Texas 2017 - 85th Regular

Texas Senate Bill SB2257 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	85R11292 TSR-F
1	2		By: Kolkhorst S.B. No. 2257
2		-	(In the Senate - Filed March 28, 2017; April 3, 2017, read
3		-	first time and referred to Committee on Intergovernmental
4		-	Relations; April 26, 2017, reported favorably by the following
5		-	vote: Yeas 6, Nays 0; April 26, 2017, sent to printer.)
6		-	Click here to see the committee vote
7	3
8	4
9	5		A BILL TO BE ENTITLED
10	6		AN ACT
11	7		relating to the creation of the Harris County Municipal Utility
12	8		District No. 554; granting a limited power of eminent domain;
13	9		providing authority to issue bonds; providing authority to impose
14	10		assessments, fees, and taxes.
15	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	12		SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	13		Code, is amended by adding Chapter 7998 to read as follows:
18	14		CHAPTER 7998. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 554
19	15		SUBCHAPTER A. GENERAL PROVISIONS
20	16		Sec. 7998.001. DEFINITIONS. In this chapter:
21	17		(1) "Board" means the district's board of directors.
22	18		(2) "Commission" means the Texas Commission on
23	19		Environmental Quality.
24	20		(3) "Director" means a board member.
25	21		(4) "District" means the Harris County Municipal
26	22		Utility District No. 554.
27	23		Sec. 7998.002. NATURE OF DISTRICT. The district is a
28	24		municipal utility district created under Section 59, Article XVI,
29	25		Texas Constitution.
30	26		Sec. 7998.003. CONFIRMATION AND DIRECTORS' ELECTION
31	27		REQUIRED. The temporary directors shall hold an election to
32	28		confirm the creation of the district and to elect five permanent
33	29		directors as provided by Section 49.102, Water Code.
34	30		Sec. 7998.004. CONSENT OF MUNICIPALITY REQUIRED. The
35	31		temporary directors may not hold an election under Section 7998.003
36	32		until each municipality in whose corporate limits or
37	33		extraterritorial jurisdiction the district is located has
38	34		consented by ordinance or resolution to the creation of the
39	35		district and to the inclusion of land in the district.
40		-	Sec. 7998.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
41		-	~~(a)~~ The district is created to serve a public purpose and benefit.
	36	+	Sec. 7998.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
	37	+	The district is created to serve a public purpose and benefit.
42	38		(b) The district is created to accomplish the purposes of:
43	39		(1) a municipal utility district as provided by
44	40		general law and Section 59, Article XVI, Texas Constitution; and
45	41		(2) Section 52, Article III, Texas Constitution, that
46	42		relate to the construction, acquisition, improvement, operation,
47	43		or maintenance of macadamized, graveled, or paved roads, or
48	44		improvements, including storm drainage, in aid of those roads.
49	45		Sec. 7998.006. INITIAL DISTRICT TERRITORY. (a) The
50	46		district is initially composed of the territory described by
51	47		Section 2 of the Act enacting this chapter.
52	48		(b) The boundaries and field notes contained in Section 2 of
53	49		the Act enacting this chapter form a closure. A mistake made in the
54	50		field notes or in copying the field notes in the legislative process
55	51		does not affect the district's:
56	52		(1) organization, existence, or validity;
57	53		(2) right to issue any type of bond for the purposes
58	54		for which the district is created or to pay the principal of and
59	55		interest on a bond;
60	56		(3) right to impose a tax; or
61	57		(4) legality or operation.
62	58		SUBCHAPTER B. BOARD OF DIRECTORS
63	59		Sec. 7998.051. GOVERNING BODY; TERMS. (a) The district is
64	60		governed by a board of five elected directors.
65	61		(b) Except as provided by Section 7998.052, directors serve
66	62		staggered four-year terms.
67	63		Sec. 7998.052. TEMPORARY DIRECTORS. (a) The temporary
68	64		board consists of:
69	65		(1) Matthew O'Neill;
70	66		(2) Tayo Ilori;
71	67		(3) Kayvon Tabrizi;
72	68		(4) Joan L. Gill; and
73	69		(5) Justin Klump.
74	70		(b) Temporary directors serve until the earlier of:
75	71		(1) the date permanent directors are elected under
76	72		Section 7998.003; or
77	73		(2) the fourth anniversary of the effective date of
78	74		the Act enacting this chapter.
79	75		(c) If permanent directors have not been elected under
80	76		Section 7998.003 and the terms of the temporary directors have
81	77		expired, successor temporary directors shall be appointed or
82	78		reappointed as provided by Subsection (d) to serve terms that
83	79		expire on the earlier of:
84	80		(1) the date permanent directors are elected under
85	81		Section 7998.003; or
86	82		(2) the fourth anniversary of the date of the
87	83		appointment or reappointment.
88	84		(d) If Subsection (c) applies, the owner or owners of a
89	85		majority of the assessed value of the real property in the district
90	86		may submit a petition to the commission requesting that the
91	87		commission appoint as successor temporary directors the five
92	88		persons named in the petition. The commission shall appoint as
93	89		successor temporary directors the five persons named in the
94	90		petition.
95	91		SUBCHAPTER C. POWERS AND DUTIES
96	92		Sec. 7998.101. GENERAL POWERS AND DUTIES. The district has
97	93		the powers and duties necessary to accomplish the purposes for
98	94		which the district is created.
99	95		Sec. 7998.102. MUNICIPAL UTILITY DISTRICT POWERS AND
100	96		DUTIES. The district has the powers and duties provided by the
101	97		general law of this state, including Chapters 49 and 54, Water Code,
102	98		applicable to municipal utility districts created under Section 59,
103	99		Article XVI, Texas Constitution.
104	100		Sec. 7998.103. AUTHORITY FOR ROAD PROJECTS. Under Section
105	101		52, Article III, Texas Constitution, the district may design,
106	102		acquire, construct, finance, issue bonds for, improve, operate,
107	103		maintain, and convey to this state, a county, or a municipality for
108	104		operation and maintenance macadamized, graveled, or paved roads, or
109	105		improvements, including storm drainage, in aid of those roads.
110		-	Sec. 7998.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
111		-	~~road~~ project must meet all applicable construction standards,
112		-	~~zoning and~~ subdivision requirements, and regulations of each
113		-	~~municipality in~~ whose corporate limits or extraterritorial
114		-	~~jurisdiction the road~~ project is located.
	106	+	Sec. 7998.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
	107	+	project must meet all applicable construction standards, zoning and
	108	+	subdivision requirements, and regulations of each municipality in
	109	+	whose corporate limits or extraterritorial jurisdiction the road
	110	+	project is located.
115	111		(b) If a road project is not located in the corporate limits
116	112		or extraterritorial jurisdiction of a municipality, the road
117	113		project must meet all applicable construction standards,
118	114		subdivision requirements, and regulations of each county in which
119	115		the road project is located.
120	116		(c) If the state will maintain and operate the road, the
121	117		Texas Transportation Commission must approve the plans and
122	118		specifications of the road project.
123	119		Sec. 7998.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
124	120		OR RESOLUTION. The district shall comply with all applicable
125	121		requirements of any ordinance or resolution that is adopted under
126	122		Section 54.016 or 54.0165, Water Code, and that consents to the
127	123		creation of the district or to the inclusion of land in the
128	124		district.
129	125		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
130		-	Sec. 7998.151. ELECTIONS REGARDING TAXES OR BONDS.
131		-	~~(a) The~~ district may issue, without an election, bonds and other
	126	+	Sec. 7998.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
	127	+	district may issue, without an election, bonds and other
132	128		obligations secured by:
133	129		(1) revenue other than ad valorem taxes; or
134	130		(2) contract payments described by Section 7998.153.
135	131		(b) The district must hold an election in the manner
136	132		provided by Chapters 49 and 54, Water Code, to obtain voter approval
137	133		before the district may impose an ad valorem tax or issue bonds
138	134		payable from ad valorem taxes.
139	135		(c) The district may not issue bonds payable from ad valorem
140	136		taxes to finance a road project unless the issuance is approved by a
141	137		vote of a two-thirds majority of the district voters voting at an
142	138		election held for that purpose.
143	139		Sec. 7998.152. OPERATION AND MAINTENANCE TAX. (a) If
144	140		authorized at an election held under Section 7998.151, the district
145	141		may impose an operation and maintenance tax on taxable property in
146	142		the district in accordance with Section 49.107, Water Code.
147	143		(b) The board shall determine the tax rate. The rate may not
148	144		exceed the rate approved at the election.
149	145		Sec. 7998.153. CONTRACT TAXES. (a) In accordance with
150	146		Section 49.108, Water Code, the district may impose a tax other than
151	147		an operation and maintenance tax and use the revenue derived from
152	148		the tax to make payments under a contract after the provisions of
153	149		the contract have been approved by a majority of the district voters
154	150		voting at an election held for that purpose.
155	151		(b) A contract approved by the district voters may contain a
156	152		provision stating that the contract may be modified or amended by
157	153		the board without further voter approval.
158	154		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
159	155		Sec. 7998.201. AUTHORITY TO ISSUE BONDS AND OTHER
160	156		OBLIGATIONS. The district may issue bonds or other obligations
161	157		payable wholly or partly from ad valorem taxes, impact fees,
162	158		revenue, contract payments, grants, or other district money, or any
163	159		combination of those sources, to pay for any authorized district
164	160		purpose.
165	161		Sec. 7998.202. TAXES FOR BONDS. At the time the district
166	162		issues bonds payable wholly or partly from ad valorem taxes, the
167	163		board shall provide for the annual imposition of a continuing
168	164		direct ad valorem tax, without limit as to rate or amount, while all
169	165		or part of the bonds are outstanding as required and in the manner
170	166		provided by Sections 54.601 and 54.602, Water Code.
171	167		Sec. 7998.203. BONDS FOR ROAD PROJECTS. At the time of
172	168		issuance, the total principal amount of bonds or other obligations
173	169		issued or incurred to finance road projects and payable from ad
174	170		valorem taxes may not exceed one-fourth of the assessed value of the
175	171		real property in the district.
176	172		SECTION 2. The Harris County Municipal Utility District
177	173		No. 554 initially includes all the territory contained in the
178	174		following area:
179	175		Being 95.955 acres of land located in the Harris County
180	176		School Land Survey, Abstract 332, Harris County, Texas, more
181	177		particularly being all of that certain called 51.210 acre tract
182	178		described in the deed from Lenert Investments, LLC to AHTX 3LLC, ET
183	179		AL., by an instrument of record in File No. RP-2016-67420, Official
184	180		Public Records of Real Property of said Harris County, Texas, same
185	181		being a portion of that certain called 44.745 acre tract described
186	182		in the deed from Cunningham Interests H, LTD. to Marlon R. Davis, by
187	183		an instrument of record File No. 20150025169, Official Public
188	184		Records of Harris County, Texas, said 95.955 acres being more
189	185		particularly described in two (2) parts by metes and bounds as
190	186		follows:
191	187		TRACT ONE
192	188		BEING a 51.210 acre tract of land situated in the Harris
193	189		County School Land Survey A-332, being part of Lot 11 and Lot 12,
194	190		Section 9, Harris County, Texas, all of a call 38.516 acre tract of
195	191		land described by deed dated August 21, 2014. to Colt David Haack
196	192		and wife, Annette D. Haack, recorded under Film Code
197	193		No. 060-65-2281 of the Official Public Records of Real Property of
198	194		Harris County, Texas and all of a call 12.694 acre tract of land
199	195		described by deed dated September 11, 2014, to Colt David Haack and
200	196		wife, Annette D. Haack, recorded under Film Code No. 061-08-1088 of
201	197		the Official Public Records of Real Property of Harris County,
202	198		Texas said 38.516 acres and 12.694 acres being part of a call 70.801
203	199		acre tract of land described by deed dated November 3, 1999, to A.
204	200		J. Foyt, Jr., recorded under Clerk's File No. U071611, Official
205	201		Public Records of Real Property of Harris County, Texas, said
206	202		51.210 acres being more particularly described by metes and bounds
207	203		as follows:
208	204		BEGINNING at a 3/4 inch iron pipe found for the northeast
209	205		corner of a call 30.213 acre tract of land described by deed dated
210	206		May 6, 1998, now or formerly, Benjamin F. Pacleb and wife, Janice T.
211	207		Pacleb, recorded under Clerk's File No. T055052, Official Public
212	208		Records of Real Property Harris County, Texas, the southeast corner
213	209		of the original call 70.801 acre tract of land same being the
214	210		southeast corner of the call 38.516 acre tract of land for the POINT
215	211		OF BEGINNING and southeast corner of the herein described tract;
216	212		THENCE North 89 degrees 29 minutes 55 seconds West, along the
217	213		north line of the call 30.213 acre tract of land, the north line of
218	214		an original call 76.16 acre tract of land described by deed dated
219	215		March 10, 1994, now or formerly, Randall L. Weaver and Dana M.
220	216		Weaver, recorded under Clerk's File No. P763344, Official Public
221	217		Records of Real Property Harris County, Texas, the north line of a
222	218		call 20.00 acre tract of land described by deed dated May 20, 1996,
223	219		now or formerly, Xavier A. Cantu et al., recorded under Clerk's File
224	220		No. R939784, Official Public Records of Real Property Harris
225	221		County, Texas, the north line of a call 7.00 acre tract of land
226	222		described by deed dated May 9, 1996, now or formerly, Jimmy Cantu.
227	223		And Ruth Cantu, recorded under Clerk's File No. R924594, Official
228	224		Public Records of Real Property Harris County, Texas, the north
229	225		line of a call 15.39 acre tract of land, more or less, described by
230	226		deed dated September 16, 1994, now or formerly, Xavier A. Cantu and
231	227		Ruby Cantu, recorded under Clerk's File No. R074840, Official
232	228		Public Records of Real Property Harris County, Texas, a portion of
233	229		the north line of a call 12.8855 acre tract of land designated as
234	230		Tract 1 by deed dated May 21, 1983, now or formerly, O. D. Hakemack,
235	231		recorded under Clerk's File No. H995356, Official Public Records of
236	232		Real Property Harris County, Texas, a distance of 2289.79 feet to
237	233		the lower southwest corner of the call 38.516 acre tract of land for
238	234		the lower southwest corner of the herein described tract, from
239	235		which a 1 /2 inch rod found with a plastic identification cap bears
240	236		South 0.15 feet;
241	237		THENCE North 00 degrees 16 minutes 03 seconds East, a
242	238		distance of 315.37 feet to a 1/2 inch iron rod found with a plastic
243	239		identification cap stamped C & C Surveying for an apparent
244	240		northeast corner of a tract of land described by deed dated December
245	241		20, 1942, now or formerly, Oscar A. Huenefeld, recorded in Volume
246	242		1269, Page 349, Deed Records Harris County, Texas, for an interior
247	243		corner of the herein described tract;
248	244		THENCE North 89 degrees 25 minutes 37 seconds West, a
249	245		distance of 558.60 feet to a 1/2 inch iron rod found with a plastic
250	246		identification cap in the east line of Stokes Road, the upper
251	247		southwest corner of the call 70.801 acre tract of land for the upper
252	248		southwest corner of the herein described tract;
253	249		THENCE North 00 degrees 13 minutes 28 seconds East, along the
254	250		east line of Stokes Road, at 335.11 feet pass a 1/2 inch iron rod
255	251		found with a plastic identification cap for the northwest corner of
256	252		the call 38.516 acre tract of land, the southwest corner of the call
257	253		12.694 acre tract of land, continuing a total distance of 564.66
258	254		feet to a 1/2 inch iron rod found with a plastic identification cap
259	255		for the northwest corner of the call 12.694 acre tract of land for
260	256		the northwest corner of the herein described tract;
261	257		THENCE South 88 degrees 24 minutes 04 seconds East, leaving
262	258		the east line of Stokes Road, a distance of 528.09 feet to a 1/2 inch
263	259		iron rod found with a plastic identification cap at a fence corner
264	260		post for an angle point of the call 12.694 acre tract of land for an
265	261		angle point of the herein described tract;
266	262		THENCE North 87 degrees 52 minutes 42 seconds East, generally
267	263		along a fence line, a distance of 1684.07 feet to a 1/2 inch iron rod
268	264		found with a plastic identification cap at a fence corner post for
269	265		the northeast corner of the call 12.694 acre tract of land for the
270	266		upper northeast corner of the herein described tract;
271	267		THENCE South 00 degrees 16 minutes 22 seconds East, generally
272	268		along a fence line, a distance of 296.53 feet to a 1/2 inch iron rod
273	269		found with a plastic identification cap at a fence corner post in
274	270		the north line of the call 38.516 acre tract of land for the
275	271		southeast corner of the call 12.694 acre tract of land for an
276	272		interior corner of the herein described tract;
277	273		THENCE South 89 degrees 29 minutes 55 seconds East, generally
278	274		along a fence line, along a portion of the north line of the call
279	275		38.516 acre tract of land, at 628.76 feet pass a fence corner post,
280	276		continuing a total distance of 633.26 feet to a 1/2 inch iron rod
281	277		found with a plastic identification cap in a north-south fence line
282	278		for the northeast corner of the call 38.516 acre tract of land for
283	279		the lower northeast corner of the herein described tract;
284	280		THENCE South 00 degrees 04 minutes 35 seconds West (bearing
285	281		basis), along a portion of the east line of the call 38.516 acre
286	282		tract of land, a distance of 651.19 feet to the POINT OF BEGINNING,
287	283		containing within these metes and bounds a 51.210 acre tract of
288	284		land, more or less, as surveyed by Robert McCay, Registered
289	285		Professional Land Surveyor No. 4509, September 26, 2014.
290	286		TRACT TWO
291	287		All that certain tract or parcel containing 44.7455 acres of
292	288		land out of that certain 81.0465 acre tract of land situated in the
293	289		Harris County School Land Survey, A-332 in Harris County, Texas,
294	290		said 31.0465 acre tract being that same tract of land as described
295	291		in a deed filed for record under Harris County Clerk's File
296	292		No. 20130626732, said 44.7455 acre tract- of land being more
297	293		particularly described by metes and bounds as follows:
298	294		COMMENCING at a 5/8" iron rod with Tony P. Swonke RPLS 4767
299	295		cap (found) in the West right-of-way line of Binford Road, (60.00
300	296		feet in width), marking the Southeast corner of that certain call
301	297		29.971 acre tract of land as described in a deed filed for record
302	298		under Harris County Clerk's File No. 20100221984 and the Northeast
303	299		corner of that certain call 139.81 acre tract of land as described
304	300		in a deed filed for record under Harris County Clerk's file
305	301		No. 20130178495;
306	302		THENCE S 00°47'37" E, a distance of 1,623.78 feet along the
307	303		west right-of-way line of said Binford Road and the East line of
308	304		said 139.81 acre tract of land to a 5/8" iron rod with Tony P. Swonke
309	305		RPLS 4767 cap (found) marking the Southeast corner of said 139.81
310	306		acre tract of land, the Northeast corner of said 81.0465 acre tract
311	307		of land and the Northeast corner and POINT OF BEGINNING of the
312	308		herein described 44.7455 acre tract of land;
313	309		THENCE S 02°48'43" E, a distance of 1,188.19 feet along the
314	310		West right-of-way line of said Binford Road and the East line of
315	311		said 81.0465 acre tract of land to a 5/8" iron rod with EIC cap
316	312		(found) marking the northeast corner of a 43.9932 acre remainder of
317	313		that certain call 522.223 acre tract of land as described in a deed
318	314		filed for record under Harris County Clerk's File No. 20080314221,
319	315		and the Easterly-Southeast corner of said 81.0465 acre tract of
320	316		land and the Southeast corner of the herein described 44.7455 acre
321	317		tract of land;
322	318		THENCE S 86°55'14" W, a distance of 939.31 feet along the
323	319		common line of said 49.9932 acre remainder tract and said 81.0465
324	320		acre tract of land to a 5/8" iron rod with EIC cap (found) for angle
325	321		point;
326	322		THENCE S 89°41-55" W, a distance of 653.87 feet along the
327	323		common line of said 49.9932 acre remainder tract and said 81.0465
328	324		acre tract of land to a 5/8" iron rod with ElC cap (found) marking
329	325		the Northwest corner of said 49.9932 acre remainder tract, an
330	326		interior corner of said 81.0465 acre tract of land and the Southwest
331	327		corner of the herein described 44.7455 acre tract of land;
332	328		THENCE N 01°50'36" W, a distance of 1,285.12 feet to a 5/8"
333	329		iron rod with EIC cap (set) in the South line of said 139.81 acre
334	330		tract of land and the North line of said 81.0465 acre tract of land
335	331		marking Northwest corner of the herein described 44.7455 acre tract
336	332		of land;
337	333		THENCE N 89°56'03" E, a distance of 1,573.03 feet along the
338	334		common line of said 139.81 acre and said 81.0485 acre tracts of land
339	335		to the POINT OF BEGINNING and containing 44.7455 acres of land.
340	336		SECTION 3. (a) The legal notice of the intention to
341	337		introduce this Act, setting forth the general substance of this
342	338		Act, has been published as provided by law, and the notice and a
343	339		copy of this Act have been furnished to all persons, agencies,
344	340		officials, or entities to which they are required to be furnished
345	341		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
346	342		Government Code.
347	343		(b) The governor, one of the required recipients, has
348	344		submitted the notice and Act to the Texas Commission on
349	345		Environmental Quality.
350	346		(c) The Texas Commission on Environmental Quality has filed
351	347		its recommendations relating to this Act with the governor, the
352	348		lieutenant governor, and the speaker of the house of
353	349		representatives within the required time.
354	350		(d) All requirements of the constitution and laws of this
355	351		state and the rules and procedures of the legislature with respect
356	352		to the notice, introduction, and passage of this Act are fulfilled
357	353		and accomplished.
358	354		SECTION 4. (a) If this Act does not receive a two-thirds
359	355		vote of all the members elected to each house, Subchapter C, Chapter
360	356		7998, Special District Local Laws Code, as added by Section 1 of
361	357		this Act, is amended by adding Section 7998.106 to read as follows:
362	358		Sec. 7998.106. NO EMINENT DOMAIN POWER. The district may
363	359		not exercise the power of eminent domain.
364	360		(b) This section is not intended to be an expression of a
365	361		legislative interpretation of the requirements of Section 17(c),
366	362		Article I, Texas Constitution.
367	363		SECTION 5. This Act takes effect immediately if it receives
368	364		a vote of two-thirds of all the members elected to each house, as
369	365		provided by Section 39, Article III, Texas Constitution. If this
370	366		Act does not receive the vote necessary for immediate effect, this
371	367		Act takes effect September 1, 2017.
372		-	* * * * *