Texas 2021 - 87th Regular

Texas House Bill HB4593 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R10364 BRG-F
2	2	By: Oliverson H.B. No. 4593
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Harris County Municipal Utility
8	8	District No. 581; granting a limited power of eminent domain;
9	9	providing authority to issue bonds; providing authority to impose
10	10	assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 7924A to read as follows:
14	14	CHAPTER 7924A. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 581
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7924A.0101. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Harris County Municipal
22	22	Utility District No. 581.
23	23	Sec. 7924A.0102. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 7924A.0103. CONFIRMATION AND DIRECTOR ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 7924A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	7924A.0103 until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 7924A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 7924A.0106. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 7924A.0201. GOVERNING BODY; TERMS. (a) The district
60	60	is governed by a board of five elected directors.
61	61	(b) Except as provided by Section 7924A.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 7924A.0202. TEMPORARY DIRECTORS. (a) On or after the
64	64	effective date of the Act enacting this chapter, the owner or owners
65	65	of a majority of the assessed value of the real property in the
66	66	district may submit a petition to the commission requesting that
67	67	the commission appoint as temporary directors the five persons
68	68	named in the petition. The commission shall appoint as temporary
69	69	directors the five persons named in the petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 7924A.0103; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act enacting this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 7924A.0103 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 7924A.0103; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 7924A.0301. GENERAL POWERS AND DUTIES. The district
93	93	has the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 7924A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 7924A.0303. AUTHORITY FOR ROAD PROJECTS. Under
101	101	Section 52, Article III, Texas Constitution, the district may
102	102	design, acquire, construct, finance, issue bonds for, improve,
103	103	operate, maintain, and convey to this state, a county, or a
104	104	municipality for operation and maintenance macadamized, graveled,
105	105	or paved roads, or improvements, including storm drainage, in aid
106	106	of those roads.
107	107	Sec. 7924A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
108	108	road project must meet all applicable construction standards,
109	109	zoning and subdivision requirements, and regulations of each
110	110	municipality in whose corporate limits or extraterritorial
111	111	jurisdiction the road project is located.
112	112	(b) If a road project is not located in the corporate limits
113	113	or extraterritorial jurisdiction of a municipality, the road
114	114	project must meet all applicable construction standards,
115	115	subdivision requirements, and regulations of each county in which
116	116	the road project is located.
117	117	(c) If the state will maintain and operate the road, the
118	118	Texas Transportation Commission must approve the plans and
119	119	specifications of the road project.
120	120	Sec. 7924A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
121	121	ORDINANCE OR RESOLUTION. The district shall comply with all
122	122	applicable requirements of any ordinance or resolution that is
123	123	adopted under Section 54.016 or 54.0165, Water Code, and that
124	124	consents to the creation of the district or to the inclusion of land
125	125	in the district.
126	126	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
127	127	Sec. 7924A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
128	128	The district may issue, without an election, bonds and other
129	129	obligations secured by:
130	130	(1) revenue other than ad valorem taxes; or
131	131	(2) contract payments described by Section
132	132	7924A.0403.
133	133	(b) The district must hold an election in the manner
134	134	provided by Chapters 49 and 54, Water Code, to obtain voter approval
135	135	before the district may impose an ad valorem tax or issue bonds
136	136	payable from ad valorem taxes.
137	137	(c) The district may not issue bonds payable from ad valorem
138	138	taxes to finance a road project unless the issuance is approved by a
139	139	vote of a two-thirds majority of the district voters voting at an
140	140	election held for that purpose.
141	141	Sec. 7924A.0402. OPERATION AND MAINTENANCE TAX. (a) If
142	142	authorized at an election held under Section 7924A.0401, the
143	143	district may impose an operation and maintenance tax on taxable
144	144	property in the district in accordance with Section 49.107, Water
145	145	Code.
146	146	(b) The board shall determine the tax rate. The rate may not
147	147	exceed the rate approved at the election.
148	148	Sec. 7924A.0403. CONTRACT TAXES. (a) In accordance with
149	149	Section 49.108, Water Code, the district may impose a tax other than
150	150	an operation and maintenance tax and use the revenue derived from
151	151	the tax to make payments under a contract after the provisions of
152	152	the contract have been approved by a majority of the district voters
153	153	voting at an election held for that purpose.
154	154	(b) A contract approved by the district voters may contain a
155	155	provision stating that the contract may be modified or amended by
156	156	the board without further voter approval.
157	157	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
158	158	Sec. 7924A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
159	159	OBLIGATIONS. The district may issue bonds or other obligations
160	160	payable wholly or partly from ad valorem taxes, impact fees,
161	161	revenue, contract payments, grants, or other district money, or any
162	162	combination of those sources, to pay for any authorized district
163	163	purpose.
164	164	Sec. 7924A.0502. TAXES FOR BONDS. At the time the district
165	165	issues bonds payable wholly or partly from ad valorem taxes, the
166	166	board shall provide for the annual imposition of a continuing
167	167	direct ad valorem tax, without limit as to rate or amount, while all
168	168	or part of the bonds are outstanding as required and in the manner
169	169	provided by Sections 54.601 and 54.602, Water Code.
170	170	Sec. 7924A.0503. BONDS FOR ROAD PROJECTS. At the time of
171	171	issuance, the total principal amount of bonds or other obligations
172	172	issued or incurred to finance road projects and payable from ad
173	173	valorem taxes may not exceed one-fourth of the assessed value of the
174	174	real property in the district.
175	175	SECTION 2. The Harris County Municipal Utility District
176	176	No. 581 initially includes all the territory contained in the
177	177	following area:
178	178	TRACT 1 65.233 ACRES
179	179	A TRACT OR PARCEL CONTAINING 65.233 ACRES OR 2,841,562 SQUARE
180	180	FEET OF LAND SITUATED IN THE WILLIAM SETTLE SURVEY, ABSTRACT NO.
181	181	705, HARRIS COUNTY, TEXAS, BEING THE RESIDUE OF A CALLED 66.07629
182	182	ACRE TRACT OF LAND, CONVEYED TO CYPRESS ROSE HILL, LTD. #1, AS
183	183	RECORDED UNDER HARRIS COUNTY CLERK'S FILE (H.C.C.F. NO. E031964
184	184	WITH SAID 65.233 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY
185	185	METES AND BOUNDS AS FOLLOWS, WITH ALL BEARINGS BASED ON THE TEXAS
186	186	STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE (NAD 83):
187	187	BEGINNING AT A CAPPED 5/8 INCH IRON ROD FOUND ON THE EAST
188	188	RIGHT-OF-WAY (R.O.W.) LINE OF CYPRESS ROSEHILL ROAD (100 FEET WIDE)
189	189	AS RECORDED UNDER H.C.C.F. NOS. 20080044631, 20080092981, AND
190	190	20080229033, FOR THE SOUTHWEST CORNER OF UNRESTRICTED RESERVE "F"
191	191	OF LAKES AT CYPRESS HILL, MAP OR PLAT THEREOF RECORDED UNDER FILM
192	192	CODE NO. 350084 OF THE HARRIS COUNTY MAP RECORDS (H.C.M.R.) AND THE
193	193	NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;
194	194	THENCE, NORTH 87 DEG. 47 MIN. 13 SEC. EAST, ALONG THE COMMON
195	195	LINE OF SAID UNRESTRICTED RESERVE "F", SAID CALLED 66.07629 ACRE
196	196	TRACT, AND LANDSCAPE RESERVE "B" OF SAID LAKES AT CYPRESS HILL, A
197	197	DISTANCE OF 1,516.12 FEET TO A 5/8 INCH IRON ROD FOUND FOR THE
198	198	NORTHEAST CORNER OF SAID CALLED 66.07629 ACRE TRACT AND THE HEREIN
199	199	DESCRIBED TRACT;
200	200	THENCE, SOUTH 02 DEG. 28 MIN. 37 SEC. EAST, ALONG THE EAST
201	201	LINE OF SAID CALLED 66.07629 ACRE TRACT, AND THE WEST LINE OF
202	202	RESERVE "B" OF SAID LAKES AT CYPRESS HILL, A DISTANCE OF 5.64 FEET
203	203	TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" SET FOR THE
204	204	NORTHWEST CORNER OF A CALLED 46.8686 ACRE TRACT OF LAND, CONVEYED TO
205	205	DAVID BRUCE JONES, AS RECORDED UNDER H.C.C.F. NO. 20110039327, FROM
206	206	WHICH A FOUND 1/2 INCH IRON ROD BEARS FOR REFERENCE NORTH 06 DEG. 24
207	207	MIN. 48 SEC. WEST, A DISTANCE OF 1.34 FEET;
208	208	THENCE, SOUTH 02 DEG. 28 MIN. 47 SEC. EAST, ALONG THE COMMON
209	209	LINE OF SAID CALLED 66.07629 ACRE TRACT, SAID CALLED 46.8686 ACRE
210	210	TRACT, A CALLED 2.7153 ACRE TRACT OF LAND CONVEYED TO DAVID BRUCE
211	211	JONES, AS RECORDED UNDER H.C.C.F. NO. 20110039327, AND A CALLED
212	212	30.0000 ACRE TRACT OF LAND, CONVEYED TO DAVID BRUCE JONES, AS
213	213	RECORDED UNDER H.C.C.F. NO. M282878, A DISTANCE OF 1,868.53 FEET TO
214	214	AN AXLE FOUND FOR THE SOUTHEAST CORNER OF SAID CALLED 66.07629 ACRE
215	215	TRACT;
216	216	THENCE, SOUTH 88 DEG. 10 MIN. 44 SEC. WEST, ALONG THE SOUTH
217	217	LINE OF SAID CALLED 66.07629 ACRE TRACT, A DISTANCE OF 1,524.78 FEET
218	218	TO A CAPPED 5/8 INCH IRON ROD STAMPED "S & V" FOUND ON THE EAST
219	219	R.O.W. LINE OF SAID CYPRESS ROSEHILL ROAD, FOR THE NORTHWEST CORNER
220	220	OF A CALLED 2.6547 ACRE TRACT, CONVEYED TO NORWEST MORTGAGE, INC. AS
221	221	RECORDED UNDER H.C.C.F. NO. R856420;
222	222	THENCE, NORTH 02 DEG. 12 MIN. 58 SEC. WEST, ALONG THE EAST
223	223	R.O.W. LINE OF SAID CYPRESS ROSEHILL ROAD, A DISTANCE OF 1,863.72
224	224	FEET TO THE POINT OF BEGINNING AND CONTAINING 65.233 ACRES OR
225	225	2,841,562 SQUARE FEET OF LAND, AS SHOWN ON JOB NO. 54760, PREPARED
226	226	BY WINDROSE LAND SERVICES.
227	227	TRACT 2 (58.396 ACRES)
228	228	A 58.396 acre, or 2,543,742 square feet more or less, tract of
229	229	land being the remaining portion of the 58.735 acre tract conveyed
230	230	to Hally Beth Walker Poindexter, as recorded in Clerk's File
231	231	No. E465875 in the Official Public Records of Real Property of
232	232	Harris County, Texas, in the F. Benignus Survey, Abstract 1463,
233	233	Harris County, Texas. Said 58.396 acre tract being more fully
234	234	described as follows, with bearings based on the North American
235	235	Datum of 1983 NAD 83 (NA2011) epoch 2010.00, from the Texas
236	236	Coordinate System established for the South Central Zone.
237	237	BEGINNING: At a found 3/4 inch iron rod on the north
238	238	right-of-way line of Grant Road, a 60-foot right-of-way, at the
239	239	southwest corner of said 58.735 acre tract, at the southeast corner
240	240	of the 3.975 acre tract conveyed to O'Conner Properties, No. One,
241	241	LLC, as recorded in Clerk's File No. 20140112827 in the Official
242	242	Public Records of Real Property of Harris County, Texas;
243	243	THENCE: N 02°11'41" W, along and with the west line of said
244	244	58.735 acre tract, the east line of said 3.975 acre tract, the east
245	245	line of the 10.2141 acre tract, conveyed to Emmanuel Baptist Church
246	246	of Houston Texas, as recorded in Clerk's File No. 20140542621, in
247	247	the Official Public Records of Real Property of Harris County,
248	248	Texas, the east line of the 6.6513 acre tract, conveyed to Doyle Kay
249	249	and Cynthia L. Kay, as recorded in Clerk's File No. 20080188383,
250	250	and the east line of the 3.9999 acre tract, conveyed to Robert R.
251	251	Hodge and Amy F. Vanzant-Hodge, as recorded in Clerk's File No
252	252	20070607517 in the Official Public Records of Real Property of
253	253	Harris County, Texas, a distance of 1737.23 feet to a found 3/4 inch
254	254	iron pipe on the south line of the 66.07529 acre tract conveyed to
255	255	Cypress Rose Hill, Ltd. #1, as recorded in Clerk's File
256	256	No. E0319641 in the Official Public Records of Real Property of
257	257	Harris County, Texas, at the northeast corner of said 3.9999 acre
258	258	tract, for the northwest corner of this tract;
259	259	THENCE: N 87°43'56" E, along and with the south line of said
260	260	66.07529 acre tract, a distance of 213.80 feet to a found axle on
261	261	the west line of the 46.8686 acre tract, conveyed to Doyle E. Jones
262	262	and Bruce Jones, as recorded in Clerk's File No. K944940 in the
263	263	Official Public Records of Real Property of Harris County, Texas,
264	264	and described in Document No. D581566 in the Official Public
265	265	Records of Real Property of Harris County, Texas, at the southeast
266	266	corner of said 66.07529 acre tract;
267	267	THENCE: S 02°11'32" E, along and with the west line of said
268	268	46.8686 acre tract and an east line of said 58.735 acre tract, a
269	269	distance of 455.96 feet to a found 1/2 inch iron rod, at the
270	270	southwest corner of said 46.8686 acre tract and an interior corner
271	271	of said 58.735 acre tract;
272	272	THENCE: N 87°57'55" E, along and with a north line of said
273	273	58.735 acre tract, the south line of said 46.8686 acre tract, and
274	274	the south line of a called 5.720 acre tract conveyed to Manuel
275	275	Cuevas and Lorena Cuevas, as recorded in Clerk's File
276	276	No. RP-2019-9855 in the Official Public Records of Real Property of
277	277	Harris County, Texas, a distance of 1700.29 feet to a found 3/4 inch
278	278	iron pipe in the west line of the 1.15 acre tract conveyed to Garon
279	279	W. Hano and Nicole B. Hano, as recorded in Clerk's File
280	280	No. 20130173499 in the Official Public Records of Real Property of
281	281	Harris County, Texas, for the northeast corner of this tract;
282	282	THENCE: S 02°02'13" E, along and with an east line of said
283	283	58.735 acre tract, the west line of said 1.15 acre tract and the
284	284	west right-of-way line of Kitzman Road, a variable width
285	285	right-of-way, a distance of 371.42 feet to a set 5/8 inch iron rod
286	286	with a yellow cap marked "Pape-Dawson", at the north corner of the
287	287	0.2038 acre right-of-way dedication conveyed to Harris County,
288	288	Texas, as recorded in Volume 3765, Page 717 in the Deed Records of
289	289	Harris County, Texas;
290	290	THENCE: Along and with the west right-of-way line of said
291	291	Kitzman Road and the west line of said 0.2038 acre tract the
292	292	following bearings and distances:
293	293	Southwesterly, along a non-tangent curve to the left,
294	294	said curve having a radial bearing of S 77°53'45" E, a radius
295	295	of 330.00 feet, a central angle of 14°08'28", a chord bearing
296	296	and distance of S 05°02'01" W, 81.24 feet, for an arc length
297	297	of 81.45 feet to a set 5/8 inch iron rod with a yellow cap
298	298	marked "Pape-Dawson" for the point of tangency;
299	299	THENCE: S 02°02'13" E, a distance of 833.64 feet to a found
300	300	5/8 inch iron rod at the intersection of the west right-of-way line
301	301	of said Kitzman Road and the north right-of-way line of said Grant
302	302	Road, at the southwest corner of said 0.2038 acre tract and the
303	303	southeast corner of this tract;
304	304	THENCE: S 88°04'20" W, along and with the north right-of-way
305	305	line of said Grant Road, a distance of 1900.54 feet to the POINT OF
306	306	BEGINNING, and containing 58.396 acres in Harris County, Texas.
307	307	Said tract being described in accordance with a survey made on the
308	308	ground and a survey description and map prepared under job number
309	309	49226-19 by Pape-Dawson Engineers, Inc.
310	310	SECTION 3. (a) The legal notice of the intention to
311	311	introduce this Act, setting forth the general substance of this
312	312	Act, has been published as provided by law, and the notice and a
313	313	copy of this Act have been furnished to all persons, agencies,
314	314	officials, or entities to which they are required to be furnished
315	315	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
316	316	Government Code.
317	317	(b) The governor, one of the required recipients, has
318	318	submitted the notice and Act to the Texas Commission on
319	319	Environmental Quality.
320	320	(c) The Texas Commission on Environmental Quality has filed
321	321	its recommendations relating to this Act with the governor, the
322	322	lieutenant governor, and the speaker of the house of
323	323	representatives within the required time.
324	324	(d) All requirements of the constitution and laws of this
325	325	state and the rules and procedures of the legislature with respect
326	326	to the notice, introduction, and passage of this Act are fulfilled
327	327	and accomplished.
328	328	SECTION 4. (a) If this Act does not receive a two-thirds
329	329	vote of all the members elected to each house, Subchapter C, Chapter
330	330	7924A, Special District Local Laws Code, as added by Section 1 of
331	331	this Act, is amended by adding Section 7924A.0306 to read as
332	332	follows:
333	333	Sec. 7924A.0306. NO EMINENT DOMAIN POWER. The district may
334	334	not exercise the power of eminent domain.
335	335	(b) This section is not intended to be an expression of a
336	336	legislative interpretation of the requirements of Section 17(c),
337	337	Article I, Texas Constitution.
338	338	SECTION 5. This Act takes effect immediately if it receives
339	339	a vote of two-thirds of all the members elected to each house, as
340	340	provided by Section 39, Article III, Texas Constitution. If this
341	341	Act does not receive the vote necessary for immediate effect, this
342	342	Act takes effect September 1, 2021.