Bill Text: TX HB2215 | 2013-2014 | 83rd Legislature | Introduced


Bill Title: Relating to the creation of the Harris County Municipal Utility District No. 533; 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) 2013-04-17 - Left pending in committee [HB2215 Detail]

Download: Texas-2013-HB2215-Introduced.html
  83R6433 RWG-F
 
  By: Murphy H.B. No. 2215
 
 
 
A BILL TO BE ENTITLED
 
  relating to the creation of the Harris County Municipal Utility
  District No. 533; 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 8453 to read as follows:
  CHAPTER 8453.  HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 533
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8453.001.  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. 533.
         Sec. 8453.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8453.003.  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. 8453.004.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section 8453.003
  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. 8453.005.  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. 8453.006.  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. 8453.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8453.052, directors serve
  staggered four-year terms.
         Sec. 8453.052.  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 8453.003; 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 8453.003 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 8453.003; 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. 8453.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8453.102.  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. 8453.103.  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. 8453.104.  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. 8453.105.  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. 8453.151.  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 8453.153.
         (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. 8453.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8453.151, 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. 8453.153.  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. 8453.201.  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. 8453.202.  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. 8453.203.  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.
  533 initially includes all the territory contained in the following
  area:
         BEING a 469.8048 acre tract of land situated the J.E.
  Cabaniss Survey, Abstract 1470 which is out of Section 70, Block 2
  of the H. & T. C.R.R. Company Survey, Section 57, Block 2 of the H. &
  T. C.R.R. Company Survey, Abstract 443, Harris County, Texas and
  being the remainder of a called 400 acre tract of land described in
  an instrument to Jesse L. Freeman filed for record under Volume
  1212, Page 482 of the Harris County Deed Records, the remainder of a
  called 328.97 acre tract of land described in instruments filed for
  record under Harris County Clerk's File Number (H.C.C.F. No.)
  U390810 and X913891, and all of a called 1.0 acre tract of land
  described in an instrument to Harold L. Freeman and wife, Lynell
  Freeman filed for record under H.C.C.F. No. J087863, said 469.8048
  acre tract of land being more particularly described by metes and
  bounds as follows:
         BEGINNING at a railroad spike in asphalt found in the
  centerline of Katy-Hockley Cut-Off Road (60-foot width) and
  Longenbaugh Road (60-foot width) for the Northeast corner of
  Section 69, Block 2 of the H. & T.C.R.R. Company Survey, Abstract
  No. 459 , same being the Southwest corner of said Section 57, Block
  2 of the H. & T.C.R.R. Company Survey, Abstract No. 443, the
  Northwest corner of Section 58, Block 2 of the H.& T. C. R.R.
  Company Survey (George Spencer Survey), Abstract No. 1368 and the
  Southeast corner of said J.E. Cabaniss Survey, Abstract No. 1470;
         THENCE, S 87° 54' 21" W, a distance of 2,643.72 along and with
  the South line of said 400 acres, the South line of said J.E.
  Cabaniss Survey, Abstract No. 1470 and the North line of the
  Northeast 1/4 of said Section 69 to a point for corner being
  Northwest corner of the Northeast 1/4 of said Section 69, same being
  the Northeast corner of a called 158.167 acre tract of land
  described in an instrument filed for record under H.C.C.F. No.
  20110061749, the most Southerly Southwest corner of said J.E.
  Cabaniss Survey, Abstract No. 1470, the Southeast corner of a
  called 75.308 acre tract of land described in an instrument filed
  for record under H.C.C.F. No. T291060, the Southeast corner of the
  G.H. Holley Survey, Abstract 1480 and the Southwest corner of said
  400 acre tract;
         THENCE, N 02° 03' 53" W, along and with the West line of said
  400 acre tract, at a distance of 1,322.59 feet pass the Northeast
  corner of said 75.308 acre tract and the Southeast corner of a
  called 53.142 acre tract of land described in an instrument filed
  for record under H.C.C.F. No. X139859, and continuing for a total
  distance of 1,535.40 feet to a 5/8-inch iron rod with cap stamped
  "JNS Engineers" found for the Southwest corner of a called 1.401
  acre tract of land described in an instrument to Harris County filed
  for record under H.C.C.F. No. X290296;
         THENCE N 87° 56' 07" E, a distance of 55.00 feet along the
  South line of said 1.401 acre tract to a 5/8-inch iron rod with cap
  stamped "JNS Engineers" found for the Southeast corner of said
  1.401 acre tract;
         THENCE, N 02° 03' 53" W, a distance of 1,109.97 feet along the
  East line of said 1.401 acre tract to a 5/8-inch iron rod with cap
  stamped "JNS Engineers" found for the Northeast corner of said
  1.401 acre tract and being in the South line of a called 215.658
  acre tract of land described in an instrument to Harris County filed
  for record under H.C.C.F. No. W075836, same being the Northwest
  corner of the remainder of said 400 acre tract;
         THENCE, N 87° 59' 43" E, along and with the South line of said
  215.658 acre tract and the North line of the remainder of said
  400-acre tract, at a distance of 2,556.81 feet pass the West
  right-of-way line of said Katy-Hockley Cut-Off Road (60-foot width)
  and continuing for a total distance of 2,586.81 feet to a point for
  corner in the centerline of said Katy-Hockley Cut-Off Road, same
  also being in the West line of said Section 57 and the West line of
  said 328.97 acre tract;
         THENCE, N 02° 06' 22" W, a distance of 1,326.01 feet along and
  with the centerline of said Katy-Hockley Cut-Off Road, the West
  line of said Section 57, the West line of said 328.97 acre tract and
  the East line of said J.E. Cabaniss Survey to a point for the
  Northwest corner of said 328.97 acre tract and the most Westerly
  Southwest corner of a called 50.000 acre tract of land described in
  an instrument to Felix Jegede filed for record under H.C.C.F. No.
  20060183947;
         THENCE, N 89° 28' 02" E, along and with a South line of said
  50.000 acre tract and the North line of said 328.97 acre tract, at a
  distance of 30.00 feet pass a 3/4-inch iron pipe found in the East
  right-of-way line of said Katy-Hockley Cut-Off Road and continuing
  for a total distance of 2,636.64 feet to a 1/2-inch iron rod found
  the most Northerly Northeast corner of said 328.97 acre tract and a
  reentrant corner of said 50.000 acre tract;
         THENCE, S 02° 19' 14" E, a distance of 1,320.59 feet along and
  with an East line of said 328.97 acre tract and a West line of said
  50.000 acre tract to a 1/2-inch iron rod found for a Southwest
  corner of said 50.000 acre tract and a reentrant corner of said
  328.97 acre tract;
         THENCE, N 88° 28' 35" E, a distance of 1,271.46 feet along and
  with a North line of said 328.97 acre tract and a South line of said
  50.000 acre tract to a 2-inch iron pipe found for the Northwest
  corner of a called 55.557 acre tract of land described in an
  instrument to Poarch/Swinbank Limited Partnership filed for record
  under H.C.C.F. No. Z064160, same being the most Easterly Northeast
  corner of the herein described tract;
         THENCE, S 02° 05' 40" E, a distance of 1,475.48 feet along and
  with the East line of said 328.97 acre tract and the West line of
  said 55.557 acre tract to a 2-inch iron pipe found for the Southwest
  corner of said 55.557 acre tract and the Northwest corner of a
  called 9.316 acre tract of land described in an instrument to Rose
  E. Price and David A. Price filed for record under H.C.C.F. No.
  X561406;
         THENCE, S 07° 16' 57" W, along and with the West line of said
  9.316 acre tract, at a distance of 1,068.19 pass the North
  right-of-way line of said Longenbaugh Road (60-foot width) and
  continuing for a total distance of 1,098.60 feet to a cotton spindle
  found in the centerline of said Longenbaugh Road for the Southwest
  corner of said 9.316 acre tract, same being in the South line of
  said Section 57 and the North line of said Section 58;
         THENCE, S 87° 51' 45" W, a distance of 3,732.47 feet along and
  with the centerline of said Longenbaugh Road, the South line of
  said Section 57 and the North line of said Section 58 to the POINT OF
  BEGINNING and containing 469.8048 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
  8453, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 8453.106 to read as follows:
         Sec. 8453.106.  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, 2013.
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