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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of the Harris County Municipal Utility |
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District No. 589; 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, and 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 8005A to read as follows: |
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CHAPTER 8005A. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 589 |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 8005A.0101. 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. 589. |
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Sec. 8005A.0102. 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. 8005A.0103. CONFIRMATION AND DIRECTOR 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. 8005A.0104. CONSENT OF MUNICIPALITY REQUIRED. The |
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temporary directors may not hold an election under Section |
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8005A.0103 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 as required by |
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applicable law. |
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Sec. 8005A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. |
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(a) 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, improvement, operation, |
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or maintenance of macadamized, graveled, or paved roads, or |
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improvements, including storm drainage, in aid of those roads. |
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Sec. 8005A.0106. 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. 8005A.0201. GOVERNING BODY; TERMS. (a) The district |
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is governed by a board of five elected directors. |
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(b) Except as provided by Section 8005A.0202, directors |
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serve staggered four-year terms. |
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Sec. 8005A.0202. TEMPORARY DIRECTORS. (a) The temporary |
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board consists of: |
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(1) Steven Thorin; |
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(2) Ethan Zenzen; |
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(3) Creager Davis; |
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(4) Greg Monette; and |
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(5) Christy Nayes Bowen. |
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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 8005A.0103; or |
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(2) the fourth anniversary of the effective date of |
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the Act enacting this chapter. |
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(c) If permanent directors have not been elected under |
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Section 8005A.0103 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 8005A.0103; 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. 8005A.0301. GENERAL POWERS AND DUTIES. The district |
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has the powers and duties necessary to accomplish the purposes for |
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which the district is created. |
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Sec. 8005A.0302. 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. 8005A.0303. AUTHORITY FOR ROAD PROJECTS. 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, |
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operate, maintain, and convey to this state, a county, or a |
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municipality for operation and maintenance macadamized, graveled, |
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or paved roads, or improvements, including storm drainage, in aid |
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of those roads. |
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Sec. 8005A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A |
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road project must meet all applicable construction standards, |
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zoning and subdivision requirements, and regulations of each |
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municipality in whose corporate limits or extraterritorial |
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jurisdiction the road project is located. |
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(b) If a road project is not located in the corporate limits |
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or extraterritorial jurisdiction of a municipality, the road |
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project must meet all applicable construction standards, |
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subdivision requirements, and regulations of each county in which |
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the road project is located. |
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(c) If the state will maintain and operate the road, the |
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Texas Transportation Commission must approve the plans and |
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specifications of the road project. |
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Sec. 8005A.0305. COMPLIANCE WITH MUNICIPAL CONSENT |
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ORDINANCE OR RESOLUTION. The district shall comply with all |
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applicable requirements of any ordinance or resolution that is |
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adopted under Section 54.016 or 54.0165, Water Code, and that |
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consents to the creation of the district or to the inclusion of land |
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in the district. |
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SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS |
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Sec. 8005A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a) |
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The 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 |
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8005A.0403. |
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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. 8005A.0402. OPERATION AND MAINTENANCE TAX. (a) If |
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authorized at an election held under Section 8005A.0401, the |
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district may impose an operation and maintenance tax on taxable |
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property in the district in accordance with Section 49.107, Water |
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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. 8005A.0403. 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. 8005A.0501. 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. 8005A.0502. 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. 8005A.0503. 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 |
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No. 589 initially includes all the territory contained in the |
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following area: |
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BEING 177.5513 acres of land in the Eli Noland Survey, |
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Abstract Number 600, City of Houston, Harris County, Texas, being |
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out of that certain 259 acre tract of land described in deed to Max |
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Taub and Sam Taub, recorded in Volume 240, Page 227 of the Harris |
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County Deed Records and being part of that tract described as Tract |
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4 in the deed to Saltmine Investment Partnership, LTD., recorded in |
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Harris County Clerk's File Number U711769, and being more |
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particularly described by metes and bounds as follows: |
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COMMENCING from a 5/8 inch iron rod found in the south line of |
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Little York Road (width varies) at the northwest corner of a 10.00 |
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acre tract of land described in deed to North Forest Independent |
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School District and recorded in Volume 4512, Page 38 of the Harris |
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County Deed Records; |
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THENCE S.02°17'20"E. 1039.16 feet along the west line of said |
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10.00 acre tract to a 5/8 inch iron rod with "ATKINSON 5897" cap |
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found in the center line of a 80 foot wide Harris County Flood |
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Control District drainage easement as described in Volume 3171, |
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Page 105 of the Harris County Deed Records; marking the PLACE OF |
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BEGINNING for the herein described tract; |
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THENCE S.56°33'02"E. 432.20 feet along the centerline of said |
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80 foot wide Harris County Flood Control District drainage easement |
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to a point being the northwest corner of a tract of land described |
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in deed to GC Community Development Corporation INC. and recorded |
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in Harris County Clerk's File Number RP-2020-539585; |
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THENCE S.02°17'20"E. 2556.76 feet along the west line of said |
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GC Community Development Corporation INC. tract of land, and the |
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west line of a the Cockburn Tract, an unrecorded subdivision to a 2 |
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inch iron pipe found in the north line of a tract described in deed |
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to Caddo 67 LLC, and recorded in Harris County Clerk's File Number |
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RP-2020-286028; |
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THENCE S.87°26'22"W. 3390.12 feet along the north line of said |
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Caddo 67 LLC, tract and the north line of Melbourne Place, Section |
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Three Subdivision recorded in Volume 49, Page 37 of the Harris |
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County Map Records to a 5/8 inch iron rod with "ATKINSON 5897" cap |
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found at the southeast corner of a 6.8361 acre tract of land |
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described in Deed of Trust to Joseph Bruno and recorded in Harris |
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County Clerk's File Number H825572 from which a found 3/4 inch |
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galvanized iron pipe bears S.87°26'22"W. 742.49 feet; |
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THENCE N.02°46'11"W. 802.69 feet along the east line of said |
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6.8361 acre tract of land to a 3/4 inch iron rod found in the |
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southeasterly line of a 100 foot wide Beaumont-Sour Lake and |
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Western Railroad recorded in Volume 194, Page 45 of the Harris |
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County Deed Records; |
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THENCE N.40°03'54"E. 2619.32 feet along the southeasterly |
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line of said Beaumont-Sour Lake and Western Railroad to a 5/8 inch |
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iron rod with "ATKINSON 5897" cap found in the south line of Lot 81 |
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of Busch Subdivision as shown on the plat thereof recorded in Volume |
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1A, Page 8 of the Harris County Deed Records; |
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THENCE N.87°38'02"E. 676.00 feet along a south line of said |
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Lot 81,Lot 80 and Lot 79 to a 1 inch iron pipe found for the |
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southeast corner of said Lot 79, Busch Subdivision; |
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THENCE N.02°01'45"W. 519.93 feet along the east line of said |
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Lot 79, Lot 78 of said Busch Subdivision to a 5/8 inch iron rod with |
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"ATKINSON 5897" cap set for corner in the centerline of said 80 foot |
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wide Harris County Flood Control District Easement; |
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THENCE S.56°33'02"E. 742.88 feet along the centerline of said |
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80 foot wide Harris County Flood Control District Easement to the |
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PLACE OF BEGINNING. |
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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) If this Act does not receive a two-thirds |
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vote of all the members elected to each house, Subchapter C, Chapter |
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8005A, Special District Local Laws Code, as added by Section 1 of |
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this Act, is amended by adding Section 8005A.0306 to read as |
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follows: |
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Sec. 8005A.0306. NO EMINENT DOMAIN POWER. The district may |
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not exercise the power of eminent domain. |
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(b) 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 immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |