H.B. No. 4592
AN ACT
relating to the creation of the Harris County Water Control and
Improvement District No. 164; granting a limited power of eminent
domain; providing authority to issue bonds; providing authority to
impose assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle I, Title 6, Special District Local Laws
Code, is amended by adding Chapter 9089 to read as follows:
CHAPTER 9089. HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT
NO. 164
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 9089.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Harris County Water Control
and Improvement District No. 164.
Sec. 9089.0102. NATURE OF DISTRICT. The district is a water
control and improvement district created under Section 59, Article
XVI, Texas Constitution.
Sec. 9089.0103. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 9089.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
9089.0103 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 9089.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a water control and improvement district as
provided by general law and Section 59, Article XVI, Texas
Constitution, including the collection, transportation,
processing, disposal, and control of domestic, industrial, or
communal waste and the gathering, conducting, diverting, and
control of local storm water or other harmful excesses of water; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 9089.0106. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 9089.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 9089.0202, directors
serve staggered four-year terms.
Sec. 9089.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Louis Girard;
(2) Henry Chapman;
(3) Ford Allen;
(4) Michael Pratts; and
(5) Jay Kolb.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 9089.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 9089.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 9089.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 9089.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 9089.0302. WATER CONTROL AND IMPROVEMENT DISTRICT
POWERS AND DUTIES. The district has the powers and duties provided
by the general law of this state, including Chapters 49 and 51,
Water Code, applicable to water control and improvement districts
created under Section 59, Article XVI, Texas Constitution,
specifically including the powers and duties authorized under
Subchapter H, Chapter 51, Water Code.
Sec. 9089.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 9089.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 9089.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 42.042 or 42.0425, Local Government Code, and
consents to the creation of the district or to the inclusion of land
in the district.
Sec. 9089.0306. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district boundaries to acquire a site or easement for:
(1) a recreational facility, as defined by Section
49.462, Water Code; or
(2) a road project authorized by Section 9089.0303.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 9089.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 9089.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 51, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 9089.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 9089.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 9089.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 9089.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 9089.0502. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Section 51.433, Water Code.
Sec. 9089.0503. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
Sec. 9089.0504. BONDS FOR RECREATIONAL FACILITIES. (a)
The district may develop recreational facilities and issue bonds
for recreational facilities as provided by Chapter 49, Water Code,
regardless of whether the district's territory overlaps with the
territory of a political subdivision that is authorized to develop
recreational facilities and issue bonds for recreational
facilities under Chapter 49, Water Code.
(b) The authority of the district to develop recreational
facilities and issue bonds for recreational facilities under this
section does not limit the authority of another political
subdivision whose territory the territory of the district may
overlap, wholly or partly, to develop recreational facilities and
issue bonds for recreational facilities under Chapter 49, Water
Code.
SECTION 2. The Harris County Water Control and Improvement
District No. 164 initially includes all the territory contained in
the following area:
Being a 192.3 acre tract of land located in the E.R. Green
Survey, Abstract No. 307 in Harris County, Texas; said 192.3 acre
tract being a portion of a called 198.4 acre tract of land recorded
in the name of Emptor Betka. LLC. in Clerk's File (C.F.)
No. RP-2020-616041 of the Official Public Records of Real Property
of Harris County (O.P.R.R.P.H.C.); said 192.3 acre tract being more
particularly described by metes and bounds as follows (all bearings
are referenced to the Texas Coordinate System, North American Datum
of 1983 (NAD83), South Central Zone):
Beginning at a 1/2-inch iron rod found at the northeast
corner of said 198.4 acre tract and the northwest corner of a called
1.75 acre tract recorded in the name of Roderick Cantu and Sheadian
Atika Cantu, husband and wife, and Jeremy Robert Claiborne in C.F.
No. RP-2019-446964 of the O.P.R.R.P.H.C., and being on the
southerly right-of-way line of Betka Road (60 feet wide);
1. Thence, with the easterly line of said 198.4 acre tract
and the westerly line of said 1.75 acre tract, South 01 degrees 43
minutes 16 seconds East, a distance of 480.39 feet to a 5/8-inch
iron rod found at the southwest corner of said 1.75 acre tract and
the northwest corner of a called 33.84 acre tract of land recorded
in the name of Arthur Liere in C.F. No. Y500999 of the
O.P.R.R.P.H.C.;
2. Thence, continuing with the easterly lines of said 198.4
acre tract, the westerly line of said 33.84 acre tract and the
westerly line of a called 25.64 acre tract of land recorded in the
name of Arthur Roy Liere, Sr. in C.F. No. U739040 of the
O.P.R.R.P.H.C., South 01 degrees 44 minutes 01 seconds East, a
distance of 633.11 feet to a found 5/8-inch iron rod with "Prejean"
cap;
3. Thence, continuing with the easterly line of said 198.4
acre tract, the westerly line of said 25.64 acre tract, South 01
degrees 49 minutes 23 seconds East, at distance of 298.77 feet pass
a 5/8-inch iron rod with "Prejean" cap" found at an interior corner
of said 198.4 acre tract and continuing a total distance of 428.78
feet to a 5/8-inch iron rod found at an interior corner of said
198.4 acre tract and the northwest corner of a called 65.239 acre
tract of land recorded in the name of CCI Hockley, LLC. in C.F.
No. RP-2020-175741of the O.P.R.R.P.H.C.;
4. Thence, with the easterly line of said 198.4 acre tract
and the westerly line of said 65.239 acre tract, South 01 degrees 45
minutes 50 seconds East, a distance of 1,249.20 feet to a 5/8-inch
iron rod with cap stamped "COSTELLO INC" found;
5. Thence, continuing with the easterly line of said 198.4
acre tract and the westerly line of said 65.239 acre tract, South 01
degrees 53 minutes 46 seconds East, a distance of 794.23 feet to a
5/8-inch iron rod found at the southwest corner of said 65.239 acre
tract and the northwest corner of a called 30 acre tract of land
recorded in the name of F. E. Dennison in C.F. No. B746174 of the
O.P.R.R.P.H.C.;
6. Thence, continuing with the easterly line of said 198.4
acre tract and the westerly line of said 30 acre tract, South 01
degrees 46 minutes 15 seconds East, a distance of 375.43 feet to a
5/8-inch iron rod with cap stamped "COSTELLO INC" found;
7. Thence, continuing with the easterly line of said 198.4
acre tract and the westerly line of said 30 acre tract, South 02
degrees 11 minutes 29 seconds East, a distance of 264.05 feet to a
5/8-inch iron rod with cap stamped "COSTELLO INC" found at the
southwest corner of said 30 acre tract and the northwest corner of a
called 39.365 acre tract of land recorded in the name of Floyd
Emanuel Dennison and wife, Ruby Dennison in C.F. No. J223460 of the
O.P.R.R.P.H.C.;
8. Thence, continuing with the easterly line of said 198.4
acre tract and with the westerly line of said 39.365 acre tract,
South 01 degrees 48 minutes 44 seconds East, a distance of 1,046.67
feet to a 5/8-inch iron rod with cap stamped "COSTELLO INC" found at
the southeast corner of said 198.4 acre tract and the southwest
corner of said 39.365 acre tract, and being on the northerly line of
a called 617.0 acre tract of land recorded in the name of Emptor
Hockley LLC. in C.F. No. RP-2020-106668 of the O.P.R.R.P.H.C.;
9. Thence, with the southerly line of said 198.4 acre tract
and the northerly line of said 617.0 acre tract, South 88 degrees 01
minutes 10 seconds West, a distance of 1,589.27 feet to a 5/8-inch
iron rod with "Prejean" cap found at the southwest corner of said
198.4 acre tract and the southeast corner of a called 197.0000 acre
tract of land recorded in the name of DXC Technology Services LLC.
in C.F. No. RP-2018-66195 of the O.P.R.R.P.H.C.;
10. Thence, with the westerly line of said 198.4 acre tract
and the easterly line of said 197.0000 acre tract, North 01 degrees
49 minutes 20 seconds West, at a distance of 2,775.23 feet pass a
5/8-inch iron rod with "Prejean" cap found at the southeast corner
of Reserve "A" of HP Data Center Sec 1, a subdivision recorded under
Film Code No. 631126 of the Map Records of Harris County, and
continuing with the easterly line of said HP Data Center Sec 1 a
total distance of 5,275.06 feet to a 5/8-inch iron rod with
"Prejean" cap found at the northwest corner of said 198.4 acre tract
and the northeast corner of said 197.0000 acre tract and said HP
Data Center Sec 1, and being on the southerly right-of-way line of
aforesaid Betka Road;
Thence, with the northerly line of said 198.4 acre tract and
said southerly right-of-way line of Betka Road, the following three
courses:
11. North 88 degrees 20 minutes 14 seconds East, a distance
of 281.70 feet to a 5/8-inch iron rod with "Prejean" cap found;
12. North 88 degrees 08 minutes 11 seconds East, a distance
of 989.89 feet to a 5/8-inch iron rod with "Prejean" cap found;
13. North 87 degrees 57 minutes 04 seconds East, a distance
of 318.55 feet to the Point of Beginning and containing 192.3 acres
of land.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) Section 9089.0306, Special District Local
Laws Code, as added by Section 1 of this Act, takes effect only if
this Act receives a two-thirds vote of all the members elected to
each house.
(b) If this Act does not receive a two-thirds vote of all the
members elected to each house, Subchapter C, Chapter 9089, Special
District Local Laws Code, as added by Section 1 of this Act, is
amended by adding Section 9089.0306 to read as follows:
Sec. 9089.0306. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(c) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4592 was passed by the House on April
30, 2021, by the following vote: Yeas 111, Nays 30, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4592 was passed by the Senate on May
27, 2021, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor