Texas 2019 - 86th Regular

Texas Senate Bill SB2472 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Kolkhorst S.B. No. 2472
	2	+	(In the Senate - Filed March 26, 2019; March 27, 2019, read
	3	+	first time and referred to Committee on Intergovernmental
	4	+	Relations; May 6, 2019, reported adversely, with favorable
	5	+	Committee Substitute by the following vote: Yeas 7, Nays 0;
	6	+	May 6, 2019, sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 2472 By: Nichols
2	9
3	10
4	11		A BILL TO BE ENTITLED
5	12		AN ACT
6	13		relating to the creation of the Richfield Ranch Water Control and
7	14		Improvement District of Harris County, Texas; granting a limited
8	15		power of eminent domain; providing authority to issue bonds;
9	16		providing authority to impose assessments, fees, and taxes.
10	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	18		SECTION 1. Subtitle I, Title 6, Special District Local Laws
12	19		Code, is amended by adding Chapter 9086 to read as follows:
13	20		CHAPTER 9086. RICHFIELD RANCH WATER CONTROL AND IMPROVEMENT
14	21		DISTRICT OF HARRIS COUNTY, TEXAS
15	22		SUBCHAPTER A. GENERAL PROVISIONS
16	23		Sec. 9086.0101. DEFINITIONS. In this chapter:
17	24		(1) "Board" means the district's board of directors.
18	25		(2) "Commission" means the Texas Commission on
19	26		Environmental Quality.
20	27		(3) "Director" means a board member.
21	28		(4) "District" means the Richfield Ranch Water Control
22	29		and Improvement District of Harris County, Texas.
23	30		Sec. 9086.0102. NATURE OF DISTRICT. The district is a water
24	31		control and improvement district created under Section 59, Article
25	32		XVI, Texas Constitution.
26	33		Sec. 9086.0103. CONFIRMATION AND DIRECTORS' ELECTION
27	34		REQUIRED. The temporary directors shall hold an election to
28	35		confirm the creation of the district and to elect five permanent
29	36		directors as provided by Section 49.102, Water Code.
30	37		Sec. 9086.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	38		temporary directors may not hold an election under Section
32	39		9086.0103 until each municipality in whose corporate limits or
33	40		extraterritorial jurisdiction the district is located has
34	41		consented by ordinance or resolution to the creation of the
35	42		district and to the inclusion of land in the district.
36	43		Sec. 9086.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	44		(a) The district is created to serve a public purpose and benefit.
38	45		(b) The district is created to accomplish the purposes of:
39	46		(1) a water control and improvement district as
40	47		provided by general law and Section 59, Article XVI, Texas
41	48		Constitution, including the collection, transportation,
42	49		processing, disposal, and control of domestic, industrial, or
43	50		communal waste and the gathering, conducting, diverting, and
44	51		control of local stormwater or other harmful excesses of water; and
45	52		(2) Section 52, Article III, Texas Constitution, that
46	53		relate to the construction, acquisition, improvement, operation,
47	54		or maintenance of macadamized, graveled, or paved roads, or
48	55		improvements, including storm drainage, in aid of those roads.
49	56		Sec. 9086.0106. INITIAL DISTRICT TERRITORY. (a) The
50	57		district is initially composed of the territory described by
51	58		Section 2 of the Act enacting this chapter.
52	59		(b) The boundaries and field notes contained in Section 2 of
53	60		the Act enacting this chapter form a closure. A mistake made in the
54	61		field notes or in copying the field notes in the legislative process
55	62		does not affect the district's:
56	63		(1) organization, existence, or validity;
57	64		(2) right to issue any type of bond for the purposes
58	65		for which the district is created or to pay the principal of and
59	66		interest on a bond;
60	67		(3) right to impose a tax; or
61	68		(4) legality or operation.
62	69		SUBCHAPTER B. BOARD OF DIRECTORS
63	70		Sec. 9086.0201. GOVERNING BODY; TERMS. (a) The district
64	71		is governed by a board of five elected directors.
65	72		(b) Except as provided by Section 9086.0202, directors
66	73		serve staggered four-year terms.
67	74		Sec. 9086.0202. TEMPORARY DIRECTORS. (a) On or after the
68	75		effective date of the Act enacting this chapter, the owner or owners
69	76		of a majority of the assessed value of the real property in the
70	77		district may submit a petition to the commission requesting that
71	78		the commission appoint as temporary directors the five persons
72	79		named in the petition. The commission shall appoint as temporary
73	80		directors the five persons named in the petition.
74	81		(b) Temporary directors serve until the earlier of:
75	82		(1) the date permanent directors are elected under
76	83		Section 9086.0103; or
77	84		(2) the fourth anniversary of the effective date of
78	85		the Act enacting this chapter.
79	86		(c) If permanent directors have not been elected under
80	87		Section 9086.0103 and the terms of the temporary directors have
81	88		expired, successor temporary directors shall be appointed or
82	89		reappointed as provided by Subsection (d) to serve terms that
83	90		expire on the earlier of:
84	91		(1) the date permanent directors are elected under
85	92		Section 9086.0103; or
86	93		(2) the fourth anniversary of the date of the
87	94		appointment or reappointment.
88	95		(d) If Subsection (c) applies, the owner or owners of a
89	96		majority of the assessed value of the real property in the district
90	97		may submit a petition to the commission requesting that the
91	98		commission appoint as successor temporary directors the five
92	99		persons named in the petition. The commission shall appoint as
93	100		successor temporary directors the five persons named in the
94	101		petition.
95	102		SUBCHAPTER C. POWERS AND DUTIES
96	103		Sec. 9086.0301. GENERAL POWERS AND DUTIES. The district
97	104		has the powers and duties necessary to accomplish the purposes for
98	105		which the district is created.
99	106		Sec. 9086.0302. WATER CONTROL AND IMPROVEMENT DISTRICT
100	107		POWERS AND DUTIES. The district has the powers and duties provided
101	108		by the general law of this state, including Chapters 49 and 51,
102	109		Water Code, applicable to water control and improvement districts
103	110		created under Section 59, Article XVI, Texas Constitution, and
104	111		specifically including the powers and duties authorized under
105	112		Subchapter H, Chapter 51, Water Code.
106	113		Sec. 9086.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
107	114		52, Article III, Texas Constitution, the district may design,
108	115		acquire, construct, finance, issue bonds for, improve, operate,
109	116		maintain, and convey to this state, a county, or a municipality for
110	117		operation and maintenance macadamized, graveled, or paved roads, or
111	118		improvements, including storm drainage, in aid of those roads.
112	119		Sec. 9086.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
113	120		road project must meet all applicable construction standards,
114	121		zoning and subdivision requirements, and regulations of each
115	122		municipality in whose corporate limits or extraterritorial
116	123		jurisdiction the road project is located.
117	124		(b) If a road project is not located in the corporate limits
118	125		or extraterritorial jurisdiction of a municipality, the road
119	126		project must meet all applicable construction standards, zoning and
120	127		subdivision requirements, and regulations of each county in which
121	128		the road project is located.
122	129		(c) If the state will maintain and operate the road, the
123	130		Texas Transportation Commission must approve the plans and
124	131		specifications of the road project.
125	132		Sec. 9086.0305. COMPLIANCE WITH MUNICIPAL CONSENT
126	133		ORDINANCE OR RESOLUTION. The district shall comply with all
127	134		applicable requirements of any ordinance or resolution that is
128	135		adopted under Section 42.042 or 42.0425, Local Government Code, and
129	136		consents to the creation of the district or to the inclusion of land
130	137		in the district.
131	138		Sec. 9086.0306. LIMITATION ON USE OF EMINENT DOMAIN. The
132	139		district may not exercise the power of eminent domain outside the
133	140		district boundaries to acquire a site or easement for:
134	141		(1) a recreational facility, as defined by Section
135	142		49.462, Water Code; or
136	143		(2) a road project authorized by Section 9086.0303.
137	144		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
138	145		Sec. 9086.0401. ELECTIONS REGARDING TAXES OR BONDS.
139	146		(a) The district may issue, without an election, bonds and other
140	147		obligations secured by:
141	148		(1) revenue other than ad valorem taxes; or
142	149		(2) contract payments described by Section 9086.0403.
143	150		(b) The district must hold an election in the manner
144	151		provided by Chapters 49 and 51, Water Code, to obtain voter approval
145	152		before the district may impose an ad valorem tax or issue bonds
146	153		payable from ad valorem taxes.
147	154		(c) The district may not issue bonds payable from ad valorem
148	155		taxes to finance a road project unless the issuance is approved by a
149	156		vote of a two-thirds majority of the district voters voting at an
150	157		election held for that purpose.
151	158		Sec. 9086.0402. OPERATION AND MAINTENANCE TAX. (a) If
152	159		authorized at an election held under Section 9086.0401, the
153	160		district may impose an operation and maintenance tax on taxable
154	161		property in the district in accordance with Section 49.107, Water
155	162		Code.
156	163		(b) The board shall determine the tax rate. The rate may not
157	164		exceed the rate approved at the election.
