Bill Text: TX SB2180 | 2021-2022 | 87th Legislature | Enrolled

---

Bill Title: Relating to the creation of the Harris County Municipal Utility District No. 581; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2021-05-24 - Effective immediately [SB2180 Detail]

Download: Texas-2021-SB2180-Enrolled.html

---

S.B. No. 2180

AN ACT
relating to the creation of the Harris County Municipal Utility
District No. 581; 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 7924A to read as follows:
CHAPTER 7924A. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 581
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7924A.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. 581.
Sec. 7924A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7924A.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. 7924A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7924A.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. 7924A.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. 7924A.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. 7924A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 7924A.0202, directors
serve staggered four-year terms.
Sec. 7924A.0202. 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 7924A.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 7924A.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 7924A.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. 7924A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7924A.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. 7924A.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. 7924A.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 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. 7924A.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. 7924A.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
7924A.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. 7924A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7924A.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. 7924A.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. 7924A.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. 7924A.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. 7924A.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. 581 initially includes all the territory contained in the
following area:
TRACT 1 65.233 ACRES
A TRACT OR PARCEL CONTAINING 65.233 ACRES OR 2,841,562 SQUARE
FEET OF LAND SITUATED IN THE WILLIAM SETTLE SURVEY, ABSTRACT NO.
705, HARRIS COUNTY, TEXAS, BEING THE RESIDUE OF A CALLED 66.07629
ACRE TRACT OF LAND, CONVEYED TO CYPRESS ROSE HILL, LTD. #1, AS
RECORDED UNDER HARRIS COUNTY CLERK'S FILE (H.C.C.F. NO. E031964
WITH SAID 65.233 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS, WITH ALL BEARINGS BASED ON THE TEXAS
STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE (NAD 83):
BEGINNING AT A CAPPED 5/8 INCH IRON ROD FOUND ON THE EAST
RIGHT-OF-WAY (R.O.W.) LINE OF CYPRESS ROSEHILL ROAD (100 FEET WIDE)
AS RECORDED UNDER H.C.C.F. NOS. 20080044631, 20080092981, AND
20080229033, FOR THE SOUTHWEST CORNER OF UNRESTRICTED RESERVE "F"
OF LAKES AT CYPRESS HILL, MAP OR PLAT THEREOF RECORDED UNDER FILM
CODE NO. 350084 OF THE HARRIS COUNTY MAP RECORDS (H.C.M.R.) AND THE
NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;
THENCE, NORTH 87 DEG. 47 MIN. 13 SEC. EAST, ALONG THE COMMON
LINE OF SAID UNRESTRICTED RESERVE "F", SAID CALLED 66.07629 ACRE
TRACT, AND LANDSCAPE RESERVE "B" OF SAID LAKES AT CYPRESS HILL, A
DISTANCE OF 1,516.12 FEET TO A 5/8 INCH IRON ROD FOUND FOR THE
NORTHEAST CORNER OF SAID CALLED 66.07629 ACRE TRACT AND THE HEREIN
DESCRIBED TRACT;
THENCE, SOUTH 02 DEG. 28 MIN. 37 SEC. EAST, ALONG THE EAST
LINE OF SAID CALLED 66.07629 ACRE TRACT, AND THE WEST LINE OF
RESERVE "B" OF SAID LAKES AT CYPRESS HILL, A DISTANCE OF 5.64 FEET
TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" SET FOR THE
NORTHWEST CORNER OF A CALLED 46.8686 ACRE TRACT OF LAND, CONVEYED TO
DAVID BRUCE JONES, AS RECORDED UNDER H.C.C.F. NO. 20110039327, FROM
WHICH A FOUND 1/2 INCH IRON ROD BEARS FOR REFERENCE NORTH 06 DEG. 24
MIN. 48 SEC. WEST, A DISTANCE OF 1.34 FEET;
THENCE, SOUTH 02 DEG. 28 MIN. 47 SEC. EAST, ALONG THE COMMON
LINE OF SAID CALLED 66.07629 ACRE TRACT, SAID CALLED 46.8686 ACRE
TRACT, A CALLED 2.7153 ACRE TRACT OF LAND CONVEYED TO DAVID BRUCE
JONES, AS RECORDED UNDER H.C.C.F. NO. 20110039327, AND A CALLED
30.0000 ACRE TRACT OF LAND, CONVEYED TO DAVID BRUCE JONES, AS
RECORDED UNDER H.C.C.F. NO. M282878, A DISTANCE OF 1,868.53 FEET TO
AN AXLE FOUND FOR THE SOUTHEAST CORNER OF SAID CALLED 66.07629 ACRE
TRACT;
THENCE, SOUTH 88 DEG. 10 MIN. 44 SEC. WEST, ALONG THE SOUTH
LINE OF SAID CALLED 66.07629 ACRE TRACT, A DISTANCE OF 1,524.78 FEET
TO A CAPPED 5/8 INCH IRON ROD STAMPED "S & V" FOUND ON THE EAST
R.O.W. LINE OF SAID CYPRESS ROSEHILL ROAD, FOR THE NORTHWEST CORNER
OF A CALLED 2.6547 ACRE TRACT, CONVEYED TO NORWEST MORTGAGE, INC. AS
RECORDED UNDER H.C.C.F. NO. R856420;
THENCE, NORTH 02 DEG. 12 MIN. 58 SEC. WEST, ALONG THE EAST
R.O.W. LINE OF SAID CYPRESS ROSEHILL ROAD, A DISTANCE OF 1,863.72
FEET TO THE POINT OF BEGINNING AND CONTAINING 65.233 ACRES OR
2,841,562 SQUARE FEET OF LAND, AS SHOWN ON JOB NO. 54760, PREPARED
BY WINDROSE LAND SERVICES.
TRACT 2 (58.396 ACRES)
A 58.396 acre, or 2,543,742 square feet more or less, tract of
land being the remaining portion of the 58.735 acre tract conveyed
to Hally Beth Walker Poindexter, as recorded in Clerk's File
No. E465875 in the Official Public Records of Real Property of
Harris County, Texas, in the F. Benignus Survey, Abstract 1463,
Harris County, Texas. Said 58.396 acre tract being more fully
described as follows, with bearings based on the North American
Datum of 1983 NAD 83 (NA2011) epoch 2010.00, from the Texas
Coordinate System established for the South Central Zone.
BEGINNING: At a found 3/4 inch iron rod on the north
right-of-way line of Grant Road, a 60-foot right-of-way, at the
southwest corner of said 58.735 acre tract, at the southeast corner
of the 3.975 acre tract conveyed to O'Conner Properties, No. One,
LLC, as recorded in Clerk's File No. 20140112827 in the Official
Public Records of Real Property of Harris County, Texas;
THENCE: N 02°11'41" W, along and with the west line of said
58.735 acre tract, the east line of said 3.975 acre tract, the east
line of the 10.2141 acre tract, conveyed to Emmanuel Baptist Church
of Houston Texas, as recorded in Clerk's File No. 20140542621, in
the Official Public Records of Real Property of Harris County,
Texas, the east line of the 6.6513 acre tract, conveyed to Doyle Kay
and Cynthia L. Kay, as recorded in Clerk's File No. 20080188383,
and the east line of the 3.9999 acre tract, conveyed to Robert R.
Hodge and Amy F. Vanzant-Hodge, as recorded in Clerk's File No
20070607517 in the Official Public Records of Real Property of
Harris County, Texas, a distance of 1737.23 feet to a found 3/4 inch
iron pipe on the south line of the 66.07529 acre tract conveyed to
Cypress Rose Hill, Ltd. #1, as recorded in Clerk's File
No. E0319641 in the Official Public Records of Real Property of
Harris County, Texas, at the northeast corner of said 3.9999 acre
tract, for the northwest corner of this tract;
THENCE: N 87°43'56" E, along and with the south line of said
66.07529 acre tract, a distance of 213.80 feet to a found axle on
the west line of the 46.8686 acre tract, conveyed to Doyle E. Jones
and Bruce Jones, as recorded in Clerk's File No. K944940 in the
Official Public Records of Real Property of Harris County, Texas,
and described in Document No. D581566 in the Official Public
Records of Real Property of Harris County, Texas, at the southeast
corner of said 66.07529 acre tract;
THENCE: S 02°11'32" E, along and with the west line of said
46.8686 acre tract and an east line of said 58.735 acre tract, a
distance of 455.96 feet to a found 1/2 inch iron rod, at the
southwest corner of said 46.8686 acre tract and an interior corner
of said 58.735 acre tract;
THENCE: N 87°57'55" E, along and with a north line of said
58.735 acre tract, the south line of said 46.8686 acre tract, and
the south line of a called 5.720 acre tract conveyed to Manuel
Cuevas and Lorena Cuevas, as recorded in Clerk's File
No. RP-2019-9855 in the Official Public Records of Real Property of
Harris County, Texas, a distance of 1700.29 feet to a found 3/4 inch
iron pipe in the west line of the 1.15 acre tract conveyed to Garon
W. Hano and Nicole B. Hano, as recorded in Clerk's File
No. 20130173499 in the Official Public Records of Real Property of
Harris County, Texas, for the northeast corner of this tract;
THENCE: S 02°02'13" E, along and with an east line of said
58.735 acre tract, the west line of said 1.15 acre tract and the
west right-of-way line of Kitzman Road, a variable width
right-of-way, a distance of 371.42 feet to a set 5/8 inch iron rod
with a yellow cap marked "Pape-Dawson", at the north corner of the
0.2038 acre right-of-way dedication conveyed to Harris County,
Texas, as recorded in Volume 3765, Page 717 in the Deed Records of
Harris County, Texas;
THENCE: Along and with the west right-of-way line of said
Kitzman Road and the west line of said 0.2038 acre tract the
following bearings and distances:
Southwesterly, along a non-tangent curve to the left,
said curve having a radial bearing of S 77°53'45" E, a radius
of 330.00 feet, a central angle of 14°08'28", a chord bearing
and distance of S 05°02'01" W, 81.24 feet, for an arc length
of 81.45 feet to a set 5/8 inch iron rod with a yellow cap
marked "Pape-Dawson" for the point of tangency;
THENCE: S 02°02'13" E, a distance of 833.64 feet to a found
5/8 inch iron rod at the intersection of the west right-of-way line
of said Kitzman Road and the north right-of-way line of said Grant
Road, at the southwest corner of said 0.2038 acre tract and the
southeast corner of this tract;
THENCE: S 88°04'20" W, along and with the north right-of-way
line of said Grant Road, a distance of 1900.54 feet to the POINT OF
BEGINNING, and containing 58.396 acres in Harris County, Texas.
Said tract being described in accordance with a survey made on the
ground and a survey description and map prepared under job number
49226-19 by Pape-Dawson Engineers, Inc.
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
7924A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7924A.0306 to read as
follows:
Sec. 7924A.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.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2180 passed the Senate on
April 29, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2180 passed the House on
May 8, 2021, by the following vote: Yeas 108, Nays 31, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor