Texas 2015 - 84th Regular

Texas House Bill HB2091 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Zerwas (Senate Sponsor - Kolkhorst) H.B. No. 2091
2		-	(In the Senate - Received from the House May 4, 2015;
3		-	May 15, 2015, read first time and referred to Committee on
4		-	Intergovernmental Relations; May 22, 2015, reported favorably by
5		-	the following vote: Yeas 7, Nays 0; May 22, 2015, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 2091
7	2
8	3
9		-	A BILL TO BE ENTITLED
10		-	AN ACT
11	4		relating to the creation of the Fulshear Municipal Utility
12	5		Districts Nos. 4, 5, and 6; granting a limited power of eminent
13	6		domain; providing authority to issue bonds; providing authority to
14	7		impose assessments, fees, and taxes.
15	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	9		ARTICLE 1. CREATION OF MUNICIPAL UTILITY DISTRICTS
17	10		SECTION 1.01. Subtitle F, Title 6, Special District Local
18	11		Laws Code, is amended by adding Chapter 8494 to read as follows:
19	12		CHAPTER 8494. FULSHEAR MUNICIPAL UTILITY DISTRICT NO. 4
20	13		SUBCHAPTER A. GENERAL PROVISIONS
21	14		Sec. 8494.001. DEFINITIONS. In this chapter:
22	15		(1) "Board" means the district's board of directors.
23	16		(2) "Commission" means the Texas Commission on
24	17		Environmental Quality.
25	18		(3) "Director" means a board member.
26	19		(4) "District" means the Fulshear Municipal Utility
27	20		District No. 4.
28	21		Sec. 8494.002. NATURE OF DISTRICT. The district is a
29	22		municipal utility district created under Section 59, Article XVI,
30	23		Texas Constitution.
31	24		Sec. 8494.003. CONFIRMATION AND DIRECTORS' ELECTION
32	25		REQUIRED. The temporary directors shall hold an election to
33	26		confirm the creation of the district and to elect five permanent
34	27		directors as provided by Section 49.102, Water Code.
35	28		Sec. 8494.004. CONSENT OF MUNICIPALITY REQUIRED. The
36	29		temporary directors may not hold an election under Section 8494.003
37	30		until each municipality in whose corporate limits or
38	31		extraterritorial jurisdiction the district is located has
39	32		consented by ordinance or resolution to the creation of the
40	33		district and to the inclusion of land in the district.
41	34		Sec. 8494.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
42	35		The district is created to serve a public purpose and benefit.
43	36		(b) The district is created to accomplish the purposes of:
44	37		(1) a municipal utility district as provided by
45	38		general law and Section 59, Article XVI, Texas Constitution; and
46	39		(2) Section 52, Article III, Texas Constitution, that
47	40		relate to the construction, acquisition, improvement, operation,
48	41		or maintenance of macadamized, graveled, or paved roads, or
49	42		improvements, including storm drainage, in aid of those roads.
50	43		Sec. 8494.006. INITIAL DISTRICT TERRITORY. (a) The
51	44		district is initially composed of the territory described by
52	45		Section 2.01 of the Act enacting this chapter.
53	46		(b) The boundaries and field notes contained in Section 2.01
54	47		of the Act enacting this chapter form a closure. A mistake made in
55	48		the field notes or in copying the field notes in the legislative
56	49		process does not affect the district's:
57	50		(1) organization, existence, or validity;
58	51		(2) right to issue any type of bond for the purposes
59	52		for which the district is created or to pay the principal of and
60	53		interest on a bond;
61	54		(3) right to impose a tax; or
62	55		(4) legality or operation.
63	56		SUBCHAPTER B. BOARD OF DIRECTORS
64	57		Sec. 8494.051. GOVERNING BODY; TERMS. (a) The district is
65	58		governed by a board of five elected directors.
66	59		(b) Except as provided by Section 8494.052, directors serve
67	60		staggered four-year terms.
68	61		Sec. 8494.052. TEMPORARY DIRECTORS. (a) On or after
69	62		September 1, 2015, the owner or owners of a majority of the assessed
70	63		value of the real property in the district may submit a petition to
71	64		the commission requesting that the commission appoint as temporary
72	65		directors the five persons named in the petition. The commission
73	66		shall appoint as temporary directors the five persons named in the
74	67		petition.
75	68		(b) Temporary directors serve until the earlier of the date
76	69		permanent directors are elected under Section 8494.003 or September
77	70		1, 2019.
78	71		(c) If permanent directors have not been elected under
79	72		Section 8494.003 and the terms of the temporary directors have
80	73		expired, successor temporary directors shall be appointed or
81	74		reappointed as provided by Subsection (d) to serve terms that
82	75		expire on the earlier of:
83	76		(1) the date permanent directors are elected under
84	77		Section 8494.003; or
85	78		(2) the fourth anniversary of the date of the
86	79		appointment or reappointment.
87	80		(d) If Subsection (c) applies, the owner or owners of a
88	81		majority of the assessed value of the real property in the district
89	82		may submit a petition to the commission requesting that the
90	83		commission appoint as successor temporary directors the five
91	84		persons named in the petition. The commission shall appoint as
92	85		successor temporary directors the five persons named in the
93	86		petition.
94	87		SUBCHAPTER C. POWERS AND DUTIES
95	88		Sec. 8494.101. GENERAL POWERS AND DUTIES. The district has
96	89		the powers and duties necessary to accomplish the purposes for
97	90		which the district is created.
98	91		Sec. 8494.102. MUNICIPAL UTILITY DISTRICT POWERS AND
99	92		DUTIES. The district has the powers and duties provided by the
100	93		general law of this state, including Chapters 49 and 54, Water Code,
101	94		applicable to municipal utility districts created under Section 59,
102	95		Article XVI, Texas Constitution.
103	96		Sec. 8494.103. AUTHORITY FOR ROAD PROJECTS. Under Section
104	97		52, Article III, Texas Constitution, the district may design,
105	98		acquire, construct, finance, issue bonds for, improve, operate,
106	99		maintain, and convey to this state, a county, or a municipality for
107	100		operation and maintenance macadamized, graveled, or paved roads, or
108	101		improvements, including storm drainage, in aid of those roads.
109	102		Sec. 8494.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
110	103		project must meet all applicable construction standards, zoning and
111	104		subdivision requirements, and regulations of each municipality in
112	105		whose corporate limits or extraterritorial jurisdiction the road
113	106		project is located.
114	107		(b) If a road project is not located in the corporate limits
115	108		or extraterritorial jurisdiction of a municipality, the road
116	109		project must meet all applicable construction standards,
117	110		subdivision requirements, and regulations of each county in which
118	111		the road project is located.
119	112		(c) If the state will maintain and operate the road, the
120	113		Texas Transportation Commission must approve the plans and
121	114		specifications of the road project.
122	115		Sec. 8494.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
123	116		OR RESOLUTION. (a) Except as provided by this section, the
124	117		district shall comply with all applicable requirements of any
125	118		ordinance or resolution that is adopted under Section 54.016 or
126	119		54.0165, Water Code, and that consents to the creation of the
127	120		district or to the inclusion of land in the district.
128	121		(b) Section 54.016(f), Water Code, does not apply to the
129	122		district.
130	123		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
131	124		Sec. 8494.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
132	125		district may issue, without an election, bonds and other
133	126		obligations secured by:
134	127		(1) revenue other than ad valorem taxes; or
135	128		(2) contract payments described by Section 8494.153.
136	129		(b) The district must hold an election in the manner
137	130		provided by Chapters 49 and 54, Water Code, to obtain voter approval
138	131		before the district may impose an ad valorem tax or issue bonds
139	132		payable from ad valorem taxes.
140	133		(c) The district may not issue bonds payable from ad valorem
141	134		taxes to finance a road project unless the issuance is approved by a
142	135		vote of a two-thirds majority of the district voters voting at an
143	136		election held for that purpose.
144	137		Sec. 8494.152. OPERATION AND MAINTENANCE TAX. (a) If
145	138		authorized at an election held under Section 8494.151, the district
146	139		may impose an operation and maintenance tax on taxable property in
147	140		the district in accordance with Section 49.107, Water Code.
148	141		(b) The board shall determine the tax rate. The rate may not
149	142		exceed the rate approved at the election.
150	143		Sec. 8494.153. CONTRACT TAXES. (a) In accordance with
151	144		Section 49.108, Water Code, the district may impose a tax other than
152	145		an operation and maintenance tax and use the revenue derived from
153	146		the tax to make payments under a contract after the provisions of
154	147		the contract have been approved by a majority of the district voters
155	148		voting at an election held for that purpose.
156	149		(b) A contract approved by the district voters may contain a
157	150		provision stating that the contract may be modified or amended by
158	151		the board without further voter approval.
159	152		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
160	153		Sec. 8494.201. AUTHORITY TO ISSUE BONDS AND OTHER
161	154		OBLIGATIONS. The district may issue bonds or other obligations
162	155		payable wholly or partly from ad valorem taxes, impact fees,
163	156		revenue, contract payments, grants, or other district money, or any
164	157		combination of those sources, to pay for any authorized district
165	158		purpose.
166	159		Sec. 8494.202. TAXES FOR BONDS. At the time the district
167	160		issues bonds payable wholly or partly from ad valorem taxes, the
168	161		board shall provide for the annual imposition of a continuing
169	162		direct ad valorem tax, without limit as to rate or amount, while all
170	163		or part of the bonds are outstanding as required and in the manner
171	164		provided by Sections 54.601 and 54.602, Water Code.
172	165		Sec. 8494.203. BONDS FOR ROAD PROJECTS. At the time of
173	166		issuance, the total principal amount of bonds or other obligations
174	167		issued or incurred to finance road projects and payable from ad
175	168		valorem taxes may not exceed one-fourth of the assessed value of the
176	169		real property in the district.
177	170		SECTION 1.02. Subtitle F, Title 6, Special District Local
178	171		Laws Code, is amended by adding Chapter 8495 to read as follows:
179	172		CHAPTER 8495. FULSHEAR MUNICIPAL UTILITY DISTRICT NO. 5
180	173		SUBCHAPTER A. GENERAL PROVISIONS
181	174		Sec. 8495.001. DEFINITIONS. In this chapter:
182	175		(1) "Board" means the district's board of directors.
183	176		(2) "Commission" means the Texas Commission on
184	177		Environmental Quality.
185	178		(3) "Director" means a board member.
186	179		(4) "District" means the Fulshear Municipal Utility
187	180		District No. 5.
188	181		Sec. 8495.002. NATURE OF DISTRICT. The district is a
189	182		municipal utility district created under Section 59, Article XVI,
190	183		Texas Constitution.
191	184		Sec. 8495.003. CONFIRMATION AND DIRECTORS' ELECTION
192	185		REQUIRED. The temporary directors shall hold an election to
193	186		confirm the creation of the district and to elect five permanent
194	187		directors as provided by Section 49.102, Water Code.
195	188		Sec. 8495.004. CONSENT OF MUNICIPALITY REQUIRED. The
196	189		temporary directors may not hold an election under Section 8495.003
197	190		until each municipality in whose corporate limits or
198	191		extraterritorial jurisdiction the district is located has
199	192		consented by ordinance or resolution to the creation of the
200	193		district and to the inclusion of land in the district.
201	194		Sec. 8495.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
202	195		The district is created to serve a public purpose and benefit.
203	196		(b) The district is created to accomplish the purposes of:
204	197		(1) a municipal utility district as provided by
205	198		general law and Section 59, Article XVI, Texas Constitution; and
206	199		(2) Section 52, Article III, Texas Constitution, that
207	200		relate to the construction, acquisition, improvement, operation,
208	201		or maintenance of macadamized, graveled, or paved roads, or
209	202		improvements, including storm drainage, in aid of those roads.
210	203		Sec. 8495.006. INITIAL DISTRICT TERRITORY. (a) The
211	204		district is initially composed of the territory described by
212	205		Section 2.02 of the Act enacting this chapter.
213	206		(b) The boundaries and field notes contained in Section 2.02
214	207		of the Act enacting this chapter form a closure. A mistake made in
215	208		the field notes or in copying the field notes in the legislative
216	209		process does not affect the district's:
217	210		(1) organization, existence, or validity;
218	211		(2) right to issue any type of bond for the purposes
219	212		for which the district is created or to pay the principal of and
220	213		interest on a bond;
221	214		(3) right to impose a tax; or
222	215		(4) legality or operation.
223	216		Sec. 8495.007. ANNEXATION BY MUNICIPALITY. (a)
224	217		Notwithstanding any other law, if all of the territory of the
225	218		district is annexed by a municipality into the corporate limits of
226	219		that municipality before the date of the election under Section
227	220		8495.003, the district may not be dissolved and shall continue
228	221		until the district is dissolved under Section 43.074, Local
229	222		Government Code.
230	223		(b) Section 54.016(f), Water Code, does not apply to the
231	224		district.
232	225		SUBCHAPTER B. BOARD OF DIRECTORS
233	226		Sec. 8495.051. GOVERNING BODY; TERMS. (a) The district is
234	227		governed by a board of five elected directors.
235	228		(b) Except as provided by Section 8495.052, directors serve
236	229		staggered four-year terms.
237	230		Sec. 8495.052. TEMPORARY DIRECTORS. (a) On or after
238	231		September 1, 2015, the owner or owners of a majority of the assessed
239	232		value of the real property in the district may submit a petition to
240	233		the commission requesting that the commission appoint as temporary
241	234		directors the five persons named in the petition. The commission
242	235		shall appoint as temporary directors the five persons named in the
243	236		petition.
244	237		(b) Temporary directors serve until the earlier of:
245	238		(1) the date permanent directors are elected under
246	239		Section 8495.003; or
247	240		(2) September 1, 2019.
248	241		(c) If permanent directors have not been elected under
249	242		Section 8495.003 and the terms of the temporary directors have
250	243		expired, successor temporary directors shall be appointed or
251	244		reappointed as provided by Subsection (d) to serve terms that
252	245		expire on the earlier of:
253	246		(1) the date permanent directors are elected under
254	247		Section 8495.003; or
255	248		(2) the fourth anniversary of the date of the
256	249		appointment or reappointment.
257	250		(d) If Subsection (c) applies, the owner or owners of a
258	251		majority of the assessed value of the real property in the district
259	252		may submit a petition to the commission requesting that the
260	253		commission appoint as successor temporary directors the five
261	254		persons named in the petition. The commission shall appoint as
262	255		successor temporary directors the five persons named in the
263	256		petition.
264	257		SUBCHAPTER C. POWERS AND DUTIES
265	258		Sec. 8495.101. GENERAL POWERS AND DUTIES. The district has
266	259		the powers and duties necessary to accomplish the purposes for
267	260		which the district is created.
268	261		Sec. 8495.102. MUNICIPAL UTILITY DISTRICT POWERS AND
269	262		DUTIES. The district has the powers and duties provided by the
270	263		general law of this state, including Chapters 49 and 54, Water Code,
271	264		applicable to municipal utility districts created under Section 59,
272	265		Article XVI, Texas Constitution.
273	266		Sec. 8495.103. LEVEE IMPROVEMENT DISTRICT POWERS AND
274	267		DUTIES. The district has the powers and duties provided by the
275	268		general law of this state, including Chapter 57, Water Code,
276	269		applicable to levee improvement districts created under Section 59,
277	270		Article XVI, Texas Constitution.
278	271		Sec. 8495.104. AUTHORITY FOR ROAD PROJECTS. Under Section
279	272		52, Article III, Texas Constitution, the district may design,
280	273		acquire, construct, finance, issue bonds for, improve, operate,
281	274		maintain, and convey to this state, a county, or a municipality for
282	275		operation and maintenance macadamized, graveled, or paved roads, or
283	276		improvements, including storm drainage, in aid of those roads
284	277		inside or outside the district.
285	278		Sec. 8495.105. ROAD STANDARDS AND REQUIREMENTS. (a) A road
286	279		project must meet all applicable construction standards, zoning and
287	280		subdivision requirements, and regulations of each municipality in
288	281		whose corporate limits or extraterritorial jurisdiction the road
289	282		project is located.
290	283		(b) If a road project is not located in the corporate limits
291	284		or extraterritorial jurisdiction of a municipality, the road
292	285		project must meet all applicable construction standards,
293	286		subdivision requirements, and regulations of each county in which
294	287		the road project is located.
295	288		(c) If the state will maintain and operate the road, the
296	289		Texas Transportation Commission must approve the plans and
297	290		specifications of the road project.
298	291		Sec. 8495.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
299	292		OR RESOLUTION. The district shall comply with all applicable
300	293		requirements of any ordinance or resolution that is adopted under
301	294		Section 54.016 or 54.0165, Water Code, and that consents to the
302	295		creation of the district or to the inclusion of land in the
303	296		district.
304	297		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
305	298		Sec. 8495.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
306	299		district may issue, without an election, bonds and other
307	300		obligations secured by:
308	301		(1) revenue other than ad valorem taxes; or
309	302		(2) contract payments described by Section 8495.153.
310	303		(b) The district must hold an election in the manner
311	304		provided by Chapters 49 and 54, Water Code, to obtain voter approval
312	305		before the district may impose an ad valorem tax or issue bonds
313	306		payable from ad valorem taxes.
314	307		(c) The district may not issue bonds payable from ad valorem
315	308		taxes to finance a road project unless the issuance is approved by a
316	309		vote of a two-thirds majority of the district voters voting at an
317	310		election held for that purpose.
318	311		Sec. 8495.152. OPERATION AND MAINTENANCE TAX. (a) If
319	312		authorized at an election held under Section 8495.151, the district
320	313		may impose an operation and maintenance tax on taxable property in
321	314		the district in accordance with Section 49.107, Water Code.
322	315		(b) The board shall determine the tax rate. The rate may not
323	316		exceed the rate approved at the election.
324	317		Sec. 8495.153. CONTRACT TAXES. (a) In accordance with
325	318		Section 49.108, Water Code, the district may impose a tax other than
326	319		an operation and maintenance tax and use the revenue derived from
327	320		the tax to make payments under a contract after the provisions of
328	321		the contract have been approved by a majority of the district voters
329	322		voting at an election held for that purpose.
330	323		(b) A contract approved by the district voters may contain a
331	324		provision stating that the contract may be modified or amended by
332	325		the board without further voter approval.
333	326		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
334	327		Sec. 8495.201. AUTHORITY TO ISSUE BONDS AND OTHER
335	328		OBLIGATIONS. The district may issue bonds or other obligations
336	329		payable wholly or partly from ad valorem taxes, impact fees,
337	330		revenue, contract payments, grants, or other district money, or any
338	331		combination of those sources, to pay for any authorized district
339	332		purpose.
340	333		Sec. 8495.202. TAXES FOR BONDS. At the time the district
341	334		issues bonds payable wholly or partly from ad valorem taxes, the
342	335		board shall provide for the annual imposition of a continuing
343	336		direct ad valorem tax, without limit as to rate or amount, while all
344	337		or part of the bonds are outstanding as required and in the manner
345	338		provided by Sections 54.601 and 54.602, Water Code.
346	339		Sec. 8495.203. BONDS FOR ROAD PROJECTS. At the time of
347	340		issuance, the total principal amount of bonds or other obligations
348	341		issued or incurred to finance road projects and payable from ad
349	342		valorem taxes may not exceed one-fourth of the assessed value of the
350	343		real property in the district.
351	344		SECTION 1.03. Subtitle F, Title 6, Special District Local
352	345		Laws Code, is amended by adding Chapter 8496 to read as follows:
353	346		CHAPTER 8496. FULSHEAR MUNICIPAL UTILITY DISTRICT NO. 6
354	347		SUBCHAPTER A. GENERAL PROVISIONS
355	348		Sec. 8496.001. DEFINITIONS. In this chapter:
356	349		(1) "Board" means the district's board of directors.
357	350		(2) "Commission" means the Texas Commission on
358	351		Environmental Quality.
359	352		(3) "Director" means a board member.
360	353		(4) "District" means the Fulshear Municipal Utility
361	354		District No. 6.
362	355		Sec. 8496.002. NATURE OF DISTRICT. The district is a
363	356		municipal utility district created under Section 59, Article XVI,
364	357		Texas Constitution.
365	358		Sec. 8496.003. CONFIRMATION AND DIRECTORS' ELECTION
366	359		REQUIRED. The temporary directors shall hold an election to
367	360		confirm the creation of the district and to elect five permanent
368	361		directors as provided by Section 49.102, Water Code.
369	362		Sec. 8496.004. CONSENT OF MUNICIPALITY AND DEVELOPMENT
370	363		AGREEMENT REQUIRED. The temporary directors may not hold an
371	364		election under Section 8496.003 until each municipality in whose
372	365		corporate limits or extraterritorial jurisdiction the district is
373	366		located has:
374	367		(1) consented by ordinance or resolution to the
375	368		creation of the district and to the inclusion of land in the
376	369		district; and
377	370		(2) entered into a development agreement under Section
378	371		212.172, Local Government Code, with the owners of the land
379	372		described by Section 2.03 of the Act enacting this chapter.
380	373		Sec. 8496.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
381	374		The district is created to serve a public purpose and benefit.
382	375		(b) The district is created to accomplish the purposes of:
383	376		(1) a municipal utility district as provided by
384	377		general law and Section 59, Article XVI, Texas Constitution; and
385	378		(2) Section 52, Article III, Texas Constitution, that
386	379		relate to the construction, acquisition, improvement, operation,
387	380		or maintenance of macadamized, graveled, or paved roads, or
388	381		improvements, including storm drainage, in aid of those roads.
389	382		Sec. 8496.006. INITIAL DISTRICT TERRITORY. (a) The
390	383		district is initially composed of the territory described by
391	384		Section 2.03 of the Act enacting this chapter.
392	385		(b) The boundaries and field notes contained in Section 2.03
393	386		of the Act enacting this chapter form a closure. A mistake made in
394	387		the field notes or in copying the field notes in the legislative
395	388		process does not affect the district's:
396	389		(1) organization, existence, or validity;
397	390		(2) right to issue any type of bond for the purposes
398	391		for which the district is created or to pay the principal of and
399	392		interest on a bond;
400	393		(3) right to impose a tax; or
401	394		(4) legality or operation.
402	395		Sec. 8496.007. ANNEXATION BY MUNICIPALITY. (a)
403	396		Notwithstanding any other law, if all of the territory of the
404	397		district is annexed by a municipality into the corporate limits of
405	398		that municipality before the date of the election under Section
406	399		8496.003, the district may not be dissolved and shall continue
407	400		until the district is dissolved under Section 43.074, Local
408	401		Government Code.
409	402		(b) Section 54.016(f), Water Code, does not apply to the
410	403		district.
411	404		SUBCHAPTER B. BOARD OF DIRECTORS
412	405		Sec. 8496.051. GOVERNING BODY; TERMS. (a) The district is
413	406		governed by a board of five elected directors.
414	407		(b) Except as provided by Section 8496.052, directors serve
415	408		staggered four-year terms.
416	409		Sec. 8496.052. TEMPORARY DIRECTORS. (a) On or after
417	410		September 1, 2015, the owner or owners of a majority of the assessed
418	411		value of the real property in the district may submit a petition to
419	412		the commission requesting that the commission appoint as temporary
420	413		directors the five persons named in the petition. The commission
421	414		shall appoint as temporary directors the five persons named in the
422	415		petition.
423	416		(b) Temporary directors serve until the earlier of:
424	417		(1) the date permanent directors are elected under
425	418		Section 8496.003; or
426	419		(2) September 1, 2019.
427	420		(c) If permanent directors have not been elected under
428	421		Section 8496.003 and the terms of the temporary directors have
429	422		expired, successor temporary directors shall be appointed or
430	423		reappointed as provided by Subsection (d) to serve terms that
431	424		expire on the earlier of:
432	425		(1) the date permanent directors are elected under
433	426		Section 8496.003; or
434	427		(2) the fourth anniversary of the date of the
435	428		appointment or reappointment.
436	429		(d) If Subsection (c) applies, the owner or owners of a
437	430		majority of the assessed value of the real property in the district
438	431		may submit a petition to the commission requesting that the
439	432		commission appoint as successor temporary directors the five
440	433		persons named in the petition. The commission shall appoint as
441	434		successor temporary directors the five persons named in the
442	435		petition.
443	436		SUBCHAPTER C. POWERS AND DUTIES
444	437		Sec. 8496.101. GENERAL POWERS AND DUTIES. The district has
445	438		the powers and duties necessary to accomplish the purposes for
446	439		which the district is created.
447	440		Sec. 8496.102. MUNICIPAL UTILITY DISTRICT POWERS AND
448	441		DUTIES. The district has the powers and duties provided by the
449	442		general law of this state, including Chapters 49 and 54, Water Code,
450	443		applicable to municipal utility districts created under Section 59,
451	444		Article XVI, Texas Constitution.
452	445		Sec. 8496.103. LEVEE IMPROVEMENT DISTRICT POWERS AND
453	446		DUTIES. The district has the powers and duties provided by the
454	447		general law of this state, including Chapter 57, Water Code,
455	448		applicable to levee improvement districts created under Section 59,
456	449		Article XVI, Texas Constitution.
457	450		Sec. 8496.104. AUTHORITY FOR ROAD PROJECTS. Under Section
458	451		52, Article III, Texas Constitution, the district may design,
459	452		acquire, construct, finance, issue bonds for, improve, operate,
460	453		maintain, and convey to this state, a county, or a municipality for
461	454		operation and maintenance macadamized, graveled, or paved roads, or
462	455		improvements, including storm drainage, in aid of those roads
463	456		inside or outside the district.
464	457		Sec. 8496.105. ROAD STANDARDS AND REQUIREMENTS. (a) A road
465	458		project must meet all applicable construction standards, zoning and
466	459		subdivision requirements, and regulations of each municipality in
467	460		whose corporate limits or extraterritorial jurisdiction the road
468	461		project is located.
469	462		(b) If a road project is not located in the corporate limits
470	463		or extraterritorial jurisdiction of a municipality, the road
471	464		project must meet all applicable construction standards,
472	465		subdivision requirements, and regulations of each county in which
473	466		the road project is located.
474	467		(c) If the state will maintain and operate the road, the
475	468		Texas Transportation Commission must approve the plans and
476	469		specifications of the road project.
477	470		Sec. 8496.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
478	471		OR RESOLUTION. The district shall comply with all applicable
479	472		requirements of any ordinance or resolution that is adopted under
480	473		Section 54.016 or 54.0165, Water Code, and that consents to the
481	474		creation of the district or to the inclusion of land in the
482	475		district.
483	476		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
484	477		Sec. 8496.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
485	478		district may issue, without an election, bonds and other
486	479		obligations secured by:
487	480		(1) revenue other than ad valorem taxes; or
488	481		(2) contract payments described by Section 8496.153.
489	482		(b) The district must hold an election in the manner
490	483		provided by Chapters 49 and 54, Water Code, to obtain voter approval
491	484		before the district may impose an ad valorem tax or issue bonds
492	485		payable from ad valorem taxes.
493	486		(c) The district may not issue bonds payable from ad valorem
494	487		taxes to finance a road project unless the issuance is approved by a
495	488		vote of a two-thirds majority of the district voters voting at an
496	489		election held for that purpose.
497	490		Sec. 8496.152. OPERATION AND MAINTENANCE TAX. (a) If
498	491		authorized at an election held under Section 8496.151, the district
499	492		may impose an operation and maintenance tax on taxable property in
500	493		the district in accordance with Section 49.107, Water Code.
501	494		(b) The board shall determine the tax rate. The rate may not
502	495		exceed the rate approved at the election.
503	496		Sec. 8496.153. CONTRACT TAXES. (a) In accordance with
504	497		Section 49.108, Water Code, the district may impose a tax other than
505	498		an operation and maintenance tax and use the revenue derived from
506	499		the tax to make payments under a contract after the provisions of
507	500		the contract have been approved by a majority of the district voters
508	501		voting at an election held for that purpose.
509	502		(b) A contract approved by the district voters may contain a
510	503		provision stating that the contract may be modified or amended by
511	504		the board without further voter approval.
512	505		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
513	506		Sec. 8496.201. AUTHORITY TO ISSUE BONDS AND OTHER
514	507		OBLIGATIONS. The district may issue bonds or other obligations
515	508		payable wholly or partly from ad valorem taxes, impact fees,
516	509		revenue, contract payments, grants, or other district money, or any
517	510		combination of those sources, to pay for any authorized district
518	511		purpose.
519	512		Sec. 8496.202. TAXES FOR BONDS. At the time the district
520	513		issues bonds payable wholly or partly from ad valorem taxes, the
521	514		board shall provide for the annual imposition of a continuing
522	515		direct ad valorem tax, without limit as to rate or amount, while all
523	516		or part of the bonds are outstanding as required and in the manner
524	517		provided by Sections 54.601 and 54.602, Water Code.
525	518		Sec. 8496.203. BONDS FOR ROAD PROJECTS. At the time of
526	519		issuance, the total principal amount of bonds or other obligations
527	520		issued or incurred to finance road projects and payable from ad
528	521		valorem taxes may not exceed one-fourth of the assessed value of the
529	522		real property in the district.
530	523		ARTICLE 2. METES AND BOUNDS
531	524		SECTION 2.01. FULSHEAR MUNICIPAL UTILITY DISTRICT NO.
532	525		4. The Fulshear Municipal Utility District No. 4 initially
533	526		includes all the territory contained in the following area:
534	527		A Field Note Description of 227.024 Acres of Land, being the
535	528		same call 227.08 Acre Tract of Land (Volume 1376, Page 598; Deed
536	529		Records of Fort Bend County, Texas), and being out of the original
537	530		W.J. Walker, Jr. call 318.91 Acre Tract in the David Randon & I.
538	531		Pennington League, Abstract No. 75, Fort Bend County, Texas.
539	532		For Connection Begin at the Northeast corner of said David
540	533		Randon & I. Pennington League, Abstract No. 75; THENCE, Call South
541	534		00deg.22'30" West, 2653.0 feet to a 5/8 inch capped iron rod stamped
542	535		"1535-4035" set marking the Northeast corner of and place of
543	536		beginning for this tract;
544	537		THENCE, South 00deg.17'17" East, along a wire fence line,
545	538		2420.0 feet to a 1 inch iron pipe found marking the Southeast corner
546	539		of this tract;
547	540		THENCE, North 89deg.59'30" West, along the North line of the
548	541		ELLIS CATTLE COMPANY DIVISION (an unrecorded subdivision), at 297.6
549	542		feet pass a Seaway Pipeline (Enterprise), at 305.4 feet pass
550	543		another Seaway Pipeline (Enterprise), at 330.1 feet pass the Exxon
551	544		Pipeline, continuing along a fence line, at 3754.49 feet pass the
552	545		Phillips Pipeline, at 3860.19 feet pass a 1 inch iron pipe found in
553	546		the East right-of-way line of Bois D' Arc Lane (width varies), in
554	547		all 3888.0 feet to a point in the center of said Bois D' Arc Lane
555	548		marking the Southwest corner of this tract; said point also marks
556	549		the Northwest corner of the Pamela Carr call 7.036 Acre Tractc (FBC
557	550		2006054222)
558	551		THENCE, North 00drg.40'36" East, 2580.18 feet along a line is
559	552		said Bois D' Arc Lane to a point marking the Northwest corner of
560	553		this tract;
561	554		THENCE, South 89deg.59'38" East, at 30.26 feet pass a 1 inch
562	555		iron pipe found in the East right-of-way line of said Bois D'Arc
563	556		Lane, then along the South line of BOIS D'ARC ESTATE ACRES (an
564	557		unrecorded subdivision), in all 2769.04 feet to a 1 inch iron pipe
565	558		found marking an angle point;
566	559		THENCE, South 81deg.31'45" East, passing said Exxon Pipeline
567	560		and two Seaway Pipelines (Enterprise), 1088.2 feet to the place of
568	561		beginning and containing 227.024 Acres of Land, including 1.720
569	562		Acres in Bois d' Arc Lane, leaving a net of 225.304, Acres.
570	563		SECTION 2.02. FULSHEAR MUNICIPAL UTILITY DISTRICT NO. 5.
571	564		The Fulshear Municipal Utility District No. 5 initially includes
572	565		all the territory contained in the following area:
573	566		A FIELD NOTE DESCRIPTION of a 636.76 acre tract of land in the
574	567		D. Randon & I. Pennington Survey, Abstract No. 75, and in the
575	568		Churchill Fulshear Survey, Abstract No. 29, Fort Bend County,
576	569		Texas; said 636.76 acre tract being that same called 635.1725 acre
577	570		tract of land conveyed to Highland Management, Inc., as recorded in
578	571		Volume 1438, Page 632 of the Fort Bend County Deed Records; said
579	572		tract being more particularly described by metes-and-bounds as
580	573		follows with the bearings being based on Texas State Plane
581	574		Coordinate System, South Central Zone (NAD83) per GPS Observations
582	575		using National Geodetic Survey Continuously Operating Reference
583	576		Stations:
584	577		COMMENCING FOR REFERENCE at a fence post found for the
585	578		northeast corner of a called 514.321 acre tract conveyed to said
586	579		Highland Management, Inc., as recorded in Volume 801, Page 410 of
587	580		the Fort Bend County Deed Records;
588	581		THENCE, South 88° 42' 45" West - 40.00 feet with the north line
589	582		of said 514.321 acre tract to a fence post broken off at ground
590	583		level found for the southeast corner of a 200.013 acre tract of land
591	584		conveyed to Highland Management, Inc., as recorded in Volume 1089,
592	585		Page 165 of the Fort Bend County Deed Records;
593	586		THENCE, North 01° 12' 55" West - 1,244.75 feet with the west
594	587		right-of-way line of Montgomery Road and with the east line of said
595	588		200.013 acre tract to a 5/8-inch iron rod with cap stamped
596	589		"T.E.A.M." set for an angle point;
597	590		THENCE, North 04° 04' 05" West - 116.45 feet with the west
598	591		right-of-way line of Montgomery Road and with the east line of said
599	592		200.013 acre tract to a TXDOT monument disk found corner;
600	593		THENCE, South 87° 26' 43" West - 48.23 feet with the south line
601	594		of a tract of land conveyed to the County of Fort Bend, as recorded
602	595		in Volume 2205, Page 1910 of the Fort Bend County Deed Records to a
603	596		5/8- inch iron rod with cap stamped "T.E.A.M." set for corner;
604	597		THENCE, North 02° 33' 17" West with the west line of said
605	598		County of Fort Bend tract, at a distance of 213.19 feet pass a
606	599		5/8-inch iron rod with cap stamped "T.E.A.M." set and continuing
607	600		for a total distance of 414.35 feet to a point for a south corner and
608	601		POINT OF BEGINNING of this tract;
609	602		THENCE the following courses and distances with the north
610	603		line of Cottonwood Slough:
611	604		1.) North 32° 21' 49" West - 134.59 feet to a 5/8-inch iron
612	605		rod with cap stamped "T.E.A.M." set;
613	606		2.) In a northwesterly direction with a curve to the left
614	607		having a radius of 175.00 feet, a central angel of 44° 24' 58", a
615	608		length of 135.66 feet, and a chord bearing North 54° 52' 13" West -
616	609		132.29 feet to a 5/8-inch iron rod with cap stamped "T.E.A.M." set;
617	610		3.) North 32° 39' 45" West - 177.53 feet to a 1-1/4-inch iron
618	611		pipe found;
619	612		THENCE the flowing courses and distances with a line parallel
620	613		to and approximately 200 feet north of the centerline of an existing
621	614		canal:
622	615		1.) In a southwesterly direction with a curve to the left
623	616		having a radius of 325.00 feet, a central angel of 38° 59' 02", a
624	617		length of 221.13 feet, and a chord bearing South 60° 28' 27" West -
625	618		216.89 feet to a 1-1/4- inch iron pipe found;
626	619		2.) South 41° 01' 32" West - 1,644.35 feet to a 1-1/4-inch
627	620		iron pipe found;
628	621		3.) In a westerly direction with a curve to the right having
629	622		a radius of 516.80 feet, a central angel of 61° 36' 54", a length of
630	623		555.76 feet, and a chord bearing South 71° 50' 37" West -529.36 feet
631	624		to a 5/8-inch iron rod with cap stamped "T.E.A.M." set;
632	625		4.) North 77° 20' 57" West - 288.00 feet to a 5/8-inch iron
633	626		rod with cap stamped "T.E.A.M." set;
634	627		5.) In a northwesterly direction with a curve to the right
635	628		having a radius of 771.50 feet, a central angel of 21° 11' 00", a
636	629		length of 285.24 feet, and a chord bearing North 66° 45' 27" West -
637	630		283.62 feet to a 1- 1/4-inch iron pipe found;
638	631		6.) North 56° 09' 57" West - 1,498.21 feet to a 1-1/4-inch
639	632		iron pipe found;
640	633		7.) In a northwesterly direction with a curve to the left
641	634		having a radius of 816.50 feet, a central angel of 13° 11' 30", a
642	635		length of 187.99 feet, and a chord bearing North 62° 35' 06" West -
643	636		187.57 feet to a 1-1/4- inch iron pipe found;
644	637		8.) North 69° 18' 32" West - 368.65 feet to a 1/2-inch iron
645	638		pipe found;
646	639		9.) North 72° 04' 49" West - 1,006.13 feet to a 5/8-inch iron
647	640		rod with cap stamped "T.E.A.M." set to replace a disturbed
648	641		1-1/4-inch iron pipe found for a southwest corner of this tract;
649	642		THENCE, North 01° 00' 37" West - 417.97 feet with the east line
650	643		of Gulf Coast Water Authority Pumping Station, as recorded in
651	644		Volume 138, Page 170 and Volume 121, Page 301 of the Fort Bend
652	645		County Deed Records to a 3/4-inch iron pipe found for an interior
653	646		corner of this tract;
654	647		THENCE, North 82° 42' 48" West -447.90 feet with the north
655	648		line of said Gulf Coast Water Authority Pumping Station to a
656	649		3/4-inch iron pipe found for an angle point of this tract;
657	650		THENCE, North 78° 57' 13" West with the north line of said Gulf
658	651		Coast Water Authority Pumping Station, at a distance of 485.02 feet
659	652		pass a 5/8-inch iron rod with cap stamped "T.E.A.M." set and
660	653		continuing for a total distance of 585.02 feet to a point for a west
661	654		corner of this tract;
662	655		THENCE, North 73° 20' 40" East -477.14 feet with the south
663	656		line of a tract of land conveyed to Transcontinental Gas Pipeline
664	657		Corporation, as recorded in Volume 272, Page 532 of the Fort Bend
665	658		County Deed Records, at a distance of 100 feet pass a 5/8-inch iron
666	659		rod with cap stamped "T.E.A.M." set and continuing for a total
667	660		distance of 477.14 feet to a 1/2-inch iron pipe found for an
668	661		interior corner of this tract;
669	662		THENCE, North 16° 39' 20" West - 150.00 feet with the east line
670	663		of said Transcontinental Gas Pipeline Corporation tract to a
671	664		5/8-inch iron rod with cap stamped "T.E.A.M." set for an interior
672	665		corner of this tract; from which a 1/2-inch iron pipe found bears
673	666		North 75° 16' 06" East -7.39 feet; also from which a 3/4-inch iron
674	667		pipe found bears North 75° 06' 23" West - 25.71 feet;
675	668		THENCE, South 73° 20' 40" West with the north line of said
676	669		Transcontinental Gas Pipeline Corporation tract, at a distance of
677	670		443.79 feet pass a 5/8-inch iron rod with cap stamped "T.E.A.M." set
678	671		and continuing for a total distance of 543.79 feet to a point in the
679	672		lowest bank of the Brazos River at the mature vegetation growth for
680	673		a southwest corner of this tract;
681	674		THENCE, the following two courses and distances along the
682	675		lowest bank of the Brazos River at the mature vegetation growth:
683	676		1.) North 28° 02' 36" West -416.20 feet to a point;
684	677		2.) North 22° 27' 03" West - 405.70 feet to a point in the
685	678		centerline of Fulshear Creek;
686	679		THENCE, with the centerline of said Fulshear Creek the
687	680		following twenty four courses and distances:
688	681		1.) North 05° 49' 46" East - 100.03 feet to a point;
689	682		2.) North 10° 15' 10" East - 49.43 feet to a point;
690	683		3.) North 01° 08' 50" West - 153.09 feet to a point;
691	684		4.) North 17° 00' 01" West - 61.41 feet to a point;
692	685		5.) North 26° 45' 17" West - 239.18 feet to a point;
693	686		6.) North 01° 17' 17" East - 113.22 feet to a point;
694	687		7.) North 24° 32' 42" East - 108.82 feet to a point;
695	688		8.) North 37° 42' 16" East - 136.42 feet to a point;
696	689		9.) North 56° 21' 03" East - 94.64 feet to a point;
697	690		10.) North 75° 04' 37" East - 115.64 feet to a point;
698	691		11.) North 58° 04' 04" East - 72.09 feet to a point;
699	692		12.) North 16° 14' 40" East - 41.14 feet to a point;
700	693		13.) North 06° 12' 56" West - 65.26 feet to a point;
701	694		14.) North 19° 51' 43" West - 35.03 feet to a point;
702	695		15.) North 29° 54' 57" West - 25.60 feet to a point;
703	696		16.) North 17° 09' 05" West - 64.07 feet to a point;
704	697		17.) North 07° 30' 33" West - 113.18 feet to a point;
705	698		18.) North 20° 21' 38" West - 145.53 feet to a point;
706	699		19.) North 23° 57' 03" West - 80.13 feet to a point;
707	700		20.) North 30° 00' 50" West - 152.00 feet to a point;
708	701		21.) North 19° 40' 07" West - 45.93 feet to a point;
709	702		22.) North 02° 27' 59" East - 92.84 feet to a point;
710	703		23.) North 05° 08' 30" West - 139.91 feet to a point;
711	704		24.) North 15° 23' 49" East - 67.42 feet to a point for a
712	705		northwest corner of this tract;
713	706		THENCE, North 89° 40' 14" East, at a distance of 159.51 feet
714	707		pass a car axle found and continuing for a total distance of 655.88
715	708		feet with the south line of a tract of land conveyed to Jeffrey
716	709		Jacob Schaatt, as recorded in Fort Bend County Clerk's File
717	710		No. 9440230 to a 5/8-inch iron rod with cap stamped "T.E.A.M." set
718	711		for an angle point of this tract;
719	712		THENCE, North 88° 58' 48" East - 633.16 feet with the south
720	713		line of a 9.44 acre tract, as surveyed by Charlie Kalkomey, RPLS
721	714		No. 1399, on October 16, 2003, to a flat iron bar found for an
722	715		interior corner of this tract;
723	716		THENCE, North 01° 31' 53" West - 451.97 feet with the east line
724	717		of said 9.44 acre tract to a 5/8-inch iron rod with cap stamped
725	718		"T.E.A.M." set for a northwest corner of this tract; from which a
726	719		3/4-inch iron pipe found bears North 68° 23' 31" East - 1.21 feet;
727	720		THENCE, North 68° 23' 31" East - 669.50 feet with the south
728	721		line of a 38.27 acre tract conveyed to Dan J. Harrison, Jr., as
729	722		recorded in Volume 512, Page 107 of the Fort Bend County Deed
730	723		Records to a 3/4-inch iron pipe found for an angle point of this
731	724		tract;
732	725		THENCE, North 69° 32' 30" East - 155.02 feet with the south
733	726		line of a 18.35 acre tract of land conveyed to Dan J. Harrison, Jr,
734	727		as recorded in Volume 512, Page 110 of the Fort Bend County Deed
735	728		Records and with the south line of a 2.83 acre tract of land
736	729		conveyed to Harrison Interests, Ltd., as recorded in Fort Bend
737	730		County Clerk's File No. 9669126 to a 3/4-inch iron pipe found for an
738	731		angle point of this tract;
739	732		THENCE, North 87° 47' 02" East - 378.33 feet with the south
740	733		line of said Harrison Interests, Ltd. tract and with the south line
741	734		of a 1.0 acre tract of land conveyed to Dan J. Harrison III, as
742	735		recorded in Fort Bend County Clerk's File No. 2007136540 to a
743	736		1-1/4-inch iron pipe found for a northeast corner of this tract;
744	737		THENCE, South 01° 35' 13" East with the west line of a tract of
745	738		land conveyed to Derrick B. Woods and Gloria Kelly, as recorded in
746	739		Fort Bend County Clerk's File No. 2007013056, at a distance of
747	740		750.90 feet pass a 3/4-inch iron pipe found and continuing for a
748	741		total distance of 1,478.13 feet with the west line of a tract of
749	742		land conveyed to Laura Monroe, as recorded in Fort Bend County
750	743		Clerk's File No. 2002085617 to a 5/8-inch iron rod with cap stamped
751	744		"T.E.A.M." set for an interior corner of this tract;
752	745		THENCE, North 88° 15' 42" East with the south line of said
753	746		Laura Monroe tract, at a distance of 654.48 feet pass a 5/8-inch
754	747		iron rod with cap stamped "1943 4349" found and continuing for a
755	748		total distance of 773.44 feet to a 5/8-inch iron rod with cap
756	749		stamped "1943 4349" found for a northeast corner of this tract; from
757	750		which a 1- 1/4-inch iron pipe found bears South 78° 16' 03" West -
758	751		6.68 feet;
759	752		THENCE, South 00° 48' 50" East - 905.14 feet with the west line
760	753		of a tract of land conveyed to Kimberly J. Renshaw, Trustee, as
761	754		recorded in Fort Bend County Clerk's File No. 2003116900 and as
762	755		surveyed by C. Tim Griffith, RPLS No. 4349 on December 09, 2002, to
763	756		a 5/8-inch iron rod with cap stamped "1048 4948" found for an
