Texas 2015 - 84th Regular

Texas House Bill HB4201 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R9632 TSR-F
2	2	By: Smith H.B. No. 4201
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. 544; 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 7924 to read as follows:
13	13	CHAPTER 7924. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 544
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 7924.001. 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. 544.
22	22	Sec. 7924.002. 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. 7924.003. 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. 7924.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section 7924.003
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. 7924.005. 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. 7924.006. 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	Sec. 7924.007. ELIGIBILITY FOR INCLUSION IN TAX INCREMENT
58	58	REINVESTMENT ZONE. (a) The district is eligible to be included in
59	59	a tax increment reinvestment zone created under Chapter 311, Tax
60	60	Code.
61	61	(b) If the City of Houston has created or creates a tax
62	62	increment reinvestment zone described by Subsection (a) that
63	63	includes all or part of the territory of the district, the City of
64	64	Houston and the board of directors of the zone or a developer of
65	65	property within the tax increment reinvestment zone that receives
66	66	or will receive money from the tax increment fund, by contract with
67	67	the district, may grant money to the district from the tax increment
68	68	fund to be used for a permissible purpose of the district,
69	69	including:
70	70	(1) the right to pledge the money as security for a
71	71	bond or other obligation issued by the district; and
72	72	(2) any permissible purpose of a corporation under
73	73	Section 380.002(b), Local Government Code.
74	74	SUBCHAPTER B. BOARD OF DIRECTORS
75	75	Sec. 7924.051. GOVERNING BODY; TERMS. (a) The district is
76	76	governed by a board of five elected directors.
77	77	(b) Except as provided by Section 7924.052, directors serve
78	78	staggered four-year terms.
79	79	Sec. 7924.052. TEMPORARY DIRECTORS. (a) On or after the
80	80	effective date of the Act enacting this chapter, the owner or owners
81	81	of a majority of the assessed value of the real property in the
82	82	district may submit a petition to the commission requesting that
83	83	the commission appoint as temporary directors the five persons
84	84	named in the petition. The commission shall appoint as temporary
85	85	directors the five persons named in the petition.
86	86	(b) Temporary directors serve until the earlier of:
87	87	(1) the date permanent directors are elected under
88	88	Section 7924.003; or
89	89	(2) the fourth anniversary of the effective date of
90	90	the Act enacting this chapter.
91	91	(c) If permanent directors have not been elected under
92	92	Section 7924.003 and the terms of the temporary directors have
93	93	expired, successor temporary directors shall be appointed or
94	94	reappointed as provided by Subsection (d) to serve terms that
95	95	expire on the earlier of:
96	96	(1) the date permanent directors are elected under
97	97	Section 7924.003; or
98	98	(2) the fourth anniversary of the date of the
99	99	appointment or reappointment.
100	100	(d) If Subsection (c) applies, the owner or owners of a
101	101	majority of the assessed value of the real property in the district
102	102	may submit a petition to the commission requesting that the
103	103	commission appoint as successor temporary directors the five
104	104	persons named in the petition. The commission shall appoint as
105	105	successor temporary directors the five persons named in the
106	106	petition.
107	107	SUBCHAPTER C. POWERS AND DUTIES
108	108	Sec. 7924.101. GENERAL POWERS AND DUTIES. The district has
109	109	the powers and duties necessary to accomplish the purposes for
110	110	which the district is created.
111	111	Sec. 7924.102. MUNICIPAL UTILITY DISTRICT POWERS AND
112	112	DUTIES. The district has the powers and duties provided by the
113	113	general law of this state, including Chapters 49 and 54, Water Code,
114	114	applicable to municipal utility districts created under Section 59,
115	115	Article XVI, Texas Constitution.
116	116	Sec. 7924.103. AUTHORITY FOR ROAD PROJECTS. Under Section
117	117	52, Article III, Texas Constitution, the district may design,
118	118	acquire, construct, finance, issue bonds for, improve, operate,
119	119	maintain, and convey to this state, a county, or a municipality for
120	120	operation and maintenance macadamized, graveled, or paved roads, or
121	121	improvements, including storm drainage, in aid of those roads.
122	122	Sec. 7924.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
123	123	project must meet all applicable construction standards, zoning and
124	124	subdivision requirements, and regulations of each municipality in
125	125	whose corporate limits or extraterritorial jurisdiction the road
126	126	project is located.
127	127	(b) If a road project is not located in the corporate limits
128	128	or extraterritorial jurisdiction of a municipality, the road
129	129	project must meet all applicable construction standards,
130	130	subdivision requirements, and regulations of each county in which
131	131	the road project is located.
132	132	(c) If the state will maintain and operate the road, the
133	133	Texas Transportation Commission must approve the plans and
134	134	specifications of the road project.
135	135	Sec. 7924.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
136	136	OR RESOLUTION. (a) The district shall comply with all applicable
137	137	requirements of any ordinance or resolution that is adopted under
138	138	Section 54.016 or 54.0165, Water Code, and that consents to the
139	139	creation of the district or to the inclusion of land in the
140	140	district.
141	141	(b) In addition to all the rights and remedies provided by
142	142	other law, if the district violates the terms of an ordinance or
143	143	resolution described by Subsection (a), the municipality is
144	144	entitled to injunctive relief or a writ of mandamus issued by a
145	145	court requiring the district and the district's officials to
146	146	observe and comply with the terms of the ordinance or resolution.
147	147	Sec. 7924.106. EFFECT OF ANNEXATION BY CITY OF HOUSTON. (a)
148	148	The City of Houston may annex all or part of the district into its
149	149	corporate limits without annexing the entire district under the
150	150	terms of a development agreement between the City of Houston and the
151	151	owners of the land in the district that is covered by the
152	152	development agreement. If a development agreement is not executed
153	153	or the agreement has expired, nothing in this chapter limits the
154	154	right of the City of Houston to annex the district.
155	155	(b) If the City of Houston annexes all or part of the
156	156	district into its corporate limits:
157	157	(1) the district is not dissolved;
158	158	(2) the ability of the district to issue bonds is not
159	159	impaired or precluded; and
160	160	(3) unless otherwise approved by the board and the
161	161	governing body of the City of Houston, the city:
162	162	(A) may not take over the property or other
163	163	assets of the district;
164	164	(B) may not assume any debts, liabilities, or
165	165	other obligations of the district;
166	166	(C) is not obligated to perform any functions of
167	167	the district; and
168	168	(D) is not obligated to pay a landowner or
169	169	developer for expenses incurred by the landowner or developer in
170	170	connection with the district that would otherwise be eligible for
171	171	reimbursement from the proceeds of bonds issued by the district.
172	172	(c) Notwithstanding Section 54.016(f)(2), Water Code, an
173	173	allocation agreement between the City of Houston and the district
174	174	that provides for the allocation of the taxes or revenues of the
175	175	district and the city following the date of inclusion of all the
176	176	district's territory in the corporate limits of the city may
177	177	provide that the total annual ad valorem taxes collected by the city
178	178	and the district from taxable property in the district may exceed
179	179	the city's ad valorem tax on that property.
180	180	Sec. 7924.107. LIMITATION ON USE OF EMINENT DOMAIN. The
181	181	district may not exercise the power of eminent domain outside the
182	182	district without the written consent of the City of Houston.
183	183	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
184	184	Sec. 7924.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
185	185	district may issue, without an election, bonds and other
186	186	obligations secured by revenue other than ad valorem taxes.
187	187	(b) The district must hold an election in the manner
188	188	provided by Chapters 49 and 54, Water Code, to obtain voter approval
189	189	before the district may impose an ad valorem tax or issue bonds
190	190	payable from ad valorem taxes.
191	191	(c) The district may not issue bonds payable from ad valorem
192	192	taxes to finance a road project unless the issuance is approved by a
193	193	vote of a two-thirds majority of the district voters voting at an
194	194	election held for that purpose.
195	195	Sec. 7924.152. OPERATION AND MAINTENANCE TAX. (a) If
196	196	authorized at an election held under Section 7924.151, the district
197	197	may impose an operation and maintenance tax on taxable property in
198	198	the district in accordance with Section 49.107, Water Code.
199	199	(b) The board shall determine the tax rate. The rate may not
200	200	exceed the rate approved at the election.
201	201	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
202	202	Sec. 7924.201. AUTHORITY TO ISSUE BONDS AND OTHER
203	203	OBLIGATIONS. The district may issue bonds or other obligations
204	204	payable wholly or partly from ad valorem taxes, impact fees,
205	205	revenue, contract payments, grants, or other district money, or any
206	206	combination of those sources, to pay for any authorized district
207	207	purpose.
208	208	Sec. 7924.202. TAXES FOR BONDS. At the time the district
209	209	issues bonds payable wholly or partly from ad valorem taxes, the
210	210	board shall provide for the annual imposition of a continuing
211	211	direct ad valorem tax, without limit as to rate or amount, while all
212	212	or part of the bonds are outstanding as required and in the manner
213	213	provided by Sections 54.601 and 54.602, Water Code.
214	214	Sec. 7924.203. BONDS FOR ROAD PROJECTS. At the time of
215	215	issuance, the total principal amount of bonds or other obligations
216	216	issued or incurred to finance road projects and payable from ad
217	217	valorem taxes may not exceed one-fourth of the assessed value of the
218	218	real property in the district.
219	219	SECTION 2. The Harris County Municipal Utility District No.
220	220	544 initially includes all the territory contained in the following
221	221	area:
222	222	BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING
223	223	138.03 ACRES OF LAND SITUATED IN THE WILLIAM WHITLOCK SURVEY,
224	224	ABSTRACT NO. 85, HARRIS COUNTY, TEXAS, AND BEING ALL OF A CALLED
225	225	60.288 ACRE TRACT BEING PLATTED AS INDIAN SHORES SECTIONS NINE (9)
226	226	AND TEN (10), UNRECORDED AND A CALLED 77.817 ACRE TRACT RECORDED IN
227	227	VOLUME 1250, PAGE 74 HARRIS COUNTY DEED RECORDS, SAID 138.03 ACRE
228	228	TRACT BEING THE SAME 138.0268 ACRE TRACT AS RECORDED IN H.C.C.F., NO
229	229	W777169 AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS,
230	230	AS FOLLOWS TO-WIT:
231	231	Beginning at a 5/8 inch iron rod found in the north line of a
232	232	called 233.8 acre tract as recorded in H.C.C.F. No. Y604056 and
233	233	same being the Southeast corner of lot Four (4), Block Eighteen (18)
234	234	of Indian Shores Section 3, according to the map or plat recorded in
235	235	Volume 131, Page 32 Harris County Map Records (HCMR) and being the
236	236	Southeast corner of the called 60.288 acre tract and the Southeast
237	237	corner and PLACE OF BEGINNING of the tract herein described.
238	238	THENCE NORTH 87 DEGREES 42 MINUTES 19 SECONDS EAST, a
239	239	distance of 2299.67 feet with the north line of the Wheless tract to
240	240	a 1 inch iron pipe found for the Southwest corner Lot 1, Block 8 of
241	241	Rustic Acres Section 2, according to the map or plat recorded in
242	242	Volume 104, Page 809 Block Book for Harris County and being the
243	243	Southeast corner of the called 77.817 acre tract and the Southeast
244	244	corner of this tract herein described.
245	245	THENCE NORTH 17 DEGREES 11 MINUTES 18 SECONDS EAST, a
246	246	distance of 1499.32 feet, (called 1500.55 feet), with the west line
247	247	of said Rustic Acres Section 2 to a 5/8 inch iron rod found at the
248	248	intersection of the south right-of-way of Stoker Road, having a
249	249	right-of-way width of 100 feet, for the Northwest corner of Rustic
250	250	Acres Section 2 and same being the Southwest corner of Indian Shores
251	251	Section 6 according to the map of plat filed in Volume 165, Page 52
252	252	HCMR.
253	253	THENCE NORTH 17 DEGREES 05 MINUTES 22 SECONDS EAST, a
254	254	distance of 644.33 feet with the west line of said Indian Shores
255	255	Section 6 to a 5/8 inch iron rod found in the south line of Lot 2,
256	256	Block 6 of Indian Shores Section One according to the map or plat
257	257	recorded in Volume 119, Page 63 HCMR for the Northwest corner of
258	258	Indian Shores Section 6 and the Northeast corner of this tract
259	259	herein described.
260	260	THENCE FOLLOWING THE SOUTH BOUNDARY OF INDIAN SHORES SECTION
261	261	ONE (1) IN A WESTERLY DIRECTION AS FOLLOWS
262	262	THENCE SOUTH 87 DEGREES 51 MINUTES 26 SECONDS WEST, a
263	263	distance of 181.78 feet to a 5/8 inch iron rod found for an angle
264	264	point.
265	265	THENCE NORTH 84 DEGREES 11 MINUTES 58 SECONDS WEST, a
266	266	distance of 304.97 feet to a 1 inch iron pipe found for an angle
267	267	point,
268	268	THENCE NORTH 73 DEGREES 27 MINUTES 09 SECONDS WEST, a
269	269	distance of 274.25 feet to a 1/4 inch iron rod found for an angle
270	270	point,
271	271	THENCE NORTH 57 DEGREES 45 MINUTES 08 SECONDS WEST, a
272	272	distance of 954.57 feet to a 1 inch iron pipe found for the
273	273	Northeast corner of Lot One (1), Block Four (4) of Indian Shores
274	274	Section Two (2) according to the map or plat recorded in Volume 125,
275	275	Page 6 HCMR for the Northwest corner of this tract.
276	276	THENCE FOLLOWING THE EAST LINE OF SAID INDIAN SHORES SECTION
277	277	TWO (2) AS FOLLOWS:
278	278	THENCE SOUTH 40 DEGREES 25 MINUTES 36 SECONDS WEST, a
279	279	distance of 240.48 feet to a 1/2 inch iron rod found at the
280	280	Intersection with the south right-of-way of Running Bear Trail,
281	281	having a right-of-way width of sixty (60) feet.
282	282	THENCE NORTH 45 DEGREES 58 MINUTES 51 SECONDS WEST, a
283	283	distance of 30.35 feet with the south right-of-way of Running Bear
284	284	Trail to a 3/8 inch iron rod found for the Northeast corner at Lot 1,
285	285	Block 10 of said Section 2,
286	286	THENCE SOUTH 43 DEGREES 23 MINUTES 15 SECONDS WEST, a
287	287	distance of 223.16 feet to a 1/2 inch iron rod found for the
288	288	Southeast corner of said Lot 1, Block 10,
289	289	THENCE NORTH 26 DEGREES 19 MINUTES 19 SECONDS WEST, a
290	290	distance of 28.88 feet to a 1/2 inch iron rod found for the
291	291	Northeast corner of Lot 2, Block 10,
292	292	THENCE SOUTH 71 DEGREES 13 MINUTES 06 SECONDS WEST, a
293	293	distance of 829.60 feet to a 5/8 inch iron rod found for the
294	294	Southwest corner of Lot 11, Block 13, Section 2,
295	295	THENCE SOUTH 18 DEGREES 44 MINUTES 18 SECONDS EAST, a
296	296	distance of 80.01 feet to a 5/8 inch iron rod found for an angle
297	297	point,
298	298	THENCE SOUTH 16 DEGREES 03 MINUTES 16 SECONDS WEST, a
299	299	distance of 523.67 feet to a 1 inch iron bolt found for an angle
300	300	point,
301	301	THENCE SOUTH 20 DEGREES 38 MINUTES 58 SECONDS WEST, a
302	302	distance of 1006.73 feet to a 1/2 inch iron rod found for an angle
303	303	point,
304	304	THENCE SOUTH 64 DEGREES 27 MINUTES 48 SECONDS EAST, a
305	305	distance of 214.94 feet to a 1/2 inch iron rod found for an angle
306	306	point and being the Northeast corner of White Dove Trail, having a
307	307	right-of-way width of sixty (60) feet,
308	308	THENCE SOUTH 22 DEGREES 15 MINUTES 37 SECONDS WEST, a
309	309	distance of 43.07 feet with the east right-of-way of said White Dove
310	310	Trail to a 3/4 inch iron rod found for the Northwest corner of Lot 1,
311	311	Block 17, Indian Shores Section 3,
312	312	THENCE SOUTH 67 DEGREES 59 MINUTES 55 SECONDS EAST, a
313	313	distance of 170.27 feet to a 5/8 inch iron rod found for an angle
314	314	point,
315	315	THENCE SOUTH 22 DEGREES 08 MINUTES 33 SECONDS WEST, a
316	316	distance of 125.02 feet to a 1/2 inch iron rod found for the
317	317	Northeast corner of Silver Moon Trail, having a right-of-way width
318	318	of 60 feet,
319	319	THENCE SOUTH 34 DEGREES 03 MINUTES 33 SECONDS WEST, a
320	320	distance of 293.77 feet to a 5/8 inch iron rod found for the most
321	321	south corner of Lot 5, Block 18, Section 3,
322	322	THENCE SOUTH 43 DEGREES 54 MINUTES 05 SECONDS EAST, a
323	323	distance of 151.12 feet to the PLACE OF BEGINNING and containing
324	324	138.03 acres more or less.
325	325	SECTION 3. (a) The legal notice of the intention to
326	326	introduce this Act, setting forth the general substance of this
327	327	Act, has been published as provided by law, and the notice and a
328	328	copy of this Act have been furnished to all persons, agencies,
329	329	officials, or entities to which they are required to be furnished
330	330	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
331	331	Government Code.
332	332	(b) The governor, one of the required recipients, has
333	333	submitted the notice and Act to the Texas Commission on
334	334	Environmental Quality.
335	335	(c) The Texas Commission on Environmental Quality has filed
336	336	its recommendations relating to this Act with the governor, the
337	337	lieutenant governor, and the speaker of the house of
338	338	representatives within the required time.
339	339	(d) All requirements of the constitution and laws of this
340	340	state and the rules and procedures of the legislature with respect
341	341	to the notice, introduction, and passage of this Act are fulfilled
342	342	and accomplished.
343	343	SECTION 4. (a) Section 7924.107, Special District Local
344	344	Laws Code, as added by Section 1 of this Act, takes effect only if
345	345	this Act receives a two-thirds vote of all the members elected to
346	346	each house.
347	347	(b) If this Act does not receive a two-thirds vote of all the
348	348	members elected to each house, Subchapter C, Chapter 7924, Special
349	349	District Local Laws Code, as added by Section 1 of this Act, is
350	350	amended by adding Section 7924.107 to read as follows:
351	351	Sec. 7924.107. NO EMINENT DOMAIN POWER. The district may
352	352	not exercise the power of eminent domain.
353	353	(c) This section is not intended to be an expression of a
354	354	legislative interpretation of the requirements of Section 17(c),
355	355	Article I, Texas Constitution.
356	356	SECTION 5. This Act takes effect immediately if it receives
357	357	a vote of two-thirds of all the members elected to each house, as
358	358	provided by Section 39, Article III, Texas Constitution. If this
359	359	Act does not receive the vote necessary for immediate effect, this
360	360	Act takes effect September 1, 2015.