Texas 2017 - 85th Regular

Texas House Bill HB4272 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4272
	1	+	By: Oliverson (Senate Sponsor - Kolkhorst) H.B. No. 4272
	2	+	(In the Senate - Received from the House May 10, 2017;
	3	+	May 10, 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
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the creation of the Harris County Municipal Utility
6	12		District No. 554; granting a limited power of eminent domain;
7	13		providing authority to issue bonds; providing authority to impose
8	14		assessments, fees, and taxes.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	17		Code, is amended by adding Chapter 7998 to read as follows:
12	18		CHAPTER 7998. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 554
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 7998.001. DEFINITIONS. In this chapter:
15	21		(1) "Board" means the district's board of directors.
16	22		(2) "Commission" means the Texas Commission on
17	23		Environmental Quality.
18	24		(3) "Director" means a board member.
19	25		(4) "District" means the Harris County Municipal
20	26		Utility District No. 554.
21	27		Sec. 7998.002. NATURE OF DISTRICT. The district is a
22	28		municipal utility district created under Section 59, Article XVI,
23	29		Texas Constitution.
24	30		Sec. 7998.003. CONFIRMATION AND DIRECTORS' ELECTION
25	31		REQUIRED. The temporary directors shall hold an election to
26	32		confirm the creation of the district and to elect five permanent
27	33		directors as provided by Section 49.102, Water Code.
28	34		Sec. 7998.004. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section 7998.003
30	36		until each municipality in whose corporate limits or
31	37		extraterritorial jurisdiction the district is located has
32	38		consented by ordinance or resolution to the creation of the
33	39		district and to the inclusion of land in the district.
34	40		Sec. 7998.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
35	41		The district is created to serve a public purpose and benefit.
36	42		(b) The district is created to accomplish the purposes of:
37	43		(1) a municipal utility district as provided by
38	44		general law and Section 59, Article XVI, Texas Constitution; and
39	45		(2) Section 52, Article III, Texas Constitution, that
40	46		relate to the construction, acquisition, improvement, operation,
41	47		or maintenance of macadamized, graveled, or paved roads, or
42	48		improvements, including storm drainage, in aid of those roads.
43	49		Sec. 7998.006. INITIAL DISTRICT TERRITORY. (a) The
44	50		district is initially composed of the territory described by
45	51		Section 2 of the Act enacting this chapter.
46	52		(b) The boundaries and field notes contained in Section 2 of
47	53		the Act enacting this chapter form a closure. A mistake made in the
48	54		field notes or in copying the field notes in the legislative process
49	55		does not affect the district's:
50	56		(1) organization, existence, or validity;
51	57		(2) right to issue any type of bond for the purposes
52	58		for which the district is created or to pay the principal of and
53	59		interest on a bond;
54	60		(3) right to impose a tax; or
55	61		(4) legality or operation.
56	62		SUBCHAPTER B. BOARD OF DIRECTORS
57	63		Sec. 7998.051. GOVERNING BODY; TERMS. (a) The district is
58	64		governed by a board of five elected directors.
59	65		(b) Except as provided by Section 7998.052, directors serve
60	66		staggered four-year terms.
61	67		Sec. 7998.052. TEMPORARY DIRECTORS. (a) The temporary
62	68		board consists of:
63	69		(1) Matthew O'Neill;
64	70		(2) Tayo Ilori;
65	71		(3) Kayvon Tabrizi;
66	72		(4) Joan L. Gill; and
67	73		(5) Justin Klump.
68	74		(b) Temporary directors serve until the earlier of:
69	75		(1) the date permanent directors are elected under
70	76		Section 7998.003; or
71	77		(2) the fourth anniversary of the effective date of
72	78		the Act enacting this chapter.
73	79		(c) If permanent directors have not been elected under
74	80		Section 7998.003 and the terms of the temporary directors have
75	81		expired, successor temporary directors shall be appointed or
76	82		reappointed as provided by Subsection (d) to serve terms that
77	83		expire on the earlier of:
78	84		(1) the date permanent directors are elected under
79	85		Section 7998.003; or
80	86		(2) the fourth anniversary of the date of the
81	87		appointment or reappointment.
82	88		(d) If Subsection (c) applies, the owner or owners of a
83	89		majority of the assessed value of the real property in the district
84	90		may submit a petition to the commission requesting that the
85	91		commission appoint as successor temporary directors the five
86	92		persons named in the petition. The commission shall appoint as
87	93		successor temporary directors the five persons named in the
88	94		petition.
89	95		SUBCHAPTER C. POWERS AND DUTIES
90	96		Sec. 7998.101. GENERAL POWERS AND DUTIES. The district has
91	97		the powers and duties necessary to accomplish the purposes for
92	98		which the district is created.
93	99		Sec. 7998.102. MUNICIPAL UTILITY DISTRICT POWERS AND
94	100		DUTIES. The district has the powers and duties provided by the
95	101		general law of this state, including Chapters 49 and 54, Water Code,
96	102		applicable to municipal utility districts created under Section 59,
97	103		Article XVI, Texas Constitution.
98	104		Sec. 7998.103. AUTHORITY FOR ROAD PROJECTS. Under Section
99	105		52, Article III, Texas Constitution, the district may design,
100	106		acquire, construct, finance, issue bonds for, improve, operate,
101	107		maintain, and convey to this state, a county, or a municipality for
102	108		operation and maintenance macadamized, graveled, or paved roads, or
103	109		improvements, including storm drainage, in aid of those roads.
104	110		Sec. 7998.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
105	111		project must meet all applicable construction standards, zoning and
106	112		subdivision requirements, and regulations of each municipality in
107	113		whose corporate limits or extraterritorial jurisdiction the road
108	114		project is located.
109	115		(b) If a road project is not located in the corporate limits
110	116		or extraterritorial jurisdiction of a municipality, the road
111	117		project must meet all applicable construction standards,
112	118		subdivision requirements, and regulations of each county in which
113	119		the road project is located.
114	120		(c) If the state will maintain and operate the road, the
115	121		Texas Transportation Commission must approve the plans and
116	122		specifications of the road project.
117	123		Sec. 7998.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
118	124		OR RESOLUTION. The district shall comply with all applicable
119	125		requirements of any ordinance or resolution that is adopted under
120	126		Section 54.016 or 54.0165, Water Code, and that consents to the
121	127		creation of the district or to the inclusion of land in the
122	128		district.
123	129		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
124	130		Sec. 7998.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
125	131		district may issue, without an election, bonds and other
126	132		obligations secured by:
127	133		(1) revenue other than ad valorem taxes; or
128	134		(2) contract payments described by Section 7998.153.
129	135		(b) The district must hold an election in the manner
130	136		provided by Chapters 49 and 54, Water Code, to obtain voter approval
131	137		before the district may impose an ad valorem tax or issue bonds
132	138		payable from ad valorem taxes.
133	139		(c) The district may not issue bonds payable from ad valorem
134	140		taxes to finance a road project unless the issuance is approved by a
135	141		vote of a two-thirds majority of the district voters voting at an
136	142		election held for that purpose.
137	143		Sec. 7998.152. OPERATION AND MAINTENANCE TAX. (a) If
138	144		authorized at an election held under Section 7998.151, the district
139	145		may impose an operation and maintenance tax on taxable property in
140	146		the district in accordance with Section 49.107, Water Code.
141	147		(b) The board shall determine the tax rate. The rate may not
142	148		exceed the rate approved at the election.
143	149		Sec. 7998.153. CONTRACT TAXES. (a) In accordance with
144	150		Section 49.108, Water Code, the district may impose a tax other than
145	151		an operation and maintenance tax and use the revenue derived from
146	152		the tax to make payments under a contract after the provisions of
147	153		the contract have been approved by a majority of the district voters
148	154		voting at an election held for that purpose.
149	155		(b) A contract approved by the district voters may contain a
150	156		provision stating that the contract may be modified or amended by
151	157		the board without further voter approval.
152	158		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
153	159		Sec. 7998.201. AUTHORITY TO ISSUE BONDS AND OTHER
154	160		OBLIGATIONS. The district may issue bonds or other obligations
155	161		payable wholly or partly from ad valorem taxes, impact fees,
156	162		revenue, contract payments, grants, or other district money, or any
157	163		combination of those sources, to pay for any authorized district
158	164		purpose.
159	165		Sec. 7998.202. TAXES FOR BONDS. At the time the district
160	166		issues bonds payable wholly or partly from ad valorem taxes, the
161	167		board shall provide for the annual imposition of a continuing
162	168		direct ad valorem tax, without limit as to rate or amount, while all
163	169		or part of the bonds are outstanding as required and in the manner
164	170		provided by Sections 54.601 and 54.602, Water Code.
165	171		Sec. 7998.203. BONDS FOR ROAD PROJECTS. At the time of
166	172		issuance, the total principal amount of bonds or other obligations
167	173		issued or incurred to finance road projects and payable from ad
168	174		valorem taxes may not exceed one-fourth of the assessed value of the
169	175		real property in the district.
170	176		SECTION 2. The Harris County Municipal Utility District
171	177		No. 554 initially includes all the territory contained in the
172	178		following area:
173	179		Being 95.955 acres of land located in the Harris County
174	180		School Land Survey, Abstract 332, Harris County, Texas, more
175	181		particularly being all of that certain called 51.210 acre tract
176	182		described in the deed from Lenert Investments, LLC to AHTX 3LLC, ET
177	183		AL., by an instrument of record in File No. RP-2016-67420, Official
178	184		Public Records of Real Property of said Harris County, Texas, same
179	185		being a portion of that certain called 44.745 acre tract described
180	186		in the deed from Cunningham Interests H, LTD. to Marlon R. Davis, by
181	187		an instrument of record File No. 20150025169, Official Public
182	188		Records of Harris County, Texas, said 95.955 acres being more
183	189		particularly described in two (2) parts by metes and bounds as
184	190		follows:
185	191		TRACT ONE
186	192		BEING a 51.210 acre tract of land situated in the Harris
187	193		County School Land Survey A-332, being part of Lot 11 and Lot 12,
188	194		Section 9, Harris County, Texas, all of a call 38.516 acre tract of
189	195		land described by deed dated August 21, 2014. to Colt David Haack
190	196		and wife, Annette D. Haack, recorded under Film Code
191	197		No. 060-65-2281 of the Official Public Records of Real Property of
192	198		Harris County, Texas and all of a call 12.694 acre tract of land
193	199		described by deed dated September 11, 2014, to Colt David Haack and
194	200		wife, Annette D. Haack, recorded under Film Code No. 061-08-1088 of
195	201		the Official Public Records of Real Property of Harris County,
196	202		Texas said 38.516 acres and 12.694 acres being part of a call 70.801
197	203		acre tract of land described by deed dated November 3, 1999, to A.
198	204		J. Foyt, Jr., recorded under Clerk's File No. U071611, Official
199	205		Public Records of Real Property of Harris County, Texas, said
200	206		51.210 acres being more particularly described by metes and bounds
201	207		as follows:
202	208		BEGINNING at a 3/4 inch iron pipe found for the northeast
203	209		corner of a call 30.213 acre tract of land described by deed dated
204	210		May 6, 1998, now or formerly, Benjamin F. Pacleb and wife, Janice T.
205	211		Pacleb, recorded under Clerk's File No. T055052, Official Public
206	212		Records of Real Property Harris County, Texas, the southeast corner
207	213		of the original call 70.801 acre tract of land same being the
208	214		southeast corner of the call 38.516 acre tract of land for the POINT
209	215		OF BEGINNING and southeast corner of the herein described tract;
210	216		THENCE North 89 degrees 29 minutes 55 seconds West, along the
211	217		north line of the call 30.213 acre tract of land, the north line of
212	218		an original call 76.16 acre tract of land described by deed dated
213	219		March 10, 1994, now or formerly, Randall L. Weaver and Dana M.
214	220		Weaver, recorded under Clerk's File No. P763344, Official Public
215	221		Records of Real Property Harris County, Texas, the north line of a
216	222		call 20.00 acre tract of land described by deed dated May 20, 1996,
217	223		now or formerly, Xavier A. Cantu et al., recorded under Clerk's File
218	224		No. R939784, Official Public Records of Real Property Harris
219	225		County, Texas, the north line of a call 7.00 acre tract of land
220	226		described by deed dated May 9, 1996, now or formerly, Jimmy Cantu.
