Texas 2023 - 88th Regular

Texas House Bill HB5353 Compare Versions

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1	1	88R19189 LRM-F
2	2	By: Oliverson H.B. No. 5353
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. 594; 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 7999A to read as follows:
14	14	CHAPTER 7999A. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 594
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7999A.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. 594.
23	23	Sec. 7999A.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. 7999A.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. 7999A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	7999A.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 as required by
36	36	applicable law.
37	37	Sec. 7999A.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. 7999A.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. 7999A.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 7999A.0202, directors
63	63	serve staggered four-year terms.
64	64	Sec. 7999A.0202. TEMPORARY DIRECTORS. (a) On or after the
65	65	effective date of the Act enacting this chapter, the owner or owners
66	66	of a majority of the assessed value of the real property in the
67	67	district may submit a petition to the commission requesting that
68	68	the commission appoint as temporary directors the five persons
69	69	named in the petition. The commission shall appoint as temporary
70	70	directors the five persons named in the petition.
71	71	(b) Temporary directors serve until the earlier of:
72	72	(1) the date permanent directors are elected under
73	73	Section 7999A.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 7999A.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 7999A.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. 7999A.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. 7999A.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. 7999A.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. 7999A.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. 7999A.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. 7999A.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	7999A.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. 7999A.0402. OPERATION AND MAINTENANCE TAX. (a) If
143	143	authorized at an election held under Section 7999A.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. 7999A.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. 7999A.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. 7999A.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. 7999A.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 County Municipal Utility District No.
177	177	594 initially includes all the territory contained in the following
178	178	area:
179	179	Being 113.297 acres of land located in the William Hurd
180	180	Survey, Abstract 377, Harris County, Texas, and being all of that
181	181	certain called 111.2797 acre tract conveyed to Martens Family
182	182	Partnership Ltd., by an instrument of record in File Number
183	183	20120088210, of the Official Public Records of Real Property of
184	184	said Harris County, Texas, (H.C.O.P.R.R.P.), and all of that
185	185	certain called 2.000 acre save and except tract described in said
186	186	File Number 20120088210, H.C.O.P.R.R.P., said 113.297 acre tract
187	187	being more particularly described by metes and bounds as follows,
188	188	(all bearings referenced to the Texas Coordinate System, South
189	189	Central Zone, NAD 83, 2001 Adjustment):
190	190	BEGINNING at a 1/2-inch iron rod found marking the southwest
191	191	corner of said 111.2797 acre tract, same being the northwest corner
192	192	of that certain called 113.2797 acre tract conveyed to Kimmel
193	193	Decedent's Trust U/T/A 4/28/1999, Irma Kimmel, Trustee (58.09%
194	194	interest) by an instrument of record in File Number RP-2020-77718,
195	195	H.C.O.P.R.R.P. and Kimmel Survivor's Trust U/T/A 4/28/1999, Irma
196	196	Kimmel, Trustee (41.91% interest), by an instrument of record under
197	197	File Number RP-2020-77719, H.C.O.P.R.R.P., said point lying on the
198	198	east line of that certain called 24.6576 acre tract conveyed to
199	199	Allen Arthur Krahn and Rhonda Jean Krahn by an instrument of record
200	200	under File Number RP-2022-293701, H.C.O.P.R.R.P.;
201	201	Thence, North 01° 52' 17" West, along the west line of said
202	202	111.2797 acre tract, same being the east line of said 24.6576 acre
203	203	tract, passing at 76.60 feet the northeast corner of said 24.6576
204	204	acre tract, from which a found 1/2-inch iron rod bears South 86° 15'
205	205	53" East, 0.49 feet, continuing along the west line of said 111.2797
206	206	acre tract, along the east line of that certain called 11.2033 acre
207	207	tract conveyed to Kenneth Ervin Krahn by an instrument of record
208	208	under File Number M592368, H.C.O.P.R.R.P., passing at 497.50 feet a
209	209	5/8-inch iron rod with cap stamped "TONY SWONKE RPLS 4767" found for
210	210	the northeast corner of said 11.2033 acre Kenneth Krahn tract, same
211	211	being the southeast corner of that certain called 11.2033 acre
212	212	tract conveyed to Shirley Ann McKinney by an instrument of record
213	213	under File Number S338090, H.C.O.P.R.R.P., continuing along the
214	214	west line of said 111.2797 acre tract, same being the east line of
215	215	said 11.2033 acre McKinney tract, passing at 886.53 feet the
216	216	northeast corner of said 11.2033 acre McKinney tract, same being
217	217	the southeast corner of that certain called 11.2033 acre tract
218	218	conveyed to Anita Lynn Treichel by an instrument of record under
219	219	File Number S338144, H.C.O.P.R.R.P., from which a found 1/2-inch
220	220	iron rod bears North 88° 34' 47" West, 0.38 feet, continuing along
221	221	the west line of said 111.2791 acre tract, same being the east line
222	222	of said 11.2033 acre Treichel tract, passing at 1,281.61 feet the
223	223	northeast corner of said 11.2033 acre Treichel tract, same being
224	224	the southeast corner of that certain called 11.2033 acre tract
225	225	conveyed to Kathleen Diane Schultz by an instrument of record under
226	226	File Number S338091, H.C.O.P.R.R.P., from which a found 5/8-inch
227	227	iron rod bears North 78° 45' 01" West, 0.49 feet, and continuing
228	228	along a west line of said 111.2791 acre tract, same being the east
229	229	line of said 11.2033 acre Schultz tract for a total distance of
230	230	1,665.30 feet to a 5/8-inch iron rod with cap stamped "LJA SURVEY"
231	231	set for the northwest corner of said 111.2797 acre tract, same being
232	232	the southwest corner of that certain called 114.9706 acre tract
233	233	conveyed to Festival Properties, Inc. (57.5%) and Silvestri
234	234	Investments of Florida, Inc. (42.5%), by an instrument of record
235	235	under File Number RP-2020-302036, H.C.O.P.R.R.P.;
236	236	Thence, North 88° 02' 48" East, departing the east line of
237	237	said 11.2033 acre Schultz tract, along the north line of said
238	238	111.2797 acre tract, same being the south line of said 114.9706 acre
239	239	tract, 2,954.33 feet to a 1/2-inch iron rod found for the northeast
240	240	corner of said 111.2797 acre tract, same being the southeast corner
241	241	of said 114.9706 acre tract, said point lying in the right-of-way of
242	242	Telge Road (called 60 feet wide);
243	243	Thence, South 02° 30' 25" East, along the east line of said
244	244	111.2797 acre tract, 1,665.38 feet to the southeast corner of said
245	245	111.2797 acre tract, same being the northeast corner of the
246	246	aforementioned 113.2797 acre tract, said point lying in the
247	247	right-of-way of said Telge Road, from which a found 5/8-inch iron
248	248	rod bears North 68° 52' 49" East, 0.56 feet;
249	249	Thence, South 88° 02' 48" West, along the south line of said
250	250	111.2797 acre tract common to the north line of said 113.2797 acre
251	251	tract, 2,972.80 feet to the POINT OF BEGINNING and containing
252	252	113.297 acres of land.
253	253	SECTION 3. (a) The legal notice of the intention to
254	254	introduce this Act, setting forth the general substance of this
255	255	Act, has been published as provided by law, and the notice and a
256	256	copy of this Act have been furnished to all persons, agencies,
257	257	officials, or entities to which they are required to be furnished
258	258	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
259	259	Government Code.
260	260	(b) The governor, one of the required recipients, has
261	261	submitted the notice and Act to the Texas Commission on
262	262	Environmental Quality.
263	263	(c) The Texas Commission on Environmental Quality has filed
264	264	its recommendations relating to this Act with the governor, the
265	265	lieutenant governor, and the speaker of the house of
266	266	representatives within the required time.
267	267	(d) All requirements of the constitution and laws of this
268	268	state and the rules and procedures of the legislature with respect
269	269	to the notice, introduction, and passage of this Act are fulfilled
270	270	and accomplished.
271	271	SECTION 4. (a) If this Act does not receive a two-thirds
272	272	vote of all the members elected to each house, Subchapter C, Chapter
273	273	7999A, Special District Local Laws Code, as added by Section 1 of
274	274	this Act, is amended by adding Section 7999A.0306 to read as
275	275	follows:
276	276	Sec. 7999A.0306. NO EMINENT DOMAIN POWER. The district may
277	277	not exercise the power of eminent domain.
278	278	(b) This section is not intended to be an expression of a
279	279	legislative interpretation of the requirements of Section 17(c),
280	280	Article I, Texas Constitution.
281	281	SECTION 5. This Act takes effect immediately if it receives
282	282	a vote of two-thirds of all the members elected to each house, as
283	283	provided by Section 39, Article III, Texas Constitution. If this
284	284	Act does not receive the vote necessary for immediate effect, this
285	285	Act takes effect September 1, 2023.