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  S.B. No. 2290
 
 
 
 
  relating to the creation of the Harris County Municipal Utility
  District No. 557; 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 8015 to read as follows:
  CHAPTER 8015. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 557
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8015.001.  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. 557.
         Sec. 8015.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8015.003.  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. 8015.004.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section 8015.003
  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. 8015.005.  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, or improvement of
  macadamized, graveled, or paved roads described by Section 54.234,
  Water Code, or improvements, including storm drainage, in aid of
  those roads.
         Sec. 8015.006.  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. 8015.051.  GOVERNING BODY; TERMS. (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8015.052, directors serve
  staggered four-year terms.
         Sec. 8015.052.  TEMPORARY DIRECTORS. (a)  The temporary
  board consists of:
               (1)  _________________;
               (2)  _________________;
               (3)  _________________;
               (4)  _________________; and
               (5)  _________________.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 8015.003; 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 8015.003 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 8015.003; 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. 8015.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8015.102.  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. 8015.103.  AUTHORITY FOR ROAD PROJECTS. (a)  Under
  Section 52, Article III, Texas Constitution, the district may
  design, acquire, construct, finance, issue bonds for, improve, and
  convey to this state, a county, or a municipality for operation and
  maintenance macadamized, graveled, or paved roads described by
  Section 54.234, Water Code, or improvements, including storm
  drainage, in aid of those roads.
         (b)  The district may exercise the powers provided by this
  section without submitting a petition to or obtaining approval from
  the commission as required by Section 54.234, Water Code.
         Sec. 8015.104.  APPROVAL OF ROAD PROJECT.  (a)  The district
  may not undertake a road project authorized by Section 8015.103
  unless:
               (1)  each municipality or county that will operate and
  maintain the road has approved the plans and specifications of the
  road project, if a municipality or county will operate and maintain
  the road; or
               (2)  the Texas Transportation Commission has approved
  the plans and specifications of the road project, if the state will
  operate and maintain the road.
         (b)  Except as provided by Subsection (a), the district is
  not required to obtain approval from the Texas Transportation
  Commission to design, acquire, construct, finance, issue bonds for,
  improve, or convey a road project.
         Sec. 8015.105.  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. 8015.151.  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 8015.153.
         (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. 8015.152.  OPERATION AND MAINTENANCE TAX. (a)  If
  authorized at an election held under Section 8015.151, 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. 8015.153.  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. 8015.201.  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. 8015.202.  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. 8015.203.  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.
  557 initially includes all the territory contained in the following
  area:
  DESCRIPTION OF A 312.64 ACRE TRACT OF LAND
  SITUATED IN THE JOHN MERRY SURVEY, ABSTRACT 49
  HARRIS COUNTY, TEXAS
         BEING a 312.64 acre tract of land situated in the John Merry
  Survey, Abstract 49, Harris County, Texas and being the
  residue of a called 315.369 acre tract of land described in an
  instrument filed for record under Harris County Clerk's File
  Number C623592, said 312.64 acres being more particularly
  described by metes and bounds as follows:
         BEGINNING at a Texas Department of Transportation brass disk
  in concrete found for the northeast corner of a called 2.14
  acre right-of-way acquisition tract for Farm-to-Market Road
  2100 (160-foot width) described in an instrument filed for
  record under Harris County Clerk's File Number E236723, some
  also being in the south right-of-way line of the Houston,
  Beaumont & Orange Interurban Railroad right-of-way (100-foot
  width, Volume 542, Page 15, Harris County Map Records);
         THENCE N 64'36'50" E, a distance of 2151.36 feet along the
  southeast line of said Houston, Beaumont & Orange Interurban
  Railroad right-of-way to a 5/8 inch iron rod with a cap
  stamped "Brown & Gay" set for corner;
         THENCE N 86'59'00" E, along the north line of said called
  315.369 acre tract, at a distance of 91.67 feet pass a
  1/2-inch iron rod found for the most westerly southwest
  corner of a called 2084.715 acre tract of land described in an
  instrument filed for record under Harris County Clerk's File
  Number Y056225, at a distance of 866.88 feet pass a 1/2-inch
  iron rod found for the most westerly southwest corner of a
  called 753.684 acre tract of land described in a deed filed
  for record under Harris County Clerk's File Number P567184
  and continuing for a total distance of 4103.45 feet to a
  5/8-inch iron rod with a cap stamped "Brown & Gay" set for the
  northwest corner of the herein described tract, some being a
  reentrant corner of said called 2084.715 acre tract of land,
  and from which a found 1/2-inch iron rod bears N 86'59'00" E,
  32.10 feet;
         THENCE S 03'20'19" E, a distance of 2300.99 feet along the
  east line of said called 315.369 acre tract to a 5/8-inch iron
  rod with a cap stamped "Brown & Gay" set for the southwest
  corner of the herein described tract, some being a reentrant
  corner of said called 2084.715 acre tract of land,
         THENCE S 86'44'37" W, a distance of 3450.07 feet along the
  south line of said called 315.369 acre tract to a 2-inch iron
  pipe found for an angle point, some being a northwest corner
  of said called 2084.715 acre tract and the northeast corner
  of Forest Manor Section Two, a subdivision plat filed for the
  record under Volume 187, Page 1 of the Harris County Map
  Records;
         THENCE S 86'45'55" W, along the south line of said called
  315.369 acre tract, at a distance of 835.62 feet and S
  40'37'36" W, 2.94 feet pass a 1-inch iron rod found for the
  northwest corner of said Forest Manor Section Two and the
  northeast corner of a called 46.701 acre tract of and
  described in an instrument filed for a record under Harris
  County Clerk's File Number G913462, at a distance of 2599.89
  feet and S 02'28'36" E, 1.08 feet pass a 3/4-inch iron pipe
  found for the northeast corner of a called 3.0 acre tract of
  land described in an instrument filed for record under Harris
  County Clerk's File Number B878922, and the most northerly
  northwest corner of said called 46.701 acre tract and
  continuing for a total distance of 3085.25 feet to a Texas
  Department of Transportation brass disk in concrete found in
  the east right-of-way line of said Farm-to-Market Road 2100
  (width varies), some also being the southeast corner of said
  called 2.14 acre right-of-way taking and from which a found
  Texas Department of Transportation brass disk in concrete
  bears S 86'45'55" W, 63.41 feet;
         THENCE N 12'58'48" E, a distance of 1170.53 feet along the
  east line of said 2.14 acre right-of-way acquisition tract
  and the east right-of-way line of said Farm-to-Market Road
  2100 (width varies) to a Texas Department of Transportation
  brass disk in concrete found for an angle point;
         THENCE N 12'33'48" E, a distance of 397.78 feet along the east
  line of said 2.14 acre right-of-way acquisition tract to the
  POINT OF BEGINNING and containing 312.64 acre 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
  8015, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 8015.106 to read as follows:
         Sec. 8015.106.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
         (b)  This section is not intended to be an expression of a
  legislative interpretation of the requirements of Section 17(c),
  Article I, Texas Constitution.
         SECTION 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, 2017.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 2290 passed the Senate on
  May 11, 2017, by the following vote:  Yeas 30, Nays 1.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 2290 passed the House on
  May 24, 2017, by the following vote:  Yeas 137, Nays 9, two
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor