Texas 2017 - 85th Regular

Texas Senate Bill SB2267 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2267
	1	+	By: Creighton S.B. No. 2267
	2	+	(Perez)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the creation of the Harris County Municipal Utility
6	8		District No. 555; granting a limited power of eminent domain;
7	9		providing authority to issue bonds; providing authority to impose
8	10		assessments, fees, and taxes.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	13		Code, is amended by adding Chapter 7999 to read as follows:
12	14		CHAPTER 7999. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 555
13	15		SUBCHAPTER A. GENERAL PROVISIONS
14	16		Sec. 7999.001. DEFINITIONS. In this chapter:
15	17		(1) "Board" means the district's board of directors.
16	18		(2) "City" means the City of Baytown.
17	19		(3) "Commission" means the Texas Commission on
18	20		Environmental Quality.
19	21		(4) "Director" means a board member.
20	22		(5) "District" means the Harris County Municipal
21	23		Utility District No. 555.
22	24		Sec. 7999.002. NATURE OF DISTRICT. The district is a
23	25		municipal utility district created under Section 59, Article XVI,
24	26		Texas Constitution.
25	27		Sec. 7999.003. CONFIRMATION AND DIRECTORS' ELECTION
26	28		REQUIRED. The temporary directors shall hold an election to
27	29		confirm the creation of the district and to elect five permanent
28	30		directors as provided by Section 49.102, Water Code.
29	31		Sec. 7999.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	32		temporary directors may not hold an election under Section 7999.003
31	33		until each municipality in whose corporate limits or
32	34		extraterritorial jurisdiction the district is located has:
33	35		(1) consented by ordinance or resolution to the
34	36		creation of the district and to the inclusion of land in the
35	37		district; and
36	38		(2) entered into a development agreement with the
37	39		owner or owners of the real property within the district regarding
38	40		the municipality's requirements for developing or improving the
39	41		land.
40	42		Sec. 7999.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
41	43		(a) The district is created to serve a public purpose and benefit.
42	44		(b) The district is created to accomplish the purposes of:
43	45		(1) a municipal utility district as provided by
44	46		general law and Section 59, Article XVI, Texas Constitution; and
45	47		(2) Section 52, Article III, Texas Constitution, that
46	48		relate to the construction, acquisition, improvement, operation,
47	49		or maintenance of macadamized, graveled, or paved roads, or
48	50		improvements, including storm drainage, in aid of those roads.
49	51		Sec. 7999.006. INITIAL DISTRICT TERRITORY. (a) The
50	52		district is initially composed of the territory described by
51	53		Section 2 of the Act enacting this chapter.
52	54		(b) The boundaries and field notes contained in Section 2 of
53	55		the Act enacting this chapter form a closure. A mistake made in the
54	56		field notes or in copying the field notes in the legislative process
55	57		does not affect the district's:
56	58		(1) organization, existence, or validity;
57	59		(2) right to issue any type of bond for the purposes
58	60		for which the district is created or to pay the principal of and
59	61		interest on a bond;
60	62		(3) right to impose a tax; or
61	63		(4) legality or operation.
62	64		SUBCHAPTER B. BOARD OF DIRECTORS
63	65		Sec. 7999.051. GOVERNING BODY; TERMS. (a) The district is
64	66		governed by a board of five elected directors.
65	67		(b) Except as provided by Section 7999.052, directors serve
66	68		staggered four-year terms.
67	69		Sec. 7999.052. TEMPORARY DIRECTORS. (a) On or after
68	70		September 1, 2017, the owner or owners of a majority of the assessed
69	71		value of the real property in the district may submit a petition to
70	72		the commission requesting that the commission appoint as temporary
71	73		directors the five persons named in the petition. The commission
72	74		shall appoint as temporary directors the five persons named in the
73	75		petition.
74	76		(b) Temporary directors serve until the earlier of:
75	77		(1) the date permanent directors are elected under
76	78		Section 7999.003; or
77	79		(2) September 1, 2021.
78	80		(c) If permanent directors have not been elected under
79	81		Section 7999.003 and the terms of the temporary directors have
80	82		expired, successor temporary directors shall be appointed or
81	83		reappointed as provided by Subsection (d) to serve terms that
82	84		expire on the earlier of:
83	85		(1) the date permanent directors are elected under
84	86		Section 7999.003; or
85	87		(2) the fourth anniversary of the date of the
86	88		appointment or reappointment.
87	89		(d) If Subsection (c) applies, the owner or owners of a
88	90		majority of the assessed value of the real property in the district
89	91		may submit a petition to the commission requesting that the
90	92		commission appoint as successor temporary directors the five
91	93		persons named in the petition. The commission shall appoint as
92	94		successor temporary directors the five persons named in the
93	95		petition.
94	96		SUBCHAPTER C. POWERS AND DUTIES
95	97		Sec. 7999.101. GENERAL POWERS AND DUTIES. The district has
96	98		the powers and duties necessary to accomplish the purposes for
97	99		which the district is created.
98	100		Sec. 7999.102. MUNICIPAL UTILITY DISTRICT POWERS AND
99	101		DUTIES. The district has the powers and duties provided by the
100	102		general law of this state, including Chapters 49 and 54, Water Code,
101	103		applicable to municipal utility districts created under Section 59,
102	104		Article XVI, Texas Constitution.
103	105		Sec. 7999.103. AUTHORITY FOR ROAD PROJECTS. Under Section
104	106		52, Article III, Texas Constitution, the district may design,
105	107		acquire, construct, finance, issue bonds for, improve, operate,
106	108		maintain, and convey to this state, a county, or a municipality for
107	109		operation and maintenance macadamized, graveled, or paved roads, or
108	110		improvements, including storm drainage, in aid of those roads.
109	111		Sec. 7999.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
110	112		road project must meet all applicable construction standards,
111	113		zoning and subdivision requirements, and regulations of each
112	114		municipality in whose corporate limits or extraterritorial
113	115		jurisdiction the road project is located.
114	116		(b) If a road project is not located in the corporate limits
115	117		or extraterritorial jurisdiction of a municipality, the road
116	118		project must meet all applicable construction standards,
117	119		subdivision requirements, and regulations of each county in which
118	120		the road project is located.
119	121		(c) If the state will maintain and operate the road, the
120	122		Texas Transportation Commission must approve the plans and
121	123		specifications of the road project.
122	124		Sec. 7999.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
123	125		OR RESOLUTION. The district shall comply with all applicable
124	126		requirements of any ordinance or resolution that is adopted under
125	127		Section 54.016 or 54.0165, Water Code, and that consents to the
126	128		creation of the district or to the inclusion of land in the
127	129		district.
128	130		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
129	131		Sec. 7999.151. ELECTIONS REGARDING TAXES OR BONDS.
130	132		(a) The district may issue, without an election, bonds and other
131	133		obligations secured by:
132	134		(1) revenue other than ad valorem taxes; or
133	135		(2) contract payments described by Section 7999.153.
134	136		(b) The district must hold an election in the manner
135	137		provided by Chapters 49 and 54, Water Code, to obtain voter approval
136	138		before the district may impose an ad valorem tax or issue bonds
137	139		payable from ad valorem taxes.
138	140		(c) The district may not issue bonds payable from ad valorem
139	141		taxes to finance a road project unless the issuance is approved by a
140	142		vote of a two-thirds majority of the district voters voting at an
141	143		election held for that purpose.
142	144		Sec. 7999.152. OPERATION AND MAINTENANCE TAX. (a) If
143	145		authorized at an election held under Section 7999.151, the district
144	146		may impose an operation and maintenance tax on taxable property in
145	147		the district in accordance with Section 49.107, Water Code.
146	148		(b) The board shall determine the tax rate. The rate may not
147	149		exceed the rate approved at the election.
148	150		Sec. 7999.153. CONTRACT TAXES. (a) In accordance with
149	151		Section 49.108, Water Code, the district may impose a tax other than
150	152		an operation and maintenance tax and use the revenue derived from
151	153		the tax to make payments under a contract after the provisions of
152	154		the contract have been approved by a majority of the district voters
153	155		voting at an election held for that purpose.
154	156		(b) A contract approved by the district voters may contain a
155	157		provision stating that the contract may be modified or amended by
156	158		the board without further voter approval.
157	159		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
158	160		Sec. 7999.201. AUTHORITY TO ISSUE BONDS AND OTHER
159	161		OBLIGATIONS. The district may issue bonds or other obligations
160	162		payable wholly or partly from ad valorem taxes, impact fees,
161	163		revenue, contract payments, grants, or other district money, or any
162	164		combination of those sources, to pay for any authorized district
163	165		purpose.
164	166		Sec. 7999.202. TAXES FOR BONDS. At the time the district
165	167		issues bonds payable wholly or partly from ad valorem taxes, the
166	168		board shall provide for the annual imposition of a continuing
167	169		direct ad valorem tax, without limit as to rate or amount, while all
168	170		or part of the bonds are outstanding as required and in the manner
169	171		provided by Sections 54.601 and 54.602, Water Code.
170	172		Sec. 7999.203. BONDS FOR ROAD PROJECTS. At the time of
171	173		issuance, the total principal amount of bonds or other obligations
172	174		issued or incurred to finance road projects and payable from ad
173	175		valorem taxes may not exceed one-fourth of the assessed value of the
174	176		real property in the district.
175	177		SUBCHAPTER F. ANNEXATION BY CITY
176	178		Sec. 7999.251. EFFECT OF ANNEXATION BY CITY.
177	179		(a) Notwithstanding any other law, if all of the territory of the
178	180		district is annexed by the city into the corporate limits of the
179	181		city before the date of the election held to confirm the creation of
180	182		the district and the district is confirmed at that election, the
181	183		district may not be dissolved and continues in existence.
182	184		(b) Notwithstanding Section 54.016(f)(2), Water Code, an
183	185		allocation agreement between the city and the district that
184	186		provides for the allocation of the taxes or revenues of the district
185	187		and the city following the date of inclusion of all the district's
186	188		territory in the corporate limits of the city may provide that the
187	189		total annual ad valorem taxes collected by the city and the district
188	190		from taxable property in the district may exceed the city's ad
189	191		valorem tax on that property.
190	192		SECTION 2. The Harris County Municipal Utility District No.
191	193		555 initially includes all the territory contained in the following
192	194		area:
193	195		Being a tract of land containing 119.398 Acres of land
194	196		situated in the George Ellis League, Abstract No. 21, Harris
195	197		County, Texas and being out a called 214.397 described in Vol. 7038
196	198		Page 45 Harris County Deed of Records (H.C.D.R.) and all of a called
197	199		119.7776 acre tract conveyed to Anthony Lee Polumbo and Wife
198	200		Carolyn Adams-Polumbo by deed recorded under Harris County Clerks
199	201		File (H.C.C.F.) number V074141. Said 119.398 acre tract being more
200	202		particularly described as following (Bearings are oriented to the
201	203		bearing base reflected in said deed recorded under H.C.C.F. Number
202	204		V074141):
203	205		COMMENCING at a found 1/2 inch iron rod found in the southerly
204	206		right of way (R.O.W.) line at F.M. 1942 marking the northeast corner
205	207		of said 214.397 acre tract and the northeast corner of a called 6.40
206	208		acre tract conveyed to Joaquin Garcia by deed recorded under
207	209		H.C.C.F. Number T898933;
208	210		THENCE S 80°25'00" W along the south R.O.W. line of said F.M.
209	211		1942, a distance of 109.00 feet to a 5/8 inch iron rod found marking
210	212		the northeast corner of said 6.40 acre tract the POINT OF BEGINNING
211	213		and the northeast corner of the herein described tract;
212	214		THENCE S 09°29'00" E departing said F.M. 1942 and along the
213	215		west line of said 6.40 acre tract a distance of 2557.34 feed to a 5/8
214	216		inch iron rod set in the north line of that certain tract conveyed
215	217		to Malcom Brown by deed recording in Vol. 1708, Pg. 203, H.C.D.R.
216	218		and marking the southeast corner of the herein described tract;
217	219		THENCE S 80°47'00" W along the north line of said Brown tract,
218	220		the north line of a called 14.04 acre tract conveyed to Word of
219	221		Faith Fellowship Church by deed recorded under H.C.C.F. Number
220	222		U757159, a distance of 2845.90 feet to a found 1/2 inch iron rod in
221	223		the southeasterly R.O.W. line of a called 18.668 acre Coastal
222	224		Industrial Water Authority tract described in H.C.C.F. Number
223	225		D282570 said point marking the southwest corner of the herein
224	226		described tract;
225	227		THENCE N 28°34'52" E along the west R.O.W. line of said 18.668
226	228		acre tract a distance of 1483.38 feet to a set 5/8" iron rod marking
227	229		a point for curvature to the left;
228	230		THENCE, northeasterly along the easterly R.O.W. line of said
229	231		Coast Industrial Water Authority and said curve to the left, having
230	232		a radius of 1000 feet, an arc length of 609.91 feet, a central angle
231	233		of 34°56'43" and a chord bearing a distance of N 11°06'31", 600.50
232	234		feet to a set 5/8" iron rod marking a point of tangency;
233	235		THENCE N 06°21'51" W continuing along the east R.O.W. line of
234	236		said Coastal Industrial Water Authority a distance of 732.40 feet
235	237		to an angle point from which a found 5/8 inch iron rod bears N 87°13'
236	238		E a distance of 1.41 feet;
237	239		THENCE N 21°35'21" E continuing along the east R.O.W. line of
238	240		said Coastal Industrial Water Authority a distance of 124.90 feet
239	241		to a point in the south R.O.W. of said F.M. 1942, from which a found
240	242		5/8 inch iron rod bears S 77°13' E, 1.55 feet;
241	243		THENCE N 83°38'16" E, departing said Coastal Industrial Water
242	244		Authority and along said south R.O.W. line of F.M. 1942, a distance
243	245		of 399.37 feet to a point for curvature to the left, from which a
244	246		found 5/8 inch iron rod bears N 31°58' W, 2.22 Feet;
245	247		THENCE in a northeasterly direction with said curve to the
246	248		left having a central angle of 03°13'16", a radius of 2914.93 feet,
247	249		an arc length of 163.87 feet, a chord bearing of N 82°01'38" E and a
248	250		chord distance of 163.85 feet to a point of tangency from which a
249	251		found 5/8 inch iron rod bears N 24°23' W, 1.87 feet;
250	252		THENCE N 80°25'00" E, continuing along the south R.O.W. of
251	253		F.M. 1942, a distance of 1053.21 feet to the POINT OF BEGINNING and
252	254		containing 119.398 acres of land.
253	255		SAVE AND EXCEPT the following described portion of said
254	256		119.398 acre tract:
255	257		(SAVE AND EXCEPT TRACT):
256	258		Being a tract of land containing 0.0729 acres (3,175 square
257	259		feet) situated in the George Ellis League, A-21 in Harris County,
258	260		Texas, and also being out of a 119.7776-acre tract from Two Fourteen
259	261		LTD., to Anthony Lee Polumbo and wife, Carolyn Adams-Polumbo by
260	262		deed dated May 24, 2001 as recorded under County Clerk's File No.
261	263		V074141, Film Code No. 540-37-0998 of the Official Public Records
262	264		of Harris County, Texas. Said 0.0729-acre tract being more
263	265		particularly described by metes and bounds as follows:
264	266		Note: The bearings referenced herein are based on the
265	267		119.7776-acre tract as recorded under County Clerk's File No.
266	268		V074141, Film Code No. 540-37-0998 of the Official Public Records
267	269		of Real Property of Harris County, Texas.
268	270		BEGINNING at a found 1/2-inch iron rod located at the
269	271		intersection of the south right-of-way line of Barbers Hill Road
270	272		(F.M. 1942) (100 feet wide) as conveyed unto the State of Texas by
271	273		the following deeds: Volume 4101, Page 586 of the Deed Records of
272	274		Harris County, Texas, County Clerk's File No. B328808, Film Code
273	275		No. 051-19-0916, File No. B357094, Film Code No. 061-11-0735 of the
274	276		Official Public Records of Real Property of Harris County, Texas,
275	277		and the east Canal line of an 18.67-acre tract as conveyed unto
276	278		Coastal Industrial Water Authority by deed recorded under County
277	279		Clerk's File No. D282570, Film Code No. 126-26-1855 of the Official
278	280		Public Records of Real Property of Harris County, Texas, for the
279	281		northwest corner of said 119.7776-acre tract and for northwest
280	282		corner of said tract herein described;
281	283		THENCE North 83°19'01" East with the south right-of-way line
282	284		of said Barbers Hill Road and the north line of said 119.7776-acre
283	285		tract, a distance of 50.00 feet to a set 5/8-inch iron rod with cap
284	286		stamped "Cobb, Fendley & Associates" for the northeast corner of
285	287		said tract herein described;
286	288		THENCE South 06°40'59" East, a distance of 50.00 feet to a set
287	289		5/8-inch iron rod with cap stamp "Cobb, Fendley & Associates" for
288	290		the southeast corner of said tract herein described;
289	291		THENCE South 83°19'01" West, a distance of 76.99 feet to a set
290	292		5/8-inch iron rod with cap stamped "Cobb, Fendley & Associates"
291	293		located in the east line of said 18.67-acre tract and the west line
292	294		of said 119.7776-acre tract for the southwest corner of said tract
293	295		herein described;
294	296		THENCE North 21°40'31" East with the east line of said
295	297		18.67-acre tract and the west line of said 119.7776-acre tract, a
296	298		distance of 56.82 feet to the POINT OF BEGINNING and containing
297	299		0.0729 acres (3,175 square feet) of land, more or less.
298	300		SECTION 3. (a) The legal notice of the intention to
299	301		introduce this Act, setting forth the general substance of this
300	302		Act, has been published as provided by law, and the notice and a
301	303		copy of this Act have been furnished to all persons, agencies,
302	304		officials, or entities to which they are required to be furnished
303	305		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
304	306		Government Code.
305	307		(b) The governor, one of the required recipients, has
306	308		submitted the notice and Act to the Texas Commission on
307	309		Environmental Quality.
308	310		(c) The Texas Commission on Environmental Quality has filed
309	311		its recommendations relating to this Act with the governor, the
310	312		lieutenant governor, and the speaker of the house of
311	313		representatives within the required time.
312	314		(d) All requirements of the constitution and laws of this
313	315		state and the rules and procedures of the legislature with respect
314	316		to the notice, introduction, and passage of this Act are fulfilled
315	317		and accomplished.
316	318		SECTION 4. (a) If this Act does not receive a two-thirds
317	319		vote of all the members elected to each house, Subchapter C, Chapter
318	320		7999, Special District Local Laws Code, as added by Section 1 of
319	321		this Act, is amended by adding Section 7999.106 to read as follows:
320	322		Sec. 7999.106. NO EMINENT DOMAIN POWER. The district may
321	323		not exercise the power of eminent domain.
322	324		(b) This section is not intended to be an expression of a
323	325		legislative interpretation of the requirements of Section 17(c),
324	326		Article I, Texas Constitution.
325	327		SECTION 5. This Act takes effect September 1, 2017.
326		-	______________________________ ______________________________
327		-	President of the Senate Speaker of the House
328		-	I hereby certify that S.B. No. 2267 passed the Senate on
329		-	May 4, 2017, by the following vote: Yeas 31, Nays 0.
330		-	______________________________
331		-	Secretary of the Senate
332		-	I hereby certify that S.B. No. 2267 passed the House on
333		-	May 24, 2017, by the following vote: Yeas 139, Nays 7, two
334		-	present not voting.
335		-	______________________________
336		-	Chief Clerk of the House
337		-	Approved:
338		-	______________________________
339		-	Date
340		-	______________________________
341		-	Governor