Bill Text: TX SB1071 | 2013-2014 | 83rd Legislature | Engrossed
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. 532; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [SB1071 Detail]
Download: Texas-2013-SB1071-Engrossed.html
Bill Title: Relating to the creation of the Harris County Municipal Utility District No. 532; providing authority to impose a tax and issue bonds; granting a limited power of eminent domain.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2013-06-14 - Effective immediately [SB1071 Detail]
Download: Texas-2013-SB1071-Engrossed.html
By: Hegar | S.B. No. 1071 |
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relating to the creation of the Harris County Municipal Utility | ||
District No. 532; providing authority to impose a tax and issue | ||
bonds; granting a limited power of eminent domain. | ||
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 8443 to read as follows: | ||
CHAPTER 8443. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 532 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8443.001. 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. 532. | ||
Sec. 8443.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8443.003. 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. 8443.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 8443.003 | ||
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. 8443.005. 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. 8443.006. 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. 8443.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8443.052, directors serve | ||
staggered four-year terms. | ||
Sec. 8443.052. 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 8443.003; 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 8443.003 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 8443.003; 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. 8443.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8443.102. 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. 8443.103. 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. 8443.104. 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. 8443.105. 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. 8443.151. 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 8443.153. | ||
(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. 8443.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8443.151, 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. 8443.153. 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. 8443.201. 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. 8443.202. 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. 8443.203. 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. | ||
532 initially includes all the territory contained in the following | ||
area: | ||
BEING a 473.9311 acre tract of land situated in Section 69, | ||
Block 2 of the H. & T.C.R.R. Company Survey, Abstract No. 459 of | ||
Harris County, Texas, being all of the Northeast 1/4 and a portion | ||
of the Southeast and Southwest 1/4 of said Section 69, same also | ||
being all of those certain tracts of land described in an instrument | ||
to Lynell Freeman, Trustee of the Freeman Family Trust recorded | ||
under Harris County Clerk's File Number (H.C.C.F. No.) U390809 and | ||
U390807, excluding the portion of said tracts lying within the | ||
right-of-way of Farm-to-Market Road 529, said 473.9311 acre tract | ||
of land being more particularly described by metes and bounds as | ||
follows: | ||
BEGINNING at a railroad spike in asphalt found in the | ||
centerline of Katy-Hockley Cut-Off Road (60-foot width) and | ||
Longenbaugh Road (60-foot width) for the Northeast corner of said | ||
Section 69, same being the Southwest corner of Section 57, Block 2 | ||
of the H. & T.C.R.R. Company Survey, Abstract No. 443, the Northwest | ||
corner of Section 58, Block 2 of the H.& T. C. R.R. Company Survey | ||
(George Spencer Survey), Abstract No. 1368, the Southeast corner of | ||
Section 70, Block 2 of the H. & T.C.R.R. Company Survey and the | ||
Southeast corner of the J.E. Cabaniss Survey, Abstract No. 1470 | ||
which is out of said Section 70; | ||
THENCE, S 02° 06' 22" E, a distance of 5,128.30 feet along the | ||
centerline of said Katy-Hockley Cut-Off, the East line of said | ||
Section 69 and the West line of said Section 58 to a point for | ||
corner; | ||
THENCE, S 87° 53' 38" W, a distance of 30.00 feet to a point | ||
for corner in the North right-of-way line of Farm-to-Market Road | ||
529 (H.C.C.F. No. C351486 & C261186) and from which a found 4"x4" | ||
concrete monument bears N 43° 07' E, 1.27 feet; | ||
THENCE, S 43° 07' 01" W, a distance of 133.21 feet along the | ||
Northwest cut-back line of the intersection of said Katy-Hockley | ||
Road and Farm-to-Market Road 529 (120-foot width) to a point for | ||
corner in the North right-of-way line of said Farm-to-Market Road | ||
529; | ||
THENCE, S 87° 53' 30" W, a distance of 5,045.90 feet along the | ||
North right-of-way line of said Farm-to-Market Road 529 to a 4"x4" | ||
concrete monument found for the Southeast corner of the Northeast | ||
cut-back of the intersection of said Farm-to-Market Road 529 and | ||
Katy-Hockley Road; | ||
THENCE, N 47° 06' 59" W, a distance of 135.29 feet along the | ||
Northeast cut-back line of the intersection of said Farm-to-Market | ||
Road 529 and Katy-Hockley Road to a point for corner in the East | ||
right-of-way line of said Katy-Hockley Road (60-foot width) and | ||
from which a found concrete monument bears S 40° 50' E, 3.13 feet; | ||
THENCE, S 87° 58' 20" W, a distance of 30.00 feet to a point | ||
for corner in the centerline of said Katy-Hockley Road (60-foot | ||
width) and being in the West line of said Section 69; | ||
THENCE, N 02° 01' 40" W, a distance of 2,490.97 feet along the | ||
West line of said Section 69 and the centerline of said Katy-Hockley | ||
Road (60-foot width) to a 5/8-inch iron rod found for the Northwest | ||
corner of the Southwest 1/4 of said Section 69, same being the | ||
Southwest corner of a called 1.00 acre tract described in an | ||
instrument filed for record under H.C.C.F. No. D748274; | ||
THENCE, N 88° 02' 19" E, along the North line of the Southwest | ||
1/4 of said Section 69, the South line of said 1.00 acre tract and | ||
the South line of a called 158.167 acre tract described in an | ||
instrument filed for record under H.C.C.F. No. 20110061749, at | ||
distance of 30.00 pass the East right-of-way line of said | ||
Katy-Hockley Road, at a distance of 313.00 feet pass the Southeast | ||
corner of said 1.0 acre tract and a Southwest corner of said 158.167 | ||
acre tract and continuing for a total distance of 2,645.41 feet to a | ||
point for the Northeast corner of the Southwest1/4 of said Section | ||
69, the Southwest corner of the Northeast 1/4 of said Section 69, | ||
the Northwest corner of the Southeast 1/4 of said Section 69, same | ||
also being the Southeast corner of said 158.167 acre tract; | ||
THENCE, N 02° 01' 40" W, a distance of 2,642.89 feet along the | ||
East line of said 158.167 acre tract and the West line of the | ||
Northeast 1/4 of said Section 69 to a point for the Northwest corner | ||
of the Northeast 1/4 of said Section 69, same being the Northeast | ||
corner of said 158.167 acre tract, the most Southerly Southwest | ||
corner of said J.E. Cabaniss Survey, Abstract No. 1470, the | ||
Southeast corner of a called 75.308 acre tract of land described in | ||
an instrument filed for record under H.C.C.F. No. T291060, the | ||
Southeast corner of the G.H. Holley Survey, Abstract 1480 and the | ||
most Southerly Southwest corner of a called 400 acre tract of land | ||
described in an instrument to Jesse L. Freeman filed for record | ||
under Volume 1212, Page 482 of the Harris County Deed Records; | ||
THENCE, N 87° 54' 21" E, a distance of 2,643.72 feet along the | ||
South line of said 400.00 acres, the South line of said J.E. | ||
Cabaniss Survey, Abstract No. 1470 and the North line of the | ||
Northeast 1/4 of said Section 69 to the POINT OF BEGINNING and | ||
containing 473.911 acres 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 | ||
8443, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8443.106 to read as follows: | ||
Sec. 8443.106. 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 Subsection (c), | ||
Section 17, 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. |