Bill Text: TX SB2523 | 2019-2020 | 86th Legislature | Comm Sub

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Bill Title: Relating to the creation of the Harris County Municipal Utility District No. 572; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2019-05-10 - Recommendations filed with the Senate [SB2523 Detail]

Download: Texas-2019-SB2523-Comm_Sub.html

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By: Bettencourt S.B. No. 2523
(In the Senate - Filed April 3, 2019; April 4, 2019, read
first time and referred to Committee on Intergovernmental
Relations; April 23, 2019, reported favorably by the following
vote: Yeas 6, Nays 0; April 23, 2019, sent to printer.)
Click here to see the committee vote

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Harris County Municipal Utility
District No. 572; 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 8026 to read as follows:
CHAPTER 8026. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 572
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8026.0101. 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. 572.
Sec. 8026.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8026.0103. 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. 8026.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8026.0103 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. 8026.0105. 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. 8026.0106. 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. 8026.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 8026.0202, directors
serve staggered four-year terms.
Sec. 8026.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Steve Habachy;
(2) John Linker;
(3) Mark Ramos;
(4) Jonathan Sanders; and
(5) Chris Barnes.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8026.0103; 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 8026.0103 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 8026.0103; 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. 8026.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8026.0302. 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. 8026.0303. 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. 8026.0304. 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. 8026.0305. 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. 8026.0401. 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 8026.0403.
(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. 8026.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8026.0401, 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. 8026.0403. 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. 8026.0501. 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. 8026.0502. 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. 8026.0503. 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. 572 initially includes all the territory contained in the
following area:
Being 54.749 acres of land, in the William Hurd Survey, A-376
and the F. Benignus Survey, A-1463, Harris County, Texas, being a
portion of PARKSIDE GRAND PARKWAY RESERVE, according to the plat
thereof recorded under Film Code Number 683283 in the Map Records of
Harris County, Texas, and being more particularly described by
metes and bounds as follows: (All bearings based on the Texas
Coordinate System of 1983, South Central Zone)
COMMENCING at a 5/8 inch iron rod with cap stamped "Rods
Surveying Inc." found for the northwest corner of said PARKSIDE
GRAND PARKWAY RESERVE and being the northwest corner of a 0.2941
acre tract dedicated to the public for right-of-way purposes as
shown on said plat of PARKSIDE GRAND PARKWAY RESERVE;
THENCE North 87° 26' 12" East - 20.00 feet, with the north line
of said PARKSIDE GRAND PARKWAY RESERVE and said 0.2941 acre tract,
to a 5/8-inch iron rod with "IDS" cap set for the northwest corner
and POINT OF BEGINNING of the herein described tract and being the
northeast corner of said 0.2941 acre tract;
THENCE North 87° 26' 12" East - 1645.07 feet, with the north
line of the herein described tract and the south line of the 15.668
acre tract described in the deed from Roy H. Barrett to Premier
Baseball Real Estate recorded in File Number 20120587605 in the
Official Public Records of Real Property of Harris County, Texas,
to a 5/8-inch iron rod with cap stamped "IDS" found for the
northeast corner of the herein described tract, in the west line of
the 3.11 acre tract described in the deeds from Judith Mullen as
Executrix for the Estate Of John W. Mullen to Lillian Jaeger Hall
(1/2 Interest) recorded in File Number V164309 in the Official
Public Records of Real Property of Harris County, Texas and the deed
from Paul Fehrle to Lawrence Lind and Michael Fitzmaurice (1/2
Interest) recorded in File Number G130286 in the Official Public
Records of Real Property of Harris County, Texas;
THENCE South 02° 31' 19" East - 1581.42 feet, with the west
line of said 3.11 acre tract, to a 5/8-inch iron rod with cap
stamped "IDS" found for the southeast corner of the herein
described tract and being the northeast corner of the residue of a
called 111.8154 acre tract described in the deed from HSIEN DAO
CHANG, TRUSTEE to ROSEHILL PROPERTIES, LLC recorded in File Number
RP-2017-430616 in the Official Public Records of Real Property of
Harris County, Texas;
THENCE South 88° 19' 57" West - 627.31 feet, with the line
common to the herein described tract and said residue tract, to a
5/8-inch iron rod with cap stamped "IDS" found for an angle point on
the north right-of-way line of State Highway 99 Grand Parkway
(R.O.W. Varies);
THENCE with northerly lines of said State Highway 99 the
following courses and distances:
North 13° 27' 48" East - 56.51 feet to a TXDOT monument
found for the beginning of a non-tangent curve to the right; in a
westerly direction, with said curve to the right, having a central
angle of 00° 58' 17", a chord bearing and distance of North 76° 06'
03" West - 188.67 feet, a radius of 11127.71 feet, and an arc
distance of 188.67 feet to a TXDOT monument found for the end of
curve;
North 75° 36' 54" West - 958.09 feet, to a 5/8-inch iron
rod with cap stamped "IDS" set for the southwest corner of the
herein described tract, at the northeast intersection of said State
Highway 99 Grand Parkway and Cypress-Rosehill Road (width varies);
THENCE with the east right-of-way line of said
Cypress-Rosehill Road the following courses and distances:
North 02° 28' 33" East - 108.79 feet, to a 5/8-inch iron
rod with cap stamped "MILLER" found for an angle corner;
North 11° 10' 09" East - 71.87 feet, to a TXDOT monument
found for the beginning of a curve to the left; in a northerly
direction, with said curve to the left, having a central angle of
17° 10' 54", a chord bearing and distance of North 06° 07' 34" East -
253.91 feet, a radius of 849.89 feet, and an arc distance of 254.86
feet to a PK nail with washer stamped "IDS" set for the end of curve;
North 02° 27' 53" West - 138.89 feet, to a 5/8-inch iron
rod with cap stamped "IDS" found for the southeast corner of said
0.2941 acre tract, from which a found TXDOT monument, bears South
87° 32' 07" West - 21.57 feet;
North 02° 34' 19" West - 616.47 feet, to the POINT OF
BEGINNING of the herein described tract and containing 54.749 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
8026, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8026.0306 to read as follows:
Sec. 8026.0306. 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, 2019.
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