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  H.B. No. 1379
 
 
 
 
AN ACT
  relating to the creation of the Harris County Municipal Utility
  District No. 565; 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 8036 to read as follows:
  CHAPTER 8036. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 565
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8036.0101.  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. 565.
         Sec. 8036.0102.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8036.0103.  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. 8036.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section
  8036.0103 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. 8036.0105.  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. 8036.0106.  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. 8036.0201.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8036.0202, directors
  serve staggered four-year terms.
         Sec. 8036.0202.  TEMPORARY DIRECTORS. (a) The temporary
  board consists of:
               (1)  Amy Koy;
               (2)  Elizabeth Reeves;
               (3)  Taylor Lewis Gaver;
               (4)  Brandy Botter; and
               (5)  Hollye Seabolt.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 8036.0103; 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 8036.0103 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 8036.0103; 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. 8036.0301.  GENERAL POWERS AND DUTIES.  The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8036.0302.  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. 8036.0303.  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. 8036.0304.  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. 8036.0305.  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. 8036.0401.  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 8036.0403.
         (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. 8036.0402.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8036.0401, 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. 8036.0403.  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. 8036.0501.  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. 8036.0502.  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. 8036.0503.  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. 565 initially includes all the territory contained in the
  following area:
  Being a 104.21 acre tract of land located in the Harris County
  School Land Survey, Section 27 and Section 28, A-333, Harris
  County, Texas; said 104.21 acre tract being a portion of a called
  56.491 acre tract of land recorded in Clerk's File Number
  RP-2018-392482 of the Official Public Records of Real Property
  Harris County (O.P.R.R.P.H.C.), Texas and the remainder of a called
  51.1936 acre tract of land recorded in Clerk's File No. M000378 of
  the O.P.R.R.P.H.C.; said 104.21 acre tract being more particularly
  described by metes and bounds in two tracts as follows (all bearings
  are referenced to the Texas Coordinate System, NAD 83, 2001 Adj.,
  South Central Zone):
  Tract 1- 55.37 Acres
  Beginning at a 1-1/4-inch iron rod found at the southeast corner of
  said called 56.491 acre tract and a westerly interior corner of a
  called 75.9019 acre tract of land recorded in Clerk's File Number
  R062458 of the O.P.R.R.P.H.C.
         1.  Thence, with the south line of said called 56.491 acre
  tract, a westerly line of said called 75.9019 acre tract, the north
  line of a called 9.737 acre tract of land recorded in Clerk's File
  Number U588970, the north line of a called 9.736 acre tract of land
  recorded in Clerk's File Number U496673, and the north line of a
  called 4.736 acre tract (north half) of land recorded in Clerk's
  File Number 20140111501 all of the O.P.R.R.P.H.C, South 87 degrees
  50 minutes 16 seconds West (called S89°49'29"W), a distance of
  1,619.54 feet to a 5/8-inch iron rod with cap stamped "COSTELLO INC"
  found on the east right-of-way (R.O.W.) line of Becker Road
  (66-feet wide) from which a PK nail found for the southwest corner
  of said called 56.491 acre tract bears S87°50'16"W, 33.00';
         2.  Thence, with said east R.O.W. line, North 02 degrees 09
  minutes 37 seconds West, a distance of 1,484.67 feet to a 5/8-inch
  iron rod found on the north line of said called 56.491 acre tract
  and south line of a called 10.039 acre tract of land recorded in
  Clerk's File No. 20120062218 of the O.P.R.R.P.H.C.;
         3.  Thence, with the north line of said called 56.491 acre
  tract common with the south line of said called 10.039 acre tract,
  North 87 degrees 38 minutes 44 seconds East (called North 89 degrees
  38 minutes 21 seconds East), a distance of 1,623.50 feet (called
  1623.69 feet) to the northeast corner of said called 56.491 acre
  tract, the southwest corner of said call 10.039 acre tract and being
  on the west line of aforesaid called 75.9019 acre tract;
         4.  Thence, with the east line of said called 56.491 acre
  tract common with the west line of said called 75.9019 are tract,
  South 02 degrees 00 minutes 29 seconds East (called South 00 degrees
  00 minutes 52 seconds East), a distance of 1,490.13 feet (called
  1489.98 feet) to the Point of Beginning and containing 55.37 acres
  of land.
  Tract 2- 48.84 Acres
  Beginning at a 1-inch iron pipe found at the northeasterly corner of
  a called two acre tract of land recorded in the name of Lendell
  Martin and Lawanna Martin, co-trustees of the Justin Clint Martin
  1994 Investment Trust in C.F. No. X651859 of the O.P.R.R.P.H.C.,
  and being at the intersection of an interior south line of said
  51.1936 acre tract with the westerly right-of-way line of Becker
  Road (66-feet wide) as established by the map of Harris County
  School Land recorded in Volume 17, Pages 222 and 223 of the Deed
  Records of Harris County;
         1.  South 87 degrees 57 minutes 49 seconds West, a distance
  of 484.00 feet to a 5/8-inch iron rod with cap stamped "COSTELLO
  INC" found at an interior corner of said 51.1936 acre tract and the
  northwest corner of said two acre tract;
         2.  South 02 degrees 09 minutes 19 seconds East, a distance
  of 180.00 feet to a 5/8-inch iron rod with cap stamped "COSTELLO
  INC" found at an interior corner of said 51.1936 acre tract and the
  southwest corner of said two acre tract, from which a found 5/8-inch
  iron rod bears North 87 degrees 54 minutes 26 seconds East, a
  distance of 1.18 feet;
         3.  North 87 degrees 57 minutes 49 seconds East, a distance
  of 484.00 feet to a 5/8-inch iron rod with cap stamped "COSTELLO
  INC" found at the southeast corner of said two acre tract and being
  on the aforesaid westerly right-of-way line of Becker Road, from
  which a found 1-inch iron pipe bears North 49 degrees 58 minutes 30
  seconds East, a distance of 1.81 feet;
         4.  Thence, with said westerly right-of-way line of Becker
  Road, South 02 degrees 09 minutes 19 seconds East, a distance of
  1,141.31 feet to a 5/8-inch iron rod found on the southerly line of
  said 51.1936 acre tract and the northerly line of a called 20.00
  acre tract of land recorded in the name of Tye E. Smith and wife,
  Patricia B. Smith in C.F. No. S272354 of the O.P.R.R.P.H.C.;
         5.  Thence, with said southerly line of the 51.1936 acre
  tract and said northerly line of the 20.00 acre tract, South 88
  degrees 01 minutes 34 seconds West, a distance of 1,190.54 feet to a
  5/8-inch iron rod found at the southwest corner of said 51.1936 acre
  tract and an interior corner of said 20.00 acre tract;
         6.  Thence, with the westerly line of said 51.1936 acre
  tract, an easterly line of said 20.00 acre tract, and the easterly
  line of a called 58.4349 acre tract of land recorded in the name of
  John Bryan Lowe, Jr. in C.F. No. M000380 of the O.P.R.R.P.H.C.,
  North 02 degrees 10 minutes 06 seconds West, a distance of 1,859.46
  feet to a 5/8-inch iron rod found on the southerly right-of-way line
  of Botkins Road (66-feet wide) as established by aforesaid map of
  Harris County School Land;
         7.  Thence, with said southerly right-of-way line of Botkins
  Road, North 88 degrees 00 minutes 04 seconds East, a distance of
  1,190.96 feet to a 3/4-inch iron rod found at the intersection with
  aforesaid westerly right-of-way line of Becker Road;
         8.  Thence, with said westerly right-of-way line of Becker
  Road, South 02 degrees 09 minutes 19 seconds East, a distance of
  538.67 feet to the Point of Beginning and containing 48.84 acres of
  land.
  Parcel 1- 55.37 Acres
  Parcel 2- 48.84 Acres
  Total - 104.21 Acres
         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
  8036, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 8036.0306 to read as follows:
         Sec. 8036.0306.  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, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1379 was passed by the House on April
  26, 2019, by the following vote:  Yeas 124, Nays 15, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1379 was passed by the Senate on May
  21, 2019, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor