Texas 2021 - 87th Regular

Texas House Bill HB2606 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~87R15952~~ ANG-F
	1	+	87R7784 ANG-F
2	2		By: Perez H.B. No. 2606
3		-	Substitute the following for H.B. No. 2606:
4		-	By: Biedermann C.S.H.B. No. 2606
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the creation of the Harris County Municipal Utility
10	8		District No. 578; granting a limited power of eminent domain;
11	9		providing authority to issue bonds; providing authority to impose
12	10		assessments, fees, and taxes.
13	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	12		SECTION 1. Subtitle F, Title 6, Special District Local Laws
15	13		Code, is amended by adding Chapter 7914A to read as follows:
16	14		CHAPTER 7914A. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 578
17	15		SUBCHAPTER A. GENERAL PROVISIONS
18	16		Sec. 7914A.0101. DEFINITIONS. In this chapter:
19	17		(1) "Board" means the district's board of directors.
20	18		(2) "Commission" means the Texas Commission on
21	19		Environmental Quality.
22	20		(3) "Director" means a board member.
23	21		(4) "District" means the Harris County Municipal
24	22		Utility District No. 578.
25	23		Sec. 7914A.0102. NATURE OF DISTRICT. The district is a
26	24		municipal utility district created under Section 59, Article XVI,
27	25		Texas Constitution.
28	26		Sec. 7914A.0103. CONFIRMATION AND DIRECTOR ELECTION
29	27		REQUIRED. The temporary directors shall hold an election to
30	28		confirm the creation of the district and to elect five permanent
31	29		directors as provided by Section 49.102, Water Code.
32	30		Sec. 7914A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
33	31		temporary directors may not hold an election under Section
34	32		7914A.0103 until each municipality in whose corporate limits or
35	33		extraterritorial jurisdiction the district is located has
36	34		consented by ordinance or resolution to the creation of the
37	35		district and to the inclusion of land in the district.
38	36		Sec. 7914A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
39	37		(a) The district is created to serve a public purpose and benefit.
40	38		(b) The district is created to accomplish the purposes of:
41	39		(1) a municipal utility district as provided by
42	40		general law and Section 59, Article XVI, Texas Constitution; and
43	41		(2) Section 52, Article III, Texas Constitution, that
44	42		relate to the construction, acquisition, improvement, operation,
45	43		or maintenance of macadamized, graveled, or paved roads, or
46	44		improvements, including storm drainage, in aid of those roads.
47	45		Sec. 7914A.0106. INITIAL DISTRICT TERRITORY. (a) The
48	46		district is initially composed of the territory described by
49	47		Section 2 of the Act enacting this chapter.
50	48		(b) The boundaries and field notes contained in Section 2 of
51	49		the Act enacting this chapter form a closure. A mistake made in the
52	50		field notes or in copying the field notes in the legislative process
53	51		does not affect the district's:
54	52		(1) organization, existence, or validity;
55	53		(2) right to issue any type of bond for the purposes
56	54		for which the district is created or to pay the principal of and
57	55		interest on a bond;
58	56		(3) right to impose a tax; or
59	57		(4) legality or operation.
60	58		SUBCHAPTER B. BOARD OF DIRECTORS
61	59		Sec. 7914A.0201. GOVERNING BODY; TERMS. (a) The district
62	60		is governed by a board of five elected directors.
63	61		(b) Except as provided by Section 7914A.0202, directors
64	62		serve staggered four-year terms.
65	63		Sec. 7914A.0202. TEMPORARY DIRECTORS. (a) The temporary
66	64		board consists of:
67	65		(1) Sam Cocke;
68	66		(2) Lauren Brigance;
69	67		(3) Alissa Payne;
70	68		(4) Christopher Townsend; and
71	69		(5) Terry O'Kelley.
72	70		(b) Temporary directors serve until the earlier of:
73	71		(1) the date permanent directors are elected under
74	72		Section 7914A.0103; or
75	73		(2) the fourth anniversary of the effective date of
76	74		the Act enacting this chapter.
77	75		(c) If permanent directors have not been elected under
78	76		Section 7914A.0103 and the terms of the temporary directors have
79	77		expired, successor temporary directors shall be appointed or
80	78		reappointed as provided by Subsection (d) to serve terms that
81	79		expire on the earlier of:
82	80		(1) the date permanent directors are elected under
83	81		Section 7914A.0103; or
84	82		(2) the fourth anniversary of the date of the
85	83		appointment or reappointment.
86	84		(d) If Subsection (c) applies, the owner or owners of a
87	85		majority of the assessed value of the real property in the district
88	86		may submit a petition to the commission requesting that the
89	87		commission appoint as successor temporary directors the five
90	88		persons named in the petition. The commission shall appoint as
91	89		successor temporary directors the five persons named in the
92	90		petition.
93	91		SUBCHAPTER C. POWERS AND DUTIES
94	92		Sec. 7914A.0301. GENERAL POWERS AND DUTIES. The district
95	93		has the powers and duties necessary to accomplish the purposes for
96	94		which the district is created.
97	95		Sec. 7914A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
98	96		DUTIES. The district has the powers and duties provided by the
99	97		general law of this state, including Chapters 49 and 54, Water Code,
100	98		applicable to municipal utility districts created under Section 59,
101	99		Article XVI, Texas Constitution.
102	100		Sec. 7914A.0303. AUTHORITY FOR ROAD PROJECTS. Under
103	101		Section 52, Article III, Texas Constitution, the district may
104	102		design, acquire, construct, finance, issue bonds for, improve,
105	103		operate, maintain, and convey to this state, a county, or a
106	104		municipality for operation and maintenance macadamized, graveled,
107	105		or paved roads, or improvements, including storm drainage, in aid
108	106		of those roads.
109	107		Sec. 7914A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
110	108		road project must meet all applicable construction standards,
111	109		zoning and subdivision requirements, and regulations of each
112		-	municipality in whose corporate limits the road project is located.
	110	+	municipality in whose corporate limits or extraterritorial
	111	+	jurisdiction the road project is located.
113	112		(b) If a road project is not located in the corporate limits
114		-	of a municipality, the road project must meet all applicable
115		-	construction standards, subdivision requirements, and regulations
116		-	of each county in which the road project is located.
117		-	(c) If a road project extends across the boundary of the
118		-	corporate limits of a municipality, the road project must meet:
119		-	(1) for a segment of a road project located in a
120		-	municipality, the applicable construction standards, subdivision
121		-	requirements, and regulations of that municipality; and
122		-	(2) for a segment of a road project located in the
123		-	unincorporated area of a county, the applicable construction
124		-	standards, subdivision requirements, and regulations of that
125		-	county.
126		-	(d) If the state will maintain and operate the road, the
	113	+	or extraterritorial jurisdiction of a municipality, the road
	114	+	project must meet all applicable construction standards,
	115	+	subdivision requirements, and regulations of each county in which
	116	+	the road project is located.
	117	+	(c) If the state will maintain and operate the road, the
127	118		Texas Transportation Commission must approve the plans and
128	119		specifications of the road project.
129	120		Sec. 7914A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
130	121		ORDINANCE OR RESOLUTION. The district shall comply with all
131	122		applicable requirements of any ordinance or resolution that is
132	123		adopted under Section 54.016 or 54.0165, Water Code, and that
133	124		consents to the creation of the district or to the inclusion of land
134	125		in the district.
135	126		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
136	127		Sec. 7914A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
137	128		The district may issue, without an election, bonds and other
138	129		obligations secured by:
139	130		(1) revenue other than ad valorem taxes; or
140	131		(2) contract payments described by Section
141	132		7914A.0403.
142	133		(b) The district must hold an election in the manner
143	134		provided by Chapters 49 and 54, Water Code, to obtain voter approval
144	135		before the district may impose an ad valorem tax or issue bonds
145	136		payable from ad valorem taxes.
146	137		(c) The district may not issue bonds payable from ad valorem
147	138		taxes to finance a road project unless the issuance is approved by a
148	139		vote of a two-thirds majority of the district voters voting at an
149	140		election held for that purpose.
150	141		Sec. 7914A.0402. OPERATION AND MAINTENANCE TAX. (a) If
151	142		authorized at an election held under Section 7914A.0401, the
152	143		district may impose an operation and maintenance tax on taxable
153	144		property in the district in accordance with Section 49.107, Water
154	145		Code.
155	146		(b) The board shall determine the tax rate. The rate may not
156	147		exceed the rate approved at the election.
157	148		Sec. 7914A.0403. CONTRACT TAXES. (a) In accordance with
158	149		Section 49.108, Water Code, the district may impose a tax other than
159	150		an operation and maintenance tax and use the revenue derived from
160	151		the tax to make payments under a contract after the provisions of
161	152		the contract have been approved by a majority of the district voters
162	153		voting at an election held for that purpose.
163	154		(b) A contract approved by the district voters may contain a
164	155		provision stating that the contract may be modified or amended by
165	156		the board without further voter approval.
166	157		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
167	158		Sec. 7914A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
168	159		OBLIGATIONS. The district may issue bonds or other obligations
169	160		payable wholly or partly from ad valorem taxes, impact fees,
170	161		revenue, contract payments, grants, or other district money, or any
171	162		combination of those sources, to pay for any authorized district
172	163		purpose.
173	164		Sec. 7914A.0502. TAXES FOR BONDS. At the time the district
174	165		issues bonds payable wholly or partly from ad valorem taxes, the
175	166		board shall provide for the annual imposition of a continuing
176	167		direct ad valorem tax, without limit as to rate or amount, while all
177	168		or part of the bonds are outstanding as required and in the manner
178	169		provided by Sections 54.601 and 54.602, Water Code.
179	170		Sec. 7914A.0503. BONDS FOR ROAD PROJECTS. At the time of
180	171		issuance, the total principal amount of bonds or other obligations
181	172		issued or incurred to finance road projects and payable from ad
182	173		valorem taxes may not exceed one-fourth of the assessed value of the
183	174		real property in the district.
184	175		SECTION 2. The Harris County Municipal Utility District No.
185	176		578 initially includes all the territory contained in the following
186	177		area:
187	178		Being 143.34 acres of land located in the Humphrey Jackson
188	179		Survey, Abstract 37, Harris County, Texas, Said 143.34 acre tract
189	180		being the remainder of that certain called 175.61 acre tract,
190	181		conveyed to Rampart Holding LP, by an instrument of record under
191	182		File Number Y254152, of the Official Public Records of Real
192	183		Property of said Harris County (H.C.O.P.R.R.P.); said 143.34 acre
193	184		tract being more particularly described by metes and bounds as
194	185		follows with all bearings referenced to the Texas Coordinate
195	186		System, South Central Zone, NAD 83 (NA2011);
196	187		BEGINNING at a 1/2-inch iron rod, found for the Northeast
197	188		corner of that certain called 32.272 acre tract conveyed to
198	189		Stonebridge at Newport, Inc by an instrument of record under File
199	190		Number RP-2016-30087, H.C.O.P.R.R.P.; same being on the south
200	191		right-of-way line of Diamondhead Boulevard (100' wide), as shown on
201	192		Newport Section 2, a subdivision of record in Volume 195, Page 35 of
202	193		the Map Records of said Harris County, Texas (H.C.M.R.), common
203	194		with the north line of said 175.61-acre tract, the beginning of a
204	195		curve;
205	196		Thence, 683.85 feet with said common line, along the arc of a
206	197		non-tangent curve to the left, having a radius of 2,050.00 feet, a
207	198		central angle of 19° 06' 47", and a chord which bears North 83° 44'
