Texas 2015 - 84th Regular

Texas House Bill HB4174 Compare Versions

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Version 2 (New)

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1		-	By: Reynolds (Senate Sponsor - Ellis) H.B. No. 4174
2		-	(In the Senate - Received from the House May 18, 2015;
3		-	May 18, 2015, read first time and referred to Committee on
4		-	Agriculture, Water, and Rural Affairs; May 24, 2015, reported
5		-	favorably by the following vote: Yeas 6, Nays 0; May 24, 2015, sent
6		-	to printer.)
	1	+	H.B. No. 4174
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to the creation of a defined area in the Fort Bend County
12	6		Water Control and Improvement District No. 2; providing authority
13	7		to issue bonds; providing authority to impose assessments, fees,
14	8		and taxes.
15	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	10		SECTION 1. Chapter 312, Acts of the 57th Legislature,
17	11		Regular Session, 1961, is amended by adding Sections 9 through 22 to
18	12		read as follows:
19	13		Sec. 9. DEFINED AREA: CREATION OF DEFINED AREA;
20	14		DESIGNATION. (a) A defined area is created in the district.
21	15		(b) The defined area is designated to pay for improvements,
22	16		facilities, or services that primarily benefit the defined area and
23	17		do not generally benefit the district as a whole.
24	18		Sec. 10. DEFINED AREA: INITIAL TERRITORY. (a) The defined
25	19		area is initially composed of the territory described by Section 2
26	20		of the Act enacting this section.
27	21		(b) The boundaries and field notes contained in Section 2 of
28	22		the Act enacting this section form a closure. A mistake made in the
29	23		field notes or in copying the field notes in the legislative process
30	24		does not affect:
31	25		(1) the defined area's organization, existence, or
32	26		validity;
33	27		(2) the district's right to issue any type of bond or
34	28		obligation for the purposes for which the defined area is
35	29		designated, including to pay the principal of and interest on a
36	30		bond;
37	31		(3) the district's right to impose or collect a tax in
38	32		the defined area; or
39	33		(4) the legality or operation of the defined area or
40	34		the district.
41	35		Sec. 11. DEFINED AREA: EXCLUSION OF LAND. Subject to the
42	36		City of Stafford providing written consent by ordinance or
43	37		resolution, the district may exclude land from the defined area in
44	38		the same manner as the district may exclude land from the district.
45	39		Sec. 12. DEFINED AREA: PROCEDURE FOR ELECTION. (a) Before
46	40		the district may impose an ad valorem tax or issue bonds payable
47	41		from ad valorem taxes of the defined area described by Section 9,
48	42		the governing body of the district shall call and hold an election
49	43		in the defined area only.
50	44		(b) The governing body of the district may submit the
51	45		proposition to the voters on the same ballot to be used in another
52	46		election.
53	47		Sec. 13. DEFINED AREA: TAXES FOR SERVICES, IMPROVEMENTS,
54	48		AND FACILITIES. On approval of the qualified voters in the defined
55	49		area, the district may apply separately, differently, equitably,
56	50		and specifically its taxing power and lien authority to the defined
57	51		area to provide money to construct, administer, maintain, and
58	52		operate services, improvements, and facilities that primarily
59	53		benefit the defined area.
60	54		Sec. 14. DEFINED AREA: ISSUANCE OF BONDS. On approval of
61	55		the qualified voters in the defined area, the district may issue
62	56		bonds to provide for any land, improvements, facilities, plants,
63	57		equipment, and appliances for the defined area.
64	58		Sec. 15. DEFINED AREA: POWERS AND DUTIES. (a) For the
65	59		benefit of the defined area, the district has the powers and duties
66	60		provided by the general law of this state necessary to accomplish
67	61		the purposes of:
68	62		(1) Section 59, Article XVI, Texas Constitution;
69	63		(2) Section 52, Article III, Texas Constitution,
70	64		applicable to the construction, acquisition, improvement,
71	65		operation, or maintenance of macadamized, graveled, or paved roads,
72	66		or improvements, including storm drainage, in aid of those roads;
73	67		and
74	68		(3) except as provided by this chapter, Chapters 49
75	69		and 51, Water Code, applicable to water control and improvement
76	70		districts created under Section 59, Article XVI, Texas
77	71		Constitution.
78	72		(b) Except as provided by Subsection (c), the governing body
79	73		of the district shall administer the defined area as provided by
80	74		Chapter 51, Water Code.
81	75		(c) Sections 51.518, 51.519, 51.520, 51.521, 51.522,
82	76		51.523, 51.524, 51.526, 51.527, 51.528, and 51.529, Water Code, do
83	77		not apply to the district.
84	78		Sec. 16. DEFINED AREA: AUTHORITY FOR ROAD PROJECTS. Under
85	79		Section 52, Article III, Texas Constitution, for the benefit of the
86	80		defined area, the district may design, acquire, construct, finance,
87	81		issue bonds for, improve, operate, maintain, and convey to this
88	82		state, a county, or a municipality for operation and maintenance
89	83		macadamized, graveled, or paved roads, or improvements, including
90	84		storm drainage, in aid of those roads, including roads located
91	85		outside the boundaries of the defined area that benefit the defined
92	86		area.
93	87		Sec. 17. DEFINED AREA: ROAD STANDARDS AND REQUIREMENTS. A
94	88		road project must meet all applicable construction standards,
95	89		zoning and subdivision requirements, and regulations of each
96	90		municipality in whose corporate limits or extraterritorial
97	91		jurisdiction the road project is located.
98	92		Sec. 18. DEFINED AREA: IMPROVEMENT PROJECTS AND SERVICES.
99	93		For the benefit of the defined area, the district may provide,
100	94		design, construct, acquire, improve, relocate, operate, maintain,
101	95		or finance an improvement project or service using any money
102	96		available to the district, or contract with a governmental or
103	97		private entity to provide, design, construct, acquire, improve,
104	98		relocate, operate, maintain, or finance an improvement project or
105	99		service authorized under this chapter.
106	100		Sec. 19. DEFINED AREA: ELECTIONS REGARDING TAXES AND
107	101		BONDS. (a) For the benefit of the defined area, the district may
108	102		issue, without an election, bonds, notes, and other obligations
109	103		secured by revenue other than ad valorem taxes.
110	104		(b) The district must hold an election in the defined area
111	105		to obtain approval of the qualified voters of the defined area
112	106		before the district may impose an ad valorem tax or issue bonds
113	107		payable from ad valorem taxes in the defined area.
114	108		(c) An election under this section does not require that an
115	109		election be held in the part of the district located outside the
116	110		defined area.
117	111		(d) All or any part of any facilities or improvements that
118	112		may be acquired by a district by the issuance of its bonds may be
119	113		submitted as a single proposition or as several propositions to be
120	114		voted on at the election.
121	115		Sec. 20. DEFINED AREA: OPERATION AND MAINTENANCE TAX.
122	116		(a) If authorized by a majority of the voters in the defined area
123	117		voting at an election held in accordance with Section 19, the
124	118		district may impose an operation and maintenance tax on taxable
125	119		property in the defined area in accordance with Section 49.107,
126	120		Water Code, for any district purpose, including to:
127	121		(1) maintain and operate the defined area;
128	122		(2) construct or acquire improvements; or
129	123		(3) provide a service.
130	124		(b) The governing body of the district shall determine the
131	125		tax rate. The rate may not exceed the rate approved at the
132	126		election.
133	127		(c) Section 49.107(h), Water Code, does not apply to the
134	128		district.
135	129		Sec. 21. DEFINED AREA: AUTHORITY TO BORROW MONEY AND TO
136	130		ISSUE BONDS AND OTHER OBLIGATIONS. (a) For the benefit of the
137	131		defined area, the district may borrow money on terms determined by
138	132		the governing body of the district.
139	133		(b) The district may issue bonds, notes, or other
140	134		obligations payable wholly or partly from ad valorem taxes, impact
141	135		fees, revenue, grants, or other district money, or any combination
142	136		of those sources of money from the defined area, to pay for any
143	137		authorized district purpose.
144	138		(c) The limitation on the outstanding principal amount of
145	139		bonds, notes, and other obligations provided by Section 49.4645,
146	140		Water Code, does not apply to the district.
147	141		(d) The district must obtain approval from the Texas
148	142		Commission on Environmental Quality as provided by Chapter 49,
149	143		Water Code, before the district issues bonds to provide water,
150	144		sewer, or drainage facilities for the benefit of the defined area.
151	145		Sec. 22. DEFINED AREA: TAXES FOR BONDS. At the time the
152	146		district issues bonds payable wholly or partly from ad valorem
153	147		taxes from the defined area, the governing body of the district
154	148		shall provide for the annual imposition of a continuing direct
155	149		annual ad valorem tax, without limit as to rate or amount, for each
156	150		year that all or part of the bonds are outstanding as required and
157	151		in the manner provided by Sections 51.433 and 51.436, Water Code.
158	152		SECTION 2. The defined area of the Fort Bend County Water
159	153		Control and Improvement District No. 2 initially includes all
160	154		territory contained in the following area:
161	155		SITUATED in the City of Stafford, Texas and in the Thomas J.
162	156		Nichols Survey, Abstract No. 296 and the James Alston Survey,
163	157		Abstract No. 101 of Fort Bend County, Texas and being all of RESERVE
164	158		A and RESERVE B of TEXAS INSTRUMENTS, an addition to the City of
165	159		Stafford, according to the Final Plat thereof, recorded under Plat
166	160		No. 20130165 of the Plat Records of Fort Bend County, Texas and said
167	161		RESERVE A being part of that certain called 193.3692 acre tract of
168	162		land described as "Tract No. 1" in a deed recorded in Volume 450,
169	163		Page 467 of the Deed Records of Fort Bend County, Texas (DRFBCT) and
170	164		part of that certain called 9.2730 acre tract of land described as
171	165		"Tract A" and also part of that certain called 15.2574 acre tract of
172	166		land described as "Tract B" in a deed recorded in Volume 460, Page
173	167		202, DRFBCT and RESERVE B being part of that certain called 7.6923
174	168		acre tract of land described as "Tract No. 2" in the above described
175	169		deed recorded in Volume 450, Page 467, DRFBCT and also included is
176	170		all of that 35 foot strip of land lying between RESERVE A and
177	171		RESERVE B as described in a deed to Texas Instruments Incorporated,
178	172		recorded in Volume 561, Page 201, DRFBCT and the consolidation of
179	173		these three tract of land being more particularly described by
180	174		metes & bounds as follows:
181	175		BEGINNING at a 1/2" iron pipe found for the southeast corner
182	176		of said RESERVE A, on the west right-of-way line of Murphy Road
183	177		(120' R.O.W.) and said point also being the northeast corner of
184	178		Greenbrier Southwest Subdivision Section 4 as recorded in Volume
185	179		23, Page 24 of the Plat Records of Fort Bend County, Texas (PRFBCT)
186	180		said point also being on the south line of the above referenced
187	181		15.2574 acre tract;
188	182		THENCE: South 89 deg. 50 min. 48 sec. West (Reference
189	183		Bearing), along the south line of said RESERVE A and the above
190	184		described 15.2574 acre tract and along the north line of said
191	185		Greenbriar Southwest Subdivision Section 4 as well as the north
192	186		lines of Greenbrier Southwest Subdivision Section 3, recorded in
193	187		Volume 22, Page 23, PRFBCT; Greenbrier Southwest Subdivision
194	188		Section 2, recorded in Volume 11, Page 14, PRFBCT and Greenbrier
195	189		Southwest Subdivision Section 1, recorded in Volume 9, Page 9,
196	190		PRFBCT, a distance of 4,779.75 feet to a 1/2" iron pipe found for
197	191		the most southerly southwest corner of the above described RESERVE
198	192		A and said point being in the east right-of-way line of Kirkwood
199	193		Road (variable width R.O.W.) said point also being in a curve having
200	194		a radius of 1,349.40 feet and a chord that bears North 12 deg. 06
201	195		min. 47 sec. West - 401.17 feet;
202	196		THENCE: In a northerly direction along the east line of said
203	197		Kirkwood Road and with said curve to the left, through a total
204	198		central angle of 17 deg. 05 min. 50 sec., at an arc distance of
205	199		304.42 feet, passing a 1/2 inch iron rod, topped with a red plastic
206	200		cap stamped "RPLS 4701", found for the most westerly southwest
207	201		corner of said RESERVE A and the southeast corner of the above
208	202		described 35 foot strip of land and continuing along said curve to
209	203		the left for a total arc distance of 402.66 feet to a point for
210	204		corner at the end of said curve;
211	205		THENCE: North 21 deg. 32 min. 05 sec. West, continuing along
212	206		the east right-of-way line of said Kirkwood Road, at 10.78 feet,
213	207		passing a 3/4 inch iron rod found for the southwest corner of said
214	208		35 foot strip of land and the most southerly corner of the above
215	209		described RESERVE B and continuing on for a total distance 387.89
216	210		feet 3/4 inch iron rod found for corner on the southeast
217	211		right-of-way line of U.S. Highway 59;
218	212		THENCE: North 19 deg. 54 min. 57 sec. East, along the
219	213		southeast right-of-way line of said U. S. Highway 59, a distance of
220	214		58.89 feet to a 3/4 inch iron rod found for corner;
221	215		THENCE: North 43 deg. 59 min. 43 sec. East, continuing along
222	216		the southeast right-of-way line of said U.S. Highway 59, a distance
223	217		of 168.94 feet to a 3/4 inch iron rod found for the northerly corner
224	218		of said RESERVE B and same being the northwest corner of said 35
225	219		foot strip of land;
226	220		THENCE: North 43 deg. 59 min. 43 sec. East, continuing along
227	221		the southeast right-of-way line of said U.S. Highway 59 and across
228	222		said 35 foot strip of land, a distance of 50.34 feet to a 3/4 inch
229	223		iron rod found for the northeast corner of said 35 foot strip of
230	224		land and the most westerly northwest corner of said RESERVE A;
231	225		THENCE: in a northeasterly direction with the common line of
232	226		said RESERVE A and said U.S. Highway 59 as follows:
233	227		North 44 deg. 17 min. 43 sec. East, a distance of 15.54
234	228		feet to a 3/4 inch iron rod found for corner;
235	229		North 45 deg. 24 min. 47 sec. East, a distance of 400.27
236	230		feet to a 3/4 inch iron rod found for corner;
237	231		North 43 deg. 57 min. 06 sec. East, a distance of
238	232		1,149.58 feet to a 3/4 inch iron rod found for corner;
239	233		North 47 deg. 35 min. 26 sec. East, a distance of 390.48
240	234		feet to a aluminum right-of-way monument found for corner;
241	235		North 44 deg. 03 min. 15 sec. East, a distance of 160.95
242	236		feet to a 3/4 inch iron rod found for corner;
243	237		North 88 deg. 51 min. 59 sec. East, a distance of 42.50
244	238		feet to a 3/4 inch iron rod found for corner;
245	239		South 46 deg. 06 min. 09 sec. East, a distance of 102.61
246	240		feet to a aluminum right-of-way monument found for corner;
247	241		South 52 deg. 58 min. 30 sec. East, a distance of 59.54
248	242		feet to a 3/4 inch iron rod found for corner;
249	243		South 52 deg. 31 min. 08 sec. East, a distance of 21.27
250	244		feet to a 5/8 inch iron rod found for corner in the south
251	245		right-of-way line of Airport Boulevard (100' R.O.W.) said
252	246		point also being in a curve to the left, having a radius of
253	247		2,914.79 feet and a chord that bears South 68 deg. 05 min. 46
254	248		sec. East - 2,190.07 feet;
255	249		THENCE: in a southeasterly direction with the northern line
256	250		of said RESERVE A and the south right-of-way line of said Airport
257	251		Boulevard, with said curve to the left, through a central angle of
258	252		44 deg. 07 min. 59 sec. and along an arc distance of 2,245.17 feet to
259	253		a 1/2" iron pipe found for corner at the end of said curve;
260	254		THENCE: North 89 deg. 49 min. 22 sec. East, continuing along
261	255		the common line of said RESERVE A and Airport Boulevard, a distance
262	256		of 1,125.05 feet to a 1/2 inch iron rod found for the northeast
263	257		corner of said RESERVE A on the west right-of-way line of Murphy
264	258		Road said point also being in a curve to the right, having a radius
265	259		of 22,858.33 feet and a chord that bears South 00 deg. 15 min. 52
266	260		sec. East - 136.21 feet;
267	261		THENCE: in a southerly direction, with the east line of said
268	262		RESERVE A and the west right-of-way line of said Murphy Road, along
269	263		said curve to the right, through a central angle of 00 deg. 20 min.
