Texas 2017 - 85th Regular

Texas House Bill HB4298 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4298
	1	+	By: Oliverson (Senate Sponsor - Bettencourt) H.B. No. 4298
	2	+	(In the Senate - Received from the House May 19, 2017;
	3	+	May 19, 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
	10	+	AN ACT
4	11		relating to the creation of the Harris County Municipal Utility
5	12		District No. 553; granting a limited power of eminent domain;
6	13		providing authority to issue bonds; providing authority to impose
7	14		assessments, fees, and taxes.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. Subtitle F, Title 6, Special District Local Laws
10	17		Code, is amended by adding Chapter 7997 to read as follows:
11	18		CHAPTER 7997. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 553
12	19		SUBCHAPTER A. GENERAL PROVISIONS
13	20		Sec. 7997.001. DEFINITIONS. In this chapter:
14	21		(1) "Board" means the district's board of directors.
15	22		(2) "Commission" means the Texas Commission on
16	23		Environmental Quality.
17	24		(3) "Director" means a board member.
18	25		(4) "District" means the Harris County Municipal
19	26		Utility District No. 553.
20	27		Sec. 7997.002. NATURE OF DISTRICT. The district is a
21	28		municipal utility district created under Section 59, Article XVI,
22	29		Texas Constitution.
23	30		Sec. 7997.003. CONFIRMATION AND DIRECTORS' ELECTION
24	31		REQUIRED. The temporary directors shall hold an election to
25	32		confirm the creation of the district and to elect five permanent
26	33		directors as provided by Section 49.102, Water Code.
27	34		Sec. 7997.004. CONSENT OF MUNICIPALITY REQUIRED. The
28	35		temporary directors may not hold an election under Section 7997.003
29	36		until each municipality in whose corporate limits or
30	37		extraterritorial jurisdiction the district is located has
31	38		consented by ordinance or resolution to the creation of the
32	39		district and to the inclusion of land in the district.
33	40		Sec. 7997.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
34	41		The district is created to serve a public purpose and benefit.
35	42		(b) The district is created to accomplish the purposes of:
36	43		(1) a municipal utility district as provided by
37	44		general law and Section 59, Article XVI, Texas Constitution; and
38	45		(2) Section 52, Article III, Texas Constitution, that
39	46		relate to the construction, acquisition, or improvement of
40	47		macadamized, graveled, or paved roads described by Section 54.234,
41	48		Water Code, or improvements, including storm drainage, in aid of
42	49		those roads.
43	50		Sec. 7997.006. INITIAL DISTRICT TERRITORY. (a) The
44	51		district is initially composed of the territory described by
45	52		Section 2 of the Act enacting this chapter.
46	53		(b) The boundaries and field notes contained in Section 2 of
47	54		the Act enacting this chapter form a closure. A mistake made in the
48	55		field notes or in copying the field notes in the legislative process
49	56		does not affect the district's:
50	57		(1) organization, existence, or validity;
51	58		(2) right to issue any type of bond for the purposes
52	59		for which the district is created or to pay the principal of and
53	60		interest on a bond;
54	61		(3) right to impose a tax; or
55	62		(4) legality or operation.
56	63		SUBCHAPTER B. BOARD OF DIRECTORS
57	64		Sec. 7997.051. GOVERNING BODY; TERMS. (a) The district is
58	65		governed by a board of five elected directors.
59	66		(b) Except as provided by Section 7997.052, directors serve
60	67		staggered four-year terms.
61	68		Sec. 7997.052. TEMPORARY DIRECTORS. (a) The temporary
62	69		board consists of:
63	70		(1) Ronda Rusk;
64	71		(2) Michael Kim;
65	72		(3) Mark Deruesse;
66	73		(4) Scott Burleson; and
67	74		(5) Art Musgrove.
68	75		(b) Temporary directors serve until the earlier of:
69	76		(1) the date permanent directors are elected under
70	77		Section 7997.003; or
71	78		(2) the fourth anniversary of the effective date of
72	79		the Act enacting this chapter.
73	80		(c) If permanent directors have not been elected under
74	81		Section 7997.003 and the terms of the temporary directors have
75	82		expired, successor temporary directors shall be appointed or
76	83		reappointed as provided by Subsection (d) to serve terms that
77	84		expire on the earlier of:
78	85		(1) the date permanent directors are elected under
79	86		Section 7997.003; or
80	87		(2) the fourth anniversary of the date of the
81	88		appointment or reappointment.
