Bill Text: TX SB2599 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to the creation of the Harris County Municipal Utility District No. 594; 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) 2023-05-27 - Effective immediately [SB2599 Detail]
Download: Texas-2023-SB2599-Enrolled.html
S.B. No. 2599 |
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relating to the creation of the Harris County Municipal Utility | ||
District No. 594; 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 7999A to read as follows: | ||
CHAPTER 7999A. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 594 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7999A.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. 594. | ||
Sec. 7999A.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7999A.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. 7999A.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
7999A.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 as required by | ||
applicable law. | ||
Sec. 7999A.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. 7999A.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. 7999A.0201. GOVERNING BODY; TERMS. (a) The district | ||
is governed by a board of five elected directors. | ||
(b) Except as provided by Section 7999A.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 7999A.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 7999A.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 7999A.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 7999A.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. 7999A.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7999A.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. 7999A.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. 7999A.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. 7999A.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. 7999A.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 | ||
7999A.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. 7999A.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7999A.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. 7999A.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. 7999A.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. 7999A.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. 7999A.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. | ||
594 initially includes all the territory contained in the following | ||
area: | ||
Being 113.297 acres of land located in the William Hurd | ||
Survey, Abstract 377, Harris County, Texas, and being all of that | ||
certain called 111.2797 acre tract conveyed to Martens Family | ||
Partnership Ltd., by an instrument of record in File Number | ||
20120088210, of the Official Public Records of Real Property of | ||
said Harris County, Texas, (H.C.O.P.R.R.P.), and all of that | ||
certain called 2.000 acre save and except tract described in said | ||
File Number 20120088210, H.C.O.P.R.R.P., said 113.297 acre tract | ||
being more particularly described by metes and bounds as follows, | ||
(all bearings referenced to the Texas Coordinate System, South | ||
Central Zone, NAD 83, 2001 Adjustment): | ||
BEGINNING at a 1/2-inch iron rod found marking the southwest | ||
corner of said 111.2797 acre tract, same being the northwest corner | ||
of that certain called 113.2797 acre tract conveyed to Kimmel | ||
Decedent's Trust U/T/A 4/28/1999, Irma Kimmel, Trustee (58.09% | ||
interest) by an instrument of record in File Number RP-2020-77718, | ||
H.C.O.P.R.R.P. and Kimmel Survivor's Trust U/T/A 4/28/1999, Irma | ||
Kimmel, Trustee (41.91% interest), by an instrument of record under | ||
File Number RP-2020-77719, H.C.O.P.R.R.P., said point lying on the | ||
east line of that certain called 24.6576 acre tract conveyed to | ||
Allen Arthur Krahn and Rhonda Jean Krahn by an instrument of record | ||
under File Number RP-2022-293701, H.C.O.P.R.R.P.; | ||
Thence, North 01° 52' 17" West, along the west line of said | ||
111.2797 acre tract, same being the east line of said 24.6576 acre | ||
tract, passing at 76.60 feet the northeast corner of said 24.6576 | ||
acre tract, from which a found 1/2-inch iron rod bears South 86° 15' | ||
53" East, 0.49 feet, continuing along the west line of said 111.2797 | ||
acre tract, along the east line of that certain called 11.2033 acre | ||
tract conveyed to Kenneth Ervin Krahn by an instrument of record | ||
under File Number M592368, H.C.O.P.R.R.P., passing at 497.50 feet a | ||
5/8-inch iron rod with cap stamped "TONY SWONKE RPLS 4767" found for | ||
the northeast corner of said 11.2033 acre Kenneth Krahn tract, same | ||
being the southeast corner of that certain called 11.2033 acre | ||
tract conveyed to Shirley Ann McKinney by an instrument of record | ||
under File Number S338090, H.C.O.P.R.R.P., continuing along the | ||
west line of said 111.2797 acre tract, same being the east line of | ||
said 11.2033 acre McKinney tract, passing at 886.53 feet the | ||
northeast corner of said 11.2033 acre McKinney tract, same being | ||
the southeast corner of that certain called 11.2033 acre tract | ||
conveyed to Anita Lynn Treichel by an instrument of record under | ||
File Number S338144, H.C.O.P.R.R.P., from which a found 1/2-inch | ||
iron rod bears North 88° 34' 47" West, 0.38 feet, continuing along | ||
the west line of said 111.2791 acre tract, same being the east line | ||
of said 11.2033 acre Treichel tract, passing at 1,281.61 feet the | ||
northeast corner of said 11.2033 acre Treichel tract, same being | ||
the southeast corner of that certain called 11.2033 acre tract | ||
conveyed to Kathleen Diane Schultz by an instrument of record under | ||
File Number S338091, H.C.O.P.R.R.P., from which a found 5/8-inch | ||
iron rod bears North 78° 45' 01" West, 0.49 feet, and continuing | ||
along a west line of said 111.2791 acre tract, same being the east | ||
line of said 11.2033 acre Schultz tract for a total distance of | ||
1,665.30 feet to a 5/8-inch iron rod with cap stamped "LJA SURVEY" | ||
set for the northwest corner of said 111.2797 acre tract, same being | ||
the southwest corner of that certain called 114.9706 acre tract | ||
conveyed to Festival Properties, Inc. (57.5%) and Silvestri | ||
Investments of Florida, Inc. (42.5%), by an instrument of record | ||
under File Number RP-2020-302036, H.C.O.P.R.R.P.; | ||
Thence, North 88° 02' 48" East, departing the east line of | ||
said 11.2033 acre Schultz tract, along the north line of said | ||
111.2797 acre tract, same being the south line of said 114.9706 acre | ||
tract, 2,954.33 feet to a 1/2-inch iron rod found for the northeast | ||
corner of said 111.2797 acre tract, same being the southeast corner | ||
of said 114.9706 acre tract, said point lying in the right-of-way of | ||
Telge Road (called 60 feet wide); | ||
Thence, South 02° 30' 25" East, along the east line of said | ||
111.2797 acre tract, 1,665.38 feet to the southeast corner of said | ||
111.2797 acre tract, same being the northeast corner of the | ||
aforementioned 113.2797 acre tract, said point lying in the | ||
right-of-way of said Telge Road, from which a found 5/8-inch iron | ||
rod bears North 68° 52' 49" East, 0.56 feet; | ||
Thence, South 88° 02' 48" West, along the south line of said | ||
111.2797 acre tract common to the north line of said 113.2797 acre | ||
tract, 2,972.80 feet to the POINT OF BEGINNING and containing | ||
113.297 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 | ||
7999A, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7999A.0306 to read as | ||
follows: | ||
Sec. 7999A.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, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 2599 passed the Senate on | ||
May 4, 2023, by the following vote: Yeas 27, Nays 3, | ||
one present not voting. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 2599 passed the House on | ||
May 12, 2023, by the following vote: Yeas 103, Nays 37, | ||
two present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |