Texas 2009 - 81st Regular

Texas Senate Bill SB1115 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R9089 SLB-F
2	2	By: Hegar S.B. No. 1115
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Fort Bend County Municipal Utility
8	8	District No. 203; providing authority to impose a tax and issue
9	9	bonds; granting a limited power of eminent domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8340 to read as follows:
13	13	CHAPTER 8340. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 203
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8340.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Director" means a board member.
18	18	(3) "District" means the Fort Bend County Municipal
19	19	Utility District No. 203.
20	20	Sec. 8340.002. NATURE OF DISTRICT. The district is a
21	21	municipal utility district created under Section 59, Article XVI,
22	22	Texas Constitution.
23	23	Sec. 8340.003. CONFIRMATION AND DIRECTORS' ELECTION
24	24	REQUIRED. The temporary directors shall hold an election to
25	25	confirm the creation of the district and to elect five permanent
26	26	directors as provided by Section 49.102, Water Code.
27	27	Sec. 8340.004. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
28	28	The district is created to serve a public purpose and benefit.
29	29	(b) The district is created to accomplish the purposes of:
30	30	(1) a municipal utility district as provided by
31	31	general law and Section 59, Article XVI, Texas Constitution; and
32	32	(2) Section 52, Article III, Texas Constitution, that
33	33	relate to the construction, acquisition, or improvement of
34	34	macadamized, graveled, or paved roads described by Section 54.234,
35	35	Water Code, or improvements, including storm drainage, in aid of
36	36	those roads.
37	37	Sec. 8340.005. INITIAL DISTRICT TERRITORY. (a) The
38	38	district is initially composed of the territory described by
39	39	Section 2 of the Act creating this chapter.
40	40	(b) The boundaries and field notes contained in Section 2 of
41	41	the Act creating this chapter form a closure. A mistake made in the
42	42	field notes or in copying the field notes in the legislative process
43	43	does not affect the district's:
44	44	(1) organization, existence, or validity;
45	45	(2) right to issue any type of bond for the purposes
46	46	for which the district is created or to pay the principal of and
47	47	interest on a bond;
48	48	(3) right to impose a tax; or
49	49	(4) legality or operation.
50	50	[Sections 8340.006-8340.050 reserved for expansion]
51	51	SUBCHAPTER B. BOARD OF DIRECTORS
52	52	Sec. 8340.051. GOVERNING BODY; TERMS. (a) The district is
53	53	governed by a board of five elected directors.
54	54	(b) Except as provided by Section 8340.052, directors serve
55	55	staggered four-year terms.
56	56	Sec. 8340.052. TEMPORARY DIRECTORS. (a) On or after the
57	57	effective date of the Act creating this chapter, the owner or owners
58	58	of a majority of the assessed value of the real property in the
59	59	district may submit a petition to the Texas Commission on
60	60	Environmental Quality requesting that the commission appoint as
61	61	temporary directors the five persons named in the petition. The
62	62	commission shall appoint as temporary directors the five persons
63	63	named in the petition.
64	64	(b) Temporary directors serve until the earlier of:
65	65	(1) the date permanent directors are elected under
66	66	Section 8340.003; or
67	67	(2) the fourth anniversary of the effective date of
68	68	the Act creating this chapter.
69	69	(c) If permanent directors have not been elected under
70	70	Section 8340.003 and the terms of the temporary directors have
71	71	expired, successor temporary directors shall be appointed or
72	72	reappointed as provided by Subsection (d) to serve terms that
73	73	expire on the earlier of:
74	74	(1) the date permanent directors are elected under
75	75	Section 8340.003; or
76	76	(2) the fourth anniversary of the date of the
77	77	appointment or reappointment.
78	78	(d) If Subsection (c) applies, the owner or owners of a
79	79	majority of the assessed value of the real property in the district
80	80	may submit a petition to the commission requesting that the
81	81	commission appoint as successor temporary directors the five
82	82	persons named in the petition. The commission shall appoint as
83	83	successor temporary directors the five persons named in the
84	84	petition.
85	85	[Sections 8340.053-8340.100 reserved for expansion]
86	86	SUBCHAPTER C. POWERS AND DUTIES
87	87	Sec. 8340.101. GENERAL POWERS AND DUTIES. The district has
88	88	the powers and duties necessary to accomplish the purposes for
89	89	which the district is created.
90	90	Sec. 8340.102. MUNICIPAL UTILITY DISTRICT POWERS AND
91	91	DUTIES. The district has the powers and duties provided by the
92	92	general law of this state, including Chapters 49 and 54, Water Code,
93	93	applicable to municipal utility districts created under Section 59,
94	94	Article XVI, Texas Constitution.
95	95	Sec. 8340.103. AUTHORITY FOR ROAD PROJECTS. (a) Under
96	96	Section 52, Article III, Texas Constitution, the district may
97	97	design, acquire, construct, finance, issue bonds for, improve, and
98	98	convey to this state, a county, or a municipality for operation and
99	99	maintenance macadamized, graveled, or paved roads described by
100	100	Section 54.234, Water Code, or improvements, including storm
101	101	drainage, in aid of those roads.
102	102	(b) The district may exercise the powers provided by this
103	103	section without submitting a petition to or obtaining approval from
104	104	the Texas Commission on Environmental Quality as required by
105	105	Section 54.234, Water Code.
106	106	Sec. 8340.104. APPROVAL OF ROAD PROJECT. (a) The district
107	107	may not undertake a road project authorized by Section 8340.103
108	108	unless:
109	109	(1) each municipality or county that will operate and
110	110	maintain the road has approved the plans and specifications of the
111	111	road project, if a municipality or county will operate and maintain
112	112	the road; or
113	113	(2) the Texas Transportation Commission has approved
114	114	the plans and specifications of the road project, if the state will
115	115	operate and maintain the road.
116	116	(b) Except as provided by Subsection (a), the district is
117	117	not required to obtain approval from the Texas Transportation
118	118	Commission to design, acquire, construct, finance, issue bonds for,
119	119	improve, or convey a road project.
120	120	Sec. 8340.105. LIMITATION ON USE OF EMINENT DOMAIN. The
121	121	district may not exercise the power of eminent domain outside the
122	122	district to acquire a site or easement for:
123	123	(1) a road project authorized by Section 8340.103; or
124	124	(2) a recreational facility as defined by Section
125	125	49.462, Water Code.
126	126	[Sections 8340.106-8340.150 reserved for expansion]
127	127	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
128	128	Sec. 8340.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
129	129	district may issue, without an election, bonds and other
130	130	obligations secured by:
131	131	(1) revenue other than ad valorem taxes; or
132	132	(2) contract payments described by Section 8340.153.
133	133	(b) The district must hold an election in the manner
134	134	provided by Chapters 49 and 54, Water Code, to obtain voter approval
135	135	before the district may impose an ad valorem tax or issue bonds
136	136	payable from ad valorem taxes.
137	137	(c) The district may not issue bonds payable from ad valorem
138	138	taxes to finance a road project unless the issuance is approved by a
139	139	vote of a two-thirds majority of the district voters voting at an
140	140	election held for that purpose.
141	141	Sec. 8340.152. OPERATION AND MAINTENANCE TAX. (a) If
142	142	authorized at an election held under Section 8340.151, the district
143	143	may impose an operation and maintenance tax on taxable property in
144	144	the district in accordance with Section 49.107, Water Code.
145	145	(b) The board shall determine the tax rate. The rate may not
146	146	exceed the rate approved at the election.
147	147	Sec. 8340.153. CONTRACT TAXES. (a) In accordance with
148	148	Section 49.108, Water Code, the district may impose a tax other than
149	149	an operation and maintenance tax and use the revenue derived from
150	150	the tax to make payments under a contract after the provisions of
151	151	the contract have been approved by a majority of the district voters
152	152	voting at an election held for that purpose.
153	153	(b) A contract approved by the district voters may contain a
154	154	provision stating that the contract may be modified or amended by
155	155	the board without further voter approval.
156	156	[Sections 8340.154-8340.200 reserved for expansion]
157	157	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
158	158	Sec. 8340.201. AUTHORITY TO ISSUE BONDS AND OTHER
159	159	OBLIGATIONS. The district may issue bonds or other obligations
160	160	payable wholly or partly from ad valorem taxes, impact fees,
161	161	revenue, contract payments, grants, or other district money, or any
162	162	combination of those sources, to pay for any authorized district
163	163	purpose.
164	164	Sec. 8340.202. TAXES FOR BONDS. At the time the district
165	165	issues bonds payable wholly or partly from ad valorem taxes, the
166	166	board shall provide for the annual imposition of a continuing
167	167	direct ad valorem tax, without limit as to rate or amount, while all
168	168	or part of the bonds are outstanding as required and in the manner
169	169	provided by Sections 54.601 and 54.602, Water Code.
170	170	Sec. 8340.203. BONDS FOR ROAD PROJECTS. At the time of
171	171	issuance, the total principal amount of bonds or other obligations
172	172	issued or incurred to finance road projects and payable from ad
173	173	valorem taxes may not exceed one-fourth of the assessed value of the
174	174	real property in the district.
175	175	SECTION 2. The Fort Bend County Municipal Utility District
176	176	No. 203 initially includes all the territory contained in the
177	177	following area:
178	178	Being 197.738 acres of land located in the Thomas Westall
179	179	League, Abstract 92, and the Noel F. Roberts League, Abstract 79,
180	180	Fort Bend County, Texas, more particularly being a portion of that
181	181	certain called 69.1455 acre tract conveyed to FM 1489 Farms, Inc.,
182	182	by instrument of record in File No. 2008055874, Official Public
183	183	Records, of Fort Bend County (F.B.C.O.P.R.), being a portion of
184	184	that certain called 200.15 acre tract conveyed to Hady Creek Ranch,
185	185	Inc., by instrument of record in File No. 2006084768, F.B.C.O.P.R.,
186	186	being a portion of that certain called 45.7951 acre tract conveyed
187	187	to Mullins Ranch, Inc., by instrument of record in File No.
188	188	2006143619, F.B.C.O.P.R., being all of that certain called 43.348
189	189	acre tract conveyed to Mullins Ranch, Inc., by instrument of record
190	190	in File No. 2006109294, F.B.C.O.P.R., all of that certain called
191	191	10.0 acre tract conveyed to Mullins Ranch, Inc., by instrument of
192	192	record in File No. 2006062118, F.B.C.O.P.R., and being all of that
193	193	certain called 24.995 acre tract (described as Tract One, Two and
194	194	Three) conveyed to Mullins Ranch, Inc. by instrument of record in
195	195	File No. 2007099337, F.B.C.O.P.R., said 197.738 acres being more
196	196	particularly described in six (6) parts by metes and bounds as
197	197	follows (all bearings are assumed);
198	198	PART ONE
199	199	BEGINNING at the northwest corner of said 69.1455 acre tract,
200	200	same being the northeast corner of that certain called 79.309 acre
201	201	tract conveyed to Debra Sabrsula, et vir, by instrument of record in
202	202	File No. 2000103016, F.B.C.O.P.R., and within the right-of-way of
203	203	Stanberry Road;
204	204	Thence, with the north line of said 69.1455 acre tract,
205	205	North 87 59' 20" East (called South 89 57' 42" East), 912.00 feet to
206	206	the northeast corner of said 69.1455 acre tract;
207	207	Thence, with the east line of said 69.1455 acre tract,
208	208	South 46 16' 58" East, 476.50 feet to a point for corner;
209	209	Thence, South 43 50' 03" West, at 14.19 feet pass the
210	210	north corner of that certain called 3 acre tract conveyed to Janie
211	211	Dreyer, et al, by instrument of record in File No. 2004009841,
212	212	F.B.C.O.P.R., and with the northerly line said 3 acre tract in all a
213	213	total length of 196.58 feet to a point for corner, the west corner
214	214	of said 3 acre tract;
215	215	Thence, with the westerly line of said 3 acre tract,
216	216	South 40 26' 08" East, 642.23 feet to a point for corner, the south
217	217	corner of said 3 acre tract;
218	218	Thence, with the southerly line of said 3 acre tract,
219	219	North 39 17' 20" East, at 219.68 feet pass the east corner of said 3
220	220	acre tract in all a total length of 256.45 feet to a point for corner
221	221	on the east line of said 69.1455 acre tract;
222	222	Thence, with the east line of said 69.1455 acre tract,
223	223	South 52 26' 26" East, 362.53 feet to a point for corner;
224	224	Thence, continuing with said east line, South 50 04'
225	225	00" East, 88.47 feet to a point for corner;
226	226	Thence, leaving said east line, South 82 09' 00" West,
227	227	2018.61 feet to a point for corner on the west line of said 69.1455
228	228	acre tract;
229	229	Thence, with said west line, North 02 25' 03" West
230	230	(called North 00 22' 07" West), 1284.07 feet to the POINT OF
231	231	BEGINNING and containing 37.110 acres of land.
232	232	PART TWO
233	233	BEGINNING at the northwest corner of said 200.15 acre
234	234	tract, same being the southwest corner of that certain called
235	235	59.752 acre tract conveyed to Jim Berger, et ux, by instrument of
236	236	record in File No. 9730382, F.B.C.O.P.R., and on the east
237	237	right-of-way line of F.M. 1489 (called 100 feet wide);
238	238	Thence, with the north line of said 200.15 acre tract,
239	239	North 88 05' 32" East (called North 87 57' 56" East), 2178.93 feet
240	240	to the northeast corner of said 200.15 acre tract, same being on the
241	241	common line of the aforementioned Thomas Westall League and the
242	242	Noel F. Roberts League;
243	243	Thence, with the east line of said 200.15 acre tract and
244	244	with said common survey line, South 02 10' 14" East, 1675.55 feet to
245	245	a point for corner;
246	246	Thence, leaving said east line and said common survey
247	247	line, North 58 01' 26" West, 532.10 feet to a point for corner;
248	248	Thence, North 67 52' 22" West, 486.38 feet to a point
249	249	for corner;
250	250	Thence, North 77 58' 23" West, 486.25 feet to a point
251	251	for corner;
252	252	Thence, North 87 57' 02" West, 584.71 feet to a point
253	253	for corner on the west line of said 200.15 acre tract and on the east
254	254	line of said F.M. 1489;
255	255	Thence, with the common line of said 200.15 acre tract
256	256	and said F.M. 1489, North 05 22' 51" West, 19.79 feet to a point for
257	257	corner, the beginning of a curve;
258	258	Thence, continuing with said common line, 1038.34 feet
259	259	along the arc of a tangent curve to the left, having a radius of
260	260	2915.00 feet, a central angle of 20 24' 33" and a chord which bears
261	261	North 15 35' 07" West, 1032.86 feet to the POINT OF BEGINNING and
262	262	containing 56.634 acres of land.
263	263	PART THREE
264	264	BEGINNING at the most northerly northeast corner of
265	265	said 24.995 acre tract, same being the northwest corner of that
266	266	certain called 14.598 acre tract conveyed to Paul C. Edris, et ux,
267	267	by instrument of record in File No. 2004142696, F.B.C.O.P.R., and
268	268	on the south line of that certain called 304.5 acre tract conveyed
269	269	to Phillip Mason Hunt, et al, by instrument of record in File
270	270	2004029309, F.B.C.O.P.R.
271	271	Thence, with the east line of said 24.995 acre tract,
272	272	South 02 23' 38" East (called South 00 53' 56" East), 1371.83 feet
273	273	to a reentrant corner of said 24.995 acre tract;
274	274	Thence, with a north line of said 24.995 acre tract,
275	275	North 87 32' 14" East, 800.00 feet to the most easterly northeast
276	276	corner of said 24.995 acre tract, same being on the west
277	277	right-of-way line of Hannibal Road (width varies);
278	278	Thence, with the common line of said 24.995 acre tract
279	279	and said Hannibal Road, South 02 24' 32" East, 271.87 feet to the
280	280	southeast corner of said 24.995 acre tract, same being on the north
281	281	right-of-way line of said Hannibal Road;
282	282	Thence, with the common line of said 24.995 acre tract
283	283	and said Hannibal Road, South 87 31' 30" West, 1328.76 feet to the
284	284	southwest corner of said 24.995 acre tract;
285	285	Thence, with the west line of said 24.995 acre tract,
286	286	North 02 23' 38" West (called North 00 53' 56" West), 1651.80 feet
287	287	to the northwest corner of said 24.995 acre tract;
288	288	Thence, with the north line of said 24.995 acre tract,
289	289	North 88 23' 04" East, 528.73 feet to the POINT OF BEGINNING and
290	290	containing 24.994 acres of land.
291	291	PART FOUR
292	292	BEGINNING at the northwest corner of the aforementioned
293	293	10.0 acre tract, same being the most northerly northeast corner of
294	294	that certain called 647.182 acre tract (described as Tract A)
295	295	conveyed to Mullins Ranch, Inc., by instrument of record in File No.
296	296	2006089820, F.B.C.O.P.R., and on the south right-of-way line of
297	297	said Hannibal Road;
298	298	Thence, with the common line of said 10.0 acre tract and
299	299	said Hannibal Road, North 85 23' 38" East (called North 87 59' 40"
300	300	East), 356.17 feet to the northeast corner of said 10.0 acre tract;
301	301	Thence, with the east line of said 10.0 acre tract,
302	302	South 02 13' 20" East, 1230.47 feet to the southeast corner of said
303	303	10.0 acre tract, same being on a north line of said 647.182 acre
304	304	tract;
305	305	Thence, with the common line of said 10.0 and 647.182
306	306	acre tracts, South 87 27' 19" West, 355.87 feet to the southwest
307	307	corner of said 10.0 acre tract;
308	308	Thence, continuing with said common line, North 02 13'
309	309	20" West, 1217.66 feet to the POINT OF BEGINNING and containing
310	310	10.000 acres of land.
311	311	PART FIVE
312	312	BEGINNING at the northeast corner of the aforementioned
313	313	43.348 acre tract, same being the southeast corner of that certain
314	314	called 39.882 acre tract conveyed to Timothy S. Raisbeck, et ux, by
315	315	instrument of record in File 1999073288, F.B.C.O.P.R, and on the
316	316	common line of the aforementioned Noel F. Roberts League and the
317	317	John Randon League, Abstract 76;
318	318	Thence, with the east line of said 43.348 acre tract and said
319	319	common survey line, South 02 46' 24" East (called South 02 13' 49"
320	320	East), 885.66 feet to the southeast corner of said 43.348 acre
321	321	tract;
322	322	Thence, leaving said common survey line and with the
323	323	south line of said 43.348 acre tract, South 87 17' 58" West, 2125.52
324	324	feet to the southwest corner of said 43.348 acre tract;
325	325	Thence, with the west line of said 43.348 acre tract,
326	326	North 03 09' 48" West, 890.50 feet the northwest corner of said
327	327	43.348 acre tract;
328	328	Thence, with the north line of said 43.348 acre tract,
329	329	the following three (3) courses:
330	330	1) North 87 34' 26" East (called North 88 07' 01" East),
331	331	791.55 feet to a point for corner;
332	332	2) North 87 16' 57" East, 642.55 feet to a point for
333	333	corner;
334	334	3) North 87 23' 59" East, 697.49 feet to the POINT OF
335	335	BEGINNING and containing 43.356 acres of land.
336	336	PART SIX
337	337	BEGINNING at the northeast corner of the aforementioned
338	338	45.7951 acre tract which lies within the right-of-way of Pool Hill
339	339	Road, same being the southeast corner of that certain called 10.00
340	340	acre tract conveyed to Lauro Arellano, et ux, by instrument of
341	341	record in File No. 2006154744, F.B.C.O.P.R.;
342	342	Thence, with the east line of said 45.7951 acre tract,
343	343	South 01 58' 27" East (called South 00 37' 34" West), 200.23 feet to
344	344	a point for corner;
345	345	Thence, continuing with said east line, South 86 59'
346	346	39" West, 18.99 feet to a point for corner on the west line of said
347	347	Pool Hill Road;
348	348	Thence, with the common line of said 45.7951 acre tract and
349	349	said Pool Hill Road, South 01 41' 01" East, 143.83 feet to a point
350	350	for corner;
351	351	Thence, leaving said common line, South 80 19' 45"
352	352	West, 476.69 feet to a point for corner;
353	353	Thence, South 72 53' 44" West, 390.99 feet to a point
354	354	for corner;
355	355	Thence, South 63 48' 56" West, 499.55 feet to a point
356	356	for corner;
357	357	Thence, South 53 32' 30" West, 630.44 feet to a point
358	358	for corner on the south line of said 45.7951 acre tract and on a
359	359	north line of the aforementioned 647.182 acre tract;
360	360	Thence, with the common line of said 45.7951 and 647.182
361	361	acre tracts, South 87 11' 19" West, 784.72 feet to the southwest
362	362	corner of said 45.7951 acre tract, same being the southeast corner
363	363	of that certain called 18.525 acre tract (described as Tract B)
364	364	conveyed to Mullins Ranch, Inc., by instrument of record in File No.
365	365	2006089820, F.B.C.O.P.R.;
366	366	Thence, with the common line of said 45.7951 and 18.525
367	367	acre tracts, North 02 40' 01" West, 507.09 feet to the common north
368	368	corner of said 45.7951 and 18.525 acre tracts, same being on an
369	369	interior line of said 647.182 acre tract;
370	370	Thence, with the common line of said 45.7951 and 647.182
371	371	acre tracts, North 87 06' 02" East, 1445.65 feet to a reentrant
372	372	corner of said 45.7951 acre tract;
373	373	Thence, continuing with said common line, North 00 40'
374	374	26" West, 532.09 feet to the most northerly northwest corner of said
375	375	45.7951 acre tract;
376	376	Thence, with the north line of said 45.7951 acre tract,
377	377	North 86 59' 39" East, 1178.24 feet to the POINT OF BEGINNING and
378	378	containing 25.644 acres of land.
379	379	Said Part One, Part Two, Part Three, Part Four, Part
380	380	Five and Part Six containing a total of 197.738 acres of land.
381	381	SECTION 3. (a) The legal notice of the intention to
382	382	introduce this Act, setting forth the general substance of this
383	383	Act, has been published as provided by law, and the notice and a
384	384	copy of this Act have been furnished to all persons, agencies,
385	385	officials, or entities to which they are required to be furnished
386	386	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
387	387	Government Code.
388	388	(b) The governor, one of the required recipients, has
389	389	submitted the notice and Act to the Texas Commission on
390	390	Environmental Quality.
391	391	(c) The Texas Commission on Environmental Quality has filed
392	392	its recommendations relating to this Act with the governor, the
393	393	lieutenant governor, and the speaker of the house of
394	394	representatives within the required time.
395	395	(d) All requirements of the constitution and laws of this
396	396	state and the rules and procedures of the legislature with respect
397	397	to the notice, introduction, and passage of this Act are fulfilled
398	398	and accomplished.
399	399	SECTION 4. This Act takes effect immediately if it receives
400	400	a vote of two-thirds of all the members elected to each house, as
401	401	provided by Section 39, Article III, Texas Constitution. If this
402	402	Act does not receive the vote necessary for immediate effect, this
403	403	Act takes effect September 1, 2009.