Texas 2015 - 84th Regular

Texas Senate Bill SB2008 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Kolkhorst S.B. No. 2008
2		-	(Schofield)
	1	+	S.B. No. 2008
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the creation of the Harris County Municipal Utility
8	6		District No. 539; granting a limited power of eminent domain;
9	7		providing authority to issue bonds; providing authority to impose
10	8		assessments, fees, and taxes.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	11		Code, is amended by adding Chapter 7904 to read as follows:
14	12		CHAPTER 7904. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 539
15	13		SUBCHAPTER A. GENERAL PROVISIONS
16	14		Sec. 7904.001. DEFINITIONS. In this chapter:
17	15		(1) "Board" means the district's board of directors.
18	16		(2) "Commission" means the Texas Commission on
19	17		Environmental Quality.
20	18		(3) "Director" means a board member.
21	19		(4) "District" means the Harris County Municipal
22	20		Utility District No. 539.
23	21		Sec. 7904.002. NATURE OF DISTRICT. The district is a
24	22		municipal utility district created under Section 59, Article XVI,
25	23		Texas Constitution.
26	24		Sec. 7904.003. CONFIRMATION AND DIRECTORS' ELECTION
27	25		REQUIRED. The temporary directors shall hold an election to
28	26		confirm the creation of the district and to elect five permanent
29	27		directors as provided by Section 49.102, Water Code.
30	28		Sec. 7904.004. CONSENT OF MUNICIPALITY REQUIRED. The
31	29		temporary directors may not hold an election under Section 7904.003
32	30		until each municipality in whose corporate limits or
33	31		extraterritorial jurisdiction the district is located has
34	32		consented by ordinance or resolution to the creation of the
35	33		district and to the inclusion of land in the district.
36	34		Sec. 7904.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	35		(a) The district is created to serve a public purpose and benefit.
38	36		(b) The district is created to accomplish the purposes of:
39	37		(1) a municipal utility district as provided by
40	38		general law and Section 59, Article XVI, Texas Constitution; and
41	39		(2) Section 52, Article III, Texas Constitution, that
42	40		relate to the construction, acquisition, improvement, operation,
43	41		or maintenance of macadamized, graveled, or paved roads, or
44	42		improvements, including storm drainage, in aid of those roads.
45	43		Sec. 7904.006. INITIAL DISTRICT TERRITORY. (a) The
46	44		district is initially composed of the territory described by
47	45		Section 2 of the Act enacting this chapter.
48	46		(b) The boundaries and field notes contained in Section 2 of
49	47		the Act enacting this chapter form a closure. A mistake made in the
50	48		field notes or in copying the field notes in the legislative process
51	49		does not affect the district's:
52	50		(1) organization, existence, or validity;
53	51		(2) right to issue any type of bond for the purposes
54	52		for which the district is created or to pay the principal of and
55	53		interest on a bond;
56	54		(3) right to impose a tax; or
57	55		(4) legality or operation.
58	56		SUBCHAPTER B. BOARD OF DIRECTORS
59	57		Sec. 7904.051. GOVERNING BODY; TERMS. (a) The district is
60	58		governed by a board of five elected directors.
61	59		(b) Except as provided by Section 7904.052, directors serve
62	60		staggered four-year terms.
63	61		Sec. 7904.052. TEMPORARY DIRECTORS. (a) On or after the
64	62		effective date of the Act enacting this chapter, the owner or owners
65	63		of a majority of the assessed value of the real property in the
66	64		district may submit a petition to the commission requesting that
67	65		the commission appoint as temporary directors the five persons
68	66		named in the petition. The commission shall appoint as temporary
69	67		directors the five persons named in the petition.
70	68		(b) Temporary directors serve until the earlier of:
71	69		(1) the date permanent directors are elected under
72	70		Section 7904.003; or
73	71		(2) the fourth anniversary of the effective date of
74	72		the Act enacting this chapter.
75	73		(c) If permanent directors have not been elected under
76	74		Section 7904.003 and the terms of the temporary directors have
77	75		expired, successor temporary directors shall be appointed or
78	76		reappointed as provided by Subsection (d) to serve terms that
79	77		expire on the earlier of:
80	78		(1) the date permanent directors are elected under
81	79		Section 7904.003; or
82	80		(2) the fourth anniversary of the date of the
83	81		appointment or reappointment.
84	82		(d) If Subsection (c) applies, the owner or owners of a
85	83		majority of the assessed value of the real property in the district
86	84		may submit a petition to the commission requesting that the
87	85		commission appoint as successor temporary directors the five
88	86		persons named in the petition. The commission shall appoint as
89	87		successor temporary directors the five persons named in the
90	88		petition.
91	89		SUBCHAPTER C. POWERS AND DUTIES
92	90		Sec. 7904.101. GENERAL POWERS AND DUTIES. The district has
93	91		the powers and duties necessary to accomplish the purposes for
94	92		which the district is created.
95	93		Sec. 7904.102. MUNICIPAL UTILITY DISTRICT POWERS AND
96	94		DUTIES. The district has the powers and duties provided by the
97	95		general law of this state, including Chapters 49 and 54, Water Code,
98	96		applicable to municipal utility districts created under Section 59,
99	97		Article XVI, Texas Constitution.
100	98		Sec. 7904.103. AUTHORITY FOR ROAD PROJECTS. Under Section
101	99		52, Article III, Texas Constitution, the district may design,
102	100		acquire, construct, finance, issue bonds for, improve, operate,
103	101		maintain, and convey to this state, a county, or a municipality for
104	102		operation and maintenance macadamized, graveled, or paved roads, or
105	103		improvements, including storm drainage, in aid of those roads.
106	104		Sec. 7904.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	105		road project must meet all applicable construction standards,
108	106		zoning and subdivision requirements, and regulations of each
109	107		municipality in whose corporate limits or extraterritorial
110	108		jurisdiction the road project is located.
111	109		(b) If a road project is not located in the corporate limits
112	110		or extraterritorial jurisdiction of a municipality, the road
113	111		project must meet all applicable construction standards,
114	112		subdivision requirements, and regulations of each county in which
115	113		the road project is located.
116	114		(c) If the state will maintain and operate the road, the
117	115		Texas Transportation Commission must approve the plans and
118	116		specifications of the road project.
119	117		Sec. 7904.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
120	118		OR RESOLUTION. The district shall comply with all applicable
121	119		requirements of any ordinance or resolution that is adopted under
122	120		Section 54.016 or 54.0165, Water Code, and that consents to the
123	121		creation of the district or to the inclusion of land in the
124	122		district.
125	123		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	124		Sec. 7904.151. ELECTIONS REGARDING TAXES OR BONDS.
127	125		(a) The district may issue, without an election, bonds and other
128	126		obligations secured by:
129	127		(1) revenue other than ad valorem taxes; or
130	128		(2) contract payments described by Section 7904.153.
131	129		(b) The district must hold an election in the manner
132	130		provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	131		before the district may impose an ad valorem tax or issue bonds
134	132		payable from ad valorem taxes.
135	133		(c) The district may not issue bonds payable from ad valorem
136	134		taxes to finance a road project unless the issuance is approved by a
137	135		vote of a two-thirds majority of the district voters voting at an
138	136		election held for that purpose.
139	137		Sec. 7904.152. OPERATION AND MAINTENANCE TAX. (a) If
140	138		authorized at an election held under Section 7904.151, the district
141	139		may impose an operation and maintenance tax on taxable property in
142	140		the district in accordance with Section 49.107, Water Code.
143	141		(b) The board shall determine the tax rate. The rate may not
144	142		exceed the rate approved at the election.
145	143		Sec. 7904.153. CONTRACT TAXES. (a) In accordance with
146	144		Section 49.108, Water Code, the district may impose a tax other than
147	145		an operation and maintenance tax and use the revenue derived from
148	146		the tax to make payments under a contract after the provisions of
149	147		the contract have been approved by a majority of the district voters
150	148		voting at an election held for that purpose.
151	149		(b) A contract approved by the district voters may contain a
152	150		provision stating that the contract may be modified or amended by
153	151		the board without further voter approval.
154	152		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
155	153		Sec. 7904.201. AUTHORITY TO ISSUE BONDS AND OTHER
156	154		OBLIGATIONS. The district may issue bonds or other obligations
157	155		payable wholly or partly from ad valorem taxes, impact fees,
158	156		revenue, contract payments, grants, or other district money, or any
159	157		combination of those sources, to pay for any authorized district
160	158		purpose.
161	159		Sec. 7904.202. TAXES FOR BONDS. At the time the district
162	160		issues bonds payable wholly or partly from ad valorem taxes, the
163	161		board shall provide for the annual imposition of a continuing
164	162		direct ad valorem tax, without limit as to rate or amount, while all
165	163		or part of the bonds are outstanding as required and in the manner
166	164		provided by Sections 54.601 and 54.602, Water Code.
167	165		Sec. 7904.203. BONDS FOR ROAD PROJECTS. At the time of
168	166		issuance, the total principal amount of bonds or other obligations
169	167		issued or incurred to finance road projects and payable from ad
170	168		valorem taxes may not exceed one-fourth of the assessed value of the
171	169		real property in the district.
172	170		SECTION 2. The Harris County Municipal Utility District
173	171		No. 539 initially includes all the territory contained in the
174	172		following area:
175	173		DESCRIPTION OF A 620.6117 ACRE TRACT OF LAND SITUATED IN THE
176	174		H.&T.C. R.R. SURVEY, A-463, HARRIS COUNTY, TEXAS, BEING A CALLED
177	175		620.6117 ACRE TRACT OF LAND DESCRIBED IN DEED TO JOHN S. BEESON,
178	176		JOHN STEPHEN FORD, SR., AND STEVEN A. WEBSTER RECORDED UNDER HARRIS
179	177		COUNTY CLERKS FILE NUMBER (H.C.C.F. No.) 20140311385 OF THE
180	178		OFFICIAL PUBLIC RECORDS OF REAL PROPERTY (O.P.R.O.R.P.); SAID
181	179		620.6117 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
182	180		BOUNDS AS FOLLOWS WITH ALL BEARINGS BASED ON THE SAID DEED CALLS;
183	181		BEGINNING at the northeast corner of the intersection of
184	182		Beckendorff Road (60 foot right-of-way) recorded in Volume 219,
185	183		Page 352 of the Harris County Deed Records (H.C.D.R.) and Pitts Road
186	184		(80 foot right-of-way) recorded in Volume 1420, Page 242 of the
187	185		H.C.D.R. same being the southwest corner of the herein described
188	186		620.6117 acre tract;
189	187		THENCE, North 02° 03' 50" West, along the east right-of-way of
190	188		Pitts Road a distance of 5,091.27 feet to the southwest cut-back
191	189		corner of the southeast intersection of Pitts Road and F.M. 529 (120
192	190		foot right-of-way) recorded under H.C.C.F. No. C405638
193	191		O.P.R.O.R.P.;
194	192		THENCE, North 42° 59' 48" East, a distance of 120.21 feet to
195	193		the northeast cut-back corner of the southeast intersection of
196	194		Pitts Road and F.M. 529;
197	195		THENCE, North 87° 59' 48" East, along the south right-of-way
198	196		of F.M. 529 a distance of 3,562.46 feet to an angle point;
199	197		THENCE, North 87° 52' 48" East, continuing along the south
200	198		right-of-way of F.M. 529 a distance of 1,473.50 feet to a to the
201	199		northwest cut-back corner of the southwest intersection of F.M. 529
202	200		and New Katy Hockley Road (60 foot right-of-way) as occupied;
203	201		THENCE, South 47° 07' 12" East, a distance of 132.22 feet to
204	202		the southeast cut-back corner of the southwest intersection of F.M.
205	203		529 and New Katy Hockley Road;
206	204		THENCE, South 02° 09' 12" East, along the west right-of-way of
207	205		New Katy Hockley Road a distance of 5,096.26 feet to the northwest
208	206		corner of the intersection of New Katy Hockley Road and Beckendorff
209	207		Road;
210	208		THENCE, South 88° 06' 34" West, along the north right-of-way
211	209		of Beckendorff Road a distance of 5,222.59 feet to the POINT OF
212	210		BEGINNING, and containing 620.6117 acres of land.
213	211		SECTION 3. (a) The legal notice of the intention to
214	212		introduce this Act, setting forth the general substance of this
215	213		Act, has been published as provided by law, and the notice and a
216	214		copy of this Act have been furnished to all persons, agencies,
217	215		officials, or entities to which they are required to be furnished
218	216		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
219	217		Government Code.
220	218		(b) The governor, one of the required recipients, has
221	219		submitted the notice and Act to the Texas Commission on
222	220		Environmental Quality.
223	221		(c) The Texas Commission on Environmental Quality has filed
224	222		its recommendations relating to this Act with the governor, the
225	223		lieutenant governor, and the speaker of the house of
226	224		representatives within the required time.
227	225		(d) All requirements of the constitution and laws of this
228	226		state and the rules and procedures of the legislature with respect
229	227		to the notice, introduction, and passage of this Act are fulfilled
230	228		and accomplished.
231	229		SECTION 4. (a) If this Act does not receive a two-thirds
232	230		vote of all the members elected to each house, Subchapter C, Chapter
233	231		7904, Special District Local Laws Code, as added by Section 1 of
234	232		this Act, is amended by adding Section 7904.106 to read as follows:
235	233		Sec. 7904.106. NO EMINENT DOMAIN POWER. The district may
236	234		not exercise the power of eminent domain.
237	235		(b) This section is not intended to be an expression of a
238	236		legislative interpretation of the requirements of Section 17(c),
239	237		Article I, Texas Constitution.
240	238		SECTION 5. This Act takes effect immediately if it receives
241	239		a vote of two-thirds of all the members elected to each house, as
242	240		provided by Section 39, Article III, Texas Constitution. If this
243	241		Act does not receive the vote necessary for immediate effect, this
244	242		Act takes effect September 1, 2015.
	243	+	______________________________ ______________________________
	244	+	President of the Senate Speaker of the House
	245	+	I hereby certify that S.B. No. 2008 passed the Senate on
	246	+	May 15, 2015, by the following vote: Yeas 30, Nays 1.
	247	+	______________________________
	248	+	Secretary of the Senate
	249	+	I hereby certify that S.B. No. 2008 passed the House on
	250	+	May 27, 2015, by the following vote: Yeas 144, Nays 0, two
	251	+	present not voting.
	252	+	______________________________
	253	+	Chief Clerk of the House
	254	+	Approved:
	255	+	______________________________
	256	+	Date
	257	+	______________________________
	258	+	Governor