Texas 2019 - 86th Regular

Texas Senate Bill SB2523 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R20588 BRG-F
1	2		By: Bettencourt S.B. No. 2523
2		-	(In the Senate - Filed April 3, 2019; April 4, 2019, read
3		-	first time and referred to Committee on Intergovernmental
4		-	Relations; April 23, 2019, reported favorably by the following
5		-	vote: Yeas 6, Nays 0; April 23, 2019, sent to printer.)
6		-	Click here to see the committee vote
7	3
8	4
9	5		A BILL TO BE ENTITLED
10	6		AN ACT
11	7		relating to the creation of the Harris County Municipal Utility
12	8		District No. 572; granting a limited power of eminent domain;
13	9		providing authority to issue bonds; providing authority to impose
14	10		assessments, fees, and taxes.
15	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	12		SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	13		Code, is amended by adding Chapter 8026 to read as follows:
18	14		CHAPTER 8026. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 572
19	15		SUBCHAPTER A. GENERAL PROVISIONS
20	16		Sec. 8026.0101. DEFINITIONS. In this chapter:
21	17		(1) "Board" means the district's board of directors.
22	18		(2) "Commission" means the Texas Commission on
23	19		Environmental Quality.
24	20		(3) "Director" means a board member.
25	21		(4) "District" means the Harris County Municipal
26	22		Utility District No. 572.
27	23		Sec. 8026.0102. NATURE OF DISTRICT. The district is a
28	24		municipal utility district created under Section 59, Article XVI,
29	25		Texas Constitution.
30	26		Sec. 8026.0103. CONFIRMATION AND DIRECTOR ELECTION
31	27		REQUIRED. The temporary directors shall hold an election to
32	28		confirm the creation of the district and to elect five permanent
33	29		directors as provided by Section 49.102, Water Code.
34	30		Sec. 8026.0104. CONSENT OF MUNICIPALITY REQUIRED. The
35	31		temporary directors may not hold an election under Section
36	32		8026.0103 until each municipality in whose corporate limits or
37	33		extraterritorial jurisdiction the district is located has
38	34		consented by ordinance or resolution to the creation of the
39	35		district and to the inclusion of land in the district.
40	36		Sec. 8026.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
41	37		(a) The district is created to serve a public purpose and benefit.
42	38		(b) The district is created to accomplish the purposes of:
43	39		(1) a municipal utility district as provided by
44	40		general law and Section 59, Article XVI, Texas Constitution; and
45	41		(2) Section 52, Article III, Texas Constitution, that
46	42		relate to the construction, acquisition, improvement, operation,
47	43		or maintenance of macadamized, graveled, or paved roads, or
48	44		improvements, including storm drainage, in aid of those roads.
49	45		Sec. 8026.0106. INITIAL DISTRICT TERRITORY. (a) The
50	46		district is initially composed of the territory described by
51	47		Section 2 of the Act enacting this chapter.
52	48		(b) The boundaries and field notes contained in Section 2 of
53	49		the Act enacting this chapter form a closure. A mistake made in the
54	50		field notes or in copying the field notes in the legislative process
55	51		does not affect the district's:
56	52		(1) organization, existence, or validity;
57	53		(2) right to issue any type of bond for the purposes
58	54		for which the district is created or to pay the principal of and
59	55		interest on a bond;
60	56		(3) right to impose a tax; or
61	57		(4) legality or operation.
62	58		SUBCHAPTER B. BOARD OF DIRECTORS
63		-	Sec. 8026.0201. GOVERNING BODY; TERMS. (a) The district
64		-	is governed by a board of five elected directors.
	59	+	Sec. 8026.0201. GOVERNING BODY; TERMS. (a) The district is
	60	+	governed by a board of five elected directors.
65	61		(b) Except as provided by Section 8026.0202, directors
66	62		serve staggered four-year terms.
67	63		Sec. 8026.0202. TEMPORARY DIRECTORS. (a) The temporary
68	64		board consists of:
69	65		(1) Steve Habachy;
70	66		(2) John Linker;
71	67		(3) Mark Ramos;
72	68		(4) Jonathan Sanders; and
73	69		(5) Chris Barnes.
74	70		(b) Temporary directors serve until the earlier of:
75	71		(1) the date permanent directors are elected under
76	72		Section 8026.0103; or
77	73		(2) the fourth anniversary of the effective date of
78	74		the Act enacting this chapter.
79	75		(c) If permanent directors have not been elected under
80	76		Section 8026.0103 and the terms of the temporary directors have
81	77		expired, successor temporary directors shall be appointed or
82	78		reappointed as provided by Subsection (d) to serve terms that
83	79		expire on the earlier of:
84	80		(1) the date permanent directors are elected under
85	81		Section 8026.0103; or
86	82		(2) the fourth anniversary of the date of the
87	83		appointment or reappointment.
88	84		(d) If Subsection (c) applies, the owner or owners of a
89	85		majority of the assessed value of the real property in the district
90	86		may submit a petition to the commission requesting that the
91	87		commission appoint as successor temporary directors the five
92	88		persons named in the petition. The commission shall appoint as
93	89		successor temporary directors the five persons named in the
94	90		petition.
95	91		SUBCHAPTER C. POWERS AND DUTIES
96	92		Sec. 8026.0301. GENERAL POWERS AND DUTIES. The district
97	93		has the powers and duties necessary to accomplish the purposes for
98	94		which the district is created.
99	95		Sec. 8026.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
100	96		DUTIES. The district has the powers and duties provided by the
101	97		general law of this state, including Chapters 49 and 54, Water Code,
102	98		applicable to municipal utility districts created under Section 59,
103	99		Article XVI, Texas Constitution.
104	100		Sec. 8026.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
105	101		52, Article III, Texas Constitution, the district may design,
106	102		acquire, construct, finance, issue bonds for, improve, operate,
107	103		maintain, and convey to this state, a county, or a municipality for
108	104		operation and maintenance macadamized, graveled, or paved roads, or
109	105		improvements, including storm drainage, in aid of those roads.
110	106		Sec. 8026.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
111	107		road project must meet all applicable construction standards,
112	108		zoning and subdivision requirements, and regulations of each
113	109		municipality in whose corporate limits or extraterritorial
114	110		jurisdiction the road project is located.
115	111		(b) If a road project is not located in the corporate limits
116	112		or extraterritorial jurisdiction of a municipality, the road
117	113		project must meet all applicable construction standards,
118	114		subdivision requirements, and regulations of each county in which
119	115		the road project is located.
120	116		(c) If the state will maintain and operate the road, the
121	117		Texas Transportation Commission must approve the plans and
122	118		specifications of the road project.
123	119		Sec. 8026.0305. COMPLIANCE WITH MUNICIPAL CONSENT
124	120		ORDINANCE OR RESOLUTION. The district shall comply with all
125	121		applicable requirements of any ordinance or resolution that is
126	122		adopted under Section 54.016 or 54.0165, Water Code, and that
127	123		consents to the creation of the district or to the inclusion of land
128	124		in the district.
129	125		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
130		-	Sec. 8026.0401. ELECTIONS REGARDING TAXES OR BONDS.
131		-	~~(a)~~ The district may issue, without an election, bonds and other
	126	+	Sec. 8026.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
	127	+	The district may issue, without an election, bonds and other
132	128		obligations secured by:
133	129		(1) revenue other than ad valorem taxes; or
134	130		(2) contract payments described by Section 8026.0403.
135	131		(b) The district must hold an election in the manner
136	132		provided by Chapters 49 and 54, Water Code, to obtain voter approval
137	133		before the district may impose an ad valorem tax or issue bonds
138	134		payable from ad valorem taxes.
139	135		(c) The district may not issue bonds payable from ad valorem
140	136		taxes to finance a road project unless the issuance is approved by a
141	137		vote of a two-thirds majority of the district voters voting at an
142	138		election held for that purpose.
143	139		Sec. 8026.0402. OPERATION AND MAINTENANCE TAX. (a) If
144	140		authorized at an election held under Section 8026.0401, the
145	141		district may impose an operation and maintenance tax on taxable
146	142		property in the district in accordance with Section 49.107, Water
147	143		Code.
148	144		(b) The board shall determine the tax rate. The rate may not
149	145		exceed the rate approved at the election.
150	146		Sec. 8026.0403. CONTRACT TAXES. (a) In accordance with
151	147		Section 49.108, Water Code, the district may impose a tax other than
152	148		an operation and maintenance tax and use the revenue derived from
153	149		the tax to make payments under a contract after the provisions of
154	150		the contract have been approved by a majority of the district voters
155	151		voting at an election held for that purpose.