82	89		(d) If Subsection (c) applies, the owner or owners of a
83	90		majority of the assessed value of the real property in the district
84	91		may submit a petition to the commission requesting that the
85	92		commission appoint as successor temporary directors the five
86	93		persons named in the petition. The commission shall appoint as
87	94		successor temporary directors the five persons named in the
88	95		petition.
89	96		SUBCHAPTER C. POWERS AND DUTIES
90	97		Sec. 7997.101. GENERAL POWERS AND DUTIES. The district has
91	98		the powers and duties necessary to accomplish the purposes for
92	99		which the district is created.
93	100		Sec. 7997.102. MUNICIPAL UTILITY DISTRICT POWERS AND
94	101		DUTIES. The district has the powers and duties provided by the
95	102		general law of this state, including Chapters 49 and 54, Water Code,
96	103		applicable to municipal utility districts created under Section 59,
97	104		Article XVI, Texas Constitution.
98	105		Sec. 7997.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
99	106		Section 52, Article III, Texas Constitution, the district may
100	107		design, acquire, construct, finance, issue bonds for, improve, and
101	108		convey to this state, a county, or a municipality for operation and
102	109		maintenance macadamized, graveled, or paved roads described by
103	110		Section 54.234, Water Code, or improvements, including storm
104	111		drainage, in aid of those roads.
105	112		(b) The district may exercise the powers provided by this
106	113		section without submitting a petition to or obtaining approval from
107	114		the commission as required by Section 54.234, Water Code.
108	115		Sec. 7997.104. APPROVAL OF ROAD PROJECT. (a) The district
109	116		may not undertake a road project authorized by Section 7997.103
110	117		unless:
111	118		(1) each municipality or county that will operate and
112	119		maintain the road has approved the plans and specifications of the
113	120		road project, if a municipality or county will operate and maintain
114	121		the road; or
115	122		(2) the Texas Transportation Commission has approved
116	123		the plans and specifications of the road project, if the state will
117	124		operate and maintain the road.
118	125		(b) Except as provided by Subsection (a), the district is
119	126		not required to obtain approval from the Texas Transportation
120	127		Commission to design, acquire, construct, finance, issue bonds for,
121	128		improve, or convey a road project.
122	129		Sec. 7997.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
123	130		OR RESOLUTION. The district shall comply with all applicable
124	131		requirements of any ordinance or resolution that is adopted under
125	132		Section 54.016 or 54.0165, Water Code, and that consents to the
126	133		creation of the district or to the inclusion of land in the
127	134		district.
128	135		Sec. 7997.106. LIMITATION ON USE OF EMINENT DOMAIN. The
129	136		district may not exercise the power of eminent domain outside the
130	137		district to acquire a site or easement for:
131	138		(1) a road project authorized by Section 7997.103; or
132	139		(2) a recreational facility as defined by Section
133	140		49.462, Water Code.
134	141		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
135	142		Sec. 7997.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
136	143		district may issue, without an election, bonds and other
137	144		obligations secured by:
138	145		(1) revenue other than ad valorem taxes; or
139	146		(2) contract payments described by Section 7997.153.
140	147		(b) The district must hold an election in the manner
141	148		provided by Chapters 49 and 54, Water Code, to obtain voter approval
142	149		before the district may impose an ad valorem tax or issue bonds
143	150		payable from ad valorem taxes.
144	151		(c) The district may not issue bonds payable from ad valorem
145	152		taxes to finance a road project unless the issuance is approved by a
146	153		vote of a two-thirds majority of the district voters voting at an
147	154		election held for that purpose.
148	155		Sec. 7997.152. OPERATION AND MAINTENANCE TAX. (a) If
149	156		authorized at an election held under Section 7997.151, the district
150	157		may impose an operation and maintenance tax on taxable property in
151	158		the district in accordance with Section 49.107, Water Code.
152	159		(b) The board shall determine the tax rate. The rate may not
153	160		exceed the rate approved at the election.
154	161		Sec. 7997.153. CONTRACT TAXES. (a) In accordance with
155	162		Section 49.108, Water Code, the district may impose a tax other than
156	163		an operation and maintenance tax and use the revenue derived from
157	164		the tax to make payments under a contract after the provisions of
158	165		the contract have been approved by a majority of the district voters
159	166		voting at an election held for that purpose.
