Bill Text: TX HB4198 | 2015-2016 | 84th Legislature | Comm Sub

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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-Comm_Sub.html

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84R23639 TSR-F
By: Schofield H.B. No. 4198
Substitute the following for H.B. No. 4198:
By: Martinez Fischer C.S.H.B. No. 4198

A BILL TO BE ENTITLED
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) Rose Montalbano;
(2) Calvin Browne;
(3) Ryan Quinn;
(4) Tamara Webb; and
(5) Stephanie Bowden.
(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.