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A BILL TO BE ENTITLED
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relating to the creation of the Harris County Municipal Utility |
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District No. 537; granting a limited power of eminent domain; |
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providing authority to issue bonds; providing authority to impose |
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assessments, fees, or taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle F, Title 6, Special District Local Laws |
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Code, is amended by adding Chapter 8488 to read as follows: |
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CHAPTER 8488. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 537 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8488.001. DEFINITIONS. In this chapter: |
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(1) "Board" means the district's board of directors. |
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(2) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(3) "Director" means a board member. |
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(4) "District" means the Harris County Municipal |
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Utility District No. 537. |
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Sec. 8488.002. NATURE OF DISTRICT. The district is a |
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municipal utility district created under Section 59, Article XVI, |
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Texas Constitution. |
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Sec. 8488.003. CONFIRMATION AND DIRECTORS' ELECTION |
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REQUIRED. The temporary directors shall hold an election to |
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confirm the creation of the district and to elect five permanent |
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directors as provided by Section 49.102, Water Code. |
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Sec. 8488.004. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section 8488.003 |
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until each municipality in whose corporate limits or |
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extraterritorial jurisdiction the district is located has |
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consented by ordinance or resolution to the creation of the |
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district and to the inclusion of land in the district. |
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Sec. 8488.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a) |
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The district is created to serve a public purpose and benefit. |
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(b) The district is created to accomplish the purposes of: |
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(1) a municipal utility district as provided by |
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general law and Section 59, Article XVI, Texas Constitution; and |
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(2) Section 52, Article III, Texas Constitution, that |
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relate to the construction, acquisition, or improvement of |
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macadamized, graveled, or paved roads described by Section 54.234, |
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Water Code, or improvements, including storm drainage, in aid of |
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those roads. |
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Sec. 8488.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2 of the Act enacting this chapter. |
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(b) The boundaries and field notes contained in Section 2 of |
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the Act enacting this chapter form a closure. A mistake made in the |
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field notes or in copying the field notes in the legislative process |
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does not affect the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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SUBCHAPTER B. BOARD OF DIRECTORS |
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Sec. 8488.051. GOVERNING BODY; TERMS. (a) The district is |
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governed by a board of five elected directors. |
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(b) Except as provided by Section 8488.052, directors serve |
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staggered four-year terms. |
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Sec. 8488.052. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Michael Keegan; |
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(2) Russ Bynum; |
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(3) Denise Traylor; |
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(4) Darryl Robinson; and |
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(5) Deborah Yahner. |
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(b) Temporary directors serve until the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8488.003; or |
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(2) September 1, 2017. |
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(c) If permanent directors have not been elected under |
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Section 8488.003 and the terms of the temporary directors have |
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expired, successor temporary directors shall be appointed or |
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reappointed as provided by Subsection (d) to serve terms that |
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expire on the earlier of: |
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(1) the date permanent directors are elected under |
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Section 8488.003; or |
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(2) the fourth anniversary of the date of the |
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appointment or reappointment. |
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(d) If Subsection (c) applies, the owner or owners of a |
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majority of the assessed value of the real property in the district |
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may submit a petition to the commission requesting that the |
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commission appoint as successor temporary directors the five |
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persons named in the petition. The commission shall appoint as |
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successor temporary directors the five persons named in the |
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petition. |
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SUBCHAPTER C. POWERS AND DUTIES |
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Sec. 8488.101. GENERAL POWERS AND DUTIES. The district has |
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the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8488.102. MUNICIPAL UTILITY DISTRICT POWERS AND |
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DUTIES. The district has the powers and duties provided by the |
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general law of this state, including Chapters 49 and 54, Water Code, |
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applicable to municipal utility districts created under Section 59, |
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Article XVI, Texas Constitution. |
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Sec. 8488.103. AUTHORITY FOR ROAD PROJECTS. (a) Under |
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Section 52, Article III, Texas Constitution, the district may |
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design, acquire, construct, finance, issue bonds for, improve, and |
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convey to this state, a county, or a municipality for operation and |
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maintenance macadamized, graveled, or paved roads described by |
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Section 54.234, Water Code, or improvements, including storm |
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drainage, in aid of those roads. |
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(b) The district may exercise the powers provided by this |
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section without submitting a petition to or obtaining approval from |
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the commission as required by Section 54.234, Water Code. |
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Sec. 8488.104. APPROVAL OF ROAD PROJECT. (a) The district |
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may not undertake a road project authorized by Section 8488.103 |
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unless: |
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(1) each municipality or county that will operate and |
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maintain the road has approved the plans and specifications of the |
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road project, if a municipality or county will operate and maintain |
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the road; or |
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(2) the Texas Transportation Commission has approved |
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the plans and specifications of the road project, if the state will |
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operate and maintain the road. |
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(b) Except as provided by Subsection (a), the district is |
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not required to obtain approval from the Texas Transportation |
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Commission to design, acquire, construct, finance, issue bonds for, |
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improve, or convey a road project. |
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Sec. 8488.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE |
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OR RESOLUTION. The district shall comply with all applicable |
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requirements of any ordinance or resolution that is adopted under |
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Section 54.016 or 54.0165, Water Code, and that consents to the |
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creation of the district or to the inclusion of land in the |
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district. |
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Sec. 8488.106. LIMITATION ON USE OF EMINENT DOMAIN. The |
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district may not exercise the power of eminent domain outside the |
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district to acquire a site or easement for: |
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(1) a road project authorized by Section 8488.103; or |
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(2) a recreational facility as defined by Section |
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49.462, Water Code. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8488.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The |
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district may issue, without an election, bonds and other |
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obligations secured by: |
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(1) revenue other than ad valorem taxes; or |
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(2) contract payments described by Section 8488.153. |
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(b) The district must hold an election in the manner |
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provided by Chapters 49 and 54, Water Code, to obtain voter approval |
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before the district may impose an ad valorem tax or issue bonds |
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payable from ad valorem taxes. |
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(c) The district may not issue bonds payable from ad valorem |
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taxes to finance a road project unless the issuance is approved by a |
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vote of a two-thirds majority of the district voters voting at an |
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election held for that purpose. |
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Sec. 8488.152. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8488.151, the district |
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may impose an operation and maintenance tax on taxable property in |
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the district in accordance with Section 49.107, Water Code. |
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(b) The board shall determine the tax rate. The rate may not |
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exceed the rate approved at the election. |
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Sec. 8488.153. CONTRACT TAXES. (a) In accordance with |
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Section 49.108, Water Code, the district may impose a tax other than |
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an operation and maintenance tax and use the revenue derived from |
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the tax to make payments under a contract after the provisions of |
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the contract have been approved by a majority of the district voters |
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voting at an election held for that purpose. |
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(b) A contract approved by the district voters may contain a |
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provision stating that the contract may be modified or amended by |
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the board without further voter approval. |
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SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS |
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Sec. 8488.201. AUTHORITY TO ISSUE BONDS AND OTHER |
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OBLIGATIONS. The district may issue bonds or other obligations |
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payable wholly or partly from ad valorem taxes, impact fees, |
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revenue, contract payments, grants, or other district money, or any |
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combination of those sources, to pay for any authorized district |
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purpose. |
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Sec. 8488.202. TAXES FOR BONDS. At the time the district |
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issues bonds payable wholly or partly from ad valorem taxes, the |
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board shall provide for the annual imposition of a continuing |
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direct ad valorem tax, without limit as to rate or amount, while all |
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or part of the bonds are outstanding as required and in the manner |
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provided by Sections 54.601 and 54.602, Water Code. |
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Sec. 8488.203. BONDS FOR ROAD PROJECTS. At the time of |
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issuance, the total principal amount of bonds or other obligations |
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issued or incurred to finance road projects and payable from ad |
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valorem taxes may not exceed one-fourth of the assessed value of the |
