By: Hegar	S.B. No. 1073
	(Murphy)

	A BILL TO BE ENTITLED
	relating to the creation of the Harris County Municipal Utility
	District No. 534; 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 8438 to read as follows:
	CHAPTER 8438.  HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 534
	SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 8438.001.  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. 534.
	Sec. 8438.002.  NATURE OF DISTRICT.  The district is a
	municipal utility district created under Section 59, Article XVI,
	Texas Constitution.
	Sec. 8438.003.  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. 8438.004.  CONSENT OF MUNICIPALITY REQUIRED. The
	temporary directors may not hold an election under Section 8438.003
	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. 8438.005.  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. 8438.006.  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. 8438.051.  GOVERNING BODY; TERMS.  (a)  The district is
	governed by a board of five elected directors.
	(b)  Except as provided by Section 8438.052, directors serve
	staggered four-year terms.
	Sec. 8438.052.  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 8438.003; 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 8438.003 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 8438.003; 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. 8438.101.  GENERAL POWERS AND DUTIES.  The district has
	the powers and duties necessary to accomplish the purposes for
	which the district is created.
	Sec. 8438.102.  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. 8438.103.  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. 8438.104.  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, zoning and
	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. 8438.105.  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. 8438.151.  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 8438.153.
	(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. 8438.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
	authorized at an election held under Section 8438.151, 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. 8438.153.  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. 8438.201.  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. 8438.202.  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. 8438.203.  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.
	534 initially includes all the territory contained in the following
	area:
	BEING a 559.0006 acre tract of land situated in Section 58,
	Block 2 of the H. & T.C.R.R. Company Survey (George Spencer Survey),
	Abstract No.1368 of Harris County, Texas and being all of a called
	240 acre tract of land described in an instrument to Jesse Freeman
	filed for record under Volume 599, Page 501 of the Harris County
	Deed Records (H.C.D.R.) and a portion of a called 320 acre tract of
	land described in an instrument to Jesse Freeman filed for record
	under Volume 3515, Page 383 H.C.D.R. , said 559.0006 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 Block 2 of the H. & T.C.R.R. Company Survey Abstract No.
	459, 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 and the Southeast corner
	of the J.E. Cabaniss Survey, Abstract No. 1470 which is out of
	Section 70, Block 2 of the H. & T.C.R.R. Company Survey;
	THENCE, N 87° 51' 45" E, a distance of 5,286.01 feet along and
	with the North line of said Section 58, the North lines of said 240
	acre tract and said 320 acre tract, the South line of said Section
	57 and the centerline of said Longenbaugh Road to a 1/2-inch iron
	rod found in asphalt at the centerline intersection of Longenbaugh
	Road (60-foot width) and Porter Road (60-foot width) same being the
	Northeast corner of said Section 58, the Northeast corner of said
	320 acre tract, the Southeast corner of said Section 57, the
	Northwest corner of Section 49, Block 2 of the H. & T.C.R.R. Company
	Survey Abstract No. 441 and the Southwest corner of the J.R. Garrett
	Survey, Abstract No. 1396;
	THENCE, S 02° 02' 45" E, a distance of 5,145.59 feet along and
	with the East line of said 320 acre tract, the East line of said
	Section 58 and the West line of said Section 49 and the centerline
	of said Porter Road (60-foot width) to a point for corner;
	THENCE, S 87° 57' 15" W, a distance of 30.00 feet to a point
	for corner in the West right-of-way line of said Porter Road and
	being the North end of the Northwest cut-back corner at the
	intersection of Farm-to-Market Road 529 (H.C.C.F. No. C254043) and
	Porter Road;
	THENCE, S 43° 18' 01" W, a distance of 134.45 feet along and
	with the Northwest cut-back at the intersection of Farm-to-Market
	Road 529 and Porter Road to a 4"x4" concrete monument found in the
	North right-of-way line of said Farm-to-Market Road 529 (120-foot
	width) for the South corner of said Northwest cut-back;
	THENCE, S 88° 19' 38" W, a distance of 1,847.77 feet along and
	with the North right-of-way line of said Farm-to-Market Road 529
	(120-foot width) to an angle point;
	THENCE, S 87° 54' 38" W, a distance of 677.08 feet along and
	with the North right-of-way line of said Farm-to-Market Road 529 to
	a point for corner in the West line of said 320 acre tract, same
	being the Southeast corner of a called 72.792 acre tract of land
	described in an instrument to FM 529 Cut Off Ltd filed for record
	under Harris County Clerk's File Number (H.C.C.F. No.) 20070284854
	and from which a 5/8-inch iron rod with cap stamped "Kalkomey
	Surveying" bears S 01°51' 46" E, 0.60 feet;
	THENCE, N 01° 51' 46" W, a distance of 1,223.28 feet along and
	with the East line of said 72.792 acre tract and the West line of
	said 320 acre tract to a 5/8-inch iron rod with cap stamped
	"Kalkomey Surveying" found for the Northeast corner of said 72.792
	acre tract and the Southeast corner of said 240 acre tract;
	THENCE, S 88° 32' 00" W, a distance of 2,635.40 feet along and
	with the North line of said 72.792 acre tract and the South line of
	said 240 acre tract to a point for corner in the centerline of said
	Katy-Hockley Cut-Off Road (60-foot width) being the Southwest
	corner of said 240 acre tract, same being in the West line of said
	Section 58, the East line of said Section 69 and from which a
	5/8-inch iron rod with cap stamped "Kalkomey Surveying" bears N 88°
	32' E, 30.95 feet;
	THENCE, N 02° 06' 22" W, a distance of 3,970.20 feet along and
	with the centerline of said Katy-Hockley Cut-Off Road, the West
	line of said Section 58 and said 240 acre tract and the East line of
	said Section 69 to the POINT OF BEGINNING and containing 559.0006
	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
	8438, Special District Local Laws Code, as added by Section 1 of
	this Act, is amended by adding Section 8438.106 to read as follows:
	Sec. 8438.106.  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.