270	264		29 sec. and along an arc distance of 136.21 feet to a 1/2 inch iron
271	265		rod found for corner at the end of said curve;
272	266		THENCE: South 00 deg. 03 min. 31 sec. East, continuing along
273	267		the common line of said RESERVE A and Murphy Road, a distance of
274	268		1,383.31 feet to the POINT OF BEGINNING and containing 8,373,627
275	269		square feet or 192.232 acres of land.
276	270		SECTION 3. The Fort Bend County Water Control and
277	271		Improvement District No. 2 retains all the rights, powers,
278	272		privileges, authority, duties, and functions that it had before the
279	273		effective date of this Act.
280	274		SECTION 4. (a) The legislature validates and confirms all
281	275		acts and proceedings of the Fort Bend County Water Control and
282	276		Improvement District No. 2 that were taken before the effective
283	277		date of this Act.
284	278		(b) Subsection (a) of this section does not apply to any
285	279		matter that on the effective date of this Act:
286	280		(1) is involved in litigation if the litigation
287	281		ultimately results in the matter being held invalid by a final
288	282		judgment of a court; or
289	283		(2) has been held invalid by a final judgment of a
290	284		court.
291	285		SECTION 5. (a) The legal notice of the intention to
292	286		introduce this Act, setting forth the general substance of this
293	287		Act, has been published as provided by law, and the notice and a
294	288		copy of this Act have been furnished to all persons, agencies,
295	289		officials, or entities to which they are required to be furnished
296	290		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
297	291		Government Code.
298	292		(b) The governor, one of the required recipients, has
299	293		submitted the notice and Act to the Texas Commission on
300	294		Environmental Quality.
301	295		(c) The Texas Commission on Environmental Quality has filed
302	296		its recommendations relating to this Act with the governor, the
303	297		lieutenant governor, and the speaker of the house of
304	298		representatives within the required time.
305	299		(d) All requirements of the constitution and laws of this
306	300		state and the rules and procedures of the legislature with respect
307	301		to the notice, introduction, and passage of this Act are fulfilled
308	302		and accomplished.
309	303		SECTION 6. This Act takes effect immediately if it receives
310	304		a vote of two-thirds of all the members elected to each house, as
311	305		provided by Section 39, Article III, Texas Constitution. If this
312	306		Act does not receive the vote necessary for immediate effect, this
313	307		Act takes effect September 1, 2015.
314		-	* * * * *
	308	+	______________________________ ______________________________
	309	+	President of the Senate Speaker of the House
	310	+	I certify that H.B. No. 4174 was passed by the House on May
	311	+	15, 2015, by the following vote: Yeas 139, Nays 0, 2 present, not
	312	+	voting.
	313	+	______________________________
	314	+	Chief Clerk of the House
	315	+	I certify that H.B. No. 4174 was passed by the Senate on May
	316	+	26, 2015, by the following vote: Yeas 29, Nays 2.
	317	+	______________________________
	318	+	Secretary of the Senate
	319	+	APPROVED: _____________________
	320	+	Date
	321	+	_____________________
	322	+	Governor