Texas 2021 - 87th Regular

Texas Senate Bill SB2177 Compare Versions

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

Old	New	Differences
1	1	87R8233 SGM-F
2	2	By: Kolkhorst S.B. No. 2177
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Harris-Waller Counties Municipal
8	8	Utility District No. 5; 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 7903A to read as follows:
14	14	CHAPTER 7903A. HARRIS-WALLER COUNTIES MUNICIPAL UTILITY DISTRICT
15	15	NO. 5
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 7903A.0101. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "Commission" means the Texas Commission on
20	20	Environmental Quality.
21	21	(3) "Director" means a board member.
22	22	(4) "District" means the Harris-Waller Counties
23	23	Municipal Utility District No. 5.
24	24	Sec. 7903A.0102. NATURE OF DISTRICT. The district is a
25	25	municipal utility district created under Section 59, Article XVI,
26	26	Texas Constitution.
27	27	Sec. 7903A.0103. CONFIRMATION AND DIRECTOR ELECTION
28	28	REQUIRED. The temporary directors shall hold an election to
29	29	confirm the creation of the district and to elect five permanent
30	30	directors as provided by Section 49.102, Water Code.
31	31	Sec. 7903A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
32	32	temporary directors may not hold an election under Section
33	33	7903A.0103 until each municipality in whose corporate limits or
34	34	extraterritorial jurisdiction the district is located has
35	35	consented by ordinance or resolution to the creation of the
36	36	district and to the inclusion of land in the district.
37	37	Sec. 7903A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
38	38	(a) The district is created to serve a public purpose and benefit.
39	39	(b) The district is created to accomplish the purposes of:
40	40	(1) a municipal utility district as provided by
41	41	general law and Section 59, Article XVI, Texas Constitution; and
42	42	(2) Section 52, Article III, Texas Constitution, that
43	43	relate to the construction, acquisition, improvement, operation,
44	44	or maintenance of macadamized, graveled, or paved roads, or
45	45	improvements, including storm drainage, in aid of those roads.
46	46	Sec. 7903A.0106. INITIAL DISTRICT TERRITORY. (a) The
47	47	district is initially composed of the territory described by
48	48	Section 2 of the Act enacting this chapter.
49	49	(b) The boundaries and field notes contained in Section 2 of
50	50	the Act enacting this chapter form a closure. A mistake made in the
51	51	field notes or in copying the field notes in the legislative process
52	52	does not affect the district's:
53	53	(1) organization, existence, or validity;
54	54	(2) right to issue any type of bond for the purposes
55	55	for which the district is created or to pay the principal of and
56	56	interest on a bond;
57	57	(3) right to impose a tax; or
58	58	(4) legality or operation.
59	59	SUBCHAPTER B. BOARD OF DIRECTORS
60	60	Sec. 7903A.0201. GOVERNING BODY; TERMS. (a) The district
61	61	is governed by a board of five elected directors.
62	62	(b) Except as provided by Section 7903A.0202, directors
63	63	serve staggered four-year terms.
64	64	Sec. 7903A.0202. TEMPORARY DIRECTORS. (a) The temporary
65	65	board consists of:
66	66	(1) Josh Trlicek;
67	67	(2) Sarah Sessum;
68	68	(3) Courtney Wilcox;
69	69	(4) Jonathan Corb; and
70	70	(5) Tyler Brown.
71	71	(b) Temporary directors serve until the earlier of:
72	72	(1) the date permanent directors are elected under
73	73	Section 7903A.0103; or
74	74	(2) the fourth anniversary of the effective date of
75	75	the Act enacting this chapter.
76	76	(c) If permanent directors have not been elected under
77	77	Section 7903A.0103 and the terms of the temporary directors have
78	78	expired, successor temporary directors shall be appointed or
79	79	reappointed as provided by Subsection (d) to serve terms that
80	80	expire on the earlier of:
81	81	(1) the date permanent directors are elected under
82	82	Section 7903A.0103; or
83	83	(2) the fourth anniversary of the date of the
84	84	appointment or reappointment.
85	85	(d) If Subsection (c) applies, the owner or owners of a
86	86	majority of the assessed value of the real property in the district
87	87	may submit a petition to the commission requesting that the
88	88	commission appoint as successor temporary directors the five
89	89	persons named in the petition. The commission shall appoint as
90	90	successor temporary directors the five persons named in the
91	91	petition.
92	92	SUBCHAPTER C. POWERS AND DUTIES
93	93	Sec. 7903A.0301. GENERAL POWERS AND DUTIES. The district
94	94	has the powers and duties necessary to accomplish the purposes for
95	95	which the district is created.
96	96	Sec. 7903A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
97	97	DUTIES. The district has the powers and duties provided by the
98	98	general law of this state, including Chapters 49 and 54, Water Code,
99	99	applicable to municipal utility districts created under Section 59,
100	100	Article XVI, Texas Constitution.
101	101	Sec. 7903A.0303. AUTHORITY FOR ROAD PROJECTS. Under
102	102	Section 52, Article III, Texas Constitution, the district may
103	103	design, acquire, construct, finance, issue bonds for, improve,
104	104	operate, maintain, and convey to this state, a county, or a
105	105	municipality for operation and maintenance macadamized, graveled,
106	106	or paved roads, or improvements, including storm drainage, in aid
107	107	of those roads.
108	108	Sec. 7903A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
109	109	road project must meet all applicable construction standards,
110	110	zoning and subdivision requirements, and regulations of each
111	111	municipality in whose corporate limits or extraterritorial
112	112	jurisdiction the road project is located.
113	113	(b) If a road project is not located in the corporate limits
114	114	or extraterritorial jurisdiction of a municipality, the road
115	115	project must meet all applicable construction standards,
116	116	subdivision requirements, and regulations of each county in which
117	117	the road project is located.
118	118	(c) If the state will maintain and operate the road, the
119	119	Texas Transportation Commission must approve the plans and
120	120	specifications of the road project.
121	121	Sec. 7903A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
122	122	ORDINANCE OR RESOLUTION. The district shall comply with all
123	123	applicable requirements of any ordinance or resolution that is
124	124	adopted under Section 54.016 or 54.0165, Water Code, and that
125	125	consents to the creation of the district or to the inclusion of land
126	126	in the district.
127	127	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
128	128	Sec. 7903A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
129	129	The district may issue, without an election, bonds and other
130	130	obligations secured by:
131	131	(1) revenue other than ad valorem taxes; or
132	132	(2) contract payments described by Section
133	133	7903A.0403.
134	134	(b) The district must hold an election in the manner
135	135	provided by Chapters 49 and 54, Water Code, to obtain voter approval
136	136	before the district may impose an ad valorem tax or issue bonds
137	137	payable from ad valorem taxes.
138	138	(c) The district may not issue bonds payable from ad valorem
139	139	taxes to finance a road project unless the issuance is approved by a
140	140	vote of a two-thirds majority of the district voters voting at an
141	141	election held for that purpose.
142	142	Sec. 7903A.0402. OPERATION AND MAINTENANCE TAX. (a) If
143	143	authorized at an election held under Section 7903A.0401, the
144	144	district may impose an operation and maintenance tax on taxable
145	145	property in the district in accordance with Section 49.107, Water
146	146	Code.
147	147	(b) The board shall determine the tax rate. The rate may not
148	148	exceed the rate approved at the election.
149	149	Sec. 7903A.0403. CONTRACT TAXES. (a) In accordance with
150	150	Section 49.108, Water Code, the district may impose a tax other than
151	151	an operation and maintenance tax and use the revenue derived from
152	152	the tax to make payments under a contract after the provisions of
153	153	the contract have been approved by a majority of the district voters
154	154	voting at an election held for that purpose.
155	155	(b) A contract approved by the district voters may contain a
156	156	provision stating that the contract may be modified or amended by
157	157	the board without further voter approval.
158	158	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
159	159	Sec. 7903A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
160	160	OBLIGATIONS. The district may issue bonds or other obligations
161	161	payable wholly or partly from ad valorem taxes, impact fees,
162	162	revenue, contract payments, grants, or other district money, or any
163	163	combination of those sources, to pay for any authorized district
164	164	purpose.
165	165	Sec. 7903A.0502. TAXES FOR BONDS. At the time the district
166	166	issues bonds payable wholly or partly from ad valorem taxes, the
167	167	board shall provide for the annual imposition of a continuing
168	168	direct ad valorem tax, without limit as to rate or amount, while all
169	169	or part of the bonds are outstanding as required and in the manner
170	170	provided by Sections 54.601 and 54.602, Water Code.
171	171	Sec. 7903A.0503. BONDS FOR ROAD PROJECTS. At the time of
172	172	issuance, the total principal amount of bonds or other obligations
173	173	issued or incurred to finance road projects and payable from ad
174	174	valorem taxes may not exceed one-fourth of the assessed value of the
175	175	real property in the district.
176	176	SECTION 2. The Harris-Waller Counties Municipal Utility
177	177	District No. 5 initially includes all the territory contained in
178	178	the following area:
179	179	Being a tract of land containing 45.924 acres (2,000,467
180	180	square feet) located in the J. Gibbons, Abstract Number (No.) 133 in
181	181	Harris County and the J. Gibbons Survey, Abstract No. 286 in Waller
182	182	County, Texas; Said 45.924 acre tract being all of a called 45.7143
183	183	acre tract recorded in the name of Thomas F. Mathis, Jr., Ronald
184	184	Gene Mathis and Cathy Mathis Willhoite in Volume 339, Page 6 of the
185	185	Waller County Deed Records (W.C.D.R.) and in Harris County Clerk's
186	186	File Number (H.C.C.F. No.) H603706, (all bearings are based on the
187	187	Texas Coordinate System of 1983 (NAD83), South Central Zone, per
188	188	GPS observations):
189	189	Beginning at a 1-inch iron pipe found on the occupied West
190	190	Right-Of-Way (R.O.W.) line of Mathis Road (called 99 feet wide in
191	191	Volume 17, Page 222 of the Harris County Deed Records (H.C.D.R.) and
192	192	shown as 66 feet wide on the Harris County Engineering Department
193	193	R.O.W. Map No. 3912, Sec. 1, 1984), said pipe being at the northeast
194	194	corner of a called 45.86 acre tract recorded in the name of Laretta
195	195	Rena Callaway in H.C.C.F. No. U998001, for the southeast corner of
196	196	the herein described tract, from which found 1/2-inch iron pipe for
197	197	the southeast corner of said 45.86 acre tract bears South 02 degrees
198	198	31 minutes 13 seconds East, a distance of 605.89 feet;
199	199	Thence, with the line common to said 45.86 acre tract and said
200	200	45.7143 acre tract, South 87 degrees 45 minutes 20 seconds West, a
201	201	distance of 3314.83 feet (called 3297.22 feet) to a 5/8-inch iron
202	202	rod with a Miller Survey Group (MSG) cap set on the east line of a
203	203	called 36.3038 acre tract, recorded in the name of Leslie W. Lofton
204	204	and Catherine A. Lofton in Volume 670, Page 885 of the W.C.D.R.,
205	205	same being the northwest corner of said 45.86 acre tract for the
206	206	southwest corner of said 45.7143 acre tract and the herein
207	207	described tract, from which a found 3/4-inch pinch top pipe bears
208	208	South 01 degrees 57 minutes 35 seconds East, a distance of 604.28
209	209	feet;
210	210	Thence, with the line common to said 36.3038 acre tract and
211	211	said 45.7143 acre tract, North 01 degrees 57 minutes 35 seconds
212	212	West, a distance of 603.94 feet to a 5/8-inch iron rod with a MSG cap
213	213	set at the southwest corner of a called 37.759 acre tract of land
214	214	recorded in the name of Brandon J. Cotton, et.al. in H.C.C.F.
215	215	No. W570059, for the northwest corner of said 45.7143 acre tract
216	216	and the herein described tract, from which a found 5/8-inch iron rod
217	217	at the northwest corner of said 37.759 acre tract bears North 01
218	218	degrees 57 minutes 35 seconds West, a distance of 697.56 feet and
219	219	from which a found 5/8-inch iron rod bears North 07 degrees 06
220	220	minutes West, a distance of 7.0 feet;
221	221	Thence, with the south line of a called 37.759 acre tract and
222	222	the south line of a called 5.7142 acre tract recorded in the name of
223	223	Jesus Duran in RP-2016-303676 of the Official Public Records of
224	224	Real Property of Harris County, Texas (O.P.R.R.P.H.C.T.), same
225	225	being the north line of said 45.7143 acre tract, North 87 degrees 45
226	226	minutes 20 seconds East, at a distance of 1649.83 feet pass a found
227	227	2-inch iron pipe at the common south corner of said 37.759 acre
228	228	tract and said 5.7142 acre tract, and continue for a total distance
229	229	of 3309.87 feet (called 3297.22 feet) to a 5/8-inch iron rod with a
230	230	MSG cap set on the west R.O.W. line of said Mathis Road, at the
231	231	southeast corner of said 5.7142 acre tract, for the northeast
232	232	corner of said 45.7143 acre tract and the herein described tract,
233	233	from which a found 3/4-inch iron pipe at the northeast corner of
234	234	said 5.7142 acre tract, bears North 02 degrees 25 minutes 47 seconds
235	235	West, a distance of 150.00 feet;
236	236	Thence, with the west R.O.W. line of said Mathis Road, same
237	237	being the east line of said 45.7143 acre tract, South 02 degrees 25
238	238	minutes 47 seconds East, a distance of 603.94 feet to the Point of
239	239	Beginning and containing 45.924 acres (2,000,467 square feet) of
240	240	land.
241	241	SECTION 3. (a) The legal notice of the intention to
242	242	introduce this Act, setting forth the general substance of this
243	243	Act, has been published as provided by law, and the notice and a
244	244	copy of this Act have been furnished to all persons, agencies,
245	245	officials, or entities to which they are required to be furnished
246	246	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
247	247	Government Code.
248	248	(b) The governor, one of the required recipients, has
249	249	submitted the notice and Act to the Texas Commission on
250	250	Environmental Quality.
251	251	(c) The Texas Commission on Environmental Quality has filed
252	252	its recommendations relating to this Act with the governor, the
253	253	lieutenant governor, and the speaker of the house of
254	254	representatives within the required time.
255	255	(d) All requirements of the constitution and laws of this
256	256	state and the rules and procedures of the legislature with respect
257	257	to the notice, introduction, and passage of this Act are fulfilled
258	258	and accomplished.
259	259	SECTION 4. (a) If this Act does not receive a two-thirds
260	260	vote of all the members elected to each house, Subchapter C, Chapter
261	261	7903A, Special District Local Laws Code, as added by Section 1 of
262	262	this Act, is amended by adding Section 7903A.0306 to read as
263	263	follows:
264	264	Sec. 7903A.0306. NO EMINENT DOMAIN POWER. The district may
265	265	not exercise the power of eminent domain.
266	266	(b) This section is not intended to be an expression of a
267	267	legislative interpretation of the requirements of Section 17(c),
268	268	Article I, Texas Constitution.
269	269	SECTION 5. This Act takes effect immediately if it receives
270	270	a vote of two-thirds of all the members elected to each house, as
271	271	provided by Section 39, Article III, Texas Constitution. If this
272	272	Act does not receive the vote necessary for immediate effect, this
273	273	Act takes effect September 1, 2021.