Texas 2017 - 85th Regular

Texas Senate Bill SB2290 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2290
	1	+	By: Creighton S.B. No. 2290
	2	+	(Bell)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		relating to the creation of the Harris County Municipal Utility
5	7		District No. 557; granting a limited power of eminent domain;
6	8		providing authority to issue bonds; providing authority to impose
7	9		assessments, fees, and taxes.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Subtitle F, Title 6, Special District Local Laws
10	12		Code, is amended by adding Chapter 8015 to read as follows:
11	13		CHAPTER 8015. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 557
12	14		SUBCHAPTER A. GENERAL PROVISIONS
13	15		Sec. 8015.001. DEFINITIONS. In this chapter:
14	16		(1) "Board" means the district's board of directors.
15	17		(2) "Commission" means the Texas Commission on
16	18		Environmental Quality.
17	19		(3) "Director" means a board member.
18	20		(4) "District" means the Harris County Municipal
19	21		Utility District No. 557.
20	22		Sec. 8015.002. NATURE OF DISTRICT. The district is a
21	23		municipal utility district created under Section 59, Article XVI,
22	24		Texas Constitution.
23	25		Sec. 8015.003. CONFIRMATION AND DIRECTORS' ELECTION
24	26		REQUIRED. The temporary directors shall hold an election to
25	27		confirm the creation of the district and to elect five permanent
26	28		directors as provided by Section 49.102, Water Code.
27	29		Sec. 8015.004. CONSENT OF MUNICIPALITY REQUIRED. The
28	30		temporary directors may not hold an election under Section 8015.003
29	31		until each municipality in whose corporate limits or
30	32		extraterritorial jurisdiction the district is located has
31	33		consented by ordinance or resolution to the creation of the
32	34		district and to the inclusion of land in the district.
33	35		Sec. 8015.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
34	36		(a) The district is created to serve a public purpose and benefit.
35	37		(b) The district is created to accomplish the purposes of:
36	38		(1) a municipal utility district as provided by
37	39		general law and Section 59, Article XVI, Texas Constitution; and
38	40		(2) Section 52, Article III, Texas Constitution, that
39	41		relate to the construction, acquisition, or improvement of
40	42		macadamized, graveled, or paved roads described by Section 54.234,
41	43		Water Code, or improvements, including storm drainage, in aid of
42	44		those roads.
43	45		Sec. 8015.006. 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. 8015.051. 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 8015.052, directors serve
60	62		staggered four-year terms.
61	63		Sec. 8015.052. TEMPORARY DIRECTORS. (a) The temporary
62	64		board consists of:
63	65		(1) _________________;
64	66		(2) _________________;
65	67		(3) _________________;
66	68		(4) _________________; and
67	69		(5) _________________.
68	70		(b) Temporary directors serve until the earlier of:
69	71		(1) the date permanent directors are elected under
70	72		Section 8015.003; 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 8015.003 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 8015.003; 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. 8015.101. 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. 8015.102. 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. 8015.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
99	101		Section 52, Article III, Texas Constitution, the district may
100	102		design, acquire, construct, finance, issue bonds for, improve, and
101	103		convey to this state, a county, or a municipality for operation and
102	104		maintenance macadamized, graveled, or paved roads described by
103	105		Section 54.234, Water Code, or improvements, including storm
104	106		drainage, in aid of those roads.
105	107		(b) The district may exercise the powers provided by this
106	108		section without submitting a petition to or obtaining approval from
107	109		the commission as required by Section 54.234, Water Code.
108	110		Sec. 8015.104. APPROVAL OF ROAD PROJECT. (a) The district
109	111		may not undertake a road project authorized by Section 8015.103
110	112		unless:
111	113		(1) each municipality or county that will operate and
112	114		maintain the road has approved the plans and specifications of the
113	115		road project, if a municipality or county will operate and maintain
114	116		the road; or
115	117		(2) the Texas Transportation Commission has approved
116	118		the plans and specifications of the road project, if the state will
117	119		operate and maintain the road.
118	120		(b) Except as provided by Subsection (a), the district is
119	121		not required to obtain approval from the Texas Transportation
120	122		Commission to design, acquire, construct, finance, issue bonds for,
121	123		improve, or convey a road project.
122	124		Sec. 8015.105. 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. 8015.151. 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 8015.153.
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. 8015.152. OPERATION AND MAINTENANCE TAX. (a) If
143	145		authorized at an election held under Section 8015.151, 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. 8015.153. 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. 8015.201. 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. 8015.202. 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. 8015.203. 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		SECTION 2. The Harris County Municipal Utility District No.
176	178		557 initially includes all the territory contained in the following
177	179		area:
178	180		DESCRIPTION OF A 312.64 ACRE TRACT OF LAND
179	181		SITUATED IN THE JOHN MERRY SURVEY, ABSTRACT 49
180	182		HARRIS COUNTY, TEXAS
181	183		BEING a 312.64 acre tract of land situated in the John Merry
182	184		Survey, Abstract 49, Harris County, Texas and being the
183	185		residue of a called 315.369 acre tract of land described in an
184	186		instrument filed for record under Harris County Clerk's File
185	187		Number C623592, said 312.64 acres being more particularly
186	188		described by metes and bounds as follows:
187	189		BEGINNING at a Texas Department of Transportation brass disk
188	190		in concrete found for the northeast corner of a called 2.14
189	191		acre right-of-way acquisition tract for Farm-to-Market Road
190	192		2100 (160-foot width) described in an instrument filed for
191	193		record under Harris County Clerk's File Number E236723, some
192	194		also being in the south right-of-way line of the Houston,
193	195		Beaumont & Orange Interurban Railroad right-of-way (100-foot
194	196		width, Volume 542, Page 15, Harris County Map Records);
195	197		THENCE N 64'36'50" E, a distance of 2151.36 feet along the
196	198		southeast line of said Houston, Beaumont & Orange Interurban
197	199		Railroad right-of-way to a 5/8 inch iron rod with a cap
198	200		stamped "Brown & Gay" set for corner;
199	201		THENCE N 86'59'00" E, along the north line of said called
200	202		315.369 acre tract, at a distance of 91.67 feet pass a
201	203		1/2-inch iron rod found for the most westerly southwest
202	204		corner of a called 2084.715 acre tract of land described in an
203	205		instrument filed for record under Harris County Clerk's File
204	206		Number Y056225, at a distance of 866.88 feet pass a 1/2-inch
205	207		iron rod found for the most westerly southwest corner of a
206	208		called 753.684 acre tract of land described in a deed filed
207	209		for record under Harris County Clerk's File Number P567184
208	210		and continuing for a total distance of 4103.45 feet to a
209	211		5/8-inch iron rod with a cap stamped "Brown & Gay" set for the
210	212		northwest corner of the herein described tract, some being a
211	213		reentrant corner of said called 2084.715 acre tract of land,
212	214		and from which a found 1/2-inch iron rod bears N 86'59'00" E,
213	215		32.10 feet;
214	216		THENCE S 03'20'19" E, a distance of 2300.99 feet along the
215	217		east line of said called 315.369 acre tract to a 5/8-inch iron
216	218		rod with a cap stamped "Brown & Gay" set for the southwest
217	219		corner of the herein described tract, some being a reentrant
218	220		corner of said called 2084.715 acre tract of land,
219	221		THENCE S 86'44'37" W, a distance of 3450.07 feet along the
220	222		south line of said called 315.369 acre tract to a 2-inch iron
221	223		pipe found for an angle point, some being a northwest corner
222	224		of said called 2084.715 acre tract and the northeast corner
223	225		of Forest Manor Section Two, a subdivision plat filed for the
224	226		record under Volume 187, Page 1 of the Harris County Map
225	227		Records;
226	228		THENCE S 86'45'55" W, along the south line of said called
227	229		315.369 acre tract, at a distance of 835.62 feet and S
228	230		40'37'36" W, 2.94 feet pass a 1-inch iron rod found for the
229	231		northwest corner of said Forest Manor Section Two and the
230	232		northeast corner of a called 46.701 acre tract of and
231	233		described in an instrument filed for a record under Harris
232	234		County Clerk's File Number G913462, at a distance of 2599.89
233	235		feet and S 02'28'36" E, 1.08 feet pass a 3/4-inch iron pipe
234	236		found for the northeast corner of a called 3.0 acre tract of
235	237		land described in an instrument filed for record under Harris
236	238		County Clerk's File Number B878922, and the most northerly
237	239		northwest corner of said called 46.701 acre tract and
238	240		continuing for a total distance of 3085.25 feet to a Texas
239	241		Department of Transportation brass disk in concrete found in
240	242		the east right-of-way line of said Farm-to-Market Road 2100
241	243		(width varies), some also being the southeast corner of said
242	244		called 2.14 acre right-of-way taking and from which a found
243	245		Texas Department of Transportation brass disk in concrete
244	246		bears S 86'45'55" W, 63.41 feet;
245	247		THENCE N 12'58'48" E, a distance of 1170.53 feet along the
246	248		east line of said 2.14 acre right-of-way acquisition tract
247	249		and the east right-of-way line of said Farm-to-Market Road
248	250		2100 (width varies) to a Texas Department of Transportation
249	251		brass disk in concrete found for an angle point;
250	252		THENCE N 12'33'48" E, a distance of 397.78 feet along the east
251	253		line of said 2.14 acre right-of-way acquisition tract to the
252	254		POINT OF BEGINNING and containing 312.64 acre of land.
253	255		SECTION 3. (a) The legal notice of the intention to
254	256		introduce this Act, setting forth the general substance of this
255	257		Act, has been published as provided by law, and the notice and a
256	258		copy of this Act have been furnished to all persons, agencies,
257	259		officials, or entities to which they are required to be furnished
258	260		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
259	261		Government Code.
260	262		(b) The governor, one of the required recipients, has
261	263		submitted the notice and Act to the Texas Commission on
262	264		Environmental Quality.
263	265		(c) The Texas Commission on Environmental Quality has filed
264	266		its recommendations relating to this Act with the governor, the
265	267		lieutenant governor, and the speaker of the house of
266	268		representatives within the required time.
267	269		(d) All requirements of the constitution and laws of this
268	270		state and the rules and procedures of the legislature with respect
269	271		to the notice, introduction, and passage of this Act are fulfilled
270	272		and accomplished.
271	273		SECTION 4. (a) If this Act does not receive a two-thirds
272	274		vote of all the members elected to each house, Subchapter C, Chapter
273	275		8015, Special District Local Laws Code, as added by Section 1 of
274	276		this Act, is amended by adding Section 8015.106 to read as follows:
275	277		Sec. 8015.106. NO EMINENT DOMAIN POWER. The district may
276	278		not exercise the power of eminent domain.
277	279		(b) This section is not intended to be an expression of a
278	280		legislative interpretation of the requirements of Section 17(c),
279	281		Article I, Texas Constitution.
280	282		SECTION 5. This Act takes effect immediately if it receives
281	283		a vote of two-thirds of all the members elected to each house, as
282	284		provided by Section 39, Article III, Texas Constitution. If this
283	285		Act does not receive the vote necessary for immediate effect, this
284	286		Act takes effect September 1, 2017.
285		-	______________________________ ______________________________
286		-	President of the Senate Speaker of the House
287		-	I hereby certify that S.B. No. 2290 passed the Senate on
288		-	May 11, 2017, by the following vote: Yeas 30, Nays 1.
289		-	______________________________
290		-	Secretary of the Senate
291		-	I hereby certify that S.B. No. 2290 passed the House on
292		-	May 24, 2017, by the following vote: Yeas 137, Nays 9, two
293		-	present not voting.
294		-	______________________________
295		-	Chief Clerk of the House
296		-	Approved:
297		-	______________________________
298		-	Date
299		-	______________________________
300		-	Governor