87R10364 BRG-F
 
  By: Oliverson H.B. No. 4593
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Harris County Municipal Utility
  District No. 581; granting a limited power of eminent domain;
  providing authority to issue bonds; providing authority to impose
  assessments, fees, and taxes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle F, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 7924A to read as follows:
  CHAPTER 7924A.  HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 581
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 7924A.0101.  DEFINITIONS.  In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Commission" means the Texas Commission on
  Environmental Quality.
               (3)  "Director" means a board member.
               (4)  "District" means the Harris County Municipal
  Utility District No. 581.
         Sec. 7924A.0102.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 7924A.0103.  CONFIRMATION AND DIRECTOR ELECTION
  REQUIRED.  The temporary directors shall hold an election to
  confirm the creation of the district and to elect five permanent
  directors as provided by Section 49.102, Water Code.
         Sec. 7924A.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section
  7924A.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. 7924A.0105.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
  (a)  The district is created to serve a public purpose and benefit.
         (b)  The district is created to accomplish the purposes of:
               (1)  a municipal utility district as provided by
  general law and Section 59, Article XVI, Texas Constitution; and
               (2)  Section 52, Article III, Texas Constitution, that
  relate to the construction, acquisition, improvement, operation,
  or maintenance of macadamized, graveled, or paved roads, or
  improvements, including storm drainage, in aid of those roads.
         Sec. 7924A.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. 7924A.0201.  GOVERNING BODY; TERMS.  (a)  The district
  is governed by a board of five elected directors.
         (b)  Except as provided by Section 7924A.0202, directors
  serve staggered four-year terms.
         Sec. 7924A.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 7924A.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 7924A.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 7924A.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. 7924A.0301.  GENERAL POWERS AND DUTIES.  The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 7924A.0302.  MUNICIPAL UTILITY DISTRICT POWERS AND
  DUTIES.  The district has the powers and duties provided by the
  general law of this state, including Chapters 49 and 54, Water Code,
  applicable to municipal utility districts created under Section 59,
  Article XVI, Texas Constitution.
         Sec. 7924A.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. 7924A.0304.  ROAD STANDARDS AND REQUIREMENTS. (a) A
  road project must meet all applicable construction standards,
  zoning and subdivision requirements, and regulations of each
  municipality in whose corporate limits or extraterritorial
  jurisdiction the road project is located.
         (b)  If a road project is not located in the corporate limits
  or extraterritorial jurisdiction of a municipality, the road
  project must meet all applicable construction standards,
  subdivision requirements, and regulations of each county in which
  the road project is located.
         (c)  If the state will maintain and operate the road, the
  Texas Transportation Commission must approve the plans and
  specifications of the road project.
         Sec. 7924A.0305.  COMPLIANCE WITH MUNICIPAL CONSENT
  ORDINANCE OR RESOLUTION.  The district shall comply with all
  applicable requirements of any ordinance or resolution that is
  adopted under Section 54.016 or 54.0165, Water Code, and that
  consents to the creation of the district or to the inclusion of land
  in the district.
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 7924A.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
  7924A.0403.
         (b)  The district must hold an election in the manner
  provided by Chapters 49 and 54, Water Code, to obtain voter approval
  before the district may impose an ad valorem tax or issue bonds
  payable from ad valorem taxes.
         (c)  The district may not issue bonds payable from ad valorem
  taxes to finance a road project unless the issuance is approved by a
  vote of a two-thirds majority of the district voters voting at an
  election held for that purpose.
         Sec. 7924A.0402.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 7924A.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. 7924A.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. 7924A.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. 7924A.0502.  TAXES FOR BONDS. At the time the district
  issues bonds payable wholly or partly from ad valorem taxes, the
  board shall provide for the annual imposition of a continuing
  direct ad valorem tax, without limit as to rate or amount, while all
  or part of the bonds are outstanding as required and in the manner
  provided by Sections 54.601 and 54.602, Water Code.
         Sec. 7924A.0503.  BONDS FOR ROAD PROJECTS. At the time of
  issuance, the total principal amount of bonds or other obligations
  issued or incurred to finance road projects and payable from ad
  valorem taxes may not exceed one-fourth of the assessed value of the
  real property in the district.
         SECTION 2.  The Harris County Municipal Utility District
  No. 581 initially includes all the territory contained in the
  following area:
  TRACT 1 65.233 ACRES
         A TRACT OR PARCEL CONTAINING 65.233 ACRES OR 2,841,562 SQUARE
  FEET OF LAND SITUATED IN THE WILLIAM SETTLE SURVEY, ABSTRACT NO.
  705, HARRIS COUNTY, TEXAS, BEING THE RESIDUE OF A CALLED 66.07629
  ACRE TRACT OF LAND, CONVEYED TO CYPRESS ROSE HILL, LTD. #1, AS
  RECORDED UNDER HARRIS COUNTY CLERK'S FILE (H.C.C.F. NO. E031964
  WITH SAID 65.233 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY
  METES AND BOUNDS AS FOLLOWS, WITH ALL BEARINGS BASED ON THE TEXAS
  STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE (NAD 83):
         BEGINNING AT A CAPPED 5/8 INCH IRON ROD FOUND ON THE EAST
  RIGHT-OF-WAY (R.O.W.) LINE OF CYPRESS ROSEHILL ROAD (100 FEET WIDE)
  AS RECORDED UNDER H.C.C.F. NOS. 20080044631, 20080092981, AND
  20080229033, FOR THE SOUTHWEST CORNER OF UNRESTRICTED RESERVE "F"
  OF LAKES AT CYPRESS HILL, MAP OR PLAT THEREOF RECORDED UNDER FILM
  CODE NO. 350084 OF THE HARRIS COUNTY MAP RECORDS (H.C.M.R.) AND THE
  NORTHWEST CORNER OF THE HEREIN DESCRIBED TRACT;
         THENCE, NORTH 87 DEG. 47 MIN. 13 SEC. EAST, ALONG THE COMMON
  LINE OF SAID UNRESTRICTED RESERVE "F", SAID CALLED 66.07629 ACRE
  TRACT, AND LANDSCAPE RESERVE "B" OF SAID LAKES AT CYPRESS HILL, A
  DISTANCE OF 1,516.12 FEET TO A 5/8 INCH IRON ROD FOUND FOR THE
  NORTHEAST CORNER OF SAID CALLED 66.07629 ACRE TRACT AND THE HEREIN
  DESCRIBED TRACT;
         THENCE, SOUTH 02 DEG. 28 MIN. 37 SEC. EAST, ALONG THE EAST
  LINE OF SAID CALLED 66.07629 ACRE TRACT, AND THE WEST LINE OF
  RESERVE "B" OF SAID LAKES AT CYPRESS HILL, A DISTANCE OF 5.64 FEET
  TO A CAPPED 5/8 INCH IRON ROD STAMPED "WINDROSE" SET FOR THE
  NORTHWEST CORNER OF A CALLED 46.8686 ACRE TRACT OF LAND, CONVEYED TO
  DAVID BRUCE JONES, AS RECORDED UNDER H.C.C.F. NO. 20110039327, FROM
  WHICH A FOUND 1/2 INCH IRON ROD BEARS FOR REFERENCE NORTH 06 DEG. 24
  MIN. 48 SEC. WEST, A DISTANCE OF 1.34 FEET;
         THENCE, SOUTH 02 DEG. 28 MIN. 47 SEC. EAST, ALONG THE COMMON
  LINE OF SAID CALLED 66.07629 ACRE TRACT, SAID CALLED 46.8686 ACRE
  TRACT, A CALLED 2.7153 ACRE TRACT OF LAND CONVEYED TO DAVID BRUCE
  JONES, AS RECORDED UNDER H.C.C.F. NO. 20110039327, AND A CALLED
  30.0000 ACRE TRACT OF LAND, CONVEYED TO DAVID BRUCE JONES, AS
  RECORDED UNDER H.C.C.F. NO. M282878, A DISTANCE OF 1,868.53 FEET TO
  AN AXLE FOUND FOR THE SOUTHEAST CORNER OF SAID CALLED 66.07629 ACRE
  TRACT;
         THENCE, SOUTH 88 DEG. 10 MIN. 44 SEC. WEST, ALONG THE SOUTH
  LINE OF SAID CALLED 66.07629 ACRE TRACT, A DISTANCE OF 1,524.78 FEET
  TO A CAPPED 5/8 INCH IRON ROD STAMPED "S & V" FOUND ON THE EAST
  R.O.W. LINE OF SAID CYPRESS ROSEHILL ROAD, FOR THE NORTHWEST CORNER
  OF A CALLED 2.6547 ACRE TRACT, CONVEYED TO NORWEST MORTGAGE, INC. AS
  RECORDED UNDER H.C.C.F. NO. R856420;
         THENCE, NORTH 02 DEG. 12 MIN. 58 SEC. WEST, ALONG THE EAST
  R.O.W. LINE OF SAID CYPRESS ROSEHILL ROAD, A DISTANCE OF 1,863.72
  FEET TO THE POINT OF BEGINNING AND CONTAINING 65.233 ACRES OR
  2,841,562 SQUARE FEET OF LAND, AS SHOWN ON JOB NO. 54760, PREPARED
  BY WINDROSE LAND SERVICES.
  TRACT 2 (58.396 ACRES)
         A 58.396 acre, or 2,543,742 square feet more or less, tract of
  land being the remaining portion of the 58.735 acre tract conveyed
  to Hally Beth Walker Poindexter, as recorded in Clerk's File
  No. E465875 in the Official Public Records of Real Property of
  Harris County, Texas, in the F. Benignus Survey, Abstract 1463,
  Harris County, Texas. Said 58.396 acre tract being more fully
  described as follows, with bearings based on the North American
  Datum of 1983 NAD 83 (NA2011) epoch 2010.00, from the Texas
  Coordinate System established for the South Central Zone.
         BEGINNING: At a found 3/4 inch iron rod on the north
  right-of-way line of Grant Road, a 60-foot right-of-way, at the
  southwest corner of said 58.735 acre tract, at the southeast corner
  of the 3.975 acre tract conveyed to O'Conner Properties, No. One,
  LLC, as recorded in Clerk's File No. 20140112827 in the Official
  Public Records of Real Property of Harris County, Texas;
         THENCE: N 02°11'41" W, along and with the west line of said
  58.735 acre tract, the east line of said 3.975 acre tract, the east
  line of the 10.2141 acre tract, conveyed to Emmanuel Baptist Church
  of Houston Texas, as recorded in Clerk's File No. 20140542621, in
  the Official Public Records of Real Property of Harris County,
  Texas, the east line of the 6.6513 acre tract, conveyed to Doyle Kay
  and Cynthia L. Kay, as recorded in Clerk's File No. 20080188383,
  and the east line of the 3.9999 acre tract, conveyed to Robert R.
  Hodge and Amy F. Vanzant-Hodge, as recorded in Clerk's File No
  20070607517 in the Official Public Records of Real Property of
  Harris County, Texas, a distance of 1737.23 feet to a found 3/4 inch
  iron pipe on the south line of the 66.07529 acre tract conveyed to
  Cypress Rose Hill, Ltd. #1, as recorded in Clerk's File
  No. E0319641 in the Official Public Records of Real Property of
  Harris County, Texas, at the northeast corner of said 3.9999 acre
  tract, for the northwest corner of this tract;
         THENCE: N 87°43'56" E, along and with the south line of said
  66.07529 acre tract, a distance of 213.80 feet to a found axle on
  the west line of the 46.8686 acre tract, conveyed to Doyle E. Jones
  and Bruce Jones, as recorded in Clerk's File No. K944940 in the
  Official Public Records of Real Property of Harris County, Texas,
  and described in Document No. D581566 in the Official Public
  Records of Real Property of Harris County, Texas, at the southeast
  corner of said 66.07529 acre tract;
         THENCE: S 02°11'32" E, along and with the west line of said
  46.8686 acre tract and an east line of said 58.735 acre tract, a
  distance of 455.96 feet to a found 1/2 inch iron rod, at the
  southwest corner of said 46.8686 acre tract and an interior corner
  of said 58.735 acre tract;
         THENCE: N 87°57'55" E, along and with a north line of said
  58.735 acre tract, the south line of said 46.8686 acre tract, and
  the south line of a called 5.720 acre tract conveyed to Manuel
  Cuevas and Lorena Cuevas, as recorded in Clerk's File
  No. RP-2019-9855 in the Official Public Records of Real Property of
  Harris County, Texas, a distance of 1700.29 feet to a found 3/4 inch
  iron pipe in the west line of the 1.15 acre tract conveyed to Garon
  W. Hano and Nicole B. Hano, as recorded in Clerk's File
  No. 20130173499 in the Official Public Records of Real Property of
  Harris County, Texas, for the northeast corner of this tract;
         THENCE: S 02°02'13" E, along and with an east line of said
  58.735 acre tract, the west line of said 1.15 acre tract and the
  west right-of-way line of Kitzman Road, a variable width
  right-of-way, a distance of 371.42 feet to a set 5/8 inch iron rod
  with a yellow cap marked "Pape-Dawson", at the north corner of the
  0.2038 acre right-of-way dedication conveyed to Harris County,
  Texas, as recorded in Volume 3765, Page 717 in the Deed Records of
  Harris County, Texas;
         THENCE: Along and with the west right-of-way line of said
  Kitzman Road and the west line of said 0.2038 acre tract the
  following bearings and distances:
               Southwesterly, along a non-tangent curve to the left,
  said curve having a radial bearing of S 77°53'45" E, a radius
  of 330.00 feet, a central angle of 14°08'28", a chord bearing
  and distance of S 05°02'01" W, 81.24 feet, for an arc length
  of 81.45 feet to a set 5/8 inch iron rod with a yellow cap
  marked "Pape-Dawson" for the point of tangency;
         THENCE: S 02°02'13" E, a distance of 833.64 feet to a found
  5/8 inch iron rod at the intersection of the west right-of-way line
  of said Kitzman Road and the north right-of-way line of said Grant
  Road, at the southwest corner of said 0.2038 acre tract and the
  southeast corner of this tract;
         THENCE: S 88°04'20" W, along and with the north right-of-way
  line of said Grant Road, a distance of 1900.54 feet to the POINT OF
  BEGINNING, and containing 58.396 acres in Harris County, Texas.
  Said tract being described in accordance with a survey made on the
  ground and a survey description and map prepared under job number
  49226-19 by Pape-Dawson Engineers, Inc.
         SECTION 3.  (a) The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations relating to this Act with the governor, the
  lieutenant governor, and the speaker of the house of
  representatives within the required time.
         (d)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act are fulfilled
  and accomplished.
         SECTION 4.  (a)  If this Act does not receive a two-thirds
  vote of all the members elected to each house, Subchapter C, Chapter
  7924A, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 7924A.0306 to read as
  follows:
         Sec. 7924A.0306.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
         (b)  This section is not intended to be an expression of a
  legislative interpretation of the requirements of Section 17(c),
  Article I, Texas Constitution.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.