Bill Text: TX HB4163 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the creation of the Harris County Municipal Utility District No. 540; 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 [HB4163 Detail]
Download: Texas-2015-HB4163-Introduced.html
84R7297 TSR-F | ||
By: Schofield | H.B. No. 4163 |
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relating to the creation of the Harris County Municipal Utility | ||
District No. 540; 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 7910 to read as follows: | ||
CHAPTER 7910. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 540 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7910.001. 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. 540. | ||
Sec. 7910.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7910.003. 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. 7910.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 7910.003 | ||
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. 7910.005. 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. 7910.006. 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. 7910.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 7910.052, directors serve | ||
staggered four-year terms. | ||
Sec. 7910.052. TEMPORARY DIRECTORS. (a) On or after the | ||
effective date of the Act enacting this chapter, 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 temporary directors the five persons | ||
named in the petition. The commission shall appoint as temporary | ||
directors the five persons named in the petition. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 7910.003; 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 7910.003 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 7910.003; 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. 7910.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7910.102. 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. 7910.103. 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. 7910.104. 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. 7910.105. 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. 7910.151. 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 7910.153. | ||
(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. 7910.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7910.151, 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. 7910.153. 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. 7910.201. 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. 7910.202. 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. 7910.203. 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. | ||
540 initially includes all the territory contained in the following | ||
area: | ||
TRACT 1 | ||
BEING 159.65 acres of land situated in the H. & T. C. R. R. Co. | ||
Survey, Section 47, Block 2, Abstract Number 440, Harris County, | ||
Texas, being all of that certain called 159.6531 acres conveyed to | ||
Cunningham Interests, II, Ltd by deed recorded under Harris County | ||
Clerk's File Number (H.C.C.F. No.) 20110175218, said 159.65 acre | ||
tract being more particularly described by metes and bounds as | ||
follows: | ||
BEGINNING at a MAG Nail with shiner stamped "COSTELLO" found | ||
for the Southeast corner of said 159.6531 acre tract and being in | ||
the pavement of Stockdick School Road (width unknown) also being in | ||
the centerline of Peek road (60-foot wide) as referenced in Volume | ||
996, Page 491 of the Harris County Deed Records; | ||
THENCE, S 87° 58' 23" W, a distance of 2,582.65 feet along | ||
said Stockdick Road to the Southwest corner of said 159.6531 acre | ||
tract; | ||
THENCE, along the lines common to said 159.6531 acre tract | ||
and the remainder of a called 160 acre tract described in Volume | ||
1494, Page 230 of the Harris County Deed Records the following two | ||
(2) courses and distances: | ||
N 04° 45' 03" W, a distance of 309.54 feet to a 5/8-inch | ||
iron rod with cap stamped "COSTELLO INC. RPLS 4416" found for | ||
an interior ell corner of said 159.6531 acre tract; | ||
S 88° 22' 39" W, a distance of 42.85 feet to the | ||
Northeast corner of a called 3.00 acre tract described and | ||
recorded under H.C.C.F. No. D978707 from which a found | ||
5/8-inch iron rod with cap stamped "COSTELLO INC. RPLS 4416" | ||
bears N 84° 28' W, 0.37 feet, also being the Southeast corner | ||
of a called 158.33 acre tract described and recorded under | ||
H.C.C.F. No. 20130266472; | ||
THENCE, N 02° 04' 00" W, a distance of 2,330.87 feet along the | ||
line common to said 158.33 acre tract and said 159.6531 acre tract | ||
to the northern corner common to said 159.6531 acre tract and said | ||
158.33 acre tract from which a found 5/8-inch iron rod with cap | ||
stamped "COSTELLO INC. RPLS 4416" bears S 89° 21' W, 3.45 feet also | ||
being the Southwest corner of a called 156.432 acre tract described | ||
and recorded under H.C.C.F. No. V829107; | ||
THENCE, N 87° 59' 16" E, a distance of 2,640.00 feet along the | ||
North line of said 159.6531 acre tract and the South lines of said | ||
156.432 acre tract and a called 9.7770 acre tract described and | ||
recorded under H.C.C.F. No. G578991to the Northeast corner of said | ||
159.6531 acre tract and the herein described tract from which a | ||
found Nail with shiner stamped "COSTELLO" bears N 82° 39' W, 3.01 | ||
feet; | ||
THENCE, S 02° 04' 00" E, a distance of 2,639.69 feet along and | ||
with the centerline of said Peek Road to the POINT OF BEGINNING and | ||
containing 159.65 acres of land. Bearing orientation is based on | ||
the Texas Coordinate System South Central Zone 4204, NAD83. | ||
TRACT 2 | ||
BEING 247.03 acres of land situated in the George Spencer | ||
Survey, Abstract Number 1369 and the M. M. Willsey Survey, Abstract | ||
Number 1459 of the H. & T. C. R. R. Co. Survey, Block 2, Harris | ||
County, Texas, being all of that certain called 235.55 acres | ||
conveyed to Cunningham Interests, II, Ltd by deed recorded under | ||
Harris County Clerk's File Number (H.C.C.F. No.) 20120237422 and | ||
all of that certain called 11.526 acres conveyed to Cunningham | ||
Interests, II, Ltd by deed recorded under H.C.C.F. No. 20140170048, | ||
said 247.03 acre tract being more particularly described by metes | ||
and bounds as follows: | ||
BEGINNING at a 5/8-inch iron rod with aluminum Texas | ||
Department of Transportation (TxDot) cap found for the Southeast | ||
corner of said 235.55 acre tract and being in the North right-of-way | ||
line of Stockdick School Road (60-foot with, no deed found) also | ||
being the West right-of-way line of said Stockdick Road (width | ||
varies, no deed found); | ||
THENCE, S 87° 56' 23" W, a distance of 3,929.03 feet along the | ||
North right-of-way line of said Stockdick School Road to a 5/8-inch | ||
iron rod found for the Southeast corner of a called 17.00 acre tract | ||
described and recorded under H.C.C.F. No. V330498 and the Southwest | ||
corner of said 235.55 acre tract and the herein described tract; | ||
THENCE, N 01° 59' 51" W, a distance of 851.43 feet along the | ||
line common to said 17.00 acre tract and said 235.55 acre tract to | ||
the Northeast corner of said 17.00 acre tract and being the | ||
Southeast corner of said 11.526 acre tract and from which a 1/2-inch | ||
iron rod found bears S 87° 57' W, 4.59 feet; | ||
THENCE, S 87° 57' 20" W, a distance of 378.38 feet along the | ||
line common to said 17.00 acre tract and said 11.526 acre tract to | ||
the Southwest corner of said 11.526 acre tract and the southeast | ||
corner of a called 11.653 acre tract described and recorded under | ||
H.C.C.F. No. Y103912, said point being in the centerline of South | ||
Mayde Creek; | ||
THENCE, along and with the centerline of South Mayde Creek, | ||
same being the line common to said 11.526 acre tract and said 11.653 | ||
acre tract the following sixteen (16) courses and distances: | ||
N 57° 32' 53" W, 185.76 feet to an angle point; | ||
N 76° 58' 36" W, 5.99 feet to an angle point; | ||
N 73° 39' 37" W, 44.16 feet to an angle point; | ||
N 27° 46' 16" W, 24.43 feet to an angle point; | ||
N 18° 48' 22" E, 80.98 feet to an angle point; | ||
N 21° 42' 27" E, 261.01 feet to an angle point; | ||
N 15° 34' 29" E, 88.96 feet to an angle point; | ||
N 22° 02' 24" W, 81.87 feet to an angle point; | ||
N 32° 50' 40" E, 34.54 feet to an angle point; | ||
N 21° 18' 18" W, 20.21 feet to an angle point; | ||
N 53° 13' 23" W, 47.36 feet to an angle point; | ||
N 85° 03' 23" W, 176.78 feet to an angle point; | ||
S 70° 36' 55" W, 107.89 feet to an angle point; | ||
N 73° 03' 25" W, 44.61 feet to an angle point; | ||
N 40° 29' 03" W, 186.40 feet to an angle point; | ||
N 55° 40' 31" W, 60.60 feet to the most westerly | ||
Northwest corner of the herein described tract and being in | ||
the South line of a called 25.8950 acre tract described and | ||
recorded under H.C.C.F. No. 20100452700; | ||
THENCE, N 88° 03' 56" E, a distance of 966.73 feet along the | ||
line common to said 25.8950 acre tract and said 11.256 acre tract to | ||
the Northeast corner of said 11.256 acre tract and the Southeast | ||
corner of said 25.8950 acre tract, being in the West line of said | ||
235.55 acre tract and from which a found 3/8-inch iron rod bears S | ||
87° 47' W, 6.77 feet; | ||
THENCE, N 01° 59' 51" W, a distance of 882.01 feet along the | ||
line common to said 235.55 acre tract and said 25.8950 acre tract to | ||
the Northeast corner of said 25.8950 acre tract and the Northwest | ||
corner of said 235.55 acre tract, being in the South line of a | ||
called 7.016 acre tract described and recorded under H.C.C.F. | ||
No. Y680341 and from which a found 3/8-inch iron rod bears S 83° 44' | ||
W, 9.92 feet; | ||
THENCE, N 87° 58' 30" E, a distance of 3,073.16 feet along the | ||
North line of said 235.55 acre tract and South lines of said 7.016 | ||
acre tract and a called 5.8806 acre tract described and recorded | ||
under H.C.C.F. No. X209587 also the South lines of Lot 61 through | ||
Lot 76 of Katy Country Estates, an unrecorded subdivision to a | ||
concrete monument found for the southeast corner of said Lot 76 and | ||
the Southwest corner of a called 19.3136 acre tract described and | ||
recorded under H.C.C.F. No. X407934; | ||
THENCE, N 87° 46' 36" E, a distance of 852.54 feet continuing | ||
along the North line of said 235.55 acre tract and South line of | ||
said 19.3136 acre tract to a 3/8-inch iron rod found for the | ||
Northeast corner of said 235.55 acre tract and the herein described | ||
tract and the Southeast corner of said 19.3136 acre tract, said iron | ||
rod being in the West right-of-way line of said Stockdick Road; | ||
THENCE, S 02° 04' 14" E, a distance of 2,614.01 feet along said | ||
West right-of-way line to the POINT OF BEGINNING and containing | ||
247.03 acres of land. Bearing orientation is based on the Texas | ||
Coordinate System South Central Zone 4204, NAD83. | ||
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 | ||
7910, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7910.106 to read as follows: | ||
Sec. 7910.106. 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. |