Texas 2017 - 85th Regular

Texas House Bill HB2687 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Dutton (Senate Sponsor - Whitmire) H.B. No. 2687
2		-	(In the Senate - Received from the House May 5, 2017;
3		-	May 15, 2017, read first time and referred to Committee on
4		-	Administration; May 23, 2017, reported favorably by the following
5		-	vote: Yeas 7, Nays 0; May 23, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2687
7	2
8	3
9		-	A BILL TO BE ENTITLED
10		-	AN ACT
11	4		relating to the creation of the Lago Bello Municipal Utility
12	5		District No. 1 of Harris County; granting a limited power of eminent
13	6		domain; providing authority to issue bonds; providing authority to
14	7		impose assessments, fees, and taxes.
15	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	9		SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	10		Code, is amended by adding Chapter 7990 to read as follows:
18	11		CHAPTER 7990. LAGO BELLO MUNICIPAL UTILITY DISTRICT NO. 1 OF HARRIS
19	12		COUNTY
20	13		SUBCHAPTER A. GENERAL PROVISIONS
21	14		Sec. 7990.001. DEFINITIONS. In this chapter:
22	15		(1) "Board" means the district's board of directors.
23	16		(2) "Commission" means the Texas Commission on
24	17		Environmental Quality.
25	18		(3) "Director" means a board member.
26	19		(4) "District" means the Lago Bello Municipal Utility
27	20		District No. 1 of Harris County.
28	21		Sec. 7990.002. NATURE OF DISTRICT. The district is a
29	22		municipal utility district created under Section 59, Article XVI,
30	23		Texas Constitution.
31	24		Sec. 7990.003. CONFIRMATION AND DIRECTORS' ELECTION
32	25		REQUIRED. The temporary directors shall hold an election to
33	26		confirm the creation of the district and to elect five permanent
34	27		directors as provided by Section 49.102, Water Code.
35	28		Sec. 7990.004. CONSENT OF MUNICIPALITY REQUIRED. The
36	29		temporary directors may not hold an election under Section 7990.003
37	30		until each municipality in whose corporate limits or
38	31		extraterritorial jurisdiction the district is located has
39	32		consented by ordinance or resolution to the creation of the
40	33		district and to the inclusion of land in the district.
41	34		Sec. 7990.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
42	35		The district is created to serve a public purpose and benefit.
43	36		(b) The district is created to accomplish the purposes of:
44	37		(1) a municipal utility district as provided by
45	38		general law and Section 59, Article XVI, Texas Constitution; and
46	39		(2) Section 52, Article III, Texas Constitution, that
47	40		relate to the construction, acquisition, improvement, operation,
48	41		or maintenance of macadamized, graveled, or paved roads, or
49	42		improvements, including storm drainage, in aid of those roads.
50	43		Sec. 7990.006. INITIAL DISTRICT TERRITORY. (a) The
51	44		district is initially composed of the territory described by
52	45		Section 2 of the Act enacting this chapter.
53	46		(b) The boundaries and field notes contained in Section 2 of
54	47		the Act enacting this chapter form a closure. A mistake made in the
55	48		field notes or in copying the field notes in the legislative process
56	49		does not affect the district's:
57	50		(1) organization, existence, or validity;
58	51		(2) right to issue any type of bond for the purposes
59	52		for which the district is created or to pay the principal of and
60	53		interest on a bond;
61	54		(3) right to impose a tax; or
62	55		(4) legality or operation.
63	56		SUBCHAPTER B. BOARD OF DIRECTORS
64	57		Sec. 7990.051. GOVERNING BODY; TERMS. (a) The district is
65	58		governed by a board of five elected directors.
66	59		(b) Except as provided by Section 7990.052, directors serve
67	60		staggered four-year terms.
68	61		Sec. 7990.052. TEMPORARY DIRECTORS. (a) On or after
69	62		September 1, 2017, the owner or owners of a majority of the assessed
70	63		value of the real property in the district may submit a petition to
71	64		the commission requesting that the commission appoint as temporary
72	65		directors the five persons named in the petition. The commission
73	66		shall appoint as temporary directors the five persons named in the
74	67		petition.
75	68		(b) Temporary directors serve until the earlier of:
76	69		(1) the date permanent directors are elected under
77	70		Section 7990.003; or
78	71		(2) September 1, 2021.
79	72		(c) If permanent directors have not been elected under
80	73		Section 7990.003 and the terms of the temporary directors have
81	74		expired, successor temporary directors shall be appointed or
82	75		reappointed as provided by Subsection (d) to serve terms that
83	76		expire on the earlier of:
84	77		(1) the date permanent directors are elected under
85	78		Section 7990.003; or
86	79		(2) the fourth anniversary of the date of the
87	80		appointment or reappointment.
88	81		(d) If Subsection (c) applies, the owner or owners of a
89	82		majority of the assessed value of the real property in the district
90	83		may submit a petition to the commission requesting that the
91	84		commission appoint as successor temporary directors the five
92	85		persons named in the petition. The commission shall appoint as
93	86		successor temporary directors the five persons named in the
94	87		petition.
95	88		SUBCHAPTER C. POWERS AND DUTIES
96	89		Sec. 7990.101. GENERAL POWERS AND DUTIES. The district has
97	90		the powers and duties necessary to accomplish the purposes for
98	91		which the district is created.
99	92		Sec. 7990.102. MUNICIPAL UTILITY DISTRICT POWERS AND
100	93		DUTIES. The district has the powers and duties provided by the
101	94		general law of this state, including Chapters 49 and 54, Water Code,
102	95		applicable to municipal utility districts created under Section 59,
103	96		Article XVI, Texas Constitution.
104	97		Sec. 7990.103. AUTHORITY FOR ROAD PROJECTS. Under Section
105	98		52, Article III, Texas Constitution, the district may design,
106	99		acquire, construct, finance, issue bonds for, improve, operate,
107	100		maintain, and convey to this state, a county, or a municipality for
108	101		operation and maintenance macadamized, graveled, or paved roads, or
109	102		improvements, including storm drainage, in aid of those roads.
110	103		Sec. 7990.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
111	104		project must meet all applicable construction standards, zoning and
112	105		subdivision requirements, and regulations of each municipality in
113	106		whose corporate limits or extraterritorial jurisdiction the road
114	107		project is located.
115	108		(b) If a road project is not located in the corporate limits
116	109		or extraterritorial jurisdiction of a municipality, the road
117	110		project must meet all applicable construction standards,
118	111		subdivision requirements, and regulations of each county in which
119	112		the road project is located.
120	113		(c) If the state will maintain and operate the road, the
121	114		Texas Transportation Commission must approve the plans and
122	115		specifications of the road project.
123	116		Sec. 7990.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
124	117		OR RESOLUTION. The district shall comply with all applicable
125	118		requirements of any ordinance or resolution that is adopted under
126	119		Section 54.016 or 54.0165, Water Code, and that consents to the
127	120		creation of the district or to the inclusion of land in the
128	121		district.
129	122		Sec. 7990.106. DIVISION OF DISTRICT. (a) The district may
130	123		be divided into two or more new districts only if the district:
131	124		(1) has no outstanding bonded debt; and
132	125		(2) is not imposing ad valorem taxes.
133	126		(b) This chapter applies to any new district created by the
134	127		division of the district, and a new district has all the powers and
135	128		duties of the district.
136	129		(c) Any new district created by the division of the district
137	130		may not, at the time the new district is created, contain any land
138	131		outside the area described by Section 2 of the Act creating this
139	132		chapter.
140	133		(d) The board, on its own motion or on receipt of a petition
141	134		signed by the owner or owners of a majority of the assessed value of
142	135		the real property in the district, may adopt an order dividing the
143	136		district.
144	137		(e) The board may adopt an order dividing the district
145	138		before or after the date the board holds an election under Section
146	139		7990.003 to confirm the district's creation.
147	140		(f) An order dividing the district shall:
148	141		(1) name each new district;
149	142		(2) include the metes and bounds description of the
150	143		territory of each new district;
151	144		(3) appoint temporary directors for each new district;
152	145		and
153	146		(4) provide for the division of assets and liabilities
154	147		between or among the new districts.
155	148		(g) On or before the 30th day after the date of adoption of
156	149		an order dividing the district, the district shall file the order
157	150		with the Texas Commission on Environmental Quality and record the
158	151		order in the real property records of each county in which the
159	152		district is located.
160	153		(h) Any new district created by the division of the district
161	154		shall hold a confirmation and directors' election as required by
162	155		Section 7990.003. If the voters of a new district do not confirm
163	156		the creation of the new district, the assets, obligations,
164	157		territory, and governance of the new district revert to the
165	158		original district.
166	159		(i) Municipal consent to the creation of the district and to
167	160		the inclusion of land in the district granted under Section
168	161		7990.004 acts as municipal consent to the creation of any new
169	162		district created by the division of the district and to the
170	163		inclusion of land in the new district.
171	164		(j) Any new district created by the division of the district
172	165		must hold an election as required by this chapter to obtain voter
173	166		approval before the district may impose a maintenance tax or issue
174	167		bonds payable wholly or partly from ad valorem taxes.
175	168		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
176	169		Sec. 7990.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
177	170		district may issue, without an election, bonds and other
178	171		obligations secured by:
179	172		(1) revenue other than ad valorem taxes; or
180	173		(2) contract payments described by Section 7990.153.
181	174		(b) The district must hold an election in the manner
182	175		provided by Chapters 49 and 54, Water Code, to obtain voter approval
183	176		before the district may impose an ad valorem tax or issue bonds
184	177		payable from ad valorem taxes.
185	178		(c) The district may not issue bonds payable from ad valorem
186	179		taxes to finance a road project unless the issuance is approved by a
187	180		vote of a two-thirds majority of the district voters voting at an
188	181		election held for that purpose.
189	182		Sec. 7990.152. OPERATION AND MAINTENANCE TAX. (a) If
190	183		authorized at an election held under Section 7990.151, the district
191	184		may impose an operation and maintenance tax on taxable property in
192	185		the district in accordance with Section 49.107, Water Code.
193	186		(b) The board shall determine the tax rate. The rate may not
194	187		exceed the rate approved at the election.
195	188		Sec. 7990.153. CONTRACT TAXES. (a) In accordance with
196	189		Section 49.108, Water Code, the district may impose a tax other than
197	190		an operation and maintenance tax and use the revenue derived from
198	191		the tax to make payments under a contract after the provisions of
199	192		the contract have been approved by a majority of the district voters
200	193		voting at an election held for that purpose.
201	194		(b) A contract approved by the district voters may contain a
202	195		provision stating that the contract may be modified or amended by
203	196		the board without further voter approval.
204	197		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
205	198		Sec. 7990.201. AUTHORITY TO ISSUE BONDS AND OTHER
206	199		OBLIGATIONS. The district may issue bonds or other obligations
207	200		payable wholly or partly from ad valorem taxes, impact fees,
208	201		revenue, contract payments, grants, or other district money, or any
209	202		combination of those sources, to pay for any authorized district
210	203		purpose.
211	204		Sec. 7990.202. TAXES FOR BONDS. At the time the district
212	205		issues bonds payable wholly or partly from ad valorem taxes, the
213	206		board shall provide for the annual imposition of a continuing
214	207		direct ad valorem tax, without limit as to rate or amount, while all
215	208		or part of the bonds are outstanding as required and in the manner
216	209		provided by Sections 54.601 and 54.602, Water Code.
217	210		Sec. 7990.203. BONDS FOR ROAD PROJECTS. At the time of
218	211		issuance, the total principal amount of bonds or other obligations
219	212		issued or incurred to finance road projects and payable from ad
220	213		valorem taxes may not exceed one-fourth of the assessed value of the
221	214		real property in the district.
222	215		SECTION 2. The Lago Bello Municipal Utility District No. 1
223	216		of Harris County initially includes all the territory contained in
224	217		the following area:
225	218		1,045.7854 ACRES OF LAND, BEING OUT OF THAT CERTAIN
226	219		CONVEYANCE EXECUTED JULY 15, 1959, FROM E.M. WISE (SOMETIMES KNOWN
227	220		AS E. MONROE WISE) AND WIFE HELEN LUCILLE WISE, GRANTORS, TO PAUL F.
228	221		BAMHART, GRANTEE, RECORDED ON JULY 15, 1959 IN VOLUME 3753, PAGE 16
229	222		OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS, AND RE-RECORDED ON
230	223		SEPTEMBER 25, 1959 IN VOLUME 3814, PAGE 327 OF THE DEED RECORDS OF
231	224		HARRIS COUNTY, TEXAS. THIS CONVEYANCE COVERS 432.716 ACRES, MORE OR
232	225		LESS, OUT OF THE REUBEN WHITE SURVEY, A-84; 455.886 ACRES, MORE OR
233	226		LESS, OUT OF SECTION 2 OF THE HT&BRR CO. SURVEY, A-1619; AND 456.08
234	227		ACRES, MORE OR LESS, OUT OF SECTION 2 & 3 OF THE HT&BRR CO. SURVEY
235	228		401, TOGETHER WITH THAT CERTAIN WARRANTY DEED CONTAINING 89.80
236	229		ACRES, MORE OR LESS, OUT OF SECTION 3 OF THE HT&BRR CO. SURVEY,
237	230		A-501, HARRIS COUNTY, TEXAS, EXECUTED ON DECEMBER 15, 1960, FROM
238	231		MRS. MARY ANDERSON, A WIDOW, LEROY L. ANDERSON JOINED BY HIS WIFE,
239	232		HARRIETT IDELL ANDERSON, MRS. MADELINE ESTHER ANDERSON RAMSEY
240	233		JOINED BY HER HUSBAND, THEO A. RAMSEY, MISS ALICE VIVIAN ANDERSON, A
241	234		SINGLE WOMAN, AND MRS. LUCILLE KENNING HARE, A WIDOW, GRANTORS, TO
242	235		PAUL F. BURNHART, GRANTEE, RECORDED ON JANUARY 16, 1961 IN VOLUME
243	236		4255, PAGE 229 OF THE DEED RECORDS OF HARRIS COUNTY, TEXAS; AND A
244	237		80.0 ACRE TRACT RECORDED UNDER VOLUME 334, PAGE 90 OF THE DEED
245	238		RECORDS OF HARRIS COUNTY, TEXAS; SAID 1,045.7854 ACRES OF LAND
246	239		BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
247	240		BEGINNING AT THE A POINT ON THE EASTERLY LINE OF F.M. HIGHWAY
248	241		2100 (CROSBY-LYCHBURG ROAD)(80 FOOT RIGHT-OF-WAY) AND THE
249	242		SOUTHWEST CORNER OF SAINT CHARLES PLACE SUBDIVISION SECTION 2, A
250	243		SUBDIVISION IN HARRIS COUNTY, TEXAS, ACCORDING TO THE MAP RECORDED
251	244		UNDER VOLUME 23, PAGE 7 OF THE MAP RECORDS OF HARRIS COUNTY, TEXAS.
252	245		THENCE SOUTH 89°03'00" EAST, ALONG THE SOUTH LINE OF SAID ST.
253	246		CHARLES PLACE - SECTION 2, A DISTANCE OF 4613.40 FEET TO THE SOUTH
254	247		EAST CORNER OF SAID ST. CHARLES PLACE - SECTION 2 AND AN INTERIOR
255	248		CORNER OF HEREIN DESCRIBED TRACT;
256	249		THENCE NORTH 00°57'00" EAST, ALONG THE EAST LINE OF SAID ST.
257	250		CHARLES PLACE - SECTION 2, A DISTANCE OF 247.90 FEET TO A POINT IN
258	251		THE CENTERLINE AND END OF EAGLETON LANE (40 FEET WIDE);
259	252		THENCE SOUTH 89°03'00" EAST, A DISTANCE OF 20.00 FEET TO A
260	253		POINT MARKING THE SOUTHEAST CORNER OF SAID EAGLETON LANE;
261	254		THENCE NORTH 00°57'00" EAST, ALONG THE EAST LINE OF SAID
262	255		EAGLETON LANE, A DISTANCE OF 4528.82 FEET TO A POINT IN THE SOUTH
263	256		LINE OF F.M. HIGHYWAY 1942 (CROSBY-CEDAR BAYOU ROAD) (RIGHT-OF-WAY
264	257		VARIES) AND MARKING THE NORTHWEST CORNER OF HEREIN DESCRIBED TRACT;
265	258		THENCE SOUTH 69°03'00" EAST, ALONG THE SOUTH LINE OF SAID F.M.
266	259		HIGHWAY 1942, A DISTANCE OF 3646.64 FEET TO THE SOUTHWEST
267	260		INTERSECTION OF SAID F.M. HIGHYWAY 1942 AND SRALLA ROAD
268	261		(RIGHT-OF-WAY VARIES), SAID POINT MARKING THE NORTHEAST CORNER OF
269	262		HEREIN DESCIBED TRACT;
270	263		THENCE SOUTH 00°48'18" WEST, ALONG THE WEST LINE OF SAID
271	264		SRALLA ROAD, A DISTANCE OF 1466.74 FEET TO A POINT FOR CORNER;
272	265		THENCE IN A SOUTHWESTERLY DIRECTION WITH A CURVE TO THE LEFT,
273	266		HAVING A RADIUS OF 25,143.98 FEET AND A DISTANCE OF 2822.62 FEET,
274	267		WITH A CHORD BEARING OF SOUTH 44°30'24" WEST AND DISTANCE OF 2821.14
275	268		TO A POINT FOR CORNER;
276	269		THENCE IN A SOUTHWESTERLY DIRECTION WITH A CURVE TO THE LEFT,
277	270		HAVING A RADIUS OF 19,203.02 FEET AND A DISTANCE OF 4583.55 FEET
278	271		WITH A CHORD BEARING OF SOUTH 74°14'30" WEST AND DISTANCE OF 4572.67
279	272		FEET TO A POINT FOR CORNER;
280	273		THENCE NORTH 89°03'00" WEST, ALONG THE NORTH LINE OF SAID
281	274		ECLIPSE CAPITAL, LLC TRACT, A DISTANCE OF 1141.79 FEET TO A POINT IN
282	275		THE EAST LINE OF SAID F.M. HIGHWAY 2100;
283	276		THENCE NORTH 03°33'00" WEST, ALONG THE EAST LINE OF SAID F.M.
284	277		HIGHWAY 2100, A DISTANCE OF 3269.23 FEET TO A POINT FOR CORNER;
285	278		THENCE NORTH 13°42'00" WEST, ALONG THE EAST LINE OF SAID F.M.
286	279		HIGHWAY 2100, A DISTANCE 1880.06 FEET TO THE PLACE OF BEGINNING AND
287	280		CONTAINING 1,308.8450 ACRES OF LAND, MORE OR LESS
288	281		SECTION 3. (a) The legal notice of the intention to
289	282		introduce this Act, setting forth the general substance of this
290	283		Act, has been published as provided by law, and the notice and a
291	284		copy of this Act have been furnished to all persons, agencies,
292	285		officials, or entities to which they are required to be furnished
293	286		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
294	287		Government Code.
295	288		(b) The governor, one of the required recipients, has
296	289		submitted the notice and Act to the Texas Commission on
297	290		Environmental Quality.
298	291		(c) The Texas Commission on Environmental Quality has filed
299	292		its recommendations relating to this Act with the governor, the
300	293		lieutenant governor, and the speaker of the house of
301	294		representatives within the required time.
302	295		(d) All requirements of the constitution and laws of this
303	296		state and the rules and procedures of the legislature with respect
304	297		to the notice, introduction, and passage of this Act are fulfilled
305	298		and accomplished.
306	299		SECTION 4. (a) If this Act does not receive a two-thirds
307	300		vote of all the members elected to each house, Subchapter C, Chapter
308	301		7990, Special District Local Laws Code, as added by Section 1 of
309	302		this Act, is amended by adding Section 7990.107 to read as follows:
310	303		Sec. 7990.107. NO EMINENT DOMAIN POWER. The district may
311	304		not exercise the power of eminent domain.
312	305		(b) This section is not intended to be an expression of a
313	306		legislative interpretation of the requirements of Section 17(c),
314	307		Article I, Texas Constitution.
315	308		SECTION 5. This Act takes effect September 1, 2017.
316		-	* * * * *
	309	+	______________________________ ______________________________
	310	+	President of the Senate Speaker of the House
	311	+	I certify that H.B. No. 2687 was passed by the House on May 4,
	312	+	2017, by the following vote: Yeas 137, Nays 6, 2 present, not
	313	+	voting.
	314	+	______________________________
	315	+	Chief Clerk of the House
	316	+	I certify that H.B. No. 2687 was passed by the Senate on May
	317	+	24, 2017, by the following vote: Yeas 30, Nays 1.
	318	+	______________________________
	319	+	Secretary of the Senate
	320	+	APPROVED: _____________________
	321	+	Date
	322	+	_____________________
	323	+	Governor