1 | 1 | | By: Schofield H.B. No. 5699 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | A BILL TO BE ENTITLED |
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7 | 7 | | AN ACT |
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8 | 8 | | relating to the exclusion of certain territory from Harris County |
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9 | 9 | | Municipal Utility District No. 405. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. DEFINITION.In this Act, "district" means the |
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12 | 12 | | Harris County Municipal Utility District No. 405. |
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13 | 13 | | SECTION 2. EXCLUSION OF TERRITORY. Notwithstanding any |
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14 | 14 | | other law, the district may enter into a written contract with the |
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15 | 15 | | owner of undeveloped property within the district for exclusion of |
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16 | 16 | | the property from the district on terms and conditions the |
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17 | 17 | | district's board of directors considers advantageous for the |
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18 | 18 | | district. Upon satisfaction of the terms and conditions of the |
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19 | 19 | | contract, the district may exclude the property. |
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20 | 20 | | SECTION 3. RESULTS OF EXCLUSION. (a) Debt service taxes |
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21 | 21 | | levied on the excluded property remain pledged as security for the |
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22 | 22 | | district's outstanding indebtedness and the district shall |
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23 | 23 | | continue to levy and collect debt service taxes on the excluded land |
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24 | 24 | | until the excluded property's pro rata share of the district's |
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25 | 25 | | indebtedness is paid in full as provided herein. |
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26 | 26 | | (b) Except as provided in the contract for exclusion or in |
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27 | 27 | | Section 5 herein, on issuance of an order excluding property the |
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28 | 28 | | property is no longer part of the district and is not entitled to |
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29 | 29 | | any services from the district. |
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30 | 30 | | (c) Until paid in full as provided herein, the excluded |
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31 | 31 | | property's pro rata share of the district's indebtedness remains |
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32 | 32 | | the obligation of the owner of the excluded property and continues |
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33 | 33 | | to be secured by statutory liens on the excluded property. |
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34 | 34 | | (d) A copy of the order excluding the property from the |
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35 | 35 | | district shall be recorded by the district in the real property |
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36 | 36 | | records of Harris County. |
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37 | 37 | | SECTION 4. RIGHTS OF BONDHOLDERS. The exclusion of |
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38 | 38 | | property under this Act does not diminish or impair the rights of |
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39 | 39 | | the holders of any outstanding and unpaid bonds, warrants, or other |
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40 | 40 | | certificates of indebtedness of the district. |
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41 | 41 | | SECTION 5. APPORTIONMENT OF DISTRICT INDEBTEDNESS.(a) The |
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42 | 42 | | excluded property is not released from the payment of its pro rata |
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43 | 43 | | share of the district's indebtedness. The contract for exclusion |
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44 | 44 | | shall state the amount of or method to determine the excluded |
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45 | 45 | | property's pro rata share of the district's indebtedness. |
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46 | 46 | | (b) The district shall continue to levy debt service taxes |
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47 | 47 | | each year on the excluded property at the same rate levied on other |
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48 | 48 | | property of the district. The taxes collected shall be applied |
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49 | 49 | | exclusively to the payment of the excluded property's pro rata |
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50 | 50 | | share of the district's indebtedness. |
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51 | 51 | | (c) The owner of any part of the excluded property at any |
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52 | 52 | | time may pay in full the remaining unpaid portion of the excluded |
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53 | 53 | | property's pro rata share of the district's indebtedness. |
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54 | 54 | | (d) Upon payment in full of the excluded property's pro rata |
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55 | 55 | | share of the district's indebtedness, the excluded property is |
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56 | 56 | | thereafter released from payment of the district's debt service |
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57 | 57 | | taxes. |
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58 | 58 | | SECTION 6. RELIANCE ON PRIOR ELECTION. Notwithstanding any |
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59 | 59 | | other law, the District may issue any unissued additional debt |
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60 | 60 | | approved by voters of the district before the exclusion of property |
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61 | 61 | | without holding a new election. |
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62 | 62 | | SECTION 7. Harris County Municipal Utility District No. 405 |
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63 | 63 | | retains all the rights, powers, privileges, authority, duties, and |
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64 | 64 | | functions that it had before the effective date of this Act. |
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65 | 65 | | SECTION 8. (a)The legislature validates and confirms all |
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66 | 66 | | governmental acts and proceedings of Harris County Municipal |
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67 | 67 | | Utility District No. 405 that were taken before the effective date |
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68 | 68 | | of this Act. |
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69 | 69 | | (b) This section does not apply to any matter that on the |
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70 | 70 | | effective date of this Act: |
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71 | 71 | | (1) is involved in litigation if the litigation |
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72 | 72 | | ultimately results in the matter being held invalid by a final court |
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73 | 73 | | judgment; or |
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74 | 74 | | (2) has been held invalid by a final court judgment. |
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75 | 75 | | SECTION 9. NOTICE. (a) The legal notice of the intention |
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76 | 76 | | to introduce this Act, setting forth the general substance of this |
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77 | 77 | | Act, has been published as provided by law, and the notice and a |
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78 | 78 | | copy of this Act have been furnished to all persons, agencies, |
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79 | 79 | | officials, or entities to which they are required to be furnished |
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80 | 80 | | under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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81 | 81 | | Government Code. |
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82 | 82 | | (b) The governor, one of the required recipients, has |
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83 | 83 | | submitted the notice and Act to the Texas Commission on |
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84 | 84 | | Environmental Quality. |
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85 | 85 | | (c) The Texas Commission on Environmental Quality has filed |
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86 | 86 | | its recommendations relating to this Act with the governor, the |
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87 | 87 | | lieutenant governor, and the speaker of the house of |
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88 | 88 | | representatives within the required time. |
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89 | 89 | | (d) All requirements of the constitution and laws of this |
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90 | 90 | | state and the rules and procedures of the legislature with respect |
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91 | 91 | | to the notice, introduction, and passage of this Act are fulfilled |
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92 | 92 | | and accomplished. |
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93 | 93 | | SECTION 10. EFFECTIVE DATE. This Act takes effect |
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94 | 94 | | immediately if it receives a vote of two-thirds of all the members |
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95 | 95 | | elected to each house, as provided by Section 39, Article III, Texas |
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96 | 96 | | Constitution. If this Act does not receive the vote necessary for |
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97 | 97 | | immediate effect, this Act takes effect September 1, 2025. |
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