160	167		(b) A contract approved by the district voters may contain a
161	168		provision stating that the contract may be modified or amended by
162	169		the board without further voter approval.
163	170		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
164	171		Sec. 7997.201. AUTHORITY TO ISSUE BONDS AND OTHER
165	172		OBLIGATIONS. The district may issue bonds or other obligations
166	173		payable wholly or partly from ad valorem taxes, impact fees,
167	174		revenue, contract payments, grants, or other district money, or any
168	175		combination of those sources, to pay for any authorized district
169	176		purpose.
170	177		Sec. 7997.202. TAXES FOR BONDS. At the time the district
171	178		issues bonds payable wholly or partly from ad valorem taxes, the
172	179		board shall provide for the annual imposition of a continuing
173	180		direct ad valorem tax, without limit as to rate or amount, while all
174	181		or part of the bonds are outstanding as required and in the manner
175	182		provided by Sections 54.601 and 54.602, Water Code.
176	183		Sec. 7997.203. BONDS FOR ROAD PROJECTS. At the time of
177	184		issuance, the total principal amount of bonds or other obligations
178	185		issued or incurred to finance road projects and payable from ad
179	186		valorem taxes may not exceed one-fourth of the assessed value of the
180	187		real property in the district.
181	188		SECTION 2. The Harris County Municipal Utility District No.
182	189		553 initially includes all the territory contained in the following
183	190		area:
184	191		Approximately 266.85 acres of land, being the following tracts of
185	192		land:
186	193		1. A called 98.5 acre tract of land conveyed to Gulf Coast
187	194		Land Trust in deed of gift recorded in Clerk's File No. 20120599690
188	195		in the Official Public Records of Harris County, Texas, said
189	196		description being referenced in Clerk's File No. E35554 in the
190	197		Official Public Records of Harris County, Texas and further
191	198		described in Volume 5676, Page 103 in the Harris County Deed
192	199		Records;
193	200		2. A called 63.7407 acre tract of land conveyed to Bauer
194	201		Road Properties, LLC described in a deed recorded in Clerk's File
195	202		No. 20150383255 in the Official Public Records of Harris County,
196	203		Texas;
197	204		3. A called 26.1706 acre tract of land conveyed to 22803
198	205		Scheil Partners, LLC described in a deed recorded in Clerk's File
199	206		No. 20130231162 in the Official Public Record of Harris County,
200	207		Texas;
201	208		4. A called 1.576 acre tract (Tract 1), a called 0.1514 acre
202	209		tract (Tract 2), and a called 0.1214 acre (Tract 3) tract of land
203	210		conveyed to 22803 Scheil Partners, LLC described in a deed recorded
204	211		in Clerk's File No. RP-2016-201349 in the Official Public Records
205	212		of Harris County, Texas;
206	213		5. A called 58.5889 acre tract of land (Tract 1) and a called
207	214		34.9999 acre tract of land (Tract 2) conveyed to 93 Scheil Road LTD.
208	215		described in a deed recorded in Clerk's File No. 20110106409 in the
209	216		Official Public Records of Harris County, Texas; SAVE AND EXCEPT a
210	217		called 17.0000 acre tract (Tract 1) out of said the 58.5889 acre
211	218		tract recorded in in Clerk's File No. 20130150358 in the Official
212	219		Public Records of Harris County, Texas;
213	220		all tracts located in the William McCann Survey, Abstract No. 585
214	221		and the J.B. Baker Survey, Abstract No. 116 in Harris County,
215	222		Texas. Said 266.85 acre tract being more fully described as
216	223		follows, with bearings based on the west line of said 63.7407 acre
217	224		tract the bearing being N 00°24'39" W:
218	225		BEGINNING: At a 3/4 inch iron rod found for the northwest corner of
219	226		said 63.7407 acre tract, in the east right of way of Bauer road;
220	227		THENCE: S 89°46'26" E, along and with the north line of said
221	228		63.7407 acre tract, an approximate distance of 1718.62
222	229		feet to a point corner in the north line of said 63.7407
223	230		acre tract, the southwest corner of said 34.9999 acre
224	231		tract;
225	232		THENCE: N 00°00'34" W, along and with the west line of said
226	233		34.9999 acre tract, the west line of said 58.5889 acre
227	234		tract, an approximate distance of 922.92 feet to a point
228	235		at the northwest corner of said 58.5889 acre tract;
229	236		THENCE: S 89°42'56" E, along and with the north line of said
230	237		58.5889 acre tract, an approximate distance of 1513.57
231	238		feet to a point for an interior corner of said 58.5889
232	239		acre tract;
233	240		THENCE: N 01°07'00" E, along and with the west line of said
234	241		58.5889 acre tract, an approximate distance of 905.07
235	242		feet to a point at the southwest corner of said 17.0000
236	243		acre tract;
237	244		THENCE: S 89°58'02" E, along and with the south line of said
238	245		17.0000 acre tract, approximate distance of 1048.77 feet
239	246		to a point for the southeast corner of said 17.0000 acre
240	247		tract, in the east line of said 58.5889 acre tract;
241	248		THENCE: S 00°01'58" W, along and with the east line of said
242	249		58.5889 acre tract, the east line of said 34.9999 tract,
243	250		and a east line of said 26.1706 acre tract, an
244	251		approximate distance of 1913.91 feet to a point for the
245	252		southeast corner of said 26.1706 acre tract;
246	253		THENCE: Along and with the common line of said 26.1706 acre
247	254		tract, and said 8.7235 acre tract, the following course
248	255		and distance:
249	256		S 89°48'33" W, an approximate distance of 691.97 feet to a
250	257		point for corner,
251	258		S 00°08'29" W, an approximate distance of 1160.75 feet to
252	259		a point for corner at the southeast corner of said
253	260		26.1706, the southwest corner of said 8.7235 acre tract,
254	261		and in the north line of said 98.5 acre tract;
255	262		THENCE: S 84°08'16" E, along and with the north line of said north
256	263		line of said 98.5 acre tract, the south line of said
257	264		8.7235 acre tract, an approximate distance of 304.57
258	265		feet to a point for the southeast corner of said 8.7235
259	266		acre tract, and in the west line of said 1.576 acre
260	267		tract;
261	268		THENCE: Along and with the common line of said 8.7235 acre tract,
262	269		and said 1.576 acre tract the following course and
263	270		distance:
264	271		N 00°08'30" E, an approximate distance of 1132.87 feet to
265	272		a point interior corner of said 8.7235 acre tract, and
266	273		said 1.576 acre tract,
267	274		N 89°48'33" E, an approximate distance of 389.02 feet to
268	275		a point at the northeast corner of said 1.576 acre tract,
269	276		the southeast corner of said 8.7235 acre tract;
270	277		THENCE: Along and with the east line of said 1.576 acre tract the
271	278		following course and distance:
272	279		S 00°01'58" W, an approximate distance of 30.00 feet to a
273	280		point for corner,
274	281		S 89°48'33" W, an approximate distance of 343.24 feet to a
275	282		point for corner,
276	283		S 00°08'11" W, an approximate distance of 1193.49 feet to
277	284		a point for corner,
278	285		S 25°06'06" W, an approximate distance of 107.20 feet to a
279	286		point for the south corner of said 1.576 acre tract, and
280	287		in the east line of said 98.5 acre tract;
281	288		THENCE: S 00°04'28" E, along and with the east line of said 98.5
282	289		acre tract an approximate distance of 246.00 feet to a
283	290		point for the northwest corner of said 0.1514 acre tract;
284	291		THENCE: S 81°42'19" E, along and with the north line of said
285	292		0.1514 acre tract, an approximate distance of 61.59 feet
286	293		to a point for the northeast corner of said 0.1514 acre
287	294		tract;
288	295		THENCE: Along and with the east line of said 0.1514 acre tract the
289	296		following course and distance:
290	297		S 07°25'12" W, an approximate distance of 101.21 feet to
291	298		a point for corner,
292	299		S 52°31'04" W, an approximate distance of 59.76 feet to a
293	300		point for corner,
294	301		S 52°31'06" W, an approximate distance of 0.33 feet to a
295	302		point for corner in the east line of said 98.5 acre
296	303		tract,
297	304		THENCE: S 00°04'28" E, along and with the east line of said 98.5
298	305		acre tract, an approximate distance of 129.55 feet to a
299	306		point for the northwest corner of said 0.1266 acre tract,
300	307		THENCE: S 39°42'53" E, an approximate distatnce of 0.40' to an
301	308		angle point,
302	309		THENCE: S 39°42'51" E, along and with the north line of said
303	310		0.1266 acre tract, an approximate distance of 41.05 feet
304	311		to a point for the northeast corner of said 0.1266 acre
305	312		tract;
306	313		THENCE: Along a non-tangent curve to the left, having a radial
307	314		bearing of S 84°50'12" E, a radius of 6335.67 feet, a
308	315		central angle of 05°08'49", a chord bearing and
309	316		approximate distance of S 02°35'24" W, 568.93 feet, for
310	317		an arc length of 569.13 feet to a point for the south
311	318		corner of said 0.1266 acre tract the southeast corner of
312	319		said 98.5 acre tract;
313	320		THENCE: N 78°08'04" W, along and with the south line of said 98.5
314	321		acre tract, an approximate distance of 3983.14 feet to a
315	322		found 4"x4" conc monument for the southwest corner of
316	323		said 98.5 acre tract,
317	324		THENCE: N 00°10'33" W, along and with the west line of said 98.5
318	325		acre tract and also along east line of said Bauer Road,
319	326		an approximate distance of 892.80 to a found 4"x4" conc
320	327		monument for the northwest corner of said 98.5 acre tract
321	328		and for the southwest corner of said 63.7407 acre tract;
322	329		THENCE: N 00°24'39" W, (bearing basis), along and with the west
323	330		line of said 63.7407 acre tract and also along the east
324	331		line of said Bauer Road, an approximate distance of
325	332		892.51 feet to the POINT OF BEGINNING, and containing
326	333		266.85 acres in Harris County, Texas. Said tract being
327	334		described in accordance with a survey made on the ground
328	335		and a survey description and map prepared under job
329	336		number 40428-00 by Pape-Dawson Engineers, Inc.
330	337		SECTION 3. (a) The legal notice of the intention to
331	338		introduce this Act, setting forth the general substance of this
332	339		Act, has been published as provided by law, and the notice and a
333	340		copy of this Act have been furnished to all persons, agencies,
334	341		officials, or entities to which they are required to be furnished
335	342		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
336	343		Government Code.
337	344		(b) The governor, one of the required recipients, has
338	345		submitted the notice and Act to the Texas Commission on
339	346		Environmental Quality.
340	347		(c) The Texas Commission on Environmental Quality has filed
341	348		its recommendations relating to this Act with the governor, the
342	349		lieutenant governor, and the speaker of the house of
343	350		representatives within the required time.
344	351		(d) All requirements of the constitution and laws of this
345	352		state and the rules and procedures of the legislature with respect
346	353		to the notice, introduction, and passage of this Act are fulfilled
347	354		and accomplished.
348	355		SECTION 4. (a) Section 7997.106, Special District Local
349	356		Laws Code, as added by Section 1 of this Act, takes effect only if
350	357		this Act receives a two-thirds vote of all the members elected to
351	358		each house.
352	359		(b) If this Act does not receive a two-thirds vote of all the
353	360		members elected to each house, Subchapter C, Chapter 7997, Special
354	361		District Local Laws Code, as added by Section 1 of this Act, is
355	362		amended by adding Section 7997.106 to read as follows:
356	363		Sec. 7997.106. NO EMINENT DOMAIN POWER. The district may
357	364		not exercise the power of eminent domain.
358	365		(c) This section is not intended to be an expression of a
359	366		legislative interpretation of the requirements of Section 17(c),
360	367		Article I, Texas Constitution.
361	368		SECTION 5. This Act takes effect immediately if it receives
362	369		a vote of two-thirds of all the members elected to each house, as
363	370		provided by Section 39, Article III, Texas Constitution. If this
364	371		Act does not receive the vote necessary for immediate effect, this
365	372		Act takes effect September 1, 2017.
366		-	______________________________ ______________________________
367		-	President of the Senate Speaker of the House
368		-	I certify that H.B. No. 4298 was passed by the House on May
369		-	19, 2017, by the following vote: Yeas 137, Nays 7, 2 present, not
370		-	voting.
371		-	______________________________
372		-	Chief Clerk of the House
373		-	I certify that H.B. No. 4298 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
	373	+	* * * * *