Bill Text: TX HB4198 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Harris County Municipal Utility District No. 543; 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) 2015-05-11 - Comm. report sent to Local & Consent Calendar [HB4198 Detail]
Download: Texas-2015-HB4198-Introduced.html
Bill Title: Relating to the creation of the Harris County Municipal Utility District No. 543; 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) 2015-05-11 - Comm. report sent to Local & Consent Calendar [HB4198 Detail]
Download: Texas-2015-HB4198-Introduced.html
84R14976 TSR-F | ||
By: Schofield | H.B. No. 4198 |
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relating to the creation of the Harris County Municipal Utility | ||
District No. 543; 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 7933 to read as follows: | ||
CHAPTER 7933. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 543 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7933.001. 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. 543. | ||
Sec. 7933.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7933.003. 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. 7933.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 7933.003 | ||
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. 7933.005. 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. 7933.006. 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. 7933.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 7933.052, directors serve | ||
staggered four-year terms. | ||
Sec. 7933.052. TEMPORARY DIRECTORS. (a) The temporary board | ||
consists of: | ||
(1) _________________; | ||
(2) _________________; | ||
(3) _________________; | ||
(4) _________________; and | ||
(5) _________________. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 7933.003; 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 7933.003 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 7933.003; 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. 7933.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7933.102. 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. 7933.103. 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. 7933.104. 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. 7933.105. 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. 7933.151. 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 7933.153. | ||
(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. 7933.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7933.151, 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. 7933.153. 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. 7933.201. 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. 7933.202. 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. 7933.203. 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. | ||
543 initially includes all the territory contained in the following | ||
area: | ||
BEING a 423.48 acre (18,446,664 square foot) tract of land | ||
situated in the H. & T. C. R.R. Co. Survey Sec. 20, J.A. Arnold | ||
Survey, Abstract No. 1376 (W.L. Mounts Survey A-1376) and the H. & | ||
T.C.R.R. Co. Survey Sec. 21, Abstract No. 424 of Harris County, | ||
Texas and being all of a called 40 acre tract of land described in an | ||
instrument to C.E. Freeman filed for record under Volume 1203, Page | ||
77 of the Harris County Deed Records (H.C.D.R.), all of a called | ||
300.05 acre tract of land described in an instrument to C.E. Freeman | ||
filed for record under Volume 1691, Page 734, H.C.D.R. and all of a | ||
called 79.916 acre tract of land described in an instrument to C.E. | ||
Freeman filed for record under Volume 3599, Page 60, H.C.D.R, said | ||
423.48 acre tract of land being more particularly described by | ||
metes and bounds as follows: | ||
BEGINNING at a 1/2-inch iron pipe found inside of a 2-inch | ||
iron pipe (Control Monument) for the Northwest corner of said | ||
300.05 acre tract and the Northwest corner of the herein described | ||
423.48 acre tract, same being the Northeast corner of Lot 21 of | ||
J.W. Metzler's Subdivision, a subdivision plat filed for record | ||
under Volume 500, Page 235 of the Harris County Deed Records, said | ||
Lot 21 being part of a called 26.810 acre tract described in an | ||
instrument to Karim Virani filed for record under Harris County | ||
Clerk's File No. (H.C.C.F.) V510692, same also being in the South | ||
line of a called 638.41 acre tract of land described in an | ||
instrument to Fry Road Venture, L.P. filed for record under | ||
H.C.C.F. No. Z078087; | ||
THENCE, N 87°48'42" E, a distance of 3,695.86 feet along and | ||
with the South line of said 638.41 acre tract and the North line of | ||
said 300.05 acre tract and said 79.916 acre tract to a 1-1/4 inch | ||
iron pipe found (Control Monument) for the Northeast corner of said | ||
79.916 acre tract and the Northeast corner of the herein described | ||
423.48 acre tract, same being a Northwest corner of a called | ||
616.0368 acre tract of land described in an instrument to Mcgill | ||
Legacy, Ltd. filed for record under H.C.C.F. No. S326025; | ||
THENCE, S 02°04'46" E, a distance of 3,775.47 feet along and | ||
with the East line of said 79.916 acre tract and a West line of said | ||
616.0368 acre tract to a 1/2-inch iron rod found for angle point, | ||
same being the Southeast corner of said 79.916 acre tract, a | ||
Northeast corner of said 300.05 acre tract, a Southwest corner of | ||
said 616.0368 acre tract and the Northwest corner of a called | ||
74.4739 acre tract of land described in an instrument to Melage, LP | ||
filed for record under H.C.C.F. No. 20080160063; | ||
THENCE, S 02°09'39" E, a distance of 1,226.46 feet along and | ||
with the East line of said 300.05 acre tract and the West line of | ||
said 74.4739 acre tract to a 1-inch iron pipe found for the | ||
Southeast corner of said 300.05 acre tract, the Northeast corner of | ||
a called 460.6459 acre tract described in an instrument to Cowden | ||
Walter Limited Partnership filed for record under H.C.C.F. | ||
No. Y15284 and the Southeast corner of the herein described 423.48 | ||
acre tract; | ||
THENCE, S 87°52'33" W, a distance of 3,687.27 feet along and | ||
with the South line of said 300.05 acre tract and the South line of | ||
said 40 acre tract to a 1/2-inch iron pipe with cap stamped "Brown & | ||
Gay" set in the centerline of Stockdick Road (unimproved) for the | ||
Southwest corner of the herein described tract, same being the | ||
Southwest corner of said 40 acre tract, same also being the | ||
Southwest corner of a 30-foot right-of-way described in an | ||
instrument to the County of Harris filed for record under Volume | ||
1116, Pg. 304 of the Harris County Deed Records, and from which a | ||
1/2-inch iron pipe bears S 81° 28' 24" E, 3.62 feet and a found | ||
5/8-inch iron rod bears N 87° 52' 33" E, 30.00 feet; | ||
THENCE, N 02°06'55" W, along and with the West line of said 40 | ||
acre tract, the West line of said 30-foot right-of-way tract and the | ||
centerline of said Stockdick School Road, at a distance of 1,475.00 | ||
feet passing the Northwest corner of said 30-foot right-of-way | ||
tract, the Northwest corner of said 40 acre tract, a Southwest | ||
corner of said 300.05 acre tract, the terminus of said Stockdick | ||
School Road and continuing for a total distance of 2,360.64 feet to | ||
a 5/8-inch iron rod found for the Southeast corner of Lot 40 of J.W. | ||
Metzler's Subdivision, a subdivision plat filed for record under | ||
Volume 500, Page 235, H.C.D.R., same also being the Southeast | ||
corner of a called 20 acre tract described in an instrument to J. | ||
Glenn Lee filed for record under H.C.C.F. No. S385762; | ||
THENCE, N 02°20'41" W, a distance of 657.08 feet along and | ||
with the West line of said 300.05 acre tract and the East line of | ||
Lots 40 through 36 of said Metzler's Subdivision to a 1/2-inch iron | ||
pipe found for and angle point, same being the Northeast corner of | ||
Lot 36 of said Metzler's Subdivision, the Northeast corner of said | ||
20 acre tract and the Southeast corner of a called 0.8128 acre tract | ||
of land described as Parcel 30A in an instrument to the County of | ||
Harris filed for record under H.C.C.F. No. 20090413850; | ||
THENCE, N 02°14'50" W, along and with the West line of said | ||
300.05 acre tract and the East line of said 0.8128 acre tract, at a | ||
distance of 1,056.00 passing the Northeast corner of said 0.8128 | ||
acre tract, the Southeast corner of Lot 27 of said Metzler's | ||
Subdivision, the Southeast corner of the remainder of said called | ||
26.810 acre tract and continuing along and with the West line of | ||
said 300.05 acre tract and the East line of the remainder of Lots 27 | ||
through 21 of said Metzler's Subdivision for a total distance of | ||
1,980.09 feet to the POINT OF BEGINNING and containing 423.48 acres | ||
(18,446,664 square feet) of land. | ||
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 | ||
7933, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7933.106 to read as follows: | ||
Sec. 7933.106. 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. |