Texas 2019 - 86th Regular

Texas Senate Bill SB2449 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2449
	1	+	By: Taylor S.B. No. 2449
	2	+	(Paul)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the creation of the Harris County Municipal Utility
6	8		District No. 568; granting a limited power of eminent domain;
7	9		providing authority to issue bonds; providing authority to impose
8	10		assessments, fees, and taxes.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	13		Code, is amended by adding Chapter 8349 to read as follows:
12	14		CHAPTER 8349. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 568
13	15		SUBCHAPTER A. GENERAL PROVISIONS
14	16		Sec. 8349.0101. DEFINITIONS. In this chapter:
15	17		(1) "Board" means the district's board of directors.
16	18		(2) "Commission" means the Texas Commission on
17	19		Environmental Quality.
18	20		(3) "Director" means a board member.
19	21		(4) "District" means the Harris County Municipal
20	22		Utility District No. 568.
21	23		Sec. 8349.0102. NATURE OF DISTRICT. The district is a
22	24		municipal utility district created under Section 59, Article XVI,
23	25		Texas Constitution.
24	26		Sec. 8349.0103. CONFIRMATION AND DIRECTOR ELECTION
25	27		REQUIRED. The temporary directors shall hold an election to
26	28		confirm the creation of the district and to elect five permanent
27	29		directors as provided by Section 49.102, Water Code.
28	30		Sec. 8349.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	31		temporary directors may not hold an election under Section
30	32		8349.0103 until each municipality in whose corporate limits or
31	33		extraterritorial jurisdiction the district is located has
32	34		consented by ordinance or resolution to the creation of the
33	35		district and to the inclusion of land in the district.
34	36		Sec. 8349.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	37		(a) The district is created to serve a public purpose and benefit.
36	38		(b) The district is created to accomplish the purposes of:
37	39		(1) a municipal utility district as provided by
38	40		general law and Section 59, Article XVI, Texas Constitution; and
39	41		(2) Section 52, Article III, Texas Constitution, that
40	42		relate to the construction, acquisition, improvement, operation,
41	43		or maintenance of macadamized, graveled, or paved roads, or
42	44		improvements, including storm drainage, in aid of those roads.
43	45		Sec. 8349.0106. 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. 8349.0201. GOVERNING BODY; TERMS. (a) The district
58	60		is governed by a board of five elected directors.
59	61		(b) Except as provided by Section 8349.0202, directors
60	62		serve staggered four-year terms.
61	63		Sec. 8349.0202. TEMPORARY DIRECTORS. (a) The temporary
62	64		board consists of:
63	65		(1) James M. Pratt;
64	66		(2) Eric P. Mayfield;
65	67		(3) Spencer Harkness;
66	68		(4) Courtney Blackburn; and
67	69		(5) Bryson Grover.
68	70		(b) Temporary directors serve until the earlier of:
69	71		(1) the date permanent directors are elected under
70	72		Section 8349.0103; 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 8349.0103 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 8349.0103; 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. 8349.0301. GENERAL POWERS AND DUTIES. The district
91	93		has the powers and duties necessary to accomplish the purposes for
92	94		which the district is created.
93	95		Sec. 8349.0302. 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. 8349.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99	101		52, Article III, Texas Constitution, the district may design,
100	102		acquire, construct, finance, issue bonds for, improve, operate,
101	103		maintain, and convey to this state, a county, or a municipality for
102	104		operation and maintenance macadamized, graveled, or paved roads, or
103	105		improvements, including storm drainage, in aid of those roads.
104	106		Sec. 8349.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	107		road project must meet all applicable construction standards,
106	108		zoning and subdivision requirements, and regulations of each
107	109		municipality in whose corporate limits or extraterritorial
108	110		jurisdiction the road project is located.
109	111		(b) If a road project is not located in the corporate limits
110	112		or extraterritorial jurisdiction of a municipality, the road
111	113		project must meet all applicable construction standards,
112	114		subdivision requirements, and regulations of each county in which
113	115		the road project is located.
114	116		(c) If the state will maintain and operate the road, the
115	117		Texas Transportation Commission must approve the plans and
116	118		specifications of the road project.
117	119		Sec. 8349.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118	120		ORDINANCE OR RESOLUTION. The district shall comply with all
119	121		applicable requirements of any ordinance or resolution that is
120	122		adopted under Section 54.016 or 54.0165, Water Code, and that
121	123		consents to the creation of the district or to the inclusion of land
122	124		in the district.
123	125		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
124	126		Sec. 8349.0401. ELECTIONS REGARDING TAXES OR BONDS.
125	127		(a) The district may issue, without an election, bonds and other
126	128		obligations secured by:
127	129		(1) revenue other than ad valorem taxes; or
128	130		(2) contract payments described by Section 8349.0403.
129	131		(b) The district must hold an election in the manner
130	132		provided by Chapters 49 and 54, Water Code, to obtain voter approval
131	133		before the district may impose an ad valorem tax or issue bonds
132	134		payable from ad valorem taxes.
133	135		(c) The district may not issue bonds payable from ad valorem
134	136		taxes to finance a road project unless the issuance is approved by a
135	137		vote of a two-thirds majority of the district voters voting at an
136	138		election held for that purpose.
137	139		Sec. 8349.0402. OPERATION AND MAINTENANCE TAX. (a) If
138	140		authorized at an election held under Section 8349.0401, the
139	141		district may impose an operation and maintenance tax on taxable
140	142		property in the district in accordance with Section 49.107, Water
141	143		Code.
142	144		(b) The board shall determine the tax rate. The rate may not
143	145		exceed the rate approved at the election.
144	146		Sec. 8349.0403. CONTRACT TAXES. (a) In accordance with
145	147		Section 49.108, Water Code, the district may impose a tax other than
146	148		an operation and maintenance tax and use the revenue derived from
147	149		the tax to make payments under a contract after the provisions of
148	150		the contract have been approved by a majority of the district voters
149	151		voting at an election held for that purpose.
150	152		(b) A contract approved by the district voters may contain a
151	153		provision stating that the contract may be modified or amended by
152	154		the board without further voter approval.
153	155		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	156		Sec. 8349.0501. AUTHORITY TO ISSUE BONDS AND OTHER
155	157		OBLIGATIONS. The district may issue bonds or other obligations
156	158		payable wholly or partly from ad valorem taxes, impact fees,
157	159		revenue, contract payments, grants, or other district money, or any
158	160		combination of those sources, to pay for any authorized district
159	161		purpose.
160	162		Sec. 8349.0502. TAXES FOR BONDS. At the time the district
161	163		issues bonds payable wholly or partly from ad valorem taxes, the
162	164		board shall provide for the annual imposition of a continuing
163	165		direct ad valorem tax, without limit as to rate or amount, while all
164	166		or part of the bonds are outstanding as required and in the manner
165	167		provided by Sections 54.601 and 54.602, Water Code.
166	168		Sec. 8349.0503. BONDS FOR ROAD PROJECTS. At the time of
167	169		issuance, the total principal amount of bonds or other obligations
168	170		issued or incurred to finance road projects and payable from ad
169	171		valorem taxes may not exceed one-fourth of the assessed value of the
170	172		real property in the district.
171	173		SECTION 2. The Harris County Municipal Utility District No.
172	174		568 initially includes all the territory contained in the following
173	175		area:
174	176		Being 134.40 acres of land located in the Thomas Choate
175	177		League, Abstract No. 12, Harris County, Texas; being a portion of
176	178		that certain called 381.61 acre tract of land described in an
177	179		instrument of record under in Volume 834, Page 533, of the Deed
178	180		Records of said Harris County, Texas (H.C.D.R.) (hereinafter
179	181		referred to as the 381.61 acre Beamer Tract), of which one quarter
180	182		(1/4) interests in said 381.61 acre Beamer Tract were conveyed
181	183		equally to Kathryn Beamer Breiling, individually and as Trustee and
182	184		Scott Beamer, individually and as Trustee by an instrument of
183	185		record under File Number K242495, of the Official Public Records of
184	186		Real Property of Harris County, Texas (H.C.O.P.R.R.P.) and a
185	187		portion of a separate called 381.61 acre tract of land was conveyed
186	188		to George A. Scott by an instrument of record under in Volume 834,
187	189		Page 534, H.C.D.R. (hereinafter referred to as the 381.61 acre
188	190		Scott Tract), said 130.40 acres being more particularly described
189	191		by metes and bounds as follows, all bearings referenced to the Texas
190	192		Coordinate System, South Central Zone, NAD 83 (1993 adjustment):
191	193		BEGINNING at a 5/8-inch iron rod with cap stamped "Baseline
192	194		Corp" found for the southeast corner of a 3.1271 acre tract of land
193	195		(described as Parcel No. 2, Part 2B) conveyed to County of Houston
194	196		for the widening of Beamer Road of record under File Number
195	197		2014032626, H.C.O.P.R.R.P., also being the northwest corner of
196	198		Restricted Reserve "A" of Clear Creek I.S.D. Intermediate School
197	199		No. 9, a subdivision of record under Film Code Number 579002, of the
198	200		Map Records of Harris County, Texas (H.C.M.R.), said point being on
199	201		the easterly right-of-way line of Beamer Road (width varies) Volume
200	202		69, Page 231 and Volume 663, Page 272, Deed Records of Harris County
201	203		Texas (H.C.D.R.), Volume 315, Page 30, H.C.M.R. and Film Code
202	204		Number 579002, H.C.M.R. and File Number 2014032626,
203	205		H.C.O.P.R.R.P.;
204	206		Thence, along the easterly line of said Beamer Road described
205	207		in File Number 2014032626, H.C.O.P.R.R.P. the following six (6)
206	208		courses:
207	209		1. North 48° 26' 02" West, 42.19 feet to a 5/8-inch iron rod
208	210		with cap stamped "Baseline Corp" found for corner, the beginning of
209	211		a curve;
210	212		2. 141.83 feet, along the arc of a tangent curve to the
211	213		right, having a radius of 1,849.86 feet, a central angle of 04° 23'
212	214		34", and a chord which bears North 46° 14' 14" West 141.79 feet to a
213	215		5/8-inch iron rod with cap stamped "Baseline Corp" found for
214	216		corner;
215	217		3. North 44° 02' 27" West, 304.11 feet to a 5/8-inch iron rod
216	218		with cap stamped "Baseline Corp" found for corner, the beginning of
217	219		a curve;
218	220		4. 147.99 feet, along the arc of a tangent curve to the left,
219	221		having a radius of 1,969.86 feet, a central angle of 04° 18' 16", and
220	222		a chord which bears North 46° 11' 35" West 147.95 feet to a 5/8-inch
221	223		iron rod with cap stamped "Baseline Corp" found for corner;
222	224		5. North 48° 20' 43" West, 1,827.98 feet to a 5/8-inch iron
223	225		rod with cap stamped "Baseline Corp" found for corner;
224	226		6. South 41° 39' 45" West, 61.62 feet to a point for the
225	227		northwest corner of the aforementioned 3.1271 acre tract, said
226	228		point being on the easterly right-of-way line of Beamer Road
227	229		described in Volume 663, Page 272, H.C.D.R. (called 60 feet wide at
228	230		this point);
229	231		Thence, North 48° 24' 53" West, continuing along the easterly
230	232		line of said Beamer Road, 1,216.93 feet to a point for corner;
231	233		Thence, North 18° 55' 59" East, departing said easterly
232	234		right-of-way line, at 2.30 feet pass a 5/8-inch iron rod with
233	235		aluminum disk stamped HL&P CO PT 103C found for the southwest corner
234	236		of a 2.298 acre Houston Lighting & Power Company right-of-way
235	237		easement (120 feet wide at this point) granted under File Number
236	238		L544227, H.C.O.P.R.R.P., continuing in all a total distance of
237	239		54.36 feet to an angle point on the southeasterly line of said
238	240		right-of-way easement (80 feet wide at this point);
239	241		Thence, North 44° 16' 59" East, continuing along the
240	242		southeasterly line of said right-of-way easement, 520.81 feet to a
241	243		point for corner, from which a found 5/8-inch iron rod with aluminum
242	244		disk stamped HL&P CO PT 101A at an angle point on the southeasterly
243	245		line of said right-of-way easement bears North 44° 16' 59" East,
244	246		360.31 feet;
245	247		Thence, South 46° 14' 34" East, departing said southeasterly
246	248		line and generally along the westerly line of a dirt road, 325.93
247	249		feet to a point for corner ;
248	250		Thence, North 41° 35' 30" East, generally along the remains of
249	251		a 4 foot barbed wire fence, 1,134.09 feet to a point for corner on
250	252		the easterly line of the aforementioned 381.61 acre Scott Tract,
251	253		same being the westerly line of the residue of that certain called
252	254		76.52 acre tract described conveyed to Thomas Franklin Riggs,
253	255		Catherine Riggs, Brian Riggs and Grace India Riggs by an instrument
254	256		of record under File Number F028674, H.C.O.P.R.R.P., to Bumble Bee
255	257		Partners, Ltd by an instrument of record under File Number T669265,
256	258		H.C.O.P.R.R.P., and to Tessa Ellen Blake by an instrument of record
257	259		under File Number W794835, H.C.O.P.R.R.P.;
258	260		Thence, South 49° 45' 00" East, along the easterly line of
259	261		said 381.61 acre Scott Tract and the westerly line of said 76.52
260	262		acre tract and its extension along Glenwest Drive (60 feet wide at
261	263		this point) as shown on Film Code Number 660047, H.C.M.R., 3,351.29
262	264		feet to a 3/4-inch iron pipe for the northeast corner of that
263	265		certain called 99.19 acre tract conveyed to Lakefield Realty, Inc.
264	266		by an instrument of record under File Number U476294,
265	267		H.C.O.P.R.R.P., said point being an angle point on the westerly
266	268		right-of-way line of Glenwest Drive;
267	269		Thence, South 41° 34' 48" West, along the northwesterly line
268	270		of said 99.19 acre tract, at 466.79 feet pass a 1-1/4-inch iron pipe
269	271		found for the most western northeast corner of Restricted Reserve
270	272		"A" of the aforementioned Clear Creek I.S.D. Intermediate School
271	273		No. 9 subdivision, continuing along the northwest line of said
272	274		Reserve "A", in all a total distance of 1,745.13 feet to the POINT
273	275		OF BEGINNING and containing 134.40 acre of land.
274	276		SECTION 3. (a) The legal notice of the intention to
275	277		introduce this Act, setting forth the general substance of this
276	278		Act, has been published as provided by law, and the notice and a
277	279		copy of this Act have been furnished to all persons, agencies,
278	280		officials, or entities to which they are required to be furnished
279	281		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
280	282		Government Code.
281	283		(b) The governor, one of the required recipients, has
282	284		submitted the notice and Act to the Texas Commission on
283	285		Environmental Quality.
284	286		(c) The Texas Commission on Environmental Quality has filed
285	287		its recommendations relating to this Act with the governor, the
286	288		lieutenant governor, and the speaker of the house of
287	289		representatives within the required time.
288	290		(d) All requirements of the constitution and laws of this
289	291		state and the rules and procedures of the legislature with respect
290	292		to the notice, introduction, and passage of this Act are fulfilled
291	293		and accomplished.
292	294		SECTION 4. (a) If this Act does not receive a two-thirds
293	295		vote of all the members elected to each house, Subchapter C, Chapter
294	296		8349, Special District Local Laws Code, as added by Section 1 of
295	297		this Act, is amended by adding Section 8349.0306 to read as follows:
296	298		Sec. 8349.0306. NO EMINENT DOMAIN POWER. The district may
297	299		not exercise the power of eminent domain.
298	300		(b) This section is not intended to be an expression of a
299	301		legislative interpretation of the requirements of Section 17(c),
300	302		Article I, Texas Constitution.
301	303		SECTION 5. This Act takes effect immediately if it receives
302	304		a vote of two-thirds of all the members elected to each house, as
303	305		provided by Section 39, Article III, Texas Constitution. If this
304	306		Act does not receive the vote necessary for immediate effect, this
305	307		Act takes effect September 1, 2019.
306		-	______________________________ ______________________________
307		-	President of the Senate Speaker of the House
308		-	I hereby certify that S.B. No. 2449 passed the Senate on
309		-	April 26, 2019, by the following vote: Yeas 29, Nays 1.
310		-	______________________________
311		-	Secretary of the Senate
312		-	I hereby certify that S.B. No. 2449 passed the House on
313		-	May 14, 2019, by the following vote: Yeas 119, Nays 22, two
314		-	present not voting.
315		-	______________________________
316		-	Chief Clerk of the House
317		-	Approved:
318		-	______________________________
319		-	Date
320		-	______________________________
321		-	Governor