Texas 2025 - 89th Regular

Texas House Bill HB5699 Compare Versions

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11 By: Schofield H.B. No. 5699
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66 A BILL TO BE ENTITLED
77 AN ACT
88 relating to the exclusion of certain territory from Harris County
99 Municipal Utility District No. 405.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 SECTION 1. DEFINITION.In this Act, "district" means the
1212 Harris County Municipal Utility District No. 405.
1313 SECTION 2. EXCLUSION OF TERRITORY. Notwithstanding any
1414 other law, the district may enter into a written contract with the
1515 owner of undeveloped property within the district for exclusion of
1616 the property from the district on terms and conditions the
1717 district's board of directors considers advantageous for the
1818 district. Upon satisfaction of the terms and conditions of the
1919 contract, the district may exclude the property.
2020 SECTION 3. RESULTS OF EXCLUSION. (a) Debt service taxes
2121 levied on the excluded property remain pledged as security for the
2222 district's outstanding indebtedness and the district shall
2323 continue to levy and collect debt service taxes on the excluded land
2424 until the excluded property's pro rata share of the district's
2525 indebtedness is paid in full as provided herein.
2626 (b) Except as provided in the contract for exclusion or in
2727 Section 5 herein, on issuance of an order excluding property the
2828 property is no longer part of the district and is not entitled to
2929 any services from the district.
3030 (c) Until paid in full as provided herein, the excluded
3131 property's pro rata share of the district's indebtedness remains
3232 the obligation of the owner of the excluded property and continues
3333 to be secured by statutory liens on the excluded property.
3434 (d) A copy of the order excluding the property from the
3535 district shall be recorded by the district in the real property
3636 records of Harris County.
3737 SECTION 4. RIGHTS OF BONDHOLDERS. The exclusion of
3838 property under this Act does not diminish or impair the rights of
3939 the holders of any outstanding and unpaid bonds, warrants, or other
4040 certificates of indebtedness of the district.
4141 SECTION 5. APPORTIONMENT OF DISTRICT INDEBTEDNESS.(a) The
4242 excluded property is not released from the payment of its pro rata
4343 share of the district's indebtedness. The contract for exclusion
4444 shall state the amount of or method to determine the excluded
4545 property's pro rata share of the district's indebtedness.
4646 (b) The district shall continue to levy debt service taxes
4747 each year on the excluded property at the same rate levied on other
4848 property of the district. The taxes collected shall be applied
4949 exclusively to the payment of the excluded property's pro rata
5050 share of the district's indebtedness.
5151 (c) The owner of any part of the excluded property at any
5252 time may pay in full the remaining unpaid portion of the excluded
5353 property's pro rata share of the district's indebtedness.
5454 (d) Upon payment in full of the excluded property's pro rata
5555 share of the district's indebtedness, the excluded property is
5656 thereafter released from payment of the district's debt service
5757 taxes.
5858 SECTION 6. RELIANCE ON PRIOR ELECTION. Notwithstanding any
5959 other law, the District may issue any unissued additional debt
6060 approved by voters of the district before the exclusion of property
6161 without holding a new election.
6262 SECTION 7. Harris County Municipal Utility District No. 405
6363 retains all the rights, powers, privileges, authority, duties, and
6464 functions that it had before the effective date of this Act.
6565 SECTION 8. (a)The legislature validates and confirms all
6666 governmental acts and proceedings of Harris County Municipal
6767 Utility District No. 405 that were taken before the effective date
6868 of this Act.
6969 (b) This section does not apply to any matter that on the
7070 effective date of this Act:
7171 (1) is involved in litigation if the litigation
7272 ultimately results in the matter being held invalid by a final court
7373 judgment; or
7474 (2) has been held invalid by a final court judgment.
7575 SECTION 9. NOTICE. (a) The legal notice of the intention
7676 to introduce this Act, setting forth the general substance of this
7777 Act, has been published as provided by law, and the notice and a
7878 copy of this Act have been furnished to all persons, agencies,
7979 officials, or entities to which they are required to be furnished
8080 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
8181 Government Code.
8282 (b) The governor, one of the required recipients, has
8383 submitted the notice and Act to the Texas Commission on
8484 Environmental Quality.
8585 (c) The Texas Commission on Environmental Quality has filed
8686 its recommendations relating to this Act with the governor, the
8787 lieutenant governor, and the speaker of the house of
8888 representatives within the required time.
8989 (d) All requirements of the constitution and laws of this
9090 state and the rules and procedures of the legislature with respect
9191 to the notice, introduction, and passage of this Act are fulfilled
9292 and accomplished.
9393 SECTION 10. EFFECTIVE DATE. This Act takes effect
9494 immediately if it receives a vote of two-thirds of all the members
9595 elected to each house, as provided by Section 39, Article III, Texas
9696 Constitution. If this Act does not receive the vote necessary for
9797 immediate effect, this Act takes effect September 1, 2025.