Texas 2013 - 83rd Regular

Texas Senate Bill SB1067 Compare Versions

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11 By: Hegar S.B. No. 1067
22 (Zerwas)
33
44
55 A BILL TO BE ENTITLED
66 relating to the creation of the Fort Bend County Municipal Utility
77 District No. 211; providing authority to impose a tax and issue
88 bonds; granting a limited power of eminent domain.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1111 Code, is amended by adding Chapter 8463 to read as follows:
1212 CHAPTER 8463. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 211
1313 SUBCHAPTER A. GENERAL PROVISIONS
1414 Sec. 8463.001. DEFINITIONS. In this chapter:
1515 (1) "Board" means the district's board of directors.
1616 (2) "Commission" means the Texas Commission on
1717 Environmental Quality.
1818 (3) "Director" means a board member.
1919 (4) "District" means the Fort Bend County Municipal
2020 Utility District No. 211.
2121 Sec. 8463.002. NATURE OF DISTRICT. The district is a
2222 municipal utility district created under Section 59, Article XVI,
2323 Texas Constitution.
2424 Sec. 8463.003. CONFIRMATION AND DIRECTORS' ELECTION
2525 REQUIRED. The temporary directors shall hold an election to
2626 confirm the creation of the district and to elect five permanent
2727 directors as provided by Section 49.102, Water Code.
2828 Sec. 8463.004. CONSENT OF MUNICIPALITY REQUIRED. The
2929 temporary directors may not hold an election under Section 8463.003
3030 until each municipality in whose corporate limits or
3131 extraterritorial jurisdiction the district is located has
3232 consented by ordinance or resolution to the creation of the
3333 district and to the inclusion of land in the district.
3434 Sec. 8463.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3535 (a) The district is created to serve a public purpose and benefit.
3636 (b) The district is created to accomplish the purposes of:
3737 (1) a municipal utility district as provided by
3838 general law and Section 59, Article XVI, Texas Constitution; and
3939 (2) Section 52, Article III, Texas Constitution, that
4040 relate to the construction, acquisition, improvement, operation,
4141 or maintenance of macadamized, graveled, or paved roads, or
4242 improvements, including storm drainage, in aid of those roads.
4343 Sec. 8463.006. INITIAL DISTRICT TERRITORY. (a) The
4444 district is initially composed of the territory described by
4545 Section 2 of the Act enacting this chapter.
4646 (b) The boundaries and field notes contained in Section 2 of
4747 the Act enacting this chapter form a closure. A mistake made in the
4848 field notes or in copying the field notes in the legislative process
4949 does not affect the district's:
5050 (1) organization, existence, or validity;
5151 (2) right to issue any type of bond for the purposes
5252 for which the district is created or to pay the principal of and
5353 interest on a bond;
5454 (3) right to impose a tax; or
5555 (4) legality or operation.
5656 SUBCHAPTER B. BOARD OF DIRECTORS
5757 Sec. 8463.051. GOVERNING BODY; TERMS. (a) The district is
5858 governed by a board of five elected directors.
5959 (b) Except as provided by Section 8463.052, directors serve
6060 staggered four-year terms.
6161 Sec. 8463.052. TEMPORARY DIRECTORS. (a) On or after the
6262 effective date of the Act enacting this chapter, the owner or owners
6363 of a majority of the assessed value of the real property in the
6464 district may submit a petition to the commission requesting that
6565 the commission appoint as temporary directors the five persons
6666 named in the petition. The commission shall appoint as temporary
6767 directors the five persons named in the petition.
6868 (b) Temporary directors serve until the earlier of:
6969 (1) the date permanent directors are elected under
7070 Section 8463.003; or
7171 (2) the fourth anniversary of the effective date of
7272 the Act enacting this chapter.
7373 (c) If permanent directors have not been elected under
7474 Section 8463.003 and the terms of the temporary directors have
7575 expired, successor temporary directors shall be appointed or
7676 reappointed as provided by Subsection (d) to serve terms that
7777 expire on the earlier of:
7878 (1) the date permanent directors are elected under
7979 Section 8463.003; or
8080 (2) the fourth anniversary of the date of the
8181 appointment or reappointment.
8282 (d) If Subsection (c) applies, the owner or owners of a
8383 majority of the assessed value of the real property in the district
8484 may submit a petition to the commission requesting that the
8585 commission appoint as successor temporary directors the five
8686 persons named in the petition. The commission shall appoint as
8787 successor temporary directors the five persons named in the
8888 petition.
8989 SUBCHAPTER C. POWERS AND DUTIES
9090 Sec. 8463.101. GENERAL POWERS AND DUTIES. The district has
9191 the powers and duties necessary to accomplish the purposes for
9292 which the district is created.
9393 Sec. 8463.102. MUNICIPAL UTILITY DISTRICT POWERS AND
9494 DUTIES. The district has the powers and duties provided by the
9595 general law of this state, including Chapters 49 and 54, Water Code,
9696 applicable to municipal utility districts created under Section 59,
9797 Article XVI, Texas Constitution.
9898 Sec. 8463.103. AUTHORITY FOR ROAD PROJECTS. Under Section
9999 52, Article III, Texas Constitution, the district may design,
100100 acquire, construct, finance, issue bonds for, improve, operate,
101101 maintain, and convey to this state, a county, or a municipality for
102102 operation and maintenance macadamized, graveled, or paved roads, or
103103 improvements, including storm drainage, in aid of those roads.
104104 Sec. 8463.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
105105 road project must meet all applicable construction standards,
106106 zoning and subdivision requirements, and regulations of each
107107 municipality in whose corporate limits or extraterritorial
108108 jurisdiction the road project is located.
109109 (b) If a road project is not located in the corporate limits
110110 or extraterritorial jurisdiction of a municipality, the road
111111 project must meet all applicable construction standards, zoning and
112112 subdivision requirements, and regulations of each county in which
113113 the road project is located.
114114 (c) If the state will maintain and operate the road, the
115115 Texas Transportation Commission must approve the plans and
116116 specifications of the road project.
117117 Sec. 8463.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
118118 OR RESOLUTION. The district shall comply with all applicable
119119 requirements of any ordinance or resolution that is adopted under
120120 Section 54.016 or 54.0165, Water Code, and that consents to the
121121 creation of the district or to the inclusion of land in the
122122 district.
123123 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
124124 Sec. 8463.151. ELECTIONS REGARDING TAXES OR BONDS.
125125 (a) The district may issue, without an election, bonds and other
126126 obligations secured by:
127127 (1) revenue other than ad valorem taxes; or
128128 (2) contract payments described by Section 8463.153.
129129 (b) The district must hold an election in the manner
130130 provided by Chapters 49 and 54, Water Code, to obtain voter approval
131131 before the district may impose an ad valorem tax or issue bonds
132132 payable from ad valorem taxes.
133133 (c) The district may not issue bonds payable from ad valorem
134134 taxes to finance a road project unless the issuance is approved by a
135135 vote of a two-thirds majority of the district voters voting at an
136136 election held for that purpose.
137137 Sec. 8463.152. OPERATION AND MAINTENANCE TAX. (a) If
138138 authorized at an election held under Section 8463.151, the district
139139 may impose an operation and maintenance tax on taxable property in
140140 the district in accordance with Section 49.107, Water Code.
141141 (b) The board shall determine the tax rate. The rate may not
142142 exceed the rate approved at the election.
143143 Sec. 8463.153. CONTRACT TAXES. (a) In accordance with
144144 Section 49.108, Water Code, the district may impose a tax other than
145145 an operation and maintenance tax and use the revenue derived from
146146 the tax to make payments under a contract after the provisions of
147147 the contract have been approved by a majority of the district voters
148148 voting at an election held for that purpose.
149149 (b) A contract approved by the district voters may contain a
150150 provision stating that the contract may be modified or amended by
151151 the board without further voter approval.
152152 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
153153 Sec. 8463.201. AUTHORITY TO ISSUE BONDS AND OTHER
154154 OBLIGATIONS. The district may issue bonds or other obligations
155155 payable wholly or partly from ad valorem taxes, impact fees,
156156 revenue, contract payments, grants, or other district money, or any
157157 combination of those sources, to pay for any authorized district
158158 purpose.
159159 Sec. 8463.202. TAXES FOR BONDS. At the time the district
160160 issues bonds payable wholly or partly from ad valorem taxes, the
161161 board shall provide for the annual imposition of a continuing
162162 direct ad valorem tax, without limit as to rate or amount, while all
163163 or part of the bonds are outstanding as required and in the manner
164164 provided by Sections 54.601 and 54.602, Water Code.
165165 Sec. 8463.203. BONDS FOR ROAD PROJECTS. At the time of
166166 issuance, the total principal amount of bonds or other obligations
167167 issued or incurred to finance road projects and payable from ad
168168 valorem taxes may not exceed one-fourth of the assessed value of the
169169 real property in the district.
170170 SECTION 2. The Fort Bend County Municipal Utility District
171171 No. 211 initially includes all the territory contained in the
172172 following area:
173173 BEING a 1259.60 acre tract of land situated in the John Foster
174174 2-1/2 League Grant, Abstract No. 26 of Fort Bend County, Texas and
175175 being part of a called 1410.69 acre tract of land described as
176176 Second Tract and all of a called 20.6 acre tract described as Third
177177 Tract also all of a called 16.3 acre tract described as Fifth Tract
178178 in a conveyance to Foster Farms, Inc. recorded in Volume 362, Page
179179 549 of the Fort Bend County Deed Records (F.B.C.D.R.), said 1259.60
180180 acre tract of land described by metes and bounds as follows:
181181 BEGINNING at the most easterly northeast corner of said
182182 1410.69 acre tract and being in the eastern line of said John Foster
183183 2-1/2 League Grant and the western line of the William Andrews
184184 League, Abstract No. 3 of Fort Bend County also being in the west
185185 line of a called 174.27 acre tract described and recorded in Volume
186186 495, Page 841 of the F.B.C.D.R.;
187187 THENCE, along the east lines of said 1410.69 acre tract and
188188 the west lines of said 174.27 acre tract and a called 6.5331 acre
189189 tract described and recorded under F.B.C.C.F. No. 9818471 and a
190190 called 3.6430 acre tract described and recorded under F.B.C.C.F.
191191 No.9812369 also a called 194.2072 acre tract described and recorded
192192 under F.B.C.C.F. No. 2001015964 the following courses and
193193 distances:
194194 S 00° 06' 00" E, a distance of 8,803.69 feet to a point
195195 for corner;
196196 S 03° 02' 20" W, a distance of 1,460.00 feet to the
197197 northwest corner of a called 132 acres described and recorded under
198198 F.B.C.C.F. No. 9465434;
199199 THENCE, along the southern lines of said 1410.69 acre tract
200200 and the northern lines of Evans Road (40-foot wide) the following
201201 courses and distances:
202202 S 70° 59' 40" W, a distance of 193.60 feet to a point for
203203 corner;
204204 S 83° 22' 20" W, a distance of 94.60 feet to a point for
205205 corner;
206206 N 78° 41' 00" W, a distance of 123.30 feet to a point for
207207 corner;
208208 N 70° 30' 40" W, a distance of 196.30 feet to a point for
209209 corner;
210210 N 60° 46' 40" W, a distance of 154.40 feet to a point for
211211 corner;
212212 N 54° 14' 30" W, a distance of 2,586.55 feet to a point
213213 for corner;
214214 N 60° 10' 20" W, a distance of 167.80 feet to a point for
215215 corner;
216216 N 64° 29' 30" W, a distance of 1,714.80 feet to a point
217217 for corner;
218218 THENCE, S 16° 49' 30" W, a distance of 40.16 feet over said
219219 Evans Road to the northeast corner of said 16.3 acre tract and the
220220 northwest corner of a called 30 acre tract described and recorded
221221 under F.B.C.C.F. No. 2002110527;
222222 THENCE, S 00° 20' 00" W, a distance of 1,155.74 feet along the
223223 line common to said 16.3 acre tract and said 30 acre tract to a point
224224 for corner and being approximately 200-feet from the northern high
225225 bank of the Brazos River;
226226 THENCE, N 32° 26' 29" W, a distance of 2,756.87 feet along a
227227 line approximately 200-feet from the northern high bank of the
228228 Brazos River to the southwest corner of the herein described tract
229229 and being in the east line of a called 3063.45 acre tract described
230230 as First Tract in the deed recorded in Volume 362, Page 549 of the
231231 F.B.C.D.R.;
232232 THENCE, NORTH, a distance of 6,932.93 feet along the line
233233 common to said 3063.45 acre tract and said 1410.69 acre tract to the
234234 northwest corner of the herein described tract and being in the
235235 southern right-of-way line of Beadle Drive (80-foot wide);
236236 THENCE, N 89° 58' 40" E, a distance of 5,735.23 feet along
237237 said southern right-of-way line to a point for corner;
238238 THENCE, S 00° 40' 10" E, a distance of 222.50 feet to a point
239239 for corner;
240240 THENCE, S 88° 36' 40" E, a distance of 331.42 feet to the POINT
241241 OF BEGINNING and containing 1259.60 acres of land.
242242 SECTION 3. (a) The legal notice of the intention to
243243 introduce this Act, setting forth the general substance of this
244244 Act, has been published as provided by law, and the notice and a
245245 copy of this Act have been furnished to all persons, agencies,
246246 officials, or entities to which they are required to be furnished
247247 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
248248 Government Code.
249249 (b) The governor, one of the required recipients, has
250250 submitted the notice and Act to the Texas Commission on
251251 Environmental Quality.
252252 (c) The Texas Commission on Environmental Quality has filed
253253 its recommendations relating to this Act with the governor, the
254254 lieutenant governor, and the speaker of the house of
255255 representatives within the required time.
256256 (d) All requirements of the constitution and laws of this
257257 state and the rules and procedures of the legislature with respect
258258 to the notice, introduction, and passage of this Act are fulfilled
259259 and accomplished.
260260 SECTION 4. (a) If this Act does not receive a two-thirds
261261 vote of all the members elected to each house, Subchapter C, Chapter
262262 8463, Special District Local Laws Code, as added by Section 1 of
263263 this Act, is amended by adding Section 8463.106 to read as follows:
264264 Sec. 8463.106. NO EMINENT DOMAIN POWER. The district may
265265 not exercise the power of eminent domain.
266266 (b) This section is not intended to be an expression of a
267267 legislative interpretation of the requirements of Subsection (c),
268268 Section 17, Article I, Texas Constitution.
269269 SECTION 5. This Act takes effect immediately if it receives
270270 a vote of two-thirds of all the members elected to each house, as
271271 provided by Section 39, Article III, Texas Constitution. If this
272272 Act does not receive the vote necessary for immediate effect, this
273273 Act takes effect September 1, 2013.