156	152		(b) A contract approved by the district voters may contain a
157	153		provision stating that the contract may be modified or amended by
158	154		the board without further voter approval.
159	155		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
160	156		Sec. 8026.0501. AUTHORITY TO ISSUE BONDS AND OTHER
161	157		OBLIGATIONS. The district may issue bonds or other obligations
162	158		payable wholly or partly from ad valorem taxes, impact fees,
163	159		revenue, contract payments, grants, or other district money, or any
164	160		combination of those sources, to pay for any authorized district
165	161		purpose.
166	162		Sec. 8026.0502. TAXES FOR BONDS. At the time the district
167	163		issues bonds payable wholly or partly from ad valorem taxes, the
168	164		board shall provide for the annual imposition of a continuing
169	165		direct ad valorem tax, without limit as to rate or amount, while all
170	166		or part of the bonds are outstanding as required and in the manner
171	167		provided by Sections 54.601 and 54.602, Water Code.
172	168		Sec. 8026.0503. BONDS FOR ROAD PROJECTS. At the time of
173	169		issuance, the total principal amount of bonds or other obligations
174	170		issued or incurred to finance road projects and payable from ad
175	171		valorem taxes may not exceed one-fourth of the assessed value of the
176	172		real property in the district.
177	173		SECTION 2. The Harris County Municipal Utility District
178	174		No. 572 initially includes all the territory contained in the
179	175		following area:
180	176		Being 54.749 acres of land, in the William Hurd Survey, A-376
181	177		and the F. Benignus Survey, A-1463, Harris County, Texas, being a
182	178		portion of PARKSIDE GRAND PARKWAY RESERVE, according to the plat
183	179		thereof recorded under Film Code Number 683283 in the Map Records of
184	180		Harris County, Texas, and being more particularly described by
185	181		metes and bounds as follows: (All bearings based on the Texas
186	182		Coordinate System of 1983, South Central Zone)
187	183		COMMENCING at a 5/8 inch iron rod with cap stamped "Rods
188	184		Surveying Inc." found for the northwest corner of said PARKSIDE
189	185		GRAND PARKWAY RESERVE and being the northwest corner of a 0.2941
190	186		acre tract dedicated to the public for right-of-way purposes as
191	187		shown on said plat of PARKSIDE GRAND PARKWAY RESERVE;
192	188		THENCE North 87° 26' 12" East - 20.00 feet, with the north line
193	189		of said PARKSIDE GRAND PARKWAY RESERVE and said 0.2941 acre tract,
194	190		to a 5/8-inch iron rod with "IDS" cap set for the northwest corner
195	191		and POINT OF BEGINNING of the herein described tract and being the
196	192		northeast corner of said 0.2941 acre tract;
197	193		THENCE North 87° 26' 12" East - 1645.07 feet, with the north
198	194		line of the herein described tract and the south line of the 15.668
199	195		acre tract described in the deed from Roy H. Barrett to Premier
200	196		Baseball Real Estate recorded in File Number 20120587605 in the
201	197		Official Public Records of Real Property of Harris County, Texas,
202	198		to a 5/8-inch iron rod with cap stamped "IDS" found for the
203	199		northeast corner of the herein described tract, in the west line of
204	200		the 3.11 acre tract described in the deeds from Judith Mullen as
205	201		Executrix for the Estate Of John W. Mullen to Lillian Jaeger Hall
206	202		(1/2 Interest) recorded in File Number V164309 in the Official
207	203		Public Records of Real Property of Harris County, Texas and the deed
208	204		from Paul Fehrle to Lawrence Lind and Michael Fitzmaurice (1/2
209	205		Interest) recorded in File Number G130286 in the Official Public
210	206		Records of Real Property of Harris County, Texas;
211	207		THENCE South 02° 31' 19" East - 1581.42 feet, with the west
212	208		line of said 3.11 acre tract, to a 5/8-inch iron rod with cap
213	209		stamped "IDS" found for the southeast corner of the herein
214	210		described tract and being the northeast corner of the residue of a
215	211		called 111.8154 acre tract described in the deed from HSIEN DAO
216	212		CHANG, TRUSTEE to ROSEHILL PROPERTIES, LLC recorded in File Number
217	213		RP-2017-430616 in the Official Public Records of Real Property of
218	214		Harris County, Texas;
219	215		THENCE South 88° 19' 57" West - 627.31 feet, with the line
220	216		common to the herein described tract and said residue tract, to a
221	217		5/8-inch iron rod with cap stamped "IDS" found for an angle point on
222	218		the north right-of-way line of State Highway 99 Grand Parkway
223	219		(R.O.W. Varies);
224	220		THENCE with northerly lines of said State Highway 99 the
225	221		following courses and distances:
226	222		North 13° 27' 48" East - 56.51 feet to a TXDOT monument
227	223		found for the beginning of a non-tangent curve to the right; in a
228	224		westerly direction, with said curve to the right, having a central
229	225		angle of 00° 58' 17", a chord bearing and distance of North 76° 06'
230	226		03" West - 188.67 feet, a radius of 11127.71 feet, and an arc
231	227		distance of 188.67 feet to a TXDOT monument found for the end of
232	228		curve;
233	229		North 75° 36' 54" West - 958.09 feet, to a 5/8-inch iron
234	230		rod with cap stamped "IDS" set for the southwest corner of the
235	231		herein described tract, at the northeast intersection of said State
236	232		Highway 99 Grand Parkway and Cypress-Rosehill Road (width varies);
237	233		THENCE with the east right-of-way line of said
238	234		Cypress-Rosehill Road the following courses and distances:
239	235		North 02° 28' 33" East - 108.79 feet, to a 5/8-inch iron
240	236		rod with cap stamped "MILLER" found for an angle corner;
241	237		North 11° 10' 09" East - 71.87 feet, to a TXDOT monument
242	238		found for the beginning of a curve to the left; in a northerly
243	239		direction, with said curve to the left, having a central angle of
244	240		17° 10' 54", a chord bearing and distance of North 06° 07' 34" East -
245	241		253.91 feet, a radius of 849.89 feet, and an arc distance of 254.86
246	242		feet to a PK nail with washer stamped "IDS" set for the end of curve;
247	243		North 02° 27' 53" West - 138.89 feet, to a 5/8-inch iron
248	244		rod with cap stamped "IDS" found for the southeast corner of said
249	245		0.2941 acre tract, from which a found TXDOT monument, bears South
250	246		87° 32' 07" West - 21.57 feet;
251	247		North 02° 34' 19" West - 616.47 feet, to the POINT OF
252	248		BEGINNING of the herein described tract and containing 54.749 acres
253	249		of land.
254	250		SECTION 3. (a) The legal notice of the intention to
255	251		introduce this Act, setting forth the general substance of this
256	252		Act, has been published as provided by law, and the notice and a
257	253		copy of this Act have been furnished to all persons, agencies,
258	254		officials, or entities to which they are required to be furnished
259	255		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
260	256		Government Code.
261	257		(b) The governor, one of the required recipients, has
262	258		submitted the notice and Act to the Texas Commission on
263	259		Environmental Quality.
264	260		(c) The Texas Commission on Environmental Quality has filed
265	261		its recommendations relating to this Act with the governor, the
266	262		lieutenant governor, and the speaker of the house of
267	263		representatives within the required time.
268	264		(d) All requirements of the constitution and laws of this
269	265		state and the rules and procedures of the legislature with respect
270	266		to the notice, introduction, and passage of this Act are fulfilled
271	267		and accomplished.
272	268		SECTION 4. (a) If this Act does not receive a two-thirds
273	269		vote of all the members elected to each house, Subchapter C, Chapter
274	270		8026, Special District Local Laws Code, as added by Section 1 of
275	271		this Act, is amended by adding Section 8026.0306 to read as follows:
276	272		Sec. 8026.0306. NO EMINENT DOMAIN POWER. The district may
277	273		not exercise the power of eminent domain.
278	274		(b) This section is not intended to be an expression of a
279	275		legislative interpretation of the requirements of Section 17(c),
280	276		Article I, Texas Constitution.
281	277		SECTION 5. This Act takes effect immediately if it receives
282	278		a vote of two-thirds of all the members elected to each house, as
283	279		provided by Section 39, Article III, Texas Constitution. If this
284	280		Act does not receive the vote necessary for immediate effect, this
285	281		Act takes effect September 1, 2019.
286		-	* * * * *