Texas 2015 - 84th Regular

Texas Senate Bill SB2039 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Creighton S.B. No. 2039
2		-	(Dutton)
	1	+	S.B. No. 2039
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. 546; 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 7952 to read as follows:
13	11		CHAPTER 7952. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 546
14	12		SUBCHAPTER A. GENERAL PROVISIONS
15	13		Sec. 7952.001. 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. 546.
22	20		Sec. 7952.002. 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. 7952.003. 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. 7952.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	28		temporary directors may not hold an election under Section 7952.003
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. 7952.005. 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. 7952.006. 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. 7952.051. 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 7952.052, directors serve
61	59		staggered four-year terms.
62	60		Sec. 7952.052. 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 7952.003; 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 7952.003 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 7952.003; 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. 7952.101. 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. 7952.102. 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. 7952.103. 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. 7952.104. 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. 7952.105. 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. 7952.151. 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 7952.153.
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. 7952.152. OPERATION AND MAINTENANCE TAX. (a) If
139	137		authorized at an election held under Section 7952.151, 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. 7952.153. 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. 7952.201. 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. 7952.202. 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. 7952.203. 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
172	170		No. 546 initially includes all the territory contained in the
173	171		following area:
174	172		OF 193.5821 acres of land out of a called 264.2883 acres tract
175	173		(Tract One) conveyed by deed dated December 06, 2012 to Murff Family
176	174		Land, L.L.C., as recorded in Harris County Clerk's File
177	175		No. 20120574760 of the Deed Records of Harris County, Texas. Said
178	176		193.5821 acres being situated in the Humphrey Jackson Survey,
179	177		Abstract No. 37, Harris County, Texas, and being more particularly
180	178		described by metes and bounds as follows: (bearings based on NAD83
181	179		State Plane Coordinate System, South Central Zone)
182	180		BEGINNING at a 1/2" iron rod with cap stamped "BHA" found for
183	181		the northwest corner of said 264.2883 acres, said iron rod being in
184	182		the south line of a called 497.4 acre tract conveyed by deed dated
185	183		November 29, 1996 to Lakewood Development Corporation as recorded
186	184		in Harris County Clerk's File No. S302347 of the Deed Records of
187	185		Harris County, Texas, and being in the east line of a 100' wide T. &
188	186		N. O. Railroad right-of-way;
189	187		THENCE North 87° 48' 24" East, along the north line of said
190	188		264.2883 acres and the south line of said 497.4 acres, for a
191	189		distance of 3986.05 feet to a 1/2 inch iron rod found for the
192	190		northwest corner of a called 72.1467 acre tract conveyed by deed
193	191		dated May 8, 2013 to Crosby Independent School District as recorded
194	192		in Harris County Clerk's File No. 20130222478 of the Deed Records
195	193		of Harris County, Texas;
196	194		THENCE South 02° 55' 25" East, along the west line of said
197	195		72.1467 acres, for a distance of 1958.79 feet to a 1/2 inch iron rod
198	196		with cap found for the southwest corner of said 72.1467 acres, same
199	197		being in the south line of said 264.2883 acres;
200	198		THENCE South 87° 54' 17" West, along the south line of said
201	199		264.2883 acres for a distance of 4591.97 feet to the southwest
202	200		corner of said 264.2883 acres;
203	201		THENCE North 12° 45' 07" East, along the west line of said
204	202		264.2883 acres and the east line of said 100' wide T. & N. O.
205	203		Railroad right-of-way, for a distance of 1392.92 feet to a point for
206	204		corner;
207	205		THENCE along a curve to the right having a radius of 3170.40
208	206		feet, a central angle 11° 39' 51", a chord bearing and distance of N
209	207		17° 56' 06" E - 644.31 feet, and an arc length of 645.42 feet to the
210	208		PLACE OF BEGINNING of the herein described tract of land and
211	209		containing within these calls 193.5821 acres or 8,432,434.35 square
212	210		feet 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		7952, Special District Local Laws Code, as added by Section 1 of
234	232		this Act, is amended by adding Section 7952.106 to read as follows:
235	233		Sec. 7952.106. 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. 2039 passed the Senate on
	246	+	May 13, 2015, by the following vote: Yeas 30, Nays 1.
	247	+	______________________________
	248	+	Secretary of the Senate
	249	+	I hereby certify that S.B. No. 2039 passed the House on
	250	+	May 22, 2015, by the following vote: Yeas 139, Nays 1, two
	251	+	present not voting.
	252	+	______________________________
	253	+	Chief Clerk of the House
	254	+	Approved:
	255	+	______________________________
	256	+	Date
	257	+	______________________________
	258	+	Governor