Texas 2021 - 87th Regular

Texas House Bill HB3140 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3140
	1	+	By: Bell of Montgomery, Oliverson H.B. No. 3140
	2	+	(Senate Sponsor - Kolkhorst)
	3	+	(In the Senate - Received from the House May 17, 2021;
	4	+	May 17, 2021, read first time and referred to Committee on Local
	5	+	Government; May 22, 2021, reported adversely, with favorable
	6	+	Committee Substitute by the following vote: Yeas 7, Nays 0;
	7	+	May 22, 2021, sent to printer.)
	8	+	Click here to see the committee vote
	9	+	COMMITTEE SUBSTITUTE FOR H.B. No. 3140 By: Hall
2	10
3	11
	12	+	A BILL TO BE ENTITLED
4	13		AN ACT
5	14		relating to the creation of the Harris-Waller Counties Municipal
6	15		Utility District No. 7; granting a limited power of eminent domain;
7	16		providing authority to issue bonds; providing authority to impose
8	17		assessments, fees, and taxes.
9	18		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	19		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	20		Code, is amended by adding Chapter 7903A to read as follows:
12	21		CHAPTER 7903A. HARRIS-WALLER COUNTIES MUNICIPAL UTILITY DISTRICT
13	22		NO. 7
14	23		SUBCHAPTER A. GENERAL PROVISIONS
15	24		Sec. 7903A.0101. DEFINITIONS. In this chapter:
16	25		(1) "Board" means the district's board of directors.
17	26		(2) "Commission" means the Texas Commission on
18	27		Environmental Quality.
19	28		(3) "Director" means a board member.
20	29		(4) "District" means the Harris-Waller Counties
21	30		Municipal Utility District No. 7.
22	31		Sec. 7903A.0102. NATURE OF DISTRICT. The district is a
23	32		municipal utility district created under Section 59, Article XVI,
24	33		Texas Constitution.
25	34		Sec. 7903A.0103. CONFIRMATION AND DIRECTOR ELECTION
26	35		REQUIRED. The temporary directors shall hold an election to
27	36		confirm the creation of the district and to elect five permanent
28	37		directors as provided by Section 49.102, Water Code.
29	38		Sec. 7903A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
30	39		temporary directors may not hold an election under Section
31	40		7903A.0103 until each municipality in whose corporate limits or
32	41		extraterritorial jurisdiction the district is located has
33	42		consented by ordinance or resolution to the creation of the
34	43		district and to the inclusion of land in the district.
35	44		Sec. 7903A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	45		(a) The district is created to serve a public purpose and benefit.
37	46		(b) The district is created to accomplish the purposes of:
38	47		(1) a municipal utility district as provided by
39	48		general law and Section 59, Article XVI, Texas Constitution; and
40	49		(2) Section 52, Article III, Texas Constitution, that
41	50		relate to the construction, acquisition, improvement, operation,
42	51		or maintenance of macadamized, graveled, or paved roads, or
43	52		improvements, including storm drainage, in aid of those roads.
44	53		Sec. 7903A.0106. INITIAL DISTRICT TERRITORY. (a) The
45	54		district is initially composed of the territory described by
46	55		Section 2 of the Act enacting this chapter.
47	56		(b) The boundaries and field notes contained in Section 2 of
48	57		the Act enacting this chapter form a closure. A mistake made in the
49	58		field notes or in copying the field notes in the legislative process
50	59		does not affect the district's:
51	60		(1) organization, existence, or validity;
52	61		(2) right to issue any type of bond for the purposes
53	62		for which the district is created or to pay the principal of and
54	63		interest on a bond;
55	64		(3) right to impose a tax; or
56	65		(4) legality or operation.
57	66		SUBCHAPTER B. BOARD OF DIRECTORS
58	67		Sec. 7903A.0201. GOVERNING BODY; TERMS. (a) The district
59	68		is governed by a board of five elected directors.
60	69		(b) Except as provided by Section 7903A.0202, directors
61	70		serve staggered four-year terms.
62	71		Sec. 7903A.0202. TEMPORARY DIRECTORS. (a) The temporary
63	72		board consists of:
64	73		(1) Josh Trlicek;
65	74		(2) Sarah Sessum;
66	75		(3) Courtney Wilcox;
67	76		(4) Jonathan Corb; and
68	77		(5) Tyler Brown.
