Texas 2019 - 86th Regular

Texas Senate Bill SB2474 Compare Versions

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1	1		By: Kolkhorst S.B. No. 2474
2		-	(Calanni)
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to the creation of the Harris County Municipal Utility
8	7		District No. 569; granting a limited power of eminent domain;
9	8		providing authority to issue bonds; providing authority to impose
10	9		assessments, fees, and taxes.
11	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	11		SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	12		Code, is amended by adding Chapter 8057 to read as follows:
14	13		CHAPTER 8057. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 569
15	14		SUBCHAPTER A. GENERAL PROVISIONS
16	15		Sec. 8057.0101. DEFINITIONS. In this chapter:
17	16		(1) "Board" means the district's board of directors.
18	17		(2) "Commission" means the Texas Commission on
19	18		Environmental Quality.
20	19		(3) "Director" means a board member.
21	20		(4) "District" means the Harris County Municipal
22	21		Utility District No. 569.
23	22		Sec. 8057.0102. NATURE OF DISTRICT. The district is a
24	23		municipal utility district created under Section 59, Article XVI,
25	24		Texas Constitution.
26	25		Sec. 8057.0103. CONFIRMATION AND DIRECTOR ELECTION
27	26		REQUIRED. The temporary directors shall hold an election to
28	27		confirm the creation of the district and to elect five permanent
29	28		directors as provided by Section 49.102, Water Code.
30	29		Sec. 8057.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	30		temporary directors may not hold an election under Section
32	31		8057.0103 until each municipality in whose corporate limits or
33	32		extraterritorial jurisdiction the district is located has
34	33		consented by ordinance or resolution to the creation of the
35	34		district and to the inclusion of land in the district.
36	35		Sec. 8057.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	36		(a) The district is created to serve a public purpose and benefit.
38	37		(b) The district is created to accomplish the purposes of:
39	38		(1) a municipal utility district as provided by
40	39		general law and Section 59, Article XVI, Texas Constitution; and
41	40		(2) Section 52, Article III, Texas Constitution, that
42	41		relate to the construction, acquisition, improvement, operation,
43	42		or maintenance of macadamized, graveled, or paved roads, or
44	43		improvements, including storm drainage, in aid of those roads.
45	44		Sec. 8057.0106. INITIAL DISTRICT TERRITORY. (a) The
46	45		district is initially composed of the territory described by
47	46		Section 2 of the Act enacting this chapter.
48	47		(b) The boundaries and field notes contained in Section 2 of
49	48		the Act enacting this chapter form a closure. A mistake made in the
50	49		field notes or in copying the field notes in the legislative process
51	50		does not affect the district's:
52	51		(1) organization, existence, or validity;
53	52		(2) right to issue any type of bond for the purposes
54	53		for which the district is created or to pay the principal of and
55	54		interest on a bond;
56	55		(3) right to impose a tax; or
57	56		(4) legality or operation.
58	57		SUBCHAPTER B. BOARD OF DIRECTORS
59	58		Sec. 8057.0201. GOVERNING BODY; TERMS. (a) The district
60	59		is governed by a board of five elected directors.
61	60		(b) Except as provided by Section 8057.0202, directors
62	61		serve staggered four-year terms.
63	62		Sec. 8057.0202. TEMPORARY DIRECTORS. (a) On or after the
64	63		effective date of the Act enacting this chapter, the owner or owners
65	64		of a majority of the assessed value of the real property in the
66	65		district may submit a petition to the commission requesting that
67	66		the commission appoint as temporary directors the five persons
68	67		named in the petition. The commission shall appoint as temporary
69	68		directors the five persons named in the petition.
70	69		(b) Temporary directors serve until the earlier of:
71	70		(1) the date permanent directors are elected under
72	71		Section 8057.0103; or
73	72		(2) the fourth anniversary of the effective date of
74	73		the Act enacting this chapter.
75	74		(c) If permanent directors have not been elected under
76	75		Section 8057.0103 and the terms of the temporary directors have
77	76		expired, successor temporary directors shall be appointed or
78	77		reappointed as provided by Subsection (d) to serve terms that
79	78		expire on the earlier of:
80	79		(1) the date permanent directors are elected under
81	80		Section 8057.0103; or
82	81		(2) the fourth anniversary of the date of the
83	82		appointment or reappointment.
84	83		(d) If Subsection (c) applies, the owner or owners of a
85	84		majority of the assessed value of the real property in the district
86	85		may submit a petition to the commission requesting that the
87	86		commission appoint as successor temporary directors the five
88	87		persons named in the petition. The commission shall appoint as
89	88		successor temporary directors the five persons named in the
90	89		petition.
91	90		SUBCHAPTER C. POWERS AND DUTIES
92	91		Sec. 8057.0301. GENERAL POWERS AND DUTIES. The district
93	92		has the powers and duties necessary to accomplish the purposes for
94	93		which the district is created.
95	94		Sec. 8057.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
96	95		DUTIES. The district has the powers and duties provided by the
97	96		general law of this state, including Chapters 49 and 54, Water Code,
98	97		applicable to municipal utility districts created under Section 59,
99	98		Article XVI, Texas Constitution.
100	99		Sec. 8057.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
101	100		52, Article III, Texas Constitution, the district may design,
102	101		acquire, construct, finance, issue bonds for, improve, operate,
103	102		maintain, and convey to this state, a county, or a municipality for
104	103		operation and maintenance macadamized, graveled, or paved roads, or
105	104		improvements, including storm drainage, in aid of those roads.
106	105		Sec. 8057.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	106		road project must meet all applicable construction standards,
108	107		zoning and subdivision requirements, and regulations of each
109	108		municipality in whose corporate limits or extraterritorial
110	109		jurisdiction the road project is located.
111	110		(b) If a road project is not located in the corporate limits
112	111		or extraterritorial jurisdiction of a municipality, the road
113	112		project must meet all applicable construction standards,
114	113		subdivision requirements, and regulations of each county in which
115	114		the road project is located.
116	115		(c) If the state will maintain and operate the road, the
117	116		Texas Transportation Commission must approve the plans and
118	117		specifications of the road project.
119	118		Sec. 8057.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120	119		ORDINANCE OR RESOLUTION. The district shall comply with all
121	120		applicable requirements of any ordinance or resolution that is
122	121		adopted under Section 54.016 or 54.0165, Water Code, and that
123	122		consents to the creation of the district or to the inclusion of land
124	123		in the district.
125	124		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	125		Sec. 8057.0401. ELECTIONS REGARDING TAXES OR BONDS.
127	126		(a) The district may issue, without an election, bonds and other
128	127		obligations secured by:
129	128		(1) revenue other than ad valorem taxes; or
130	129		(2) contract payments described by Section 8057.0403.
131	130		(b) The district must hold an election in the manner
132	131		provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	132		before the district may impose an ad valorem tax or issue bonds
134	133		payable from ad valorem taxes.
135	134		(c) The district may not issue bonds payable from ad valorem
136	135		taxes to finance a road project unless the issuance is approved by a
137	136		vote of a two-thirds majority of the district voters voting at an
138	137		election held for that purpose.
139	138		Sec. 8057.0402. OPERATION AND MAINTENANCE TAX. (a) If
140	139		authorized at an election held under Section 8057.0401, the
141	140		district may impose an operation and maintenance tax on taxable
142	141		property in the district in accordance with Section 49.107, Water
143	142		Code.
144	143		(b) The board shall determine the tax rate. The rate may not
145	144		exceed the rate approved at the election.
146	145		Sec. 8057.0403. CONTRACT TAXES. (a) In accordance with
147	146		Section 49.108, Water Code, the district may impose a tax other than
148	147		an operation and maintenance tax and use the revenue derived from
149	148		the tax to make payments under a contract after the provisions of
150	149		the contract have been approved by a majority of the district voters
151	150		voting at an election held for that purpose.
152	151		(b) A contract approved by the district voters may contain a
153	152		provision stating that the contract may be modified or amended by
154	153		the board without further voter approval.
155	154		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
156	155		Sec. 8057.0501. AUTHORITY TO ISSUE BONDS AND OTHER
157	156		OBLIGATIONS. The district may issue bonds or other obligations
158	157		payable wholly or partly from ad valorem taxes, impact fees,
159	158		revenue, contract payments, grants, or other district money, or any
160	159		combination of those sources, to pay for any authorized district
161	160		purpose.
162	161		Sec. 8057.0502. TAXES FOR BONDS. At the time the district
163	162		issues bonds payable wholly or partly from ad valorem taxes, the
164	163		board shall provide for the annual imposition of a continuing
165	164		direct ad valorem tax, without limit as to rate or amount, while all
166	165		or part of the bonds are outstanding as required and in the manner
167	166		provided by Sections 54.601 and 54.602, Water Code.
168	167		Sec. 8057.0503. BONDS FOR ROAD PROJECTS. At the time of
169	168		issuance, the total principal amount of bonds or other obligations
170	169		issued or incurred to finance road projects and payable from ad
171	170		valorem taxes may not exceed one-fourth of the assessed value of the
172	171		real property in the district.
173	172		SECTION 2. The Harris County Municipal Utility District
174	173		No. 569 initially includes all the territory contained in the
175	174		following area:
176	175		A metes & bounds description of a 568.86 acre tract of land in
177	176		the H. & T. C. Railroad Company Survey Section 129, Abstract 1715,
178	177		and the W. I. Williamson Survey, Abstract 1591, Harris County,
179	178		Texas, being comprised of a portion of that certain called
180	179		1,263.584 acre tract recorded under County Clerk's File Number
181	180		M959038, Official Public Records of Real Property, Harris County,
182	181		Texas, and a portion of that certain called 0.673 acre tract
183	182		recorded under County Clerk's File Number M959039, Official Public
184	183		Records of Real Property, Harris County, Texas, with all bearings
185	184		based upon the Texas Coordinate System of 1983, South Central Zone,
186	185		based upon GPS observations.
187	186		Beginning at the southeast corner of said H. & T. C. Railroad
188	187		Company Survey Section 129, Abstract 1715, same being the southwest
189	188		corner of the adjoining George Spencer Survey, Abstract 1366, the
190	189		northwest corner of the adjoining H. & T. C. Railroad Company Survey
191	190		Section 79, Abstract 464, and the northeast corner of the adjoining
192	191		J. W. McCutcheon Survey Abstract 1713, as located in the
193	192		intersection of Pitts Road and Stockdick School Road for the
194	193		southeast corner of said called 1,263.584 acre tract, and the
195	194		southeast corner and Point of Beginning of the herein described
196	195		tract;
197	196		Thence South 87 degrees 58 minutes 25 seconds West along the
198	197		south line of the herein described tract, the south line of said
199	198		called 1,263.584 acre tract, and the south line of said H. & T. C.
200	199		Railroad Company Survey Section 129, Abstract 1715, same being the
201	200		north line of said adjoining J. W. McCutcheon Survey, Abstract
202	201		1713, and the north line of the adjoining residue of a called
203	202		1,277.0358 acre tract recorded in Volume 313, Page 416, Deed
204	203		Records, Waller County, Texas, 1,915.78 feet to the intersection of
205	204		said line with the Harris-Waller County line;
206	205		Thence North 18 degrees 54 minutes 19 seconds West along the
207	206		Harris-Waller County line, 8,291.16 feet to the intersection of
208	207		said line with the north line of the aforementioned W. I. Williamson
209	208		Survey, Abstract 1591, said point being in the north line of the
210	209		aforementioned called 0.673 acre tract, and being in the south line
211	210		of the adjoining W. C. Pitts Survey, Abstract 1421, and the south
212	211		line of an adjoining called 57.3029 acre tract recorded under
213	212		County Clerk's File Number T720175, Official Public Records of Real
214	213		Property, Harris County, Texas;
215	214		Thence North 88 degrees 01 minute 17 seconds East along the
216	215		north line of the herein described tract, the north line of said
217	216		called 0.673 acre tract, and the north line of said W. I. Williamson
218	217		Survey, Abstract 1591, same being the south line of said adjoining
219	218		W. C. Pitts Survey, Abstract 1421, the south line of said adjoining
220	219		called 57.3029 acre tract, the south line of an adjoining called
221	220		28.67 acre tract recorded under County Clerk's File Number
222	221		20090481511, Official Public Records of Real Property, Harris
223	222		County, Texas, the south line of an adjoining called 28.651 acre
224	223		tract recorded under County Clerk's File Number V351108, Official
225	224		Public Records of Real Property, Harris County, Texas, the south
