Texas 2023 - 88th Regular

Texas Senate Bill SB2599 Compare Versions

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1	1	S.B. No. 2599
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Harris County Municipal Utility
6	6	District No. 594; 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 7999A to read as follows:
12	12	CHAPTER 7999A. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 594
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 7999A.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. 594.
21	21	Sec. 7999A.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. 7999A.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. 7999A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section
30	30	7999A.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. 7999A.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. 7999A.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. 7999A.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 7999A.0202, directors
61	61	serve staggered four-year terms.
62	62	Sec. 7999A.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 7999A.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 7999A.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 7999A.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. 7999A.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. 7999A.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. 7999A.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. 7999A.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. 7999A.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. 7999A.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	7999A.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. 7999A.0402. OPERATION AND MAINTENANCE TAX. (a) If
141	141	authorized at an election held under Section 7999A.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. 7999A.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. 7999A.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. 7999A.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. 7999A.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	594 initially includes all the territory contained in the following
176	176	area:
177	177	Being 113.297 acres of land located in the William Hurd
178	178	Survey, Abstract 377, Harris County, Texas, and being all of that
179	179	certain called 111.2797 acre tract conveyed to Martens Family
180	180	Partnership Ltd., by an instrument of record in File Number
181	181	20120088210, of the Official Public Records of Real Property of
182	182	said Harris County, Texas, (H.C.O.P.R.R.P.), and all of that
183	183	certain called 2.000 acre save and except tract described in said
184	184	File Number 20120088210, H.C.O.P.R.R.P., said 113.297 acre tract
185	185	being more particularly described by metes and bounds as follows,
186	186	(all bearings referenced to the Texas Coordinate System, South
187	187	Central Zone, NAD 83, 2001 Adjustment):
188	188	BEGINNING at a 1/2-inch iron rod found marking the southwest
189	189	corner of said 111.2797 acre tract, same being the northwest corner
190	190	of that certain called 113.2797 acre tract conveyed to Kimmel
191	191	Decedent's Trust U/T/A 4/28/1999, Irma Kimmel, Trustee (58.09%
192	192	interest) by an instrument of record in File Number RP-2020-77718,
193	193	H.C.O.P.R.R.P. and Kimmel Survivor's Trust U/T/A 4/28/1999, Irma
194	194	Kimmel, Trustee (41.91% interest), by an instrument of record under
195	195	File Number RP-2020-77719, H.C.O.P.R.R.P., said point lying on the
196	196	east line of that certain called 24.6576 acre tract conveyed to
197	197	Allen Arthur Krahn and Rhonda Jean Krahn by an instrument of record
198	198	under File Number RP-2022-293701, H.C.O.P.R.R.P.;
199	199	Thence, North 01° 52' 17" West, along the west line of said
200	200	111.2797 acre tract, same being the east line of said 24.6576 acre
201	201	tract, passing at 76.60 feet the northeast corner of said 24.6576
202	202	acre tract, from which a found 1/2-inch iron rod bears South 86° 15'
203	203	53" East, 0.49 feet, continuing along the west line of said 111.2797
204	204	acre tract, along the east line of that certain called 11.2033 acre
205	205	tract conveyed to Kenneth Ervin Krahn by an instrument of record
206	206	under File Number M592368, H.C.O.P.R.R.P., passing at 497.50 feet a
207	207	5/8-inch iron rod with cap stamped "TONY SWONKE RPLS 4767" found for
208	208	the northeast corner of said 11.2033 acre Kenneth Krahn tract, same
209	209	being the southeast corner of that certain called 11.2033 acre
210	210	tract conveyed to Shirley Ann McKinney by an instrument of record
211	211	under File Number S338090, H.C.O.P.R.R.P., continuing along the
212	212	west line of said 111.2797 acre tract, same being the east line of
213	213	said 11.2033 acre McKinney tract, passing at 886.53 feet the
214	214	northeast corner of said 11.2033 acre McKinney tract, same being
215	215	the southeast corner of that certain called 11.2033 acre tract
216	216	conveyed to Anita Lynn Treichel by an instrument of record under
217	217	File Number S338144, H.C.O.P.R.R.P., from which a found 1/2-inch
218	218	iron rod bears North 88° 34' 47" West, 0.38 feet, continuing along
219	219	the west line of said 111.2791 acre tract, same being the east line
220	220	of said 11.2033 acre Treichel tract, passing at 1,281.61 feet the
221	221	northeast corner of said 11.2033 acre Treichel tract, same being
222	222	the southeast corner of that certain called 11.2033 acre tract
223	223	conveyed to Kathleen Diane Schultz by an instrument of record under
224	224	File Number S338091, H.C.O.P.R.R.P., from which a found 5/8-inch
225	225	iron rod bears North 78° 45' 01" West, 0.49 feet, and continuing
226	226	along a west line of said 111.2791 acre tract, same being the east
227	227	line of said 11.2033 acre Schultz tract for a total distance of
228	228	1,665.30 feet to a 5/8-inch iron rod with cap stamped "LJA SURVEY"
229	229	set for the northwest corner of said 111.2797 acre tract, same being
230	230	the southwest corner of that certain called 114.9706 acre tract
231	231	conveyed to Festival Properties, Inc. (57.5%) and Silvestri
232	232	Investments of Florida, Inc. (42.5%), by an instrument of record
233	233	under File Number RP-2020-302036, H.C.O.P.R.R.P.;
234	234	Thence, North 88° 02' 48" East, departing the east line of
235	235	said 11.2033 acre Schultz tract, along the north line of said
236	236	111.2797 acre tract, same being the south line of said 114.9706 acre
237	237	tract, 2,954.33 feet to a 1/2-inch iron rod found for the northeast
238	238	corner of said 111.2797 acre tract, same being the southeast corner
239	239	of said 114.9706 acre tract, said point lying in the right-of-way of
240	240	Telge Road (called 60 feet wide);
241	241	Thence, South 02° 30' 25" East, along the east line of said
242	242	111.2797 acre tract, 1,665.38 feet to the southeast corner of said
243	243	111.2797 acre tract, same being the northeast corner of the
244	244	aforementioned 113.2797 acre tract, said point lying in the
245	245	right-of-way of said Telge Road, from which a found 5/8-inch iron
246	246	rod bears North 68° 52' 49" East, 0.56 feet;
247	247	Thence, South 88° 02' 48" West, along the south line of said
248	248	111.2797 acre tract common to the north line of said 113.2797 acre
249	249	tract, 2,972.80 feet to the POINT OF BEGINNING and containing
250	250	113.297 acres of land.
251	251	SECTION 3. (a) The legal notice of the intention to
252	252	introduce this Act, setting forth the general substance of this
253	253	Act, has been published as provided by law, and the notice and a
254	254	copy of this Act have been furnished to all persons, agencies,
255	255	officials, or entities to which they are required to be furnished
256	256	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
257	257	Government Code.
258	258	(b) The governor, one of the required recipients, has
259	259	submitted the notice and Act to the Texas Commission on
260	260	Environmental Quality.
261	261	(c) The Texas Commission on Environmental Quality has filed
262	262	its recommendations relating to this Act with the governor, the
263	263	lieutenant governor, and the speaker of the house of
264	264	representatives within the required time.
265	265	(d) All requirements of the constitution and laws of this
266	266	state and the rules and procedures of the legislature with respect
267	267	to the notice, introduction, and passage of this Act are fulfilled
268	268	and accomplished.
269	269	SECTION 4. (a) If this Act does not receive a two-thirds
270	270	vote of all the members elected to each house, Subchapter C, Chapter
271	271	7999A, Special District Local Laws Code, as added by Section 1 of
272	272	this Act, is amended by adding Section 7999A.0306 to read as
273	273	follows:
274	274	Sec. 7999A.0306. NO EMINENT DOMAIN POWER. The district may
275	275	not exercise the power of eminent domain.
276	276	(b) This section is not intended to be an expression of a
277	277	legislative interpretation of the requirements of Section 17(c),
278	278	Article I, Texas Constitution.
279	279	SECTION 5. This Act takes effect immediately if it receives
280	280	a vote of two-thirds of all the members elected to each house, as
281	281	provided by Section 39, Article III, Texas Constitution. If this
282	282	Act does not receive the vote necessary for immediate effect, this
283	283	Act takes effect September 1, 2023.
284	284	______________________________ ______________________________
285	285	President of the Senate Speaker of the House
286	286	I hereby certify that S.B. No. 2599 passed the Senate on
287	287	May 4, 2023, by the following vote: Yeas 27, Nays 3,
288	288	one present not voting.
289	289	______________________________
290	290	Secretary of the Senate
291	291	I hereby certify that S.B. No. 2599 passed the House on
292	292	May 12, 2023, by the following vote: Yeas 103, Nays 37,
293	293	two present not voting.
294	294	______________________________
295	295	Chief Clerk of the House
296	296	Approved:
297	297	______________________________
298	298	Date
299	299	______________________________
300	300	Governor