Texas 2013 - 83rd Regular

Texas Senate Bill SB1066 Compare Versions

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1	1	By: Hegar S.B. No. 1066
2	2	(Zerwas)
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. 210; providing authority to impose a tax and issue
8	8	bonds; granting a limited power of eminent domain.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 8462 to read as follows:
12	12	CHAPTER 8462. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 210
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 8462.001. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "Commission" means the Texas Commission on
17	17	Environmental Quality.
18	18	(3) "Director" means a board member.
19	19	(4) "District" means the Fort Bend County Municipal
20	20	Utility District No. 210.
21	21	Sec. 8462.002. NATURE OF DISTRICT. The district is a
22	22	municipal utility district created under Section 59, Article XVI,
23	23	Texas Constitution.
24	24	Sec. 8462.003. CONFIRMATION AND DIRECTORS' ELECTION
25	25	REQUIRED. The temporary directors shall hold an election to
26	26	confirm the creation of the district and to elect five permanent
27	27	directors as provided by Section 49.102, Water Code.
28	28	Sec. 8462.004. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section 8462.003
30	30	until each municipality in whose corporate limits or
31	31	extraterritorial jurisdiction the district is located has
32	32	consented by ordinance or resolution to the creation of the
33	33	district and to the inclusion of land in the district.
34	34	Sec. 8462.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	35	(a) The district is created to serve a public purpose and benefit.
36	36	(b) The district is created to accomplish the purposes of:
37	37	(1) a municipal utility district as provided by
38	38	general law and Section 59, Article XVI, Texas Constitution; and
39	39	(2) Section 52, Article III, Texas Constitution, that
40	40	relate to the construction, acquisition, improvement, operation,
41	41	or maintenance of macadamized, graveled, or paved roads, or
42	42	improvements, including storm drainage, in aid of those roads.
43	43	Sec. 8462.006. INITIAL DISTRICT TERRITORY. (a) The
44	44	district is initially composed of the territory described by
45	45	Section 2 of the Act enacting this chapter.
46	46	(b) The boundaries and field notes contained in Section 2 of
47	47	the Act enacting this chapter form a closure. A mistake made in the
48	48	field notes or in copying the field notes in the legislative process
49	49	does not affect the district's:
50	50	(1) organization, existence, or validity;
51	51	(2) right to issue any type of bond for the purposes
52	52	for which the district is created or to pay the principal of and
53	53	interest on a bond;
54	54	(3) right to impose a tax; or
55	55	(4) legality or operation.
56	56	SUBCHAPTER B. BOARD OF DIRECTORS
57	57	Sec. 8462.051. GOVERNING BODY; TERMS. (a) The district is
58	58	governed by a board of five elected directors.
59	59	(b) Except as provided by Section 8462.052, directors serve
60	60	staggered four-year terms.
61	61	Sec. 8462.052. TEMPORARY DIRECTORS. (a) On or after the
62	62	effective date of the Act enacting this chapter, the owner or owners
63	63	of a majority of the assessed value of the real property in the
64	64	district may submit a petition to the commission requesting that
65	65	the commission appoint as temporary directors the five persons
66	66	named in the petition. The commission shall appoint as temporary
67	67	directors the five persons named in the petition.
68	68	(b) Temporary directors serve until the earlier of:
69	69	(1) the date permanent directors are elected under
70	70	Section 8462.003; or
71	71	(2) the fourth anniversary of the effective date of
72	72	the Act enacting this chapter.
73	73	(c) If permanent directors have not been elected under
74	74	Section 8462.003 and the terms of the temporary directors have
75	75	expired, successor temporary directors shall be appointed or
76	76	reappointed as provided by Subsection (d) to serve terms that
77	77	expire on the earlier of:
78	78	(1) the date permanent directors are elected under
79	79	Section 8462.003; or
80	80	(2) the fourth anniversary of the date of the
81	81	appointment or reappointment.
82	82	(d) If Subsection (c) applies, the owner or owners of a
83	83	majority of the assessed value of the real property in the district
84	84	may submit a petition to the commission requesting that the
85	85	commission appoint as successor temporary directors the five
86	86	persons named in the petition. The commission shall appoint as
87	87	successor temporary directors the five persons named in the
88	88	petition.
89	89	SUBCHAPTER C. POWERS AND DUTIES
90	90	Sec. 8462.101. GENERAL POWERS AND DUTIES. The district has
91	91	the powers and duties necessary to accomplish the purposes for
92	92	which the district is created.
93	93	Sec. 8462.102. MUNICIPAL UTILITY DISTRICT POWERS AND
94	94	DUTIES. The district has the powers and duties provided by the
95	95	general law of this state, including Chapters 49 and 54, Water Code,
96	96	applicable to municipal utility districts created under Section 59,
97	97	Article XVI, Texas Constitution.
98	98	Sec. 8462.103. AUTHORITY FOR ROAD PROJECTS. Under Section
99	99	52, Article III, Texas Constitution, the district may design,
100	100	acquire, construct, finance, issue bonds for, improve, operate,
101	101	maintain, and convey to this state, a county, or a municipality for
102	102	operation and maintenance macadamized, graveled, or paved roads, or
103	103	improvements, including storm drainage, in aid of those roads.
104	104	Sec. 8462.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	105	road project must meet all applicable construction standards,
106	106	zoning and subdivision requirements, and regulations of each
107	107	municipality in whose corporate limits or extraterritorial
108	108	jurisdiction the road project is located.
109	109	(b) If a road project is not located in the corporate limits
110	110	or extraterritorial jurisdiction of a municipality, the road
111	111	project must meet all applicable construction standards, zoning and
112	112	subdivision requirements, and regulations of each county in which
113	113	the road project is located.
114	114	(c) If the state will maintain and operate the road, the
115	115	Texas Transportation Commission must approve the plans and
116	116	specifications of the road project.
117	117	Sec. 8462.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
118	118	OR RESOLUTION. The district shall comply with all applicable
119	119	requirements of any ordinance or resolution that is adopted under
120	120	Section 54.016 or 54.0165, Water Code, and that consents to the
121	121	creation of the district or to the inclusion of land in the
122	122	district.
123	123	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
124	124	Sec. 8462.151. ELECTIONS REGARDING TAXES OR BONDS.
125	125	(a) The district may issue, without an election, bonds and other
126	126	obligations secured by:
127	127	(1) revenue other than ad valorem taxes; or
128	128	(2) contract payments described by Section 8462.153.
129	129	(b) The district must hold an election in the manner
130	130	provided by Chapters 49 and 54, Water Code, to obtain voter approval
131	131	before the district may impose an ad valorem tax or issue bonds
132	132	payable from ad valorem taxes.
133	133	(c) The district may not issue bonds payable from ad valorem
134	134	taxes to finance a road project unless the issuance is approved by a
135	135	vote of a two-thirds majority of the district voters voting at an
136	136	election held for that purpose.
137	137	Sec. 8462.152. OPERATION AND MAINTENANCE TAX. (a) If
138	138	authorized at an election held under Section 8462.151, the district
139	139	may impose an operation and maintenance tax on taxable property in
140	140	the district in accordance with Section 49.107, Water Code.
141	141	(b) The board shall determine the tax rate. The rate may not
142	142	exceed the rate approved at the election.
143	143	Sec. 8462.153. CONTRACT TAXES. (a) In accordance with
144	144	Section 49.108, Water Code, the district may impose a tax other than
145	145	an operation and maintenance tax and use the revenue derived from
146	146	the tax to make payments under a contract after the provisions of
147	147	the contract have been approved by a majority of the district voters
148	148	voting at an election held for that purpose.
149	149	(b) A contract approved by the district voters may contain a
150	150	provision stating that the contract may be modified or amended by
151	151	the board without further voter approval.
152	152	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
153	153	Sec. 8462.201. AUTHORITY TO ISSUE BONDS AND OTHER
154	154	OBLIGATIONS. The district may issue bonds or other obligations
155	155	payable wholly or partly from ad valorem taxes, impact fees,
156	156	revenue, contract payments, grants, or other district money, or any
157	157	combination of those sources, to pay for any authorized district
158	158	purpose.
159	159	Sec. 8462.202. TAXES FOR BONDS. At the time the district
160	160	issues bonds payable wholly or partly from ad valorem taxes, the
161	161	board shall provide for the annual imposition of a continuing
162	162	direct ad valorem tax, without limit as to rate or amount, while all
163	163	or part of the bonds are outstanding as required and in the manner
164	164	provided by Sections 54.601 and 54.602, Water Code.
165	165	Sec. 8462.203. BONDS FOR ROAD PROJECTS. At the time of
166	166	issuance, the total principal amount of bonds or other obligations
167	167	issued or incurred to finance road projects and payable from ad
168	168	valorem taxes may not exceed one-fourth of the assessed value of the
169	169	real property in the district.
170	170	SECTION 2. The Fort Bend County Municipal Utility District
171	171	No. 210 initially includes all the territory contained in the
172	172	following area:
173	173	BEING a 1145.87 acre tract of land situated in the John Foster
174	174	2-1/2 League Grant, Abstract No. 26 of Fort Bend County, Texas and
175	175	being part of a called 3063.45 acre tract of land described as First
176	176	Tract in a conveyance to Foster Farms, Inc. recorded in Volume 362,
177	177	Page 549 of the Fort Bend County Deed Records (F.B.C.D.R.), said
178	178	1145.87 acre tract of land described by metes and bounds as follows:
179	179	COMMENCING at the most westerly northwest corner of said
180	180	3063.45 acre tract and being in the western line of said John Foster
181	181	2-1/2 League Grant and the eastern line of the Randon & Pennington
182	182	League, Abstract No. 75 of Fort Bend County;
183	183	THENCE, SOUTH, a distance of 6,982.18 feet along the western
184	184	line of said 3063.45 acre tract to the northwest corner of the
185	185	herein described tract and being the POINT OF BEGINNING;
186	186	THENCE, N 89° 58' 40" E, a distance of 10,824.34 feet over and
187	187	across said 3063.45 acre tract partially along the southern
188	188	right-of-way line of Beadle Drive (80' Wide) to the northeast
189	189	corner of the herein described tract and being in the western line
190	190	of a called 1410.69 acre tract described as Second Tract in the deed
191	191	recorded in Volume 362, Page 549 of the F.B.C.D.R.;
192	192	THENCE, SOUTH, a distance of 6,932.93 feet to the southeast
193	193	corner of the herein described tract and being approximately
194	194	200-feet from the northern high bank of the Brazos River;
195	195	THENCE, along the lines approximately 200-feet from the
196	196	northern high bank of the Brazos River the following courses and
197	197	distances:
198	198	N 32° 26' 29" W, a distance of 416.17 feet to a point for
199	199	corner;
200	200	N 62° 34' 02" W, a distance of 913.05 feet to a point for
201	201	corner;
202	202	N 88° 44' 19" W, a distance of 960.84 feet to a point for
203	203	corner;
204	204	S 49° 09' 18" W, a distance of 1,666.23 feet to a point for
205	205	corner;
206	206	S 30° 09' 01" W, a distance of 1,887.00 feet to the most
207	207	southern corner of the herein described tract and being in the east
208	208	line of a called 218.562 acre tract described and recorded under
209	209	F.B.C.C.F. No. 9677436;
210	210	THENCE, N 00° 28' 00" W, a distance of 4,804.31 feet along the
211	211	east line of said 218.562 acre tract and the east line of a called
212	212	101.314 acre tract described and recorded under F.B.C.C.F. No.
213	213	9677438 to a point for corner;
214	214	THENCE, N 89° 52' 00" W, a distance of 1,757.20 feet along the
215	215	north line of said 101.314 acre tract to an angle point;
216	216	THENCE, S 89° 59' 20" W, a distance of 1,582.34 feet to a point
217	217	for corner being in the east right-of-way line of Stratmore Road
218	218	(Width Varies);
219	219	THENCE, N 00° 05' 10" W, a distance of 1,682.65 feet along said
220	220	east right-of-way line to a point for corner;
221	221	THENCE, N 89° 59' 10" W, a distance of 2,777.28 feet to the
222	222	southwest corner of the herein described tract and being
223	223	approximately 200-feet from the eastern high bank of the Brazos
224	224	River;
225	225	THENCE, N 31° 19' 40" W, a distance of 891.23 feet to the most
226	226	western corner of the herein described tract and being in the west
227	227	line of said 3063.45 acre tract also being in the western line of
228	228	said John Foster 2-1/2 League Grant and the eastern line of the
229	229	Randon & Pennington League, Abstract No. 75 of Fort Bend County;
230	230	THENCE, NORTH, a distance of 1,604.60 feet along the common
231	231	survey line to the POINT OF BEGINNING and containing 1145.87 acres
232	232	of land.
233	233	SECTION 3. (a) The legal notice of the intention to
234	234	introduce this Act, setting forth the general substance of this
235	235	Act, has been published as provided by law, and the notice and a
236	236	copy of this Act have been furnished to all persons, agencies,
237	237	officials, or entities to which they are required to be furnished
238	238	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
239	239	Government Code.
240	240	(b) The governor, one of the required recipients, has
241	241	submitted the notice and Act to the Texas Commission on
242	242	Environmental Quality.
243	243	(c) The Texas Commission on Environmental Quality has filed
244	244	its recommendations relating to this Act with the governor, the
245	245	lieutenant governor, and the speaker of the house of
246	246	representatives within the required time.
247	247	(d) All requirements of the constitution and laws of this
248	248	state and the rules and procedures of the legislature with respect
249	249	to the notice, introduction, and passage of this Act are fulfilled
250	250	and accomplished.
251	251	SECTION 4. (a) If this Act does not receive a two-thirds
252	252	vote of all the members elected to each house, Subchapter C, Chapter
253	253	8462, Special District Local Laws Code, as added by Section 1 of
254	254	this Act, is amended by adding Section 8462.106 to read as follows:
255	255	Sec. 8462.106. NO EMINENT DOMAIN POWER. The district may
256	256	not exercise the power of eminent domain.
257	257	(b) This section is not intended to be an expression of a
258	258	legislative interpretation of the requirements of Subsection (c),
259	259	Section 17, Article I, Texas Constitution.
260	260	SECTION 5. This Act takes effect immediately if it receives
261	261	a vote of two-thirds of all the members elected to each house, as
262	262	provided by Section 39, Article III, Texas Constitution. If this
263	263	Act does not receive the vote necessary for immediate effect, this
264	264	Act takes effect September 1, 2013.