69	78		(b) Temporary directors serve until the earlier of:
70	79		(1) the date permanent directors are elected under
71	80		Section 7903A.0103; or
72	81		(2) the fourth anniversary of the effective date of
73	82		the Act enacting this chapter.
74	83		(c) If permanent directors have not been elected under
75	84		Section 7903A.0103 and the terms of the temporary directors have
76	85		expired, successor temporary directors shall be appointed or
77	86		reappointed as provided by Subsection (d) to serve terms that
78	87		expire on the earlier of:
79	88		(1) the date permanent directors are elected under
80	89		Section 7903A.0103; or
81	90		(2) the fourth anniversary of the date of the
82	91		appointment or reappointment.
83	92		(d) If Subsection (c) applies, the owner or owners of a
84	93		majority of the assessed value of the real property in the district
85	94		may submit a petition to the commission requesting that the
86	95		commission appoint as successor temporary directors the five
87	96		persons named in the petition. The commission shall appoint as
88	97		successor temporary directors the five persons named in the
89	98		petition.
90	99		SUBCHAPTER C. POWERS AND DUTIES
91	100		Sec. 7903A.0301. GENERAL POWERS AND DUTIES. The district
92	101		has the powers and duties necessary to accomplish the purposes for
93	102		which the district is created.
94	103		Sec. 7903A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
95	104		DUTIES. The district has the powers and duties provided by the
96	105		general law of this state, including Chapters 49 and 54, Water Code,
97	106		applicable to municipal utility districts created under Section 59,
98	107		Article XVI, Texas Constitution.
99	108		Sec. 7903A.0303. AUTHORITY FOR ROAD PROJECTS. Under
100	109		Section 52, Article III, Texas Constitution, the district may
101	110		design, acquire, construct, finance, issue bonds for, improve,
102	111		operate, maintain, and convey to this state, a county, or a
103	112		municipality for operation and maintenance macadamized, graveled,
104	113		or paved roads, or improvements, including storm drainage, in aid
105	114		of those roads.
106	115		Sec. 7903A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	116		road project must meet all applicable construction standards,
108	117		zoning and subdivision requirements, and regulations of each
109	118		municipality in whose corporate limits or extraterritorial
110	119		jurisdiction the road project is located.
111	120		(b) If a road project is not located in the corporate limits
112	121		or extraterritorial jurisdiction of a municipality, the road
113	122		project must meet all applicable construction standards,
114	123		subdivision requirements, and regulations of each county in which
115	124		the road project is located.
116	125		(c) If the state will maintain and operate the road, the
117	126		Texas Transportation Commission must approve the plans and
118	127		specifications of the road project.
119	128		Sec. 7903A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120	129		ORDINANCE OR RESOLUTION. The district shall comply with all
121	130		applicable requirements of any ordinance or resolution that is
122	131		adopted under Section 54.016 or 54.0165, Water Code, and that
123	132		consents to the creation of the district or to the inclusion of land
124	133		in the district.
125	134		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	135		Sec. 7903A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
127	136		The district may issue, without an election, bonds and other
128	137		obligations secured by:
129	138		(1) revenue other than ad valorem taxes; or
130	139		(2) contract payments described by Section
131	140		7903A.0403.
132	141		(b) The district must hold an election in the manner
133	142		provided by Chapters 49 and 54, Water Code, to obtain voter approval
134	143		before the district may impose an ad valorem tax or issue bonds
135	144		payable from ad valorem taxes.
136	145		(c) The district may not issue bonds payable from ad valorem
137	146		taxes to finance a road project unless the issuance is approved by a
138	147		vote of a two-thirds majority of the district voters voting at an
139	148		election held for that purpose.
140	149		Sec. 7903A.0402. OPERATION AND MAINTENANCE TAX. (a) If
141	150		authorized at an election held under Section 7903A.0401, the
142	151		district may impose an operation and maintenance tax on taxable
143	152		property in the district in accordance with Section 49.107, Water
144	153		Code.
145	154		(b) The board shall determine the tax rate. The rate may not
146	155		exceed the rate approved at the election.
147	156		Sec. 7903A.0403. CONTRACT TAXES. (a) In accordance with
148	157		Section 49.108, Water Code, the district may impose a tax other than
149	158		an operation and maintenance tax and use the revenue derived from
150	159		the tax to make payments under a contract after the provisions of
151	160		the contract have been approved by a majority of the district voters
152	161		voting at an election held for that purpose.
153	162		(b) A contract approved by the district voters may contain a
154	163		provision stating that the contract may be modified or amended by
155	164		the board without further voter approval.
156	165		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
157	166		Sec. 7903A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
158	167		OBLIGATIONS. The district may issue bonds or other obligations
159	168		payable wholly or partly from ad valorem taxes, impact fees,
160	169		revenue, contract payments, grants, or other district money, or any
161	170		combination of those sources, to pay for any authorized district
162	171		purpose.
163	172		Sec. 7903A.0502. TAXES FOR BONDS. At the time the district
164	173		issues bonds payable wholly or partly from ad valorem taxes, the
165	174		board shall provide for the annual imposition of a continuing
166	175		direct ad valorem tax, without limit as to rate or amount, while all
167	176		or part of the bonds are outstanding as required and in the manner
168	177		provided by Sections 54.601 and 54.602, Water Code.
169	178		Sec. 7903A.0503. BONDS FOR ROAD PROJECTS. At the time of
170	179		issuance, the total principal amount of bonds or other obligations
171	180		issued or incurred to finance road projects and payable from ad
172	181		valorem taxes may not exceed one-fourth of the assessed value of the
173	182		real property in the district.
174	183		SECTION 2. The Harris-Waller Counties Municipal Utility
175	184		District No. 7 initially includes all the territory contained in
176	185		the following area:
177	186		Being a tract of land containing 45.924 acres (2,000,467
178	187		square feet) located in the J. Gibbons, Abstract Number (No.) 133 in
179	188		Harris County and the J. Gibbons Survey, Abstract No. 286 in Waller
180	189		County, Texas; Said 45.924 acre tract being all of a called 45.7143
181	190		acre tract recorded in the name of Thomas F. Mathis, Jr., Ronald
182	191		Gene Mathis and Cathy Mathis Willhoite in Volume 339, Page 6 of the
183	192		Waller County Deed Records (W.C.D.R.) and in Harris County Clerk's
184	193		File Number (H.C.C.F. No.) H603706, (all bearings are based on the
185	194		Texas Coordinate System of 1983 (NAD83), South Central Zone, per
186	195		GPS observations):
187	196		Beginning at a 1-inch iron pipe found on the occupied West
188	197		Right-Of-Way (R.O.W.) line of Mathis Road (called 99 feet wide in
189	198		Volume 17, Page 222 of the Harris County Deed Records (H.C.D.R.) and
190	199		shown as 66 feet wide on the Harris County Engineering Department
191	200		R.O.W. Map No. 3912, Sec. 1, 1984), said pipe being at the northeast
192	201		corner of a called 45.86 acre tract recorded in the name of Laretta
193	202		Rena Callaway in H.C.C.F. No. U998001, for the southeast corner of
194	203		the herein described tract, from which found 1/2-inch iron pipe for
195	204		the southeast corner of said 45.86 acre tract bears South 02 degrees
196	205		31 minutes 13 seconds East, a distance of 605.89 feet;
197	206		Thence, with the line common to said 45.86 acre tract and said
198	207		45.7143 acre tract, South 87 degrees 45 minutes 20 seconds West, a
199	208		distance of 3314.83 feet (called 3297.22 feet) to a 5/8-inch iron
200	209		rod with a Miller Survey Group (MSG) cap set on the east line of a
201	210		called 36.3038 acre tract, recorded in the name of Leslie W. Lofton
202	211		and Catherine A. Lofton in Volume 670, Page 885 of the W.C.D.R.,
203	212		same being the northwest corner of said 45.86 acre tract for the
204	213		southwest corner of said 45.7143 acre tract and the herein
205	214		described tract, from which a found 3/4-inch pinch top pipe bears
206	215		South 01 degrees 57 minutes 35 seconds East, a distance of 604.28
207	216		feet;
208	217		Thence, with the line common to said 36.3038 acre tract and
209	218		said 45.7143 acre tract, North 01 degrees 57 minutes 35 seconds
210	219		West, a distance of 603.94 feet to a 5/8-inch iron rod with a MSG cap
211	220		set at the southwest corner of a called 37.759 acre tract of land
212	221		recorded in the name of Brandon J. Cotton, et.al. in H.C.C.F.
213	222		No. W570059, for the northwest corner of said 45.7143 acre tract
214	223		and the herein described tract, from which a found 5/8-inch iron rod
215	224		at the northwest corner of said 37.759 acre tract bears North 01
216	225		degrees 57 minutes 35 seconds West, a distance of 697.56 feet and
217	226		from which a found 5/8-inch iron rod bears North 07 degrees 06
218	227		minutes West, a distance of 7.0 feet;
219	228		Thence, with the south line of a called 37.759 acre tract and
220	229		the south line of a called 5.7142 acre tract recorded in the name of
221	230		Jesus Duran in RP-2016-303676 of the Official Public Records of
222	231		Real Property of Harris County, Texas (O.P.R.R.P.H.C.T.), same
223	232		being the north line of said 45.7143 acre tract, North 87 degrees 45
224	233		minutes 20 seconds East, at a distance of 1649.83 feet pass a found
225	234		2-inch iron pipe at the common south corner of said 37.759 acre
226	235		tract and said 5.7142 acre tract, and continue for a total distance
227	236		of 3309.87 feet (called 3297.22 feet) to a 5/8-inch iron rod with a
228	237		MSG cap set on the west R.O.W. line of said Mathis Road, at the
229	238		southeast corner of said 5.7142 acre tract, for the northeast
230	239		corner of said 45.7143 acre tract and the herein described tract,
231	240		from which a found 3/4-inch iron pipe at the northeast corner of
232	241		said 5.7142 acre tract, bears North 02 degrees 25 minutes 47 seconds
233	242		West, a distance of 150.00 feet;
234	243		Thence, with the west R.O.W. line of said Mathis Road, same
235	244		being the east line of said 45.7143 acre tract, South 02 degrees 25
236	245		minutes 47 seconds East, a distance of 603.94 feet to the Point of
237	246		Beginning and containing 45.924 acres (2,000,467 square feet) of
238	247		land.
239	248		SECTION 3. (a) The legal notice of the intention to
240	249		introduce this Act, setting forth the general substance of this
241	250		Act, has been published as provided by law, and the notice and a
242	251		copy of this Act have been furnished to all persons, agencies,
243	252		officials, or entities to which they are required to be furnished
244	253		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
245	254		Government Code.
246	255		(b) The governor, one of the required recipients, has
247	256		submitted the notice and Act to the Texas Commission on
248	257		Environmental Quality.
249	258		(c) The Texas Commission on Environmental Quality has filed
250	259		its recommendations relating to this Act with the governor, the
251	260		lieutenant governor, and the speaker of the house of
252	261		representatives within the required time.
253	262		(d) All requirements of the constitution and laws of this
254	263		state and the rules and procedures of the legislature with respect
255	264		to the notice, introduction, and passage of this Act are fulfilled
256	265		and accomplished.
257	266		SECTION 4. (a) If this Act does not receive a two-thirds
258	267		vote of all the members elected to each house, Subchapter C, Chapter
259	268		7903A, Special District Local Laws Code, as added by Section 1 of
260	269		this Act, is amended by adding Section 7903A.0306 to read as
261	270		follows:
262	271		Sec. 7903A.0306. NO EMINENT DOMAIN POWER. The district may
263	272		not exercise the power of eminent domain.
264	273		(b) This section is not intended to be an expression of a
265	274		legislative interpretation of the requirements of Section 17(c),
266	275		Article I, Texas Constitution.
267	276		SECTION 5. This Act takes effect immediately if it receives
268	277		a vote of two-thirds of all the members elected to each house, as
269	278		provided by Section 39, Article III, Texas Constitution. If this
270	279		Act does not receive the vote necessary for immediate effect, this
271	280		Act takes effect September 1, 2021.
272		-	______________________________ ______________________________
273		-	President of the Senate Speaker of the House
274		-	I certify that H.B. No. 3140 was passed by the House on May
275		-	14, 2021, by the following vote: Yeas 108, Nays 37, 2 present, not
276		-	voting; and that the House concurred in Senate amendments to H.B.
277		-	No. 3140 on May 28, 2021, by the following vote: Yeas 100, Nays 48,
278		-	1 present, not voting.
279		-	______________________________
280		-	Chief Clerk of the House
281		-	I certify that H.B. No. 3140 was passed by the Senate, with
282		-	amendments, on May 27, 2021, by the following vote: Yeas 30, Nays
283		-	1.
284		-	______________________________
285		-	Secretary of the Senate
286		-	APPROVED: __________________
287		-	Date
288		-	__________________
289		-	Governor
	281	+	* * * * *