line of
250	250	Lots 40 through 36 of said Metzler's Subdivision to a 1/2-inch iron
251	251	pipe found for and angle point, same being the Northeast corner of
252	252	Lot 36 of said Metzler's Subdivision, the Northeast corner of said
253	253	20 acre tract and the Southeast corner of a called 0.8128 acre tract
254	254	of land described as Parcel 30A in an instrument to the County of
255	255	Harris filed for record under H.C.C.F. No. 20090413850;
256	256	THENCE, N 02°14'50" W, along and with the West line of said
257	257	300.05 acre tract and the East line of said 0.8128 acre tract, at a
258	258	distance of 1,056.00 passing the Northeast corner of said 0.8128
259	259	acre tract, the Southeast corner of Lot 27 of said Metzler's
260	260	Subdivision, the Southeast corner of the remainder of said called
261	261	26.810 acre tract and continuing along and with the West line of
262	262	said 300.05 acre tract and the East line of the remainder of Lots 27
263	263	through 21 of said Metzler's Subdivision for a total distance of
264	264	1,980.09 feet to the POINT OF BEGINNING and containing 423.48 acres
265	265	(18,446,664 square feet) of land.
266	266	SECTION 3. (a) The legal notice of the intention to
267	267	introduce this Act, setting forth the general substance of this
268	268	Act, has been published as provided by law, and the notice and a
269	269	copy of this Act have been furnished to all persons, agencies,
270	270	officials, or entities to which they are required to be furnished
271	271	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
272	272	Government Code.
273	273	(b) The governor, one of the required recipients, has
274	274	submitted the notice and Act to the Texas Commission on
275	275	Environmental Quality.
276	276	(c) The Texas Commission on Environmental Quality has filed
277	277	its recommendations relating to this Act with the governor, the
278	278	lieutenant governor, and the speaker of the house of
279	279	representatives within the required time.
280	280	(d) All requirements of the constitution and laws of this
281	281	state and the rules and procedures of the legislature with respect
282	282	to the notice, introduction, and passage of this Act are fulfilled
283	283	and accomplished.
284	284	SECTION 4. (a) If this Act does not receive a two-thirds
285	285	vote of all the members elected to each house, Subchapter C, Chapter
286	286	7933, Special District Local Laws Code, as added by Section 1 of
287	287	this Act, is amended by adding Section 7933.106 to read as follows:
288	288	Sec. 7933.106. NO EMINENT DOMAIN POWER. The district may
289	289	not exercise the power of eminent domain.
290	290	(b) This section is not intended to be an expression of a
291	291	legislative interpretation of the requirements of Section 17(c),
292	292	Article I, Texas Constitution.
293	293	SECTION 5. This Act takes effect immediately if it receives
294	294	a vote of two-thirds of all the members elected to each house, as
295	295	provided by Section 39, Article III, Texas Constitution. If this
296	296	Act does not receive the vote necessary for immediate effect, this
297	297	Act takes effect September 1, 2015.