226	225		line of an adjoining called 10.00 acre tract recorded under County
227	226		Clerk's File Number 20150355035, Official Public Records of Real
228	227		Property, Harris County, Texas, the south line of an adjoining
229	228		called 30.00 acre tract recorded under County Clerk's File Number
230	229		20080536265, Official Public Records of Real Property, Harris
231	230		County, Texas, and the south line of an adjoining called 11.370 acre
232	231		tract recorded under County Clerk's File Number 20090481511,
233	232		Official Public Records of Real Property, Harris County, Texas,
234	233		4,330.03 feet to the northeast corner of the herein described tract
235	234		and said W. I. Williamson Survey, Abstract 1591, same being the
236	235		southeast corner of said adjoining W. C. Pitts Survey, Abstract
237	236		1421, and being in the west line of the adjoining H. & T. C. Railroad
238	237		Company Survey Section 77, Abstract 463;
239	238		Thence South 02 degrees 03 minutes 19 seconds East along the
240	239		east line of the herein described tract and said W. I. Williamson
241	240		Survey, Abstract 1591, same being the west line of said adjoining H. &
242	241		T. C. Railroad Company Survey Section 77, Abstract 463, as located
243	242		in Pitts Road, 2,633.29 feet to an angle point, said point being the
244	243		southeast corner of said W. I. Williamson Survey, Abstract 1591,
245	244		the southwest corner of said adjoining H. & T. C. Railroad Company
246	245		Survey Section 77, Abstract 463, the northwest corner of the
247	246		aforementioned adjoining George Spencer Survey, Abstract 1366, and
248	247		the northeast corner of the aforementioned H. & T. C. Railroad
249	248		Company Survey Section 129, Abstract 1715, as located in the
250	249		intersection of Pitts Road and Beckendorff Road;
251	250		Thence South 01 degree 54 minutes 10 seconds East along the
252	251		east line of the herein described tract and said H. & T. C. Railroad
253	252		Company Survey Section 129, Abstract 1715, same being the west line
254	253		of said adjoining George Spencer Survey, Abstract 1366, as located
255	254		in Pitts Road, 2,651.18 feet to an angle point;
256	255		Thence South 01 degree 58 minutes 19 seconds East continuing
257	256		along said line, 2,645.90 feet to the Point of Beginning and
258	257		containing 568.86 acres of land, more or less.
259	258		SECTION 3. (a) The legal notice of the intention to
260	259		introduce this Act, setting forth the general substance of this
261	260		Act, has been published as provided by law, and the notice and a
262	261		copy of this Act have been furnished to all persons, agencies,
263	262		officials, or entities to which they are required to be furnished
264	263		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
265	264		Government Code.
266	265		(b) The governor, one of the required recipients, has
267	266		submitted the notice and Act to the Texas Commission on
268	267		Environmental Quality.
269	268		(c) The Texas Commission on Environmental Quality has filed
270	269		its recommendations relating to this Act with the governor, the
271	270		lieutenant governor, and the speaker of the house of
272	271		representatives within the required time.
273	272		(d) All requirements of the constitution and laws of this
274	273		state and the rules and procedures of the legislature with respect
275	274		to the notice, introduction, and passage of this Act are fulfilled
276	275		and accomplished.
277	276		SECTION 4. (a) If this Act does not receive a two-thirds
278	277		vote of all the members elected to each house, Subchapter C, Chapter
279	278		8057, Special District Local Laws Code, as added by Section 1 of
280	279		this Act, is amended by adding Section 8057.0306 to read as follows:
281	280		Sec. 8057.0306. NO EMINENT DOMAIN POWER. The district may
282	281		not exercise the power of eminent domain.
283	282		(b) This section is not intended to be an expression of a
284	283		legislative interpretation of the requirements of Section 17(c),
285	284		Article I, Texas Constitution.
286	285		SECTION 5. This Act takes effect immediately if it receives
287	286		a vote of two-thirds of all the members elected to each house, as
288	287		provided by Section 39, Article III, Texas Constitution. If this
289	288		Act does not receive the vote necessary for immediate effect, this
290	289		Act takes effect September 1, 2019.