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.