Texas 2019 - 86th Regular

Texas House Bill HB4692 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4692
	1	+	By: Oliverson (Senate Sponsor - Bettencourt) H.B. No. 4692
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 6, 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. 572; 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 8026 to read as follows:
12	18		CHAPTER 8026. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 572
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 8026.0101. 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. 572.
21	27		Sec. 8026.0102. 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. 8026.0103. 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. 8026.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section
30	36		8026.0103 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. 8026.0105. 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. 8026.0106. 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. 8026.0201. 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 8026.0202, directors
60	66		serve staggered four-year terms.
61	67		Sec. 8026.0202. TEMPORARY DIRECTORS. (a) The temporary
62	68		board consists of:
63	69		(1) Steve Habachy;
64	70		(2) John Linker;
65	71		(3) Mark Ramos;
66	72		(4) Jonathan Sanders; and
67	73		(5) Chris Barnes.
68	74		(b) Temporary directors serve until the earlier of:
69	75		(1) the date permanent directors are elected under
70	76		Section 8026.0103; 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 8026.0103 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 8026.0103; 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. 8026.0301. 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. 8026.0302. 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. 8026.0303. 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. 8026.0304. 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. 8026.0305. 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. 8026.0401. 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 8026.0403.
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. 8026.0402. OPERATION AND MAINTENANCE TAX. (a) If
138	144		authorized at an election held under Section 8026.0401, 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. 8026.0403. 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. 8026.0501. 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. 8026.0502. 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. 8026.0503. 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. 572 initially includes all the territory contained in the
173	179		following area:
174	180		Being 54.749 acres of land, in the William Hurd Survey, A-376
175	181		and the F. Benignus Survey, A-1463, Harris County, Texas, being a
176	182		portion of PARKSIDE GRAND PARKWAY RESERVE, according to the plat
177	183		thereof recorded under Film Code Number 683283 in the Map Records of
178	184		Harris County, Texas, and being more particularly described by
179	185		metes and bounds as follows: (All bearings based on the Texas
180	186		Coordinate System of 1983, South Central Zone)
181	187		COMMENCING at a 5/8 inch iron rod with cap stamped "Rods
182	188		Surveying Inc." found for the northwest corner of said PARKSIDE
183	189		GRAND PARKWAY RESERVE and being the northwest corner of a 0.2941
184	190		acre tract dedicated to the public for right-of-way purposes as
185	191		shown on said plat of PARKSIDE GRAND PARKWAY RESERVE;
186	192		THENCE North 87° 26' 12" East - 20.00 feet, with the north line
187	193		of said PARKSIDE GRAND PARKWAY RESERVE and said 0.2941 acre tract,
188	194		to a 5/8-inch iron rod with "IDS" cap set for the northwest corner
189	195		and POINT OF BEGINNING of the herein described tract and being the
190	196		northeast corner of said 0.2941 acre tract;
191	197		THENCE North 87° 26' 12" East - 1645.07 feet, with the north
192	198		line of the herein described tract and the south line of the 15.668
193	199		acre tract described in the deed from Roy H. Barrett to Premier
194	200		Baseball Real Estate recorded in File Number 20120587605 in the
195	201		Official Public Records of Real Property of Harris County, Texas,
196	202		to a 5/8-inch iron rod with cap stamped "IDS" found for the
197	203		northeast corner of the herein described tract, in the west line of
198	204		the 3.11 acre tract described in the deeds from Judith Mullen as
199	205		Executrix for the Estate Of John W. Mullen to Lillian Jaeger Hall
200	206		(1/2 Interest) recorded in File Number V164309 in the Official
201	207		Public Records of Real Property of Harris County, Texas and the deed
202	208		from Paul Fehrle to Lawrence Lind and Michael Fitzmaurice (1/2
203	209		Interest) recorded in File Number G130286 in the Official Public
204	210		Records of Real Property of Harris County, Texas;
205	211		THENCE South 02° 31' 19" East - 1581.42 feet, with the west
206	212		line of said 3.11 acre tract, to a 5/8-inch iron rod with cap
207	213		stamped "IDS" found for the southeast corner of the herein
208	214		described tract and being the northeast corner of the residue of a
209	215		called 111.8154 acre tract described in the deed from HSIEN DAO
210	216		CHANG, TRUSTEE to ROSEHILL PROPERTIES, LLC recorded in File Number
211	217		RP-2017-430616 in the Official Public Records of Real Property of
212	218		Harris County, Texas;
213	219		THENCE South 88° 19' 57" West - 627.31 feet, with the line
214	220		common to the herein described tract and said residue tract, to a
215	221		5/8-inch iron rod with cap stamped "IDS" found for an angle point on
216	222		the north right-of-way line of State Highway 99 Grand Parkway
217	223		(R.O.W. Varies);
218	224		THENCE with northerly lines of said State Highway 99 the
219	225		following courses and distances:
220	226		North 13° 27' 48" East - 56.51 feet to a TXDOT monument
221	227		found for the beginning of a non-tangent curve to the right; in a
222	228		westerly direction, with said curve to the right, having a central
223	229		angle of 00° 58' 17", a chord bearing and distance of North 76° 06'
224	230		03" West - 188.67 feet, a radius of 11127.71 feet, and an arc
225	231		distance of 188.67 feet to a TXDOT monument found for the end of
226	232		curve;
227	233		North 75° 36' 54" West - 958.09 feet, to a 5/8-inch iron
228	234		rod with cap stamped "IDS" set for the southwest corner of the
229	235		herein described tract, at the northeast intersection of said State
230	236		Highway 99 Grand Parkway and Cypress-Rosehill Road (width varies);
231	237		THENCE with the east right-of-way line of said
232	238		Cypress-Rosehill Road the following courses and distances:
233	239		North 02° 28' 33" East - 108.79 feet, to a 5/8-inch iron
234	240		rod with cap stamped "MILLER" found for an angle corner;
235	241		North 11° 10' 09" East - 71.87 feet, to a TXDOT monument
236	242		found for the beginning of a curve to the left; in a northerly
237	243		direction, with said curve to the left, having a central angle of
238	244		17° 10' 54", a chord bearing and distance of North 06° 07' 34" East -
239	245		253.91 feet, a radius of 849.89 feet, and an arc distance of 254.86
240	246		feet to a PK nail with washer stamped "IDS" set for the end of curve;
241	247		North 02° 27' 53" West - 138.89 feet, to a 5/8-inch iron
242	248		rod with cap stamped "IDS" found for the southeast corner of said
243	249		0.2941 acre tract, from which a found TXDOT monument, bears South
244	250		87° 32' 07" West - 21.57 feet;
245	251		North 02° 34' 19" West - 616.47 feet, to the POINT OF
246	252		BEGINNING of the herein described tract and containing 54.749 acres
247	253		of land.
248	254		SECTION 3. (a) The legal notice of the intention to
249	255		introduce this Act, setting forth the general substance of this
250	256		Act, has been published as provided by law, and the notice and a
251	257		copy of this Act have been furnished to all persons, agencies,
252	258		officials, or entities to which they are required to be furnished
253	259		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
254	260		Government Code.
255	261		(b) The governor, one of the required recipients, has
256	262		submitted the notice and Act to the Texas Commission on
257	263		Environmental Quality.
258	264		(c) The Texas Commission on Environmental Quality has filed
259	265		its recommendations relating to this Act with the governor, the
260	266		lieutenant governor, and the speaker of the house of
261	267		representatives within the required time.
262	268		(d) All requirements of the constitution and laws of this
263	269		state and the rules and procedures of the legislature with respect
264	270		to the notice, introduction, and passage of this Act are fulfilled
265	271		and accomplished.
266	272		SECTION 4. (a) If this Act does not receive a two-thirds
267	273		vote of all the members elected to each house, Subchapter C, Chapter
268	274		8026, Special District Local Laws Code, as added by Section 1 of
269	275		this Act, is amended by adding Section 8026.0306 to read as follows:
270	276		Sec. 8026.0306. NO EMINENT DOMAIN POWER. The district may
271	277		not exercise the power of eminent domain.
272	278		(b) This section is not intended to be an expression of a
273	279		legislative interpretation of the requirements of Section 17(c),
274	280		Article I, Texas Constitution.
275	281		SECTION 5. This Act takes effect immediately if it receives
276	282		a vote of two-thirds of all the members elected to each house, as
277	283		provided by Section 39, Article III, Texas Constitution. If this
278	284		Act does not receive the vote necessary for immediate effect, this
279	285		Act takes effect September 1, 2019.
280		-	______________________________ ______________________________
281		-	President of the Senate Speaker of the House
282		-	I certify that H.B. No. 4692 was passed by the House on May 3,
283		-	2019, by the following vote: Yeas 123, Nays 17, 2 present, not
284		-	voting.
285		-	______________________________
286		-	Chief Clerk of the House
287		-	I certify that H.B. No. 4692 was passed by the Senate on May
288		-	21, 2019, by the following vote: Yeas 30, Nays 1.
289		-	______________________________
290		-	Secretary of the Senate
291		-	APPROVED: _____________________
292		-	Date
293		-	_____________________
294		-	Governor
	286	+	* * * * *