Bill Text: TX HB2606 | 2021-2022 | 87th Legislature | Comm Sub

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Bill Title: Relating to the creation of the Harris County Municipal Utility District No. 578; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2021-05-14 - Laid on the table subject to call [HB2606 Detail]

Download: Texas-2021-HB2606-Comm_Sub.html

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87R15952 ANG-F
By: Perez H.B. No. 2606
Substitute the following for H.B. No. 2606:
By: Biedermann C.S.H.B. No. 2606

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Harris County Municipal Utility
District No. 578; 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 7914A to read as follows:
CHAPTER 7914A. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 578
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7914A.0101. 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. 578.
Sec. 7914A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7914A.0103. CONFIRMATION AND DIRECTOR 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. 7914A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7914A.0103 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. 7914A.0105. 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. 7914A.0106. 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. 7914A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 7914A.0202, directors
serve staggered four-year terms.
Sec. 7914A.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Sam Cocke;
(2) Lauren Brigance;
(3) Alissa Payne;
(4) Christopher Townsend; and
(5) Terry O'Kelley.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7914A.0103; 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 7914A.0103 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 7914A.0103; 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. 7914A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7914A.0302. 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. 7914A.0303. 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. 7914A.0304. 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 the road project is located.
(b) If a road project is not located in the corporate limits
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 a road project extends across the boundary of the
corporate limits of a municipality, the road project must meet:
(1) for a segment of a road project located in a
municipality, the applicable construction standards, subdivision
requirements, and regulations of that municipality; and
(2) for a segment of a road project located in the
unincorporated area of a county, the applicable construction
standards, subdivision requirements, and regulations of that
county.
(d) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 7914A.0305. 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. 7914A.0401. 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
7914A.0403.
(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. 7914A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7914A.0401, 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. 7914A.0403. 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. 7914A.0501. 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. 7914A.0502. 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. 7914A.0503. 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.
578 initially includes all the territory contained in the following
area:
Being 143.34 acres of land located in the Humphrey Jackson
Survey, Abstract 37, Harris County, Texas, Said 143.34 acre tract
being the remainder of that certain called 175.61 acre tract,
conveyed to Rampart Holding LP, by an instrument of record under
File Number Y254152, of the Official Public Records of Real
Property of said Harris County (H.C.O.P.R.R.P.); said 143.34 acre
tract being more particularly described by metes and bounds as
follows with all bearings referenced to the Texas Coordinate
System, South Central Zone, NAD 83 (NA2011);
BEGINNING at a 1/2-inch iron rod, found for the Northeast
corner of that certain called 32.272 acre tract conveyed to
Stonebridge at Newport, Inc by an instrument of record under File
Number RP-2016-30087, H.C.O.P.R.R.P.; same being on the south
right-of-way line of Diamondhead Boulevard (100' wide), as shown on
