Bill Text: TX SB2257 | 2017-2018 | 85th Legislature | Comm Sub

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Bill Title: Relating to the creation of the Harris County Municipal Utility District No. 554; 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) 2017-05-05 - Recommendations filed with the Senate [SB2257 Detail]

Download: Texas-2017-SB2257-Comm_Sub.html

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By: Kolkhorst S.B. No. 2257
(In the Senate - Filed March 28, 2017; April 3, 2017, read
first time and referred to Committee on Intergovernmental
Relations; April 26, 2017, reported favorably by the following
vote: Yeas 6, Nays 0; April 26, 2017, sent to printer.)
Click here to see the committee vote

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Harris County Municipal Utility
District No. 554; 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 7998 to read as follows:
CHAPTER 7998. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 554
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7998.001. 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. 554.
Sec. 7998.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7998.003. 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. 7998.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7998.003
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. 7998.005. 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. 7998.006. 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. 7998.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7998.052, directors serve
staggered four-year terms.
Sec. 7998.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Matthew O'Neill;
(2) Tayo Ilori;
(3) Kayvon Tabrizi;
(4) Joan L. Gill; and
(5) Justin Klump.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7998.003; 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 7998.003 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 7998.003; 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. 7998.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7998.102. 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. 7998.103. 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. 7998.104. 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. 7998.105. 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. 7998.151. 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 7998.153.
(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. 7998.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7998.151, 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. 7998.153. 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. 7998.201. 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. 7998.202. 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. 7998.203. 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. 554 initially includes all the territory contained in the
following area:
Being 95.955 acres of land located in the Harris County
School Land Survey, Abstract 332, Harris County, Texas, more
particularly being all of that certain called 51.210 acre tract
described in the deed from Lenert Investments, LLC to AHTX 3LLC, ET
AL., by an instrument of record in File No. RP-2016-67420, Official
Public Records of Real Property of said Harris County, Texas, same
being a portion of that certain called 44.745 acre tract described
in the deed from Cunningham Interests H, LTD. to Marlon R. Davis, by
an instrument of record File No. 20150025169, Official Public
Records of Harris County, Texas, said 95.955 acres being more
particularly described in two (2) parts by metes and bounds as
follows:
TRACT ONE
BEING a 51.210 acre tract of land situated in the Harris
County School Land Survey A-332, being part of Lot 11 and Lot 12,
Section 9, Harris County, Texas, all of a call 38.516 acre tract of
land described by deed dated August 21, 2014. to Colt David Haack
and wife, Annette D. Haack, recorded under Film Code
No. 060-65-2281 of the Official Public Records of Real Property of
Harris County, Texas and all of a call 12.694 acre tract of land
described by deed dated September 11, 2014, to Colt David Haack and
wife, Annette D. Haack, recorded under Film Code No. 061-08-1088 of
the Official Public Records of Real Property of Harris County,
Texas said 38.516 acres and 12.694 acres being part of a call 70.801
acre tract of land described by deed dated November 3, 1999, to A.
J. Foyt, Jr., recorded under Clerk's File No. U071611, Official
Public Records of Real Property of Harris County, Texas, said
51.210 acres being more particularly described by metes and bounds
as follows:
BEGINNING at a 3/4 inch iron pipe found for the northeast
corner of a call 30.213 acre tract of land described by deed dated
May 6, 1998, now or formerly, Benjamin F. Pacleb and wife, Janice T.
Pacleb, recorded under Clerk's File No. T055052, Official Public
Records of Real Property Harris County, Texas, the southeast corner
of the original call 70.801 acre tract of land same being the
southeast corner of the call 38.516 acre tract of land for the POINT
OF BEGINNING and southeast corner of the herein described tract;
THENCE North 89 degrees 29 minutes 55 seconds West, along the
north line of the call 30.213 acre tract of land, the north line of
an original call 76.16 acre tract of land described by deed dated
March 10, 1994, now or formerly, Randall L. Weaver and Dana M.
Weaver, recorded under Clerk's File No. P763344, Official Public
Records of Real Property Harris County, Texas, the north line of a
call 20.00 acre tract of land described by deed dated May 20, 1996,
now or formerly, Xavier A. Cantu et al., recorded under Clerk's File
No. R939784, Official Public Records of Real Property Harris
County, Texas, the north line of a call 7.00 acre tract of land
described by deed dated May 9, 1996, now or formerly, Jimmy Cantu.
And Ruth Cantu, recorded under Clerk's File No. R924594, Official
Public Records of Real Property Harris County, Texas, the north
line of a call 15.39 acre tract of land, more or less, described by
deed dated September 16, 1994, now or formerly, Xavier A. Cantu and
Ruby Cantu, recorded under Clerk's File No. R074840, Official
Public Records of Real Property Harris County, Texas, a portion of
the north line of a call 12.8855 acre tract of land designated as
Tract 1 by deed dated May 21, 1983, now or formerly, O. D. Hakemack,
recorded under Clerk's File No. H995356, Official Public Records of
Real Property Harris County, Texas, a distance of 2289.79 feet to
the lower southwest corner of the call 38.516 acre tract of land for
the lower southwest corner of the herein described tract, from
which a 1 /2 inch rod found with a plastic identification cap bears
South 0.15 feet;
THENCE North 00 degrees 16 minutes 03 seconds East, a
distance of 315.37 feet to a 1/2 inch iron rod found with a plastic
identification cap stamped C & C Surveying for an apparent
northeast corner of a tract of land described by deed dated December
20, 1942, now or formerly, Oscar A. Huenefeld, recorded in Volume
1269, Page 349, Deed Records Harris County, Texas, for an interior
corner of the herein described tract;
THENCE North 89 degrees 25 minutes 37 seconds West, a
distance of 558.60 feet to a 1/2 inch iron rod found with a plastic
identification cap in the east line of Stokes Road, the upper
southwest corner of the call 70.801 acre tract of land for the upper
southwest corner of the herein described tract;
THENCE North 00 degrees 13 minutes 28 seconds East, along the
east line of Stokes Road, at 335.11 feet pass a 1/2 inch iron rod
found with a plastic identification cap for the northwest corner of
the call 38.516 acre tract of land, the southwest corner of the call
12.694 acre tract of land, continuing a total distance of 564.66
feet to a 1/2 inch iron rod found with a plastic identification cap
for the northwest corner of the call 12.694 acre tract of land for
the northwest corner of the herein described tract;
THENCE South 88 degrees 24 minutes 04 seconds East, leaving
the east line of Stokes Road, a distance of 528.09 feet to a 1/2 inch
iron rod found with a plastic identification cap at a fence corner
post for an angle point of the call 12.694 acre tract of land for an
angle point of the herein described tract;
THENCE North 87 degrees 52 minutes 42 seconds East, generally
along a fence line, a distance of 1684.07 feet to a 1/2 inch iron rod
found with a plastic identification cap at a fence corner post for
the northeast corner of the call 12.694 acre tract of land for the
upper northeast corner of the herein described tract;
THENCE South 00 degrees 16 minutes 22 seconds East, generally
along a fence line, a distance of 296.53 feet to a 1/2 inch iron rod
found with a plastic identification cap at a fence corner post in
the north line of the call 38.516 acre tract of land for the
southeast corner of the call 12.694 acre tract of land for an
interior corner of the herein described tract;
THENCE South 89 degrees 29 minutes 55 seconds East, generally
along a fence line, along a portion of the north line of the call
38.516 acre tract of land, at 628.76 feet pass a fence corner post,
continuing a total distance of 633.26 feet to a 1/2 inch iron rod
found with a plastic identification cap in a north-south fence line
for the northeast corner of the call 38.516 acre tract of land for
the lower northeast corner of the herein described tract;
THENCE South 00 degrees 04 minutes 35 seconds West (bearing
basis), along a portion of the east line of the call 38.516 acre
tract of land, a distance of 651.19 feet to the POINT OF BEGINNING,
containing within these metes and bounds a 51.210 acre tract of
land, more or less, as surveyed by Robert McCay, Registered
Professional Land Surveyor No. 4509, September 26, 2014.
TRACT TWO
All that certain tract or parcel containing 44.7455 acres of
land out of that certain 81.0465 acre tract of land situated in the
Harris County School Land Survey, A-332 in Harris County, Texas,
said 31.0465 acre tract being that same tract of land as described
in a deed filed for record under Harris County Clerk's File
No. 20130626732, said 44.7455 acre tract- of land being more
particularly described by metes and bounds as follows:
COMMENCING at a 5/8" iron rod with Tony P. Swonke RPLS 4767
cap (found) in the West right-of-way line of Binford Road, (60.00
feet in width), marking the Southeast corner of that certain call
29.971 acre tract of land as described in a deed filed for record
under Harris County Clerk's File No. 20100221984 and the Northeast
corner of that certain call 139.81 acre tract of land as described
in a deed filed for record under Harris County Clerk's file
No. 20130178495;
THENCE S 00°47'37" E, a distance of 1,623.78 feet along the
west right-of-way line of said Binford Road and the East line of
said 139.81 acre tract of land to a 5/8" iron rod with Tony P. Swonke
RPLS 4767 cap (found) marking the Southeast corner of said 139.81
acre tract of land, the Northeast corner of said 81.0465 acre tract
of land and the Northeast corner and POINT OF BEGINNING of the
herein described 44.7455 acre tract of land;
THENCE S 02°48'43" E, a distance of 1,188.19 feet along the
West right-of-way line of said Binford Road and the East line of
said 81.0465 acre tract of land to a 5/8" iron rod with EIC cap
(found) marking the northeast corner of a 43.9932 acre remainder of
that certain call 522.223 acre tract of land as described in a deed
filed for record under Harris County Clerk's File No. 20080314221,
and the Easterly-Southeast corner of said 81.0465 acre tract of
land and the Southeast corner of the herein described 44.7455 acre
tract of land;
THENCE S 86°55'14" W, a distance of 939.31 feet along the
common line of said 49.9932 acre remainder tract and said 81.0465
acre tract of land to a 5/8" iron rod with EIC cap (found) for angle
point;
THENCE S 89°41-55" W, a distance of 653.87 feet along the
common line of said 49.9932 acre remainder tract and said 81.0465
acre tract of land to a 5/8" iron rod with ElC cap (found) marking
the Northwest corner of said 49.9932 acre remainder tract, an
interior corner of said 81.0465 acre tract of land and the Southwest
corner of the herein described 44.7455 acre tract of land;
THENCE N 01°50'36" W, a distance of 1,285.12 feet to a 5/8"
iron rod with EIC cap (set) in the South line of said 139.81 acre
tract of land and the North line of said 81.0465 acre tract of land
marking Northwest corner of the herein described 44.7455 acre tract
of land;
THENCE N 89°56'03" E, a distance of 1,573.03 feet along the
common line of said 139.81 acre and said 81.0485 acre tracts of land
to the POINT OF BEGINNING and containing 44.7455 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
7998, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7998.106 to read as follows:
Sec. 7998.106. 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, 2017.
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