84R23639 TSR-F
	By: Schofield	H.B. No. 4198
	Substitute the following for H.B. No. 4198:
	By:  Martinez Fischer	C.S.H.B. No. 4198

	A BILL TO BE ENTITLED
	relating to the creation of the Harris County Municipal Utility
	District No. 543; 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 7933 to read as follows:
	CHAPTER 7933.  HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 543
	SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 7933.001.  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. 543.
	Sec. 7933.002.  NATURE OF DISTRICT.  The district is a
	municipal utility district created under Section 59, Article XVI,
	Texas Constitution.
	Sec. 7933.003.  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. 7933.004.  CONSENT OF MUNICIPALITY REQUIRED. The
	temporary directors may not hold an election under Section 7933.003
	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. 7933.005.  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. 7933.006.  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. 7933.051.  GOVERNING BODY; TERMS.  (a)  The district is
	governed by a board of five elected directors.
	(b)  Except as provided by Section 7933.052, directors serve
	staggered four-year terms.
	Sec. 7933.052.  TEMPORARY DIRECTORS. (a) The temporary board
	consists of:
	(1)  Rose Montalbano;
	(2)  Calvin Browne;
	(3)  Ryan Quinn;
	(4)  Tamara Webb; and
	(5)  Stephanie Bowden.
	(b)  Temporary directors serve until the earlier of:
	(1)  the date permanent directors are elected under
	Section 7933.003; 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 7933.003 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 7933.003; 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. 7933.101.  GENERAL POWERS AND DUTIES.  The district has
	the powers and duties necessary to accomplish the purposes for
	which the district is created.
	Sec. 7933.102.  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. 7933.103.  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. 7933.104.  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. 7933.105.  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. 7933.151.  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 7933.153.
	(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. 7933.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
	authorized at an election held under Section 7933.151, 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. 7933.153.  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. 7933.201.  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. 7933.202.  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. 7933.203.  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.
	543 initially includes all the territory contained in the following
	area:
	BEING a 423.48 acre (18,446,664 square foot) tract of land
	situated in the H. & T. C. R.R. Co. Survey Sec. 20, J.A. Arnold
	Survey, Abstract No. 1376 (W.L. Mounts Survey A-1376) and the H. &
	T.C.R.R. Co. Survey Sec. 21, Abstract No. 424 of Harris County,
	Texas and being all of a called 40 acre tract of land described in an
	instrument to C.E. Freeman filed for record under Volume 1203, Page
	77 of the Harris County Deed Records (H.C.D.R.), all of a called
	300.05 acre tract of land described in an instrument to C.E. Freeman
	filed for record under Volume 1691, Page 734, H.C.D.R. and all of a
	called 79.916 acre tract of land described in an instrument to C.E.
	Freeman filed for record under Volume 3599, Page 60, H.C.D.R, said
	423.48 acre tract of land being more particularly described by
	metes and bounds as follows:
	BEGINNING at a 1/2-inch iron pipe found inside of a 2-inch
	iron pipe (Control Monument) for the Northwest corner of said
	300.05 acre tract and the Northwest corner of the herein described
	423.48 acre tract, same being the Northeast corner of Lot 21 of
	J.W. Metzler's Subdivision, a subdivision plat filed for record
	under Volume 500, Page 235 of the Harris County Deed Records, said
	Lot 21 being part of a called 26.810 acre tract described in an
	instrument to Karim Virani filed for record under Harris County
	Clerk's File No. (H.C.C.F.) V510692, same also being in the South
	line of a called 638.41 acre tract of land described in an
	instrument to Fry Road Venture, L.P. filed for record under
	H.C.C.F. No. Z078087;
	THENCE, N 87°48'42" E, a distance of 3,695.86 feet along and
	with the South line of said 638.41 acre tract and the North line of
	said 300.05 acre tract and said 79.916 acre tract to a 1-1/4 inch
	iron pipe found (Control Monument) for the Northeast corner of said
	79.916 acre tract and the Northeast corner of the herein described
	423.48 acre tract, same being a Northwest corner of a called
	616.0368 acre tract of land described in an instrument to Mcgill
	Legacy, Ltd. filed for record under H.C.C.F. No. S326025;
	THENCE, S 02°04'46" E, a distance of 3,775.47 feet along and
	with the East line of said 79.916 acre tract and a West line of said
	616.0368 acre tract to a 1/2-inch iron rod found for angle point,
	same being the Southeast corner of said 79.916 acre tract, a
	Northeast corner of said 300.05 acre tract, a Southwest corner of
	said 616.0368 acre tract and the Northwest corner of a called
	74.4739 acre tract of land described in an instrument to Melage, LP
	filed for record under H.C.C.F. No. 20080160063;
	THENCE, S 02°09'39" E, a distance of 1,226.46 feet along and
	with the East line of said 300.05 acre tract and the West line of
	said 74.4739 acre tract to a 1-inch iron pipe found for the
	Southeast corner of said 300.05 acre tract, the Northeast corner of
	a called 460.6459 acre tract described in an instrument to Cowden
	Walter Limited Partnership filed for record under H.C.C.F.