221	227		And Ruth Cantu, recorded under Clerk's File No. R924594, Official
222	228		Public Records of Real Property Harris County, Texas, the north
223	229		line of a call 15.39 acre tract of land, more or less, described by
224	230		deed dated September 16, 1994, now or formerly, Xavier A. Cantu and
225	231		Ruby Cantu, recorded under Clerk's File No. R074840, Official
226	232		Public Records of Real Property Harris County, Texas, a portion of
227	233		the north line of a call 12.8855 acre tract of land designated as
228	234		Tract 1 by deed dated May 21, 1983, now or formerly, O. D. Hakemack,
229	235		recorded under Clerk's File No. H995356, Official Public Records of
230	236		Real Property Harris County, Texas, a distance of 2289.79 feet to
231	237		the lower southwest corner of the call 38.516 acre tract of land for
232	238		the lower southwest corner of the herein described tract, from
233	239		which a 1 /2 inch rod found with a plastic identification cap bears
234	240		South 0.15 feet;
235	241		THENCE North 00 degrees 16 minutes 03 seconds East, a
236	242		distance of 315.37 feet to a 1/2 inch iron rod found with a plastic
237	243		identification cap stamped C & C Surveying for an apparent
238	244		northeast corner of a tract of land described by deed dated December
239	245		20, 1942, now or formerly, Oscar A. Huenefeld, recorded in Volume
240	246		1269, Page 349, Deed Records Harris County, Texas, for an interior
241	247		corner of the herein described tract;
242	248		THENCE North 89 degrees 25 minutes 37 seconds West, a
243	249		distance of 558.60 feet to a 1/2 inch iron rod found with a plastic
244	250		identification cap in the east line of Stokes Road, the upper
245	251		southwest corner of the call 70.801 acre tract of land for the upper
246	252		southwest corner of the herein described tract;
247	253		THENCE North 00 degrees 13 minutes 28 seconds East, along the
248	254		east line of Stokes Road, at 335.11 feet pass a 1/2 inch iron rod
249	255		found with a plastic identification cap for the northwest corner of
250	256		the call 38.516 acre tract of land, the southwest corner of the call
251	257		12.694 acre tract of land, continuing a total distance of 564.66
252	258		feet to a 1/2 inch iron rod found with a plastic identification cap
253	259		for the northwest corner of the call 12.694 acre tract of land for
254	260		the northwest corner of the herein described tract;
255	261		THENCE South 88 degrees 24 minutes 04 seconds East, leaving
256	262		the east line of Stokes Road, a distance of 528.09 feet to a 1/2 inch
257	263		iron rod found with a plastic identification cap at a fence corner
258	264		post for an angle point of the call 12.694 acre tract of land for an
259	265		angle point of the herein described tract;
260	266		THENCE North 87 degrees 52 minutes 42 seconds East, generally
261	267		along a fence line, a distance of 1684.07 feet to a 1/2 inch iron rod
262	268		found with a plastic identification cap at a fence corner post for
263	269		the northeast corner of the call 12.694 acre tract of land for the
264	270		upper northeast corner of the herein described tract;
265	271		THENCE South 00 degrees 16 minutes 22 seconds East, generally
266	272		along a fence line, a distance of 296.53 feet to a 1/2 inch iron rod
267	273		found with a plastic identification cap at a fence corner post in
268	274		the north line of the call 38.516 acre tract of land for the
269	275		southeast corner of the call 12.694 acre tract of land for an
270	276		interior corner of the herein described tract;
271	277		THENCE South 89 degrees 29 minutes 55 seconds East, generally
272	278		along a fence line, along a portion of the north line of the call
273	279		38.516 acre tract of land, at 628.76 feet pass a fence corner post,
274	280		continuing a total distance of 633.26 feet to a 1/2 inch iron rod
275	281		found with a plastic identification cap in a north-south fence line
276	282		for the northeast corner of the call 38.516 acre tract of land for
277	283		the lower northeast corner of the herein described tract;
278	284		THENCE South 00 degrees 04 minutes 35 seconds West (bearing
279	285		basis), along a portion of the east line of the call 38.516 acre
280	286		tract of land, a distance of 651.19 feet to the POINT OF BEGINNING,
281	287		containing within these metes and bounds a 51.210 acre tract of
282	288		land, more or less, as surveyed by Robert McCay, Registered
283	289		Professional Land Surveyor No. 4509, September 26, 2014.
284	290		TRACT TWO
285	291		All that certain tract or parcel containing 44.7455 acres of
286	292		land out of that certain 81.0465 acre tract of land situated in the
287	293		Harris County School Land Survey, A-332 in Harris County, Texas,
288	294		said 31.0465 acre tract being that same tract of land as described
289	295		in a deed filed for record under Harris County Clerk's File
290	296		No. 20130626732, said 44.7455 acre tract- of land being more
291	297		particularly described by metes and bounds as follows:
292	298		COMMENCING at a 5/8" iron rod with Tony P. Swonke RPLS 4767
293	299		cap (found) in the West right-of-way line of Binford Road, (60.00
294	300		feet in width), marking the Southeast corner of that certain call
295	301		29.971 acre tract of land as described in a deed filed for record
296	302		under Harris County Clerk's File No. 20100221984 and the Northeast
297	303		corner of that certain call 139.81 acre tract of land as described
298	304		in a deed filed for record under Harris County Clerk's file
299	305		No. 20130178495;
300	306		THENCE S 00°47'37" E, a distance of 1,623.78 feet along the
301	307		west right-of-way line of said Binford Road and the East line of
302	308		said 139.81 acre tract of land to a 5/8" iron rod with Tony P. Swonke
303	309		RPLS 4767 cap (found) marking the Southeast corner of said 139.81
304	310		acre tract of land, the Northeast corner of said 81.0465 acre tract
305	311		of land and the Northeast corner and POINT OF BEGINNING of the
306	312		herein described 44.7455 acre tract of land;
307	313		THENCE S 02°48'43" E, a distance of 1,188.19 feet along the
308	314		West right-of-way line of said Binford Road and the East line of
309	315		said 81.0465 acre tract of land to a 5/8" iron rod with EIC cap
310	316		(found) marking the northeast corner of a 43.9932 acre remainder of
311	317		that certain call 522.223 acre tract of land as described in a deed
312	318		filed for record under Harris County Clerk's File No. 20080314221,
313	319		and the Easterly-Southeast corner of said 81.0465 acre tract of
314	320		land and the Southeast corner of the herein described 44.7455 acre
315	321		tract of land;
316	322		THENCE S 86°55'14" W, a distance of 939.31 feet along the
317	323		common line of said 49.9932 acre remainder tract and said 81.0465
318	324		acre tract of land to a 5/8" iron rod with EIC cap (found) for angle
319	325		point;
320	326		THENCE S 89°41-55" W, a distance of 653.87 feet along the
321	327		common line of said 49.9932 acre remainder tract and said 81.0465
322	328		acre tract of land to a 5/8" iron rod with ElC cap (found) marking
323	329		the Northwest corner of said 49.9932 acre remainder tract, an
324	330		interior corner of said 81.0465 acre tract of land and the Southwest
325	331		corner of the herein described 44.7455 acre tract of land;
326	332		THENCE N 01°50'36" W, a distance of 1,285.12 feet to a 5/8"
327	333		iron rod with EIC cap (set) in the South line of said 139.81 acre
328	334		tract of land and the North line of said 81.0465 acre tract of land
329	335		marking Northwest corner of the herein described 44.7455 acre tract
330	336		of land;
331	337		THENCE N 89°56'03" E, a distance of 1,573.03 feet along the
332	338		common line of said 139.81 acre and said 81.0485 acre tracts of land
333	339		to the POINT OF BEGINNING and containing 44.7455 acres of land.
334	340		SECTION 3. (a) The legal notice of the intention to
335	341		introduce this Act, setting forth the general substance of this
336	342		Act, has been published as provided by law, and the notice and a
337	343		copy of this Act have been furnished to all persons, agencies,
338	344		officials, or entities to which they are required to be furnished
339	345		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
340	346		Government Code.
341	347		(b) The governor, one of the required recipients, has
342	348		submitted the notice and Act to the Texas Commission on
343	349		Environmental Quality.
344	350		(c) The Texas Commission on Environmental Quality has filed
345	351		its recommendations relating to this Act with the governor, the
346	352		lieutenant governor, and the speaker of the house of
347	353		representatives within the required time.
348	354		(d) All requirements of the constitution and laws of this
349	355		state and the rules and procedures of the legislature with respect
350	356		to the notice, introduction, and passage of this Act are fulfilled
351	357		and accomplished.
352	358		SECTION 4. (a) If this Act does not receive a two-thirds
353	359		vote of all the members elected to each house, Subchapter C, Chapter
354	360		7998, Special District Local Laws Code, as added by Section 1 of
355	361		this Act, is amended by adding Section 7998.106 to read as follows:
356	362		Sec. 7998.106. NO EMINENT DOMAIN POWER. The district may
357	363		not exercise the power of eminent domain.
358	364		(b) This section is not intended to be an expression of a
359	365		legislative interpretation of the requirements of Section 17(c),
360	366		Article I, Texas Constitution.
361	367		SECTION 5. This Act takes effect immediately if it receives
362	368		a vote of two-thirds of all the members elected to each house, as
363	369		provided by Section 39, Article III, Texas Constitution. If this
364	370		Act does not receive the vote necessary for immediate effect, this
365	371		Act takes effect September 1, 2017.
366		-	______________________________ ______________________________
367		-	President of the Senate Speaker of the House
368		-	I certify that H.B. No. 4272 was passed by the House on May 9,
369		-	2017, by the following vote: Yeas 139, Nays 6, 2 present, not
370		-	voting.
371		-	______________________________
372		-	Chief Clerk of the House
373		-	I certify that H.B. No. 4272 was passed by the Senate on May
374		-	24, 2017, by the following vote: Yeas 30, Nays 1.
375		-	______________________________
376		-	Secretary of the Senate
377		-	APPROVED: _____________________
378		-	Date
379		-	_____________________
380		-	Governor
	372	+	* * * * *