By: Kolkhorst S.B. No. 2009
(In the Senate - Filed March 23, 2015; March 30, 2015, read
first time and referred to Committee on Intergovernmental
Relations; April 29, 2015, reported favorably by the following
vote: Yeas 7, Nays 0; April 29, 2015, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Harris County Municipal Utility
District No. 541; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7915 to read as follows:
CHAPTER 7915. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 541
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7915.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Harris County Municipal
Utility District No. 541.
Sec. 7915.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7915.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 7915.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7915.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 7915.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7915.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7915.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7915.052, directors serve
staggered four-year terms.
Sec. 7915.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the commission requesting that
the commission appoint as temporary directors the five persons
named in the petition. The commission shall appoint as temporary
directors the five persons named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7915.003; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 7915.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 7915.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7915.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7915.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 7915.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7915.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 7915.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7915.151. ELECTIONS REGARDING TAXES OR BONDS.
(a) The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 7915.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 7915.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7915.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 7915.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7915.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 7915.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 7915.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Harris County Municipal Utility District No.
541 initially includes all the territory contained in the following
area:
BEING a 637.0485 acre tract of land situated in the H. & T.C.
R.R. Co. Survey, Section 29, Abstract No. 445 and the W. Williamson
Survey, Abstract No. 1592 of Harris County, Texas and being all of
both called 320 acre tracts of land as described in an instrument to
J.J. Sweeney recorded under Volume 583, Page 18 of the Harris County
Deed Records (H.C.D.R.), said 637.0485 acre tract of land being
more particularly described by metes and bounds as follows:
BEGINNING at a 5/8-inch iron rod found for the common
southeast corner of the herein described tract and said east 320
acre tract, same being the southwest corner of a called 160.166 acre
tract of land as described in an instrument to J. Glenn Lee and
Wife, Cindy N. Lee recorded under Harris County Clerk's File
(H.C.C.F.) No. R109039, lying on the centerline of Longenbaugh Road
(60 feet wide, as occupied);
THENCE, S 87° 54' 03" W, a distance of 2,639.38 feet along and
with the centerline of said Longenbaugh Road, same being the south
line of said east 320 acre tract to a 5/8-inch iron rod found for the
southwest corner of said east 320 acre tract, same being the
southeast corner of said west 320 acre tract;
THENCE, S 87° 59' 00" W, a distance of 2,618.48 feet
continuing along and with the centerline of said Longenbaugh Road,
same being the south line of said west 320 acre tract to a 5/8-inch
iron rod found for the common southwest corner of the herein
described tract and said west 320 acre tract, same being the
southeast corner of a called 161.471 acre tract of land as described
in an instrument to Brad Jason Miles, Kathleen D. Miles, And Charles
T. Miles II recorded under H.C.C.F. No. 20090160794;
THENCE, N 02° 04' 46" W, a distance of 5,287.28 feet along and
with the west line of said west 320 acre tract, same being the east
line of said 161.471 acre tract to a 1/2-inch iron rod found for the
common northwest corner of the herein described tract and said west
320 acre tract, same being the northeast corner of said 161.471 acre
tract, line on the south line of a called 865.361 acre tract of land
as described in an instrument to Harris County recorded under
H.C.C.F. No. V264935;
THENCE, N 87° 52' 52" E, a distance of 2,618.10 feet along and
with the north line of said west 320 acre tract, same being the
south line of said 865.361 acre tract to the northeast corner of
said west 320 acre tract, same being the southeast corner of said
865.361 acre tract, lying on the west line of a called 643.03 acre
tract of land as described in an instrument to Fry Road Venture,
L.P. recorded under H.C.C.F. No. Z078090;
THENCE, S 02° 05' 01" E, a distance of 24.94 feet along and
with the east line of said west 320 acre tract, same being the west
line of said 643.03 acre tract to a 5/8-inch iron rod with cap
stamped "Brown & Gay" found for the northwest corner of said east
320 acre tract, same being the southwest corner of said 643.03 acre
tract;
THENCE, N 87° 45' 10" E, a distance of 2,631.07 feet along and
with the north line of said east 320 acre tract, same being the
south line of said 643.03 acre tract to the common northeast corner
of the herein described tract and said east 320 acre tract, same
being the common northwest corner of the J.W. METZLER'S
SUBDIVISION, a subdivision per plat recorded under Volume 500, Page
235 of the H.C.D.R. and a tract of land as described as Lots A & D of
said J.W. METZLER'S SUBDIVISION in an instrument to David Alan
Crowell 1967 Education Trust recorded under H.C.C.F. No. E302631;
THENCE, S 02° 16' 03" E, a distance of 2,640.09 feet along and
with the east line of said east 320 acre tract, same being the west
line of said J.W. METZLER'S SUBDIVISION to the southwest corner of
said J.W. METZLER'S SUBDIVISION, same being the northwest corner of
said 160.166 acre tract;
THENCE, S 02° 04' 49" E, a distance of 2,633.74 feet
continuing along and with the east line of said east 320 acre tract,
same being the west line of said 160.166 acre tract to the POINT OF
BEGINNING and containing 637.0485 acres of land.
Bearing orientation is based on the Texas Coordinate System,
South Central Zone 4204, NAD-83 and is referenced to monuments
found along the center line of Longenbaugh Road as cited herein.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
7915, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7915.106 to read as follows:
Sec. 7915.106. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.
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