H.B. No. 3982

	AN ACT
	relating to the creation of the Harris County Municipal Utility
	District No. 494; providing authority to impose a tax and issue
	bonds; granting the 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 8214 to read as follows:
	CHAPTER 8214. HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO. 494
	SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 8214.001.  DEFINITIONS. In this chapter:
	(1)  "Board" means the district's board of directors.
	(2)  "Director" means a board member.
	(3)  "District" means Harris County Municipal Utility
	District No. 494.
	Sec. 8214.002.  NATURE OF DISTRICT. The district is a
	municipal utility district in Harris County created under and
	essential to accomplish the purposes of Section 52, Article III,
	and Section 59, Article XVI, Texas Constitution.
	Sec. 8214.003.  CONFIRMATION ELECTION REQUIRED. If the
	creation of the district is not confirmed at a confirmation
	election held under Section 8214.023 before September 1, 2011:
	(1)  the district is dissolved September 1, 2011,
	except that the district shall:
	(A)  pay any debts incurred;
	(B)  transfer to Harris County any assets that
	remain after the payment of debts; and
	(C)  maintain the organization of the district
	until all debts are paid and remaining assets are transferred; and
	(2)  this chapter expires September 1, 2014.
	Sec. 8214.004.  INITIAL DISTRICT TERRITORY. (a) The
	district is initially composed of the territory described by
	Section 2 of the Act creating this chapter.
	(b)  The boundaries and field notes contained in Section 2 of
	the Act creating 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:
	(1)  the organization, existence, or validity of the
	district;
	(2)  the right of the district to impose taxes;
	(3)  the validity of the district's bonds, notes, or
	indebtedness; or
	(4)  the legality or operation of the district or the
	board.
	[Sections 8214.005-8214.020 reserved for expansion]
	SUBCHAPTER A-1. TEMPORARY PROVISIONS
	Sec. 8214.021.  TEMPORARY DIRECTORS.  (a) On or after
	September 1, 2007, a person who owns land in the district may submit
	a petition to the Texas Commission on Environmental Quality
	requesting that the commission appoint as temporary directors the
	five persons named in the petition.
	(b)  The commission shall appoint as temporary directors the
	five persons named in the first petition received by the commission
	under Subsection (a).
	(c)  If a temporary director fails to qualify for office, the
	commission shall appoint a person to fill the vacancy.
	(d)  Temporary directors serve until the earlier of:
	(1)  the date directors are elected under Section
	8214.023; or
	(2)  the date this chapter expires under Section
	8214.003.
	Sec. 8214.022.  ORGANIZATIONAL MEETING OF TEMPORARY
	DIRECTORS. As soon as practicable after all the temporary
	directors have qualified under Section 49.055, Water Code, the
	temporary directors shall meet at a location in the district
	agreeable to a majority of the directors.  At the meeting, the
	temporary directors shall elect officers from among the temporary
	directors and conduct any other district business.
	Sec. 8214.023.  CONFIRMATION AND INITIAL DIRECTORS'
	ELECTION.  The temporary directors shall hold an election to
	confirm the creation of the district and to elect five directors as
	provided by Section 49.102, Water Code.
	Sec. 8214.024.  INITIAL ELECTED DIRECTORS; TERMS.  The
	directors elected under Section 8214.023 shall draw lots to
	determine which two shall serve until the first regularly scheduled
	election of directors and which three shall serve until the second
	regularly scheduled election of directors.
	Sec. 8214.025.  EXPIRATION OF SUBCHAPTER. This subchapter
	expires September 1, 2014.
	[Sections 8214.026-8214.050 reserved for expansion]
	SUBCHAPTER B. BOARD OF DIRECTORS
	Sec. 8214.051.  GOVERNING BODY; TERMS. (a) The district is
	governed by a board of five directors.
	(b)  Directors serve staggered four-year terms.
	[Sections 8214.052-8214.100 reserved for expansion]
	SUBCHAPTER C.  POWERS AND DUTIES
	Sec. 8214.101.  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. 8214.102.  ROAD PROJECTS. (a)  To the extent authorized
	by Section 52, Article III, Texas Constitution, the district may
	construct, acquire, improve, maintain, or operate macadamized,
	graveled, or paved roads or turnpikes, or improvements in aid of
	those roads or turnpikes, inside the district.
	(b)  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 district is located.  If the district is not
	located in the corporate limits or extraterritorial jurisdiction of
	a municipality, a road project must meet all applicable
	construction standards, zoning and subdivision requirements, and
	regulations of each county in which the district is located.
	(c)  The district may not undertake a road project unless
	each municipality in whose corporate limits or extraterritorial
	jurisdiction the district is located consents by resolution.
	Sec. 8214.103.  COMPLIANCE WITH MUNICIPAL ORDINANCES OR
	RESOLUTIONS. The district shall comply with all applicable
	requirements of any ordinance or resolution adopted by the
	governing body of the City of Houston.
	Sec. 8214.104.  EFFECT OF ANNEXATION BY CITY OF HOUSTON.  If,
	before the date of the confirmation election, the City of Houston
	annexes into its corporate limits all territory described by the
	Act creating this chapter, Section 43.075, Local Government Code,
	does not apply to the district.
	[Sections 8214.105-8214.150 reserved for expansion]
	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
	Sec. 8214.151.  TAX TO REPAY BONDS. The district may impose
	a tax to pay the principal of or interest on bonds or other
	obligations issued under Section 8214.201.
	Sec. 8214.152.  UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
	ASSESSMENTS.  The district may not impose an impact fee or
	assessment on the property, including the equipment,
	rights-of-way, facilities, or improvements, of:
	(1)  an electric utility or a power generation company
	as defined by Section 31.002, Utilities Code;
	(2)  a gas utility as defined by Section 101.003 or
	121.001, Utilities Code;
	(3)  a telecommunications provider as defined by
	Section 51.002, Utilities Code; or
	(4)  a person who provides to the public cable
	television or advanced telecommunications services.
	[Sections 8214.153-8214.200 reserved for expansion]
	SUBCHAPTER E.  BONDS
	Sec. 8214.201.  AUTHORITY TO ISSUE BONDS AND OTHER
	OBLIGATIONS. (a) The district may issue bonds or other obligations
	as provided by Chapters 49 and 54, Water Code, to finance the
	construction, maintenance, or operation of a project under Section
	8214.101 or 8214.102.
	(b)  The district may not issue bonds or other obligations to
	finance projects authorized by Section 8214.102 unless the issuance
	is approved by a vote of a two-thirds majority of the district
	voters voting at an election called for that purpose.
	(c)  Bonds or other obligations issued or incurred to finance
	projects authorized by Section 8214.102 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.
	494 includes all the territory contained in the following area:
	TRACT ONE:
	Being a 267.01 acre (11,630,986 square feet) parcel situated in the
	David Harris Survey, A-26, Harris County, Texas, being all of a
	called 165.928 acre tract conveyed to Frank J. Dimara, Victor M.
	Manon, Ursula Quentel, and James S. Henson, Jr. by Special Warranty
	Deed with Vendor's Lien by Clerk's File No. S740603 of the Harris
	County Official Public Records of Real Property, said parcel being
	more particularly described by metes and bounds as follows with all
	bearings based on Texas State Plane South Central Zone;
	BEGINNING, at a 3/8-inch iron rod found in the southeasterly right
	of way line of the B.S.L. & W. Railroad, in the north line of a tract
	described as the "Second Tract" by Deed recorded under Clerk's File
	No. F946397 of the Harris County Official Public Records of Real
	Property, for the southwest corner of said 165.928 acre tract and
	the herein described parcel beginning a curve to the right;
	THENCE, along the arc of said curve to the right having a radius of
	4699.74 feet, an arc length of 3187.30 feet, through a delta of
	38°51'26", and a chord bearing North 63°21'18" East, 3126.56 feet to
	a 5/8-inch iron rod set with cap (stamped "Montgomery and
	Associates") for a point in the south right of way line of said
	B.S.L. & W. Railroad, and the north line of said 165.928 acre tract
	and the herein described parcel;
	THENCE, North 82°47'01" East, 2073.06 feet along the south right of
	way line of said B.S.L. & W. Railroad, and the north line of said
	165.928 acre tract to a 5/8-inch iron rod set with cap (stamped
	"Montgomery and Associates") beginning a curve to the left;
	THENCE, along the arc of said curve to the left having a radius of
	4372.28 feet, an arc length of 1770.41 feet, through a delta of
	23°12'00", and a chord bearing North 71°11'01" East, 1758.34 feet to
	a 5/8-inch iron rod set with cap (stamped "Montgomery and
	Associates") for a point in south right of way line of said B.S.L. &
	W. Railroad, and the north line of said 165.928 acre tract and the
	herein described parcel;
