Texas 2009 - 81st Regular

Texas House Bill HB2124 Compare Versions

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1	1	81R21624 PMO-F
2	2	By: Olivo H.B. No. 2124
3	3	Substitute the following for H.B. No. 2124:
4	4	By: Smithee C.S.H.B. No. 2124
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Fort Bend County Water Control and
10	10	Improvement District No. 10; providing authority to impose a tax
11	11	and issue bonds; granting a limited power of eminent domain.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle I, Title 6, Special District Local Laws
14	14	Code, is amended by adding Chapter 9034 to read as follows:
15	15	CHAPTER 9034. FORT BEND COUNTY WATER CONTROL AND IMPROVEMENT
16	16	DISTRICT NO. 10
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. 9034.001. DEFINITIONS. In this chapter:
19	19	(1) "Board" means the district's board of directors.
20	20	(2) "Director" means a board member.
21	21	(3) "District" means the Fort Bend County Water
22	22	Control and Improvement District No. 10.
23	23	Sec. 9034.002. NATURE OF DISTRICT. The district is a water
24	24	control and improvement district created under Section 59, Article
25	25	XVI, Texas Constitution.
26	26	Sec. 9034.003. CONFIRMATION AND DIRECTORS' ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 9034.004. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section 9034.003
32	32	until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 9034.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
37	37	The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a water control and improvement district as
40	40	provided by general law and Section 59, Article XVI, Texas
41	41	Constitution; and
42	42	(2) Section 52, Article III, Texas Constitution, that
43	43	relate to the construction, acquisition, improvement, operation,
44	44	or maintenance of macadamized, graveled, or paved roads, or
45	45	improvements, including storm drainage, in aid of those roads.
46	46	Sec. 9034.006. INITIAL DISTRICT TERRITORY. (a) The
47	47	district is initially composed of the territory described by
48	48	Section 2 of the Act creating this chapter.
49	49	(b) The boundaries and field notes contained in Section 2 of
50	50	the Act creating this chapter form a closure. A mistake made in the
51	51	field notes or in copying the field notes in the legislative process
52	52	does not affect the district's:
53	53	(1) organization, existence, or validity;
54	54	(2) right to issue any type of bond for the purposes
55	55	for which the district is created or to pay the principal of and
56	56	interest on a bond;
57	57	(3) right to impose a tax; or
58	58	(4) legality or operation.
59	59	[Sections 9034.007-9034.050 reserved for expansion]
60	60	SUBCHAPTER B. BOARD OF DIRECTORS
61	61	Sec. 9034.051. GOVERNING BODY; TERMS. (a) The district is
62	62	governed by a board of five elected directors.
63	63	(b) Except as provided by Section 9034.052, directors serve
64	64	staggered four-year terms.
65	65	Sec. 9034.052. TEMPORARY DIRECTORS. (a) The temporary
66	66	board consists of:
67	67	(1) Jay Henry;
68	68	(2) Mark Schindler;
69	69	(3) David Vercellino;
70	70	(4) Chris Sitka; and
71	71	(5) Chrystal Seymour.
72	72	(b) Temporary directors serve until the earlier of:
73	73	(1) the date permanent directors are elected under
74	74	Section 9034.003; or
75	75	(2) the fourth anniversary of the effective date of
76	76	the Act creating this chapter.
77	77	(c) If permanent directors have not been elected under
78	78	Section 9034.003 and the terms of the temporary directors have
79	79	expired, successor temporary directors shall be appointed or
80	80	reappointed as provided by Subsection (d) to serve terms that
81	81	expire on the earlier of:
82	82	(1) the date permanent directors are elected under
83	83	Section 9034.003; or
84	84	(2) the fourth anniversary of the date of the
85	85	appointment or reappointment.
86	86	(d) If Subsection (c) applies, the owner or owners of a
87	87	majority of the assessed value of the real property in the district
88	88	may submit a petition to the Texas Commission on Environmental
89	89	Quality requesting that the commission appoint as successor
90	90	temporary directors the five persons named in the petition. The
91	91	commission shall appoint as successor temporary directors the five
92	92	persons named in the petition.
93	93	[Sections 9034.053-9034.100 reserved for expansion]
94	94	SUBCHAPTER C. POWERS AND DUTIES
95	95	Sec. 9034.101. GENERAL POWERS AND DUTIES. The district has
96	96	the powers and duties necessary to accomplish the purposes for
97	97	which the district is created.
98	98	Sec. 9034.102. WATER CONTROL AND IMPROVEMENT DISTRICT
99	99	POWERS AND DUTIES. The district has the powers and duties provided
100	100	by the general law of this state, including Chapters 49 and 51,
101	101	Water Code, applicable to water control and improvement districts
102	102	created under Section 59, Article XVI, Texas Constitution.
103	103	Sec. 9034.103. AUTHORITY FOR ROAD PROJECTS. Under Section
104	104	52, Article III, Texas Constitution, the district may design,
105	105	acquire, construct, finance, issue bonds for, improve, operate,
106	106	maintain, and convey to this state, a county, or a municipality for
107	107	operation and maintenance macadamized, graveled, or paved roads, or
108	108	improvements, including storm drainage, in aid of those roads.
109	109	Sec. 9034.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
110	110	project must meet all applicable construction standards, zoning and
111	111	subdivision requirements, and regulations of each municipality in
112	112	whose corporate limits or extraterritorial jurisdiction the road
113	113	project is located.
114	114	(b) If a road project is not located in the corporate limits
115	115	or extraterritorial jurisdiction of a municipality, the road
116	116	project must meet all applicable construction standards,
117	117	subdivision requirements, and regulations of each county in which
118	118	the road project is located.
119	119	(c) If the state will maintain and operate the road, the
120	120	Texas Transportation Commission must approve the plans and
121	121	specifications of the road project.
122	122	Sec. 9034.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
123	123	OR RESOLUTION. The district shall comply with all applicable
124	124	requirements of any ordinance or resolution that is adopted under
125	125	Section 42.042, Local Government Code, and that consents to the
126	126	creation of the district or to the inclusion of land in the
127	127	district.
128	128	Sec. 9034.106. LIMITATION ON USE OF EMINENT DOMAIN. The
129	129	district may not exercise the power of eminent domain outside the
130	130	district to acquire a site or easement for:
131	131	(1) a road project authorized by Section 9034.103; or
132	132	(2) a recreational facility as defined by Section
133	133	49.462, Water Code.
134	134	Sec. 9034.107. FIRE DEPARTMENTS. (a) The district may
135	135	contract with the City of Richmond to perform firefighting services
136	136	in the district on the same terms that the municipality provides
137	137	firefighting services in the extraterritorial jurisdiction of the
138	138	municipality. The district, with voter approval, may issue bonds
139	139	payable from ad valorem taxes to pay for capital costs required
140	140	under the contract, including:
141	141	(1) the construction and purchase of facilities, land,
142	142	and equipment; and
143	143	(2) the provision of adequate water supply.
144	144	(b) Notwithstanding Sections 49.351(g), (h), and (i), Water
145	145	Code, if the district contracts with the City of Richmond to provide
146	146	firefighting services in the district, the district is not required
147	147	to submit a fire plan to the Texas Commission on Environmental
148	148	Quality for approval.
149	149	[Sections 9034.108-9034.150 reserved for expansion]
150	150	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
151	151	Sec. 9034.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
152	152	district may issue, without an election, bonds and other
153	153	obligations secured by:
154	154	(1) revenue other than ad valorem taxes; or
155	155	(2) contract payments described by Section 9034.153.
156	156	(b) The district must hold an election in the manner
157	157	provided by Chapters 49 and 51, Water Code, to obtain voter approval
158	158	before the district may impose an ad valorem tax or issue bonds
159	159	payable from ad valorem taxes.
160	160	(c) The district may not issue bonds payable from ad valorem
161	161	taxes to finance a road project unless the issuance is approved by a
162	162	vote of a two-thirds majority of the district voters voting at an
163	163	election held for that purpose.
164	164	Sec. 9034.152. OPERATION AND MAINTENANCE TAX. (a) If
165	165	authorized at an election held under Section 9034.151, the district
166	166	may impose an operation and maintenance tax on taxable property in
167	167	the district in accordance with Section 49.107, Water Code.
168	168	(b) The board shall determine the tax rate. The rate may not
169	169	exceed the rate approved at the election.
170	170	Sec. 9034.153. CONTRACT TAXES. (a) In accordance with
171	171	Section 49.108, Water Code, the district may impose a tax other than
172	172	an operation and maintenance tax and use the revenue derived from
173	173	the tax to make payments under a contract after the provisions of
174	174	the contract have been approved by a majority of the district voters
175	175	voting at an election held for that purpose.
176	176	(b) A contract approved by the district voters may contain a
177	177	provision stating that the contract may be modified or amended by
178	178	the board without further voter approval.
179	179	[Sections 9034.154-9034.200 reserved for expansion]
180	180	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
181	181	Sec. 9034.201. AUTHORITY TO ISSUE BONDS AND OTHER
182	182	OBLIGATIONS. The district may issue bonds or other obligations
183	183	payable wholly or partly from ad valorem taxes, impact fees,
184	184	revenue, contract payments, grants, or other district money, or any
185	185	combination of those sources, to pay for any authorized district
186	186	purpose.
187	187	Sec. 9034.202. TAXES FOR BONDS. At the time the district
188	188	issues bonds payable wholly or partly from ad valorem taxes, the
189	189	board shall provide for the annual imposition of a continuing
190	190	direct ad valorem tax, without limit as to rate or amount, while all
191	191	or part of the bonds are outstanding as required and in the manner
192	192	provided by Section 51.433, Water Code.
193	193	Sec. 9034.203. BONDS FOR ROAD PROJECTS. At the time of
194	194	issuance, the total principal amount of bonds or other obligations
195	195	issued or incurred to finance road projects and payable from ad
196	196	valorem taxes may not exceed one-fourth of the assessed value of the
197	197	real property in the district.
198	198	SECTION 2. The Fort Bend County Water Control and
199	199	Improvement District No. 10 initially includes all the territory
200	200	contained in the following area:
201	201	TRACT 1
202	202	BEING a 150.22 acre tract of land situated in the Knight &
203	203	White League, Abstract Number 46, Fort Bend County, Texas and being
204	204	all of the following tracts of land; a called 42.00 acre tract of
205	205	land described in an instrument filed for record under Fort Bend
206	206	County Clerk's File Number (F.B.C.C.F. No.) 2007072919, a called
207	207	4.248 acre tract of land described in an instrument filed for record
208	208	under F.B.C.C.F. No. 2007151784, a called 103.97 acre tract
209	209	described and recorded under F.B.C.C.F. No. 2007151785, said 150.22
210	210	acre tract of land being more particularly described by metes and
211	211	bounds as follows:
212	212	Bearing orientation is based on the Texas State Plane
213	213	Coordinate System, South Central Zone, NAD83.
214	214	BEGINNING at a 1-inch iron pipe (disturbed) found for the
215	215	northeast corner of said 42.00 acre tract and being in the south
216	216	right-of-way line of Farm-to-Market Road 359 (100-foot width), same
217	217	also being the northwest corner of Landscape Reserve "B" of Grand
218	218	River, a subdivision plat filed for record under Slide Number 1650A
219	219	of the Fort Bend County Plat Records;
220	220	THENCE S 0238'36" E, along the east line of said 42.00 acre
221	221	tract, the west line of said Landscape Reserve "B" and a west line
222	222	of Block 5 of said Grand River, at a distance of 520.70 feet pass a
223	223	5/8-inch iron rod found for the southwest corner of said Landscape
224	224	Reserve "B" and the northwest corner of Lot 1, Block 5 of said Grand
225	225	River, at a distance of 1,127.70 feet pass a 5/8-inch iron rod found
226	226	for the southwest corner of said Lot 1, Block 5 and the northwest
227	227	corner of Lot 2, Block 5 of said Grand River and continuing for a
228	228	total distance of 1,520.14 feet to a 1-inch iron pipe with a cap and
229	229	tack found for the southeast corner of said 42.00 acre tract, same
230	230	being the northeast corner of Lot 10, Block 5 of said Grand River;
231	231	THENCE S 8750'53" W, along the south line of said 42.00 acre
232	232	tract and a north line of said Block 5 of said Grand River, at a
233	233	distance of 153.02 feet pass a 5/8-inch iron rod found for the
234	234	northwest corner of said Lot 10, Block 5 and the northeast corner of
235	235	Lot 11, Block 5 of said Grand River, at a distance of 722.00 feet
236	236	pass a 5/8-inch iron rod found for the northwest corner of said Lot
237	237	11, Block and the northeast corner of Lot 23, Block 5 of said Grand
238	238	River and continuing for a total distance of 1,288.35 feet to a
239	239	1-inch iron pipe with a cap and tack found for the southwest corner
240	240	said called 42.00 acre tract, same being the southeast corner of Lot
241	241	24, Block 5 and the northwest corner of Lot 23, Block 5 of said
242	242	Grand River, same also being in the east right-of-way line of
243	243	Winner's Circle (width varies) as shown on the plat of said Grand
244	244	River;
245	245	THENCE N 0233'25" W, a distance of 1,011.30 feet along a west
246	246	line of said 42.00 and the east line of Lot 24, Block 5 of said
247	247	Grand River to a 1-inch iron pipe with a cap and tack found for a
248	248	northwest corner of said 42.00 acre tract, the northeast corner of
249	249	said Lot 24, Block 5, same also being in the south line of said 4.248
250	250	acre tract of land;
251	251	THENCE S 8918'56" W, a distance of 397.63 feet along the
252	252	south line of said 4.248 acre tract and a north line of said 42.00
253	253	acre tract and the north line of said Lot 24, Block 5 to a 1 1/4-inch
254	254	iron pipe found for the northwest corner of said Lot 24, Block 5;
255	255	THENCE S 0233'25" E, along the east line of said 103.97 acre
256	256	tract and a west line of Block 5 of said Grand River, at a distance
257	257	of 861.00 feet pass through a 5/8-inch iron rod found for the
258	258	southwest corner of said Lot 24, Block 5 and the northwest corner of
259	259	Lot 25, Block 5 of said Grand River, at a distance of 1,285.05 feet
260	260	pass through a 5/8-inch iron rod found for the southwest corner of
261	261	said Lot 25 and the northwest corner of Lot 26, Block 5 of said Grand
262	262	River and continuing for a total distance of 1,596.28 feet to a
263	263	1-inch iron pipe found for the southeast corner of said 103.97 acre
264	264	tract, same being the southwest corner of said Lot 26, same also
265	265	being in the north line of Lot 27, Block 5 of said Grand River;
266	266	THENCE S 8910'00" W, along the south line of said 103.97 acre
267	267	tract and a north line of said Block 5, at a distance of 839.79 feet
268	268	pass through a 5/8-inch iron rod found for the northwest corner of
269	269	Lot 32, Block 5 and the northeast corner of Lot 33, Block 5 of said
270	270	Grand River, at a distance of 1,099.79 feet pass through a 5/8-inch
271	271	iron rod found for the northwest corner of said Lot 33 and the
272	272	northeast corner of Lot 34, Block 5 of said Grand River, at a
273	273	distance of 2,014.78 feet pass a 5/8-inch iron rod found for the
274	274	northwest corner of said Lot 34, same being in the east right-of-way
275	275	line of McCrary Road (width varies), same also being the northeast
276	276	corner of a 35-foot wide roadway dedication as shown on the plat of
277	277	said Grand River and continuing for a total distance of 2,049.79
278	278	feet to a 5/8-inch iron rod with a cap stamped "Brown & Gay" found
279	279	for the southwest corner of said called 103.97 acre tract, same
280	280	being in the east line of McCrary Road (as occupied, width varies);
281	281	THENCE N 0208'00" W, a distance of 2,134.43 feet along the
282	282	west line of said 103.97 acre tract and the east line of said
283	283	McCrary Road (as occupied, width varies) to a 5/8-inch iron rod with
284	284	a cap stamped "Brown & Gay" found for the northwest corner of said
285	285	called 103.97 acre tract, same being the intersection of the east
286	286	right-of-way line of said McCrary Road with the south right-of-way
287	287	line of Farm-to-Market Road 359 (100-foot width) as described in
288	288	the following instruments of record: Volume 127, Page 521, Volume
289	289	130, Page 20 and Volume 130, Page 178, all of the Fort Bend County
290	290	Deed Records;
291	291	THENCE N 8913'09" E, a distance of 2,703.55 feet along the
292	292	north line of said 103.97 acre tract and said 4.248 acre tract,
293	293	being the south right-of-way line of said Farm-to-Market Road 359
294	294	to a 3/4-inch iron pipe found for the northeast corner of said 4.248
295	295	acre tract and the northwest corner of said 42.00 acre tract;
296	296	THENCE N 8905'34" E, a distance of 1,014.69 feet continuing
297	297	along said south right-of-way line and the north line of said 42.00
298	298	acre tract to the POINT OF BEGINNING and containing 150.22 acres of
299	299	land.
300	300	TRACT 2
301	301	BEING a 1.628 acre tract of land situated in the Randall Jones
302	302	Survey, Abstract Number 42, Fort Bend County, Texas and being all of
303	303	a called 1.4364 acre tract of land described in an instrument filed
304	304	for record under Fort Bend County Clerk's File Number (F.B.C.C.F.
305	305	No.) 2008028142 and a called 0.1928 acre tract described and
306	306	recorded under F.B.C.C.F. No. 2008028143, said 1.628 acre tract of
307	307	land being more particularly described by metes and bounds as
308	308	follows:
309	309	Bearing orientation is based on the Texas State Plane
310	310	Coordinate System, South Central Zone, NAD83.
311	311	BEGINNING at the northeast corner of said 1.4364 acre tract
312	312	and the northwest corner of a called 1.71 acre tract described and
313	313	recorded under F.B.C.C.F. No. 2003174431 and being in the south
314	314	right-of-way line of Farm-to-Market Road 359 (100-foot width),
315	315	THENCE S 0249'28" E, a distance of 148.50 feet along the east
316	316	line of said 1.4364 acre tract and the west line of said 1.71 acre
317	317	tract to the southeast corner of the herein described tract and
318	318	being in the north line of Lot 4, Block 1 of Grand River, a
319	319	subdivision of record as shown on the plat filed for record under
320	320	Slide Number 1650A of the Fort Bend County Plat Records
321	321	THENCE S 8731'27" W, a distance of 458.09 feet along the
322	322	south line of said 1.4364 acre tract and a north line of Block 1 of
323	323	said Grand River to the southwest corner of the herein described
324	324	tract;
325	325	THENCE N 0228'11" W, a distance of 161.51 feet along the west
326	326	line of said 0.1928 acre tract and the east line of Reserve "A" of
327	327	said Grand River to the northwest corner of the herein described
328	328	tract and being in the south right-of-way line of said
329	329	Farm-to-Market Road 359;
330	330	THENCE N 8909'17" E, a distance of 457.36 feet along said
331	331	south right-of-way line to the POINT OF BEGINNING and containing
332	332	1.628 acres of land.
333	333	TRACT 3
334	334	BEING a 2.813 acre tract of land situated in the Randall Jones
335	335	Survey, Abstract Number 42, Fort Bend County, Texas and being all of
336	336	a called 2.6207 acre tract of land described in an instrument filed
337	337	for record under Fort Bend County Clerk's File Number (F.B.C.C.F.
338	338	No.) 2008028142 and a called 0.1937 acre tract described and
339	339	recorded under F.B.C.C.F. No. 2008028143, said 2.813 acre tract of
340	340	land being more particularly described by metes and bounds as
341	341	follows:
342	342	Bearing orientation is based on the Texas State Plane
343	343	Coordinate System, South Central Zone, NAD83.
344	344	BEGINNING at the southeast corner of said 2.6207 acre tract
345	345	and the southwest corner of a called 1.977 acre tract described and
346	346	recorded under F.B.C.C.F. No. 8521110 and being in the north
347	347	right-of-way line of Farm-to-Market Road 359 (100-foot width),
348	348	THENCE S 8909'17" W, a distance of 268.02 feet along the
349	349	north right-of-way line of said Farm-to-Market Road 359 to the
350	350	southwest corner of the herein described tract and the southeast
351	351	corner of a called East 1/2 of 5.57 acre tract described and
352	352	recorded under F.B.C.C.F. No. 2001013676;
353	353	THENCE N 0206'33" W, a distance of 430.59 feet along the west
354	354	line of said 0.1937 acre tract and the east line of said 5.57 acre
355	355	tract to the most westerly northwest corner of the herein described
356	356	tract;
357	357	THENCE S 5407'18" E, a distance of 21.80 feet to an angle
358	358	point being in the west line of said 2.6207 acre tract;
359	359	THENCE N 0249'28" W, a distance of 125.51 feet along the west
360	360	line of said 2.6207 acre tract
361	361	to the most northern northwest corner of the herein described
362	362	tract and being in the centerline of Jones Creek;
363	363	THENCE along the centerline meanders of said Jones Creek the
364	364	following three (3) courses:
365	365	S 5652'58" E, 85.68 feet to an angle point;
366	366	S 6255'35" E, 103.32 feet to an angle point;
367	367	S 5906'36" E, 101.79 feet to the northeast corner of said
368	368	2.6207 acre tract and the northwest corner of said 1.977 acre tract;
369	369	THENCE S 0305'43" E, a distance of 393.40 feet along the line
370	370	common to said 2.6207 acre tract and said 1.977 acre tract to the
371	371	POINT OF BEGINNING and containing 2.813 acres of land.
372	372	SECTION 3. (a) The legal notice of the intention to
373	373	introduce this Act, setting forth the general substance of this
374	374	Act, has been published as provided by law, and the notice and a
375	375	copy of this Act have been furnished to all persons, agencies,
376	376	officials, or entities to which they are required to be furnished
377	377	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
378	378	Government Code.
379	379	(b) The governor, one of the required recipients, has
380	380	submitted the notice and Act to the Texas Commission on
381	381	Environmental Quality.
382	382	(c) The Texas Commission on Environmental Quality has filed
383	383	its recommendations relating to this Act with the governor, the
384	384	lieutenant governor, and the speaker of the house of
385	385	representatives within the required time.
386	386	(d) All requirements of the constitution and laws of this
387	387	state and the rules and procedures of the legislature with respect
388	388	to the notice, introduction, and passage of this Act are fulfilled
389	389	and accomplished.
390	390	SECTION 4. This Act takes effect immediately if it receives
391	391	a vote of two-thirds of all the members elected to each house, as
392	392	provided by Section 39, Article III, Texas Constitution. If this
393	393	Act does not receive the vote necessary for immediate effect, this
394	394	Act takes effect September 1, 2009.