Texas 2017 - 85th Regular

Texas Senate Bill SB2284 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2284
	1	+	By: Creighton S.B. No. 2284
	2	+	(Huberty)
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. 544; 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 7924 to read as follows:
12	14		CHAPTER 7924. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 544
13	15		SUBCHAPTER A. GENERAL PROVISIONS
14	16		Sec. 7924.001. DEFINITIONS. In this chapter:
15	17		(1) "Board" means the district's board of directors.
16	18		(2) "Commission" means the Texas Commission on
17	19		Environmental Quality.
18	20		(3) "Director" means a board member.
19	21		(4) "District" means the Harris County Municipal
20	22		Utility District No. 544.
21	23		Sec. 7924.002. NATURE OF DISTRICT. The district is a
22	24		municipal utility district created under Section 59, Article XVI,
23	25		Texas Constitution.
24	26		Sec. 7924.003. CONFIRMATION AND DIRECTORS' ELECTION
25	27		REQUIRED. The temporary directors shall hold an election to
26	28		confirm the creation of the district and to elect five permanent
27	29		directors as provided by Section 49.102, Water Code.
28	30		Sec. 7924.004. CONSENT OF MUNICIPALITY REQUIRED. The
29	31		temporary directors may not hold an election under Section 7924.003
30	32		until each municipality in whose corporate limits or
31	33		extraterritorial jurisdiction the district is located has
32	34		consented by ordinance or resolution to the creation of the
33	35		district and to the inclusion of land in the district.
34	36		Sec. 7924.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	37		(a) The district is created to serve a public purpose and benefit.
36	38		(b) The district is created to accomplish the purposes of:
37	39		(1) a municipal utility district as provided by
38	40		general law and Section 59, Article XVI, Texas Constitution; and
39	41		(2) Section 52, Article III, Texas Constitution, that
40	42		relate to the construction, acquisition, improvement, operation,
41	43		or maintenance of macadamized, graveled, or paved roads, or
42	44		improvements, including storm drainage, in aid of those roads.
43	45		Sec. 7924.006. INITIAL DISTRICT TERRITORY. (a) The
44	46		district is initially composed of the territory described by
45	47		Section 2 of the Act enacting this chapter.
46	48		(b) The boundaries and field notes contained in Section 2 of
47	49		the Act enacting this chapter form a closure. A mistake made in the
48	50		field notes or in copying the field notes in the legislative process
49	51		does not affect the district's:
50	52		(1) organization, existence, or validity;
51	53		(2) right to issue any type of bond for the purposes
52	54		for which the district is created or to pay the principal of and
53	55		interest on a bond;
54	56		(3) right to impose a tax; or
55	57		(4) legality or operation.
56	58		SUBCHAPTER B. BOARD OF DIRECTORS
57	59		Sec. 7924.051. GOVERNING BODY; TERMS. (a) The district is
58	60		governed by a board of five elected directors.
59	61		(b) Except as provided by Section 7924.052, directors serve
60	62		staggered four-year terms.
61	63		Sec. 7924.052. TEMPORARY DIRECTORS. (a) On or after the
62	64		effective date of the Act enacting this chapter, the owner or owners
63	65		of a majority of the assessed value of the real property in the
64	66		district may submit a petition to the commission requesting that
65	67		the commission appoint as temporary directors the five persons
66	68		named in the petition. The commission shall appoint as temporary
67	69		directors the five persons named in the petition.
68	70		(b) Temporary directors serve until the earlier of:
69	71		(1) the date permanent directors are elected under
70	72		Section 7924.003; or
71	73		(2) the fourth anniversary of the effective date of
72	74		the Act enacting this chapter.
73	75		(c) If permanent directors have not been elected under
74	76		Section 7924.003 and the terms of the temporary directors have
75	77		expired, successor temporary directors shall be appointed or
76	78		reappointed as provided by Subsection (d) to serve terms that
77	79		expire on the earlier of:
78	80		(1) the date permanent directors are elected under
79	81		Section 7924.003; or
80	82		(2) the fourth anniversary of the date of the
81	83		appointment or reappointment.
82	84		(d) If Subsection (c) applies, the owner or owners of a
83	85		majority of the assessed value of the real property in the district
84	86		may submit a petition to the commission requesting that the
85	87		commission appoint as successor temporary directors the five
86	88		persons named in the petition. The commission shall appoint as
87	89		successor temporary directors the five persons named in the
88	90		petition.
89	91		SUBCHAPTER C. POWERS AND DUTIES
90	92		Sec. 7924.101. GENERAL POWERS AND DUTIES. The district has
91	93		the powers and duties necessary to accomplish the purposes for
92	94		which the district is created.
93	95		Sec. 7924.102. MUNICIPAL UTILITY DISTRICT POWERS AND
94	96		DUTIES. The district has the powers and duties provided by the
95	97		general law of this state, including Chapters 49 and 54, Water Code,
96	98		applicable to municipal utility districts created under Section 59,
97	99		Article XVI, Texas Constitution.
98	100		Sec. 7924.103. AUTHORITY FOR ROAD PROJECTS. Under Section
99	101		52, Article III, Texas Constitution, the district may design,
100	102		acquire, construct, finance, issue bonds for, improve, operate,
101	103		maintain, and convey to this state, a county, or a municipality for
102	104		operation and maintenance macadamized, graveled, or paved roads, or
103	105		improvements, including storm drainage, in aid of those roads.
104	106		Sec. 7924.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	107		road project must meet all applicable construction standards,
106	108		zoning and subdivision requirements, and regulations of each
107	109		municipality in whose corporate limits or extraterritorial
108	110		jurisdiction the road project is located.
109	111		(b) If a road project is not located in the corporate limits
110	112		or extraterritorial jurisdiction of a municipality, the road
111	113		project must meet all applicable construction standards,
112	114		subdivision requirements, and regulations of each county in which
113	115		the road project is located.
114	116		(c) If the state will maintain and operate the road, the
115	117		Texas Transportation Commission must approve the plans and
116	118		specifications of the road project.
117	119		Sec. 7924.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
118	120		OR RESOLUTION. The district shall comply with all applicable
119	121		requirements of any ordinance or resolution that is adopted under
120	122		Section 54.016 or 54.0165, Water Code, and that consents to the
121	123		creation of the district or to the inclusion of land in the
122	124		district.
123	125		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
124	126		Sec. 7924.151. ELECTIONS REGARDING TAXES OR BONDS.
125	127		(a) The district may issue, without an election, bonds and other
126	128		obligations secured by revenue other than ad valorem taxes.
127	129		(b) The district must hold an election in the manner
128	130		provided by Chapters 49 and 54, Water Code, to obtain voter approval
129	131		before the district may impose an ad valorem tax or issue bonds
130	132		payable from ad valorem taxes.
131	133		(c) The district may not issue bonds payable from ad valorem
132	134		taxes to finance a road project unless the issuance is approved by a
133	135		vote of a two-thirds majority of the district voters voting at an
134	136		election held for that purpose.
135	137		Sec. 7924.152. OPERATION AND MAINTENANCE TAX. (a) If
136	138		authorized at an election held under Section 7924.151, the district
137	139		may impose an operation and maintenance tax on taxable property in
138	140		the district in accordance with Section 49.107, Water Code.
139	141		(b) The board shall determine the tax rate. The rate may not
140	142		exceed the rate approved at the election.
141	143		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
142	144		Sec. 7924.201. AUTHORITY TO ISSUE BONDS AND OTHER
143	145		OBLIGATIONS. The district may issue bonds or other obligations
144	146		payable wholly or partly from ad valorem taxes, impact fees,
145	147		revenue, contract payments, grants, or other district money, or any
146	148		combination of those sources, to pay for any authorized district
147	149		purpose.
148	150		Sec. 7924.202. TAXES FOR BONDS. At the time the district
149	151		issues bonds payable wholly or partly from ad valorem taxes, the
150	152		board shall provide for the annual imposition of a continuing
151	153		direct ad valorem tax, without limit as to rate or amount, while all
152	154		or part of the bonds are outstanding as required and in the manner
153	155		provided by Sections 54.601 and 54.602, Water Code.
154	156		Sec. 7924.203. BONDS FOR ROAD PROJECTS. At the time of
155	157		issuance, the total principal amount of bonds or other obligations
156	158		issued or incurred to finance road projects and payable from ad
157	159		valorem taxes may not exceed one-fourth of the assessed value of the
158	160		real property in the district.
159	161		SECTION 2. The Harris County Municipal Utility District No.
160	162		544 initially includes all the territory contained in the following
161	163		area:
162	164		BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING
163	165		138.03 ACRES OF LAND SITUATED IN THE WILLIAM WHITLOCK SURVEY,
164	166		ABSTRACT NO. 85, HARRIS COUNTY, TEXAS, AND BEING ALL OF A CALLED
165	167		60.288 ACRE TRACT BEING PLATTED AS INDIAN SHORES SECTIONS NINE (9)
166	168		AND TEN (10), UNRECORDED AND A CALLED 77.817 ACRE TRACT RECORDED IN
167	169		VOLUME 1250, PAGE 74 HARRIS COUNTY DEED RECORDS, SAID 138.03 ACRE
168	170		TRACT BEING THE SAME 138.0268 ACRE TRACT AS RECORDED IN H.C.C.F., NO
169	171		W777169 AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS,
170	172		AS FOLLOWS TO-WIT:
171	173		Beginning at a 5/8 inch iron rod found in the north line of a
172	174		called 233.8 acre tract as recorded in H.C.C.F. No. Y604056 and
173	175		same being the Southeast corner of lot Four (4), Block Eighteen (18)
174	176		of Indian Shores Section 3, according to the map or plat recorded in
175	177		Volume 131, Page 32 Harris County Map Records (HCMR) and being the
176	178		Southeast corner of the called 60.288 acre tract and the Southeast
177	179		corner and PLACE OF BEGINNING of the tract herein described.
178	180		THENCE NORTH 87 DEGREES 42 MINUTES 19 SECONDS EAST, a
179	181		distance of 2299.67 feet with the north line of the Wheless tract to
180	182		a 1 inch iron pipe found for the Southwest corner Lot 1, Block 8 of
181	183		Rustic Acres Section 2, according to the map or plat recorded in
182	184		Volume 104, Page 809 Block Book for Harris County and being the
183	185		Southeast corner of the called 77.817 acre tract and the Southeast
184	186		corner of this tract herein described.
185	187		THENCE NORTH 17 DEGREES 11 MINUTES 18 SECONDS EAST, a
186	188		distance of 1499.32 feet, (called 1500.55 feet), with the west line
187	189		of said Rustic Acres Section 2 to a 5/8 inch iron rod found at the
188	190		intersection of the south right-of-way of Stoker Road, having a
189	191		right-of-way width of 100 feet, for the Northwest corner of Rustic
190	192		Acres Section 2 and same being the Southwest corner of Indian Shores
191	193		Section 6 according to the map of plat filed in Volume 165, Page 52
192	194		HCMR.
193	195		THENCE NORTH 17 DEGREES 05 MINUTES 22 SECONDS EAST, a
194	196		distance of 644.33 feet with the west line of said Indian Shores
195	197		Section 6 to a 5/8 inch iron rod found in the south line of Lot 2,
196	198		Block 6 of Indian Shores Section One according to the map or plat
197	199		recorded in Volume 119, Page 63 HCMR for the Northwest corner of
198	200		Indian Shores Section 6 and the Northeast corner of this tract
199	201		herein described.
200	202		THENCE FOLLOWING THE SOUTH BOUNDARY OF INDIAN SHORES SECTION
201	203		ONE (1) IN A WESTERLY DIRECTION AS FOLLOWS
202	204		THENCE SOUTH 87 DEGREES 51 MINUTES 26 SECONDS WEST, a
203	205		distance of 181.78 feet to a 5/8 inch iron rod found for an angle
204	206		point.
205	207		THENCE NORTH 84 DEGREES 11 MINUTES 58 SECONDS WEST, a
206	208		distance of 304.97 feet to a 1 inch iron pipe found for an angle
207	209		point,
208	210		THENCE NORTH 73 DEGREES 27 MINUTES 09 SECONDS WEST, a
209	211		distance of 274.25 feet to a 1/4 inch iron rod found for an angle
210	212		point,
211	213		THENCE NORTH 57 DEGREES 45 MINUTES 08 SECONDS WEST, a
212	214		distance of 954.57 feet to a 1 inch iron pipe found for the
213	215		Northeast corner of Lot One (1), Block Four (4) of Indian Shores
214	216		Section Two (2) according to the map or plat recorded in Volume 125,
215	217		Page 6 HCMR for the Northwest corner of this tract.
216	218		THENCE FOLLOWING THE EAST LINE OF SAID INDIAN SHORES SECTION
217	219		TWO (2) AS FOLLOWS:
218	220		THENCE SOUTH 40 DEGREES 25 MINUTES 36 SECONDS WEST, a
219	221		distance of 240.48 feet to a 1/2 inch iron rod found at the
220	222		Intersection with the south right-of-way of Running Bear Trail,
221	223		having a right-of-way width of sixty (60) feet.
222	224		THENCE NORTH 45 DEGREES 58 MINUTES 51 SECONDS WEST, a
223	225		distance of 30.35 feet with the south right-of-way of Running Bear
224	226		Trail to a 3/8 inch iron rod found for the Northeast corner at Lot 1,
225	227		Block 10 of said Section 2,
226	228		THENCE SOUTH 43 DEGREES 23 MINUTES 15 SECONDS WEST, a
227	229		distance of 223.16 feet to a 1/2 inch iron rod found for the
228	230		Southeast corner of said Lot 1, Block 10,
229	231		THENCE NORTH 26 DEGREES 19 MINUTES 19 SECONDS WEST, a
230	232		distance of 28.88 feet to a 1/2 inch iron rod found for the
231	233		Northeast corner of Lot 2, Block 10,
232	234		THENCE SOUTH 71 DEGREES 13 MINUTES 06 SECONDS WEST, a
233	235		distance of 829.60 feet to a 5/8 inch iron rod found for the
234	236		Southwest corner of Lot 11, Block 13, Section 2,
235	237		THENCE SOUTH 18 DEGREES 44 MINUTES 18 SECONDS EAST, a
236	238		distance of 80.01 feet to a 5/8 inch iron rod found for an angle
237	239		point,
238	240		THENCE SOUTH 16 DEGREES 03 MINUTES 16 SECONDS WEST, a
239	241		distance of 523.67 feet to a 1 inch iron bolt found for an angle
240	242		point,
241	243		THENCE SOUTH 20 DEGREES 38 MINUTES 58 SECONDS WEST, a
242	244		distance of 1006.73 feet to a 1/2 inch iron rod found for an angle
243	245		point,
244	246		THENCE SOUTH 64 DEGREES 27 MINUTES 48 SECONDS EAST, a
245	247		distance of 214.94 feet to a 1/2 inch iron rod found for an angle
246	248		point and being the Northeast corner of White Dove Trail, having a
247	249		right-of-way width of sixty (60) feet,
248	250		THENCE SOUTH 22 DEGREES 15 MINUTES 37 SECONDS WEST, a
249	251		distance of 43.07 feet with the east right-of-way of said White Dove
250	252		Trail to a 3/4 inch iron rod found for the Northwest corner of Lot 1,
251	253		Block 17, Indian Shores Section 3,
252	254		THENCE SOUTH 67 DEGREES 59 MINUTES 55 SECONDS EAST, a
253	255		distance of 170.27 feet to a 5/8 inch iron rod found for an angle
254	256		point,
255	257		THENCE SOUTH 22 DEGREES 08 MINUTES 33 SECONDS WEST, a
256	258		distance of 125.02 feet to a 1/2 inch iron rod found for the
257	259		Northeast corner of Silver Moon Trail, having a right-of-way width
258	260		of 60 feet,
259	261		THENCE SOUTH 34 DEGREES 03 MINUTES 33 SECONDS WEST, a
260	262		distance of 293.77 feet to a 5/8 inch iron rod found for the most
261	263		south corner of Lot 5, Block 18, Section 3,
262	264		THENCE SOUTH 43 DEGREES 54 MINUTES 05 SECONDS EAST, a
263	265		distance of 151.12 feet to the PLACE OF BEGINNING and containing
264	266		138.03 acres more or less.
265	267		SECTION 3. (a) The legal notice of the intention to
266	268		introduce this Act, setting forth the general substance of this
267	269		Act, has been published as provided by law, and the notice and a
268	270		copy of this Act have been furnished to all persons, agencies,
269	271		officials, or entities to which they are required to be furnished
270	272		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
271	273		Government Code.
272	274		(b) The governor, one of the required recipients, has
273	275		submitted the notice and Act to the Texas Commission on
274	276		Environmental Quality.
275	277		(c) The Texas Commission on Environmental Quality has filed
276	278		its recommendations relating to this Act with the governor, the
277	279		lieutenant governor, and the speaker of the house of
278	280		representatives within the required time.
279	281		(d) All requirements of the constitution and laws of this
280	282		state and the rules and procedures of the legislature with respect
281	283		to the notice, introduction, and passage of this Act are fulfilled
282	284		and accomplished.
283	285		SECTION 4. (a) If this Act does not receive a two-thirds
284	286		vote of all the members elected to each house, Subchapter C, Chapter
285	287		7924, Special District Local Laws Code, as added by Section 1 of
286	288		this Act, is amended by adding Section 7924.106 to read as follows:
287	289		Sec. 7924.106. NO EMINENT DOMAIN POWER. The district may
288	290		not exercise the power of eminent domain.
289	291		(b) This section is not intended to be an expression of a
290	292		legislative interpretation of the requirements of Section 17(c),
291	293		Article I, Texas Constitution.
292	294		SECTION 5. This Act takes effect immediately if it receives
293	295		a vote of two-thirds of all the members elected to each house, as
294	296		provided by Section 39, Article III, Texas Constitution. If this
295	297		Act does not receive the vote necessary for immediate effect, this
296	298		Act takes effect September 1, 2017.
297		-	______________________________ ______________________________
298		-	President of the Senate Speaker of the House
299		-	I hereby certify that S.B. No. 2284 passed the Senate on
300		-	May 12, 2017, by the following vote: Yeas 30, Nays 1.
301		-	______________________________
302		-	Secretary of the Senate
303		-	I hereby certify that S.B. No. 2284 passed the House on
304		-	May 24, 2017, by the following vote: Yeas 137, Nays 9, two
305		-	present not voting.
306		-	______________________________
307		-	Chief Clerk of the House
308		-	Approved:
309		-	______________________________
310		-	Date
311		-	______________________________
312		-	Governor