158	165		Sec. 9086.0403. CONTRACT TAXES. (a) In accordance with
159	166		Section 49.108, Water Code, the district may impose a tax other than
160	167		an operation and maintenance tax and use the revenue derived from
161	168		the tax to make payments under a contract after the provisions of
162	169		the contract have been approved by a majority of the district voters
163	170		voting at an election held for that purpose.
164	171		(b) A contract approved by the district voters may contain a
165	172		provision stating that the contract may be modified or amended by
166	173		the board without further voter approval.
167	174		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
168	175		Sec. 9086.0501. AUTHORITY TO ISSUE BONDS AND OTHER
169	176		OBLIGATIONS. The district may issue bonds or other obligations
170	177		payable wholly or partly from ad valorem taxes, impact fees,
171	178		revenue, contract payments, grants, or other district money, or any
172	179		combination of those sources, to pay for any authorized district
173	180		purpose.
174	181		Sec. 9086.0502. TAXES FOR BONDS. At the time the district
175	182		issues bonds payable wholly or partly from ad valorem taxes, the
176	183		board shall provide for the annual imposition of a continuing
177	184		direct ad valorem tax, without limit as to rate or amount, while all
178	185		or part of the bonds are outstanding as required and in the manner
179	186		provided by Chapter 51, Water Code.
180	187		Sec. 9086.0503. BONDS FOR ROAD PROJECTS. At the time of
181	188		issuance, the total principal amount of bonds or other obligations
182	189		issued or incurred to finance road projects and payable from ad
183	190		valorem taxes may not exceed one-fourth of the assessed value of the
184	191		real property in the district.
185	192		Sec. 9086.0504. BONDS FOR RECREATIONAL FACILITIES.
186	193		(a) The district may develop recreational facilities and issue
187	194		bonds for recreational facilities as provided by Chapter 49, Water
188	195		Code, regardless of whether the district's territory overlaps with
189	196		the territory of a political subdivision that is authorized to
190	197		develop recreational facilities and issue bonds for recreational
191	198		facilities under Chapter 49, Water Code.
192	199		(b) The authority of the district to develop recreational
193	200		facilities and issue bonds for recreational facilities under this
194	201		section does not limit the authority of another political
195	202		subdivision whose territory the territory of the district may
196	203		overlap, wholly or partly, to develop recreational facilities and
197	204		issue bonds for recreational facilities under Chapter 49, Water
198	205		Code.
199	206		SECTION 2. The Richfield Ranch Water Control and
200	207		Improvement District of Harris County, Texas, initially includes
201	208		all the territory contained in the following area:
202	209		Being a 514.99 acre tract of land located within the Edward
203	210		Goodsir Survey, A-285, and the H.T.&B.R.R. Co. Survey, A-402, all
204	211		in Harris County, Texas; said 514.99 acre tract being a part of a
205	212		call 2523.670 acre tract of land recorded in Harris County Clerk's
206	213		File (H.C.C.F.) Number U036618 of the Official Public Records of
207	214		Real Property of Harris County (O.P.R.R.P.H.C) and all of ten (10)
208	215		call 0.115 acre tracts of land recorded in Clerks File Numbers
209	216		V919383, V919382, V919381, V919380, Y493816, V925363,
210	217		RP-2018-129140, V925362, V925364 and V925366 of the O.P.R.R.P.H.C;
211	218		said 514.99 acre tract being more particularly described by metes
212	219		and bounds as follows (all bearings are referenced to the south line
213	220		of said 2523.670 acre tract);
214	221		Commencing at a 3/4-inch iron rod found at an interior corner
215	222		of said 2523.670 acre tract and the northeast corner of a call 3.220
216	223		acre tract of land recorded in Volume 6368, Page 357 of the Harris
217	224		County Deed Records (H.C.D.R.), and being on the south Right-of-Way
218	225		(R.O.W.) line of the Union Pacific Railroad (100 feet wide)
219	226		recorded in Volume 964, Page 88 of the H.C.D.R.;
220	227		Thence, through said 2523.670 acre tract, South 17 degrees 34
221	228		minutes 16 seconds West, a distance of 450.37 feet to the Point of
222	229		Beginning of the herein described tract of land, same being on the
223	230		common line of said 2523.670 acre tract and a call 523.376 acre
224	231		tract of land recorded in Clerk's File Number H793053 of the
225	232		O.P.R.R.P.H.C.;
226	233		Thence, through said 2523.670 acre tract. the following five
227	234		(5) courses:
228	235		1. South 68 degrees 09 minutes 04 seconds East, a
229	236		distance of 2,829.49 feet;
230	237		2. 1,014.11 feet along the arc of a curve to the right,
231	238		said curve having a central angle of 05 degrees 50 minutes 03
232	239		seconds, a radius of 9,959.16 feet and a chord that bears South 00
233	240		degrees 42 minutes 03 seconds East, a distance of 1,013.67 feet;
234	241		3. South 02 degrees 12 minutes 59 seconds West, a
235	242		distance of 1,730.52 feet;
236	243		4. 1,477.19 feet along the arc of a curve to the left,
237	244		said curve having a central angle of 03 degrees 27 minutes 58
238	245		seconds, a radius of 24,418.32 feet and a chord that bears South 00
239	246		degrees 29 minutes 00 seconds West, a distance of 1,476.96 feet;
240	247		5. South 01 degrees 14 minutes 59 seconds East, a
241	248		distance of 2,109.44 feet to the common line of said 2523.670 acre
242	249		tract and a call 1158.2 acre tract of land recorded in Volume 3131,
243	250		Page 393 of the H.C.D.R.;
244	251		6. Thence, with said common line, South 88 degrees 00
245	252		minutes 19 seconds West, a distance of 3,191.76 feet to the
246	253		southwest corner of said 2523.670 acre tract and the southeast
247	254		corner of a call 100.228 acre tract of land recorded in Clerk's File
248	255		Number F333086 of the O.P.R.R.P.H.C.;
249	256		7. Thence, with the west line of said 2523.670 acre
250	257		tract, the east line of said 100.228 acre tract, the east line of a
251	258		call 100.228 acre tract of land and a call 40.68 acre tract of land
252	259		recorded in Clerk's File Number D452281 of the O.P.R.R.P.H.C, the
253	260		east line of a call 155.64 acre tract of land recorded in Clerk's
254	261		File Number T055320 of the O.P.R.R.P.H.C., and the east line of
255	262		aforesaid 523.376 acre tract, North 02 degrees 35 minutes 16
256	263		seconds West, a distance of 6,474.00 feet;
257	264		8. Thence, continuing with the common line of said
258	265		2523.670 acre tract and said 523.376 acre tract, South 67 degrees 45
259	266		minutes 43 seconds East, a distance of 1,004.43 feet to the
260	267		southeast corner of said 523.376 acre tract;
261	268		9. Thence, continuing with said common line, North 02
262	269		degrees 09 minutes 14 seconds West, a distance of 1,406.52 feet to
263	270		the Point of Beginning and containing 514.99 acres of land.
264	271		SECTION 3. (a) The legal notice of the intention to
265	272		introduce this Act, setting forth the general substance of this
266	273		Act, has been published as provided by law, and the notice and a
267	274		copy of this Act have been furnished to all persons, agencies,
268	275		officials, or entities to which they are required to be furnished
269	276		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
270	277		Government Code.
271	278		(b) The governor, one of the required recipients, has
272	279		submitted the notice and Act to the Texas Commission on
273	280		Environmental Quality.
274	281		(c) The Texas Commission on Environmental Quality has filed
275	282		its recommendations relating to this Act with the governor, the
276	283		lieutenant governor, and the speaker of the house of
277	284		representatives within the required time.
278	285		(d) All requirements of the constitution and laws of this
279	286		state and the rules and procedures of the legislature with respect
280	287		to the notice, introduction, and passage of this Act are fulfilled
281	288		and accomplished.
282	289		SECTION 4. (a) Section 9086.0306, Special District Local
283	290		Laws Code, as added by Section 1 of this Act, takes effect only if
284	291		this Act receives a two-thirds vote of all the members elected to
285	292		each house.
286	293		(b) If this Act does not receive a two-thirds vote of all the
287	294		members elected to each house, Subchapter C, Chapter 9086, Special
288	295		District Local Laws Code, as added by Section 1 of this Act, is
289	296		amended by adding Section 9086.0306 to read as follows:
290	297		Sec. 9086.0306. NO EMINENT DOMAIN POWER. The district may
291	298		not exercise the power of eminent domain.
292	299		(c) This section is not intended to be an expression of a
293	300		legislative interpretation of the requirements of Section 17(c),
294	301		Article I, Texas Constitution.
295	302		SECTION 5. This Act takes effect immediately if it receives
296	303		a vote of two-thirds of all the members elected to each house, as
297	304		provided by Section 39, Article III, Texas Constitution. If this
298	305		Act does not receive the vote necessary for immediate effect, this
299	306		Act takes effect September 1, 2019.
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