Texas 2013 - 83rd Regular

Texas Senate Bill SB1843 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Hegar S.B. No. 1843
2	2	(Zerwas)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the Fulshear Municipal Utility District
7	7	No. 2; providing authority to impose a tax and issue bonds; granting
8	8	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 8480 to read as follows:
12	12	CHAPTER 8480. FULSHEAR MUNICIPAL UTILITY DISTRICT NO. 2
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 8480.001. 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 Fulshear Municipal Utility
20	20	District No. 2.
21	21	Sec. 8480.002. 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. 8480.003. 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. 8480.004. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section 8480.003
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. 8480.005. 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. 8480.006. 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. 8480.051. 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 8480.052, directors serve
60	60	staggered four-year terms.
61	61	Sec. 8480.052. TEMPORARY DIRECTORS. (a) On or after
62	62	September 1, 2013, the owner or owners of a majority of the assessed
63	63	value of the real property in the district may submit a petition to
64	64	the commission requesting that the commission appoint as temporary
65	65	directors the five persons named in the petition. The commission
66	66	shall appoint as temporary directors the five persons named in the
67	67	petition.
68	68	(b) Temporary directors serve until the earlier of:
69	69	(1) the date permanent directors are elected under
70	70	Section 8480.003; or
71	71	(2) September 1, 2017.
72	72	(c) If permanent directors have not been elected under
73	73	Section 8480.003 and the terms of the temporary directors have
74	74	expired, successor temporary directors shall be appointed or
75	75	reappointed as provided by Subsection (d) to serve terms that
76	76	expire on the earlier of:
77	77	(1) the date permanent directors are elected under
78	78	Section 8480.003; or
79	79	(2) the fourth anniversary of the date of the
80	80	appointment or reappointment.
81	81	(d) If Subsection (c) applies, the owner or owners of a
82	82	majority of the assessed value of the real property in the district
83	83	may submit a petition to the commission requesting that the
84	84	commission appoint as successor temporary directors the five
85	85	persons named in the petition. The commission shall appoint as
86	86	successor temporary directors the five persons named in the
87	87	petition.
88	88	SUBCHAPTER C. POWERS AND DUTIES
89	89	Sec. 8480.101. GENERAL POWERS AND DUTIES. The district has
90	90	the powers and duties necessary to accomplish the purposes for
91	91	which the district is created.
92	92	Sec. 8480.102. MUNICIPAL UTILITY DISTRICT POWERS AND
93	93	DUTIES. The district has the powers and duties provided by the
94	94	general law of this state, including Chapters 49 and 54, Water Code,
95	95	applicable to municipal utility districts created under Section 59,
96	96	Article XVI, Texas Constitution.
97	97	Sec. 8480.103. AUTHORITY FOR ROAD PROJECTS. Under Section
98	98	52, Article III, Texas Constitution, the district may design,
99	99	acquire, construct, finance, issue bonds for, improve, operate,
100	100	maintain, and convey to this state, a county, or a municipality for
101	101	operation and maintenance macadamized, graveled, or paved roads, or
102	102	improvements, including storm drainage, in aid of those roads.
103	103	Sec. 8480.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
104	104	road project must meet all applicable construction standards,
105	105	zoning and subdivision requirements, and regulations of each
106	106	municipality in whose corporate limits or extraterritorial
107	107	jurisdiction the road project is located.
108	108	(b) If a road project is not located in the corporate limits
109	109	or extraterritorial jurisdiction of a municipality, the road
110	110	project must meet all applicable construction standards,
111	111	subdivision requirements, and regulations of each county in which
112	112	the road project is located.
113	113	(c) If the state will maintain and operate the road, the
114	114	Texas Transportation Commission must approve the plans and
115	115	specifications of the road project.
116	116	Sec. 8480.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
117	117	OR RESOLUTION. (a) The district shall comply with all applicable
118	118	requirements of any ordinance or resolution that is adopted under
119	119	Section 54.016 or 54.0165, Water Code, and that consents to the
120	120	creation of the district or to the inclusion of land in the
121	121	district.
122	122	(b) Section 54.016(f), Water Code, does not apply to the
123	123	district.
124	124	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
125	125	Sec. 8480.151. ELECTIONS REGARDING TAXES OR BONDS.
126	126	(a) The 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 8480.153.
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. 8480.152. OPERATION AND MAINTENANCE TAX. (a) If
139	139	authorized at an election held under Section 8480.151, 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. 8480.153. 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. 8480.201. 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. 8480.202. 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. 8480.203. 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 Fulshear Municipal Utility District No. 2
172	172	initially includes all the territory contained in the following
173	173	area:
174	174	All that certain 55.2 acre tract of land in the Enoch Latham Survey,
175	175	A-50, Fort Bend County, Texas and being all that certain called
176	176	5.384 acre tract of land conveyed to DHK Development by deed dated
177	177	01-02-2013 recorded at Clerk File Number 201300440, and all that
178	178	certain 39.98 acre tract of land conveyed to DHK Fulshear, LP
179	179	described in a deed dated 01-20-2013 recorded at Clerk File Number
180	180	201300442, and all that certain called 10.01 acre tract of land
181	181	conveyed to DHK Fulshear, LP described in a deed dated 02-20-2013
182	182	recorded at Clerk File Number 2013000439 in the Fort Bend Count Deed
183	183	Records and being more particularly described by metes and bounds
184	184	as follows, all bearings being referenced to the Texas Coordinate
185	185	System of 1983, all coordinates have surface values and may be
186	186	converted to grid by applying a combined scale factor of
187	187	0.99988107.
188	188	COMMENCING at a found 5/8" iron rod at a bend in the west
189	189	right-of-way line of Bois D'arc Lane and marking the northeast
190	190	corner of a called 10.01 acre tract of land conveyed to Roshanak
191	191	Haghshenas by deed recorded at Clerk File Number 2005007611, Fort
192	192	Bend County Deed Records, having coordinates of Y=13812242.07 X=:
193	193	2957906.95, THENCE S 01° 15' 13" E - 422.82', with said west
194	194	right-of-way line to a found 5/8" iron rod with cap marking the
195	195	POINT OF BEGINNING of the herein described tract;
196	196	THENCE S 01° 15' 13" E - 440.00', continuing with said west
197	197	right-of-way line to a to a found 5/8" iron rod for corner;
198	198	THENCE S 88° 26' 26" W - 455.80', with the north line of a called 4.99
199	199	acre tract conveyed to Robert Marion Kipp, et ux by deed recorded at
200	200	Clerk File Number 2008125853, Fort Bend County Deed Records, to a
201	201	point for corner;
202	202	THENCE S 02° 18' 15" E -113.13', with the west line of said 4.99 acre
203	203	tract to a point for corner;
204	204	THENCE S 88° 29' 00" W -1765.35', with the north line of a called
205	205	52.39 acre tract conveyed to Keith H. Williams by deed recorded at
206	206	Clerk File Number 1999087732, Fort Bend County Deed Records, to a
207	207	point for corner;
208	208	THENCE N 01° 58' 02" W - 451.92', with the east line of a called
209	209	200.7181 acre tract of land conveyed to Fulshear Land Investment
210	210	Partners, LTD by deed recorded at Clerk File Number 2006137093,
211	211	Fort Bend County Deed Records, to a point for corner;
212	212	THENCE with the east line of a called 34.93 acre tract of land
213	213	conveyed to G.R. Pickard Junior by deed recorded at Volume 499, Page
214	214	305 Fort Bend County Deed Records for the following 7 (seven)
215	215	courses and distances:
216	216	THENCE N 00° 38' 15" W - 772.40' to a found 5/8" iron rod with
217	217	cap for corner;
218	218	THENCE S 86° 51' 29" E - 331.86' to a point for corner;
219	219	THENCE N 04° 09' 24" E - 236.74' to a point for corner;
220	220	THENCE S 89° 50' 03" E - 36.49' to a point for corner;
221	221	THENCE N 03° 29' 34" W - 207.90' to a point for corner;
222	222	THENCE N 87° 14' 46" E - 211.12' to a point for corner;
223	223	THENCE N 01° 35' 56" W - 182.37' to a found 5/8" iron rod with
224	224	cap for corner;
225	225	THENCE S 70° 43' 34" E - 149.27' to a point for corner;
226	226	THENCE S 65° 41' 10" E - 95.23' to a point for corner;
227	227	THENCE S 68° 42' 29" E - 300.37' to a point for corner;
228	228	THENCE with the west line of a called 3.28 acre tract of land
229	229	conveyed to David Joseph Grace by deed recorded at Clerk File Number
230	230	2005007611, Fort Bend County Deed Records, for the following 4
231	231	(four) courses and distances:
232	232	THENCE S 27° 45' 03" E - 208.59' to a point for corner;
233	233	THENCE S 00° 08' 40" E - 162.89' to a point for corner;
234	234	THENCE S 35° 02' 38" W - 135.26' to a point for corner;
235	235	THENCE S 50° 37' 43" W - 202.68' to a point for corner;
236	236	THENCE N 88° 08' 22" E - 417.42', with the south line of said 3.28
237	237	acre tract to a point for corner;
238	238	THENCE S 01° 50' 25" E - 481.66', with the west line of the
239	239	aforementioned 10.01 acre Haghshenas tract to a point for corner;
240	240	THENCE N 88° 28' 58" E - 849.07', with the south line of said 10.01
241	241	acre tract to the POINT OF BEGINNING, containing 55.2397 acres
242	242	(2,406,242 square feet) of land more or less.
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	8480, Special District Local Laws Code, as added by Section 1 of
264	264	this Act, is amended by adding Section 8480.106 to read as follows:
265	265	Sec. 8480.106. 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 Subsection (c),
269	269	Section 17, Article I, Texas Constitution.
270	270	SECTION 5. This Act takes effect September 1, 2013.