84R9632 TSR-F
By: Creighton S.B. No. 2040
A BILL TO BE ENTITLED
relating to the creation of the Harris County Municipal Utility
District No. 544; 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 7924 to read as follows:
CHAPTER 7924. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 544
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7924.001. 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. 544.
Sec. 7924.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7924.003. 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. 7924.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7924.003
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. 7924.005. 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. 7924.006. 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.
Sec. 7924.007. ELIGIBILITY FOR INCLUSION IN TAX INCREMENT
REINVESTMENT ZONE. (a) The district is eligible to be included in
a tax increment reinvestment zone created under Chapter 311, Tax
Code.
(b) If the City of Houston has created or creates a tax
increment reinvestment zone described by Subsection (a) that
includes all or part of the territory of the district, the City of
Houston and the board of directors of the zone or a developer of
property within the tax increment reinvestment zone that receives
or will receive money from the tax increment fund, by contract with
the district, may grant money to the district from the tax increment
fund to be used for a permissible purpose of the district,
including:
(1) the right to pledge the money as security for a
bond or other obligation issued by the district; and
(2) any permissible purpose of a corporation under
Section 380.002(b), Local Government Code.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7924.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7924.052, directors serve
staggered four-year terms.
Sec. 7924.052. 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 7924.003; 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 7924.003 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 7924.003; 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. 7924.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7924.102. 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. 7924.103. 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. 7924.104. 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. 7924.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. (a) 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.
(b) In addition to all the rights and remedies provided by
other law, if the district violates the terms of an ordinance or
resolution described by Subsection (a), the municipality is
entitled to injunctive relief or a writ of mandamus issued by a
court requiring the district and the district's officials to
observe and comply with the terms of the ordinance or resolution.
Sec. 7924.106. EFFECT OF ANNEXATION BY CITY OF HOUSTON. (a)
The City of Houston may annex all or part of the district into its
corporate limits without annexing the entire district under the
terms of a development agreement between the City of Houston and the
owners of the land in the district that is covered by the
development agreement. If a development agreement is not executed
or the agreement has expired, nothing in this chapter limits the
right of the City of Houston to annex the district.
(b) If the City of Houston annexes all or part of the
district into its corporate limits:
(1) the district is not dissolved;
(2) the ability of the district to issue bonds is not
impaired or precluded; and
(3) unless otherwise approved by the board and the
governing body of the City of Houston, the city:
(A) may not take over the property or other
assets of the district;
(B) may not assume any debts, liabilities, or
other obligations of the district;
(C) is not obligated to perform any functions of
the district; and
(D) is not obligated to pay a landowner or
developer for expenses incurred by the landowner or developer in
connection with the district that would otherwise be eligible for
reimbursement from the proceeds of bonds issued by the district.
(c) Notwithstanding Section 54.016(f)(2), Water Code, an
allocation agreement between the City of Houston and the district
that provides for the allocation of the taxes or revenues of the
district and the city following the date of inclusion of all the
district's territory in the corporate limits of the city may
provide that the total annual ad valorem taxes collected by the city
and the district from taxable property in the district may exceed
the city's ad valorem tax on that property.
Sec. 7924.107. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district without the written consent of the City of Houston.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7924.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by revenue other than ad valorem taxes.
(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. 7924.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7924.151, 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.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7924.201. 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. 7924.202. 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. 7924.203. 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.
544 initially includes all the territory contained in the following
area:
BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING
138.03 ACRES OF LAND SITUATED IN THE WILLIAM WHITLOCK SURVEY,
ABSTRACT NO. 85, HARRIS COUNTY, TEXAS, AND BEING ALL OF A CALLED
60.288 ACRE TRACT BEING PLATTED AS INDIAN SHORES SECTIONS NINE (9)
AND TEN (10), UNRECORDED AND A CALLED 77.817 ACRE TRACT RECORDED IN
VOLUME 1250, PAGE 74 HARRIS COUNTY DEED RECORDS, SAID 138.03 ACRE
TRACT BEING THE SAME 138.0268 ACRE TRACT AS RECORDED IN H.C.C.F., NO
W777169 AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS,
AS FOLLOWS TO-WIT:
Beginning at a 5/8 inch iron rod found in the north line of a
called 233.8 acre tract as recorded in H.C.C.F. No. Y604056 and
same being the Southeast corner of lot Four (4), Block Eighteen (18)
of Indian Shores Section 3, according to the map or plat recorded in
Volume 131, Page 32 Harris County Map Records (HCMR) and being the
Southeast corner of the called 60.288 acre tract and the Southeast
corner and PLACE OF BEGINNING of the tract herein described.
THENCE NORTH 87 DEGREES 42 MINUTES 19 SECONDS EAST, a
distance of 2299.67 feet with the north line of the Wheless tract to
a 1 inch iron pipe found for the Southwest corner Lot 1, Block 8 of
Rustic Acres Section 2, according to the map or plat recorded in
Volume 104, Page 809 Block Book for Harris County and being the
Southeast corner of the called 77.817 acre tract and the Southeast
corner of this tract herein described.
THENCE NORTH 17 DEGREES 11 MINUTES 18 SECONDS EAST, a
distance of 1499.32 feet, (called 1500.55 feet), with the west line
of said Rustic Acres Section 2 to a 5/8 inch iron rod found at the
intersection of the south right-of-way of Stoker Road, having a
right-of-way width of 100 feet, for the Northwest corner of Rustic
Acres Section 2 and same being the Southwest corner of Indian Shores
Section 6 according to the map of plat filed in Volume 165, Page 52
HCMR.
THENCE NORTH 17 DEGREES 05 MINUTES 22 SECONDS EAST, a
distance of 644.33 feet with the west line of said Indian Shores
Section 6 to a 5/8 inch iron rod found in the south line of Lot 2,
Block 6 of Indian Shores Section One according to the map or plat
recorded in Volume 119, Page 63 HCMR for the Northwest corner of
Indian Shores Section 6 and the Northeast corner of this tract
herein described.
THENCE FOLLOWING THE SOUTH BOUNDARY OF INDIAN SHORES SECTION
ONE (1) IN A WESTERLY DIRECTION AS FOLLOWS
THENCE SOUTH 87 DEGREES 51 MINUTES 26 SECONDS WEST, a
distance of 181.78 feet to a 5/8 inch iron rod found for an angle
point.
THENCE NORTH 84 DEGREES 11 MINUTES 58 SECONDS WEST, a
distance of 304.97 feet to a 1 inch iron pipe found for an angle
point,
THENCE NORTH 73 DEGREES 27 MINUTES 09 SECONDS WEST, a
distance of 274.25 feet to a 1/4 inch iron rod found for an angle
point,
THENCE NORTH 57 DEGREES 45 MINUTES 08 SECONDS WEST, a
distance of 954.57 feet to a 1 inch iron pipe found for the
Northeast corner of Lot One (1), Block Four (4) of Indian Shores
Section Two (2) according to the map or plat recorded in Volume 125,
Page 6 HCMR for the Northwest corner of this tract.
THENCE FOLLOWING THE EAST LINE OF SAID INDIAN SHORES SECTION
TWO (2) AS FOLLOWS:
THENCE SOUTH 40 DEGREES 25 MINUTES 36 SECONDS WEST, a
distance of 240.48 feet to a 1/2 inch iron rod found at the
Intersection with the south right-of-way of Running Bear Trail,
having a right-of-way width of sixty (60) feet.
THENCE NORTH 45 DEGREES 58 MINUTES 51 SECONDS WEST, a
distance of 30.35 feet with the south right-of-way of Running Bear
Trail to a 3/8 inch iron rod found for the Northeast corner at Lot 1,
Block 10 of said Section 2,
THENCE SOUTH 43 DEGREES 23 MINUTES 15 SECONDS WEST, a
distance of 223.16 feet to a 1/2 inch iron rod found for the
Southeast corner of said Lot 1, Block 10,
THENCE NORTH 26 DEGREES 19 MINUTES 19 SECONDS WEST, a
distance of 28.88 feet to a 1/2 inch iron rod found for the
Northeast corner of Lot 2, Block 10,
THENCE SOUTH 71 DEGREES 13 MINUTES 06 SECONDS WEST, a
distance of 829.60 feet to a 5/8 inch iron rod found for the
Southwest corner of Lot 11, Block 13, Section 2,
THENCE SOUTH 18 DEGREES 44 MINUTES 18 SECONDS EAST, a
distance of 80.01 feet to a 5/8 inch iron rod found for an angle
point,
THENCE SOUTH 16 DEGREES 03 MINUTES 16 SECONDS WEST, a
distance of 523.67 feet to a 1 inch iron bolt found for an angle
point,
THENCE SOUTH 20 DEGREES 38 MINUTES 58 SECONDS WEST, a
distance of 1006.73 feet to a 1/2 inch iron rod found for an angle
point,
THENCE SOUTH 64 DEGREES 27 MINUTES 48 SECONDS EAST, a
distance of 214.94 feet to a 1/2 inch iron rod found for an angle
point and being the Northeast corner of White Dove Trail, having a
right-of-way width of sixty (60) feet,
THENCE SOUTH 22 DEGREES 15 MINUTES 37 SECONDS WEST, a
distance of 43.07 feet with the east right-of-way of said White Dove
Trail to a 3/4 inch iron rod found for the Northwest corner of Lot 1,
Block 17, Indian Shores Section 3,
THENCE SOUTH 67 DEGREES 59 MINUTES 55 SECONDS EAST, a
distance of 170.27 feet to a 5/8 inch iron rod found for an angle
point,
THENCE SOUTH 22 DEGREES 08 MINUTES 33 SECONDS WEST, a
distance of 125.02 feet to a 1/2 inch iron rod found for the
Northeast corner of Silver Moon Trail, having a right-of-way width
of 60 feet,
THENCE SOUTH 34 DEGREES 03 MINUTES 33 SECONDS WEST, a
distance of 293.77 feet to a 5/8 inch iron rod found for the most
south corner of Lot 5, Block 18, Section 3,
THENCE SOUTH 43 DEGREES 54 MINUTES 05 SECONDS EAST, a
distance of 151.12 feet to the PLACE OF BEGINNING and containing
138.03 acres more or less.
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) Section 7924.107, Special District Local
Laws Code, as added by Section 1 of this Act, takes effect only if
this Act receives a two-thirds vote of all the members elected to
each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 7924, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 7924.107 to read as follows:
Sec. 7924.107. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) 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.