764	757		interior corner of this tract; from which a 1-1/4-inch iron pipe
765	758		found bears South 83° 55' 10" West - 15.65 feet;
766	759		THENCE, North 88° 14' 41" East - 529.27 feet with the south
767	760		line of said Kimberly J. Renshaw tract, as surveyed by said C. Tim
768	761		Griffith to a 5/8-inch iron rod found for an interior corner of this
769	762		tract; from which a 1- inch iron pipe found bears South 71° 00' 07"
770	763		West - 9.87 feet;
771	764		THENCE, North 00° 48' 32" West with the east line of said
772	765		Kimberly J. Renshaw tract, as surveyed by said C. Tim Griffith, at a
773	766		distance of 904.99 feet pass a 5/8-inch iron rod with cap stamped
774	767		"Kaluza" found and continuing for a total distance of 1,631.92 feet
775	768		to a 3/4-inch iron rod found for an angle point of this tract;
776	769		THENCE, North 00° 23' 13" West - 525.84 feet with the east line
777	770		of said Derrick B. Woods and Gloria Kelly tract to a 1-1/4-inch iron
778	771		pipe found in the south right-of-way line of Red Bird Lane for a
779	772		northwest corner of this tract;
780	773		THENCE, North 83° 40' 55" East - 627.27 feet with the south
781	774		right-of-way line of said Red Bird Lane to a 1-1/4-inch iron pipe
782	775		found for an angle point of this tract;
783	776		THENCE, North 80° 56' 53" East - 340.41 feet with the south
784	777		right-of-way line of said Red Bird Lane to a 3/4-inch iron pipe
785	778		found for an angle point of this tract;
786	779		THENCE, North 69° 57' 23" East - 213.19 feet with the south
787	780		right-of-way line of said Red Bird Lane to a 1-1/4-inch iron pipe
788	781		found for an angle point of this tract;
789	782		THENCE, North 88° 34' 50" East - 754.52 feet with the south
790	783		right-of-way line of said Red Bird Lane to a 1-1/4-inch iron pipe
791	784		found for a northeast corner of this tract; from which a 3/4-inch
792	785		iron pipe found bears North 13° 42' 36" East - 28.03 feet
793	786		THENCE, South 00° 49' 07" East - 152.65 feet to a point in
794	787		Cottonwood Slough for an interior corner of this tract;
795	788		THENCE, North 89° 11' 54" East - 516.40 feet to a 5/8-inch iron
796	789		rod with cap stamped "T.E.A.M." set for a northeast corner of this
797	790		tract;
798	791		THENCE, South 01° 11' 18" East - 178.00 feet with the west line
799	792		said Pleasant Hill Cemetery, as recorded in Fort Bend County
800	793		Clerk's File No. 2002098914 to a point in Cottonwood Creek for an
801	794		interior corner of this tract;
802	795		THENCE, North 83° 23' 44" East - 489.40 feet with the south
803	796		line of said Pleasant Hill Cemetery to a 1- 1/4-inch iron pipe found
804	797		for a northeast corner of this tract;
805	798		THENCE, South 00° 31' 15" East - 2,678.08 feet with the east
806	799		line of said 635.1725 acre tract and with the west right-of-way line
807	800		of Bois D'Arc Lane to a 1-1/4-inch iron pipe found for an angle
808	801		point of this tract;
809	802		THENCE, South 02° 20' 36" East feet with the east line of said
810	803		635.1725 acre tract and with the west right-of-way line of said Bois
811	804		D'Arc Lane, at a distance of 1,32.24 feet pass a 3/4-inch iron pipe
812	805		found and continuing for a total distance of 1,702.81 feet to a
813	806		TXDOT monument disk found for a southeast corner of this tract;
814	807		THENCE, South 87° 26' 43" West - 37.53 feet with the north line
815	808		of said County of Fort Bend tract to a TXDOT monument disk found for
816	809		an interior corner of this tract;
817	810		THENCE, South 02° 33' 17" East - 7.65 feet with the west line
818	811		of said County of Fort Bend tract to the POINT OF BEGINNING and
819	812		containing 636.76 acres
820	813		SECTION 2.03. FULSHEAR MUNICIPAL UTILITY DISTRICT NO. 6.
821	814		The Fulshear Municipal Utility District No. 6 initially includes
822	815		all the territory contained in the following area:
823	816		A FIELD NOTE DESCRIPTION of a 631.62 acre tract of land in the
824	817		D. Randon & I. Pennington Survey, Abstract No. 75, and in the
825	818		Churchill Fulshear Survey, Abstract No. 29, Fort Bend County,
826	819		Texas; said 631.62 acre tract being all of called 200.013 acre tract
827	820		of land conveyed to Highland Management, Inc., as recorded in
828	821		Volume 1089, Page 165 of the Fort Bend County Deed Records, and
829	822		being out of a called 514.321 acre tract of land conveyed to
830	823		Highland Management, Inc., as recorded in Volume 801, Page 410 of
831	824		the Fort Bend County Deed Records; said tract being more
832	825		particularly described by metes-and-bounds as follows with the
833	826		bearings being based on Texas State Plane Coordinate System, South
834	827		Central Zone (NAD83) per GPS Observations using National Geodetic
835	828		Survey Continuously Operating Reference Stations:
836	829		BEGINNING at a fence post found for the northeast corner of
837	830		said called 514.321 acre tract for a northeast corner of this tract;
838	831		THENCE, South 01° 42' 53" East - 5,953.33 feet with the east
839	832		line of said 514.321 acre tract to a point for a southeast corner of
840	833		this tract; from which a 5/8-inch iron rod with cap stamped
841	834		"T.E.A.M." set bears South 01° 42' 53" East - 1,411.13 feet;
842	835		THENCE, South 89° 17' 07" West - 1,992.07 feet to a point in
843	836		the lowest bank of the Brazos River at the mature vegetation growth
844	837		for the southwest corner of this tract;
845	838		THENCE, the following courses and distances along the lowest
846	839		bank of the Brazos River at the mature vegetation growth:
847	840		1. North 03° 11' 41" West - 430.76 feet;
848	841		2. North 06° 04' 31" East - 26.26 feet;
849	842		3. North 12° 54' 35" West - 565.76 feet;
850	843		4. North 22° 25' 36" West - 644.88 feet;
851	844		5. North 27° 40' 58" West - 307.69 feet;
852	845		6. North 29° 38' 28" West - 437.35 feet;
853	846		7. North 31° 48' 49" West - 627.73 feet;
854	847		8. North 38° 31' 29" West - 562.58 feet;
855	848		9. North 46° 01' 27" West - 449.81 feet;
856	849		10. North 45° 15' 08" West - 697.67 feet;
857	850		11. North 48° 07' 57" West - 497.49 feet;
858	851		12. North 50° 57' 15" West - 593.34 feet;
859	852		13. North 68° 49' 05" West - 424.90 feet;
860	853		14. North 53° 29' 12" West - 562.34 feet;
861	854		15. North 34° 16' 18" West - 808.37 feet;
862	855		16. North 15° 44' 19" West - 467.54 feet to a point for a
863	856		northwest corner of this tract;
864	857		THENCE, North 87° 31' 50" East - 1,007.16 feet with the south
865	858		line of a Gulf Coast Water Authority Pumping Station, as recorded in
866	859		Volume 138, Page 170 and Volume 121, Page 301 of the Fort Bend
867	860		County Deed Records to a 3/4-inch iron pipe found for an interior
868	861		corner of this tract;
869	862		THENCE, North 03° 56' 57" West - 625.49 feet with the east line
870	863		of said Gulf Coast Water Authority Pumping Station and with the west
871	864		line of said 200.013 acre tract to a 3/4-inch iron pipe found for an
872	865		angle point of this tract;
873	866		THENCE, North 05° 00' 40" West - 776.08 feet with the east line
874	867		of said Gulf Coast Water Authority Pumping Station and with the west
875	868		line of said 200.013 acre tract to a point in a 54-inch pecan tree
876	869		for an angle point of this tract;
877	870		THENCE, North 17° 29' 55" East - 43.79 feet with the east line
878	871		of said Gulf Coast Water Authority Pumping Station and with the west
879	872		line of said 200.013 acre tract to a fence post found for an angle
880	873		point of this tract;
881	874		THENCE, North 00° 21' 32" West - 46.08 feet with the east line
882	875		of said Gulf Coast Water Authority Pumping Station and with the west
883	876		line of said 200.013 acre tract to a 5/8-inch iron rod with cap
884	877		stamped "T.E.A.M." set for a northwest corner of this tract; from
885	878		which a 1/2-inch iron pipe found bears South 00° 21' 32" East - 7.66
886	879		feet;
887	880		THENCE, the following ten courses and distances with a line
888	881		parallel to and approximately 50 feet south of the centerline of an
889	882		existing canal:
890	883		1.) South 72° 04' 49" East - 894.48 feet to a 5/8-inch iron
891	884		rod with cap stamped "T.E.A.M." set;
892	885		2.) South 69° 18' 32" East - 362.30 feet to a 5/8-inch iron
893	886		rod with cap stamped "T.E.A.M." set;
894	887		3.) In a southeasterly direction with a curve to the right
895	888		having a radius of 566.50 feet, a central angle of 13° 12' 05", a
896	889		length of 130.53 feet and a chord bearing South 62° 33' 16" East -
897	890		130.24 feet;
898	891		4.) South 56° 09' 57" East - 1,498.63 feet to a 5/8-inch iron
899	892		rod with cap stamped "T.E.A.M." set;
900	893		5.) In a southeasterly direction with a curve to the left
901	894		having a radius of 1,021.50 feet, a central angle of 21° 11' 00", a
902	895		length of 377.67 feet and a chord bearing South 66° 45' 27" East -
903	896		375.52 feet to a 5/8-inch iron rod with cap stamped "T.E.A.M." set;
904	897		6.) South 77° 20' 57" East - 288.00 feet to a 5/8-inch iron
905	898		rod with cap stamped "T.E.A.M." set;
906	899		7.) In a northeasterly direction with a curve to the left
907	900		having a radius of 766.80 feet, a central angle of 61° 38' 12", a
908	901		length of 824.90 feet and a chord bearing North 71° 49' 58" East -
909	902		785.69 feet to a 5/8-inch iron rod with cap stamped "T.E.A.M." set;
910	903		8.) North 41° 01' 32" East - 1,644.40 feet to a 5/8-inch iron
911	904		rod with cap stamped "T.E.A.M." set;
912	905		9.) In an easterly direction with a curve to the right
913	906		having a radius of 75.00 feet, a central angle of 106° 36' 38", a
914	907		length of 139.55 feet and a chord bearing South 85° 40' 08" East -
915	908		120.27 feet to a 5/8-inch iron rod with cap stamped "T.E.A.M." set;
916	909		10.) South 32° 21' 49" East - 308.27 feet to a 5/8-inch iron
917	910		rod with cap stamped "T.E.A.M." set for an angle point;
918	911		THENCE, South 02° 33' 17" East - 213.19 feet with the west line
919	912		of a tract of land conveyed to the County of Fort Bend, as recorded
920	913		in Volume 2205, Page 1910 of the Fort Bend County Deed Records to a
921	914		5/8-inch iron rod with cap stamped "T.E.A.M."'set for an interior
922	915		corner of this tract;
923	916		THENCE, North 87° 26' 43" East - 48.23 feet to a TXDOT disk
924	917		found for a northeast corner of this tract;
925	918		THENCE, South 04° 04' 05" East - 116.45 feet with the east line
926	919		of said 200.013 acre tract and with the west right-of-way line
927	920		Montgomery Road to a 5/8-inch iron rod with cap stamped "T.E.A.M."
928	921		set for an angle point of this tract;
929	922		THENCE, South 01° 12' 55" East - 1,244.75 feet with the east
930	923		line of said 200.013 acre tract and with the west right-of-way line
931	924		Montgomery Road to a fence post broken off at ground level found for
932	925		the southeast corner of said 200.013 acre tract and for an interior
933	926		corner of this tract;
934	927		THENCE, North 88° 42' 45" East - 40.00 feet with the north line
935	928		of said 514.321 acre tract to the POINT OF BEGINNING and containing
936	929		631.62 acres of land.
937	930		ARTICLE 3. LEGAL NOTICE, EMINENT DOMAIN, AND EFFECTIVE DATE
938	931		SECTION 3.01. (a) The legal notice of the intention to
939	932		introduce this Act, setting forth the general substance of this
940	933		Act, has been published as provided by law, and the notice and a
941	934		copy of this Act have been furnished to all persons, agencies,
942	935		officials, or entities to which they are required to be furnished
943	936		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
944	937		Government Code.
945	938		(b) The governor, one of the required recipients, has
946	939		submitted the notice and Act to the Texas Commission on
947	940		Environmental Quality.
948	941		(c) The Texas Commission on Environmental Quality has filed
949	942		its recommendations relating to this Act with the governor, the
950	943		lieutenant governor, and the speaker of the house of
951	944		representatives within the required time.
952	945		(d) All requirements of the constitution and laws of this
953	946		state and the rules and procedures of the legislature with respect
954	947		to the notice, introduction, and passage of this Act are fulfilled
955	948		and accomplished.
956	949		SECTION 3.02. (a) If this Act does not receive a two-thirds
957	950		vote of all the members elected to each house, Subchapter C, Chapter
958	951		8494, Special District Local Laws Code, as added by Section 1.01 of
959	952		this Act, is amended by adding Section 8494.106 to read as follows:
960	953		Sec. 8494.106. NO EMINENT DOMAIN POWER. The district may
961	954		not exercise the power of eminent domain.
962	955		(b) This section is not intended to be an expression of a
963	956		legislative interpretation of the requirements of Section 17(c),
964	957		Article I, Texas Constitution.
965	958		SECTION 3.03. (a) If this Act does not receive a two-thirds
966	959		vote of all the members elected to each house, Subchapter C, Chapter
967	960		8495, Special District Local Laws Code, as added by Section 1.02 of
968	961		this Act, is amended by adding Section 8495.107 to read as follows:
969	962		Sec. 8495.107. NO EMINENT DOMAIN POWER. The district may
970	963		not exercise the power of eminent domain.
971	964		(b) This section is not intended to be an expression of a
972	965		legislative interpretation of the requirements of Section 17(c),
973	966		Article I, Texas Constitution.
974	967		SECTION 3.04. (a) If this Act does not receive a two-thirds
975	968		vote of all the members elected to each house, Subchapter C, Chapter
976	969		8496, Special District Local Laws Code, as added by Section 1.03 of
977	970		this Act, is amended by adding Section 8496.107 to read as follows:
978	971		Sec. 8496.107. NO EMINENT DOMAIN POWER. The district may
979	972		not exercise the power of eminent domain.
980	973		(b) This section is not intended to be an expression of a
981	974		legislative interpretation of the requirements of Section 17(c),
982	975		Article I, Texas Constitution.
983	976		SECTION 3.05. This Act takes effect September 1, 2015.
984		-	* * * * *
	977	+	______________________________ ______________________________
	978	+	President of the Senate Speaker of the House
	979	+	I certify that H.B. No. 2091 was passed by the House on April
	980	+	30, 2015, by the following vote: Yeas 139, Nays 0, 1 present, not
	981	+	voting.
	982	+	______________________________
	983	+	Chief Clerk of the House
	984	+	I certify that H.B. No. 2091 was passed by the Senate on May
	985	+	27, 2015, by the following vote: Yeas 30, Nays 1.
	986	+	______________________________
	987	+	Secretary of the Senate
	988	+	APPROVED: _____________________
	989	+	Date
	990	+	_____________________
	991	+	Governor