H.B. No. 4734
relating to the creation of the Green Tree Park Municipal Utility
District; granting a limited power of eminent domain; providing
authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7889 to read as follows:
CHAPTER 7889. GREEN TREE PARK MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7889.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Green Tree Park Municipal
Utility District.
Sec. 7889.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7889.0103. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 7889.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7889.0103 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 7889.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7889.0106. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7889.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7889.0202, directors
serve staggered four-year terms.
Sec. 7889.0202. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the commission requesting that
the commission appoint as temporary directors the five persons
named in the petition. The commission shall appoint as temporary
directors the five persons named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7889.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 7889.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 7889.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7889.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7889.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 7889.0303. AUTHORITY FOR ROAD PROJECTS. (a) Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve, and
convey to this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads described by
Section 54.234, Water Code, or improvements, including storm
drainage, in aid of those roads.
(b) The district may exercise the powers provided by this
section without submitting a petition to or obtaining approval from
the commission as required by Section 54.234, Water Code.
Sec. 7889.0304. APPROVAL OF ROAD PROJECT. (a) The district
may not undertake a road project authorized by Section 7889.0303
unless:
(1) each municipality or county that will operate and
maintain the road has approved the plans and specifications of the
road project, if a municipality or county will operate and maintain
the road; or
(2) the Texas Transportation Commission has approved
the plans and specifications of the road project, if the state will
operate and maintain the road.
(b) Except as provided by Subsection (a), the district is
not required to obtain approval from the Texas Transportation
Commission to design, acquire, construct, finance, issue bonds for,
improve, or convey a road project.
Sec. 7889.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
Sec. 7889.0306. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district to acquire a site or easement for:
(1) a road project authorized by Section 7889.0303; or
(2) a recreational facility as defined by Section
49.462, Water Code.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7889.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 7889.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 7889.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7889.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 7889.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7889.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 7889.0502. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 7889.0503. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Green Tree Park Municipal Utility District
initially includes all the territory contained in the following
area:
TRACT 1: That certain tract of land situated in Harris
County, Texas, out of the SOLOMON BROWN LEAGUE, A-5, and A-7, Harris
County, as described in deed from F.E. Ingram et ux, to C.T.
Hackney, dated October 6, 1860, and from Oscar Hillegeist to Wm.
Hillegeist, recorded in the Deed of Harris County, Texas, in Volume
460, Page 461, and said tract being more particularly described as
follows, to wit:
From the Southwest corner of said Solomon Brown League, A-7,
Harris County, Texas, GO East a distance of 2850 feet and North,
crossing Waller-Tomball Road, a distance of 3403 feet to a 1 1/2
inch iron pipe found for the southwest corner of the tract herein
described and the POINT OF BEGINNING;
THENCE, on a bearing of NORTH 00 DEGREES 49 MINUTES 55 SECONDS
EAST, a distance of 7199.94 feet (called North 2450 varas or 6805.56
feet) to an old axle found for the Northwest corner of the tract
herein described, and from which a 1-1/2 G.I.P. was found bearing
East a distance of 3.06 feet;
THENCE, on a bearing of SOUTH 89 DEGREES 49 MINUTES 30 SECONDS
EAST, a distance of 630.40 feet (called East 220 varas or 611.11
feet) to a 1-1/2-inch iron rod found for the Northeast corner of the
tract herein described;
THENCE, on a bearing of SOUTH 00 DEGREES 22 MINUTES 00 SECONDS
WEST, a distance of 7200.44 feet (called South 2450 varas or 6805.56
feet) to a 3/4-inch iron rod found for the Southeast corner of the
tract herein described and from which a 1/4-inch copper rod was
found bearing North a distance of 2.5 feet;
THENCE, on a bearing of SOUTH 89 DEGREES 44 MINUTES 50 SECONDS
WEST, a distance of 688.85 feet (called West 220 varas or 611.11
feet) to the POINT OF BEGINNING;
SAVE AND EXCEPT all of the property located in Montgomery
County, Texas but including all of the property located in Harris
County, Texas; and
BEING a 60 foot wide road easement in the Solomon Brown
Survey, Abstract 7, Harris County, Texas. being out of 34.5406
acres recorded in Volume 8298, Page 420, Deed Records, Harris
County, Texas, said 60 foot wide road easement being more
particularly described as follows:
COMMENCING at a 5/8-inch iron rod marking the Intersection of
the North right-of-way line of FM Road Number 2920 (80 feet wide)
and the West right-of-way line of Three Pines Drive (60 feet wide),
said beginning point also being the Southwest corner of that
certain road described in deed recorded In Volume 6890, Page 620,
Deed Records, Harris County, Texas;
THENCE NORTH 00 DEGREES 35 MINUTES 00 SECONDS WEST, 2038.43
feet, with the West line of Three Pines Drive, to a point in the
center line of a 20 foot wide Southern Union Production Company pipe
line easement, recorded in Volume 1109, Page 302, Deed Records,
Harris County, Texas;
THENCE NORTH 80 DEGREES 07 MINUTES 42 SECONDS EAST, 238.00
feet with said pipe line easement centerline to a point for the most
Northerly Southeast corner of said 34.5406 acres;
THENCE NORTH 00 DEGREES 39 MINUTES 20 SECONDS WEST, 792.63
feet, with the East line of said 34.5406 acres to an angle point in
same;
THENCE due, NORTH, 582.84 feet, continuing in the East line
of said 34.5406 acres to a point for corner and PLACE OF BEGINNING;
THENCE due, WEST, 228.09 feet in the South line of said road
easement to a point for corner in the East right-of-way line of
Three Pines Drive;
THENCE NORTH 00 DEGREES 35 MINUTES 00 SECONDS WEST, 60.00
feet, with said Three Pines Drive right-of-way to a point for corner
THENCE due, EAST, 228.71 feet with the North line of said road
easement to a point for corner;
THENCE due, SOUTH, 60.00 feet with the East line of said
50.7971 acres to the PLACE OF BEGINNING.
TRACT 2: That certain tract of land situated in Harris
County, Texas, out of the SOLOMON BROWN LEAGUE, A-5, and A-7, Harris
County, as described in deed from F.E. Ingram et ux, to C.T.
Hackney, dated October 6, 1860, and from Oscar Hillegeist to Wm.
Hillegeist, recorded in the Deed of Harris County, Texas, in Volume
460, Page 461, and said tract being more particularly described as
follows, to wit:
From the Southwest corner of said Solomon Brown League, A-7,
Harris County, Texas, GO East a distance of 2850 feet and North,
crossing Waller-Tomball Road, a distance of 3403 feet to a
1-1/2-inch iron pipe found for the Southwest corner of the tract
herein described and the POINT OF BEGINNING;
THENCE, on a bearing of NORTH 00 DEGREES 49 MINUTES 55 SECONDS
EAST, a distance of 7199.94 feet (called North 2450 varas or 6805.56
feet) to an old axle found for the Northwest corner of the tract
herein described, and from which a 1-1/2 G.I.P. was found bearing
East a distance of 3.06 feet;
THENCE, on a bearing of SOUTH 89 DEGREES 49 MINUTES 30 SECONDS
EAST, a distance of 630.40 feet (called East 220 varas or 611.11
feet) to a 1-1/2-inch iron rod found for the Northeast corner of the
tract herein described;
THENCE, on a bearing of SOUTH 00 DEGREES 22 MINUTES 00 SECONDS
WEST, a distance of 7200.44 feet (called South 2450 varas or 6805.56
feet) to a 3/4 inch iron rod found for the Southeast corner of the
tract herein described and from which a 1/4-inch copper rod was
found bearing North a distance of 2.5 feet;
THENCE, on a bearing of SOUTH 89 DEGREES 44 MINUTES 50 SECONDS
WEST, a distance of 688.85 feet (called West 220 varas or 611.11
feet) to the POINT OF BEGINNING;
SAVE AND EXCEPT all of the property located in Montgomery
County, Texas but including all of the property located in Harris
County, Texas; and
BEING a 60 foot wide road easement in the Solomon Brown
Survey, Abstract 7, Harris County, Texas, being out of 34.5406
acres recorded in Volume 8298, Page 420, Deed Records, Harris
County, Texas said 60 foot wide road easement being more
particularly described as follows:
COMMENCING at a 5/8-inch iron rod marking the Intersection of
the North right-of-way line of FM Road Number 2920 (80 feet wide)
and the West right-of-way line of Three Pines Drive (60 feet wide),
said beginning point also being the Southwest corner of that
certain road described in deed recorded in Volume 6890, Page 620,
Deed Records, Harris County, Texas;
THENCE NORTH 00 DEGREES 35 MINUTES 00 SECONDS WEST, 2038.43
feet, with the West line of Three Pines Drive, to a point in the
center line of a 20 foot wide Southern Union Production Company pipe
line easement, recorded in Volume 1109, Page 302, Deed Records,
Harris County, Texas;
THENCE NORTH 80 DEGREES 07 MINUTES 42 SECONDS EAST, 238.00
feet with said pipe line easement centerline to a point for the most
Northerly Southeast corner of said 34.5406 acres;
THENCE NORTH 00 DEGREES 39 MINUTES 20 SECONDS WEST, 792.63
feet, with the East line of said 34.5406 acres to an angle point in
same;
THENCE due, NORTH, 582.84 feet, continuing in the East line
of said 34.5406 acres to a point for corner and PLACE OF BEGINNING;
THENCE due, WEST, 228.09 feet in the South line of said road
easement to a point for corner in the East right-of-way line of
Three Pines Drive;
THENCE NORTH 00 DEGREES 35 MINUTES 00 SECONDS WEST, 60.00
feet, with said Three Pines Drive right-of-way to a point for
corner;
THENCE due, EAST, 228.71 feet with the North line of said road
easement to a point for corner;
THENCE due, SOUTH, 60.00 feet with the East line of said
50.7971 acres to the PLACE OF BEGINNING.
TRACT 3: Being a tract or parcel of land containing 9.997
acres, more or less, located in the Solomon Brown League, A-7,
Harris County, Texas, and being a portion of that certain call
12.3160 acre tract conveyed to Kevin R. Kerr as recorded in File
No. S-897817, and refiled under File No. S-910817 of the Harris
County Official Public Records of Real Property (HCOPRRP), said
9.997 acres being more particularly described by metes and bounds
as follows:
COMMENCING at a 1/2-inch iron rod found on the North
right-of-way (ROW) line of FM-2920 (formerly Tomball-Waller. Road,
100 feet wide), said rod marking the Southwest corner of the
aforesaid call 12.3160 acre Kevin R. Kerr tract, said rod also being
the Southeast corner of a call 0.8426 acre tract conveyed to Barbara
Waldrop, as recorded in File No. T-884120, HCOPRRP, from which a
5/8-inch iron rod found marking the southwest corner of said
Waldrop tract, and the intersection of the North ROW line of said
EM-2920 with the east ROW line of Three Pine Lane (60 feet wide),
bears SOUTH 83 DEGREES 02 MINUTES 36 SECONDS WEST, 176.12 feet;
THENCE NORTH 01 DEGREES 32 MINUTES 36 SECONDS WEST, leaving
said north ROW line, and along the West line of said 12.3160 acre
Kerr tract, at 200.09 feet passing a 5/8-inch iron rod found (1.50
feet west) for Northeast corner of said Waldrop tract, same being
the Southeast corner of a call 1.1843 acre tract conveyed to Chad
Bolton, et ux, as recorded in File No. P-468635, HCOPRRP, and
continuing, in all, a total distance of 254.00 feet to a 5/8-inch
iron rod with cap set for most Westerly Southwest corner of the
herein described tract, the POINT OF BEGINNING;
THENCE NORTH 01 DEGREES 32 MINUTES 36 SECONDS WEST,
continuing along the west line of said call 12.3160 acre Kerr tract,
at 240.84 feet passing a 5/8-inch iron rod found (2.90 feet west)
for Northeast corner of said 1.1843 acre Bolton tract, same being
the Southeast corner of a call 0.6468 acre tract conveyed to Ben L.
Nicholson, et ux, and Alan Broussard, as recorded in File
No. T-544630, HCOPRRP, at 402.15 feet passing the Northeast corner
of said 0.6468 acre Nicholson et al tract, same being the Southeast
corner of a call 0.6026 acre tract conveyed to Alan A. Broussard as
recorded in File No. T-544629, HCOPRRP, at 551.47 feet passing a
5/8-inch iron rod found (3.92 feet west) for Northeast corner of
said 0.6468 Broussard tract, same being the Southeast corner of a
call 1.9927 acre tract conveyed to Vince Yokom, et ux, as recorded
in File No. T-129792, HCOPRRP, and continuing, in all, a total
distance of 553.28 feet to a 1-1/2-inch iron pipe found for
Northwest corner of the herein described tract, said pipe being the
Southwest corner of the residue of an original 100 acre tract
(called 50 acres) as conveyed to JAJO Land Company, Inc., and
recorded in File No. G-018758, and File No. T-738618, HCOPRRP;
THENCE NORTH 88 DEGREES 04 MINUTES 55 SECONDS EAST, along the
North line of said 12.3160 acre Kerr tract, same being the South
line of said 50 acre JAJO Land Company tract, 611.76 feet to a
5/8-inch iron rod with cap set for Northeast corner of the herein
described tract, from which a 1-inch iron rod found marking the
Northeast corner of said 12.3160 Kerr tract bears NORTH 88 DEGREES
04 MINUTES 55 SECONDS EAST, 75.90 feet;
THENCE SOUTH 01 DEGREES 54 MINUTES 00 SECONDS EAST, leaving
the South line of said call 50 acre JAJO Land Company tract, a
distance of 752.67 feet to a 5/8-inch iron rod with cap set for
Southeast corner of the herein described tract, said rod being on
the North ROW line of said FM-2920 (100 feet wide), said rod also
being on the arc of a curve, from which a 5/8-inch iron rod found in
said curve for Southeast corner of said 12.3160 acre Kerr tract
bears (along its long chord) NORTH 81 DEGREES 59 MINUTES 19 SECONDS
EAST, 76.33 feet;
THENCE along the North ROW line of said FM-2920, 180.15 feet
along the arc of a curve to the right, said curve having a chord
which bears SOUTH 82 DEGREES 37 MINUTES 57 SECONDS WEST, a chord
distance of 180.14 feet, a radius of 11409.30 feet and a central
angle of 00 DEGREES 54 MINUTES 17 SECONDS to a concrete monument
found for the end of said curve;
THENCE SOUTH 83 DEGREES 11 MINUTES 00 SECONDS WEST,
continuing along said North ROW line, a distance of 252.08 feet to a
5/8-inch iron rod with cap set for most Southerly Southwest corner
of the herein described tract;
THENCE NORTH 06 DEGREES 31 MINUTES 46 SECONDS WEST, leaving
said North ROW line, a distance of 247.00 feet to a 5/8-inch iron
rod set for interior corner;
THENCE SOUTH 85 DEGREES 14 MINUTES 32 SECONDS WEST, a
distance of 165.00 feet to the POINT OF BEGINNING and containing
9.997 acres (435,452 square feet based on mathematical closure) of
land, more or less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) Section 7889.0306, Special District Local
Laws Code, as added by Section 1 of this Act, takes effect only if
this Act receives a two-thirds vote of all the members elected to
each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 7889, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 7889.0306 to read as follows:
Sec. 7889.0306. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4734 was passed by the House on May
10, 2019, by the following vote: Yeas 121, Nays 20, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4734 was passed by the Senate on May
22, 2019, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor