Texas 2015 - 84th Regular

Texas Senate Bill SB1002 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Kolkhorst S.B. No. 1002
2		-	(Schofield)
	1	+	S.B. No. 1002
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. 540; 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 7910 to read as follows:
13	11		CHAPTER 7910. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 540
14	12		SUBCHAPTER A. GENERAL PROVISIONS
15	13		Sec. 7910.001. 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. 540.
22	20		Sec. 7910.002. 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. 7910.003. 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. 7910.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	28		temporary directors may not hold an election under Section 7910.003
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. 7910.005. 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. 7910.006. 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. 7910.051. 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 7910.052, directors serve
61	59		staggered four-year terms.
62	60		Sec. 7910.052. 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 7910.003; 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 7910.003 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 7910.003; 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. 7910.101. 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. 7910.102. 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. 7910.103. 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. 7910.104. 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. 7910.105. 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. 7910.151. 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 7910.153.
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. 7910.152. OPERATION AND MAINTENANCE TAX. (a) If
139	137		authorized at an election held under Section 7910.151, 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. 7910.153. 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. 7910.201. 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. 7910.202. 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. 7910.203. 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		540 initially includes all the territory contained in the following
173	171		area:
174	172		TRACT 1
175	173		BEING 159.65 acres of land situated in the H. & T. C. R. R. Co.
176	174		Survey, Section 47, Block 2, Abstract Number 440, Harris County,
177	175		Texas, being all of that certain called 159.6531 acres conveyed to
178	176		Cunningham Interests, II, Ltd by deed recorded under Harris County
179	177		Clerk's File Number (H.C.C.F. No.) 20110175218, said 159.65 acre
180	178		tract being more particularly described by metes and bounds as
181	179		follows:
182	180		BEGINNING at a MAG Nail with shiner stamped "COSTELLO" found
183	181		for the Southeast corner of said 159.6531 acre tract and being in
184	182		the pavement of Stockdick School Road (width unknown) also being in
185	183		the centerline of Peek road (60-foot wide) as referenced in Volume
186	184		996, Page 491 of the Harris County Deed Records;
187	185		THENCE, S 87° 58' 23" W, a distance of 2,582.65 feet along
188	186		said Stockdick Road to the Southwest corner of said 159.6531 acre
189	187		tract;
190	188		THENCE, along the lines common to said 159.6531 acre tract
191	189		and the remainder of a called 160 acre tract described in Volume
192	190		1494, Page 230 of the Harris County Deed Records the following two
193	191		(2) courses and distances:
194	192		N 04° 45' 03" W, a distance of 309.54 feet to a 5/8-inch
195	193		iron rod with cap stamped "COSTELLO INC. RPLS 4416" found for
196	194		an interior ell corner of said 159.6531 acre tract;
197	195		S 88° 22' 39" W, a distance of 42.85 feet to the
198	196		Northeast corner of a called 3.00 acre tract described and
199	197		recorded under H.C.C.F. No. D978707 from which a found
200	198		5/8-inch iron rod with cap stamped "COSTELLO INC. RPLS 4416"
201	199		bears N 84° 28' W, 0.37 feet, also being the Southeast corner
202	200		of a called 158.33 acre tract described and recorded under
203	201		H.C.C.F. No. 20130266472;
204	202		THENCE, N 02° 04' 00" W, a distance of 2,330.87 feet along the
205	203		line common to said 158.33 acre tract and said 159.6531 acre tract
206	204		to the northern corner common to said 159.6531 acre tract and said
207	205		158.33 acre tract from which a found 5/8-inch iron rod with cap
208	206		stamped "COSTELLO INC. RPLS 4416" bears S 89° 21' W, 3.45 feet also
209	207		being the Southwest corner of a called 156.432 acre tract described
210	208		and recorded under H.C.C.F. No. V829107;
211	209		THENCE, N 87° 59' 16" E, a distance of 2,640.00 feet along the
212	210		North line of said 159.6531 acre tract and the South lines of said
213	211		156.432 acre tract and a called 9.7770 acre tract described and
214	212		recorded under H.C.C.F. No. G578991to the Northeast corner of said
215	213		159.6531 acre tract and the herein described tract from which a
216	214		found Nail with shiner stamped "COSTELLO" bears N 82° 39' W, 3.01
217	215		feet;
218	216		THENCE, S 02° 04' 00" E, a distance of 2,639.69 feet along and
219	217		with the centerline of said Peek Road to the POINT OF BEGINNING and
220	218		containing 159.65 acres of land. Bearing orientation is based on
221	219		the Texas Coordinate System South Central Zone 4204, NAD83.
222	220		TRACT 2
223	221		BEING 247.03 acres of land situated in the George Spencer
224	222		Survey, Abstract Number 1369 and the M. M. Willsey Survey, Abstract
225	223		Number 1459 of the H. & T. C. R. R. Co. Survey, Block 2, Harris
226	224		County, Texas, being all of that certain called 235.55 acres
227	225		conveyed to Cunningham Interests, II, Ltd by deed recorded under
228	226		Harris County Clerk's File Number (H.C.C.F. No.) 20120237422 and
229	227		all of that certain called 11.526 acres conveyed to Cunningham
230	228		Interests, II, Ltd by deed recorded under H.C.C.F. No. 20140170048,
231	229		said 247.03 acre tract being more particularly described by metes
232	230		and bounds as follows:
233	231		BEGINNING at a 5/8-inch iron rod with aluminum Texas
234	232		Department of Transportation (TxDot) cap found for the Southeast
235	233		corner of said 235.55 acre tract and being in the North right-of-way
236	234		line of Stockdick School Road (60-foot with, no deed found) also
237	235		being the West right-of-way line of said Stockdick Road (width
238	236		varies, no deed found);
239	237		THENCE, S 87° 56' 23" W, a distance of 3,929.03 feet along the
240	238		North right-of-way line of said Stockdick School Road to a 5/8-inch
241	239		iron rod found for the Southeast corner of a called 17.00 acre tract
242	240		described and recorded under H.C.C.F. No. V330498 and the Southwest
243	241		corner of said 235.55 acre tract and the herein described tract;
244	242		THENCE, N 01° 59' 51" W, a distance of 851.43 feet along the
245	243		line common to said 17.00 acre tract and said 235.55 acre tract to
246	244		the Northeast corner of said 17.00 acre tract and being the
247	245		Southeast corner of said 11.526 acre tract and from which a 1/2-inch
248	246		iron rod found bears S 87° 57' W, 4.59 feet;
249	247		THENCE, S 87° 57' 20" W, a distance of 378.38 feet along the
250	248		line common to said 17.00 acre tract and said 11.526 acre tract to
251	249		the Southwest corner of said 11.526 acre tract and the southeast
252	250		corner of a called 11.653 acre tract described and recorded under
253	251		H.C.C.F. No. Y103912, said point being in the centerline of South
254	252		Mayde Creek;
255	253		THENCE, along and with the centerline of South Mayde Creek,
256	254		same being the line common to said 11.526 acre tract and said 11.653
257	255		acre tract the following sixteen (16) courses and distances:
258	256		N 57° 32' 53" W, 185.76 feet to an angle point;
259	257		N 76° 58' 36" W, 5.99 feet to an angle point;
260	258		N 73° 39' 37" W, 44.16 feet to an angle point;
261	259		N 27° 46' 16" W, 24.43 feet to an angle point;
262	260		N 18° 48' 22" E, 80.98 feet to an angle point;
263	261		N 21° 42' 27" E, 261.01 feet to an angle point;
264	262		N 15° 34' 29" E, 88.96 feet to an angle point;
265	263		N 22° 02' 24" W, 81.87 feet to an angle point;
266	264		N 32° 50' 40" E, 34.54 feet to an angle point;
267	265		N 21° 18' 18" W, 20.21 feet to an angle point;
268	266		N 53° 13' 23" W, 47.36 feet to an angle point;
269	267		N 85° 03' 23" W, 176.78 feet to an angle point;
270	268		S 70° 36' 55" W, 107.89 feet to an angle point;
271	269		N 73° 03' 25" W, 44.61 feet to an angle point;
272	270		N 40° 29' 03" W, 186.40 feet to an angle point;
273	271		N 55° 40' 31" W, 60.60 feet to the most westerly
274	272		Northwest corner of the herein described tract and being in
275	273		the South line of a called 25.8950 acre tract described and
276	274		recorded under H.C.C.F. No. 20100452700;
277	275		THENCE, N 88° 03' 56" E, a distance of 966.73 feet along the
278	276		line common to said 25.8950 acre tract and said 11.256 acre tract to
279	277		the Northeast corner of said 11.256 acre tract and the Southeast
280	278		corner of said 25.8950 acre tract, being in the West line of said
281	279		235.55 acre tract and from which a found 3/8-inch iron rod bears S
282	280		87° 47' W, 6.77 feet;
283	281		THENCE, N 01° 59' 51" W, a distance of 882.01 feet along the
284	282		line common to said 235.55 acre tract and said 25.8950 acre tract to
285	283		the Northeast corner of said 25.8950 acre tract and the Northwest
286	284		corner of said 235.55 acre tract, being in the South line of a
287	285		called 7.016 acre tract described and recorded under H.C.C.F.
288	286		No. Y680341 and from which a found 3/8-inch iron rod bears S 83° 44'
289	287		W, 9.92 feet;
290	288		THENCE, N 87° 58' 30" E, a distance of 3,073.16 feet along the
291	289		North line of said 235.55 acre tract and South lines of said 7.016
292	290		acre tract and a called 5.8806 acre tract described and recorded
293	291		under H.C.C.F. No. X209587 also the South lines of Lot 61 through
294	292		Lot 76 of Katy Country Estates, an unrecorded subdivision to a
295	293		concrete monument found for the southeast corner of said Lot 76 and
296	294		the Southwest corner of a called 19.3136 acre tract described and
297	295		recorded under H.C.C.F. No. X407934;
298	296		THENCE, N 87° 46' 36" E, a distance of 852.54 feet continuing
299	297		along the North line of said 235.55 acre tract and South line of
300	298		said 19.3136 acre tract to a 3/8-inch iron rod found for the
301	299		Northeast corner of said 235.55 acre tract and the herein described
302	300		tract and the Southeast corner of said 19.3136 acre tract, said iron
303	301		rod being in the West right-of-way line of said Stockdick Road;
304	302		THENCE, S 02° 04' 14" E, a distance of 2,614.01 feet along said
305	303		West right-of-way line to the POINT OF BEGINNING and containing
306	304		247.03 acres of land. Bearing orientation is based on the Texas
307	305		Coordinate System South Central Zone 4204, NAD83.
308	306		SECTION 3. (a) The legal notice of the intention to
309	307		introduce this Act, setting forth the general substance of this
310	308		Act, has been published as provided by law, and the notice and a
311	309		copy of this Act have been furnished to all persons, agencies,
312	310		officials, or entities to which they are required to be furnished
313	311		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
314	312		Government Code.
315	313		(b) The governor, one of the required recipients, has
316	314		submitted the notice and Act to the Texas Commission on
317	315		Environmental Quality.
318	316		(c) The Texas Commission on Environmental Quality has filed
319	317		its recommendations relating to this Act with the governor, the
320	318		lieutenant governor, and the speaker of the house of
321	319		representatives within the required time.
322	320		(d) All requirements of the constitution and laws of this
323	321		state and the rules and procedures of the legislature with respect
324	322		to the notice, introduction, and passage of this Act are fulfilled
325	323		and accomplished.
326	324		SECTION 4. (a) If this Act does not receive a two-thirds
327	325		vote of all the members elected to each house, Subchapter C, Chapter
328	326		7910, Special District Local Laws Code, as added by Section 1 of
329	327		this Act, is amended by adding Section 7910.106 to read as follows:
330	328		Sec. 7910.106. NO EMINENT DOMAIN POWER. The district may
331	329		not exercise the power of eminent domain.
332	330		(b) This section is not intended to be an expression of a
333	331		legislative interpretation of the requirements of Section 17(c),
334	332		Article I, Texas Constitution.
335	333		SECTION 5. This Act takes effect immediately if it receives
336	334		a vote of two-thirds of all the members elected to each house, as
337	335		provided by Section 39, Article III, Texas Constitution. If this
338	336		Act does not receive the vote necessary for immediate effect, this
339	337		Act takes effect September 1, 2015.
	338	+	______________________________ ______________________________
	339	+	President of the Senate Speaker of the House
	340	+	I hereby certify that S.B. No. 1002 passed the Senate on
	341	+	May 8, 2015, by the following vote: Yeas 30, Nays 1.
	342	+	______________________________
	343	+	Secretary of the Senate
	344	+	I hereby certify that S.B. No. 1002 passed the House on
	345	+	May 27, 2015, by the following vote: Yeas 144, Nays 0, two
	346	+	present not voting.
	347	+	______________________________
	348	+	Chief Clerk of the House
	349	+	Approved:
	350	+	______________________________
	351	+	Date
	352	+	______________________________
	353	+	Governor