Bill Text: TX HB2660 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the creation of the Richfield Ranch Water Control and Improvement District of Harris County, Texas; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-06-10 - Effective immediately [HB2660 Detail]
Download: Texas-2019-HB2660-Enrolled.html
H.B. No. 2660 |
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relating to the creation of the Richfield Ranch Water Control and | ||
Improvement District of Harris County, Texas; 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 I, Title 6, Special District Local Laws | ||
Code, is amended by adding Chapter 9086 to read as follows: | ||
CHAPTER 9086. RICHFIELD RANCH WATER CONTROL AND IMPROVEMENT | ||
DISTRICT OF HARRIS COUNTY, TEXAS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 9086.0101. 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 Richfield Ranch Water Control | ||
and Improvement District of Harris County, Texas. | ||
Sec. 9086.0102. NATURE OF DISTRICT. The district is a water | ||
control and improvement district created under Section 59, Article | ||
XVI, Texas Constitution. | ||
Sec. 9086.0103. 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. 9086.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
9086.0103 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. 9086.0105. 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 water control and improvement district as | ||
provided by general law and Section 59, Article XVI, Texas | ||
Constitution, including the collection, transportation, | ||
processing, disposal, and control of domestic, industrial, or | ||
communal waste and the gathering, conducting, diverting, and | ||
control of local stormwater or other harmful excesses of water; 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. 9086.0106. 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. 9086.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 9086.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 9086.0202. 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 9086.0103; 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 9086.0103 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 9086.0103; 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. 9086.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 9086.0302. WATER CONTROL AND IMPROVEMENT DISTRICT | ||
POWERS AND DUTIES. The district has the powers and duties provided | ||
by the general law of this state, including Chapters 49 and 51, | ||
Water Code, applicable to water control and improvement districts | ||
created under Section 59, Article XVI, Texas Constitution, and | ||
specifically including the powers and duties authorized under | ||
Subchapter H, Chapter 51, Water Code. | ||
Sec. 9086.0303. 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. 9086.0304. 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, zoning and | ||
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. 9086.0305. 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 42.042 or 42.0425, Local Government Code, and | ||
consents to the creation of the district or to the inclusion of land | ||
in the district. | ||
Sec. 9086.0306. LIMITATION ON USE OF EMINENT DOMAIN. The | ||
district may not exercise the power of eminent domain outside the | ||
district boundaries to acquire a site or easement for: | ||
(1) a recreational facility, as defined by Section | ||
49.462, Water Code; or | ||
(2) a road project authorized by Section 9086.0303. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 9086.0401. 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 9086.0403. | ||
(b) The district must hold an election in the manner | ||
provided by Chapters 49 and 51, 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. 9086.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 9086.0401, 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. 9086.0403. 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. 9086.0501. 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. 9086.0502. 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 Chapter 51, Water Code. | ||
Sec. 9086.0503. 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. | ||
Sec. 9086.0504. BONDS FOR RECREATIONAL FACILITIES. (a) | ||
The district may develop recreational facilities and issue bonds | ||
for recreational facilities as provided by Chapter 49, Water Code, | ||
regardless of whether the district's territory overlaps with the | ||
territory of a political subdivision that is authorized to develop | ||
recreational facilities and issue bonds for recreational | ||
facilities under Chapter 49, Water Code. | ||
(b) The authority of the district to develop recreational | ||
facilities and issue bonds for recreational facilities under this | ||
section does not limit the authority of another political | ||
subdivision whose territory the territory of the district may | ||
overlap, wholly or partly, to develop recreational facilities and | ||
issue bonds for recreational facilities under Chapter 49, Water | ||
Code. | ||
SECTION 2. The Richfield Ranch Water Control and | ||
Improvement District of Harris County, Texas, initially includes | ||
all the territory contained in the following area: | ||
Being a 514.99 acre tract of land located within the Edward | ||
Goodsir Survey, A-285, and the H.T.&B.R.R. Co. Survey, A-402, all | ||
in Harris County, Texas; said 514.99 acre tract being a part of a | ||
call 2523.670 acre tract of land recorded in Harris County Clerk's | ||
File (H.C.C.F.) Number U036618 of the Official Public Records of | ||
Real Property of Harris County (O.P.R.R.P.H.C) and all of ten (10) | ||
call 0.115 acre tracts of land recorded in Clerks File Numbers | ||
V919383, V919382, V919381, V919380, Y493816, V925363, | ||
RP-2018-129140, V925362, V925364 and V925366 of the O.P.R.R.P.H.C; | ||
said 514.99 acre tract being more particularly described by metes | ||
and bounds as follows (all bearings are referenced to the south line | ||
of said 2523.670 acre tract); | ||
Commencing at a 3/4-inch iron rod found at an interior corner | ||
of said 2523.670 acre tract and the northeast corner of a call 3.220 | ||
acre tract of land recorded in Volume 6368, Page 357 of the Harris | ||
County Deed Records (H.C.D.R.), and being on the south Right-of-Way | ||
(R.O.W.) line of the Union Pacific Railroad (100 feet wide) | ||
recorded in Volume 964, Page 88 of the H.C.D.R.; | ||
Thence, through said 2523.670 acre tract, South 17 degrees 34 | ||
minutes 16 seconds West, a distance of 450.37 feet to the Point of | ||
Beginning of the herein described tract of land, same being on the | ||
common line of said 2523.670 acre tract and a call 523.376 acre | ||
tract of land recorded in Clerk's File Number H793053 of the | ||
O.P.R.R.P.H.C.; | ||
Thence, through said 2523.670 acre tract. the following five | ||
(5) courses: | ||
1. South 68 degrees 09 minutes 04 seconds East, a | ||
distance of 2,829.49 feet; | ||
2. 1,014.11 feet along the arc of a curve to the right, | ||
said curve having a central angle of 05 degrees 50 minutes 03 | ||
seconds, a radius of 9,959.16 feet and a chord that bears South 00 | ||
degrees 42 minutes 03 seconds East, a distance of 1,013.67 feet; | ||
3. South 02 degrees 12 minutes 59 seconds West, a | ||
distance of 1,730.52 feet; | ||
4. 1,477.19 feet along the arc of a curve to the left, | ||
said curve having a central angle of 03 degrees 27 minutes 58 | ||
seconds, a radius of 24,418.32 feet and a chord that bears South 00 | ||
degrees 29 minutes 00 seconds West, a distance of 1,476.96 feet; | ||
5. South 01 degrees 14 minutes 59 seconds East, a | ||
distance of 2,109.44 feet to the common line of said 2523.670 acre | ||
tract and a call 1158.2 acre tract of land recorded in Volume 3131, | ||
Page 393 of the H.C.D.R.; | ||
6. Thence, with said common line, South 88 degrees 00 | ||
minutes 19 seconds West, a distance of 3,191.76 feet to the | ||
southwest corner of said 2523.670 acre tract and the southeast | ||
corner of a call 100.228 acre tract of land recorded in Clerk's File | ||
Number F333086 of the O.P.R.R.P.H.C.; | ||
7. Thence, with the west line of said 2523.670 acre | ||
tract, the east line of said 100.228 acre tract, the east line of a | ||
call 100.228 acre tract of land and a call 40.68 acre tract of land | ||
recorded in Clerk's File Number D452281 of the O.P.R.R.P.H.C, the | ||
east line of a call 155.64 acre tract of land recorded in Clerk's | ||
File Number T055320 of the O.P.R.R.P.H.C., and the east line of | ||
aforesaid 523.376 acre tract, North 02 degrees 35 minutes 16 | ||
seconds West, a distance of 6,474.00 feet; | ||
8. Thence, continuing with the common line of said | ||
2523.670 acre tract and said 523.376 acre tract, South 67 degrees 45 | ||
minutes 43 seconds East, a distance of 1,004.43 feet to the | ||
southeast corner of said 523.376 acre tract; | ||
9. Thence, continuing with said common line, North 02 | ||
degrees 09 minutes 14 seconds West, a distance of 1,406.52 feet to | ||
the Point of Beginning and containing 514.99 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) Section 9086.0306, Special District Local | ||
Laws Code, as added by Section 1 of this Act, takes effect only if | ||
this Act receives a two-thirds vote of all the members elected to | ||
each house. | ||
(b) If this Act does not receive a two-thirds vote of all the | ||
members elected to each house, Subchapter C, Chapter 9086, Special | ||
District Local Laws Code, as added by Section 1 of this Act, is | ||
amended by adding Section 9086.0306 to read as follows: | ||
Sec. 9086.0306. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
(c) 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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2660 was passed by the House on May 3, | ||
2019, by the following vote: Yeas 122, Nays 18, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2660 was passed by the Senate on May | ||
21, 2019, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |