Texas 2019 - 86th Regular

Texas House Bill HB4652 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R9811 TSR-F
2	2	By: Paul H.B. No. 4652
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Harris County Municipal Utility
8	8	District No. 568; granting a limited power of eminent domain;
9	9	providing authority to issue bonds; providing authority to impose
10	10	assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 8349 to read as follows:
14	14	CHAPTER 8349. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 568
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8349.0101. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Harris County Municipal
22	22	Utility District No. 568.
23	23	Sec. 8349.0102. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 8349.0103. CONFIRMATION AND DIRECTOR ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 8349.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	8349.0103 until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 8349.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 8349.0106. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 8349.0201. GOVERNING BODY; TERMS. (a) The district is
60	60	governed by a board of five elected directors.
61	61	(b) Except as provided by Section 8349.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 8349.0202. TEMPORARY DIRECTORS. (a) The temporary
64	64	board consists of:
65	65	(1) James M. Pratt;
66	66	(2) Eric P. Mayfield;
67	67	(3) Spencer Harkness;
68	68	(4) Courtney Blackburn; and
69	69	(5) Bryson Grover.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8349.0103; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act enacting this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 8349.0103 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 8349.0103; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 8349.0301. GENERAL POWERS AND DUTIES. The district
93	93	has the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 8349.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 8349.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
101	101	52, Article III, Texas Constitution, the district may design,
102	102	acquire, construct, finance, issue bonds for, improve, operate,
103	103	maintain, and convey to this state, a county, or a municipality for
104	104	operation and maintenance macadamized, graveled, or paved roads, or
105	105	improvements, including storm drainage, in aid of those roads.
106	106	Sec. 8349.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	107	road project must meet all applicable construction standards,
108	108	zoning and subdivision requirements, and regulations of each
109	109	municipality in whose corporate limits or extraterritorial
110	110	jurisdiction the road project is located.
111	111	(b) If a road project is not located in the corporate limits
112	112	or extraterritorial jurisdiction of a municipality, the road
113	113	project must meet all applicable construction standards,
114	114	subdivision requirements, and regulations of each county in which
115	115	the road project is located.
116	116	(c) If the state will maintain and operate the road, the
117	117	Texas Transportation Commission must approve the plans and
118	118	specifications of the road project.
119	119	Sec. 8349.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120	120	ORDINANCE OR RESOLUTION. The district shall comply with all
121	121	applicable requirements of any ordinance or resolution that is
122	122	adopted under Section 54.016 or 54.0165, Water Code, and that
123	123	consents to the creation of the district or to the inclusion of land
124	124	in the district.
125	125	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	126	Sec. 8349.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
127	127	The district may issue, without an election, bonds and other
128	128	obligations secured by:
129	129	(1) revenue other than ad valorem taxes; or
130	130	(2) contract payments described by Section 8349.0403.
131	131	(b) The district must hold an election in the manner
132	132	provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	133	before the district may impose an ad valorem tax or issue bonds
134	134	payable from ad valorem taxes.
135	135	(c) The district may not issue bonds payable from ad valorem
136	136	taxes to finance a road project unless the issuance is approved by a
137	137	vote of a two-thirds majority of the district voters voting at an
138	138	election held for that purpose.
139	139	Sec. 8349.0402. OPERATION AND MAINTENANCE TAX. (a) If
140	140	authorized at an election held under Section 8349.0401, the
141	141	district may impose an operation and maintenance tax on taxable
142	142	property in the district in accordance with Section 49.107, Water
143	143	Code.
144	144	(b) The board shall determine the tax rate. The rate may not
145	145	exceed the rate approved at the election.
146	146	Sec. 8349.0403. CONTRACT TAXES. (a) In accordance with
147	147	Section 49.108, Water Code, the district may impose a tax other than
148	148	an operation and maintenance tax and use the revenue derived from
149	149	the tax to make payments under a contract after the provisions of
150	150	the contract have been approved by a majority of the district voters
151	151	voting at an election held for that purpose.
152	152	(b) A contract approved by the district voters may contain a
153	153	provision stating that the contract may be modified or amended by
154	154	the board without further voter approval.
155	155	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
156	156	Sec. 8349.0501. AUTHORITY TO ISSUE BONDS AND OTHER
157	157	OBLIGATIONS. The district may issue bonds or other obligations
158	158	payable wholly or partly from ad valorem taxes, impact fees,
159	159	revenue, contract payments, grants, or other district money, or any
160	160	combination of those sources, to pay for any authorized district
161	161	purpose.
162	162	Sec. 8349.0502. TAXES FOR BONDS. At the time the district
163	163	issues bonds payable wholly or partly from ad valorem taxes, the
164	164	board shall provide for the annual imposition of a continuing
165	165	direct ad valorem tax, without limit as to rate or amount, while all
166	166	or part of the bonds are outstanding as required and in the manner
167	167	provided by Sections 54.601 and 54.602, Water Code.
168	168	Sec. 8349.0503. BONDS FOR ROAD PROJECTS. At the time of
169	169	issuance, the total principal amount of bonds or other obligations
170	170	issued or incurred to finance road projects and payable from ad
171	171	valorem taxes may not exceed one-fourth of the assessed value of the
172	172	real property in the district.
173	173	SECTION 2. The Harris County Municipal Utility District No.
174	174	568 initially includes all the territory contained in the following
175	175	area:
176	176	Being 134.40 acres of land located in the Thomas Choate
177	177	League, Abstract No. 12, Harris County, Texas; being a portion of
178	178	that certain called 381.61 acre tract of land described in an
179	179	instrument of record under in Volume 834, Page 533, of the Deed
180	180	Records of said Harris County, Texas (H.C.D.R.) (hereinafter
181	181	referred to as the 381.61 acre Beamer Tract), of which one quarter
182	182	(1/4) interests in said 381.61 acre Beamer Tract were conveyed
183	183	equally to Kathryn Beamer Breiling, individually and as Trustee and
184	184	Scott Beamer, individually and as Trustee by an instrument of
185	185	record under File Number K242495, of the Official Public Records of
186	186	Real Property of Harris County, Texas (H.C.O.P.R.R.P.) and a
187	187	portion of a separate called 381.61 acre tract of land was conveyed
188	188	to George A. Scott by an instrument of record under in Volume 834,
189	189	Page 534, H.C.D.R. (hereinafter referred to as the 381.61 acre
190	190	Scott Tract), said 130.40 acres being more particularly described
191	191	by metes and bounds as follows, all bearings referenced to the Texas
192	192	Coordinate System, South Central Zone, NAD 83 (1993 adjustment):
193	193	BEGINNING at a 5/8-inch iron rod with cap stamped "Baseline
194	194	Corp" found for the southeast corner of a 3.1271 acre tract of land
195	195	(described as Parcel No. 2, Part 2B) conveyed to County of Houston
196	196	for the widening of Beamer Road of record under File Number
197	197	2014032626, H.C.O.P.R.R.P., also being the northwest corner of
198	198	Restricted Reserve "A" of Clear Creek I.S.D. Intermediate School
199	199	No. 9, a subdivision of record under Film Code Number 579002, of the
200	200	Map Records of Harris County, Texas (H.C.M.R.), said point being on
201	201	the easterly right-of-way line of Beamer Road (width varies) Volume
202	202	69, Page 231 and Volume 663, Page 272, Deed Records of Harris County
203	203	Texas (H.C.D.R.), Volume 315, Page 30, H.C.M.R. and Film Code
204	204	Number 579002, H.C.M.R. and File Number 2014032626,
205	205	H.C.O.P.R.R.P.;
206	206	Thence, along the easterly line of said Beamer Road described
207	207	in File Number 2014032626, H.C.O.P.R.R.P. the following six (6)
208	208	courses:
209	209	1. North 48° 26' 02" West, 42.19 feet to a 5/8-inch iron rod
210	210	with cap stamped "Baseline Corp" found for corner, the beginning of
211	211	a curve;
212	212	2. 141.83 feet, along the arc of a tangent curve to the
213	213	right, having a radius of 1,849.86 feet, a central angle of 04° 23'
214	214	34", and a chord which bears North 46° 14' 14" West 141.79 feet to a
215	215	5/8-inch iron rod with cap stamped "Baseline Corp" found for
216	216	corner;
217	217	3. North 44° 02' 27" West, 304.11 feet to a 5/8-inch iron rod
218	218	with cap stamped "Baseline Corp" found for corner, the beginning of
219	219	a curve;
220	220	4. 147.99 feet, along the arc of a tangent curve to the left,
221	221	having a radius of 1,969.86 feet, a central angle of 04° 18' 16", and
222	222	a chord which bears North 46° 11' 35" West 147.95 feet to a 5/8-inch
223	223	iron rod with cap stamped "Baseline Corp" found for corner;
224	224	5. North 48° 20' 43" West, 1,827.98 feet to a 5/8-inch iron
225	225	rod with cap stamped "Baseline Corp" found for corner;
226	226	6. South 41° 39' 45" West, 61.62 feet to a point for the
227	227	northwest corner of the aforementioned 3.1271 acre tract, said
228	228	point being on the easterly right-of-way line of Beamer Road
229	229	described in Volume 663, Page 272, H.C.D.R. (called 60 feet wide at
230	230	this point);
231	231	Thence, North 48° 24' 53" West, continuing along the easterly
232	232	line of said Beamer Road, 1,216.93 feet to a point for corner;
233	233	Thence, North 18° 55' 59" East, departing said easterly
234	234	right-of-way line, at 2.30 feet pass a 5/8-inch iron rod with
235	235	aluminum disk stamped HL&P CO PT 103C found for the southwest corner
236	236	of a 2.298 acre Houston Lighting & Power Company right-of-way
237	237	easement (120 feet wide at this point) granted under File Number
238	238	L544227, H.C.O.P.R.R.P., continuing in all a total distance of
239	239	54.36 feet to an angle point on the southeasterly line of said
240	240	right-of-way easement (80 feet wide at this point);
241	241	Thence, North 44° 16' 59" East, continuing along the
242	242	southeasterly line of said right-of-way easement, 520.81 feet to a
243	243	point for corner, from which a found 5/8-inch iron rod with aluminum
244	244	disk stamped HL&P CO PT 101A at an angle point on the southeasterly
245	245	line of said right-of-way easement bears North 44° 16' 59" East,
246	246	360.31 feet;
247	247	Thence, South 46° 14' 34" East, departing said southeasterly
248	248	line and generally along the westerly line of a dirt road, 325.93
249	249	feet to a point for corner ;
250	250	Thence, North 41° 35' 30" East, generally along the remains of
251	251	a 4 foot barbed wire fence, 1,134.09 feet to a point for corner on
252	252	the easterly line of the aforementioned 381.61 acre Scott Tract,
253	253	same being the westerly line of the residue of that certain called
254	254	76.52 acre tract described conveyed to Thomas Franklin Riggs,
255	255	Catherine Riggs, Brian Riggs and Grace India Riggs by an instrument
256	256	of record under File Number F028674, H.C.O.P.R.R.P., to Bumble Bee
257	257	Partners, Ltd by an instrument of record under File Number T669265,
258	258	H.C.O.P.R.R.P., and to Tessa Ellen Blake by an instrument of record
259	259	under File Number W794835, H.C.O.P.R.R.P.;
260	260	Thence, South 49° 45' 00" East, along the easterly line of
261	261	said 381.61 acre Scott Tract and the westerly line of said 76.52
262	262	acre tract and its extension along Glenwest Drive (60 feet wide at
263	263	this point) as shown on Film Code Number 660047, H.C.M.R., 3,351.29
264	264	feet to a 3/4-inch iron pipe for the northeast corner of that
265	265	certain called 99.19 acre tract conveyed to Lakefield Realty, Inc.
266	266	by an instrument of record under File Number U476294,
267	267	H.C.O.P.R.R.P., said point being an angle point on the westerly
268	268	right-of-way line of Glenwest Drive;
269	269	Thence, South 41° 34' 48" West, along the northwesterly line
270	270	of said 99.19 acre tract, at 466.79 feet pass a 1-1/4-inch iron pipe
271	271	found for the most western northeast corner of Restricted Reserve
272	272	"A" of the aforementioned Clear Creek I.S.D. Intermediate School
273	273	No. 9 subdivision, continuing along the northwest line of said
274	274	Reserve "A", in all a total distance of 1,745.13 feet to the POINT
275	275	OF BEGINNING and containing 134.40 acre of land.
276	276	SECTION 3. (a) The legal notice of the intention to
277	277	introduce this Act, setting forth the general substance of this
278	278	Act, has been published as provided by law, and the notice and a
279	279	copy of this Act have been furnished to all persons, agencies,
280	280	officials, or entities to which they are required to be furnished
281	281	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
282	282	Government Code.
283	283	(b) The governor, one of the required recipients, has
284	284	submitted the notice and Act to the Texas Commission on
285	285	Environmental Quality.
286	286	(c) The Texas Commission on Environmental Quality has filed
287	287	its recommendations relating to this Act with the governor, the
288	288	lieutenant governor, and the speaker of the house of
289	289	representatives within the required time.
290	290	(d) All requirements of the constitution and laws of this
291	291	state and the rules and procedures of the legislature with respect
292	292	to the notice, introduction, and passage of this Act are fulfilled
293	293	and accomplished.
294	294	SECTION 4. (a) If this Act does not receive a two-thirds
295	295	vote of all the members elected to each house, Subchapter C, Chapter
296	296	8349, Special District Local Laws Code, as added by Section 1 of
297	297	this Act, is amended by adding Section 8349.0306 to read as follows:
298	298	Sec. 8349.0306. NO EMINENT DOMAIN POWER. The district may
299	299	not exercise the power of eminent domain.
300	300	(b) This section is not intended to be an expression of a
301	301	legislative interpretation of the requirements of Section 17(c),
302	302	Article I, Texas Constitution.
303	303	SECTION 5. This Act takes effect immediately if it receives
304	304	a vote of two-thirds of all the members elected to each house, as
305	305	provided by Section 39, Article III, Texas Constitution. If this
306	306	Act does not receive the vote necessary for immediate effect, this
307	307	Act takes effect September 1, 2019.