Texas 2013 - 83rd Regular

Texas House Bill HB2285 Compare Versions

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1	1	83R7071 AED-F
2	2	By: Zerwas H.B. No. 2285
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the Fort Bend County Municipal Utility
7	7	District No. 211; granting a limited power of eminent domain;
8	8	providing authority to issue bonds; providing authority to impose
9	9	assessments, fees, and taxes.
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 8463 to read as follows:
13	13	CHAPTER 8463. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 211
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8463.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(3) "Director" means a board member.
20	20	(4) "District" means the Fort Bend County Municipal
21	21	Utility District No. 211.
22	22	Sec. 8463.002. NATURE OF DISTRICT. The district is a
23	23	municipal utility district created under Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 8463.003. CONFIRMATION AND DIRECTORS' ELECTION
26	26	REQUIRED. The temporary directors shall hold an election to
27	27	confirm the creation of the district and to elect five permanent
28	28	directors as provided by Section 49.102, Water Code.
29	29	Sec. 8463.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section 8463.003
31	31	until each municipality in whose corporate limits or
32	32	extraterritorial jurisdiction the district is located has
33	33	consented by ordinance or resolution to the creation of the
34	34	district and to the inclusion of land in the district.
35	35	Sec. 8463.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
36	36	The district is created to serve a public purpose and benefit.
37	37	(b) The district is created to accomplish the purposes of:
38	38	(1) a municipal utility district as provided by
39	39	general law and Section 59, Article XVI, Texas Constitution; and
40	40	(2) Section 52, Article III, Texas Constitution, that
41	41	relate to the construction, acquisition, improvement, operation,
42	42	or maintenance of macadamized, graveled, or paved roads, or
43	43	improvements, including storm drainage, in aid of those roads.
44	44	Sec. 8463.006. INITIAL DISTRICT TERRITORY. (a) The
45	45	district is initially composed of the territory described by
46	46	Section 2 of the Act enacting this chapter.
47	47	(b) The boundaries and field notes contained in Section 2 of
48	48	the Act enacting this chapter form a closure. A mistake made in the
49	49	field notes or in copying the field notes in the legislative process
50	50	does not affect the district's:
51	51	(1) organization, existence, or validity;
52	52	(2) right to issue any type of bond for the purposes
53	53	for which the district is created or to pay the principal of and
54	54	interest on a bond;
55	55	(3) right to impose a tax; or
56	56	(4) legality or operation.
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 8463.051. GOVERNING BODY; TERMS. (a) The district is
59	59	governed by a board of five elected directors.
60	60	(b) Except as provided by Section 8463.052, directors serve
61	61	staggered four-year terms.
62	62	Sec. 8463.052. TEMPORARY DIRECTORS. (a) On or after the
63	63	effective date of the Act enacting this chapter, the owner or owners
64	64	of a majority of the assessed value of the real property in the
65	65	district may submit a petition to the commission requesting that
66	66	the commission appoint as temporary directors the five persons
67	67	named in the petition. The commission shall appoint as temporary
68	68	directors the five persons named in the petition.
69	69	(b) Temporary directors serve until the earlier of:
70	70	(1) the date permanent directors are elected under
71	71	Section 8463.003; or
72	72	(2) the fourth anniversary of the effective date of
73	73	the Act enacting this chapter.
74	74	(c) If permanent directors have not been elected under
75	75	Section 8463.003 and the terms of the temporary directors have
76	76	expired, successor temporary directors shall be appointed or
77	77	reappointed as provided by Subsection (d) to serve terms that
78	78	expire on the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 8463.003; or
81	81	(2) the fourth anniversary of the date of the
82	82	appointment or reappointment.
83	83	(d) If Subsection (c) applies, the owner or owners of a
84	84	majority of the assessed value of the real property in the district
85	85	may submit a petition to the commission requesting that the
86	86	commission appoint as successor temporary directors the five
87	87	persons named in the petition. The commission shall appoint as
88	88	successor temporary directors the five persons named in the
89	89	petition.
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 8463.101. GENERAL POWERS AND DUTIES. The district has
92	92	the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 8463.102. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 8463.103. AUTHORITY FOR ROAD PROJECTS. Under Section
100	100	52, Article III, Texas Constitution, the district may design,
101	101	acquire, construct, finance, issue bonds for, improve, operate,
102	102	maintain, and convey to this state, a county, or a municipality for
103	103	operation and maintenance macadamized, graveled, or paved roads, or
104	104	improvements, including storm drainage, in aid of those roads.
105	105	Sec. 8463.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
106	106	project must meet all applicable construction standards, zoning and
107	107	subdivision requirements, and regulations of each municipality in
108	108	whose corporate limits or extraterritorial jurisdiction the road
109	109	project is located.
110	110	(b) If a road project is not located in the corporate limits
111	111	or extraterritorial jurisdiction of a municipality, the road
112	112	project must meet all applicable construction standards, zoning and
113	113	subdivision requirements, and regulations of each county in which
114	114	the road project is located.
115	115	(c) If the state will maintain and operate the road, the
116	116	Texas Transportation Commission must approve the plans and
117	117	specifications of the road project.
118	118	Sec. 8463.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
119	119	OR RESOLUTION. The district shall comply with all applicable
120	120	requirements of any ordinance or resolution that is adopted under
121	121	Section 54.016 or 54.0165, Water Code, and that consents to the
122	122	creation of the district or to the inclusion of land in the
123	123	district.
124	124	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
125	125	Sec. 8463.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
126	126	district may issue, without an election, bonds and other
127	127	obligations secured by:
128	128	(1) revenue other than ad valorem taxes; or
129	129	(2) contract payments described by Section 8463.153.
130	130	(b) The district must hold an election in the manner
131	131	provided by Chapters 49 and 54, Water Code, to obtain voter approval
132	132	before the district may impose an ad valorem tax or issue bonds
133	133	payable from ad valorem taxes.
134	134	(c) The district may not issue bonds payable from ad valorem
135	135	taxes to finance a road project unless the issuance is approved by a
136	136	vote of a two-thirds majority of the district voters voting at an
137	137	election held for that purpose.
138	138	Sec. 8463.152. OPERATION AND MAINTENANCE TAX. (a) If
139	139	authorized at an election held under Section 8463.151, the district
140	140	may impose an operation and maintenance tax on taxable property in
141	141	the district in accordance with Section 49.107, Water Code.
142	142	(b) The board shall determine the tax rate. The rate may not
143	143	exceed the rate approved at the election.
144	144	Sec. 8463.153. CONTRACT TAXES. (a) In accordance with
145	145	Section 49.108, Water Code, the district may impose a tax other than
146	146	an operation and maintenance tax and use the revenue derived from
147	147	the tax to make payments under a contract after the provisions of
148	148	the contract have been approved by a majority of the district voters
149	149	voting at an election held for that purpose.
150	150	(b) A contract approved by the district voters may contain a
151	151	provision stating that the contract may be modified or amended by
152	152	the board without further voter approval.
153	153	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	154	Sec. 8463.201. AUTHORITY TO ISSUE BONDS AND OTHER
155	155	OBLIGATIONS. The district may issue bonds or other obligations
156	156	payable wholly or partly from ad valorem taxes, impact fees,
157	157	revenue, contract payments, grants, or other district money, or any
158	158	combination of those sources, to pay for any authorized district
159	159	purpose.
160	160	Sec. 8463.202. TAXES FOR BONDS. At the time the district
161	161	issues bonds payable wholly or partly from ad valorem taxes, the
162	162	board shall provide for the annual imposition of a continuing
163	163	direct ad valorem tax, without limit as to rate or amount, while all
164	164	or part of the bonds are outstanding as required and in the manner
165	165	provided by Sections 54.601 and 54.602, Water Code.
166	166	Sec. 8463.203. BONDS FOR ROAD PROJECTS. At the time of
167	167	issuance, the total principal amount of bonds or other obligations
168	168	issued or incurred to finance road projects and payable from ad
169	169	valorem taxes may not exceed one-fourth of the assessed value of the
170	170	real property in the district.
171	171	SECTION 2. The Fort Bend County Municipal Utility District
172	172	No. 211 initially includes all the territory contained in the
173	173	following area:
174	174	BEING a 1259.60 acre tract of land situated in the John Foster
175	175	2-1/2 League Grant, Abstract No. 26 of Fort Bend County, Texas and
176	176	being part of a called 1410.69 acre tract of land described as
177	177	Second Tract and all of a called 20.6 acre tract described as Third
178	178	Tract also all of a called 16.3 acre tract described as Fifth Tract
179	179	in a conveyance to Foster Farms, Inc. recorded in Volume 362, Page
180	180	549 of the Fort Bend County Deed Records (F.B.C.D.R.), said 1259.60
181	181	acre tract of land described by metes and bounds as follows:
182	182	BEGINNING at the most easterly northeast corner of said
183	183	1410.69 acre tract and being in the eastern line of said John Foster
184	184	2-1/2 League Grant and the western line of the William Andrews
185	185	League, Abstract No. 3 of Fort Bend County also being in the west
186	186	line of a called 174.27 acre tract described and recorded in Volume
187	187	495, Page 841 of the F.B.C.D.R.;
188	188	THENCE, along the east lines of said 1410.69 acre tract and
189	189	the west lines of said 174.27 acre tract and a called 6.5331 acre
190	190	tract described and recorded under F.B.C.C.F. No. 9818471 and a
191	191	called 3.6430 acre tract described and recorded under F.B.C.C.F.
192	192	No.9812369 also a called 194.2072 acre tract described and recorded
193	193	under F.B.C.C.F. No. 2001015964 the following courses and
194	194	distances:
195	195	S 00° 06' 00" E, a distance of 8,803.69 feet to a point
196	196	for corner;
197	197	S 03° 02' 20" W, a distance of 1,460.00 feet to the
198	198	northwest corner of a called 132 acres described and recorded under
199	199	F.B.C.C.F. No. 9465434;
200	200	THENCE, along the southern lines of said 1410.69 acre tract
201	201	and the northern lines of Evans Road (40-foot wide) the following
202	202	courses and distances:
203	203	S 70° 59' 40" W, a distance of 193.60 feet to a point for
204	204	corner;
205	205	S 83° 22' 20" W, a distance of 94.60 feet to a point for
206	206	corner;
207	207	N 78° 41' 00" W, a distance of 123.30 feet to a point for
208	208	corner;
209	209	N 70° 30' 40" W, a distance of 196.30 feet to a point for
210	210	corner;
211	211	N 60° 46' 40" W, a distance of 154.40 feet to a point for
212	212	corner;
213	213	N 54° 14' 30" W, a distance of 2,586.55 feet to a point
214	214	for corner;
215	215	N 60° 10' 20" W, a distance of 167.80 feet to a point for
216	216	corner;
217	217	N 64° 29' 30" W, a distance of 1,714.80 feet to a point
218	218	for corner;
219	219	THENCE, S 16° 49' 30" W, a distance of 40.16 feet over said
220	220	Evans Road to the northeast corner of said 16.3 acre tract and the
221	221	northwest corner of a called 30 acre tract described and recorded
222	222	under F.B.C.C.F. No. 2002110527;
223	223	THENCE, S 00° 20' 00" W, a distance of 1,155.74 feet along the
224	224	line common to said 16.3 acre tract and said 30 acre tract to a point
225	225	for corner and being approximately 200-feet from the northern high
226	226	bank of the Brazos River;
227	227	THENCE, N 32° 26' 29" W, a distance of 2,756.87 feet along a
228	228	line approximately 200-feet from the northern high bank of the
229	229	Brazos River to the southwest corner of the herein described tract
230	230	and being in the east line of a called 3063.45 acre tract described
231	231	as First Tract in the deed recorded in Volume 362, Page 549 of the
232	232	F.B.C.D.R.;
233	233	THENCE, NORTH, a distance of 6,932.93 feet along the line
234	234	common to said 3063.45 acre tract and said 1410.69 acre tract to the
235	235	northwest corner of the herein described tract and being in the
236	236	southern right-of-way line of Beadle Drive (80-foot wide);
237	237	THENCE, N 89° 58' 40" E, a distance of 5,735.23 feet along
238	238	said southern right-of-way line to a point for corner;
239	239	THENCE, S 00° 40' 10" E, a distance of 222.50 feet to a point
240	240	for corner;
241	241	THENCE, S 88° 36' 40" E, a distance of 331.42 feet to the POINT
242	242	OF BEGINNING and containing 1259.60 acres of land.
243	243	SECTION 3. (a) The legal notice of the intention to
244	244	introduce this Act, setting forth the general substance of this
245	245	Act, has been published as provided by law, and the notice and a
246	246	copy of this Act have been furnished to all persons, agencies,
247	247	officials, or entities to which they are required to be furnished
248	248	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
249	249	Government Code.
250	250	(b) The governor, one of the required recipients, has
251	251	submitted the notice and Act to the Texas Commission on
252	252	Environmental Quality.
253	253	(c) The Texas Commission on Environmental Quality has filed
254	254	its recommendations relating to this Act with the governor, the
255	255	lieutenant governor, and the speaker of the house of
256	256	representatives within the required time.
257	257	(d) All requirements of the constitution and laws of this
258	258	state and the rules and procedures of the legislature with respect
259	259	to the notice, introduction, and passage of this Act are fulfilled
260	260	and accomplished.
261	261	SECTION 4. (a) If this Act does not receive a two-thirds
262	262	vote of all the members elected to each house, Subchapter C, Chapter
263	263	8463, Special District Local Laws Code, as added by Section 1 of
264	264	this Act, is amended by adding Section 8463.106 to read as follows:
265	265	Sec. 8463.106. NO EMINENT DOMAIN POWER. The district may
266	266	not exercise the power of eminent domain.
267	267	(b) This section is not intended to be an expression of a
268	268	legislative interpretation of the requirements of Section 17(c),
269	269	Article I, Texas Constitution.
270	270	SECTION 5. This Act takes effect immediately if it receives
271	271	a vote of two-thirds of all the members elected to each house, as
272	272	provided by Section 39, Article III, Texas Constitution. If this
273	273	Act does not receive the vote necessary for immediate effect, this
274	274	Act takes effect September 1, 2013.