By: Creighton	S.B. No. 2284
	(Huberty)

	A BILL TO BE ENTITLED
	AN ACT
	relating to the creation of the Harris County Municipal Utility
	District No. 544; 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 7924 to read as follows:
	CHAPTER 7924.  HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 544
	SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 7924.001.  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. 544.
	Sec. 7924.002.  NATURE OF DISTRICT.  The district is a
	municipal utility district created under Section 59, Article XVI,
	Texas Constitution.
	Sec. 7924.003.  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. 7924.004.  CONSENT OF MUNICIPALITY REQUIRED. The
	temporary directors may not hold an election under Section 7924.003
	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. 7924.005.  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. 7924.006.  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. 7924.051.  GOVERNING BODY; TERMS.  (a)  The district is
	governed by a board of five elected directors.
	(b)  Except as provided by Section 7924.052, directors serve
	staggered four-year terms.
	Sec. 7924.052.  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 7924.003; 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 7924.003 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 7924.003; 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. 7924.101.  GENERAL POWERS AND DUTIES.  The district has
	the powers and duties necessary to accomplish the purposes for
	which the district is created.
	Sec. 7924.102.  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. 7924.103.  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. 7924.104.  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. 7924.105.  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. 7924.151.  ELECTIONS REGARDING TAXES OR BONDS.
	(a)  The district may issue, without an election, bonds and other
	obligations secured by revenue other than ad valorem taxes.
	(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. 7924.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
	authorized at an election held under Section 7924.151, 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.
	SUBCHAPTER E.  BONDS AND OTHER OBLIGATIONS
	Sec. 7924.201.  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. 7924.202.  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. 7924.203.  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.
	544 initially includes all the territory contained in the following
	area:
	BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING
	138.03 ACRES OF LAND SITUATED IN THE WILLIAM WHITLOCK SURVEY,
	ABSTRACT NO. 85, HARRIS COUNTY, TEXAS, AND BEING ALL OF A CALLED
	60.288 ACRE TRACT BEING PLATTED AS INDIAN SHORES SECTIONS NINE (9)
	AND TEN (10), UNRECORDED AND A CALLED 77.817 ACRE TRACT RECORDED IN
	VOLUME 1250, PAGE 74 HARRIS COUNTY DEED RECORDS, SAID 138.03 ACRE
	TRACT BEING THE SAME 138.0268 ACRE TRACT AS RECORDED IN H.C.C.F., NO
	W777169 AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS,
	AS FOLLOWS TO-WIT:
	Beginning at a 5/8 inch iron rod found in the north line of a
	called 233.8 acre tract as recorded in H.C.C.F. No. Y604056 and
	same being the Southeast corner of lot Four (4), Block Eighteen (18)
	of Indian Shores Section 3, according to the map or plat recorded in
	Volume 131, Page 32 Harris County Map Records (HCMR) and being the
	Southeast corner of the called 60.288 acre tract and the Southeast
	corner and PLACE OF BEGINNING of the tract herein described.
	THENCE NORTH 87 DEGREES 42 MINUTES 19 SECONDS EAST, a
	distance of 2299.67 feet with the north line of the Wheless tract to
	a 1 inch iron pipe found for the Southwest corner Lot 1, Block 8 of
	Rustic Acres Section 2, according to the map or plat recorded in
	Volume 104, Page 809 Block Book for Harris County and being the
	Southeast corner of the called 77.817 acre tract and the Southeast
	corner of this tract herein described.
	THENCE NORTH 17 DEGREES 11 MINUTES 18 SECONDS EAST, a
	distance of 1499.32 feet, (called 1500.55 feet), with the west line
	of said Rustic Acres Section 2 to a 5/8 inch iron rod found at the
	intersection of the south right-of-way of Stoker Road, having a
	right-of-way width of 100 feet, for the Northwest corner of Rustic
	Acres Section 2 and same being the Southwest corner of Indian Shores
	Section 6 according to the map of plat filed in Volume 165, Page 52
	HCMR.
	THENCE NORTH 17 DEGREES 05 MINUTES 22 SECONDS EAST, a
	distance of 644.33 feet with the west line of said Indian Shores
	Section 6 to a 5/8 inch iron rod found in the south line of Lot 2,
	Block 6 of Indian Shores Section One according to the map or plat
	recorded in Volume 119, Page 63 HCMR for the Northwest corner of
	Indian Shores Section 6 and the Northeast corner of this tract
	herein described.
	THENCE FOLLOWING THE SOUTH BOUNDARY OF INDIAN SHORES SECTION
	ONE (1) IN A WESTERLY DIRECTION AS FOLLOWS
	THENCE SOUTH 87 DEGREES 51 MINUTES 26 SECONDS WEST, a
	distance of 181.78 feet to a 5/8 inch iron rod found for an angle
	point.
	THENCE NORTH 84 DEGREES 11 MINUTES 58 SECONDS WEST, a
	distance of 304.97 feet to a 1 inch iron pipe found for an angle
	point,
	THENCE NORTH 73 DEGREES 27 MINUTES 09 SECONDS WEST, a
	distance of 274.25 feet to a 1/4 inch iron rod found for an angle
	point,
	THENCE NORTH 57 DEGREES 45 MINUTES 08 SECONDS WEST, a
	distance of 954.57 feet to a 1 inch iron pipe found for the
	Northeast corner of Lot One (1), Block Four (4) of Indian Shores
	Section Two (2) according to the map or plat recorded in Volume 125,
	Page 6 HCMR for the Northwest corner of this tract.
	THENCE FOLLOWING THE EAST LINE OF SAID INDIAN SHORES SECTION
	TWO (2) AS FOLLOWS:
	THENCE SOUTH 40 DEGREES 25 MINUTES 36 SECONDS WEST, a
	distance of 240.48 feet to a 1/2 inch iron rod found at the
	Intersection with the south right-of-way of Running Bear Trail,
	having a right-of-way width of sixty (60) feet.
	THENCE NORTH 45 DEGREES 58 MINUTES 51 SECONDS WEST, a
	distance of 30.35 feet with the south right-of-way of Running Bear
	Trail to a 3/8 inch iron rod found for the Northeast corner at Lot 1,
	Block 10 of said Section 2,
	THENCE SOUTH 43 DEGREES 23 MINUTES 15 SECONDS WEST, a
	distance of 223.16 feet to a 1/2 inch iron rod found for the
	Southeast corner of said Lot 1, Block 10,
	THENCE NORTH 26 DEGREES 19 MINUTES 19 SECONDS WEST, a
	distance of 28.88 feet to a 1/2 inch iron rod found for the
	Northeast corner of Lot 2, Block 10,
	THENCE SOUTH 71 DEGREES 13 MINUTES 06 SECONDS WEST, a
	distance of 829.60 feet to a 5/8 inch iron rod found for the
	Southwest corner of Lot 11, Block 13, Section 2,
	THENCE SOUTH 18 DEGREES 44 MINUTES 18 SECONDS EAST, a
	distance of 80.01 feet to a 5/8 inch iron rod found for an angle
	point,
	THENCE SOUTH 16 DEGREES 03 MINUTES 16 SECONDS WEST, a
	distance of 523.67 feet to a 1 inch iron bolt found for an angle
	point,
	THENCE SOUTH 20 DEGREES 38 MINUTES 58 SECONDS WEST, a
	distance of 1006.73 feet to a 1/2 inch iron rod found for an angle
	point,
	THENCE SOUTH 64 DEGREES 27 MINUTES 48 SECONDS EAST, a
	distance of 214.94 feet to a 1/2 inch iron rod found for an angle
	point and being the Northeast corner of White Dove Trail, having a
	right-of-way width of sixty (60) feet,
	THENCE SOUTH 22 DEGREES 15 MINUTES 37 SECONDS WEST, a
	distance of 43.07 feet with the east right-of-way of said White Dove
	Trail to a 3/4 inch iron rod found for the Northwest corner of Lot 1,
	Block 17, Indian Shores Section 3,
	THENCE SOUTH 67 DEGREES 59 MINUTES 55 SECONDS EAST, a
	distance of 170.27 feet to a 5/8 inch iron rod found for an angle
	point,
	THENCE SOUTH 22 DEGREES 08 MINUTES 33 SECONDS WEST, a
	distance of 125.02 feet to a 1/2 inch iron rod found for the
	Northeast corner of Silver Moon Trail, having a right-of-way width
	of 60 feet,
	THENCE SOUTH 34 DEGREES 03 MINUTES 33 SECONDS WEST, a
	distance of 293.77 feet to a 5/8 inch iron rod found for the most
	south corner of Lot 5, Block 18, Section 3,
	THENCE SOUTH 43 DEGREES 54 MINUTES 05 SECONDS EAST, a
	distance of 151.12 feet to the PLACE OF BEGINNING and containing
	138.03 acres more or less.
	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
	7924, Special District Local Laws Code, as added by Section 1 of
	this Act, is amended by adding Section 7924.106 to read as follows:
	Sec. 7924.106.  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, 2017.