By: Smith (Senate Sponsor - Garcia) H.B. No. 3925
         (In the Senate - Received from the House May 3, 2013;
  May 6, 2013, read first time and referred to Committee on
  Intergovernmental Relations; May 10, 2013, reported favorably by
  the following vote:  Yeas 5, Nays 0; May 10, 2013, sent to
  printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the dissolution of the Harris County Municipal Utility
  District No. 213; the creation of the Harris County Municipal
  Utility District No. 213-A; the creation of the Harris County
  Municipal Utility District No. 213-B; granting a limited power of
  eminent domain; providing authority to issue bonds; providing
  authority to impose assessments, fees, or taxes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  On the effective date of this Act:
               (1)  the Harris County Municipal Utility District No.
  213 is dissolved;
               (2)  the terms of the directors of the district expire;
  and
               (3)  any assets of the district, including any tax or
  assessment revenue, that remain after payment of the district's
  liabilities are transferred to the Harris County Municipal Utility
  District No. 213-A.
         SECTION 2.  Subtitle F, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 8478 to read as follows:
  CHAPTER 8478.  HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213-A
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8478.001.  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. 213-A.
         Sec. 8478.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8478.003.  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. 8478.004.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section 8478.003
  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. 8478.005.  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. 8478.006.  INITIAL DISTRICT TERRITORY.  (a)  The
  district is initially composed of the territory described by
  Section 3 of the Act enacting this chapter.
         (b)  The boundaries and field notes contained in Section 3 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.
         Sec. 8478.007.  ANNEXATION BY MUNICIPALITY.
  Notwithstanding any other law, if all of the territory of the
  district is annexed by a municipality into the corporate limits of
  that municipality before the date of the election under Section
  8478.003, the district may not be dissolved and shall continue
  until the district is dissolved under Section 43.074, Local
  Government Code.
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 8478.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8478.052, directors serve
  staggered four-year terms.
         Sec. 8478.052.  TEMPORARY DIRECTORS.  (a)  The temporary
  board consists of:
               (1)  William K. Taylor;
               (2)  James Coursey; and
               (3)  Jacob Saour.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 8478.003; or
               (2)  September 1, 2017.
         (c)  If permanent directors have not been elected under
  Section 8478.003 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 8478.003; 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. 8478.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8478.102.  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. 8478.103.  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. 8478.104.  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. 8478.105.  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. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
         Sec. 8478.151.  DIVISION OF DISTRICT; PREREQUISITES. The
  district may be divided into two or more new districts only if the
  district:
               (1)  has no outstanding bonded debt; and
               (2)  is not imposing ad valorem taxes.
         Sec. 8478.152.  LAW APPLICABLE TO NEW DISTRICT. This
  chapter applies to any new district created by division of the
  district, and a new district has all the powers and duties of the
  district.
         Sec. 8478.153.  LIMITATION ON AREA OF NEW DISTRICT. A new
  district created by the division of the district may not, at the
  time the new district is created, contain any land outside the area
  described by Section 3 of the Act enacting this chapter.
         Sec. 8478.154.  DIVISION PROCEDURES. (a) The board, on its
  own motion or on receipt of a petition signed by the owner or owners
  of a majority of the assessed value of the real property in the
  district, may adopt an order dividing the district.
         (b)  The board may adopt an order dividing the district
  before or after the date the board holds an election under Section
  8478.003 to confirm the district's creation.
         (c)  An order dividing the district must:
               (1)  name each new district;
               (2)  include the metes and bounds description of the
  territory of each new district;
               (3)  appoint temporary directors for each new district;
  and
               (4)  provide for the division of assets and liabilities
  between the new districts.
         (d)  On or before the 30th day after the date of adoption of
  an order dividing the district, the district shall file the order
  with the commission and record the order in the real property
  records of each county in which the district is located.
         Sec. 8478.155.  CONFIRMATION ELECTION FOR NEW DISTRICT. (a)
  A new district created by the division of the district shall hold a
  confirmation and directors' election as required by Section
  8478.003.
         (b)  If the creation of the new district is confirmed, the
  new district shall provide the election date and results to the
  commission.
         Sec. 8478.156.  TAX OR BOND ELECTION.  Before a new district
  created by the division of the district may impose a maintenance tax
  or issue bonds payable wholly or partly from ad valorem taxes, the
  new district must hold an election as required by this chapter to
  obtain voter approval.
  SUBCHAPTER E.  GENERAL FINANCIAL PROVISIONS
         Sec. 8478.201.  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 8478.203.
         (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. 8478.202.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8478.201, 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. 8478.203.  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 F.  BONDS AND OTHER OBLIGATIONS
         Sec. 8478.251.  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. 8478.252.  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.
         Sec. 8478.253.  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 3.  The Harris County Municipal Utility District
  No. 213-A initially includes all the territory contained in the
  following area:
  BEING A TRACT OF LAND CONTAINING 571.898 ACRES, MORE OR LESS,
  SITUATED IN THE TALCOT PATCHING SURVEY, ABSTRACT NO. 620, HARRIS
  COUNTY, TEXAS, CONSISTING OF THAT CERTAIN 697.0651-ACRE TRACT
  DESCRIBED BY METES AND BOUNDS BELOW, SAVE AND EXCEPT THAT CERTAIN
  111.307-ACRE TRACT ("SAVE AND EXCEPT TRACT 1") DESCRIBED BY METES
  AND BOUNDS BELOW, AND SAVE AND EXCEPT THAT CERTAIN 13.860-ACRE
  TRACT ("SAVE AND EXCEPT TRACT 2") DESCRIBED BY METES AND BOUNDS
  BELOW:
  THE 697.0651-ACRE TRACT:
  BEGINNING at the intersection of the westerly right-of-way line of
  Garth Road (80-foot R.O.W.) and northerly right -of-way line of
  Wallisville Road (60-foot R.O.W.);
  THENCE, South 80°13'00" West, along said northerly line, a distance
  of 1641.66 feet to a point for corner;
  THENCE, North 09°47'00" West, a distance of 500.00 feet to a point
  for corner;
  THENCE, South 80°13'00" West, a distance of 473.58 feet to a point
  for corner;
  THENCE, South 23°42'00" East, a distance of 515.04 feet to a point
  for corner in the aforementioned northerly line of Wallisville
  Road;
  THENCE, North 89°32'55" West, along said northerly line, a distance
  of 2070.91 feet to a point for corner at the intersection of said
  northerly line and the easterly line of Haney Road (80-foot
  R.O.W.);
  THENCE, North 09°27' 55" West, along said easterly line a distance
  of 6843.50 feet to a point of curvature;
  THENCE, in a northwesterly direction, along said easterly line,
  following a curve to the left with a central angle of 29°33'35", a
  radius distance of 919.82 feet, a long chord bearing North 24°14'43"
  West, 469.30 feet, and a total arc length of 474.55 feet to a point
  for corner;
  THENCE, North 81°03'40" East, a distance of 4420.01 feet to a point
  for corner in the aforementioned westerly line of Garth Road;
  THENCE, South 07°26' 25" East, along said westerly line a distance
  of 4640.76 feet to a point for corner;
  THENCE, South 82°33'35" West, a distance of 1002.24 feet to a point
  for corner;
  THENCE, South 04°15'35" West, a distance of 700.00 feet to a point
  for corner;
  THENCE, South 85°44'25" East, a distance of 1168.47 feet to a point
  for corner in the aforementioned westerly line of Garth Road;
  THENCE, South 07°26'25" East, along said westerly line, a distance
  of 2043.92 feet to the POINT OF BEGINNING, and CONTAINING 697.0651
  acres (30,364,155 sq. ft.) of land in Harris County, Texas.
  SAVE AND EXCEPT TRACT 1:
  Being all of the 111.307-acre tract described in the deed to Compass
  Bank recorded under Harris County Clerk's File Number 20110005202,
  being more particularly described by metes and bounds as follows
  (all bearings are based on the record bearings of the called 717.279
  acres as described in the deed to Garth-Wallisville, Limited,
  recorded under Harris County Clerk's File Number D892853):
  COMMENCING at a 1-inch iron pipe found in the west right-of-way line
  of Garth Road (width varies), recorded under Harris County Clerk's
  File Numbers D838008, W485307 and X600931 and in Volume 858, Page
  333 of the Harris County Deed Records, marking the southeast corner
  of the called 89.1 acres conveyed to George Hamman in Volume 1054,
  Page 259 of the Harris County Deed Records, common with the
  northeast corner of said called 717.279 acre tract and the
  northeast corner of the called 25,000 square feet tract conveyed to
  Charles Kipple, Trustee recorded under Harris County Clerk's File
  Number H510278;
  THENCE, South 07°26'25" East, along said west right-of-way line and
  said Garth Road, at a distance of 100.00 feet, pass the southeast
  corner of said called 25,000 square feet tract, at a distance of
  2,035.56 feet, pass a 5/8-inch iron rod with plastic cap stamped
  "Terra Surveying" set marking the northeast corner of the called
  36.93 acre tract, conveyed to Costal Industrial Water Authority
  recorded under Harris County Clerk's File Number D838008, at a
  distance of 2,364.83 feet, pass a 5/8-inch iron rod found marking
  the southeast corner of said called 36.93 acre tract, at a distance
  of 4,640.76 feet pass the northeast corner of the called 5.0000 acre
  tract, conveyed to Goose Creek Independent School District,
  recorded under Harris County Clerk's File Number G873953, at a
  distance of 4,853.40 feet, pass the southeast corner of said called
  5.0000 acre tract common with the northeast corner of a called
  15.0000 acre tract conveyed to Goose Creek Independent School
  District, recorded under Harris County Clerk's File Number G812757,
  at a distance of 5,563.16 feet pass the southeast corner of said
  called 15.0000 acre tract, in all a total distance of 5,685.71 feet
  to an angle corner in said west right-of-way line;
  THENCE, North 85°44'25" West, continuing said west right-of-way
  line, a distance of 10.27 feet, to an angle corner in said west
  right-of-way line;
  THENCE, South 07°26'25" East, continuing along said west
  right-of-way line, a distance of 25.02 feet to 5/8-inch iron rod
  with plastic cap stamped "Terra Surveying" set marking the
  northeast corner and the POINT OF BEGINNING of the herein described
  tract;
  THENCE, South 07°26'25" East, continuing along said west
  right-of-way line, a distance of 1,870.53 feet, to a 5/8-inch iron
  rod with plastic cap stamped "Terra Surveying" set marking the
  north end of the northwest right-of-way line cutback line at the
  intersection of said Garth Road and Wallisville Road (width
  varies), as described in the deeds recorded under Harris County
  Clerk's File Numbers W485307, X715895 and X600931 and in Volume
  311, Page 3 of the Harris County Map Records;
  THENCE, South 36°32'16" West, along said northwest right-of-way
  cutback line, a distance of 21.59 feet, to a 5/8-inch iron rod with
  plastic cap stamped "Terra Surveying" set marking the south end of
  said right-of-way cutback line;
  THENCE, South 80°30'56" West, along the north right-of-way line of
  said Wallisville Road, a distance of 772.43 feet to a 5/8-inch iron
  rod with plastic cap stamped "Terra Surveying" set marking an angle
  corner of the herein described tract;
  THENCE, South 07°18'28" East, continuing along the said north
  right-of-way line, a distance of 18.57 feet to a 5/8-inch iron rod
  with plastic cap stamped "Terra Surveying" set marking an angle
  corner of the herein described tract;
  THENCE, South 80°22'16" West, continuing along said north
  right-of-way line, a distance of 844.01 feet, to an "X" in concrete
  found marking the southeast corner of a called 4.727 acre tract
  conveyed to Houston Lighting & Power Company in Volume 3018, Page 26
  of the Harris County Deed Records, common with an angle corner of
  the herein described tract;
  THENCE, North 09°36'02" West, along the east line of said called
  4.727 acre tract, a distance of 498.68 feet, to a 5/8-inch iron rod
  found marking the northeast corner of said called 4.727 acre tract
  common with an interior corner of the herein described tract;
  THENCE, South 80°23'58" West, along the north line of said called
  4.727 acre tract, a distance of 473.58 feet, to a 5/8-inch rod found
  in the east line of a the 150-foot wide Houston Lighting & Power
  Company easement recorded in Volume 3021, Page 30 of the Harris
  County Deed Records, common with the east line of the 22-foot wide
  Houston Lighting & Power Company easement recorded in Volume 2809,
  Page 645 of the Harris County Deed Records, marking the northwest
  corner of said called 4.727 acre tract common with an angle corner
  of the herein described tract;
  THENCE, North 23°29'12" West, along the east line of said 22-foot
  wide Houston Lighting and Power easement common with the east line
  of a said 150-foot Houston Lighting and Power easement, a distance
  of 1,966.90 feet to a 5/8-inch iron rod with plastic cap stamped
  "Terra Surveying" set in the south line of the 20-foot wide Seagull
  Petrochemical Corporation pipeline easement recorded under Harris
  County Clerk's File Numbers M373402 and M645320 marking the
  northwest corner of the herein described tract;
  THENCE, North 66°30'50" East, along the south line of said 20-foot
  wide Seagull Petrochemical Corporation pipeline easement, a
  distance of 26.94 feet, to a 5/8-inch iron rod with plastic cap
  stamped "Terra Surveying" set marking an angle corner of the herein
  described tract;
  THENCE, North 79°53'08" East, continuing along said south line, a
  distance of 505.26 feet, to a 5/8-inch iron rod with plastic cap
  stamped "Terra Surveying" set marking an angle corner of the herein
  described tract;
  THENCE, South 85°44'33" East, continuing along said south line, a
  distance of 2,147.85 feet, to a 5/8-inch iron rod with plastic cap
  stamped "Terra Surveying" set marking an angle corner of the herein
  described tract;
  THENCE, North 85°52'33" East, continuing along said south line, a
  distance of 32.31 feet to the POINT OF BEGINNING and containing
  111.307 acres (4,848,534 square feet) of land.
  SAVE AND EXCEPT TRACT 2:
  Being all of the 13.860-acre tract described in the deed to Compass
  Bank recorded under Harris County Clerk's File Number 20110005202
  and being more particularly described by metes and bounds as
  follows (all bearings are based on the record bearings of the called
  717.279 acres as described in the deed to Garth-Wallisville,
  Limited, recorded under Harris County Clerk's File Number D892853):
  COMMENCING at a 5/8-inch iron rod with plastic cap stamped "TERRA
  SURVEYING" set marking the north end of the northwest right-of-way
  line cutback line at the intersection of Garth Road (width varies),
  recorded under Harris County Clerk's File Numbers D838008, W485307
  and X600931 and in Volume 858, Page 333 of the Harris County Deed
  Records and Wallisville Road (width varies), as described in the
  deeds recorded under Harris County Clerk's File Numbers W485307,
  X715895 and X600931 and in Volume 311, Page 3 of the Harris County
  Map Records;
  THENCE, South 36°32'16" West, along said northwest right-of-way
  cutback line, a distance of 21.59 feet, to a 5/8-inch iron rod with
  plastic cap stamped "Terra Surveying" set marking the south end of
  said right-of-way cutback line;
  THENCE, South 80°30'56" West, along the north right-of-way line of
  said Wallisville Road, a distance of 772.43 feet to a 5/8-inch iron
  rod with plastic cap stamped "Terra Surveying" set marking an angle
  corner of the herein described tract;
  THENCE, South 07°18'28" East, continuing along the said north
  right-of-way line, a distance of 18.57 feet to a 5/8-inch iron rod
  with plastic cap stamped "Terra Surveying" set marking an angle
  corner of the herein described tract;
  THENCE, South 80°22'16" West, continuing along said north
  right-of-way line, a distance of 1,199.32 feet, to a 5/8-inch iron
  rod with plastic cap stamped "TERRA SURVEYING" set marking an angle
  corner in said north right-of-way line;
  THENCE, North 89°32'55" West, continuing along said north
  right-of-way line, a distance of 158.75 feet to the intersection of
  said north right-of-way line and the west line of the 150-foot wide
  Houston Lighting & Power Company easement recorded in Volume 3021,
  Page 30 of the Harris County Deed Records;
  THENCE, North 23°29'10" West, along said west line, a distance of
  403.68 feet to a 5/8-inch iron rod with plastic cap stamped "TERRA
  SURVEYING" set marking the intersection of said west line and the
  north line of the 50-foot wide Humble Oil and Refining Company
  easement recorded in Volume 5296, Page 354, of the Harris County
  Deed Records marking the south corner and POINT OF BEGINNING of the
  herein described tract;
  THENCE, North 57°51'55" West, along said north line, a distance of
  1,342.79 feet to a 5/8-inch iron rod with plastic cap stamped "S & V
  SURVEYING" found marking the west corner of the aforesaid 13.860
  acre tract common with the west corner of the herein described
  tract;
  THENCE, North 51°01'12" East, along a northwesterly line of said
  13.860 acre tract, a distance of 651.92 feet to a 5/8-inch iron rod
  with plastic cap stamped "S & V SURVEYING" found marking an angle
  corner of said 13.860 acre tract common with an angle corner of the
  herein described tract;
  THENCE, North 23°29'12" West, along a westerly line of said 13.860
  acre tract, a distance of 832.92 feet to a 5/8-inch iron rod with
  plastic cap stamped "S & V SURVEYING" found in the south line of the
  called 11.46 acre San Jacinto River Authority easement marking the
  northwest corner of said 13.860 acre tract common with the
  northwest corner of the herein described tract;
  THENCE, North 79°53'28" East, along said south line, a distance of
  133.63 feet to a 5/8-inch iron rod with plastic cap stamped "S & V
  SURVEYING" found marking the northeast corner of said 13.860 acre
  tract common with the intersection of said south line and the
  aforesaid west line of the 150-foot wide Houston Lighting & Power
  Company easement and the northeast corner of the herein described
  tract;
  THENCE, South 23°29'10" East, along said west line, a distance of
  2,084.38 feet to the POINT OF BEGINNING and containing 13.860 acres
  (603,742 square feet) of land.
         SECTION 4.  Subtitle F, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 8479 to read as follows:
  CHAPTER 8479.  HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 213-B
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8479.001.  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. 213-B.
         Sec. 8479.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8479.003.  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. 8479.004.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section 8479.003
  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. 8479.005.  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. 8479.006.  INITIAL DISTRICT TERRITORY.  (a)  The
  district is initially composed of the territory described by
  Section 5 of the Act enacting this chapter.
         (b)  The boundaries and field notes contained in Section 5 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.
         Sec. 8479.007.  ANNEXATION BY MUNICIPALITY.
  Notwithstanding any other law, if all of the territory of the
  district is annexed by a municipality into the corporate limits of
  that municipality before the date of the election under Section
  8479.003, the district may not be dissolved and shall continue
  until the district is dissolved under Section 43.074, Local
  Government Code.
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 8479.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8479.052, directors serve
  staggered four-year terms.
         Sec. 8479.052.  TEMPORARY DIRECTORS. (a)  On or after
  September 1, 2013, 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 8479.003; or
               (2)  September 1, 2017.
         (c)  If permanent directors have not been elected under
  Section 8479.003 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 8479.003; 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. 8479.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8479.102.  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. 8479.103.  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. 8479.104.  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. 8479.105.  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. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
         Sec. 8479.151.  DIVISION OF DISTRICT; PREREQUISITES. The
  district may be divided into two or more new districts only if the
  district:
               (1)  has no outstanding bonded debt; and
               (2)  is not imposing ad valorem taxes.
         Sec. 8479.152.  LAW APPLICABLE TO NEW DISTRICT. This
  chapter applies to any new district created by division of the
  district, and a new district has all the powers and duties of the
  district.
         Sec. 8479.153.  LIMITATION ON AREA OF NEW DISTRICT. A new
  district created by the division of the district may not, at the
  time the new district is created, contain any land outside the area
  described by Section 5 of the Act enacting this chapter.
         Sec. 8479.154.  DIVISION PROCEDURES. (a) The board, on its
  own motion or on receipt of a petition signed by the owner or owners
  of a majority of the assessed value of the real property in the
  district, may adopt an order dividing the district.
         (b)  The board may adopt an order dividing the district
  before or after the date the board holds an election under Section
  8479.003 to confirm the district's creation.
         (c)  An order dividing the district must:
               (1)  name each new district;
               (2)  include the metes and bounds description of the
  territory of each new district;
               (3)  appoint temporary directors for each new district;
  and
               (4)  provide for the division of assets and liabilities
  between the new districts.
         (d)  On or before the 30th day after the date of adoption of
  an order dividing the district, the district shall file the order
  with the commission and record the order in the real property
  records of each county in which the district is located.
         Sec. 8479.155.  CONFIRMATION ELECTION FOR NEW DISTRICT. (a)
  A new district created by the division of the district shall hold a
  confirmation and directors' election as required by Section
  8479.003.
         (b)  If the creation of the new district is confirmed, the
  new district shall provide the election date and results to the
  commission.
         Sec. 8479.156.  TAX OR BOND ELECTION.  Before a new district
  created by the division of the district may impose a maintenance tax
  or issue bonds payable wholly or partly from ad valorem taxes, the
  new district must hold an election as required by this chapter to
  obtain voter approval.
  SUBCHAPTER E.  GENERAL FINANCIAL PROVISIONS
         Sec. 8479.201.  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 8479.203.
         (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. 8479.202.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8479.201, 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. 8479.203.  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 F.  BONDS AND OTHER OBLIGATIONS
         Sec. 8479.251.  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. 8479.252.  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.
         Sec. 8479.253.  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 5.  The Harris County Municipal Utility District
  No. 213-B initially includes all the territory contained in the
  following area:
  Tract 1 and Tract 2 collectively containing 125.167 acres
  (5,452,276 square feet) of land situated in the Talcott Patching
  Survey, Abstract Number 620, Harris County, Texas, and being all of
  the 111.307 acre tract and all of the 13.860 acre tract described in
  the deed to Compass Bank, recorded under Harris County Clerk's File
  Number 20110005202; said 125.167 acres being more particularly
  described in two tracts by metes and bounds as follows (all bearings
  are based on the record bearings of the called 717.279 acres as
  described in the deed to Garth-Wallisville, Limited, recorded under
  Harris County Clerk's File Number D892853):
  Tract 1:
  COMMENCING at a 1-inch iron pipe found in the west right-of-way line
  of Garth Road (width varies), recorded under Harris County Clerk's
  File Numbers D838008, W485307 and X600931 and in Volume 858, Page
  333 of the Harris County Deed Records, marking the southeast corner
  of the called 89.1 acres conveyed to George Hamman in Volume 1054,
  Page 259 of the Harris County Deed Records, common with the
  northeast corner of said called 717.279 acre tract and the
  northeast corner of the called 25,000 square feet tract conveyed to
  Charles Kipple, Trustee recorded under Harris County Clerk's File
  Number H510278;
  THENCE, South 07°26'25" East, along said west right-of-way line and
  said Garth Road, at a distance of 100.00 feet, pass the southeast
  corner of said called 25,000 square feet tract, at a distance of
  2,035.56 feet, pass a 5/8-inch iron rod with plastic cap stamped
  "Terra Surveying" set marking the northeast corner of the called
  36.93 acre tract, conveyed to Costal Industrial Water Authority
  recorded under Harris County Clerk's File Number D838008, at a
  distance of 2,364.83 feet, pass a 5/8-inch iron rod found marking
  the southeast corner of said called 36.93 acre tract, at a distance
  of 4,640.76 feet pass the northeast corner of the called 5.0000 acre
  tract, conveyed to Goose Creek Independent School District,
  recorded under Harris County Clerk's File Number G873953, at a
  distance of 4,853.40 feet, pass the southeast corner of said called
  5.0000 acre tract common with the northeast corner of a called
  15.0000 acre tract conveyed to Goose Creek Independent School
  District, recorded under Harris County Clerk's File Number G812757,
  at a distance of 5,563.16 feet pass the southeast corner of said
  called 15.0000 acre tract, in all a total distance of 5,685.71 feet
  to an angle corner in said west right-of-way line;
  THENCE, North 85°44'25" West, continuing said west right-of-way
  line, a distance of 10.27 feet, to an angle corner in said west
  right-of-way line;
  THENCE, South 07°26'25" East, continuing along said west
  right-of-way line, a distance of 25.02 feet to 5/8-inch iron rod
  with plastic cap stamped "Terra Surveying" set marking the
  northeast corner and the POINT OF BEGINNING of the herein described
  tract;
  THENCE, South 07°26'25" East, continuing along said west
  right-of-way line, a distance of 1,870.53 feet, to a 5/8-inch iron
  rod with plastic cap stamped "Terra Surveying" set marking the
  north end of the northwest right-of-way line cutback line at the
  intersection of said Garth Road and Wallisville Road (width
  varies), as described in the deeds recorded under Harris County
  Clerk's File Numbers W485307, X715895 and X600931 and in Volume
  311, Page 3 of the Harris County Map Records;
  THENCE, South 36°32'16" West, along said northwest right-of-way
  cutback line, a distance of 21.59 feet, to a 5/8-inch iron rod with
  plastic cap stamped "Terra Surveying" set marking the south end of
  said right-of-way cutback line;
  THENCE, South 80°30'56" West, along the north right-of-way line of
  said Wallisville Road, a distance of 772.43 feet to a 5/8-inch iron
  rod with plastic cap stamped "Terra Surveying" set marking an angle
  corner of the herein described tract;
  THENCE, South 07°18'28" East, continuing along the said north
  right-of-way line, a distance of 18.57 feet to a 5/8-inch iron rod
  with plastic cap stamped "Terra Surveying" set marking an angle
  corner of the herein described tract;
  THENCE, South 80°22'16" West, continuing along said north
  right-of-way line, a distance of 844.01 feet, to an "X" in concrete
  found marking the southeast corner of a called 4.727 acre tract
  conveyed to Houston Lighting & Power Company in Volume 3018, Page 26
  of the Harris County Deed Records, common with an angle corner of
  the herein described tract;
  THENCE, North 09°36'02" West, along the east line of said called
  4.727 acre tract, a distance of 498.68 feet, to a 5/8-inch iron rod
  found marking the northeast corner of said called 4.727 acre tract
  common with an interior corner of the herein described tract;
  THENCE, South 80°23'58" West, along the north line of said called
  4.727 acre tract, a distance of 473.58 feet, to a 5/8-inch rod found
  in the east line of a the 150-foot wide Houston Lighting & Power
  Company easement recorded in Volume 3021, Page 30 of the Harris
  County Deed Records, common with the east line of the 22-foot wide
  Houston Lighting & Power Company easement recorded in Volume 2809,
  Page 645 of the Harris County Deed Records, marking the northwest
  corner of said called 4.727 acre tract common with an angle corner
  of the herein described tract;
  THENCE, North 23°29'12" West, along the east line of said 22-foot
  wide Houston Lighting and Power easement common with the east line
  of a said 150-foot Houston Lighting and Power easement, a distance
  of 1,966.90 feet to a 5/8-inch iron rod with plastic cap stamped
  "Terra Surveying" set in the south line of the 20-foot wide Seagull
  Petrochemical Corporation pipeline easement recorded under Harris
  County Clerk's File Numbers M373402 and M645320 marking the
  northwest corner of the herein described tract;
  THENCE, North 66°30'50" East, along the south line of said 20-foot
  wide Seagull Petrochemical Corporation pipeline easement, a
  distance of 26.94 feet, to a 5/8-inch iron rod with plastic cap
  stamped "Terra Surveying" set marking an angle corner of the herein
  described tract;
  THENCE, North 79°53'08" East, continuing along said south line, a
  distance of 505.26 feet, to a 5/8-inch iron rod with plastic cap
  stamped "Terra Surveying" set marking an angle corner of the herein
  described tract;
  THENCE, South 85°44'33" East, continuing along said south line, a
  distance of 2,147.85 feet, to a 5/8-inch iron rod with plastic cap
  stamped "Terra Surveying" set marking an angle corner of the herein
  described tract;
  THENCE, North 85°52'33" East, continuing along said south line, a
  distance of 32.31 feet to the POINT OF BEGINNING and containing
  111.307 acres (4,848,534 square feet) of land.
  Tract 2:
  COMMENCING at a 5/8-inch iron rod with plastic cap stamped "TERRA
  SURVEYING" set marking the north end of the northwest right-of-way
  line cutback line at the intersection of Garth Road (width varies),
  recorded under Harris County Clerk's File Numbers D838008, W485307
  and X600931 and in Volume 858, Page 333 of the Harris County Deed
  Records and Wallisville Road (width varies), as described in the
  deeds recorded under Harris County Clerk's File Numbers W485307,
  X715895 and X600931 and in Volume 311, Page 3 of the Harris County
  Map Records;
  THENCE, South 36°32'16" West, along said northwest right-of-way
  cutback line, a distance of 21.59 feet, to a 5/8-inch iron rod with
  plastic cap stamped "Terra Surveying" set marking the south end of
  said right-of-way cutback line;
  THENCE, South 80°30'56" West, along the north right-of-way line of
  said Wallisville Road, a distance of 772.43 feet to a 5/8-inch iron
  rod with plastic cap stamped "Terra Surveying" set marking an angle
  corner of the herein described tract;
  THENCE, South 07°18'28" East, continuing along the said north
  right-of-way line, a distance of 18.57 feet to a 5/8-inch iron rod
  with plastic cap stamped "Terra Surveying" set marking an angle
  corner of the herein described tract;
  THENCE, South 80°22'16" West, continuing along said north
  right-of-way line, a distance of 1,199.32 feet, to a 5/8-inch iron
  rod with plastic cap stamped "TERRA SURVEYING" set marking an angle
  corner in said north right-of-way line;
  THENCE, North 89°32'55" West, continuing along said north
  right-of-way line, a distance of 158.75 feet to the intersection of
  said north right-of-way line and the west line of the 150-foot wide
  Houston Lighting & Power Company easement recorded in Volume 3021,
  Page 30 of the Harris County Deed Records;
  THENCE, North 23°29'10" West, along said west line, a distance of
  403.68 feet to a 5/8-inch iron rod with plastic cap stamped "TERRA
  SURVEYING" set marking the intersection of said west line and the
  north line of the 50-foot wide Humble Oil and Refining Company
  easement recorded in Volume 5296, Page 354, of the Harris County
  Deed Records marking the south corner and POINT OF BEGINNING of the
  herein described tract;
  THENCE, North 57°51'55" West, along said north line, a distance of
  1,342.79 feet to a 5/8-inch iron rod with plastic cap stamped "S & V
  SURVEYING" found marking the west corner of the aforesaid 13.860
  acre tract common with the west corner of the herein described
  tract;
  THENCE, North 51°01'12" East, along a northwesterly line of said
  13.860 acre tract, a distance of 651.92 feet to a 5/8-inch iron rod
  with plastic cap stamped "S & V SURVEYING" found marking an angle
  corner of said 13.860 acre tract common with an angle corner of the
  herein described tract;
  THENCE, North 23°29'12" West, along a westerly line of said 13.860
  acre tract, a distance of 832.92 feet to a 5/8-inch iron rod with
  plastic cap stamped "S & V SURVEYING" found in the south line of the
  called 11.46 acre San Jacinto River Authority easement marking the
  northwest corner of said 13.860 acre tract common with the
  northwest corner of the herein described tract;
  THENCE, North 79°53'28" East, along said south line, a distance of
  133.63 feet to a 5/8-inch iron rod with plastic cap stamped "S & V
  SURVEYING" found marking the northeast corner of said 13.860 acre
  tract common with the intersection of said south line and the
  aforesaid west line of the 150-foot wide Houston Lighting & Power
  Company easement and the northeast corner of the herein described
  tract;
  THENCE, South 23°29'10" East, along said west line, a distance of
  2,084.38 feet to the POINT OF BEGINNING and containing 13.860 acres
  (603,742 square feet) of land.
         SECTION 6.  (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 7.  (a)  If this Act does not receive a two-thirds
  vote of all the members elected to each house, Subchapter C, Chapter
  8478, Special District Local Laws Code, as added by Section 2 of
  this Act, is amended by adding Section 8478.106 to read as follows:
         Sec. 8478.106.  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 8.  (a)  If this Act does not receive a two-thirds
  vote of all the members elected to each house, Subchapter C, Chapter
  8479, Special District Local Laws Code, as added by Section 4 of
  this Act, is amended by adding Section 8479.106 to read as follows:
         Sec. 8479.106.  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 9.  This Act takes effect September 1, 2013.
 
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