Texas 2025 - 89th Regular

Texas House Bill HB5666 Compare Versions

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

Old	New	Differences
1	1	89R12609 MP-F
2	2	By: Oliverson H.B. No. 5666
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Fenske Road Municipal Utility
10	10	District of Harris County; granting a limited power of eminent
11	11	domain; providing authority to issue bonds; providing authority to
12	12	impose assessments, fees, and taxes.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subtitle F, Title 6, Special District Local Laws
15	15	Code, is amended by adding Chapter 7901A to read as follows:
16	16	CHAPTER 7901A. FENSKE ROAD MUNICIPAL UTILITY DISTRICT OF HARRIS
17	17	COUNTY
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	Sec. 7901A.0101. DEFINITIONS. In this chapter:
20	20	(1) "Board" means the district's board of directors.
21	21	(2) "Commission" means the Texas Commission on
22	22	Environmental Quality.
23	23	(3) "Director" means a board member.
24	24	(4) "District" means the Fenske Road Municipal Utility
25	25	District of Harris County.
26	26	Sec. 7901A.0102. NATURE OF DISTRICT. The district is a
27	27	municipal utility district created under Section 59, Article XVI,
28	28	Texas Constitution.
29	29	Sec. 7901A.0103. CONFIRMATION AND DIRECTOR ELECTION
30	30	REQUIRED. The temporary directors shall hold an election to
31	31	confirm the creation of the district and to elect five permanent
32	32	directors as provided by Section 49.102, Water Code.
33	33	Sec. 7901A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
34	34	temporary directors may not hold an election under Section
35	35	7901A.0103 until each municipality in whose corporate limits or
36	36	extraterritorial jurisdiction the district is located has
37	37	consented by ordinance or resolution to the creation of the
38	38	district and to the inclusion of land in the district as required by
39	39	applicable law.
40	40	Sec. 7901A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
41	41	(a) The district is created to serve a public purpose and benefit.
42	42	(b) The district is created to accomplish the purposes of:
43	43	(1) a municipal utility district as provided by
44	44	general law and Section 59, Article XVI, Texas Constitution; and
45	45	(2) Section 52, Article III, Texas Constitution, that
46	46	relate to the construction, acquisition, improvement, operation,
47	47	or maintenance of macadamized, graveled, or paved roads, or
48	48	improvements, including storm drainage, in aid of those roads.
49	49	Sec. 7901A.0106. INITIAL DISTRICT TERRITORY. (a) The
50	50	district is initially composed of the territory described by
51	51	Section 2 of the Act enacting this chapter.
52	52	(b) The boundaries and field notes contained in Section 2 of
53	53	the Act enacting this chapter form a closure. A mistake made in the
54	54	field notes or in copying the field notes in the legislative process
55	55	does not affect the district's:
56	56	(1) organization, existence, or validity;
57	57	(2) right to issue any type of bond for the purposes
58	58	for which the district is created or to pay the principal of and
59	59	interest on a bond;
60	60	(3) right to impose a tax; or
61	61	(4) legality or operation.
62	62	SUBCHAPTER B. BOARD OF DIRECTORS
63	63	Sec. 7901A.0201. GOVERNING BODY; TERMS. (a) The district
64	64	is governed by a board of five elected directors.
65	65	(b) Except as provided by Section 7901A.0202, directors
66	66	serve staggered four-year terms.
67	67	Sec. 7901A.0202. TEMPORARY DIRECTORS. (a) On or after the
68	68	effective date of the Act enacting this chapter, the owner or owners
69	69	of a majority of the assessed value of the real property in the
70	70	district may submit a petition to the commission requesting that
71	71	the commission appoint as temporary directors the five persons
72	72	named in the petition. The commission shall appoint as temporary
73	73	directors the five persons named in the petition.
74	74	(b) Temporary directors serve until the earlier of:
75	75	(1) the date permanent directors are elected under
76	76	Section 7901A.0103; or
77	77	(2) the fourth anniversary of the effective date of
78	78	the Act enacting this chapter.
79	79	(c) If permanent directors have not been elected under
80	80	Section 7901A.0103 and the terms of the temporary directors have
81	81	expired, successor temporary directors shall be appointed or
82	82	reappointed as provided by Subsection (d) to serve terms that
83	83	expire on the earlier of:
84	84	(1) the date permanent directors are elected under
85	85	Section 7901A.0103; or
86	86	(2) the fourth anniversary of the date of the
87	87	appointment or reappointment.
88	88	(d) If Subsection (c) applies, the owner or owners of a
89	89	majority of the assessed value of the real property in the district
90	90	may submit a petition to the commission requesting that the
91	91	commission appoint as successor temporary directors the five
92	92	persons named in the petition. The commission shall appoint as
93	93	successor temporary directors the five persons named in the
94	94	petition.
95	95	SUBCHAPTER C. POWERS AND DUTIES
96	96	Sec. 7901A.0301. GENERAL POWERS AND DUTIES. The district
97	97	has the powers and duties necessary to accomplish the purposes for
98	98	which the district is created.
99	99	Sec. 7901A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
100	100	DUTIES. The district has the powers and duties provided by the
101	101	general law of this state, including Chapters 49 and 54, Water Code,
102	102	applicable to municipal utility districts created under Section 59,
103	103	Article XVI, Texas Constitution.
104	104	Sec. 7901A.0303. AUTHORITY FOR ROAD PROJECTS. Under
105	105	Section 52, Article III, Texas Constitution, the district may
106	106	design, acquire, construct, finance, issue bonds for, improve,
107	107	operate, maintain, and convey to this state, a county, or a
108	108	municipality for operation and maintenance macadamized, graveled,
109	109	or paved roads, or improvements, including storm drainage, in aid
110	110	of those roads.
111	111	Sec. 7901A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
112	112	road project must meet all applicable construction standards,
113	113	zoning and subdivision requirements, and regulations of each
114	114	municipality in whose corporate limits or extraterritorial
115	115	jurisdiction the road project is located.
116	116	(b) If a road project is not located in the corporate limits
117	117	or extraterritorial jurisdiction of a municipality, the road
118	118	project must meet all applicable construction standards,
119	119	subdivision requirements, and regulations of each county in which
120	120	the road project is located.
121	121	(c) If the state will maintain and operate the road, the
122	122	Texas Transportation Commission must approve the plans and
123	123	specifications of the road project.
124	124	Sec. 7901A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
125	125	ORDINANCE OR RESOLUTION. The district shall comply with all
126	126	applicable requirements of any ordinance or resolution that is
127	127	adopted under Section 54.016 or 54.0165, Water Code, and that
128	128	consents to the creation of the district or to the inclusion of land
129	129	in the district.
130	130	Sec. 7901A.0306. DIVISION OF DISTRICT. This chapter
131	131	applies to any new district created by the division of the district
132	132	under Section 49.316, Water Code, and a new district has all the
133	133	powers and duties of the district.
134	134	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
135	135	Sec. 7901A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
136	136	The district may issue, without an election, bonds and other
137	137	obligations secured by:
138	138	(1) revenue other than ad valorem taxes; or
139	139	(2) contract payments described by Section
140	140	7901A.0403.
141	141	(b) The district must hold an election in the manner
142	142	provided by Chapters 49 and 54, Water Code, to obtain voter approval
143	143	before the district may impose an ad valorem tax or issue bonds
144	144	payable from ad valorem taxes.
145	145	(c) The district may not issue bonds payable from ad valorem
146	146	taxes to finance a road project unless the issuance is approved by a
147	147	vote of a two-thirds majority of the district voters voting at an
148	148	election held for that purpose.
149	149	Sec. 7901A.0402. OPERATION AND MAINTENANCE TAX. (a) If
150	150	authorized at an election held under Section 7901A.0401, the
151	151	district may impose an operation and maintenance tax on taxable
152	152	property in the district in accordance with Section 49.107, Water
153	153	Code.
154	154	(b) The board shall determine the tax rate. The rate may not
155	155	exceed the rate approved at the election.
156	156	Sec. 7901A.0403. CONTRACT TAXES. (a) In accordance with
157	157	Section 49.108, Water Code, the district may impose a tax other than
158	158	an operation and maintenance tax and use the revenue derived from
159	159	the tax to make payments under a contract after the provisions of
160	160	the contract have been approved by a majority of the district voters
161	161	voting at an election held for that purpose.
162	162	(b) A contract approved by the district voters may contain a
163	163	provision stating that the contract may be modified or amended by
164	164	the board without further voter approval.
165	165	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
166	166	Sec. 7901A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
167	167	OBLIGATIONS. The district may issue bonds or other obligations
168	168	payable wholly or partly from ad valorem taxes, impact fees,
169	169	revenue, contract payments, grants, or other district money, or any
170	170	combination of those sources, to pay for any authorized district
171	171	purpose.
172	172	Sec. 7901A.0502. TAXES FOR BONDS. At the time the district
173	173	issues bonds payable wholly or partly from ad valorem taxes, the
174	174	board shall provide for the annual imposition of a continuing
175	175	direct ad valorem tax, without limit as to rate or amount, while all
176	176	or part of the bonds are outstanding as required and in the manner
177	177	provided by Sections 54.601 and 54.602, Water Code.
178	178	Sec. 7901A.0503. BONDS FOR ROAD PROJECTS. At the time of
179	179	issuance, the total principal amount of bonds or other obligations
180	180	issued or incurred to finance road projects and payable from ad
181	181	valorem taxes may not exceed one-fourth of the assessed value of the
182	182	real property in the district.
183	183	SECTION 2. The Fenske Road Municipal Utility District of
184	184	Harris County initially includes all the territory contained in the
185	185	following area:
186	186	All that certain 33.7594 acres of land being all that certain
187	187	called 32.7500 acre tract described as Tract I in the deed dated
188	188	July 26, 1985, from Marvin Treichel, et al to Howard Leon Treichel,
189	189	et ux, filed for record under Clerk File No. K132306, of the
190	190	Official Public Records of Real Property of Harris County, Texas,
191	191	and being all that certain called 1.00002 acre tract described in
192	192	the deed dated April 23, 2004, from Timothy A. Perry to Valleys
193	193	Mills Partners, Ltd. to filed for record under Clerk File
194	194	No. Z-053385, out of the Jacob Duckworth Survey, A-226, Harris
195	195	County, Texas, and being more particularly described by metes and
196	196	bounds as follows:
197	197	BEGINNING at a found 1" iron pipe marking the northwest corner of
198	198	said 32.7500 acre tract, said pipe located on the south
199	199	right-of-way line of Fenske Road (60' Wide as monumented);
200	200	THENCE N 85 35' 17" E - 761.55', with said south right-of-way line
201	201	to a set 1/2" iron rod with cap marking northeast corner of said
202	202	called 1.00002 acre;
203	203	THENCE S 01° 57' 40" E - 290.70', with the east line of said 1.00002
204	204	acre tract, to a set 5/8" iron rod with cap for an angle corner;
205	205	THENCE S 02° 02' 46" E - 388.02', with the west line of that certain
206	206	called 3.25 acre tract described in the deed dated November 11,
207	207	1976, from Rickey Kleppel, et ux to Larry E. Thieme, et ux, filed
208	208	for record under Clerk File No. F610177, Film Code No. 195-18-0683,
209	209	of the Official Public Records of Real Property of Harris County,
210	210	Texas to a set "PK" nail for corner;
211	211	THENCE N 85° 28' 07" E - 208.44', with the south line of said 3.25
212	212	acre tract tract, to a found 1" iron pipe marking the easterly
213	213	northeast corner of the aforementioned 32.7500 acre tract, the
214	214	southeast corner of said 3.25 acre tract and the northwest corner of
215	215	that certain called 33.8716 acre tract described as Tract II in the
216	216	deed dated July 26, 1985, from Marvin Treichel, et al to Howard Leon
217	217	Treichel, et ux, filed for record under Clerk File No. K132306,
218	218	Film Code No. 021-75-0610, of the Official Public Records of Real
219	219	Property of Harris County, Texas;
220	220	THENCE S 09° 09' 34" E - 984.93', with the northerly west line of
221	221	said 33.8716 acre tract, to a found 5/8" iron rod marking the
222	222	southeast corner of the aforementioned 32.7500 acre tract and an
223	223	interior corner of said 33.8716 acre tract;
224	224	THENCE S 87° 57' 07" W - 1,050.74'. with the westerly north line of
225	225	said 33.8716 acre tract, to a found 5/8" iron rod marking the
226	226	southwest corner of said 32.7500 acre tract and the westerly
227	227	northwest corner of said 33.8716 acre tract;
228	228	THENCE N 03° 27' 44" W - 1,616.13', to the POINT OF BEGINNING of the
229	229	herein described tract and containing 33.7594 acres (1,470,559
230	230	square feet) of land, more or less.
231	231	SECTION 3. (a) The legal notice of the intention to
232	232	introduce this Act, setting forth the general substance of this
233	233	Act, has been published as provided by law, and the notice and a
234	234	copy of this Act have been furnished to all persons, agencies,
235	235	officials, or entities to which they are required to be furnished
236	236	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
237	237	Government Code.
238	238	(b) The governor, one of the required recipients, has
239	239	submitted the notice and Act to the Texas Commission on
240	240	Environmental Quality.
241	241	(c) The Texas Commission on Environmental Quality has filed
242	242	its recommendations relating to this Act with the governor, the
243	243	lieutenant governor, and the speaker of the house of
244	244	representatives within the required time.
245	245	(d) All requirements of the constitution and laws of this
246	246	state and the rules and procedures of the legislature with respect
247	247	to the notice, introduction, and passage of this Act are fulfilled
248	248	and accomplished.
249	249	SECTION 4. (a) If this Act does not receive a two-thirds
250	250	vote of all the members elected to each house, Subchapter C, Chapter
251	251	7901A, Special District Local Laws Code, as added by Section 1 of
252	252	this Act, is amended by adding Section 7901A.0307 to read as
253	253	follows:
254	254	Sec. 7901A.0307. NO EMINENT DOMAIN POWER. The district may
255	255	not exercise the power of eminent domain.
256	256	(b) This section is not intended to be an expression of a
257	257	legislative interpretation of the requirements of Section 17(c),
258	258	Article I, Texas Constitution.
259	259	SECTION 5. This Act takes effect immediately if it receives
260	260	a vote of two-thirds of all the members elected to each house, as
261	261	provided by Section 39, Article III, Texas Constitution. If this
262	262	Act does not receive the vote necessary for immediate effect, this
263	263	Act takes effect September 1, 2025.