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real property in the district. |
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SECTION 2. The Harris County Municipal Utility District No. |
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537 initially includes all the territory contained in the following |
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area: |
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BEGINNING at a point in the North right-of-way line of Old Katy Road |
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(80 feet wide), said point marks the Southwest corner of that |
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certain called 0.6339 acre tract recorded under Harris County |
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Clerk's File No. 20100020050 and the herein described tract; |
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THENCE, North 01°14'41" West, at 100.00 feet pass the Southeast |
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corner of Unrestricted Reserve "A", Resource Centre, LTD, Subd., as |
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recorded in Vol. 314, Pg. 111 H.C.M.R. and continuing a total |
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distance of 1280.76 feet to a point in the South line of a tract of |
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land conveyed to Southern Pacific Railroad Co., by deed recorded |
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under H.C.C.F. No. B960751, for the Northeast corner of said |
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Reserve "A", said point also marks the Northwest corner of the |
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herein described tract; |
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THENCE, North 88°01'36" East, along the South line of said Southern |
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Pacific Railroad Co. tract, a distance of 551.31 feet to an angle |
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point; |
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THENCE, North 87°59'38" East, continuing along the South line of |
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said Southern Pacific Railroad Co. tract, a distance of 312.54 feet |
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to an angle point; |
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THENCE, North 88°17'24" East, a distance of 68.60 feet to a point in |
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the Southwest right-of-way line of Southern Pacific Transportation |
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Co. Railroad (100 feet wide), for the Northeast corner of the herein |
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described tract; |
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THENCE, South 51°45'21" East, along the Southwest right-of-way line |
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of said Southern Pacific R.R., a distance of 857.52 feet to a point |
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for the Point of Curvature of a curve to the Right; |
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THENCE, in a Southeasterly direction, continuing along the |
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Southwest line of said Southern Pacific R.R., with said curve to the |
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Right having a radius of 905.00 feet, a central angle of 46°24'58", |
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an arc length of 733.15 and a chord bearing and distance of S |
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27°13'25" E, 713.27 feet to a point for the Point of Tangency; |
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THENCE, South 01°14'53" East, along the West line of said Southern |
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Pacific R.R., a distance of 50.00 feet to a point for the Easterly |
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most Southeast corner of the herein described tract; |
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THENCE, South 88°45'07" West, a distance of 198.86 feet to a point |
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for an interior corner; |
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THENCE, South 01°14'53" East, a distance of 50.00 feet to a point in |
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the North right-of-way line of said Old Katy Road for the Southeast |
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corner of that certain called 0.5825 acre tract (Tr. 2, Pt. 6) |
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recorded under H.C.C.F. No. 20100020050, said point also marks the |
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Southeast corner of the herein described tract; |
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THENCE, South 88°45'07" West, along the North right-of-way line of |
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Old Katy Road, a distance of 1714.87 feet to the POINT OF BEGINNING |
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and containing 46.750 acres of land, more or less. |
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SECTION 3. (a) The legal notice of the intention to |
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introduce this Act, setting forth the general substance of this |
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Act, has been published as provided by law, and the notice and a |
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copy of this Act have been furnished to all persons, agencies, |
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officials, or entities to which they are required to be furnished |
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under Section 59, Article XVI, Texas Constitution, and Chapter 313, |
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Government Code. |
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(b) The governor, one of the required recipients, has |
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submitted the notice and Act to the Texas Commission on |
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Environmental Quality. |
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(c) The Texas Commission on Environmental Quality has filed |
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its recommendations relating to this Act with the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives within the required time. |
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(d) All requirements of the constitution and laws of this |
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state and the rules and procedures of the legislature with respect |
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to the notice, introduction, and passage of this Act are fulfilled |
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and accomplished. |
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SECTION 4. (a) Section 8488.106, Special District Local |
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Laws Code, as added by Section 1 of this Act, takes effect only if |
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this Act receives a two-thirds vote of all the members elected to |
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each house. |
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(b) If this Act does not receive a two-thirds vote of all the |
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members elected to each house, Subchapter C, Chapter 8488, Special |
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District Local Laws Code, as added by Section 1 of this Act, is |
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amended by adding Section 8488.106 to read as follows: |
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Sec. 8488.106. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(c) This section is not intended to be an expression of a |
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legislative interpretation of the requirements of Section 17(c), |
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Article I, Texas Constitution. |
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SECTION 5. This Act takes effect September 1, 2013. |