Texas 2019 - 86th Regular

Texas House Bill HB1379 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1379
	1	+	By: Oliverson (Senate Sponsor - Bettencourt) H.B. No. 1379
	2	+	(In the Senate - Received from the House April 29, 2019;
	3	+	April 30, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 15, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 15, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the creation of the Harris County Municipal Utility
6	12		District No. 565; granting a limited power of eminent domain;
7	13		providing authority to issue bonds; providing authority to impose
8	14		assessments, fees, and taxes.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	17		Code, is amended by adding Chapter 8036 to read as follows:
12	18		CHAPTER 8036. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 565
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 8036.0101. DEFINITIONS. In this chapter:
15	21		(1) "Board" means the district's board of directors.
16	22		(2) "Commission" means the Texas Commission on
17	23		Environmental Quality.
18	24		(3) "Director" means a board member.
19	25		(4) "District" means the Harris County Municipal
20	26		Utility District No. 565.
21	27		Sec. 8036.0102. NATURE OF DISTRICT. The district is a
22	28		municipal utility district created under Section 59, Article XVI,
23	29		Texas Constitution.
24	30		Sec. 8036.0103. CONFIRMATION AND DIRECTOR ELECTION
25	31		REQUIRED. The temporary directors shall hold an election to
26	32		confirm the creation of the district and to elect five permanent
27	33		directors as provided by Section 49.102, Water Code.
28	34		Sec. 8036.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section
30	36		8036.0103 until each municipality in whose corporate limits or
31	37		extraterritorial jurisdiction the district is located has
32	38		consented by ordinance or resolution to the creation of the
33	39		district and to the inclusion of land in the district.
34	40		Sec. 8036.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	41		(a) The district is created to serve a public purpose and benefit.
36	42		(b) The district is created to accomplish the purposes of:
37	43		(1) a municipal utility district as provided by
38	44		general law and Section 59, Article XVI, Texas Constitution; and
39	45		(2) Section 52, Article III, Texas Constitution, that
40	46		relate to the construction, acquisition, improvement, operation,
41	47		or maintenance of macadamized, graveled, or paved roads, or
42	48		improvements, including storm drainage, in aid of those roads.
43	49		Sec. 8036.0106. INITIAL DISTRICT TERRITORY. (a) The
44	50		district is initially composed of the territory described by
45	51		Section 2 of the Act enacting this chapter.
46	52		(b) The boundaries and field notes contained in Section 2 of
47	53		the Act enacting this chapter form a closure. A mistake made in the
48	54		field notes or in copying the field notes in the legislative process
49	55		does not affect the district's:
50	56		(1) organization, existence, or validity;
51	57		(2) right to issue any type of bond for the purposes
52	58		for which the district is created or to pay the principal of and
53	59		interest on a bond;
54	60		(3) right to impose a tax; or
55	61		(4) legality or operation.
56	62		SUBCHAPTER B. BOARD OF DIRECTORS
57	63		Sec. 8036.0201. GOVERNING BODY; TERMS. (a) The district is
58	64		governed by a board of five elected directors.
59	65		(b) Except as provided by Section 8036.0202, directors
60	66		serve staggered four-year terms.
61	67		Sec. 8036.0202. TEMPORARY DIRECTORS. (a) The temporary
62	68		board consists of:
63	69		(1) Amy Koy;
64	70		(2) Elizabeth Reeves;
65	71		(3) Taylor Lewis Gaver;
66	72		(4) Brandy Botter; and
67	73		(5) Hollye Seabolt.
68	74		(b) Temporary directors serve until the earlier of:
69	75		(1) the date permanent directors are elected under
70	76		Section 8036.0103; or
71	77		(2) the fourth anniversary of the effective date of
72	78		the Act enacting this chapter.
73	79		(c) If permanent directors have not been elected under
74	80		Section 8036.0103 and the terms of the temporary directors have
75	81		expired, successor temporary directors shall be appointed or
76	82		reappointed as provided by Subsection (d) to serve terms that
77	83		expire on the earlier of:
78	84		(1) the date permanent directors are elected under
79	85		Section 8036.0103; or
80	86		(2) the fourth anniversary of the date of the
81	87		appointment or reappointment.
82	88		(d) If Subsection (c) applies, the owner or owners of a
83	89		majority of the assessed value of the real property in the district
84	90		may submit a petition to the commission requesting that the
85	91		commission appoint as successor temporary directors the five
86	92		persons named in the petition. The commission shall appoint as
87	93		successor temporary directors the five persons named in the
88	94		petition.
89	95		SUBCHAPTER C. POWERS AND DUTIES
90	96		Sec. 8036.0301. GENERAL POWERS AND DUTIES. The district
91	97		has the powers and duties necessary to accomplish the purposes for
92	98		which the district is created.
93	99		Sec. 8036.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	100		DUTIES. The district has the powers and duties provided by the
95	101		general law of this state, including Chapters 49 and 54, Water Code,
96	102		applicable to municipal utility districts created under Section 59,
97	103		Article XVI, Texas Constitution.
98	104		Sec. 8036.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99	105		52, Article III, Texas Constitution, the district may design,
100	106		acquire, construct, finance, issue bonds for, improve, operate,
101	107		maintain, and convey to this state, a county, or a municipality for
102	108		operation and maintenance macadamized, graveled, or paved roads, or
103	109		improvements, including storm drainage, in aid of those roads.
104	110		Sec. 8036.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	111		road project must meet all applicable construction standards,
106	112		zoning and subdivision requirements, and regulations of each
107	113		municipality in whose corporate limits or extraterritorial
108	114		jurisdiction the road project is located.
109	115		(b) If a road project is not located in the corporate limits
110	116		or extraterritorial jurisdiction of a municipality, the road
111	117		project must meet all applicable construction standards,
112	118		subdivision requirements, and regulations of each county in which
113	119		the road project is located.
114	120		(c) If the state will maintain and operate the road, the
115	121		Texas Transportation Commission must approve the plans and
116	122		specifications of the road project.
117	123		Sec. 8036.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118	124		ORDINANCE OR RESOLUTION. The district shall comply with all
119	125		applicable requirements of any ordinance or resolution that is
120	126		adopted under Section 54.016 or 54.0165, Water Code, and that
121	127		consents to the creation of the district or to the inclusion of land
122	128		in the district.
123	129		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
124	130		Sec. 8036.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
125	131		The district may issue, without an election, bonds and other
126	132		obligations secured by:
127	133		(1) revenue other than ad valorem taxes; or
128	134		(2) contract payments described by Section 8036.0403.
129	135		(b) The district must hold an election in the manner
130	136		provided by Chapters 49 and 54, Water Code, to obtain voter approval
131	137		before the district may impose an ad valorem tax or issue bonds
132	138		payable from ad valorem taxes.
133	139		(c) The district may not issue bonds payable from ad valorem
134	140		taxes to finance a road project unless the issuance is approved by a
135	141		vote of a two-thirds majority of the district voters voting at an
136	142		election held for that purpose.
137	143		Sec. 8036.0402. OPERATION AND MAINTENANCE TAX. (a) If
138	144		authorized at an election held under Section 8036.0401, the
139	145		district may impose an operation and maintenance tax on taxable
140	146		property in the district in accordance with Section 49.107, Water
141	147		Code.
142	148		(b) The board shall determine the tax rate. The rate may not
143	149		exceed the rate approved at the election.
144	150		Sec. 8036.0403. CONTRACT TAXES. (a) In accordance with
145	151		Section 49.108, Water Code, the district may impose a tax other than
146	152		an operation and maintenance tax and use the revenue derived from
147	153		the tax to make payments under a contract after the provisions of
148	154		the contract have been approved by a majority of the district voters
149	155		voting at an election held for that purpose.
150	156		(b) A contract approved by the district voters may contain a
151	157		provision stating that the contract may be modified or amended by
152	158		the board without further voter approval.
153	159		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	160		Sec. 8036.0501. AUTHORITY TO ISSUE BONDS AND OTHER
155	161		OBLIGATIONS. The district may issue bonds or other obligations
156	162		payable wholly or partly from ad valorem taxes, impact fees,
157	163		revenue, contract payments, grants, or other district money, or any
158	164		combination of those sources, to pay for any authorized district
159	165		purpose.
160	166		Sec. 8036.0502. TAXES FOR BONDS. At the time the district
161	167		issues bonds payable wholly or partly from ad valorem taxes, the
162	168		board shall provide for the annual imposition of a continuing
163	169		direct ad valorem tax, without limit as to rate or amount, while all
164	170		or part of the bonds are outstanding as required and in the manner
165	171		provided by Sections 54.601 and 54.602, Water Code.
166	172		Sec. 8036.0503. BONDS FOR ROAD PROJECTS. At the time of
167	173		issuance, the total principal amount of bonds or other obligations
168	174		issued or incurred to finance road projects and payable from ad
169	175		valorem taxes may not exceed one-fourth of the assessed value of the
170	176		real property in the district.
171	177		SECTION 2. The Harris County Municipal Utility District
172	178		No. 565 initially includes all the territory contained in the
173	179		following area:
174	180		Being a 104.21 acre tract of land located in the Harris County
175	181		School Land Survey, Section 27 and Section 28, A-333, Harris
176	182		County, Texas; said 104.21 acre tract being a portion of a called
177	183		56.491 acre tract of land recorded in Clerk's File Number
178	184		RP-2018-392482 of the Official Public Records of Real Property
179	185		Harris County (O.P.R.R.P.H.C.), Texas and the remainder of a called
180	186		51.1936 acre tract of land recorded in Clerk's File No. M000378 of
181	187		the O.P.R.R.P.H.C.; said 104.21 acre tract being more particularly
182	188		described by metes and bounds in two tracts as follows (all bearings
183	189		are referenced to the Texas Coordinate System, NAD 83, 2001 Adj.,
184	190		South Central Zone):
185	191		Tract 1- 55.37 Acres
186	192		Beginning at a 1-1/4-inch iron rod found at the southeast corner of
187	193		said called 56.491 acre tract and a westerly interior corner of a
188	194		called 75.9019 acre tract of land recorded in Clerk's File Number
189	195		R062458 of the O.P.R.R.P.H.C.
190	196		1. Thence, with the south line of said called 56.491 acre
191	197		tract, a westerly line of said called 75.9019 acre tract, the north
192	198		line of a called 9.737 acre tract of land recorded in Clerk's File
193	199		Number U588970, the north line of a called 9.736 acre tract of land
194	200		recorded in Clerk's File Number U496673, and the north line of a
195	201		called 4.736 acre tract (north half) of land recorded in Clerk's
196	202		File Number 20140111501 all of the O.P.R.R.P.H.C, South 87 degrees
197	203		50 minutes 16 seconds West (called S89°49'29"W), a distance of
198	204		1,619.54 feet to a 5/8-inch iron rod with cap stamped "COSTELLO INC"
199	205		found on the east right-of-way (R.O.W.) line of Becker Road
200	206		(66-feet wide) from which a PK nail found for the southwest corner
201	207		of said called 56.491 acre tract bears S87°50'16"W, 33.00';
202	208		2. Thence, with said east R.O.W. line, North 02 degrees 09
203	209		minutes 37 seconds West, a distance of 1,484.67 feet to a 5/8-inch
204	210		iron rod found on the north line of said called 56.491 acre tract
205	211		and south line of a called 10.039 acre tract of land recorded in
206	212		Clerk's File No. 20120062218 of the O.P.R.R.P.H.C.;
207	213		3. Thence, with the north line of said called 56.491 acre
208	214		tract common with the south line of said called 10.039 acre tract,
209	215		North 87 degrees 38 minutes 44 seconds East (called North 89 degrees
210	216		38 minutes 21 seconds East), a distance of 1,623.50 feet (called
211	217		1623.69 feet) to the northeast corner of said called 56.491 acre
212	218		tract, the southwest corner of said call 10.039 acre tract and being
213	219		on the west line of aforesaid called 75.9019 acre tract;
214	220		4. Thence, with the east line of said called 56.491 acre
215	221		tract common with the west line of said called 75.9019 are tract,
216	222		South 02 degrees 00 minutes 29 seconds East (called South 00 degrees
217	223		00 minutes 52 seconds East), a distance of 1,490.13 feet (called
218	224		1489.98 feet) to the Point of Beginning and containing 55.37 acres
219	225		of land.
220	226		Tract 2- 48.84 Acres
221	227		Beginning at a 1-inch iron pipe found at the northeasterly corner of
222	228		a called two acre tract of land recorded in the name of Lendell
223	229		Martin and Lawanna Martin, co-trustees of the Justin Clint Martin
224	230		1994 Investment Trust in C.F. No. X651859 of the O.P.R.R.P.H.C.,
225	231		and being at the intersection of an interior south line of said
226	232		51.1936 acre tract with the westerly right-of-way line of Becker
227	233		Road (66-feet wide) as established by the map of Harris County
228	234		School Land recorded in Volume 17, Pages 222 and 223 of the Deed
229	235		Records of Harris County;
230	236		1. South 87 degrees 57 minutes 49 seconds West, a distance
231	237		of 484.00 feet to a 5/8-inch iron rod with cap stamped "COSTELLO
232	238		INC" found at an interior corner of said 51.1936 acre tract and the
233	239		northwest corner of said two acre tract;
234	240		2. South 02 degrees 09 minutes 19 seconds East, a distance
235	241		of 180.00 feet to a 5/8-inch iron rod with cap stamped "COSTELLO
236	242		INC" found at an interior corner of said 51.1936 acre tract and the
237	243		southwest corner of said two acre tract, from which a found 5/8-inch
238	244		iron rod bears North 87 degrees 54 minutes 26 seconds East, a
239	245		distance of 1.18 feet;
240	246		3. North 87 degrees 57 minutes 49 seconds East, a distance
241	247		of 484.00 feet to a 5/8-inch iron rod with cap stamped "COSTELLO
242	248		INC" found at the southeast corner of said two acre tract and being
243	249		on the aforesaid westerly right-of-way line of Becker Road, from
244	250		which a found 1-inch iron pipe bears North 49 degrees 58 minutes 30
245	251		seconds East, a distance of 1.81 feet;
246	252		4. Thence, with said westerly right-of-way line of Becker
247	253		Road, South 02 degrees 09 minutes 19 seconds East, a distance of
248	254		1,141.31 feet to a 5/8-inch iron rod found on the southerly line of
249	255		said 51.1936 acre tract and the northerly line of a called 20.00
250	256		acre tract of land recorded in the name of Tye E. Smith and wife,
251	257		Patricia B. Smith in C.F. No. S272354 of the O.P.R.R.P.H.C.;
252	258		5. Thence, with said southerly line of the 51.1936 acre
253	259		tract and said northerly line of the 20.00 acre tract, South 88
254	260		degrees 01 minutes 34 seconds West, a distance of 1,190.54 feet to a
255	261		5/8-inch iron rod found at the southwest corner of said 51.1936 acre
256	262		tract and an interior corner of said 20.00 acre tract;
257	263		6. Thence, with the westerly line of said 51.1936 acre
258	264		tract, an easterly line of said 20.00 acre tract, and the easterly
259	265		line of a called 58.4349 acre tract of land recorded in the name of
260	266		John Bryan Lowe, Jr. in C.F. No. M000380 of the O.P.R.R.P.H.C.,
261	267		North 02 degrees 10 minutes 06 seconds West, a distance of 1,859.46
262	268		feet to a 5/8-inch iron rod found on the southerly right-of-way line
263	269		of Botkins Road (66-feet wide) as established by aforesaid map of
264	270		Harris County School Land;
265	271		7. Thence, with said southerly right-of-way line of Botkins
266	272		Road, North 88 degrees 00 minutes 04 seconds East, a distance of
267	273		1,190.96 feet to a 3/4-inch iron rod found at the intersection with
268	274		aforesaid westerly right-of-way line of Becker Road;
269	275		8. Thence, with said westerly right-of-way line of Becker
270	276		Road, South 02 degrees 09 minutes 19 seconds East, a distance of
271	277		538.67 feet to the Point of Beginning and containing 48.84 acres of
272	278		land.
273	279		Parcel 1- 55.37 Acres
274	280		Parcel 2- 48.84 Acres
275	281		Total - 104.21 Acres
276	282		SECTION 3. (a) The legal notice of the intention to
277	283		introduce this Act, setting forth the general substance of this
278	284		Act, has been published as provided by law, and the notice and a
279	285		copy of this Act have been furnished to all persons, agencies,
280	286		officials, or entities to which they are required to be furnished
281	287		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
282	288		Government Code.
283	289		(b) The governor, one of the required recipients, has
284	290		submitted the notice and Act to the Texas Commission on
285	291		Environmental Quality.
286	292		(c) The Texas Commission on Environmental Quality has filed
287	293		its recommendations relating to this Act with the governor, the
288	294		lieutenant governor, and the speaker of the house of
289	295		representatives within the required time.
290	296		(d) All requirements of the constitution and laws of this
291	297		state and the rules and procedures of the legislature with respect
292	298		to the notice, introduction, and passage of this Act are fulfilled
293	299		and accomplished.
294	300		SECTION 4. (a) If this Act does not receive a two-thirds
295	301		vote of all the members elected to each house, Subchapter C, Chapter
296	302		8036, Special District Local Laws Code, as added by Section 1 of
297	303		this Act, is amended by adding Section 8036.0306 to read as follows:
298	304		Sec. 8036.0306. NO EMINENT DOMAIN POWER. The district may
299	305		not exercise the power of eminent domain.
300	306		(b) This section is not intended to be an expression of a
301	307		legislative interpretation of the requirements of Section 17(c),
302	308		Article I, Texas Constitution.
303	309		SECTION 5. This Act takes effect immediately if it receives
304	310		a vote of two-thirds of all the members elected to each house, as
305	311		provided by Section 39, Article III, Texas Constitution. If this
306	312		Act does not receive the vote necessary for immediate effect, this
307	313		Act takes effect September 1, 2019.
308		-	______________________________ ______________________________
309		-	President of the Senate Speaker of the House
310		-	I certify that H.B. No. 1379 was passed by the House on April
311		-	26, 2019, by the following vote: Yeas 124, Nays 15, 2 present, not
312		-	voting.
313		-	______________________________
314		-	Chief Clerk of the House
315		-	I certify that H.B. No. 1379 was passed by the Senate on May
316		-	21, 2019, by the following vote: Yeas 30, Nays 1.
317		-	______________________________
318		-	Secretary of the Senate
319		-	APPROVED: _____________________
320		-	Date
321		-	_____________________
322		-	Governor
	314	+	* * * * *