Bill Text: TX HB964 | 2013-2014 | 83rd Legislature | Comm Sub

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. 529; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2013-06-14 - Effective immediately [HB964 Detail]

Download: Texas-2013-HB964-Comm_Sub.html
 
 
  By: Murphy (Senate Sponsor - Huffman) H.B. No. 964
         (In the Senate - Received from the House April 29, 2013;
  April 29, 2013, read first time and referred to Committee on
  Intergovernmental Relations; May 10, 2013, reported favorably by
  the following vote:  Yeas 5, Nays 0; May 10, 2013, sent to
  printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
 
  relating to the creation of the Harris County Municipal Utility
  District No. 529; granting a limited power of eminent domain;
  providing authority to issue bonds; providing authority to impose
  assessments, fees, or 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 8444 to read as follows:
  CHAPTER 8444.  HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 529
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8444.001.  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. 529.
         Sec. 8444.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8444.003.  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. 8444.004.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section 8444.003
  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. 8444.005.  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 a
  municipal utility district as provided by general law and Section
  59, Article XVI, Texas Constitution.
         Sec. 8444.006.  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. 8444.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8444.052, directors serve
  staggered four-year terms.
         Sec. 8444.052.  TEMPORARY DIRECTORS.  (a)  The temporary
  board consists of:
               (1)  Joseph Forrester;
               (2)  Eric Willis;
               (3)  George Kaleh;
               (4)  Jennifer Montgomery; and
               (5)  Dan Quinlan.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 8444.003; 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 8444.003 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 8444.003; 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. 8444.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8444.102.  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. 8444.103.  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. 8444.151.  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 8444.153.
         (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.
         Sec. 8444.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8444.151, 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. 8444.153.  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. 8444.201.  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. 8444.202.  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.
         SECTION 2.  The Harris County Municipal Utility District No.
  529 initially includes all the territory contained in the following
  area:
         TRACT 1
         BEING a 54.22 acre tract of land situated in the Joel Wheaton
  Survey, A-80, City of Houston, Harris County, Texas, being out of
  Lot 3 of Bringhurst Subdivision an unrecorded subdivision and being
  all or part of the following ten (10) tracts of land: a called
  18.4965 acre tract described and recorded under Harris County
  Clerk's File Number (H.C.C.F. No.) V502562, a called 2.9313 acre
  tract described and recorded under H.C.C.F. No. Z195460, a called
  2.9228 acre tract described and recorded under H.C.C.F. No.
  Z162927, a called 3.5932 acre tract described as Tract 1, a called
  3.000 acre tract described as Tract 2, a called 4.0403 acre tract
  described as Tract 4 all three recorded under H.C.C.F. No. Z167404,
  a called 8.211 acre tract described and recorded under H.C.C.F. No.
  Z023414, a called 3.4341 acre tract described and recorded under
  H.C.C.F. No. V374135, a called 8.2113 acre tract described and
  recorded under H.C.C.F. No. Y751625 and a called 3.4341 acre tract
  described and recorded under H.C.C.F. No. Z023415, said 54.22 acre
  tract being more particularly described by metes and bounds as
  follows;
         BEGINNING at a 3/4-inch iron pipe found for the southwest
  corner of said 18.4965 acre tract and the southeast corner of a
  called 21.8525 acre tract described and recorded under H.C.C.F. No.
  20110402697 and being in the northern right-of-way line of
  Westheimer Road (120-foot wide) as shown on the plat recorded in
  Volume 331, Page 4 of the Harris County Map Records (H.C.M.R.)
         THENCE, N 01° 42' 00" W, a distance of 2,092.45 feet (Called
  SOUTH 2092.35 feet per H.C.C.F. No. V502562) along the line common
  to said 18.4965 acre tract and said 21.8525 acre tract to a 3/4-inch
  iron rod found for the most southerly southwest corner of LAKES OF
  PARKWAY SEC. 17 as shown on the plat recorded at Film Code No.
  563202 of the H.C.M.R. and being the northwest corner of the herein
  described tract;
         THENCE, N 87° 24' 19" E, a distance of 502.67 feet (Called S
  89°05'17" W 502.62 feet per H.C.C.F. No. V502562) along the line
  common to said 18.4965 acre tract and said LAKES OF PARKWAY SEC. 17
  and LAKES OF PARKWAY SEC. 14 as shown on the plat recorded at Film
  Code No. 540188 of the H.C.M.R. to a 1/2-inch iron pipe with cap
  stamped BROWN & GAY set for the northeast corner of said 18.4965
  acre tract and being in the west line of said called 8.2113 acre
  tract described and recorded under H.C.C.F. No. Y751625;
         THENCE, N 02° 05' 46" W, a distance of 515.73 feet (Called N
  00°05'15" E per H.C.C.F. No. Y751625) along the line common to said
  8.2113 acre tract and said LAKES OF PARKWAY SEC. 14 to a 5/8-inch
  iron rod found for the southwest corner of SAN BRISAS APARTMENTS
  REPLAT NO. 1 as shown on the plat recorded at Film Code No. 571150 of
  the H.C.M.R.;
         THENCE, N 87° 55' 42" E, a distance of 448.11 feet (Called S
  89°53'17" E 448.11 feet per H.C.C.F. No. Y751625) along the line
  common to said 8.2113 acre tract and said SAN BRISAS APARTMENTS
  REPLAT NO. 1 to a 5/8-inch iron rod found for corner and being in the
  west line of said called 3.4341 acre tract described and recorded
  under H.C.C.F. No. Z023415;
         THENCE, N 02° 04' 17" W, a distance of 136.30 feet along the
  line common to said 3.4341 acre tract and said SAN BRISAS APARTMENTS
  REPLAT NO. 1 to a 5/8-inch iron rod with cap stamped EHRA
  713-784-4500 found for the southwest corner of a called 1.0000 acre
  tract described and recorded under H.C.C.F. No. U668014 and the
  northwest corner of said 3.4341 acre tract;
         THENCE, N 87° 29' 27" E, a distance of 520.39 feet (Called N
  89°42'32" E 520.60 feet per H.C.C.F. No. Z023415) along the line
  common to said 3.4341 acre tract and said 1.0000 acre tract to a
  5/8-inch iron rod with cap stamped EHRA 713-784-4500 found for the
  common eastern corners of said tracts and being in the west line of
  RORICK PLACE as shown on the plat recorded at Film Code No. 468117
  of the H.C.M.R.;
         THENCE, S 02° 07' 56" E, a distance of 287.70 feet (Called S
  00°02'40" W 287.26 feet per H.C.C.F. No. Z023415) along the line
  common to said 3.4341 acre tract and said RORICK PLACE and ELDRIDGE
  LAND, LLC as shown on the plat recorded at Film Code No. 456014 of
  the H.C.M.R. to a 5/8-inch iron rod found for the southeast corner
  of said 3.4341 acre tract and being in the north line of ELDRIDGE
  APARTMENTS as shown on the plat recorded at Film Code No. 522292 of
  the H.C.M.R.;
         THENCE, S 87° 32' 02" W, a distance of 520.69 feet (Called S
  89°42'32" W 520.93 feet per H.C.C.F. No. Z023415) along the line
  common to said 3.4341 acre tract and said ELDRIDGE APARTMENTS to a
  1/2-inch iron pipe with cap stamped BROWN & GAY set for an interior
  ell corner of the herein described tract and being in the east line
  of the afore mentioned 8.2113 acre tract;
         THENCE, S 02° 04' 17" E, a distance of 573.71 feet (Called S
  00°06'43" W per H.C.C.F. No. Y751625) along the line common to said
  8.2113 acre tract and said ELDRIDGE APARTMENTS to a Nail with shiner
  found for the northwest corner of said 3.4341 acre tract described
  and recorded under H.C.C.F. No. V374135;
         THENCE, N 87° 32' 02" E, a distance of 521.29 feet (Called N
  89°42'32" E 521.61 feet per H.C.C.F. No. V374135) along the line
  common to said 3.4341 acre tract and said ELDRIDGE APARTMENTS to a
  1/2-inch iron rod found for the northeast corner of said 3.4341 acre
  tract and being in the west line of Rincon Drive (60-foot wide) as
  shown on the plat recorded at Film Code No. 408056 of the H.C.M.R.;
         THENCE, S 02° 07' 48" E, a distance of 286.10 feet (Called S
  00°02'40" W 286.70 feet per H.C.C.F. No. V374135) along the east
  line of said 3.4341 acre tract and the west line of said Rincon
  Drive and the west line of CONCIERGE CARE PARTIAL REPLAT as shown on
  the plat recorded at Film Code No. 421008 of the H.C.M.R. to a
  5/8-inch iron rod found for the northeast corner of a called 3.4341
  acre tract described and recorded under H.C.C.F. No. X753041;
         THENCE, S 87° 31' 32" W, a distance of 521.58 feet (Called S
  89°42'32" W 521.95 feet per H.C.C.F. No. V374135) along the line
  common to the two said 3.4341 acre tracts to a 1/2-inch iron pipe
  with cap stamped BROWN & GAY set for the west corner common to said
  3.4341 acre tracts and being in the east line of said called 8.211
  acre tract described and recorded under H.C.C.F. No. Z023414;
         THENCE, S 02° 04' 17" E, a distance of 579.26 feet (Called S
  00°06'43" W per H.C.C.F. No. Z023414) along the line common to said
  8.211 acre tract and said 3.4341 acre tract and a called 3.433 acre
  tract to a 1/2-inch iron pipe with cap stamped BROWN & GAY set for
  the southeast corner of said 8.211 acre tract and being in the north
  line of said called 4.0403 acre tract described and recorded under
  H.C.C.F. No. Z167404;
         THENCE, S 04° 05' 23" E, a distance of 27.97 feet to a MAG Nail
  in asphalt road found for the northwest corner of a called 3.59 acre
  tract described and recorded under H.C.C.F. No. 20100549644;
         THENCE, S 01° 59' 03" E, a distance of 330.00 feet (Called S
  00°41'03" W 330.01 feet per H.C.C.F. No. Z167404) along the line
  common to said 3.59 acre tract and said 4.0403 acre tract to a MAG
  Nail found in asphalt road for the southwest corner of said 3.59
  acre tract and southeast corner of said 4.0403 acre tract;
         THENCE, S 87° 25' 08" W, a distance of 20.00 feet to a 5/8-inch
  iron rod with cap stamped BENCHMARK ENGR. found for the northeast
  corner of said 3.000 acre tract;
         THENCE, S 01° 59' 03" E, a distance of 305.61 feet (Called S
  00°41'03" W 305.62 feet per H.C.C.F. No. Z167404) along the east
  line of said 3.000 acre tract to 1/2-inch iron pipe with cap stamped
  BROWN & GAY set for the southeast corner of said 3.000 acre tract;
         THENCE, N 87° 25' 08" E, a distance of 20.00 feet to a MAG Nail
  found in asphalt road for the northeast corner of said 3.5932 acre
  tract;
         THENCE, S 01° 59' 03" E, a distance of 101.16 feet (Called S
  00° 41' 03" W, per H.C.C.F. No. Z167404) along the line common to
  said 3.5932 acre tract and a called 2.8470 acre tract described as
  Tract III and a called 0.7462 acre tract described as Tract II, both
  recorded under H.C.C.F. No. 20090486602 to a 1/2-inch iron pipe
  with cap stamped BROWN & GAY set for the southeast corner of the
  herein described tract;
         THENCE, S 87° 27' 48" W, a distance of 659.02 feet over and
  across said 3.5932 acre tract and said 2.9228 acre tract to a
  1/2-inch iron pipe with cap stamped BROWN & GAY set for corner;
         THENCE, S 02° 21' 27" E, a distance of 250.00 feet (Called N
  00° 30' 35" E, per H.C.C.F. No. Z162927) to a 5/8-inch iron rod found
  for the southwest corner of said 2.9228 acre tract and the southeast
  corner of a called 2.9313 acre tract described and recorded under
  H.C.C.F. No. Z195460 and being in the northern right-of-way line of
  said Westheimer Road;
         THENCE, S 87° 27' 48" W, a distance of 306.23 feet (Called N
  89°11'42" E per H.C.C.F. No. V502562) along the northern
  right-of-way line of said Westheimer Road to the POINT OF BEGINNING
  and containing 54.22 acres of land.
         TRACT 2
         A METES AND BOUNDS description of a certain 38.83 acre tract
  of land situated in the Joel Wheaton Survey, Abstract No. 80 in
  Harris County, Texas; being a portion of a called 67.8 acre tract
  conveyed to The Restelle Company by Instruments recorded in Clerks
  File Nos G898468 and G898470, both of the Harris County Official
  Public Records of Real Property; said 38.83 acre tract being more
  particularly described as follows with all bearings being based on
  the Texas Coordinate System, South Central Zone, NAD 83:
         BEGINNING at a 5/8-inch iron rod found being the southeast
  corner of Westheimer At Eldridge Center recorded in Film Code No.
  388053, Harris County Map Records, also being in the north
  right-of-way of Westheimer Road (based on a width of 120 feet);
         THENCE, North 01°58'37" West, 3017.39 feet to a 5/8-inch iron
  rod (with cap stamped "Cotton Surveying") set being in the east line
  of Replat Parkway Plaza Section Two recorded in Film Code No.
  355131, Harris County Map Records;
         THENCE, North 88°01'23" East, 855.00 feet over and across said
  67.8 acre tract to a 5/8-inch iron rod (with cap stamped "Cotton
  Surveying") set being in the west line of Gentryside Townhomes
  recorded in Film Code No. 515264, Harris County Map Records;
         THENCE, South 01°44'06" East, 851.35 feet to a 5/8-inch iron
  rod (with cap stamped "Cotton Surveying") set being the southwest
  corner of Lot 8, Block 6, out of Reflections Section 1 recorded in
  Volume 293, Page 102, Harris County Map Records;
         THENCE, South 87°23'56" West, 399.90 feet to a 5/8-inch iron
  rod (with cap stamped "Cotton Surveying") set being the northwest
  corner of Lot 1, Block 6 out of said Reflections Section 1;
         THENCE, South 01°39'27" East, 2157.43 feet to a 5/8-inch iron
  rod (with cap stamped "Cotton Surveying") set being the southwest
  corner of Reserve "A" out of said Reflections Section 1, also being
  in the aforementioned north right-of-way;
         THENCE, South 87°27'49" West, 439.52 feet to the POINT OF
  BEGINNING, CONTAINING 38.83 acres of land in Harris County, Texas
  as shown on Drawing No. 7859 (OS) A in the office of Cotton
  Surveying Company in Houston, Texas.
         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
  8444, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 8444.104 to read as follows:
         Sec. 8444.104.  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, 2013.
 
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