208	199		23" East, 680.68 feet to a point for corner;
209	200		Thence, North 74° 10' 59" East, continuing along said common
210	201		line, 614.03 feet to a point for corner, the beginning of a curve;
211	202		Thence, departing the south right-of-way line of said
212	203		Diamondhead Boulevard, along the east, south and west lines of said
213	204		175.61-acre tract the following seven (7) courses:
214	205		1. 953.50 feet along the arc of a non-tangent curve to the
215	206		right, having a radius of 1200.00 feet, a central angle
216	207		of 45° 31' 34", and a chord which bears South 09° 25' 13"
217	208		West, 928.61 feet to a point for corner;
218	209		2. South 32° 11' 00" West, 140.56 feet to a point for corner,
219	210		the beginning of a curve;
220	211		3. 441.82 feet along the arc of a tangent curve to the left,
221	212		having a radius of 2100.00 feet, a central angle of 12°
222	213		03' 16", and a chord which bears South 26° 09' 21" West,
223	214		441.01 feet to a point for corner;
224	215		4. South 20° 07' 44" West, 509.92 feet to a point for corner,
225	216		the beginning of a curve;
226	217		5. 367.37 feet along the arc of a tangent curve to the left,
227	218		having a radius of 2100.00 feet, a central angle of 10°
228	219		01' 24", and a chord which bears South 15° 07' 02" West,
229	220		366.90 feet to a point for corner;
230	221		6. South 88° 20' 45" West, 2983.90 feet to a point for
231	222		corner;
232	223		7. North 01° 33' 15" West, 2308.16 feet to a point for corner
233	224		in the south right-of-way line of the aforementioned
234	225		Diamondhead Boulevard, the beginning of a curve;
235	226		Thence, along the south right-of-way line of said Diamondhead
236	227		Boulevard, same being the north line of the aforementioned
237	228		175.61-acre tract the following five (5) courses:
238	229		1. 307.04 feet along the arc of a non-tangent curve to the
239	230		left, having a radius of 2,050.00 feet, a central angle
240	231		of 08° 34' 53", and a chord which bears North 78° 39' 01"
241	232		East, 306.75 feet to a point for corner;
242	233		2. North 74° 21' 35" East, 100.00 feet to a point for corner,
243	234		the beginning of a curve;
244	235		3. 1,320.66 feet along the arc of a tangent curve to the
245	236		right, having a radius of 1,950.00 feet, a central angle
246	237		of 38° 48' 15", and a chord which bears South 86° 14' 18"
247	238		East, 1,295.56 feet to a point for corner;
248	239		4. South 66° 50' 10" East, 100.00 feet to a point for corner,
249	240		the beginning of a curve;
250	241		5. 405.52 feet along the arc of a tangent curve to the left,
251	242		having a radius of 2,050.00 feet, a central angle of 11°
252	243		20' 02", and a chord which bears South 72° 30' 11" East,
253	244		404.86 feet to a 1/2-inch iron rod found for the
254	245		northwest corner of the aforementioned 32.272-acre
255	246		tract;
256	247		Thence, along the interior and exterior lines of the
257	248		aforementioned 32.272-acre tract the following the fifty-five (55)
258	249		courses:
259	250		1. South 23° 24' 08" West, 98.33 feet to a point for corner;
260	251		2. South 40° 32' 00" West, 518.07 feet to a point for corner,
261	252		the beginning of a curve;
262	253		3. 95.27 feet along the arc of a non-tangent curve to the
263	254		left, having a radius of 280.00 feet, a central angle of
264	255		19° 29' 42", and a chord which bears South 27° 25' 38"
265	256		East, 94.81 feet to a point for corner;
266	257		4. South 52° 49' 33" West, 152.91 feet to a 1/2-inch iron rod
267	258		found for corner;
268	259		5. South 87° 00' 20" West, passing at 116.70 feet, a found
269	260		5/8-inch iron rod with cap stamped "LJA ENG", continuing
270	261		for a total distance of 570.80 feet to a 1/2-inch iron
271	262		rod found for corner;
272	263		6. North 83° 00' 00" West, 730.02 feet to a 1/2-inch iron rod
273	264		found for corner;
274	265		7. South 12° 20' 00" West, 186.03 feet to a 1/2-inch iron rod
275	266		(bent) found for corner, the beginning of a curve;
276	267		8. 59.67 feet along the arc of a tangent curve to the left,
277	268		having a radius of 970.00 feet, a central angle of 03° 31'
278	269		28", and a chord which bears South 10° 34' 16" West, 59.66
279	270		feet to a 1/2-inch iron rod (bent) found for corner;
280	271		9. South 80° 00' 00" East, 80.00 feet to a 1/2-inch iron rod
281	272		found for corner;
282	273		10. South 03° 43' 00" West, 129.96 feet to a 1/2-inch iron rod
283	274		found for corner;
284	275		11. South 86° 17' 00" East, 20.59 feet to a 1/2-inch iron rod
285	276		found for corner, the beginning of a curve;
286	277		12. 18.14 feet along the arc of a non-tangent curve to the
287	278		right, having a radius of 1,130.00 feet, a central angle
288	279		of 00° 55' 12", and a chord which bears South 85° 58' 31"
289	280		East, 18.14 feet to a 1/2-inch iron rod found for corner;
290	281		13. North 04° 38' 12" East, 125.55 feet to a 1/2-inch iron rod
291	282		found for corner;
292	283		14. South 79° 58' 22" East, 560.67 feet to a 1/2-inch iron rod
293	284		found for corner;
294	285		15. North 83° 19' 11" East, 143.74 feet to a point for corner;
295	286		16. North 69° 10' 00" East, 422.60 feet to a point for corner;
296	287		17. North 71° 58' 11" East, passing at 84.38 feet a found
297	288		5/8-inch iron rod with cap stamped, "LJA ENG", at 313.60
298	289		feet found 5/8-inch iron rod with cap stamped, "LJA ENG",
299	290		continuing for a total distance of 414.60 feet to a point
300	291		for corner;
301	292		18. North 23° 54' 00" East, 407.00 feet to a 1/2-inch iron rod
302	293		found for corner;
303	294		19. North 84° 00' 00" East, 182.00 feet to a 1/2-inch iron rod
304	295		found for corner;
305	296		20. South 30° 38' 00" East, 207.00 feet to a 1/2-inch iron rod
306	297		found for corner;
307	298		21. South 24° 57' 00" East, 280.96 feet to a 1/2-inch iron rod
308	299		found for corner;
309	300		22. South 20° 00' 00" East, 800.67 feet to a point for corner;
310	301		23. South 33° 18' 00" West, 130.55 feet to a point for corner;
311	302		24. North 72° 34' 14" West, 164.95 feet to a point for corner;
312	303		25. North 69° 28' 00" West, passing at 680.61 feet a found
313	304		5/8-inch iron rod with cap stamped, "LJA ENG",
314	305		continuing for a total distance of 442.12 feet to a
315	306		1/2-inch iron rod found for corner;
316	307		26. South 16° 00' 00" West, 19.60 feet to a 1/2-inch iron rod
317	308		found for corner;
318	309		27. North 74° 00' 00" West, 60.00 feet to a point for corner;
319	310		28. North 63° 29' 54" West, 159.72 feet to a 5/8-inch iron rod
320	311		with cap stamped, "LJA ENG" found for corner;
321	312		29. North 87° 37' 27" West, 991.57 feet to a point for corner,
322	313		from which a found 1/2-inch iron rod bears South 65° 25'
323	314		50" West, 3.16 feet;
324	315		30. North 80° 00' 00" West, 457.09 feet to a 1/2-inch iron rod
325	316		found for corner;
326	317		31. North 86° 20' 00" West, 71.88 feet to a 1/2-inch iron rod
327	318		found for corner;
328	319		32. North 03° 31' 41" East, 122.80 feet to a 1/2-inch iron rod
329	320		found for corner, the beginning of a curve;
330	321		33. 5.99 feet along the arc of a non-tangent curve to the
331	322		left, having a radius of 1,070.00 feet, a central angle
332	323		of 00° 19' 15", and a chord which bears North 85° 42' 50"
333	324		West, 5.99 feet to a point for corner;
334	325		34. North 85° 52' 28" West, 24.01 feet to a 1/2-inch iron rod
335	326		found for corner;
336	327		35. South 03° 31' 41" West, 123.05 feet to a 1/2-inch iron rod
337	328		found for corner;
338	329		36. North 82° 48' 31" West, 212.69 feet to a 1/2-inch iron rod
339	330		with cap stamped "CEI 5127" found for corner;
340	331		37. South 88° 56' 00" West, 84.42 feet to a 1/2-inch iron rod
341	332		with cap stamped "CEI 5127" found for corner;
342	333		38. South 00° 40' 45" West, 56.19 feet to a 1/2-inch iron rod
343	334		with cap stamped "CEI 5127" found for corner;
344	335		39. South 76° 40' 00" East, 297.72 feet to a 1/2-inch iron rod
345	336		found corner;
346	337		40. South 68° 04' 14" East, 575.03 feet to a 1/2-inch iron rod
347	338		(bent) found corner;
348	339		41. South 84° 45' 58" East, 672.07 feet to a 1/2-inch iron rod
349	340		with cap stamped "CEI 3438" found for corner;
350	341		42. South 77° 59' 50" East, 314.70 feet to a 1/2-inch iron rod
351	342		with cap stamped "CEI 5127" found for corner;
352	343		43. South 87° 18' 47" East, 487.09 feet to a 1/2-inch iron rod
353	344		found for corner;
354	345		44. South 66° 32' 04" East, 349.78 feet to a point for corner;
355	346		45. South 86° 35' 17" East, 193.19 feet to a point for corner;
356	347		46. North 44° 36' 00" East, 41.91 feet to a point for corner;
357	348		47. North 07° 48' 02" West, 391.41 feet to a point for corner;
358	349		48. North 09° 10' 00" West, 438.39 feet to a point for corner;
359	350		49. North 04° 20' 00" West, 284.56 feet to a point for corner;
360	351		50. North 15° 39' 28" West, 137.52 feet to a point for corner;
361	352		51. North 33° 08' 00" West, 242.74 feet to a point for corner;
362	353		52. North 27° 18' 00" West, 95.00 feet to a point for corner;
363	354		53. North 00° 18' 00" West, 53.22 feet to a point for corner;
364	355		54. South 89° 42' 00" West, 44.24 feet to a point for corner;
365	356		55. North 32° 10' 53" West, 159.95 feet to the POINT OF
366	357		BEGINNING and containing 143.34 acres of land.
367	358		SECTION 3. (a) The legal notice of the intention to
368	359		introduce this Act, setting forth the general substance of this
369	360		Act, has been published as provided by law, and the notice and a
370	361		copy of this Act have been furnished to all persons, agencies,
371	362		officials, or entities to which they are required to be furnished
372	363		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
373	364		Government Code.
374	365		(b) The governor, one of the required recipients, has
375	366		submitted the notice and Act to the Texas Commission on
376	367		Environmental Quality.
377	368		(c) The Texas Commission on Environmental Quality has filed
378	369		its recommendations relating to this Act with the governor, the
379	370		lieutenant governor, and the speaker of the house of
380	371		representatives within the required time.
381	372		(d) All requirements of the constitution and laws of this
382	373		state and the rules and procedures of the legislature with respect
383	374		to the notice, introduction, and passage of this Act are fulfilled
384	375		and accomplished.
385	376		SECTION 4. (a) If this Act does not receive a two-thirds
386	377		vote of all the members elected to each house, Subchapter C, Chapter
387	378		7914A, Special District Local Laws Code, as added by Section 1 of
388	379		this Act, is amended by adding Section 7914A.0306 to read as
389	380		follows:
390	381		Sec. 7914A.0306. NO EMINENT DOMAIN POWER. The district may
391	382		not exercise the power of eminent domain.
392	383		(b) This section is not intended to be an expression of a
393	384		legislative interpretation of the requirements of Section 17(c),
394	385		Article I, Texas Constitution.
395	386		SECTION 5. This Act takes effect immediately if it receives
396	387		a vote of two-thirds of all the members elected to each house, as
397	388		provided by Section 39, Article III, Texas Constitution. If this
398	389		Act does not receive the vote necessary for immediate effect, this
399	390		Act takes effect September 1, 2021.