	No. Y15284 and the Southeast corner of the herein described 423.48
	acre tract;
	THENCE, S 87°52'33" W, a distance of 3,687.27 feet along and
	with the South line of said 300.05 acre tract and the South line of
	said 40 acre tract to a 1/2-inch iron pipe with cap stamped "Brown &
	Gay" set in the centerline of Stockdick Road (unimproved) for the
	Southwest corner of the herein described tract, same being the
	Southwest corner of said 40 acre tract, same also being the
	Southwest corner of a 30-foot right-of-way described in an
	instrument to the County of Harris filed for record under Volume
	1116, Pg. 304 of the Harris County Deed Records, and from which a
	1/2-inch iron pipe bears S 81° 28' 24" E, 3.62 feet and a found
	5/8-inch iron rod bears N 87° 52' 33" E, 30.00 feet;
	THENCE, N 02°06'55" W, along and with the West line of said 40
	acre tract, the West line of said 30-foot right-of-way tract and the
	centerline of said Stockdick School Road, at a distance of 1,475.00
	feet passing the Northwest corner of said 30-foot right-of-way
	tract, the Northwest corner of said 40 acre tract, a Southwest
	corner of said 300.05 acre tract, the terminus of said Stockdick
	School Road and continuing for a total distance of 2,360.64 feet to
	a 5/8-inch iron rod found for the Southeast corner of Lot 40 of J.W.
	Metzler's Subdivision, a subdivision plat filed for record under
	Volume 500, Page 235, H.C.D.R., same also being the Southeast
	corner of a called 20 acre tract described in an instrument to J.
	Glenn Lee filed for record under H.C.C.F. No. S385762;
	THENCE, N 02°20'41" W, a distance of 657.08 feet along and
	with the West line of said 300.05 acre tract and the East line of
	Lots 40 through 36 of said Metzler's Subdivision to a 1/2-inch iron
	pipe found for and angle point, same being the Northeast corner of
	Lot 36 of said Metzler's Subdivision, the Northeast corner of said
	20 acre tract and the Southeast corner of a called 0.8128 acre tract
	of land described as Parcel 30A in an instrument to the County of
	Harris filed for record under H.C.C.F. No. 20090413850;
	THENCE, N 02°14'50" W, along and with the West line of said
	300.05 acre tract and the East line of said 0.8128 acre tract, at a
	distance of 1,056.00 passing the Northeast corner of said 0.8128
	acre tract, the Southeast corner of Lot 27 of said Metzler's
	Subdivision, the Southeast corner of the remainder of said called
	26.810 acre tract and continuing along and with the West line of
	said 300.05 acre tract and the East line of the remainder of Lots 27
	through 21 of said Metzler's Subdivision for a total distance of
	1,980.09 feet to the POINT OF BEGINNING and containing 423.48 acres
	(18,446,664 square feet) 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
	7933, Special District Local Laws Code, as added by Section 1 of
	this Act, is amended by adding Section 7933.106 to read as follows:
	Sec. 7933.106.  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, 2015.