Texas 2021 - 87th Regular

Texas Senate Bill SB2180 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2180
	1	+	By: Bettencourt S.B. No. 2180
	2	+	(Oliverson)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the creation of the Harris County Municipal Utility
6	8		District No. 581; granting a limited power of eminent domain;
7	9		providing authority to issue bonds; providing authority to impose
8	10		assessments, fees, and taxes.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	13		Code, is amended by adding Chapter 7924A to read as follows:
12	14		CHAPTER 7924A. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 581
13	15		SUBCHAPTER A. GENERAL PROVISIONS
14	16		Sec. 7924A.0101. DEFINITIONS. In this chapter:
15	17		(1) "Board" means the district's board of directors.
16	18		(2) "Commission" means the Texas Commission on
17	19		Environmental Quality.
18	20		(3) "Director" means a board member.
19	21		(4) "District" means the Harris County Municipal
20	22		Utility District No. 581.
21	23		Sec. 7924A.0102. NATURE OF DISTRICT. The district is a
22	24		municipal utility district created under Section 59, Article XVI,
23	25		Texas Constitution.
24	26		Sec. 7924A.0103. CONFIRMATION AND DIRECTOR ELECTION
25	27		REQUIRED. The temporary directors shall hold an election to
26	28		confirm the creation of the district and to elect five permanent
27	29		directors as provided by Section 49.102, Water Code.
28	30		Sec. 7924A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	31		temporary directors may not hold an election under Section
30	32		7924A.0103 until each municipality in whose corporate limits or
31	33		extraterritorial jurisdiction the district is located has
32	34		consented by ordinance or resolution to the creation of the
33	35		district and to the inclusion of land in the district.
34	36		Sec. 7924A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	37		(a) The district is created to serve a public purpose and benefit.
36	38		(b) The district is created to accomplish the purposes of:
37	39		(1) a municipal utility district as provided by
38	40		general law and Section 59, Article XVI, Texas Constitution; and
39	41		(2) Section 52, Article III, Texas Constitution, that
40	42		relate to the construction, acquisition, improvement, operation,
41	43		or maintenance of macadamized, graveled, or paved roads, or
42	44		improvements, including storm drainage, in aid of those roads.
43	45		Sec. 7924A.0106. INITIAL DISTRICT TERRITORY. (a) The
44	46		district is initially composed of the territory described by
45	47		Section 2 of the Act enacting this chapter.
46	48		(b) The boundaries and field notes contained in Section 2 of
47	49		the Act enacting this chapter form a closure. A mistake made in the
48	50		field notes or in copying the field notes in the legislative process
49	51		does not affect the district's:
50	52		(1) organization, existence, or validity;
51	53		(2) right to issue any type of bond for the purposes
52	54		for which the district is created or to pay the principal of and
53	55		interest on a bond;
54	56		(3) right to impose a tax; or
55	57		(4) legality or operation.
56	58		SUBCHAPTER B. BOARD OF DIRECTORS
57	59		Sec. 7924A.0201. GOVERNING BODY; TERMS. (a) The district
58	60		is governed by a board of five elected directors.
59	61		(b) Except as provided by Section 7924A.0202, directors
60	62		serve staggered four-year terms.
61	63		Sec. 7924A.0202. TEMPORARY DIRECTORS. (a) On or after the
62	64		effective date of the Act enacting this chapter, the owner or owners
63	65		of a majority of the assessed value of the real property in the
64	66		district may submit a petition to the commission requesting that
65	67		the commission appoint as temporary directors the five persons
66	68		named in the petition. The commission shall appoint as temporary
67	69		directors the five persons named in the petition.
68	70		(b) Temporary directors serve until the earlier of:
69	71		(1) the date permanent directors are elected under
70	72		Section 7924A.0103; or
71	73		(2) the fourth anniversary of the effective date of
72	74		the Act enacting this chapter.
73	75		(c) If permanent directors have not been elected under
74	76		Section 7924A.0103 and the terms of the temporary directors have
75	77		expired, successor temporary directors shall be appointed or
76	78		reappointed as provided by Subsection (d) to serve terms that
77	79		expire on the earlier of:
78	80		(1) the date permanent directors are elected under
79	81		Section 7924A.0103; or
80	82		(2) the fourth anniversary of the date of the
81	83		appointment or reappointment.
82	84		(d) If Subsection (c) applies, the owner or owners of a
83	85		majority of the assessed value of the real property in the district
84	86		may submit a petition to the commission requesting that the
85	87		commission appoint as successor temporary directors the five
86	88		persons named in the petition. The commission shall appoint as
87	89		successor temporary directors the five persons named in the
88	90		petition.
89	91		SUBCHAPTER C. POWERS AND DUTIES
90	92		Sec. 7924A.0301. GENERAL POWERS AND DUTIES. The district
91	93		has the powers and duties necessary to accomplish the purposes for
92	94		which the district is created.
93	95		Sec. 7924A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	96		DUTIES. The district has the powers and duties provided by the
95	97		general law of this state, including Chapters 49 and 54, Water Code,
96	98		applicable to municipal utility districts created under Section 59,
97	99		Article XVI, Texas Constitution.
98	100		Sec. 7924A.0303. AUTHORITY FOR ROAD PROJECTS. Under
99	101		Section 52, Article III, Texas Constitution, the district may
100	102		design, acquire, construct, finance, issue bonds for, improve,
101	103		operate, maintain, and convey to this state, a county, or a
102	104		municipality for operation and maintenance macadamized, graveled,
103	105		or paved roads, or improvements, including storm drainage, in aid
104	106		of those roads.
105	107		Sec. 7924A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	108		road project must meet all applicable construction standards,
107	109		zoning and subdivision requirements, and regulations of each
108	110		municipality in whose corporate limits or extraterritorial
109	111		jurisdiction the road project is located.
110	112		(b) If a road project is not located in the corporate limits
111	113		or extraterritorial jurisdiction of a municipality, the road
112	114		project must meet all applicable construction standards,
113	115		subdivision requirements, and regulations of each county in which
114	116		the road project is located.
115	117		(c) If the state will maintain and operate the road, the
116	118		Texas Transportation Commission must approve the plans and
117	119		specifications of the road project.
118	120		Sec. 7924A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
119	121		ORDINANCE OR RESOLUTION. The district shall comply with all
120	122		applicable requirements of any ordinance or resolution that is
121	123		adopted under Section 54.016 or 54.0165, Water Code, and that
122	124		consents to the creation of the district or to the inclusion of land
123	125		in the district.
124	126		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
125	127		Sec. 7924A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
126	128		The district may issue, without an election, bonds and other
127	129		obligations secured by:
128	130		(1) revenue other than ad valorem taxes; or
129	131		(2) contract payments described by Section
130	132		7924A.0403.
131	133		(b) The district must hold an election in the manner
132	134		provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	135		before the district may impose an ad valorem tax or issue bonds
134	136		payable from ad valorem taxes.
135	137		(c) The district may not issue bonds payable from ad valorem
136	138		taxes to finance a road project unless the issuance is approved by a
137	139		vote of a two-thirds majority of the district voters voting at an
138	140		election held for that purpose.
139	141		Sec. 7924A.0402. OPERATION AND MAINTENANCE TAX. (a) If
140	142		authorized at an election held under Section 7924A.0401, the
141	143		district may impose an operation and maintenance tax on taxable
142	144		property in the district in accordance with Section 49.107, Water
143	145		Code.
144	146		(b) The board shall determine the tax rate. The rate may not
145	147		exceed the rate approved at the election.
146	148		Sec. 7924A.0403. CONTRACT TAXES. (a) In accordance with
147	149		Section 49.108, Water Code, the district may impose a tax other than
148	150		an operation and maintenance tax and use the revenue derived from
149	151		the tax to make payments under a contract after the provisions of
150	152		the contract have been approved by a majority of the district voters
151	153		voting at an election held for that purpose.
152	154		(b) A contract approved by the district voters may contain a
153	155		provision stating that the contract may be modified or amended by
154	156		the board without further voter approval.
155	157		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
156	158		Sec. 7924A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
157	159		OBLIGATIONS. The district may issue bonds or other obligations
158	160		payable wholly or partly from ad valorem taxes, impact fees,
159	161		revenue, contract payments, grants, or other district money, or any
160	162		combination of those sources, to pay for any authorized district
161	163		purpose.
162	164		Sec. 7924A.0502. TAXES FOR BONDS. At the time the district
163	165		issues bonds payable wholly or partly from ad valorem taxes, the
164	166		board shall provide for the annual imposition of a continuing
165	167		direct ad valorem tax, without limit as to rate or amount, while all
166	168		or part of the bonds are outstanding as required and in the manner
167	169		provided by Sections 54.601 and 54.602, Water Code.
168	170		Sec. 7924A.0503. BONDS FOR ROAD PROJECTS. At the time of
169	171		issuance, the total principal amount of bonds or other obligations
170	172		issued or incurred to finance road projects and payable from ad
171	173		valorem taxes may not exceed one-fourth of the assessed value of the
172	174		real property in the district.
173	175		SECTION 2. The Harris County Municipal Utility District
174	176		No. 581 initially includes all the territory contained in the
175	177		following area:
176	178		TRACT 1 65.233 ACRES
177	179		A TRACT OR PARCEL CONTAINING 65.233 ACRES OR 2,841,562 SQUARE
178	180		FEET OF LAND SITUATED IN THE WILLIAM SETTLE SURVEY, ABSTRACT NO.
179	181		705, HARRIS COUNTY, TEXAS, BEING THE RESIDUE OF A CALLED 66.07629
180	182		ACRE TRACT OF LAND, CONVEYED TO CYPRESS ROSE HILL, LTD. #1, AS
181	183		RECORDED UNDER HARRIS COUNTY CLERK'S FILE (H.C.C.F. NO. E031964
182	184		WITH SAID 65.233 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY
183	185		METES AND BOUNDS AS FOLLOWS, WITH ALL BEARINGS BASED ON THE TEXAS
184	186		STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE (NAD 83):
185	187		BEGINNING AT A CAPPED 5/8 INCH IRON ROD FOUND ON THE EAST
186	188		RIGHT-OF-WAY (R.O.W.) LINE OF CYPRESS ROSEHILL ROAD (100 FEET WIDE)
187	189		AS RECORDED UNDER H.C.C.F. NOS. 20080044631, 20080092981, AND
188	190		20080229033, FOR THE SOUTHWEST CORNER OF UNRESTRICTED RESERVE "F"
189	191		OF LAKES AT CYPRESS HILL, MAP OR PLAT THEREOF RECORDED UNDER FILM
190	192		CODE NO. 350084 OF THE HARRIS COUNTY MAP RECORDS (H.C.M.R.) AND THE
191	193		NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;
192	194		THENCE, NORTH 87 DEG. 47 MIN. 13 SEC. EAST, ALONG THE COMMON
193	195		LINE OF SAID UNRESTRICTED RESERVE "F", SAID CALLED 66.07629 ACRE
194	196		TRACT, AND LANDSCAPE RESERVE "B" OF SAID LAKES AT CYPRESS HILL, A
195	197		DISTANCE OF 1,516.12 FEET TO A 5/8 INCH IRON ROD FOUND FOR THE
196	198		NORTHEAST CORNER OF SAID CALLED 66.07629 ACRE TRACT AND THE HEREIN
197	199		DESCRIBED TRACT;
198	200		THENCE, SOUTH 02 DEG. 28 MIN. 37 SEC. EAST, ALONG THE EAST
199	201		LINE OF SAID CALLED 66.07629 ACRE TRACT, AND THE WEST LINE OF
200	202		RESERVE "B" OF SAID LAKES AT CYPRESS HILL, A DISTANCE OF 5.64 FEET
201	203		TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" SET FOR THE
202	204		NORTHWEST CORNER OF A CALLED 46.8686 ACRE TRACT OF LAND, CONVEYED TO
203	205		DAVID BRUCE JONES, AS RECORDED UNDER H.C.C.F. NO. 20110039327, FROM
204	206		WHICH A FOUND 1/2 INCH IRON ROD BEARS FOR REFERENCE NORTH 06 DEG. 24
205	207		MIN. 48 SEC. WEST, A DISTANCE OF 1.34 FEET;
206	208		THENCE, SOUTH 02 DEG. 28 MIN. 47 SEC. EAST, ALONG THE COMMON
207	209		LINE OF SAID CALLED 66.07629 ACRE TRACT, SAID CALLED 46.8686 ACRE
208	210		TRACT, A CALLED 2.7153 ACRE TRACT OF LAND CONVEYED TO DAVID BRUCE
209	211		JONES, AS RECORDED UNDER H.C.C.F. NO. 20110039327, AND A CALLED
210	212		30.0000 ACRE TRACT OF LAND, CONVEYED TO DAVID BRUCE JONES, AS
211	213		RECORDED UNDER H.C.C.F. NO. M282878, A DISTANCE OF 1,868.53 FEET TO
212	214		AN AXLE FOUND FOR THE SOUTHEAST CORNER OF SAID CALLED 66.07629 ACRE
213	215		TRACT;
214	216		THENCE, SOUTH 88 DEG. 10 MIN. 44 SEC. WEST, ALONG THE SOUTH
215	217		LINE OF SAID CALLED 66.07629 ACRE TRACT, A DISTANCE OF 1,524.78 FEET
216	218		TO A CAPPED 5/8 INCH IRON ROD STAMPED "S & V" FOUND ON THE EAST
217	219		R.O.W. LINE OF SAID CYPRESS ROSEHILL ROAD, FOR THE NORTHWEST CORNER
218	220		OF A CALLED 2.6547 ACRE TRACT, CONVEYED TO NORWEST MORTGAGE, INC. AS
219	221		RECORDED UNDER H.C.C.F. NO. R856420;
220	222		THENCE, NORTH 02 DEG. 12 MIN. 58 SEC. WEST, ALONG THE EAST
221	223		R.O.W. LINE OF SAID CYPRESS ROSEHILL ROAD, A DISTANCE OF 1,863.72
222	224		FEET TO THE POINT OF BEGINNING AND CONTAINING 65.233 ACRES OR
223	225		2,841,562 SQUARE FEET OF LAND, AS SHOWN ON JOB NO. 54760, PREPARED
224	226		BY WINDROSE LAND SERVICES.
225	227		TRACT 2 (58.396 ACRES)
226	228		A 58.396 acre, or 2,543,742 square feet more or less, tract of
227	229		land being the remaining portion of the 58.735 acre tract conveyed
228	230		to Hally Beth Walker Poindexter, as recorded in Clerk's File
229	231		No. E465875 in the Official Public Records of Real Property of
230	232		Harris County, Texas, in the F. Benignus Survey, Abstract 1463,
231	233		Harris County, Texas. Said 58.396 acre tract being more fully
232	234		described as follows, with bearings based on the North American
233	235		Datum of 1983 NAD 83 (NA2011) epoch 2010.00, from the Texas
234	236		Coordinate System established for the South Central Zone.
235	237		BEGINNING: At a found 3/4 inch iron rod on the north
236	238		right-of-way line of Grant Road, a 60-foot right-of-way, at the
237	239		southwest corner of said 58.735 acre tract, at the southeast corner
238	240		of the 3.975 acre tract conveyed to O'Conner Properties, No. One,
239	241		LLC, as recorded in Clerk's File No. 20140112827 in the Official
240	242		Public Records of Real Property of Harris County, Texas;
241	243		THENCE: N 02°11'41" W, along and with the west line of said
242	244		58.735 acre tract, the east line of said 3.975 acre tract, the east
243	245		line of the 10.2141 acre tract, conveyed to Emmanuel Baptist Church
244	246		of Houston Texas, as recorded in Clerk's File No. 20140542621, in
245	247		the Official Public Records of Real Property of Harris County,
246	248		Texas, the east line of the 6.6513 acre tract, conveyed to Doyle Kay
247	249		and Cynthia L. Kay, as recorded in Clerk's File No. 20080188383,
248	250		and the east line of the 3.9999 acre tract, conveyed to Robert R.
249	251		Hodge and Amy F. Vanzant-Hodge, as recorded in Clerk's File No
250	252		20070607517 in the Official Public Records of Real Property of
251	253		Harris County, Texas, a distance of 1737.23 feet to a found 3/4 inch
252	254		iron pipe on the south line of the 66.07529 acre tract conveyed to
253	255		Cypress Rose Hill, Ltd. #1, as recorded in Clerk's File
254	256		No. E0319641 in the Official Public Records of Real Property of
255	257		Harris County, Texas, at the northeast corner of said 3.9999 acre
256	258		tract, for the northwest corner of this tract;
257	259		THENCE: N 87°43'56" E, along and with the south line of said
258	260		66.07529 acre tract, a distance of 213.80 feet to a found axle on
259	261		the west line of the 46.8686 acre tract, conveyed to Doyle E. Jones
260	262		and Bruce Jones, as recorded in Clerk's File No. K944940 in the
261	263		Official Public Records of Real Property of Harris County, Texas,
262	264		and described in Document No. D581566 in the Official Public
263	265		Records of Real Property of Harris County, Texas, at the southeast
264	266		corner of said 66.07529 acre tract;
265	267		THENCE: S 02°11'32" E, along and with the west line of said
266	268		46.8686 acre tract and an east line of said 58.735 acre tract, a
267	269		distance of 455.96 feet to a found 1/2 inch iron rod, at the
268	270		southwest corner of said 46.8686 acre tract and an interior corner
269	271		of said 58.735 acre tract;
270	272		THENCE: N 87°57'55" E, along and with a north line of said
271	273		58.735 acre tract, the south line of said 46.8686 acre tract, and
272	274		the south line of a called 5.720 acre tract conveyed to Manuel
273	275		Cuevas and Lorena Cuevas, as recorded in Clerk's File
274	276		No. RP-2019-9855 in the Official Public Records of Real Property of
275	277		Harris County, Texas, a distance of 1700.29 feet to a found 3/4 inch
276	278		iron pipe in the west line of the 1.15 acre tract conveyed to Garon
277	279		W. Hano and Nicole B. Hano, as recorded in Clerk's File
278	280		No. 20130173499 in the Official Public Records of Real Property of
279	281		Harris County, Texas, for the northeast corner of this tract;
280	282		THENCE: S 02°02'13" E, along and with an east line of said
281	283		58.735 acre tract, the west line of said 1.15 acre tract and the
282	284		west right-of-way line of Kitzman Road, a variable width
283	285		right-of-way, a distance of 371.42 feet to a set 5/8 inch iron rod
284	286		with a yellow cap marked "Pape-Dawson", at the north corner of the
285	287		0.2038 acre right-of-way dedication conveyed to Harris County,
286	288		Texas, as recorded in Volume 3765, Page 717 in the Deed Records of
287	289		Harris County, Texas;
288	290		THENCE: Along and with the west right-of-way line of said
289	291		Kitzman Road and the west line of said 0.2038 acre tract the
290	292		following bearings and distances:
291	293		Southwesterly, along a non-tangent curve to the left,
292	294		said curve having a radial bearing of S 77°53'45" E, a radius
293	295		of 330.00 feet, a central angle of 14°08'28", a chord bearing
294	296		and distance of S 05°02'01" W, 81.24 feet, for an arc length
295	297		of 81.45 feet to a set 5/8 inch iron rod with a yellow cap
296	298		marked "Pape-Dawson" for the point of tangency;
297	299		THENCE: S 02°02'13" E, a distance of 833.64 feet to a found
298	300		5/8 inch iron rod at the intersection of the west right-of-way line
299	301		of said Kitzman Road and the north right-of-way line of said Grant
300	302		Road, at the southwest corner of said 0.2038 acre tract and the
301	303		southeast corner of this tract;
302	304		THENCE: S 88°04'20" W, along and with the north right-of-way
303	305		line of said Grant Road, a distance of 1900.54 feet to the POINT OF
304	306		BEGINNING, and containing 58.396 acres in Harris County, Texas.
305	307		Said tract being described in accordance with a survey made on the
306	308		ground and a survey description and map prepared under job number
307	309		49226-19 by Pape-Dawson Engineers, Inc.
308	310		SECTION 3. (a) The legal notice of the intention to
309	311		introduce this Act, setting forth the general substance of this
310	312		Act, has been published as provided by law, and the notice and a
311	313		copy of this Act have been furnished to all persons, agencies,
312	314		officials, or entities to which they are required to be furnished
313	315		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
314	316		Government Code.
315	317		(b) The governor, one of the required recipients, has
316	318		submitted the notice and Act to the Texas Commission on
317	319		Environmental Quality.
318	320		(c) The Texas Commission on Environmental Quality has filed
319	321		its recommendations relating to this Act with the governor, the
320	322		lieutenant governor, and the speaker of the house of
321	323		representatives within the required time.
322	324		(d) All requirements of the constitution and laws of this
323	325		state and the rules and procedures of the legislature with respect
324	326		to the notice, introduction, and passage of this Act are fulfilled
325	327		and accomplished.
326	328		SECTION 4. (a) If this Act does not receive a two-thirds
327	329		vote of all the members elected to each house, Subchapter C, Chapter
328	330		7924A, Special District Local Laws Code, as added by Section 1 of
329	331		this Act, is amended by adding Section 7924A.0306 to read as
330	332		follows:
331	333		Sec. 7924A.0306. NO EMINENT DOMAIN POWER. The district may
332	334		not exercise the power of eminent domain.
333	335		(b) This section is not intended to be an expression of a
334	336		legislative interpretation of the requirements of Section 17(c),
335	337		Article I, Texas Constitution.
336	338		SECTION 5. This Act takes effect immediately if it receives
337	339		a vote of two-thirds of all the members elected to each house, as
338	340		provided by Section 39, Article III, Texas Constitution. If this
339	341		Act does not receive the vote necessary for immediate effect, this
340	342		Act takes effect September 1, 2021.
341		-	______________________________ ______________________________
342		-	President of the Senate Speaker of the House
343		-	I hereby certify that S.B. No. 2180 passed the Senate on
344		-	April 29, 2021, by the following vote: Yeas 31, Nays 0.
345		-	______________________________
346		-	Secretary of the Senate
347		-	I hereby certify that S.B. No. 2180 passed the House on
348		-	May 8, 2021, by the following vote: Yeas 108, Nays 31, two
349		-	present not voting.
350		-	______________________________
351		-	Chief Clerk of the House
352		-	Approved:
353		-	______________________________
354		-	Date
355		-	______________________________
356		-	Governor