Newport Section 2, a subdivision of record in Volume 195, Page 35 of
the Map Records of said Harris County, Texas (H.C.M.R.), common
with the north line of said 175.61-acre tract, the beginning of a
curve;
Thence, 683.85 feet with said common line, along the arc of a
non-tangent curve to the left, having a radius of 2,050.00 feet, a
central angle of 19° 06' 47", and a chord which bears North 83° 44'
23" East, 680.68 feet to a point for corner;
Thence, North 74° 10' 59" East, continuing along said common
line, 614.03 feet to a point for corner, the beginning of a curve;
Thence, departing the south right-of-way line of said
Diamondhead Boulevard, along the east, south and west lines of said
175.61-acre tract the following seven (7) courses:
1. 953.50 feet along the arc of a non-tangent curve to the
right, having a radius of 1200.00 feet, a central angle
of 45° 31' 34", and a chord which bears South 09° 25' 13"
West, 928.61 feet to a point for corner;
2. South 32° 11' 00" West, 140.56 feet to a point for corner,
the beginning of a curve;
3. 441.82 feet along the arc of a tangent curve to the left,
having a radius of 2100.00 feet, a central angle of 12°
03' 16", and a chord which bears South 26° 09' 21" West,
441.01 feet to a point for corner;
4. South 20° 07' 44" West, 509.92 feet to a point for corner,
the beginning of a curve;
5. 367.37 feet along the arc of a tangent curve to the left,
having a radius of 2100.00 feet, a central angle of 10°
01' 24", and a chord which bears South 15° 07' 02" West,
366.90 feet to a point for corner;
6. South 88° 20' 45" West, 2983.90 feet to a point for
corner;
7. North 01° 33' 15" West, 2308.16 feet to a point for corner
in the south right-of-way line of the aforementioned
Diamondhead Boulevard, the beginning of a curve;
Thence, along the south right-of-way line of said Diamondhead
Boulevard, same being the north line of the aforementioned
175.61-acre tract the following five (5) courses:
1. 307.04 feet along the arc of a non-tangent curve to the
left, having a radius of 2,050.00 feet, a central angle
of 08° 34' 53", and a chord which bears North 78° 39' 01"
East, 306.75 feet to a point for corner;
2. North 74° 21' 35" East, 100.00 feet to a point for corner,
the beginning of a curve;
3. 1,320.66 feet along the arc of a tangent curve to the
right, having a radius of 1,950.00 feet, a central angle
of 38° 48' 15", and a chord which bears South 86° 14' 18"
East, 1,295.56 feet to a point for corner;
4. South 66° 50' 10" East, 100.00 feet to a point for corner,
the beginning of a curve;
5. 405.52 feet along the arc of a tangent curve to the left,
having a radius of 2,050.00 feet, a central angle of 11°
20' 02", and a chord which bears South 72° 30' 11" East,
404.86 feet to a 1/2-inch iron rod found for the
northwest corner of the aforementioned 32.272-acre
tract;
Thence, along the interior and exterior lines of the
aforementioned 32.272-acre tract the following the fifty-five (55)
courses:
1. South 23° 24' 08" West, 98.33 feet to a point for corner;
2. South 40° 32' 00" West, 518.07 feet to a point for corner,
the beginning of a curve;
3. 95.27 feet along the arc of a non-tangent curve to the
left, having a radius of 280.00 feet, a central angle of
19° 29' 42", and a chord which bears South 27° 25' 38"
East, 94.81 feet to a point for corner;
4. South 52° 49' 33" West, 152.91 feet to a 1/2-inch iron rod
found for corner;
5. South 87° 00' 20" West, passing at 116.70 feet, a found
5/8-inch iron rod with cap stamped "LJA ENG", continuing
for a total distance of 570.80 feet to a 1/2-inch iron
rod found for corner;
6. North 83° 00' 00" West, 730.02 feet to a 1/2-inch iron rod
found for corner;
7. South 12° 20' 00" West, 186.03 feet to a 1/2-inch iron rod
(bent) found for corner, the beginning of a curve;
8. 59.67 feet along the arc of a tangent curve to the left,
having a radius of 970.00 feet, a central angle of 03° 31'
28", and a chord which bears South 10° 34' 16" West, 59.66
feet to a 1/2-inch iron rod (bent) found for corner;
9. South 80° 00' 00" East, 80.00 feet to a 1/2-inch iron rod
found for corner;
10. South 03° 43' 00" West, 129.96 feet to a 1/2-inch iron rod
found for corner;
11. South 86° 17' 00" East, 20.59 feet to a 1/2-inch iron rod
found for corner, the beginning of a curve;
12. 18.14 feet along the arc of a non-tangent curve to the
right, having a radius of 1,130.00 feet, a central angle
of 00° 55' 12", and a chord which bears South 85° 58' 31"
East, 18.14 feet to a 1/2-inch iron rod found for corner;
13. North 04° 38' 12" East, 125.55 feet to a 1/2-inch iron rod
found for corner;
14. South 79° 58' 22" East, 560.67 feet to a 1/2-inch iron rod
found for corner;
15. North 83° 19' 11" East, 143.74 feet to a point for corner;
16. North 69° 10' 00" East, 422.60 feet to a point for corner;
17. North 71° 58' 11" East, passing at 84.38 feet a found
5/8-inch iron rod with cap stamped, "LJA ENG", at 313.60
feet found 5/8-inch iron rod with cap stamped, "LJA ENG",
continuing for a total distance of 414.60 feet to a point
for corner;
18. North 23° 54' 00" East, 407.00 feet to a 1/2-inch iron rod
found for corner;
19. North 84° 00' 00" East, 182.00 feet to a 1/2-inch iron rod
found for corner;
20. South 30° 38' 00" East, 207.00 feet to a 1/2-inch iron rod
found for corner;
21. South 24° 57' 00" East, 280.96 feet to a 1/2-inch iron rod
found for corner;
22. South 20° 00' 00" East, 800.67 feet to a point for corner;
23. South 33° 18' 00" West, 130.55 feet to a point for corner;
24. North 72° 34' 14" West, 164.95 feet to a point for corner;
25. North 69° 28' 00" West, passing at 680.61 feet a found
5/8-inch iron rod with cap stamped, "LJA ENG",
continuing for a total distance of 442.12 feet to a
1/2-inch iron rod found for corner;
26. South 16° 00' 00" West, 19.60 feet to a 1/2-inch iron rod
found for corner;
27. North 74° 00' 00" West, 60.00 feet to a point for corner;
28. North 63° 29' 54" West, 159.72 feet to a 5/8-inch iron rod
with cap stamped, "LJA ENG" found for corner;
29. North 87° 37' 27" West, 991.57 feet to a point for corner,
from which a found 1/2-inch iron rod bears South 65° 25'
50" West, 3.16 feet;
30. North 80° 00' 00" West, 457.09 feet to a 1/2-inch iron rod
found for corner;
31. North 86° 20' 00" West, 71.88 feet to a 1/2-inch iron rod
found for corner;
32. North 03° 31' 41" East, 122.80 feet to a 1/2-inch iron rod
found for corner, the beginning of a curve;
33. 5.99 feet along the arc of a non-tangent curve to the
left, having a radius of 1,070.00 feet, a central angle
of 00° 19' 15", and a chord which bears North 85° 42' 50"
West, 5.99 feet to a point for corner;
34. North 85° 52' 28" West, 24.01 feet to a 1/2-inch iron rod
found for corner;
35. South 03° 31' 41" West, 123.05 feet to a 1/2-inch iron rod
found for corner;
36. North 82° 48' 31" West, 212.69 feet to a 1/2-inch iron rod
with cap stamped "CEI 5127" found for corner;
37. South 88° 56' 00" West, 84.42 feet to a 1/2-inch iron rod
with cap stamped "CEI 5127" found for corner;
38. South 00° 40' 45" West, 56.19 feet to a 1/2-inch iron rod
with cap stamped "CEI 5127" found for corner;
39. South 76° 40' 00" East, 297.72 feet to a 1/2-inch iron rod
found corner;
40. South 68° 04' 14" East, 575.03 feet to a 1/2-inch iron rod
(bent) found corner;
41. South 84° 45' 58" East, 672.07 feet to a 1/2-inch iron rod
with cap stamped "CEI 3438" found for corner;
42. South 77° 59' 50" East, 314.70 feet to a 1/2-inch iron rod
with cap stamped "CEI 5127" found for corner;
43. South 87° 18' 47" East, 487.09 feet to a 1/2-inch iron rod
found for corner;
44. South 66° 32' 04" East, 349.78 feet to a point for corner;
45. South 86° 35' 17" East, 193.19 feet to a point for corner;
46. North 44° 36' 00" East, 41.91 feet to a point for corner;
47. North 07° 48' 02" West, 391.41 feet to a point for corner;
48. North 09° 10' 00" West, 438.39 feet to a point for corner;
49. North 04° 20' 00" West, 284.56 feet to a point for corner;
50. North 15° 39' 28" West, 137.52 feet to a point for corner;
51. North 33° 08' 00" West, 242.74 feet to a point for corner;
52. North 27° 18' 00" West, 95.00 feet to a point for corner;
53. North 00° 18' 00" West, 53.22 feet to a point for corner;
54. South 89° 42' 00" West, 44.24 feet to a point for corner;
55. North 32° 10' 53" West, 159.95 feet to the POINT OF
BEGINNING and containing 143.34 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
7914A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7914A.0306 to read as
follows:
Sec. 7914A.0306. 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, 2021.