Texas 2013 - 83rd Regular

Texas Senate Bill SB273 Compare Versions

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1	1	By: Hegar S.B. No. 273
2	2	(Miller of Fort Bend)
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. 206; providing authority to impose taxes 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 8416 to read as follows:
12	12	CHAPTER 8416. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 206
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 8416.001. 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. 206.
21	21	Sec. 8416.002. 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. 8416.003. 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. 8416.004. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section 8416.003
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. 8416.005. 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. 8416.006. 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. 8416.051. 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 8416.052, directors serve
60	60	staggered four-year terms.
61	61	Sec. 8416.052. TEMPORARY DIRECTORS. (a) The temporary
62	62	board consists of:
63	63	(1) David Maxwell;
64	64	(2) Bill Richert;
65	65	(3) Robin Stoner;
66	66	(4) Pam Vollmar; and
67	67	(5) Rebecca Covell.
68	68	(b) Temporary directors serve until the earlier of:
69	69	(1) the date permanent directors are elected under
70	70	Section 8416.003; 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 8416.003 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 8416.003; 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. 8416.101. 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. 8416.102. 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. 8416.103. 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. 8416.104. 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,
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. 8416.105. 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. 8416.151. 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 8416.153.
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. 8416.152. OPERATION AND MAINTENANCE TAX. (a) If
138	138	authorized at an election held under Section 8416.151, 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. 8416.153. 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. 8416.201. 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. 8416.202. 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. 8416.203. 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. 206 initially includes all the territory contained in the
172	172	following area:
173	173	180.25 ACRES OF LAND SITUATED IN THE A.M. CLOPPER SURVEY,
174	174	ABSTRACT NO. 152, FORT BEND COUNTY, TEXAS, AND BEING ALL OF THOSE
175	175	TWO CERTAIN TRACTS OF LAND AS DESCRIBED IN THE DEED RECORDED UNDER
176	176	FORT BEND COUNTY CLERK'S FILE DOCUMENT NO. 2011029661, SAID 180.25
177	177	ACRES BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
178	178	FOLLOWS (BEARINGS BASED ON TEXAS STATE PLANE COORDINATE SYSTEM OF
179	179	1983, SOUTH CENTRAL ZONE, AS DETERMINED BY GPS MEASUREMENTS):
180	180	BEGINNING at a 5/8-inch iron rod having Texas State Plane,
181	181	South Central Zone 1983, coordinates of X = 3,022,695.86 and Y =
182	182	13,805,550.12 found marking the intersection of the westerly
183	183	right-of-way line of FM 1464 (width varies) with the northerly
184	184	right-of-way line of Madden Road (width varies);
185	185	(1) THENCE, South 88°04'36" West, along the northerly
186	186	right-of-way line of Madden Road for a distance of 2281.38 feet to
187	187	a 1/2-inch iron pipe found for corner;
188	188	(2) THENCE, North 05°03'56" East for a distance of 3924.04
189	189	feet to a 5/8-inch iron rod with cap stamped "HOVIS found for
190	190	corner;
191	191	(3) THENCE, North 87°51'55" East for a distance of 1744.26
192	192	feet to a 5/8-inch iron rod with cap stamped "HOVIS found for corner
193	193	in the westerly right-of-way line of FM 1464;
194	194	THENCE, along the westerly right-of-way line of FM 1464, the
195	195	following three (3) courses and distances:
196	196	(4) South 02°51'30" East for a distance of 3490.39 feet to a
197	197	5/8-inch iron rod with cap stamped "HOVIS found for corner;
198	198	(5) South 86°07'00" West for a distance of 4.00 feet to a
199	199	5/8-inch iron rod with cap stamped "HOVIS found for corner;
200	200	(6) South 02°51'30" East for a distance of 411.30 feet to
201	201	POINT OF BEGINNING and containing 180.25 acres of land.
202	202	SECTION 3. (a) The legal notice of the intention to
203	203	introduce this Act, setting forth the general substance of this
204	204	Act, has been published as provided by law, and the notice and a
205	205	copy of this Act have been furnished to all persons, agencies,
206	206	officials, or entities to which they are required to be furnished
207	207	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
208	208	Government Code.
209	209	(b) The governor, one of the required recipients, has
210	210	submitted the notice and Act to the Texas Commission on
211	211	Environmental Quality.
212	212	(c) The Texas Commission on Environmental Quality has filed
213	213	its recommendations relating to this Act with the governor, the
214	214	lieutenant governor, and the speaker of the house of
215	215	representatives within the required time.
216	216	(d) All requirements of the constitution and laws of this
217	217	state and the rules and procedures of the legislature with respect
218	218	to the notice, introduction, and passage of this Act are fulfilled
219	219	and accomplished.
220	220	SECTION 4. (a) If this Act does not receive a two-thirds
221	221	vote of all the members elected to each house, Subchapter C, Chapter
222	222	8416, Special District Local Laws Code, as added by Section 1 of
223	223	this Act, is amended by adding Section 8416.106 to read as follows:
224	224	Sec. 8416.106. NO EMINENT DOMAIN POWER. The district may
225	225	not exercise the power of eminent domain.
226	226	(b) This section is not intended to be an expression of a
227	227	legislative interpretation of the requirements of Subsection (c),
228	228	Section 17, Article I, Texas Constitution.
229	229	SECTION 5. This Act takes effect immediately if it receives
230	230	a vote of two-thirds of all the members elected to each house, as
231	231	provided by Section 39, Article III, Texas Constitution. If this
232	232	Act does not receive the vote necessary for immediate effect, this
233	233	Act takes effect September 1, 2013.