Texas 2023 - 88th Regular

Texas House Bill HB5347 Compare Versions

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1	1	H.B. No. 5347
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Harris County Municipal Utility
6	6	District No. 597; granting a limited power of eminent domain;
7	7	providing authority to issue bonds; providing authority to impose
8	8	assessments, fees, and taxes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 7997A to read as follows:
12	12	CHAPTER 7997A. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 597
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 7997A.0101. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "Commission" means the Texas Commission on
17	17	Environmental Quality.
18	18	(3) "Director" means a board member.
19	19	(4) "District" means the Harris County Municipal
20	20	Utility District No. 597.
21	21	Sec. 7997A.0102. NATURE OF DISTRICT. The district is a
22	22	municipal utility district created under Section 59, Article XVI,
23	23	Texas Constitution.
24	24	Sec. 7997A.0103. CONFIRMATION AND DIRECTOR ELECTION
25	25	REQUIRED. The temporary directors shall hold an election to
26	26	confirm the creation of the district and to elect five permanent
27	27	directors as provided by Section 49.102, Water Code.
28	28	Sec. 7997A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section
30	30	7997A.0103 until each municipality in whose corporate limits or
31	31	extraterritorial jurisdiction the district is located has
32	32	consented by ordinance or resolution to the creation of the
33	33	district and to the inclusion of land in the district as required by
34	34	applicable law.
35	35	Sec. 7997A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	36	(a) The district is created to serve a public purpose and benefit.
37	37	(b) The district is created to accomplish the purposes of:
38	38	(1) a municipal utility district as provided by
39	39	general law and Section 59, Article XVI, Texas Constitution; and
40	40	(2) Section 52, Article III, Texas Constitution, that
41	41	relate to the construction, acquisition, improvement, operation,
42	42	or maintenance of macadamized, graveled, or paved roads, or
43	43	improvements, including storm drainage, in aid of those roads.
44	44	Sec. 7997A.0106. INITIAL DISTRICT TERRITORY. (a) The
45	45	district is initially composed of the territory described by
46	46	Section 2 of the Act enacting this chapter.
47	47	(b) The boundaries and field notes contained in Section 2 of
48	48	the Act enacting this chapter form a closure. A mistake made in the
49	49	field notes or in copying the field notes in the legislative process
50	50	does not affect the district's:
51	51	(1) organization, existence, or validity;
52	52	(2) right to issue any type of bond for the purposes
53	53	for which the district is created or to pay the principal of and
54	54	interest on a bond;
55	55	(3) right to impose a tax; or
56	56	(4) legality or operation.
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 7997A.0201. GOVERNING BODY; TERMS. (a) The district
59	59	is governed by a board of five elected directors.
60	60	(b) Except as provided by Section 7997A.0202, directors
61	61	serve staggered four-year terms.
62	62	Sec. 7997A.0202. TEMPORARY DIRECTORS. (a) On or after the
63	63	effective date of the Act enacting this chapter, the owner or owners
64	64	of a majority of the assessed value of the real property in the
65	65	district may submit a petition to the commission requesting that
66	66	the commission appoint as temporary directors the five persons
67	67	named in the petition. The commission shall appoint as temporary
68	68	directors the five persons named in the petition.
69	69	(b) Temporary directors serve until the earlier of:
70	70	(1) the date permanent directors are elected under
71	71	Section 7997A.0103; or
72	72	(2) the fourth anniversary of the effective date of
73	73	the Act enacting this chapter.
74	74	(c) If permanent directors have not been elected under
75	75	Section 7997A.0103 and the terms of the temporary directors have
76	76	expired, successor temporary directors shall be appointed or
77	77	reappointed as provided by Subsection (d) to serve terms that
78	78	expire on the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 7997A.0103; or
81	81	(2) the fourth anniversary of the date of the
82	82	appointment or reappointment.
83	83	(d) If Subsection (c) applies, the owner or owners of a
84	84	majority of the assessed value of the real property in the district
85	85	may submit a petition to the commission requesting that the
86	86	commission appoint as successor temporary directors the five
87	87	persons named in the petition. The commission shall appoint as
88	88	successor temporary directors the five persons named in the
89	89	petition.
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 7997A.0301. GENERAL POWERS AND DUTIES. The district
92	92	has the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 7997A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 7997A.0303. AUTHORITY FOR ROAD PROJECTS. Under
100	100	Section 52, Article III, Texas Constitution, the district may
101	101	design, acquire, construct, finance, issue bonds for, improve,
102	102	operate, maintain, and convey to this state, a county, or a
103	103	municipality for operation and maintenance macadamized, graveled,
104	104	or paved roads, or improvements, including storm drainage, in aid
105	105	of those roads.
106	106	Sec. 7997A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	107	road project must meet all applicable construction standards,
108	108	zoning and subdivision requirements, and regulations of each
109	109	municipality in whose corporate limits or extraterritorial
110	110	jurisdiction the road project is located.
111	111	(b) If a road project is not located in the corporate limits
112	112	or extraterritorial jurisdiction of a municipality, the road
113	113	project must meet all applicable construction standards,
114	114	subdivision requirements, and regulations of each county in which
115	115	the road project is located.
116	116	(c) If the state will maintain and operate the road, the
117	117	Texas Transportation Commission must approve the plans and
118	118	specifications of the road project.
119	119	Sec. 7997A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120	120	ORDINANCE OR RESOLUTION. The district shall comply with all
121	121	applicable requirements of any ordinance or resolution that is
122	122	adopted under Section 54.016 or 54.0165, Water Code, and that
123	123	consents to the creation of the district or to the inclusion of land
124	124	in the district.
125	125	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	126	Sec. 7997A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
127	127	The district may issue, without an election, bonds and other
128	128	obligations secured by:
129	129	(1) revenue other than ad valorem taxes; or
130	130	(2) contract payments described by Section
131	131	7997A.0403.
132	132	(b) The district must hold an election in the manner
133	133	provided by Chapters 49 and 54, Water Code, to obtain voter approval
134	134	before the district may impose an ad valorem tax or issue bonds
135	135	payable from ad valorem taxes.
136	136	(c) The district may not issue bonds payable from ad valorem
137	137	taxes to finance a road project unless the issuance is approved by a
138	138	vote of a two-thirds majority of the district voters voting at an
139	139	election held for that purpose.
140	140	Sec. 7997A.0402. OPERATION AND MAINTENANCE TAX. (a) If
141	141	authorized at an election held under Section 7997A.0401, the
142	142	district may impose an operation and maintenance tax on taxable
143	143	property in the district in accordance with Section 49.107, Water
144	144	Code.
145	145	(b) The board shall determine the tax rate. The rate may not
146	146	exceed the rate approved at the election.
147	147	Sec. 7997A.0403. CONTRACT TAXES. (a) In accordance with
148	148	Section 49.108, Water Code, the district may impose a tax other than
149	149	an operation and maintenance tax and use the revenue derived from
150	150	the tax to make payments under a contract after the provisions of
151	151	the contract have been approved by a majority of the district voters
152	152	voting at an election held for that purpose.
153	153	(b) A contract approved by the district voters may contain a
154	154	provision stating that the contract may be modified or amended by
155	155	the board without further voter approval.
156	156	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
157	157	Sec. 7997A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
158	158	OBLIGATIONS. The district may issue bonds or other obligations
159	159	payable wholly or partly from ad valorem taxes, impact fees,
160	160	revenue, contract payments, grants, or other district money, or any
161	161	combination of those sources, to pay for any authorized district
162	162	purpose.
163	163	Sec. 7997A.0502. TAXES FOR BONDS. At the time the district
164	164	issues bonds payable wholly or partly from ad valorem taxes, the
165	165	board shall provide for the annual imposition of a continuing
166	166	direct ad valorem tax, without limit as to rate or amount, while all
167	167	or part of the bonds are outstanding as required and in the manner
168	168	provided by Sections 54.601 and 54.602, Water Code.
169	169	Sec. 7997A.0503. BONDS FOR ROAD PROJECTS. At the time of
170	170	issuance, the total principal amount of bonds or other obligations
171	171	issued or incurred to finance road projects and payable from ad
172	172	valorem taxes may not exceed one-fourth of the assessed value of the
173	173	real property in the district.
174	174	SECTION 2. The Harris County Municipal Utility District No.
175	175	597 initially includes all the territory contained in the following
176	176	area:
177	177	Being 528.9 acres of land located in the Harris County School
178	178	Land Survey, Section 2, Abstract No. 332, Harris County, Texas;
179	179	said 528.9 acres being all of Lots 1-8, 12, and 13, and a portion of
180	180	Lots 9-11 and 14, Section 2 of the plat of Harris County School Land
181	181	Four Leagues as recorded in Volume 17, Page 222-223 of the Harris
182	182	County Deed Records (H.C.D.R.) and being a part of a called 534.5455
183	183	acre tract of land recorded in the name of Bud Adams Ranches, Inc.
184	184	in Clerk's File (C.F.) No. N143996 of the Official Public Records
185	185	of Real Property of Harris County (O.P.R.R.P.H.C.); said 528.9 acre
186	186	tract being more particularly described by metes and bounds as
187	187	follows (all bearings are referenced to the Texas Coordinate
188	188	System, North American Datum of 1983 (NAD83), South Central Zone):
189	189	Beginning at a 5/8-inch iron rod with cap stamped "COSTELLO
190	190	INC" set at the intersection of the southerly right-of-way line of
191	191	Castle Road (width varies), the southerly 29 feet being established
192	192	by said plat of Harris County School Lands Four Leagues and the
193	193	easterly right-of-way line of Stokes Road (called 99 feet wide in
194	194	said plat of Harris County School Land Four Leagues), and being on
195	195	the northerly line of said 534.5455 acre tract, from which a 1-inch
196	196	iron pipe found at the northwest corner of said 534.5455 acre tract
197	197	bears South 87 degrees 44 minutes 32 seconds West, a distance of
198	198	35.24 feet;
199	199	1. Thence, with the northerly line of said 534.5455 acre
200	200	tract and the southerly right-of-way line of said Castle Road,
201	201	North 87 degrees 44 minutes 32 seconds East, a distance of 5,372.87
202	202	feet to a 5/8-inch iron rod with cap stamped "COSTELLO INC" set at
203	203	the northeast corner of said 534.5455 acre tract, being at the
204	204	intersection of the southerly right-of-way line of said Castle Road
205	205	and the westerly right-of-way line of Binford Road (called 66 feet
206	206	wide in aforesaid plat of Harris County School Land Four Leagues);
207	207	2. Thence, with the easterly line of said 534.5455 acre
208	208	tract and the westerly right-of-way line of said Binford Road,
209	209	South 02 degrees 50 minutes 23 seconds East, a distance of 3,550.58
210	210	feet to a 5/8-inch iron rod with cap stamped "COSTELLO INC" set at
211	211	the most easterly southeast corner of said 534.5455 acre tract and
212	212	the northeast corner of a called 2.7481 acre tract of land recorded
213	213	in the name of Mark W. Patrick in C.F. No. V617308 of the
214	214	O.P.R.R.P.H.C., from which a found 5/8-inch iron rod bears North 10
215	215	degrees 36 minutes 46 seconds East, a distance of 11.53 feet;
216	216	3. Thence, with the southerly line of said 534.5455 acre
217	217	tract, the northerly line of said 2.7481 acre tract, the northerly
218	218	line of a called 12.967 acre tract of land recorded in the name of
219	219	David Allen Baskin in C.F. No. 20100430844 of the O.P.R.R.P.H.C.,
220	220	the northerly line of the remainder of a called 13.210 acre tract of
221	221	land recorded in the name of James Hurschel Thompson in C.F.
222	222	No. G150745 of the O.P.R.R.P.H.C., the northerly line of a called
223	223	6.6025 acre tract of land recorded in the name of Dianna Lynn Ward
224	224	in C.F. No. N033932 of the O.P.R.R.P.H.C., and the northerly line
225	225	of a called 64.683 acre tract of land recorded in the name of David
226	226	Allen Baskin in said C.F. No. 20100430844 of the O.P.R.R.P.H.C.,
227	227	South 87 degrees 41 minutes 53 seconds West, a distance of 3,037.38
228	228	feet to a 5/8-inch iron rod found at an interior corner of said
229	229	534.5455 acre tract and the northwest corner of said 64.683 acre
230	230	tract;
231	231	4. Thence, with the easterly line of said 534.5455 acre
232	232	tract and the westerly line of said 64.683 acre tract, South 02
233	233	degrees 34 minutes 04 seconds East, a distance of 1,659.17 feet to a
234	234	5/8-inch iron rod with cap stamped "COSTELLO INC" set on the
235	235	northerly right-of-way line of Vining Road (called 66 feet wide in
236	236	aforesaid plat of Harris County School Land Four Leagues);
237	237	5. Thence, with the northerly right-of-way line of said
238	238	Vining Road, South 87 degrees 35 minutes 44 seconds West, a distance
239	239	of 918.76 feet to a 5/8-inch iron rod with cap stamped "COSTELLO
240	240	INC" set;
241	241	6. Thence, continuing with the northerly right-of-way line
242	242	of said Vining Road, South 87 degrees 23 minutes 41 seconds West, a
243	243	distance of 1,433.80 feet to a 5/8-inch iron rod with cap stamped
244	244	"COSTELLO INC" set at the intersection of the northerly
245	245	right-of-way line of said Vining Road and the easterly right-of-way
246	246	line of aforesaid Stokes Road;
247	247	7. Thence, with the easterly right-of-way line of said
248	248	Stokes Road, North 02 degrees 40 minutes 05 seconds West, a distance
249	249	of 1,895.29 feet to a 5/8-inch iron rod with cap stamped "COSTELLO
250	250	INC" set;
251	251	8. Thence, continuing with the easterly right-of-way line
252	252	of said Stokes Road, North 02 degrees 29 minutes 23 seconds West, a
253	253	distance of 2,393.31 feet to a 5/8-inch iron rod with cap stamped
254	254	"COSTELLO INC" set;
255	255	9. Thence, continuing with the easterly right-of-way line
256	256	of said Stokes Road, North 02 degrees 32 minutes 53 seconds West, a
257	257	distance of 934.41 feet to the Point of Beginning and containing
258	258	528.9 acres of land.
259	259	SECTION 3. (a) The legal notice of the intention to
260	260	introduce this Act, setting forth the general substance of this
261	261	Act, has been published as provided by law, and the notice and a
262	262	copy of this Act have been furnished to all persons, agencies,
263	263	officials, or entities to which they are required to be furnished
264	264	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
265	265	Government Code.
266	266	(b) The governor, one of the required recipients, has
267	267	submitted the notice and Act to the Texas Commission on
268	268	Environmental Quality.
269	269	(c) The Texas Commission on Environmental Quality has filed
270	270	its recommendations relating to this Act with the governor, the
271	271	lieutenant governor, and the speaker of the house of
272	272	representatives within the required time.
273	273	(d) All requirements of the constitution and laws of this
274	274	state and the rules and procedures of the legislature with respect
275	275	to the notice, introduction, and passage of this Act are fulfilled
276	276	and accomplished.
277	277	SECTION 4. (a) If this Act does not receive a two-thirds
278	278	vote of all the members elected to each house, Subchapter C, Chapter
279	279	7997A, Special District Local Laws Code, as added by Section 1 of
280	280	this Act, is amended by adding Section 7997A.0306 to read as
281	281	follows:
282	282	Sec. 7997A.0306. NO EMINENT DOMAIN POWER. The district may
283	283	not exercise the power of eminent domain.
284	284	(b) This section is not intended to be an expression of a
285	285	legislative interpretation of the requirements of Section 17(c),
286	286	Article I, Texas Constitution.
287	287	SECTION 5. This Act takes effect immediately if it receives
288	288	a vote of two-thirds of all the members elected to each house, as
289	289	provided by Section 39, Article III, Texas Constitution. If this
290	290	Act does not receive the vote necessary for immediate effect, this
291	291	Act takes effect September 1, 2023.
292	292	______________________________ ______________________________
293	293	President of the Senate Speaker of the House
294	294	I certify that H.B. No. 5347 was passed by the House on May 2,
295	295	2023, by the following vote: Yeas 110, Nays 35, 2 present, not
296	296	voting.
297	297	______________________________
298	298	Chief Clerk of the House
299	299	I certify that H.B. No. 5347 was passed by the Senate on May
300	300	17, 2023, by the following vote: Yeas 27, Nays 4.
301	301	______________________________
302	302	Secretary of the Senate
303	303	APPROVED: _____________________
304	304	Date
305	305	_____________________
306	306	Governor