Texas 2015 - 84th Regular

Texas Senate Bill SB1001 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Kolkhorst S.B. No. 1001
2		-	(Schofield)
	1	+	S.B. No. 1001
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		relating to the creation of the Harris County Municipal Utility
7	5		District No. 545; granting a limited power of eminent domain;
8	6		providing authority to issue bonds; providing authority to impose
9	7		assessments, fees, and taxes.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	10		Code, is amended by adding Chapter 7911 to read as follows:
13	11		CHAPTER 7911. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 545
14	12		SUBCHAPTER A. GENERAL PROVISIONS
15	13		Sec. 7911.001. DEFINITIONS. In this chapter:
16	14		(1) "Board" means the district's board of directors.
17	15		(2) "Commission" means the Texas Commission on
18	16		Environmental Quality.
19	17		(3) "Director" means a board member.
20	18		(4) "District" means the Harris County Municipal
21	19		Utility District No. 545.
22	20		Sec. 7911.002. NATURE OF DISTRICT. The district is a
23	21		municipal utility district created under Section 59, Article XVI,
24	22		Texas Constitution.
25	23		Sec. 7911.003. CONFIRMATION AND DIRECTORS' ELECTION
26	24		REQUIRED. The temporary directors shall hold an election to
27	25		confirm the creation of the district and to elect five permanent
28	26		directors as provided by Section 49.102, Water Code.
29	27		Sec. 7911.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	28		temporary directors may not hold an election under Section 7911.003
31	29		until each municipality in whose corporate limits or
32	30		extraterritorial jurisdiction the district is located has
33	31		consented by ordinance or resolution to the creation of the
34	32		district and to the inclusion of land in the district.
35	33		Sec. 7911.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	34		(a) The district is created to serve a public purpose and benefit.
37	35		(b) The district is created to accomplish the purposes of:
38	36		(1) a municipal utility district as provided by
39	37		general law and Section 59, Article XVI, Texas Constitution; and
40	38		(2) Section 52, Article III, Texas Constitution, that
41	39		relate to the construction, acquisition, improvement, operation,
42	40		or maintenance of macadamized, graveled, or paved roads, or
43	41		improvements, including storm drainage, in aid of those roads.
44	42		Sec. 7911.006. INITIAL DISTRICT TERRITORY. (a) The
45	43		district is initially composed of the territory described by
46	44		Section 2 of the Act enacting this chapter.
47	45		(b) The boundaries and field notes contained in Section 2 of
48	46		the Act enacting this chapter form a closure. A mistake made in the
49	47		field notes or in copying the field notes in the legislative process
50	48		does not affect the district's:
51	49		(1) organization, existence, or validity;
52	50		(2) right to issue any type of bond for the purposes
53	51		for which the district is created or to pay the principal of and
54	52		interest on a bond;
55	53		(3) right to impose a tax; or
56	54		(4) legality or operation.
57	55		SUBCHAPTER B. BOARD OF DIRECTORS
58	56		Sec. 7911.051. GOVERNING BODY; TERMS. (a) The district is
59	57		governed by a board of five elected directors.
60	58		(b) Except as provided by Section 7911.052, directors serve
61	59		staggered four-year terms.
62	60		Sec. 7911.052. TEMPORARY DIRECTORS. (a) On or after the
63	61		effective date of the Act enacting this chapter, the owner or owners
64	62		of a majority of the assessed value of the real property in the
65	63		district may submit a petition to the commission requesting that
66	64		the commission appoint as temporary directors the five persons
67	65		named in the petition. The commission shall appoint as temporary
68	66		directors the five persons named in the petition.
69	67		(b) Temporary directors serve until the earlier of:
70	68		(1) the date permanent directors are elected under
71	69		Section 7911.003; or
72	70		(2) the fourth anniversary of the effective date of
73	71		the Act enacting this chapter.
74	72		(c) If permanent directors have not been elected under
75	73		Section 7911.003 and the terms of the temporary directors have
76	74		expired, successor temporary directors shall be appointed or
77	75		reappointed as provided by Subsection (d) to serve terms that
78	76		expire on the earlier of:
79	77		(1) the date permanent directors are elected under
80	78		Section 7911.003; or
81	79		(2) the fourth anniversary of the date of the
82	80		appointment or reappointment.
83	81		(d) If Subsection (c) applies, the owner or owners of a
84	82		majority of the assessed value of the real property in the district
85	83		may submit a petition to the commission requesting that the
86	84		commission appoint as successor temporary directors the five
87	85		persons named in the petition. The commission shall appoint as
88	86		successor temporary directors the five persons named in the
89	87		petition.
90	88		SUBCHAPTER C. POWERS AND DUTIES
91	89		Sec. 7911.101. GENERAL POWERS AND DUTIES. The district has
92	90		the powers and duties necessary to accomplish the purposes for
93	91		which the district is created.
94	92		Sec. 7911.102. MUNICIPAL UTILITY DISTRICT POWERS AND
95	93		DUTIES. The district has the powers and duties provided by the
96	94		general law of this state, including Chapters 49 and 54, Water Code,
97	95		applicable to municipal utility districts created under Section 59,
98	96		Article XVI, Texas Constitution.
99	97		Sec. 7911.103. AUTHORITY FOR ROAD PROJECTS. Under Section
100	98		52, Article III, Texas Constitution, the district may design,
101	99		acquire, construct, finance, issue bonds for, improve, operate,
102	100		maintain, and convey to this state, a county, or a municipality for
103	101		operation and maintenance macadamized, graveled, or paved roads, or
104	102		improvements, including storm drainage, in aid of those roads.
105	103		Sec. 7911.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	104		road project must meet all applicable construction standards,
107	105		zoning and subdivision requirements, and regulations of each
108	106		municipality in whose corporate limits or extraterritorial
109	107		jurisdiction the road project is located.
110	108		(b) If a road project is not located in the corporate limits
111	109		or extraterritorial jurisdiction of a municipality, the road
112	110		project must meet all applicable construction standards,
113	111		subdivision requirements, and regulations of each county in which
114	112		the road project is located.
115	113		(c) If the state will maintain and operate the road, the
116	114		Texas Transportation Commission must approve the plans and
117	115		specifications of the road project.
118	116		Sec. 7911.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
119	117		OR RESOLUTION. The district shall comply with all applicable
120	118		requirements of any ordinance or resolution that is adopted under
121	119		Section 54.016 or 54.0165, Water Code, and that consents to the
122	120		creation of the district or to the inclusion of land in the
123	121		district.
124	122		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
125	123		Sec. 7911.151. ELECTIONS REGARDING TAXES OR BONDS.
126	124		(a) The district may issue, without an election, bonds and other
127	125		obligations secured by:
128	126		(1) revenue other than ad valorem taxes; or
129	127		(2) contract payments described by Section 7911.153.
130	128		(b) The district must hold an election in the manner
131	129		provided by Chapters 49 and 54, Water Code, to obtain voter approval
132	130		before the district may impose an ad valorem tax or issue bonds
133	131		payable from ad valorem taxes.
134	132		(c) The district may not issue bonds payable from ad valorem
135	133		taxes to finance a road project unless the issuance is approved by a
136	134		vote of a two-thirds majority of the district voters voting at an
137	135		election held for that purpose.
138	136		Sec. 7911.152. OPERATION AND MAINTENANCE TAX. (a) If
139	137		authorized at an election held under Section 7911.151, the district
140	138		may impose an operation and maintenance tax on taxable property in
141	139		the district in accordance with Section 49.107, Water Code.
142	140		(b) The board shall determine the tax rate. The rate may not
143	141		exceed the rate approved at the election.
144	142		Sec. 7911.153. CONTRACT TAXES. (a) In accordance with
145	143		Section 49.108, Water Code, the district may impose a tax other than
146	144		an operation and maintenance tax and use the revenue derived from
147	145		the tax to make payments under a contract after the provisions of
148	146		the contract have been approved by a majority of the district voters
149	147		voting at an election held for that purpose.
150	148		(b) A contract approved by the district voters may contain a
151	149		provision stating that the contract may be modified or amended by
152	150		the board without further voter approval.
153	151		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	152		Sec. 7911.201. AUTHORITY TO ISSUE BONDS AND OTHER
155	153		OBLIGATIONS. The district may issue bonds or other obligations
156	154		payable wholly or partly from ad valorem taxes, impact fees,
157	155		revenue, contract payments, grants, or other district money, or any
158	156		combination of those sources, to pay for any authorized district
159	157		purpose.
160	158		Sec. 7911.202. TAXES FOR BONDS. At the time the district
161	159		issues bonds payable wholly or partly from ad valorem taxes, the
162	160		board shall provide for the annual imposition of a continuing
163	161		direct ad valorem tax, without limit as to rate or amount, while all
164	162		or part of the bonds are outstanding as required and in the manner
165	163		provided by Sections 54.601 and 54.602, Water Code.
166	164		Sec. 7911.203. BONDS FOR ROAD PROJECTS. At the time of
167	165		issuance, the total principal amount of bonds or other obligations
168	166		issued or incurred to finance road projects and payable from ad
169	167		valorem taxes may not exceed one-fourth of the assessed value of the
170	168		real property in the district.
171	169		SECTION 2. The Harris County Municipal Utility District No.
172	170		545 initially includes all the territory contained in the following
173	171		area:
174	172		TRACT 1
175	173		Being a 375.4904 acre tract of land located in the Alex
176	174		Gulliver Survey, A-287, Harris County, Texas; said 375.490 acre
177	175		tract being all of Parcel 2 and part of Parcel 1 of those certain
178	176		tracts of land conveyed to Browning-Ferris, Inc. in Clerk's File
179	177		No. J423478 of the Official Public Records of Real Property of
180	178		Harris County (O.P.R.R.P.H.C.); said 375.4904 acre tract being more
181	179		particularly described by metes and bounds as follows:
182	180		BEGINNING at a 2 inch iron pipe found marking the South East
183	181		corner of said Parcel 2 and this 375.4904 acre tract, said iron pipe
184	182		also being at the west right-of-way line of Katy-Hockley Road (60
185	183		ROW) with the south line of said Alex Gulliver Survey (Texas State
186	184		Plane Grid Coordinate - N 13,901,376.95, E 2,979,348.81) from which
187	185		a 6"x8" wood post bears 3.4' South and 1' West and a 6"x8" wood post
188	186		bears 9.8' North and 7.4' West;
189	187		THENCE with the South line of said Parcel 2 and said Alex
190	188		Gulliver Survey S 87° 45' 04" W (call N 89° 35' 30" W), a distance of
191	189		3693.56 feet (call 3693.5') to a 5/8 inch iron rod found marking the
192	190		South West corner of said Parcel 2 and this 375.4904 acre tract from
193	191		which a found 2 inch iron pipe bears 0.3 feet South and 1.1 feet West
194	192		and a 10" wood post bears 0.4' North and 0.7' East and a 6"x6" post
195	193		bears 7.0' North;
196	194		THENCE with the West line of said Parcel 1 and Parcel 2 N 02°
197	195		39' 32" W (call North); passing at 3543.85 feet a 5/8 inch rod found
198	196		on line; for a total distance of 3738.68 feet to a point marking the
199	197		most Westerly Northwest corner of this 375.4904 acre tract and the
200	198		center of Cypress Creek from which a found 5/8 inch iron rod on the
201	199		South right-of-way line of Jack Road bears N 02° 39' 32" W -
202	200		7855.85';
203	201		THENCE in a Northeasterly direction following the centerline
204	202		of Cypress Creek as follows;
205	203		N 77° 15' 48" E a distance of 101.67';
206	204		N 44° 09' 12" E a distance of 364.36';
207	205		N 52° 36' 41" E a distance of 96.99';
208	206		N 69° 47' 56" E a distance of 257.30';
209	207		N 70° 28' 26" E a distance of 40.96';
210	208		N 60° 01' 08" E a distance of 306.21;
211	209		N 34° 02' 48" E a distance of 206.56';
212	210		N 54° 45' 52" E a distance of 379.68';
213	211		S 87° 13' 46" E a distance of 304.19';
214	212		N 60° 37' 56" E a distance of 202.01';
215	213		N 72° 51' 00" E a distance of 123.01';
216	214		N 75° 04' 09" E a distance of 106.47';
217	215		S 82° 54' 21" E a distance of 217.72';
218	216		N 67° 26' 24" E a distance of 43.87';
219	217		N 44° 46' 22" E a distance of 22.16';
220	218		N 27° 45' 53" E a distance of 146.73';
221	219		N 10° 34' 30" E a distance of 107.54';
222	220		N 04° 41' 58" E a distance of 155.90';
223	221		N 10° 17' 33" W a distance of 109.20';
224	222		N 19° 34' 23" W a distance of 96.97';
225	223		N 13° 40' 48" E a distance of 78.84';
226	224		N 42° 29' 48" E a distance of 94.79';
227	225		N 44° 24' 16" E a distance of 185.03;
228	226		N 68° 38' 22" E a distance of 54.86';
229	227		N 87° 07' 41" E a distance of 102.87';
230	228		S 75° 42' 29" E a distance of 88.44';
231	229		S 59° 29' 38" E a distance of 143.78';
232	230		S 44° 01' 53" E a distance of 268.54';
233	231		S 57° 21' 29" E a distance of 73.29';
234	232		S 81° 34' 10" E a distance of 106.15';
235	233		N 58° 07' 34" E a distance of 185.00';
236	234		N 67° 38' 05" E a distance of 91.09 feet to the Northeast
237	235		corner of this 375.4904 acre tract;
238	236		THENCE leaving the centerline of Cypress Creek and following
239	237		the West line of said Katy-Hockley Road S 02° 40' 13" E (call South);
240	238		passing at 78.03 feet a 5/8 inch iron rod with cap set on line; for a
241	239		total distance of 406.03 feet to a bent 5/8 inch iron rod found at an
242	240		offset in the West line of said road;
243	241		THENCE N 88° 51' 46" E (call East) a distance of 19.92 feet
244	242		(call 20.00') to a found 5/8 inch iron rod in the West line of said
245	243		Katy-Hockley Road;
246	244		THENCE with the West line of said Katy-Hockley Road S 02° 09'
247	245		39" E (call South) a distance of 8.28 feet (call 8.25') to a set 5/8
248	246		inch iron rod with cap marking the North East corner of that certain
249	247		27.84 acre conservation easement conveyed to Wetland Habitat
250	248		Alliance of Texas, Inc. in Clerk's File No. Z224251 of the Harris
251	249		County Clerk's File (HCCF) from which a 6"x8" wood post bears 0.1'
252	250		North and 5.3' West;
253	251		THENCE along the North line of said 27.84 acre tract N 89° 16'
254	252		47" W (call N 89° 16' 46" W) a distance of 481.38 feet to a set 5/8
255	253		inch iron rod with cap for a corner;
256	254		THENCE along the North line of said 27.84 acre tract S 89° 25'
257	255		12" W (call S 89° 24' 54" W) a distance of 445.28 feet to a set 5/8
258	256		inch iron rod with cap for a corner;
259	257		THENCE along the Westerly line of said 27.84 acre tract S 26°
260	258		10' 39" W (call S 26° 10' 48" W) a distance of 770.56 feet to a found
261	259		6 inch metal fence post for a corner;
262	260		THENCE along the West line of said 27.84 acre tract S 10° 38'
263	261		48" E (call S 10° 38' 39" E) a distance of 391.77 feet to a set 5/8
264	262		inch iron rod with cap marking the Southwest corner of said 27.84
265	263		acre tract from which a 6 inch fence post bears 0.6' North and 0.6'
266	264		East;
267	265		THENCE along the South line of said 27.84 acre tract N 86° 26'
268	266		48" E (call N 86° 27' 01" E) a distance of 1242.91 (call 1242.97')
269	267		feet to a set 5/8 inch iron rod with cap marking the Southeast
270	268		corner of said 27.84 acre tract on the West line of said
271	269		Katy-Hockley Road from which a 4" wood post bears 0.2' North and
272	270		1.1' East;
273	271		THENCE with the West line of said Katy-Hockley Road and said
274	272		Parcels 1 and Parcel 2 S 02° 39' 32" E (call South) a distance of
275	273		4007.75 feet to the POINT OF BEGINNING. Bearings based on Texas
276	274		Coordinate System NAD 83 (SCZ).
277	275		TRACT 2
278	276		Being 131.7873 acres of land situated partially in the Alex
279	277		Gulliver Survey, Abstract No. 287 and partially within the Thomas
280	278		Coghill Survey, Abstract No. 203, Harris County, Texas, and being
281	279		all of that certain called 131.8340 acre tract of land as conveyed
282	280		to James M. Meley, by deed, recorded under Harris County Clerk's
283	281		File No. P295053, on June 17, 1993. Said 131.7873 acre tract being
284	282		more fully described by metes and bounds as follows:
285	283		All bearings referenced herein are based on the Texas State
286	284		Plane Coordinate System, Texas South Central Zone.
287	285		COMMENCING at a 1/2 inch iron rod inside of a 2 inch iron pipe
288	286		found for the southeasterly boundary corner of that certain called
289	287		375.4904 acre tract of land as conveyed to Cunningham Interests II,
290	288		Ltd., by deed, recorded under Harris County Clerk's File
291	289		No. 20110540938, on December 21, 2011, and being the northeasterly
292	290		boundary corner of that certain called 440.7637 acre tract of land
293	291		as conveyed to Harris County Flood Control District, by deed,
294	292		recorded under Harris County Clerk's File No. V437474, on October
295	293		31, 2001, also being located in the westerly right-of-way line of
296	294		Katy - Hockley Road, based on a width of 60 feet;
297	295		THENCE South 87°45'10" West, along the common boundary line
298	296		between the said 375.4904 acre tract and the said 440.7637 acre
299	297		tract, for a distance of 3,693.56 feet, to a 5/8 inch iron rod found
300	298		for the POINT OF BEGINNING of the herein described tract of land;
301	299		THENCE South 87°45'10" West, continuing along the northerly
302	300		boundary line of the said 440.7637 acre tract of land, for a
303	301		distance of 1,644.87 feet, to a 5/8 inch iron rod found for corner,
304	302		said iron rod being the southeasterly boundary corner of that
305	303		certain called 50.9771 acre tract as conveyed to N.W.R.C. Land,
306	304		Ltd., by deed, recorded under Harris County Clerk's File
307	305		No. P295056, on June 17, 1993;
308	306		THENCE North 21°34'47" West, along the easterly boundary line
309	307		of the said 50.9771 acre tract, passing at a distance of 1,576.52
310	308		feet, a 5/8 inch iron rod found on line for reference, and
311	309		continuing on for a total distance of 1,772.23 feet, to the
312	310		centerline of Cypress Creek, a natural drainage course;
313	311		THENCE along the natural meanders of Cypress Creek, the
314	312		following thirteen (13) courses and distances:
315	313		South 84°00'48" East, for a distance of 42.29 feet to a
316	314		point for corner;
317	315		North 48°15'04" East, for a distance of 244.19 feet to a
318	316		point for corner;
319	317		North 33°00'21" East, for a distance of 156.79 feet to a
320	318		point for corner;
321	319		North 23°17'34" East, for a distance of 279.59 feet to a
322	320		point for corner;
323	321		North 38°51'29" East, for a distance of 113.35 feet to a
324	322		point for corner;
325	323		North 41°48'59" East, for a distance of 89.56 feet to a
326	324		point for corner;
327	325		North 43°13'33" East, for a distance of 366.87 feet to a
328	326		point for corner;
329	327		North 48°08'11" East, for a distance of 268.75 feet to a
330	328		point for corner;
331	329		North 41°56'26" East, for a distance of 480.31 feet to a
332	330		point for corner;
333	331		North 40°42'48" East, for a distance of 271.12 feet to a
334	332		point for corner;
335	333		North 53°11'28" East, for a distance of 194.90 feet to a
336	334		point for corner;
337	335		North 53°39'35" East, for a distance of 337.61 feet to a
338	336		point for corner;
339	337		North 56°23'37" East, for a distance of 232.22 feet to a
340	338		point for corner, said point being the northwesterly boundary
341	339		corner of the said 375.4904 acre tract;
342	340		THENCE South 02°39'34" East, along the westerly boundary line
343	341		of the said 375.4904 acre tract, for a distance of 3743.84 feet, to
344	342		the POINT OF BEGINNING and containing within these calls 5,740,655
345	343		square feet or 131.7873 acres of land.
346	344		SECTION 3. (a) The legal notice of the intention to
347	345		introduce this Act, setting forth the general substance of this
348	346		Act, has been published as provided by law, and the notice and a
349	347		copy of this Act have been furnished to all persons, agencies,
350	348		officials, or entities to which they are required to be furnished
351	349		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
352	350		Government Code.
353	351		(b) The governor, one of the required recipients, has
354	352		submitted the notice and Act to the Texas Commission on
355	353		Environmental Quality.
356	354		(c) The Texas Commission on Environmental Quality has filed
357	355		its recommendations relating to this Act with the governor, the
358	356		lieutenant governor, and the speaker of the house of
359	357		representatives within the required time.
360	358		(d) All requirements of the constitution and laws of this
361	359		state and the rules and procedures of the legislature with respect
362	360		to the notice, introduction, and passage of this Act are fulfilled
363	361		and accomplished.
364	362		SECTION 4. (a) If this Act does not receive a two-thirds
365	363		vote of all the members elected to each house, Subchapter C, Chapter
366	364		7911, Special District Local Laws Code, as added by Section 1 of
367	365		this Act, is amended by adding Section 7911.106 to read as follows:
368	366		Sec. 7911.106. NO EMINENT DOMAIN POWER. The district may
369	367		not exercise the power of eminent domain.
370	368		(b) This section is not intended to be an expression of a
371	369		legislative interpretation of the requirements of Section 17(c),
372	370		Article I, Texas Constitution.
373	371		SECTION 5. This Act takes effect immediately if it receives
374	372		a vote of two-thirds of all the members elected to each house, as
375	373		provided by Section 39, Article III, Texas Constitution. If this
376	374		Act does not receive the vote necessary for immediate effect, this
377	375		Act takes effect September 1, 2015.
	376	+	______________________________ ______________________________
	377	+	President of the Senate Speaker of the House
	378	+	I hereby certify that S.B. No. 1001 passed the Senate on
	379	+	May 8, 2015, by the following vote: Yeas 30, Nays 1.
	380	+	______________________________
	381	+	Secretary of the Senate
	382	+	I hereby certify that S.B. No. 1001 passed the House on
	383	+	May 27, 2015, by the following vote: Yeas 144, Nays 0,
	384	+	two present not voting.
	385	+	______________________________
	386	+	Chief Clerk of the House
	387	+	Approved:
	388	+	______________________________
	389	+	Date
	390	+	______________________________
	391	+	Governor