Texas 2015 - 84th Regular

Texas House Bill HB4211 Compare Versions

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Version 2 (New)

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1	1	84R19720 SLB-F
2	2	By: Fletcher H.B. No. 4211
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the F.M. 2920/Becker Road Municipal
7	7	Utility District of Harris County; granting a limited power of
8	8	eminent domain; providing authority to issue bonds; providing
9	9	authority to impose 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 7950 to read as follows:
13	13	CHAPTER 7950. F.M. 2920/BECKER ROAD MUNICIPAL UTILITY DISTRICT OF
14	14	HARRIS COUNTY
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7950.001. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the F.M. 2920/Becker Road
22	22	Municipal Utility District of Harris County.
23	23	Sec. 7950.002. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 7950.003. CONFIRMATION AND DIRECTORS' ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 7950.004. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section 7950.003
32	32	until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 7950.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
37	37	The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 7950.006. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 7950.051. GOVERNING BODY; TERMS. (a) The district is
60	60	governed by a board of five elected directors.
61	61	(b) Except as provided by Section 7950.052, directors serve
62	62	staggered four-year terms.
63	63	Sec. 7950.052. TEMPORARY DIRECTORS. (a) The temporary
64	64	board consists of:
65	65	(1) Brian Toldan;
66	66	(2) Elva Composto;
67	67	(3) Hudson Kennedy;
68	68	(4) Josh Rambo; and
69	69	(5) Michael Others.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 7950.003; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act enacting this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 7950.003 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 7950.003; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 7950.101. GENERAL POWERS AND DUTIES. The district has
93	93	the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 7950.102. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 7950.103. AUTHORITY FOR ROAD PROJECTS. Under Section
101	101	52, Article III, Texas Constitution, the district may design,
102	102	acquire, construct, finance, issue bonds for, improve, operate,
103	103	maintain, and convey to this state, a county, or a municipality for
104	104	operation and maintenance macadamized, graveled, or paved roads, or
105	105	improvements, including storm drainage, in aid of those roads.
106	106	Sec. 7950.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
107	107	project must meet all applicable construction standards, zoning and
108	108	subdivision requirements, and regulations of each municipality in
109	109	whose corporate limits or extraterritorial jurisdiction the road
110	110	project is located.
111	111	(b) If a road project is not located in the corporate limits
112	112	or extraterritorial jurisdiction of a municipality, the road
113	113	project must meet all applicable construction standards,
114	114	subdivision requirements, and regulations of each county in which
115	115	the road project is located.
116	116	(c) If the state will maintain and operate the road, the
117	117	Texas Transportation Commission must approve the plans and
118	118	specifications of the road project.
119	119	Sec. 7950.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
120	120	OR RESOLUTION. The district shall comply with all applicable
121	121	requirements of any ordinance or resolution that is adopted under
122	122	Section 54.016 or 54.0165, Water Code, and that consents to the
123	123	creation of the district or to the inclusion of land in the
124	124	district.
125	125	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	126	Sec. 7950.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
127	127	district may issue, without an election, bonds and other
128	128	obligations secured by:
129	129	(1) revenue other than ad valorem taxes; or
130	130	(2) contract payments described by Section 7950.153.
131	131	(b) The district must hold an election in the manner
132	132	provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	133	before the district may impose an ad valorem tax or issue bonds
134	134	payable from ad valorem taxes.
135	135	(c) The district may not issue bonds payable from ad valorem
136	136	taxes to finance a road project unless the issuance is approved by a
137	137	vote of a two-thirds majority of the district voters voting at an
138	138	election held for that purpose.
139	139	Sec. 7950.152. OPERATION AND MAINTENANCE TAX. (a) If
140	140	authorized at an election held under Section 7950.151, the district
141	141	may impose an operation and maintenance tax on taxable property in
142	142	the district in accordance with Section 49.107, Water Code.
143	143	(b) The board shall determine the tax rate. The rate may not
144	144	exceed the rate approved at the election.
145	145	Sec. 7950.153. CONTRACT TAXES. (a) In accordance with
146	146	Section 49.108, Water Code, the district may impose a tax other than
147	147	an operation and maintenance tax and use the revenue derived from
148	148	the tax to make payments under a contract after the provisions of
149	149	the contract have been approved by a majority of the district voters
150	150	voting at an election held for that purpose.
151	151	(b) A contract approved by the district voters may contain a
152	152	provision stating that the contract may be modified or amended by
153	153	the board without further voter approval.
154	154	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
155	155	Sec. 7950.201. AUTHORITY TO ISSUE BONDS AND OTHER
156	156	OBLIGATIONS. The district may issue bonds or other obligations
157	157	payable wholly or partly from ad valorem taxes, impact fees,
158	158	revenue, contract payments, grants, or other district money, or any
159	159	combination of those sources, to pay for any authorized district
160	160	purpose.
161	161	Sec. 7950.202. TAXES FOR BONDS. At the time the district
162	162	issues bonds payable wholly or partly from ad valorem taxes, the
163	163	board shall provide for the annual imposition of a continuing
164	164	direct ad valorem tax, without limit as to rate or amount, while all
165	165	or part of the bonds are outstanding as required and in the manner
166	166	provided by Sections 54.601 and 54.602, Water Code.
167	167	Sec. 7950.203. BONDS FOR ROAD PROJECTS. At the time of
168	168	issuance, the total principal amount of bonds or other obligations
169	169	issued or incurred to finance road projects and payable from ad
170	170	valorem taxes may not exceed one-fourth of the assessed value of the
171	171	real property in the district.
172	172	SECTION 2. The F.M. 2920/Becker Road Municipal Utility
173	173	District of Harris County initially includes all the territory
174	174	contained in the following area:
175	175	FIELD NOTES FOR A 143.175 ACRE TRACT BEING THE RESIDUE OF THE SAME
176	176	TRACT THAT IS DESCRIBED AS 145.507 ACRES IN THE DEED RECORDED IN
177	177	HARRIS COUNTY CLERK'S FILE NO. L295708 (SAVE AND EXCEPT A 2.381 ACRE
178	178	TRACT CONVEYED OUT IN THE DEED RECORDED IN CLERK'S FILE
179	179	No. 2012449130), AND BEING LOCATED IN THE HARRIS COUNTY SCHOOL
180	180	LANDS, SECTION 29, ABSTRACT 333, HARRIS COUNTY, TEXAS.
181	181	BEGINNING: At a concrete monument found for the Northeast corner
182	182	of this 143.175 acre tract (and the above described 145.507 acre
183	183	tract) as located at the intersection of the South line of
184	184	Farm-to-Market Road 2920 (100 foot width) with the West
185	185	right-of-way line of Becker Road (66 foot width);
186	186	THENCE: South 01° 29' 57" East with the West line of Becker Road a
187	187	distance of 493.80 feet to a 1/2 inch iron rod found for the
188	188	Southeast corner of this 143.175 acre tract and also being the
189	189	Northeast corner of an adjoining 5.000 acre tract (Clerk's File
190	190	No. T129332);
191	191	THENCE: South 88° 10' 30" West a distance of 900.00 feet along
192	192	the North line of the 5.000 acre tract to a 2 inch iron pipe found
193	193	for the Northwest corner of the 5.000 acre tract and also being an
194	194	interior corner of this 143.175 acre tract;
195	195	THENCE: South 01° 31' 24" East with the West line of the 5.000
196	196	acre tract and a West line of a called 24.287 acre tract (Clerk's
197	197	File No. T129332) a distance of 842.21 feet to a 2 inch iron pipe
198	198	found for an interior corner of the 24.287 acre tract and also a
199	199	lower Southeast corner of this tract;
200	200	THENCE: South 88° 12' 00" West at distance of 2300.24 feet with a
201	201	North line of the called 24.287 acre tract and a South line of this
202	202	143.175 acre tract passing a 2 inch iron pipe found for a Northwest
203	203	corner of the called 24.287 acre tract and the Northeast corner of a
204	204	2.381 acre tract (Clerk's File No. 2012449130) and continuing on
205	205	for a total distance of 2768.46 feet to a 1/2 inch iron rod found for
206	206	the Southwest corner of this tract and the Northwest corner of the
207	207	2.381 acre tract;
208	208	THENCE: North 02° 05' 14" West with the West line of this tract
209	209	and the East line of a called 100.00 acre tract (Clerk's File
210	210	No. F053682), said 100.00 acre tract has been subdivided into Adams
211	211	Plaza Subdivision (unrecorded); a distance of 1998.21 feet to a 1/2
212	212	inch iron rod found for the Southwest corner of a 1.000 acre tract
213	213	(Clerk's File NO. S770247);
214	214	THENCE: North 88° 21' 15" East a distance of 100.00 feet along the
215	215	South line of the 1.000 acre tract to a 1/2 inch iron rod found for
216	216	the Southeast corner of the 1.000 acre tract and being an interior
217	217	corner of this 143.175 acre tract;
218	218	THENCE: North 02° 05' 14" West a distance of 435.21 feet along the
219	219	East line of the 1.000 acre tract to a 5/8 inch iron road and cap
220	220	found for the Northeast corner of the 1.000 acre tract and the
221	221	Northwest corner of this 143.175 acre tract, said corner is located
222	222	in the South right-of-way line of F.M. 2920;
223	223	THENCE: North 88° 21' 15" East a distance of 361.28 feet with the
224	224	South line of F.M. 2920 to a concrete monument found for a P.C. of a
225	225	curve;
226	226	THENCE: Continuing along the South line of F.M. 2920 with a curve
227	227	to the right having a radius of 2241.86 feet and a curve length of
228	228	1397.11 feet to a concrete monument found at the curve's P.T.; said
229	229	curve is subtended by a chord that bears South 73° 50' 17" East a
230	230	distance of 1374.61 feet;
231	231	THENCE: South 55° 58' 14" East a distance of 394.51 feet along the
232	232	South right-of-way line of F.M. 2920 to a concrete monument found
233	233	for a P.C. of a curve;
234	234	THENCE: Following the South right-of-way line of F.M. 2920 along
235	235	a curve to the left having a radius of 2341.86 feet and a curve
236	236	length of 1470.77 feet to a concrete monument found for the P.T. of
237	237	the curve; said curve is subtended by a chord that bears South 73°
238	238	59' 04" East a distance of 1446.72 feet;
239	239	THENCE: North 87° 45' 25" East a distance of 221.23 feet along the
240	240	South right-of-way line of F.M 2920 to the PLACE OF BEGINNING and
241	241	containing 143.175 acres of land.
242	242	SECTION 3. (a) The legal notice of the intention to
243	243	introduce this Act, setting forth the general substance of this
244	244	Act, has been published as provided by law, and the notice and a
245	245	copy of this Act have been furnished to all persons, agencies,
246	246	officials, or entities to which they are required to be furnished
247	247	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
248	248	Government Code.
249	249	(b) The governor, one of the required recipients, has
250	250	submitted the notice and Act to the Texas Commission on
251	251	Environmental Quality.
252	252	(c) The Texas Commission on Environmental Quality has filed
253	253	its recommendations relating to this Act with the governor, the
254	254	lieutenant governor, and the speaker of the house of
255	255	representatives within the required time.
256	256	(d) All requirements of the constitution and laws of this
257	257	state and the rules and procedures of the legislature with respect
258	258	to the notice, introduction, and passage of this Act are fulfilled
259	259	and accomplished.
260	260	SECTION 4. (a) If this Act does not receive a two-thirds
261	261	vote of all the members elected to each house, Subchapter C, Chapter
262	262	7950, Special District Local Laws Code, as added by Section 1 of
263	263	this Act, is amended by adding Section 7950.106 to read as follows:
264	264	Sec. 7950.106. NO EMINENT DOMAIN POWER. The district may
265	265	not exercise the power of eminent domain.
266	266	(b) This section is not intended to be an expression of a
267	267	legislative interpretation of the requirements of Section 17(c),
268	268	Article I, Texas Constitution.
269	269	SECTION 5. This Act takes effect September 1, 2015.