Texas 2015 - 84th Regular

Texas Senate Bill SB2040 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Creighton S.B. No. 2040
2		-	(In the Senate - Filed April 8, 2015; April 9, 2015, read
3		-	first time and referred to Committee on Intergovernmental
4		-	Relations; May 6, 2015, reported favorably by the following vote:
5		-	Yeas 5, Nays 0; May 6, 2015, sent to printer.)
6		-	Click here to see the committee vote
7	2
8	3
9	4		A BILL TO BE ENTITLED
10		-	AN ACT
11	5		relating to the creation of the Harris County Municipal Utility
12	6		District No. 544; granting a limited power of eminent domain;
13	7		providing authority to issue bonds; providing authority to impose
14	8		assessments, fees, and taxes.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	10		SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	11		Code, is amended by adding Chapter 7924 to read as follows:
18	12		CHAPTER 7924. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 544
19	13		SUBCHAPTER A. GENERAL PROVISIONS
20	14		Sec. 7924.001. DEFINITIONS. In this chapter:
21	15		(1) "Board" means the district's board of directors.
22	16		(2) "Commission" means the Texas Commission on
23	17		Environmental Quality.
24	18		(3) "Director" means a board member.
25	19		(4) "District" means the Harris County Municipal
26	20		Utility District No. 544.
27	21		Sec. 7924.002. NATURE OF DISTRICT. The district is a
28	22		municipal utility district created under Section 59, Article XVI,
29	23		Texas Constitution.
30	24		Sec. 7924.003. CONFIRMATION AND DIRECTORS' ELECTION
31	25		REQUIRED. The temporary directors shall hold an election to
32	26		confirm the creation of the district and to elect five permanent
33	27		directors as provided by Section 49.102, Water Code.
34	28		Sec. 7924.004. CONSENT OF MUNICIPALITY REQUIRED. The
35	29		temporary directors may not hold an election under Section 7924.003
36	30		until each municipality in whose corporate limits or
37	31		extraterritorial jurisdiction the district is located has
38	32		consented by ordinance or resolution to the creation of the
39	33		district and to the inclusion of land in the district.
40	34		Sec. 7924.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
41	35		(a) The district is created to serve a public purpose and benefit.
42	36		(b) The district is created to accomplish the purposes of:
43	37		(1) a municipal utility district as provided by
44	38		general law and Section 59, Article XVI, Texas Constitution; and
45	39		(2) Section 52, Article III, Texas Constitution, that
46	40		relate to the construction, acquisition, improvement, operation,
47	41		or maintenance of macadamized, graveled, or paved roads, or
48	42		improvements, including storm drainage, in aid of those roads.
49	43		Sec. 7924.006. INITIAL DISTRICT TERRITORY. (a) The
50	44		district is initially composed of the territory described by
51	45		Section 2 of the Act enacting this chapter.
52	46		(b) The boundaries and field notes contained in Section 2 of
53	47		the Act enacting this chapter form a closure. A mistake made in the
54	48		field notes or in copying the field notes in the legislative process
55	49		does not affect the district's:
56	50		(1) organization, existence, or validity;
57	51		(2) right to issue any type of bond for the purposes
58	52		for which the district is created or to pay the principal of and
59	53		interest on a bond;
60	54		(3) right to impose a tax; or
61	55		(4) legality or operation.
62	56		Sec. 7924.007. ELIGIBILITY FOR INCLUSION IN TAX INCREMENT
63	57		REINVESTMENT ZONE. (a) The district is eligible to be included in
64	58		a tax increment reinvestment zone created under Chapter 311, Tax
65	59		Code.
66	60		(b) If the City of Houston has created or creates a tax
67	61		increment reinvestment zone described by Subsection (a) that
68	62		includes all or part of the territory of the district, the City of
69	63		Houston and the board of directors of the zone or a developer of
70	64		property within the tax increment reinvestment zone that receives
71	65		or will receive money from the tax increment fund, by contract with
72	66		the district, may grant money to the district from the tax increment
73	67		fund to be used for a permissible purpose of the district,
74	68		including:
75	69		(1) the right to pledge the money as security for a
76	70		bond or other obligation issued by the district; and
77	71		(2) any permissible purpose of a corporation under
78	72		Section 380.002(b), Local Government Code.
79	73		SUBCHAPTER B. BOARD OF DIRECTORS
80	74		Sec. 7924.051. GOVERNING BODY; TERMS. (a) The district is
81	75		governed by a board of five elected directors.
82	76		(b) Except as provided by Section 7924.052, directors serve
83	77		staggered four-year terms.
84	78		Sec. 7924.052. TEMPORARY DIRECTORS. (a) On or after the
85	79		effective date of the Act enacting this chapter, the owner or owners
86	80		of a majority of the assessed value of the real property in the
87	81		district may submit a petition to the commission requesting that
88	82		the commission appoint as temporary directors the five persons
89	83		named in the petition. The commission shall appoint as temporary
90	84		directors the five persons named in the petition.
91	85		(b) Temporary directors serve until the earlier of:
92	86		(1) the date permanent directors are elected under
93	87		Section 7924.003; or
94	88		(2) the fourth anniversary of the effective date of
95	89		the Act enacting this chapter.
96	90		(c) If permanent directors have not been elected under
97	91		Section 7924.003 and the terms of the temporary directors have
98	92		expired, successor temporary directors shall be appointed or
99	93		reappointed as provided by Subsection (d) to serve terms that
100	94		expire on the earlier of:
101	95		(1) the date permanent directors are elected under
102	96		Section 7924.003; or
103	97		(2) the fourth anniversary of the date of the
104	98		appointment or reappointment.
105	99		(d) If Subsection (c) applies, the owner or owners of a
106	100		majority of the assessed value of the real property in the district
107	101		may submit a petition to the commission requesting that the
108	102		commission appoint as successor temporary directors the five
109	103		persons named in the petition. The commission shall appoint as
110	104		successor temporary directors the five persons named in the
111	105		petition.
112	106		SUBCHAPTER C. POWERS AND DUTIES
113	107		Sec. 7924.101. GENERAL POWERS AND DUTIES. The district has
114	108		the powers and duties necessary to accomplish the purposes for
115	109		which the district is created.
116	110		Sec. 7924.102. MUNICIPAL UTILITY DISTRICT POWERS AND
117	111		DUTIES. The district has the powers and duties provided by the
118	112		general law of this state, including Chapters 49 and 54, Water Code,
119	113		applicable to municipal utility districts created under Section 59,
120	114		Article XVI, Texas Constitution.
121	115		Sec. 7924.103. AUTHORITY FOR ROAD PROJECTS. Under Section
122	116		52, Article III, Texas Constitution, the district may design,
123	117		acquire, construct, finance, issue bonds for, improve, operate,
124	118		maintain, and convey to this state, a county, or a municipality for
125	119		operation and maintenance macadamized, graveled, or paved roads, or
126	120		improvements, including storm drainage, in aid of those roads.
127	121		Sec. 7924.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
128	122		road project must meet all applicable construction standards,
129	123		zoning and subdivision requirements, and regulations of each
130	124		municipality in whose corporate limits or extraterritorial
131	125		jurisdiction the road project is located.
132	126		(b) If a road project is not located in the corporate limits
133	127		or extraterritorial jurisdiction of a municipality, the road
134	128		project must meet all applicable construction standards,
135	129		subdivision requirements, and regulations of each county in which
136	130		the road project is located.
137	131		(c) If the state will maintain and operate the road, the
138	132		Texas Transportation Commission must approve the plans and
139	133		specifications of the road project.
140	134		Sec. 7924.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
141	135		OR RESOLUTION. (a) The district shall comply with all applicable
142	136		requirements of any ordinance or resolution that is adopted under
143	137		Section 54.016 or 54.0165, Water Code, and that consents to the
144	138		creation of the district or to the inclusion of land in the
145	139		district.
146	140		(b) In addition to all the rights and remedies provided by
147	141		other law, if the district violates the terms of an ordinance or
148	142		resolution described by Subsection (a), the municipality is
149	143		entitled to injunctive relief or a writ of mandamus issued by a
150	144		court requiring the district and the district's officials to
151	145		observe and comply with the terms of the ordinance or resolution.
152	146		Sec. 7924.106. EFFECT OF ANNEXATION BY CITY OF HOUSTON.
153	147		(a) The City of Houston may annex all or part of the district into
154	148		its corporate limits without annexing the entire district under the
155	149		terms of a development agreement between the City of Houston and the
156	150		owners of the land in the district that is covered by the
157	151		development agreement. If a development agreement is not executed
158	152		or the agreement has expired, nothing in this chapter limits the
159	153		right of the City of Houston to annex the district.
160	154		(b) If the City of Houston annexes all or part of the
161	155		district into its corporate limits:
162	156		(1) the district is not dissolved;
163	157		(2) the ability of the district to issue bonds is not
164	158		impaired or precluded; and
165	159		(3) unless otherwise approved by the board and the
166	160		governing body of the City of Houston, the city:
167	161		(A) may not take over the property or other
168	162		assets of the district;
169	163		(B) may not assume any debts, liabilities, or
170	164		other obligations of the district;
171	165		(C) is not obligated to perform any functions of
172	166		the district; and
173	167		(D) is not obligated to pay a landowner or
174	168		developer for expenses incurred by the landowner or developer in
175	169		connection with the district that would otherwise be eligible for
176	170		reimbursement from the proceeds of bonds issued by the district.
177	171		(c) Notwithstanding Section 54.016(f)(2), Water Code, an
178	172		allocation agreement between the City of Houston and the district
179	173		that provides for the allocation of the taxes or revenues of the
180	174		district and the city following the date of inclusion of all the
181	175		district's territory in the corporate limits of the city may
182	176		provide that the total annual ad valorem taxes collected by the city
183	177		and the district from taxable property in the district may exceed
184	178		the city's ad valorem tax on that property.
185	179		Sec. 7924.107. LIMITATION ON USE OF EMINENT DOMAIN. The
186	180		district may not exercise the power of eminent domain outside the
187	181		district without the written consent of the City of Houston.
188	182		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
189	183		Sec. 7924.151. ELECTIONS REGARDING TAXES OR BONDS.
190	184		(a) The district may issue, without an election, bonds and other
191	185		obligations secured by revenue other than ad valorem taxes.
192	186		(b) The district must hold an election in the manner
193	187		provided by Chapters 49 and 54, Water Code, to obtain voter approval
194	188		before the district may impose an ad valorem tax or issue bonds
195	189		payable from ad valorem taxes.
196	190		(c) The district may not issue bonds payable from ad valorem
197	191		taxes to finance a road project unless the issuance is approved by a
198	192		vote of a two-thirds majority of the district voters voting at an
199	193		election held for that purpose.
200	194		Sec. 7924.152. OPERATION AND MAINTENANCE TAX. (a) If
201	195		authorized at an election held under Section 7924.151, the district
202	196		may impose an operation and maintenance tax on taxable property in
203	197		the district in accordance with Section 49.107, Water Code.
204	198		(b) The board shall determine the tax rate. The rate may not
205	199		exceed the rate approved at the election.
206	200		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
207	201		Sec. 7924.201. AUTHORITY TO ISSUE BONDS AND OTHER
208	202		OBLIGATIONS. The district may issue bonds or other obligations
209	203		payable wholly or partly from ad valorem taxes, impact fees,
210	204		revenue, contract payments, grants, or other district money, or any
211	205		combination of those sources, to pay for any authorized district
212	206		purpose.
213	207		Sec. 7924.202. TAXES FOR BONDS. At the time the district
214	208		issues bonds payable wholly or partly from ad valorem taxes, the
215	209		board shall provide for the annual imposition of a continuing
216	210		direct ad valorem tax, without limit as to rate or amount, while all
217	211		or part of the bonds are outstanding as required and in the manner
218	212		provided by Sections 54.601 and 54.602, Water Code.
219	213		Sec. 7924.203. BONDS FOR ROAD PROJECTS. At the time of
220	214		issuance, the total principal amount of bonds or other obligations
221	215		issued or incurred to finance road projects and payable from ad
222	216		valorem taxes may not exceed one-fourth of the assessed value of the
223	217		real property in the district.
224	218		SECTION 2. The Harris County Municipal Utility District No.
225	219		544 initially includes all the territory contained in the following
226	220		area:
227	221		BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING
228	222		138.03 ACRES OF LAND SITUATED IN THE WILLIAM WHITLOCK SURVEY,
229	223		ABSTRACT NO. 85, HARRIS COUNTY, TEXAS, AND BEING ALL OF A CALLED
230	224		60.288 ACRE TRACT BEING PLATTED AS INDIAN SHORES SECTIONS NINE (9)
231	225		AND TEN (10), UNRECORDED AND A CALLED 77.817 ACRE TRACT RECORDED IN
232	226		VOLUME 1250, PAGE 74 HARRIS COUNTY DEED RECORDS, SAID 138.03 ACRE
233	227		TRACT BEING THE SAME 138.0268 ACRE TRACT AS RECORDED IN H.C.C.F., NO
234	228		W777169 AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS,
235	229		AS FOLLOWS TO-WIT:
236	230		Beginning at a 5/8 inch iron rod found in the north line of a
237	231		called 233.8 acre tract as recorded in H.C.C.F. No. Y604056 and
238	232		same being the Southeast corner of lot Four (4), Block Eighteen (18)
239	233		of Indian Shores Section 3, according to the map or plat recorded in
240	234		Volume 131, Page 32 Harris County Map Records (HCMR) and being the
241	235		Southeast corner of the called 60.288 acre tract and the Southeast
242	236		corner and PLACE OF BEGINNING of the tract herein described.
243	237		THENCE NORTH 87 DEGREES 42 MINUTES 19 SECONDS EAST, a
244	238		distance of 2299.67 feet with the north line of the Wheless tract to
245	239		a 1 inch iron pipe found for the Southwest corner Lot 1, Block 8 of
246	240		Rustic Acres Section 2, according to the map or plat recorded in
247	241		Volume 104, Page 809 Block Book for Harris County and being the
248	242		Southeast corner of the called 77.817 acre tract and the Southeast
249	243		corner of this tract herein described.
250	244		THENCE NORTH 17 DEGREES 11 MINUTES 18 SECONDS EAST, a
251	245		distance of 1499.32 feet, (called 1500.55 feet), with the west line
252	246		of said Rustic Acres Section 2 to a 5/8 inch iron rod found at the
253	247		intersection of the south right-of-way of Stoker Road, having a
254	248		right-of-way width of 100 feet, for the Northwest corner of Rustic
255	249		Acres Section 2 and same being the Southwest corner of Indian Shores
256	250		Section 6 according to the map of plat filed in Volume 165, Page 52
257	251		HCMR.
258	252		THENCE NORTH 17 DEGREES 05 MINUTES 22 SECONDS EAST, a
259	253		distance of 644.33 feet with the west line of said Indian Shores
260	254		Section 6 to a 5/8 inch iron rod found in the south line of Lot 2,
261	255		Block 6 of Indian Shores Section One according to the map or plat
262	256		recorded in Volume 119, Page 63 HCMR for the Northwest corner of
263	257		Indian Shores Section 6 and the Northeast corner of this tract
264	258		herein described.
265	259		THENCE FOLLOWING THE SOUTH BOUNDARY OF INDIAN SHORES SECTION
266	260		ONE (1) IN A WESTERLY DIRECTION AS FOLLOWS
267	261		THENCE SOUTH 87 DEGREES 51 MINUTES 26 SECONDS WEST, a
268	262		distance of 181.78 feet to a 5/8 inch iron rod found for an angle
269	263		point.
270	264		THENCE NORTH 84 DEGREES 11 MINUTES 58 SECONDS WEST, a
271	265		distance of 304.97 feet to a 1 inch iron pipe found for an angle
272	266		point,
273	267		THENCE NORTH 73 DEGREES 27 MINUTES 09 SECONDS WEST, a
274	268		distance of 274.25 feet to a 1/4 inch iron rod found for an angle
275	269		point,
276	270		THENCE NORTH 57 DEGREES 45 MINUTES 08 SECONDS WEST, a
277	271		distance of 954.57 feet to a 1 inch iron pipe found for the
278	272		Northeast corner of Lot One (1), Block Four (4) of Indian Shores
279	273		Section Two (2) according to the map or plat recorded in Volume 125,
280	274		Page 6 HCMR for the Northwest corner of this tract.
281	275		THENCE FOLLOWING THE EAST LINE OF SAID INDIAN SHORES SECTION
282	276		TWO (2) AS FOLLOWS:
283	277		THENCE SOUTH 40 DEGREES 25 MINUTES 36 SECONDS WEST, a
284	278		distance of 240.48 feet to a 1/2 inch iron rod found at the
285	279		Intersection with the south right-of-way of Running Bear Trail,
286	280		having a right-of-way width of sixty (60) feet.
287	281		THENCE NORTH 45 DEGREES 58 MINUTES 51 SECONDS WEST, a
288	282		distance of 30.35 feet with the south right-of-way of Running Bear
289	283		Trail to a 3/8 inch iron rod found for the Northeast corner at Lot 1,
290	284		Block 10 of said Section 2,
291	285		THENCE SOUTH 43 DEGREES 23 MINUTES 15 SECONDS WEST, a
292	286		distance of 223.16 feet to a 1/2 inch iron rod found for the
293	287		Southeast corner of said Lot 1, Block 10,
294	288		THENCE NORTH 26 DEGREES 19 MINUTES 19 SECONDS WEST, a
295	289		distance of 28.88 feet to a 1/2 inch iron rod found for the
296	290		Northeast corner of Lot 2, Block 10,
297	291		THENCE SOUTH 71 DEGREES 13 MINUTES 06 SECONDS WEST, a
298	292		distance of 829.60 feet to a 5/8 inch iron rod found for the
299	293		Southwest corner of Lot 11, Block 13, Section 2,
300	294		THENCE SOUTH 18 DEGREES 44 MINUTES 18 SECONDS EAST, a
301	295		distance of 80.01 feet to a 5/8 inch iron rod found for an angle
302	296		point,
303	297		THENCE SOUTH 16 DEGREES 03 MINUTES 16 SECONDS WEST, a
304	298		distance of 523.67 feet to a 1 inch iron bolt found for an angle
305	299		point,
306	300		THENCE SOUTH 20 DEGREES 38 MINUTES 58 SECONDS WEST, a
307	301		distance of 1006.73 feet to a 1/2 inch iron rod found for an angle
308	302		point,
309	303		THENCE SOUTH 64 DEGREES 27 MINUTES 48 SECONDS EAST, a
310	304		distance of 214.94 feet to a 1/2 inch iron rod found for an angle
311	305		point and being the Northeast corner of White Dove Trail, having a
312	306		right-of-way width of sixty (60) feet,
313	307		THENCE SOUTH 22 DEGREES 15 MINUTES 37 SECONDS WEST, a
314	308		distance of 43.07 feet with the east right-of-way of said White Dove
315	309		Trail to a 3/4 inch iron rod found for the Northwest corner of Lot 1,
316	310		Block 17, Indian Shores Section 3,
317	311		THENCE SOUTH 67 DEGREES 59 MINUTES 55 SECONDS EAST, a
318	312		distance of 170.27 feet to a 5/8 inch iron rod found for an angle
319	313		point,
320	314		THENCE SOUTH 22 DEGREES 08 MINUTES 33 SECONDS WEST, a
321	315		distance of 125.02 feet to a 1/2 inch iron rod found for the
322	316		Northeast corner of Silver Moon Trail, having a right-of-way width
323	317		of 60 feet,
324	318		THENCE SOUTH 34 DEGREES 03 MINUTES 33 SECONDS WEST, a
325	319		distance of 293.77 feet to a 5/8 inch iron rod found for the most
326	320		south corner of Lot 5, Block 18, Section 3,
327	321		THENCE SOUTH 43 DEGREES 54 MINUTES 05 SECONDS EAST, a
328	322		distance of 151.12 feet to the PLACE OF BEGINNING and containing
329	323		138.03 acres more or less.
330	324		SECTION 3. (a) The legal notice of the intention to
331	325		introduce this Act, setting forth the general substance of this
332	326		Act, has been published as provided by law, and the notice and a
333	327		copy of this Act have been furnished to all persons, agencies,
334	328		officials, or entities to which they are required to be furnished
335	329		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
336	330		Government Code.
337	331		(b) The governor, one of the required recipients, has
338	332		submitted the notice and Act to the Texas Commission on
339	333		Environmental Quality.
340	334		(c) The Texas Commission on Environmental Quality has filed
341	335		its recommendations relating to this Act with the governor, the
342	336		lieutenant governor, and the speaker of the house of
343	337		representatives within the required time.
344	338		(d) All requirements of the constitution and laws of this
345	339		state and the rules and procedures of the legislature with respect
346	340		to the notice, introduction, and passage of this Act are fulfilled
347	341		and accomplished.
348	342		SECTION 4. (a) Section 7924.107, Special District Local
349	343		Laws Code, as added by Section 1 of this Act, takes effect only if
350	344		this Act receives a two-thirds vote of all the members elected to
351	345		each house.
352	346		(b) If this Act does not receive a two-thirds vote of all the
353	347		members elected to each house, Subchapter C, Chapter 7924, Special
354	348		District Local Laws Code, as added by Section 1 of this Act, is
355	349		amended by adding Section 7924.107 to read as follows:
356	350		Sec. 7924.107. NO EMINENT DOMAIN POWER. The district may
357	351		not exercise the power of eminent domain.
358	352		(c) This section is not intended to be an expression of a
359	353		legislative interpretation of the requirements of Section 17(c),
360	354		Article I, Texas Constitution.
361	355		SECTION 5. This Act takes effect immediately if it receives
362	356		a vote of two-thirds of all the members elected to each house, as
363	357		provided by Section 39, Article III, Texas Constitution. If this
364	358		Act does not receive the vote necessary for immediate effect, this
365	359		Act takes effect September 1, 2015.
366		-	* * * * *