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  S.B. No. 752
 
 
 
 
  relating to the creation of the Harris County Municipal Utility
  District No. 530; providing authority to impose a tax and issue
  bonds; granting a limited power of eminent domain.
         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 8451 to read as follows:
  CHAPTER 8451.  HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 530
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8451.001.  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. 530.
         Sec. 8451.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8451.003.  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. 8451.004.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section 8451.003
  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. 8451.005.  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. 8451.006.  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. 8451.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8451.052, directors serve
  staggered four-year terms.
         Sec. 8451.052.  TEMPORARY DIRECTORS.  (a)  The temporary
  board consists of: 
               (1)  Jerry Ashmore;
               (2)  Bari Pace;
               (3)  Robert Quarles;
               (4)  Neal Shudde; and
               (5)  Jim Thomas.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 8451.003; 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 8451.003 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 8451.003; 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. 8451.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8451.102.  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. 8451.103.  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. 8451.104.  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. 8451.105.  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.  GENERAL FINANCIAL PROVISIONS
         Sec. 8451.151.  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 8451.153.
         (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. 8451.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8451.151, 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. 8451.153.  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. 8451.201.  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. 8451.202.  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. 8451.203.  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. 530 initially includes all the territory contained in the
  following area:
         Being 384.307 acres of land located in the William Hironymus
  Survey, Abstract 352, the Thomas Martin Survey, Abstract 552, the
  Milton Yates Survey, Abstract 945 and the G. C. & S. F. R.R. Survey,
  Abstract 1301, Harris County, Texas, more particularly being all
  portion of that certain called 151.830 acre tract conveyed to
  District & Urban (Texas), Inc. by an instrument of record under File
  Number V839891, of the Official Public Records of Real Property, of
  said Harris County, Texas (H.C.O.P.R.R.P.), all of the residue of
  that certain called 76.3015 acre tract conveyed to District & Urban
  (Texas), Inc. by an instrument of record under File Number U759568,
  H.C.O.P.R.R.P., all of that certain called 134.113 acre tract
  conveyed to New Light Church World Outreach and Worship Centers,
  Inc. by an instrument of record under File Number 20110367407,
  H.C.O.P.R.R.P., and a portion of that certain called 48.1306 acre
  tract conveyed to New Light Church World Outreach and Worship
  Centers, Inc. by an instrument of record under File Number S473526,
  H.C.O.P.R.R.P., said 384.307 acre tract being more particularly
  described by metes and bounds as follows (all bearings referenced
  to the Texas State Plane Coordinate System, South Central Zone,
  NAD83, 2001 adjustment);
         BEGINNING at a 1/2-inch iron rod found at the northwest
  corner of Klein I.S.D. Benignus Elementary School, a subdivision of
  record under Film Code 591255, Harris County Map Records,
  (H.C.M.R.), same being the northeast corner of said 134.113 acre
  tract and being on the southerly right-of-way line of F.M. 2920 (120
  feet wide) as recorded in Volume 7182, Pg. 575, Volume 7195, Page
  405, and Volume 8040, Page 330, Harris County Deed Records
  (H.C.D.R.);
         Thence, South 02° 18' 34" East, along the west line of said
  Klein I.S.D. Benignus Elementary School, 889.00 feet to a point for
  the southwest corner of said School, same being the northwest
  corner of Windrose West Sec. 15 Amending Plat No. 1, a subdivision
  of record under Film Code 600043, H.C.M.R. and from which a 3/4-inch
  iron rod with a cap stamped "COTTON SURVEYING" found bears North 88°
  22' 58" West, 2.47 feet;
         Thence, South 02° 19' 34" East, along the west line of said
  Windrose West Sec. 15, 613.36 feet to an angle point for corner;
         Thence, South 02° 15' 50" East, continuing along the west line
  of said Windrose West Sec. 15, 421.93 feet to an angle point for
  corner;
         Thence, South 02° 27' 35" East, continuing along the west line
  of said Windrose West Sec. 15, 737.94 feet to a 5/8-inch iron rod
  with a cap stamped "CARTER & BURGESS" found for the southwest corner
  of said Windrose West Sec. 15, same being the northeast corner of
  Windrose West Sec. 12, a subdivision of record under Film Code
  556244, H.C.M.R.;
         Thence, South 02° 24' 52" East, along the west line of said
  Windrose West Sec. 12, 574.92 feet to a 5/8-inch iron rod with a cap
  stamped "CARTER & BURGESS" found for the southwest corner of said
  Windrose West Sec. 12;
         Thence, North 87° 22' 10" East, along the south line of said
  Windrose West Sec. 12, 291.75 feet to a 5/8-inch iron rod with a cap
  stamped "CARTER & BURGESS" found for the northwest corner of
  Windrose West Sec. 14, a subdivision of record under Film Code
  576205, H.C.M.R.;
         Thence, South 01° 41' 48" East, along the west line of said of
  Windrose West Sec. 14, 1,358.62 feet to a 5/8-inch iron rod with a
  cap stamped "CARTER & BURGESS" found for an interior angle point for
  corner on said west line, same being the southeast corner of said
  134.113 acre tract, said point being on the common survey line of
  the aforementioned Thomas Martin and G.C. & S.F. R.R. Surveys;
         Thence, South 87° 53' 49" West, continuing along said west
  line and along the south line of said 134.113 acre tract and said
  common survey line, passing the most northerly southwest corner of
  said Windrose West Sec. 14 at 63.99 feet, same being the northeast
  corner of the residue of a called 16.7436 acre tract known as "Tract
  2" being conveyed to New Light Church World Outreach and Worship
  Centers, Inc. under File Number S473526, H.C.O.P.R.R.P., from which
  a 5/8-inch iron rod with cap stamped "CARTER & BURGESS" found bears
  South 11° 59' 34" East, 1.08 feet, continuing along said south line,
  a total of 1,332.77 feet to a point for corner, said point being on
  the north line of the aforementioned 48.1306 acre tract;
         Thence, South 34° 56' 11" West, departing the south line of
  said 134.113 acre tract, the north line of said 48.1306 acre tract
  and said common survey line, over and across said 48.1306 acre
  tract, 359.28 feet to a point for corner;
         Thence, South 02° 02' 25" East, continuing across said 48.1306
  acre tract, 795.30 feet to a point for corner on the south line of
  said 48.1306 acre tract;
         Thence, South 87° 57' 28" West, along said south line, 857.69
  feet to a 5/8-inch iron rod with cap stamped "AECOM-INC" found for
  corner on the easterly right-of-way line of Stuebner-Airline Road
  (called 120 feet wide) as described under File Number 20100437741,
  H.C.O.P.R.R.P. and Volume 3042, Page 345, H.C.D.R.;
         Thence, North 25° 49' 27" West, along said easterly
  right-of-way line, 1,180.95 feet to a point for corner on the north
  line of said 48.1306 acre tract and the south line of that certain
  called 10.4772 acre tract conveyed to Morris Strack and Helen R.
  Strack by an instrument of record under File Number T245825,
  H.C.O.P.R.R.P., and the aforementioned common survey line of the
  Thomas Martin and G. C. and S.F. R.R. Surveys;
         Thence, North 87° 53' 49" East, along the north line of said
  48.1306 acre tract, the south line of said 10.4772 acre tract and
  along said common survey line, 767.63 feet to a 1/2-inch iron rod
  found for the southeast corner of said 10.4722 acre tract and the
  southwest corner of the aforementioned 134.113 acre tract;
         Thence, North 16° 50' 36" West, departing said common survey
  line and along the east line of said 10.4772 acre tract, 763.85 feet
  to a 1/2-inch iron rod found for the northeast corner of said
  10.4772 acre tract;
         Thence, along the northerly line of said 10.4772 acre tract
  and a southerly line of said 134.113 acre tract, the following three
  (3) courses:
         1)  South 73° 26' 34" West, 532.31 feet to a 1/2-inch iron rod
  found for corner;
         2)  South 26° 26' 59" East, 233.61 feet to a 5/8-inch iron rod
  found for corner;
         3)  South 63° 25' 39" West, 299.22 feet to a 5/8-inch iron rod
  with cap stamped "AECOM-INC" found for corner on the easterly
  right-of-way line of said Stuebner-Airline Road;
         Thence, North 25° 49' 27" West, along said easterly
  right-of-way line, 751.96 feet to a 5/8-inch iron rod with cap
  stamped "SURVCON" found for the south corner of that certain called
  1.955 acre tract conveyed to Harris County by an instrument of
  record under File Number 20100437741, H.C.O.P.R.R.P.;
         Thence, along the southeasterly line of said 1.955 acre
  tract, the following four (4) courses:
         1)  North 64° 13' 10" East, 106.29 feet to a 5/8-inch iron rod
  with cap stamped "SURVCON" found for corner;
         2)  North 09° 27' 35" East, 62.36 feet to a 5/8-inch iron rod
  with cap stamped "SURVCON" found for corner;
         3)  North 22° 59' 23" East, 225.45 feet to a 5/8-inch iron rod
  with cap stamped "SURVCON" found for corner;
         4)  North 25° 49' 17" West, 77.74 feet to a 5/8-inch iron rod
  with cap stamped "SURVCON" found for the northeast corner of said
  1.955 acre tract, said point being on the south line of that certain
  called 5.000 acre tract conveyed to J.M.C. and Associates, Inc. by
  an instrument of record under File Number R457814, H.C.O.P.R.R.P.,
  said point being on the north line of said 134.113 acre tract, and
  being on the common survey line of the Thomas Martin and Milton
  Yates Surveys;
         Thence, North 87° 21' 28" East, along said common survey line,
  207.75 feet to a point for the southeast corner of said 5.000 acre
  tract and a re-entrant corner on the west line of said 134.113 acre
  tract, same being the common south corner of said Milton Yates
  Survey and the aforementioned Thomas Hironymus Survey;
         Thence, North 02° 22' 08" West, along the common survey line
  of the Milton Yates and said Thomas Hironymus Surveys and along a
  west line of said 134.113 acre tract at 231.67 feet pass a 3/8-inch
  iron rod found for the most northerly northwest corner of said
  134.113 acre tract, same being the southwest corner of the
  aforementioned 151.830 acre tract, continuing along said common
  survey line and along the west line of said 151.830 acre tract, in
  all a total distance of 1,104.29 feet to a 3/8-inch iron rod found
  for the southeast corner of the aforementioned 76.3015 acre tract,
  same being the northeast corner of that certain called 4.023 acre
  tract conveyed to Sterling Bank by an instrument of record under
  File Number 20090503482, H.C.O.P.R.R.P., said 4.023 acre tract
  being a portion of that certain called 8.0240 acre tract conveyed to
  John Dempsey, Brian Dempsey and Darryl Dempsey by an instrument of
  record under File Number X690238, H.C.O.P.R.R.P.;
         Thence, along the south line of said 76.3015 acre tract, the
  following six (6) courses:
         1)  South 76° 50' 39" West, along the north line of said
  8.0240 acre tract, 440.36 feet to a 5/8-inch iron rod with cap
  stamped "HOVIS" found for the southeast corner of that certain
  called 1.003 acre tract conveyed to Dan A. Hughes by an instrument
  of record under File Number T782305, H.C.O.P.R.R.P.;
         2)  North 13° 09' 21" West, departing the north line of said
  8.0240 acre tract and along the east line of said 1.003 acre tract,
  235.00 feet to a point for corner;
         3)  South 76° 50' 39" West, along the north line of said 1.003
  acre tract, 186.00 feet to a point for corner;
         4)  South 13° 09' 21" East, along the west line of said 1.003
  acre tract, 235.00 feet to a 5/8-inch iron rod with cap stamped
  "HOVIS" found for the southwest corner of said 1.003 acre tract,
  said point being on the north line of said 8.0240 acre tract;
         5)  South 76° 44' 34" West, along the north line of said
  8.0240 acre tract, 46.98 feet to a 3/8-inch iron rod found for an
  angle point on the north line of said 8.0240 acre tract and the
  south line of said 76.3015 acre tract;
         6)  South 62° 27' 26" West, continuing along the north line of
  said 8.0240 acre tract, 285.67 feet to a point for corner on the
  easterly right-of-way line of Stuebner-Airline Road (called 120
  feet wide) as described under File Number 20100319615,
  H.C.O.P.R.R.P.;
         Thence, North 25° 49' 27" West, along said easterly
  right-of-way line, 2,215.66 feet to a point for corner, the
  beginning of a curve;
         Thence, 392.98 feet continuing along said easterly
  right-of-way line (width varies) and the arc of a tangent curve to
  the right having a radius of 1,082.00 feet, a central angle of 20°
  48' 35", and a chord that bears North 15° 25' 10" West, 390.82 feet
  to a point for corner at the end of said curve on the aforementioned
  southerly right-of-way line of F.M. 2920, the beginning of a curve;
         Thence, 560.99 feet along said southerly right-of-way line of
  F.M. 2920 and the arc of a non-tangent curve to the left having a
  radius of 3,879.77 feet, a central angle of 08° 17' 05", and a chord
  that bears South 88° 23' 15" East, 560.51 feet to a point for corner;
         Thence, North 87° 28' 13" East, continuing along said
  southerly right-of-way line of F.M. 2920, 3,971.10 feet to the
  POINT OF BEGINNING and containing 384.307 acres of land.
         SECTION 3.  (a)  The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations relating to this Act with the governor, the
  lieutenant governor, and the speaker of the house of
  representatives within the required time.
         (d)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act are fulfilled
  and accomplished.
         SECTION 4.  (a)  If this Act does not receive a two-thirds
  vote of all the members elected to each house, Subchapter C, Chapter
  8451, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 8451.106 to read as follows:
         Sec. 8451.106.  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 Subsection (c),
  Section 17, 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, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 752 passed the Senate on
  April 4, 2013, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 752 passed the House on
  May 22, 2013, by the following vote:  Yeas 147, Nays 1, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor