Bill Text: TX SB2290 | 2017-2018 | 85th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the creation of the Harris County Municipal Utility District No. 557; 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: (Enrolled - Dead) 2017-06-12 - Effective immediately [SB2290 Detail]

Download: Texas-2017-SB2290-Comm_Sub.html

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By: Creighton S.B. No. 2290
(Bell)

A BILL TO BE ENTITLED
relating to the creation of the Harris County Municipal Utility
District No. 557; 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 8015 to read as follows:
CHAPTER 8015. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 557
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8015.001. 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. 557.
Sec. 8015.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8015.003. 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. 8015.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8015.003
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. 8015.005. 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, or improvement of
macadamized, graveled, or paved roads described by Section 54.234,
Water Code, or improvements, including storm drainage, in aid of
those roads.
Sec. 8015.006. 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. 8015.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8015.052, directors serve
staggered four-year terms.
Sec. 8015.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) _________________;
(2) _________________;
(3) _________________;
(4) _________________; and
(5) _________________.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8015.003; 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 8015.003 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 8015.003; 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. 8015.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8015.102. 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. 8015.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve, and
convey to this state, a county, or a municipality for operation and
maintenance macadamized, graveled, or paved roads described by
Section 54.234, Water Code, or improvements, including storm
drainage, in aid of those roads.
(b) The district may exercise the powers provided by this
section without submitting a petition to or obtaining approval from
the commission as required by Section 54.234, Water Code.
Sec. 8015.104. APPROVAL OF ROAD PROJECT. (a) The district
may not undertake a road project authorized by Section 8015.103
unless:
(1) each municipality or county that will operate and
maintain the road has approved the plans and specifications of the
road project, if a municipality or county will operate and maintain
the road; or
(2) the Texas Transportation Commission has approved
the plans and specifications of the road project, if the state will
operate and maintain the road.
(b) Except as provided by Subsection (a), the district is
not required to obtain approval from the Texas Transportation
Commission to design, acquire, construct, finance, issue bonds for,
improve, or convey a road project.
Sec. 8015.105. 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. 8015.151. 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 8015.153.
(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. 8015.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8015.151, 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. 8015.153. 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. 8015.201. 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. 8015.202. 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. 8015.203. 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.
557 initially includes all the territory contained in the following
area:
DESCRIPTION OF A 312.64 ACRE TRACT OF LAND
SITUATED IN THE JOHN MERRY SURVEY, ABSTRACT 49
HARRIS COUNTY, TEXAS
BEING a 312.64 acre tract of land situated in the John Merry
Survey, Abstract 49, Harris County, Texas and being the
residue of a called 315.369 acre tract of land described in an
instrument filed for record under Harris County Clerk's File
Number C623592, said 312.64 acres being more particularly
described by metes and bounds as follows:
BEGINNING at a Texas Department of Transportation brass disk
in concrete found for the northeast corner of a called 2.14
acre right-of-way acquisition tract for Farm-to-Market Road
2100 (160-foot width) described in an instrument filed for
record under Harris County Clerk's File Number E236723, some
also being in the south right-of-way line of the Houston,
Beaumont & Orange Interurban Railroad right-of-way (100-foot
width, Volume 542, Page 15, Harris County Map Records);
THENCE N 64'36'50" E, a distance of 2151.36 feet along the
southeast line of said Houston, Beaumont & Orange Interurban
Railroad right-of-way to a 5/8 inch iron rod with a cap
stamped "Brown & Gay" set for corner;
THENCE N 86'59'00" E, along the north line of said called
315.369 acre tract, at a distance of 91.67 feet pass a
1/2-inch iron rod found for the most westerly southwest
corner of a called 2084.715 acre tract of land described in an
instrument filed for record under Harris County Clerk's File
Number Y056225, at a distance of 866.88 feet pass a 1/2-inch
iron rod found for the most westerly southwest corner of a
called 753.684 acre tract of land described in a deed filed
for record under Harris County Clerk's File Number P567184
and continuing for a total distance of 4103.45 feet to a
5/8-inch iron rod with a cap stamped "Brown & Gay" set for the
northwest corner of the herein described tract, some being a
reentrant corner of said called 2084.715 acre tract of land,
and from which a found 1/2-inch iron rod bears N 86'59'00" E,
32.10 feet;
THENCE S 03'20'19" E, a distance of 2300.99 feet along the
east line of said called 315.369 acre tract to a 5/8-inch iron
rod with a cap stamped "Brown & Gay" set for the southwest
corner of the herein described tract, some being a reentrant
corner of said called 2084.715 acre tract of land,
THENCE S 86'44'37" W, a distance of 3450.07 feet along the
south line of said called 315.369 acre tract to a 2-inch iron
pipe found for an angle point, some being a northwest corner
of said called 2084.715 acre tract and the northeast corner
of Forest Manor Section Two, a subdivision plat filed for the
record under Volume 187, Page 1 of the Harris County Map
Records;
THENCE S 86'45'55" W, along the south line of said called
315.369 acre tract, at a distance of 835.62 feet and S
40'37'36" W, 2.94 feet pass a 1-inch iron rod found for the
northwest corner of said Forest Manor Section Two and the
northeast corner of a called 46.701 acre tract of and
described in an instrument filed for a record under Harris
County Clerk's File Number G913462, at a distance of 2599.89
feet and S 02'28'36" E, 1.08 feet pass a 3/4-inch iron pipe
found for the northeast corner of a called 3.0 acre tract of
land described in an instrument filed for record under Harris
County Clerk's File Number B878922, and the most northerly
northwest corner of said called 46.701 acre tract and
continuing for a total distance of 3085.25 feet to a Texas
Department of Transportation brass disk in concrete found in
the east right-of-way line of said Farm-to-Market Road 2100
(width varies), some also being the southeast corner of said
called 2.14 acre right-of-way taking and from which a found
Texas Department of Transportation brass disk in concrete
bears S 86'45'55" W, 63.41 feet;
THENCE N 12'58'48" E, a distance of 1170.53 feet along the
east line of said 2.14 acre right-of-way acquisition tract
and the east right-of-way line of said Farm-to-Market Road
2100 (width varies) to a Texas Department of Transportation
brass disk in concrete found for an angle point;
THENCE N 12'33'48" E, a distance of 397.78 feet along the east
line of said 2.14 acre right-of-way acquisition tract to the
POINT OF BEGINNING and containing 312.64 acre 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
8015, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8015.106 to read as follows:
Sec. 8015.106. 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.