	THENCE, North 59°35'01" East, 165.57 feet along the southeasterly
	right of way of said B.S.L. & W. Railroad, and the north line of said
	165.928 acre tract to a 5/8-inch iron rod set with cap (stamped
	"Montgomery and Associates") in the high bank of Lake Houston, for a
	northeasterly corner of the herein described parcel;
	THENCE, meandering along the high bank of said Lake Houston the
	following calls:
	South 33°27'43" East, a distance of 194.49 feet;
	South 31°19'07" East, a distance of 205.30 feet;
	South 04°32'51" East, a distance of 110.27 feet;
	South 29°02'57" West, a distance of 312.01 feet;
	South 17°21'54" West, a distance of 95.43 feet;
	South 60°33'31" West, a distance of 682.21 feet;
	South 33°36'35" West, a distance of 310.86 feet;
	South 41°26'46" West, a distance of 173.95 feet;
	South 37°04'07" West, a distance of 195.61 feet;
	South 66°51'30" West, a distance of 98.64 feet;
	South 78°44'55" West, a distance of 242.84 feet;
	South 78°30'34" West, a distance of 281.07 feet;
	South 80°48'27" West, a distance of 88.84 feet;
	South 68°02'21" West, a distance of 214.27 feet;
	South 40°00'15" West, a distance of 81.51 feet;
	South 21°39'56" West, a distance of 98.08 feet;
	South 03°46'20" East, a distance of 50.58 feet to a 5/8-inch iron rod
	set with cap (stamped "Montgomery and Associates") for the
	northeast corner of said "Second Tract", for the southeast corner
	of the herein described parcel;
	THENCE, along the west bank of Lake Houston and the east line of
	said 92.3892 acre tract the following courses and distances:
	South 26°44'05" West, 487.30 feet;
	South 67°10'29" West, 540.91 feet;
	South 83°01'25" West, 2363.77 feet to a point in the south line of
	the herein described parcel;
	THENCE, South 87°30'48" West, 1285.37 feet along the south line of
	the "Second Tract", and the north line of said 18.6469 acres to a
	point for an interior corner of the herein described parcel from
	which a 5/8-inch iron rod found bears South 01°54'32" West, 2.05
	feet;
	THENCE, South 02°25'06" East, 539.72 feet to a 5/8-inch iron rod
	found with cap in the north line of a called 5.161 acre tract
	conveyed to Mary Ellen Kindrick, Carol Ann Mills, Leslie Earl
	Meyer, Jr., Rose Lee Jenkins, James Earl Meyer, and Pamela Dawn
	Meadors by Correction Special Warranty Deed recorded under Clerk's
	File No. T872891 of the Harris County Official Public Records of
	Real Property, for the southeast corner of said 18.6469 acre tract,
	and the herein described parcel;
	THENCE, South 87°55'07" West, 1347.74 feet along the north line of
	said 5.161 acre tract, and the north line of a called 1.729 acre
	tract conveyed to Carol Mills by Warranty Deed recorded under
	Clerk's File No. W826336 of the Harris County Official Public
	Records of Real Property, to a point in a sand pit for a
	southwesterly corner of the herein described parcel;
	THENCE, South 35°24'58" West, 126.15 feet along the southerly line
	of said 18.6469 acre tract to a point in the north line of Houston
	Groves according to the map or plat thereof recorded under Volume 8,
	Page 51 of the Harris County Map Records, for a southwesterly corner
	of said 18.6469 acre tract, and the herein described parcel;
	THENCE, South 87°33'08" West, 164.31 feet along the north line of
	said Houston Groves, and the southerly line of said 18.6469 acre
	tract to a point in a sand pit, in the east right of way line of said
	B.S.L. & W. Railroad for the southwest corner of the herein
	described parcel;
	THENCE, North 40°05'56" East, 637.78 feet along the east right of
	way of said B.S.L. & W. Railroad to a 5/8-inch iron rod set with cap
	(stamped "Montgomery and Associates") for a northwesterly corner of
	the herein described parcel;
	THENCE, North 49°56'03" West, 100.00 feet along the easterly right
	of way line of said B.S.L. & W. Railroad to a 5/8-inch iron rod set
	with cap (stamped "Montgomery and Associates") for a northwesterly
	corner of the herein described parcel;
	THENCE, North 40°05'56" East, 125.52 feet along the easterly right
	of way line of said B.S.L. & W. Railroad to a found concrete
	monument, for the southwest corner of the aforementioned "second
	tract" and the northwest corner of the aforementioned 18.6469 acre
	tract;
	THENCE, North 40°05'56" East, 1117.65 feet along the southeasterly
	right of way line of said B.S.L. & W. Railroad, and the westerly
	line of the aforementioned 92.3892 acre tract to a 3/8-inch iron rod
	found for the northwest corner of said 92.3892 acre tract and the
	west line of the herein described parcel;
	THENCE, North 87 degrees 48 minutes 29 seconds East, 48.77 feet,
	along the north line of the aforementioned 92.3892 acre tract and
	the east line of the aforementioned B.S.L. & W. Railroad back to the
	POINT OF BEGINNING, CONTAINING 267.01 acres (11,630,986 square
	feet) of land in Montgomery County, Texas.
	TRACT TWO:
	Being a 53.04 acre (2,310,369 square feet) parcel situated in the
	David Harris Survey, A-26, Harris County, Texas, being all of a
	called 118.8737 acre tract referred to as the "First Tract"
	recorded under Clerk's File No. F946397 of the Harris County
	Official Public Records of Real Property, said parcel being more
	particularly described by metes and bounds as follows with all
	bearings based on Texas State Plane South Central Zone;
	BEGINNING, at a 5/8-inch iron rod found in the southeasterly right
	of way line of West Lake Houston Parkway (called 120 feet wide), for
	the southwest corner of the residue of a called 422.45 acre tract
	described in Deed recorded under Clerk's File No, R489964 of the
	Harris County Official Public Records of Real Property, for the
	northwest corner of said 118.8737 acre tract and the herein
	described parcel;
	THENCE, North 87°44'36" East, 2569.75 feet along the south line of
	said 422.45 acre tract, the south line of Walden on Lake Houston
	Phase 3, Sportsman's Village according to the plat recorded under
	Volume 315, Page 89 of the Harris County Map Records, and the north
	line of said 118.8737 acre tract to a 5/8-inch iron rod found in the
	northwesterly right of way line of the B.S.L. & W. Railroad Right of
	Way, for the northeast corner of said 118.8737 acre tract and the
	herein described parcel;
	THENCE, South 40°05'56" West, 490.10 feet along the northwesterly
	right of way of said B.S.L. & W. Railroad, and an easterly line of
	said 118.8737 acre tract to a 5/8-inch iron rod found for an angle
	point;
	THENCE, North 49°54'04" West, 50.00 feet along the northwesterly
	right of way of said B.S.L. & W. Railroad, and an easterly line of
	said 118.8737 acre tract to a 5/8-inch iron rod found for an angle
	point;
	THENCE, South 40°05'57" West, 680.00 feet along the northwesterly
	right of way of said B.S.L. & W. Railroad, and an easterly line of
	said 118.8737 acre tract to a 3/4-inch iron pipe found for the
	northeast corner of said 45.1184 acre tract, for the southeast
	corner of said 118.8737 acre tract and the herein described parcel;
	THENCE, South 87°39'43" West, 2981.27 feet along the north line of
	said 45.1184 acre tract, and the south line of said 118.8737 acre
	tract to a 5/8-inch iron rod found in the southeasterly right of way
	line of said West Lake Houston Parkway, for the northwest corner of
	said 45.1184 acre tract, and the southwest corner of said 118.8737
	acre tract and the herein described parcel, beginning a non-tangent
	curve to the right;
	THENCE, along the southeasterly right of way line of said West Lake
	Houston Parkway, and the westerly line of said 118.8737 acre tract,
	along the arc of said curve to the right with a radius of 2040.00
	feet, an arc length of 172.19 feet, through a delta of 04°50'10", and
	a chord bearing North 51°34'21" East, 172.14 feet to a 5/8-nch iron
	rod found;
	THENCE, North 53°59'26" East, 1320.40 feet along the southeasterly
	right of way line of said West Lake Houston Parkway, and the west
	line of said 118.8737 acre tract to the POINT OF BEGINNING,
	CONTAINING 53.04 acres (2,310,369 square feet) of land in Harris
	County, Texas.
	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.  This Act takes effect September 1, 2007.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 3982 was passed by the House on May
	11, 2007, by the following vote:  Yeas 144, Nays 0, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 3982 was passed by the Senate on May
	23, 2007, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor