S.B. No. 1843
relating to the creation of the Fulshear Municipal Utility District
No. 2; providing authority to impose a tax and issue bonds; granting
a limited power of eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8480 to read as follows:
CHAPTER 8480. FULSHEAR MUNICIPAL UTILITY DISTRICT NO. 2
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8480.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Fulshear Municipal Utility
District No. 2.
Sec. 8480.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8480.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8480.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 8480.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8480.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8480.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8480.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8480.052, directors serve
staggered four-year terms.
Sec. 8480.052. TEMPORARY DIRECTORS. (a) On or after
September 1, 2013, the owner or owners of a majority of the assessed
value of the real property in the district may submit a petition to
the commission requesting that the commission appoint as temporary
directors the five persons named in the petition. The commission
shall appoint as temporary directors the five persons named in the
petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8480.003; or
(2) September 1, 2017.
(c) If permanent directors have not been elected under
Section 8480.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8480.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8480.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8480.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8480.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8480.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8480.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. (a) The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
(b) Section 54.016(f), Water Code, does not apply to the
district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8480.151. ELECTIONS REGARDING TAXES OR BONDS.
(a) The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8480.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8480.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8480.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8480.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8480.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8480.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8480.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Fulshear Municipal Utility District No. 2
initially includes all the territory contained in the following
area:
All that certain 55.2 acre tract of land in the Enoch Latham Survey,
A-50, Fort Bend County, Texas and being all that certain called
5.384 acre tract of land conveyed to DHK Development by deed dated
01-02-2013 recorded at Clerk File Number 201300440, and all that
certain 39.98 acre tract of land conveyed to DHK Fulshear, LP
described in a deed dated 01-20-2013 recorded at Clerk File Number
201300442, and all that certain called 10.01 acre tract of land
conveyed to DHK Fulshear, LP described in a deed dated 02-20-2013
recorded at Clerk File Number 2013000439 in the Fort Bend Count Deed
Records and being more particularly described by metes and bounds
as follows, all bearings being referenced to the Texas Coordinate
System of 1983, all coordinates have surface values and may be
converted to grid by applying a combined scale factor of
0.99988107.
COMMENCING at a found 5/8" iron rod at a bend in the west
right-of-way line of Bois D'arc Lane and marking the northeast
corner of a called 10.01 acre tract of land conveyed to Roshanak
Haghshenas by deed recorded at Clerk File Number 2005007611, Fort
Bend County Deed Records, having coordinates of Y=13812242.07 X=:
2957906.95, THENCE S 01° 15' 13" E - 422.82', with said west
right-of-way line to a found 5/8" iron rod with cap marking the
POINT OF BEGINNING of the herein described tract;
THENCE S 01° 15' 13" E - 440.00', continuing with said west
right-of-way line to a to a found 5/8" iron rod for corner;
THENCE S 88° 26' 26" W - 455.80', with the north line of a called 4.99
acre tract conveyed to Robert Marion Kipp, et ux by deed recorded at
Clerk File Number 2008125853, Fort Bend County Deed Records, to a
point for corner;
THENCE S 02° 18' 15" E -113.13', with the west line of said 4.99 acre
tract to a point for corner;
THENCE S 88° 29' 00" W -1765.35', with the north line of a called
52.39 acre tract conveyed to Keith H. Williams by deed recorded at
Clerk File Number 1999087732, Fort Bend County Deed Records, to a
point for corner;
THENCE N 01° 58' 02" W - 451.92', with the east line of a called
200.7181 acre tract of land conveyed to Fulshear Land Investment
Partners, LTD by deed recorded at Clerk File Number 2006137093,
Fort Bend County Deed Records, to a point for corner;
THENCE with the east line of a called 34.93 acre tract of land
conveyed to G.R. Pickard Junior by deed recorded at Volume 499, Page
305 Fort Bend County Deed Records for the following 7 (seven)
courses and distances:
THENCE N 00° 38' 15" W - 772.40' to a found 5/8" iron rod with
cap for corner;
THENCE S 86° 51' 29" E - 331.86' to a point for corner;
THENCE N 04° 09' 24" E - 236.74' to a point for corner;
THENCE S 89° 50' 03" E - 36.49' to a point for corner;
THENCE N 03° 29' 34" W - 207.90' to a point for corner;
THENCE N 87° 14' 46" E - 211.12' to a point for corner;
THENCE N 01° 35' 56" W - 182.37' to a found 5/8" iron rod with
cap for corner;
THENCE S 70° 43' 34" E - 149.27' to a point for corner;
THENCE S 65° 41' 10" E - 95.23' to a point for corner;
THENCE S 68° 42' 29" E - 300.37' to a point for corner;
THENCE with the west line of a called 3.28 acre tract of land
conveyed to David Joseph Grace by deed recorded at Clerk File Number
2005007611, Fort Bend County Deed Records, for the following 4
(four) courses and distances:
THENCE S 27° 45' 03" E - 208.59' to a point for corner;
THENCE S 00° 08' 40" E - 162.89' to a point for corner;
THENCE S 35° 02' 38" W - 135.26' to a point for corner;
THENCE S 50° 37' 43" W - 202.68' to a point for corner;
THENCE N 88° 08' 22" E - 417.42', with the south line of said 3.28
acre tract to a point for corner;
THENCE S 01° 50' 25" E - 481.66', with the west line of the
aforementioned 10.01 acre Haghshenas tract to a point for corner;
THENCE N 88° 28' 58" E - 849.07', with the south line of said 10.01
acre tract to the POINT OF BEGINNING, containing 55.2397 acres
(2,406,242 square feet) of land more or less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8480, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8480.106 to read as follows:
Sec. 8480.106. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Subsection (c),
Section 17, Article I, Texas Constitution.
SECTION 5. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1843 passed the Senate on
April 18, 2013, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1843 passed the House on
May 17, 2013, by the following vote: Yeas 133, Nays 1, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor