Bill Text: TX HB4161 | 2015-2016 | 84th Legislature | Introduced

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Bill Title: Relating to the creation of the Harris County Municipal Utility District No. 538; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-05-05 - Comm. report sent to Local & Consent Calendar [HB4161 Detail]

Download: Texas-2015-HB4161-Introduced.html

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84R12246 AAF-D
By: Schofield H.B. No. 4161

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Harris County Municipal Utility
District No. 538; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7903 to read as follows:
CHAPTER 7903. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 538
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7903.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Harris County Municipal
Utility District No. 538.
Sec. 7903.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7903.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 7903.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7903.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 7903.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7903.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7903.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7903.052, directors serve
staggered four-year terms.
Sec. 7903.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Garner P. Strickland, IV;
(2) Cameron Franz;
(3) Jacob Baker;
(4) Andrew J. Clark, IV; and
(5) William R. Murphy, Jr.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7903.003; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 7903.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 7903.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7903.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7903.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 7903.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7903.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 7903.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7903.151. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 7903.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 7903.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7903.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 7903.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7903.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 7903.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 7903.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Harris County Municipal Utility District
No. 538 initially includes all the territory contained in the
following area:
A METES & BOUNDS description of a 395.96 acre tract of land in
the William Salyars Survey, Abstract 1532, and the H. & T. C.
Railroad Company Survey Section 59, Abstract 444, Harris County,
Texas, being comprised of that certain called 80.031 acre tract and
the residue of that certain called 159.912 acre tract and recorded
under County Clerk's File Number Z418073, Official Public Records
of Real Property, Harris County, Texas, and that certain called
157.727 acre tract recorded under County Clerk's File Number
20140061554, Official Public Records of Real Property, Harris
County, Texas with all bearings based upon the south line of said
called 157.727 acre tract as being South 87 degrees 53 minutes 07
seconds West (called South 87 degrees 53 minutes 07 seconds West).
Beginning at the southwest corner of said H. & T. C. Railroad
Company Survey Section 59, Abstract 444, being the northwest corner
of the Lafayette Shirar Survey, Abstract 1489, the northeast corner
of the H. & T. C. Railroad Company Survey Section 67, Abstract 453,
and the southeast corner of the Chancey Lowery Survey, Abstract
1551, said point also being the southwest corner of said called
80.031 acre tract, same being the northwest corner of an adjoining
called 14 acre tract described in deed recorded in Volume 2936, Page
109, Deed Records, Harris County, Texas, the northeast corner of an
adjoining called 125 acre tract described in deed recorded under
County Clerk's File Number H729514, Official Public Records of Real
Property, Harris County, Texas, and the southeast corner of an
adjoining residue of a called 80.2830 acre tract described in deed
recorded under County Clerk's File Number P705419, Official Public
Records of Real Property, Harris County, Texas, for the upper
southwest corner and Place of Beginning of the herein described
395.96 acre tract of land, said point also being at the intersection
of Katy Hockley Cut-Off Road (60-feet wide) with Beckendorff Road
(60-feet wide);
Thence North 02 degrees 06 minutes 27 seconds West along a
west line of the herein described tract, the west line of said
called 80.031 acre tract, and the west line of said H. & T. C.
Railroad Company Survey Section 59, Abstract 444, same being the
east line of said adjoining residue of a called 80.2830 acre tract,
the east line of said Chancey Lowery Survey, Abstract 1551, and
along the east line of an adjoining called 1.2638 acre tract
recorded under County Clerk's File Number V036128, Official Public
Records of Real Property, Harris County, Texas, as located in Katy
Hockley Cut-Off Road, 1,321.69 feet to the lower northwest corner
of the herein described tract and the northwest corner of said
called 80.031 acre tract;
Thence North 87 degrees 54 minutes 05 seconds East along a
north line of the herein described tract and the north line of said
called 80.031 acre tract, same being the south line of the adjoining
Hidden Forest Estates Subdivision according to map or plat thereof
recorded in Volume 410, Page 35, Map Records, Harris County, Texas,
2,639.09 feet to a reentry corner to the herein described tract,
being the northeast corner of said called 80.031 acre tract, same
being the southeast corner of said adjoining Hidden Forest Estates
Subdivision, and being in the west line of said called 157.727 acre
tract;
Thence North 02 degrees 04 minutes 34 seconds West along the
upper west line of the herein described tract and the west line of
said called 157.727 acre tract, same being the east line of said
adjoining Hidden Forest Estates Subdivision, 1,314.42 feet to the
northeast corner of said adjoining Hidden Forest Estates
Subdivision for angle point, being the southeast corner of an
adjoining called 54.245 acre tract recorded under County Clerk's
File Number J047965, Official Public Records of Real Property,
Harris County, Texas;
Thence North 02 degrees 22 minutes 20 seconds West continuing
along the upper west line of the herein described tract and the west
line of said called 157.727 acre tract, 2,590.05 feet to the upper
northwest corner of the herein described tract and the northwest
corner of said called 157.727 acre tract, same being the northeast
corner of an adjoining called 100.000 acre tract recorded under
County Clerk's File Number H541658, Official Public Records of Real
Property, Harris County, Texas, said point being in the south
right-of-way line of F. M. Highway 529 (120-feet wide);
Thence North 87 degrees 54 minutes 43 seconds East along the
upper north line of the herein described tract and the north line of
said called 157.727 acre tract, same being the south right-of-way
line of F. M. Highway 529, 678.60 feet to an angle point;
Thence North 88 degrees 19 minutes 43 seconds East continuing
along said line, 645.41 feet to the upper northeast corner of the
herein described tract and the northeast corner of said called
157.727 acre tract, same being the northwest corner of an adjoining
called 158.039 acre tract recorded under County Clerk's File Number
W268492, Official Public Records of Real Property, Harris County,
Texas;
Thence South 02 degrees 06 minutes 31 seconds East along the
upper east line of the herein described tract and the east line of
said called 157.727 acre tract, same being the west line of said
adjoining called 158.039 acre tract, 5,219.35 feet to a reentry
corner to the herein described tract, being the southeast corner of
said called 157.727 acre tract, same being the southwest corner of
said adjoining called 158.039 acre tract, and being in the south
line of said H. & T. C. Railroad Company Survey Section 59, Abstract
444, same being the north line of the aforementioned William
Salyars Survey, Abstract 1532, and the north line of the
aforementioned called 159.912 acre tract;
Thence North 87 degrees 53 minutes 06 seconds East along the
lower north line of the herein described tract, the north line of
said called 159.912 acre tract, and the north line of said William
Salyars Survey, Abstract 1532, same being the south line of said H. &
T. C. Railroad Company Survey Section 59, Abstract 444, and the
south line of said adjoining called 158.039 acre tract, 1,326.98
feet to the lower northeast corner of the herein described tract,
the northeast corner of said called 159.912 acre tract, and the
northeast corner of said William Salyars Survey, Abstract 1532,
being the southeast corner of said H. & T. C. Railroad Company
Survey Section 59, Abstract 444, and the southeast corner of said
adjoining called 158.039 acre tract, same being the southwest
corner of the A. R. Connell Survey, Abstract 1387, and the southwest
corner of an adjoining called 640 acre tract (Tract Three) recorded
under County Clerk's File Number J796831, Official Public Records
of Real Property, Harris County, Texas, and being the northwest
corner of the H. & T. C. Railroad Company Survey Section 47,
Abstract 440, and the northwest corner of an adjoining called
73.8972 acre tract described in deed recorded under County Clerk's
File Number R710831, Official Public Records of Real Property,
Harris County, Texas;
Thence South 02 degrees 10 minutes 48 seconds East along the
lower east line of the herein described tract, the east line of said
called 159.912 acre tract, and the east line of said William Salyars
Survey, Abstract 1532, same being the west line of said adjoining H. &
T. C. Railroad Company Survey Section 47, Abstract 440, 2,640.00
feet to the southeast corner of the herein described tract and the
southeast corner of said called 159.912 acre tract, same being the
northeast corner of an adjoining called 320.1964 acre tract
recorded under County Clerk's File Number 20060134384, Official
Public Records of Real Property, Harris County, Texas, and being in
the west line of an adjoining called 4.8079 acre tract recorded
under County Clerk's File Number 20070428121, Official Public
Records of Real Property, Harris County, Texas;
Thence South 87 degrees 53 minutes 00 seconds West along the
lower south line of the herein described tract and the south line of
said called 159.912 acre tract, same being the north line of said
adjoining called 320.1964 acre tract, 16.01 feet to a point for
corner, said point being the southeast corner of an adjoining
called 1.700 acre tract recorded under County Clerk's File Number
20140251357, Official Public Records of Real Property, Harris
County, Texas, said point in a non-tangent curve to the left;
Thence along the common line of the herein described tract
and said adjoining called 1.700 acre tract with the following
courses and distances:
Thence along said non-tangent curve to the left, having
a radius of 150.00 feet, a central angle of 22 degrees 26 minutes 42
seconds, an arc length of 58.76 feet, and a chord bearing North 31
degrees 49 minutes 43 seconds West, 58.39 feet to a point in a
non-tangent curve to the left;
Thence along said non-tangent curve to the left, having
a radius of 150.00 feet, a central angle of 50 degrees 43 minutes 56
seconds, an arc length of 132.82 feet, and a chord bearing North 57
degrees 44 minutes 32 seconds West, 128.52 feet;
Thence North 42 degrees 33 minutes 53 seconds East,
88.87 feet;
Thence North 47 degrees 26 minutes 07 seconds West,
66.25 feet;
Thence South 20 degrees 37 minutes 06 seconds West,
51.23 feet to the beginning point of a curve to the right;
Thence along said curve to the right, having a radius of
95.00 feet, a central angle of 80 degrees 09 minutes 28 seconds, an
arc length of 132.91 feet, and a chord bearing South 60 degrees 41
minutes 44 seconds West, 122.33 feet;
Thence North 79 degrees 13 minutes 39 seconds West,
81.88 feet;
Thence South 60 degrees 56 minutes 12 seconds West,
161.46 feet;
Thence South 87 degrees 53 minutes 00 seconds West,
212.00 feet;
Thence South 02 degrees 07 minutes 00 seconds East,
75.00 feet to a point for corner, said point being in the south line
of the aforementioned called 159.912 acre tract, same being the
north line of the aforementioned adjoining called 320.1964 acre
tract;
Thence South 87 degrees 53 minutes 00 seconds West along the
lower south line of the herein described tract and the south line of
said called 159.912 acre tract, same being the north line of said
adjoining called 320.1964 acre tract, 1,940.00 feet to the lower
southwest corner of the herein described tract and the southwest
corner of said called 159.912 acre tract, being an angle point in
the north line of said adjoining called 320.1964 acre tract, said
point also being the northeast corner of the S. Post Survey,
Abstract 1422, same being the southeast corner of an adjoining
called 17.00 acre tract described in deed recorded under County
Clerk's File Number S147734, Official Public Records of Real
Property, Harris County, Texas, and the southeast corner of the
aforementioned Lafayette Shirar Survey, Abstract 1489;
Thence North 02 degrees 02 minutes 01 seconds West along the
lower west line of the herein described tract, the west line of said
called 159.912 acre tract, and the west line of said William Salyars
Survey, Abstract 1532, same being the east line of said adjoining
called 17.00 acre tract and the east line of said Lafayette Shirar
Survey, Abstract 1489, 1,121.79 feet to an angle point, being the
northeast corner of an adjoining 17.00 acre tract described in deed
recorded under County Clerk's File Number X776653, Official Public
Records of Real Property, Harris County, Texas, same being the
southeast corner of an adjoining called 78 acre tract recorded
under County Clerk's File Number P955853, Official Public Records
of Real Property, Harris County, Texas;
Thence North 02 degrees 16 minutes 50 seconds West continuing
along the lower west line of the herein described tract, the west
line of said called 159.912 acre tract, and the west line of said
William Salyars Survey, Abstract 1532, same being the east line of
said adjoining called 78 acre tract and the east line of said
Lafayette Shirar Survey, Abstract 1489, 1,518.30 feet to a reentry
corner to the herein described tract, being the northwest corner of
said called 159.912 acre tract, the northeast corner of said
adjoining called 78 acre tract, the southeast corner of the
aforementioned called 80.031 acre tract, and the southwest corner
of the aforementioned called 157.727 acre tract, said point also
being the northwest corner of the William Salyars Survey, Abstract
1532, same being the northeast corner of the said Lafayette Shirar
Survey, Abstract 1489, and being in the south line of the
aforementioned H. & T. C. Railroad Company Survey Section 59,
Abstract 444;
Thence South 87 degrees 52 minutes 10 seconds West along the
upper south line of the herein described tract, the south line of
said called 80.031 acre tract, and the south line of said H. & T. C.
Railroad Company Survey Section 59, Abstract 444, same being the
north line of said adjoining called 78 acre tract and the north line
of said Lafayette Shirar Survey, Abstract 1489, and along the north
line of the aforementioned adjoining called 14 acre tract, 2,639.13
feet to the Place of Beginning and containing 395.96 acres of land,
more or less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
7903, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7903.106 to read as follows:
Sec. 7903.106. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.