Texas 2015 - 84th Regular

Texas Senate Bill SB2007 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Kolkhorst S.B. No. 2007
2		-	(Zerwas)
	1	+	S.B. No. 2007
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the creation of the Fort Bend County Municipal Utility
8	6		District No. 219; granting a limited power of eminent domain;
9	7		providing authority to issue bonds; providing authority to impose
10	8		assessments, fees, and taxes.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	11		Code, is amended by adding Chapter 7922 to read as follows:
14	12		CHAPTER 7922. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 219
15	13		SUBCHAPTER A. GENERAL PROVISIONS
16	14		Sec. 7922.001. DEFINITIONS. In this chapter:
17	15		(1) "Board" means the district's board of directors.
18	16		(2) "Commission" means the Texas Commission on
19	17		Environmental Quality.
20	18		(3) "Director" means a board member.
21	19		(4) "District" means the Fort Bend County Municipal
22	20		Utility District No. 219.
23	21		Sec. 7922.002. NATURE OF DISTRICT. The district is a
24	22		municipal utility district created under Section 59, Article XVI,
25	23		Texas Constitution.
26	24		Sec. 7922.003. CONFIRMATION AND DIRECTORS' ELECTION
27	25		REQUIRED. The temporary directors shall hold an election to
28	26		confirm the creation of the district and to elect five permanent
29	27		directors as provided by Section 49.102, Water Code.
30	28		Sec. 7922.004. CONSENT OF MUNICIPALITY REQUIRED. The
31	29		temporary directors may not hold an election under Section 7922.003
32	30		until each municipality in whose corporate limits or
33	31		extraterritorial jurisdiction the district is located has
34	32		consented by ordinance or resolution to the creation of the
35	33		district and to the inclusion of land in the district.
36	34		Sec. 7922.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	35		(a) The district is created to serve a public purpose and benefit.
38	36		(b) The district is created to accomplish the purposes of:
39	37		(1) a municipal utility district as provided by
40	38		general law and Section 59, Article XVI, Texas Constitution; and
41	39		(2) Section 52, Article III, Texas Constitution, that
42	40		relate to the construction, acquisition, improvement, operation,
43	41		or maintenance of macadamized, graveled, or paved roads, or
44	42		improvements, including storm drainage, in aid of those roads.
45	43		Sec. 7922.006. INITIAL DISTRICT TERRITORY. (a) The
46	44		district is initially composed of the territory described by
47	45		Section 2 of the Act enacting this chapter.
48	46		(b) The boundaries and field notes contained in Section 2 of
49	47		the Act enacting this chapter form a closure. A mistake made in the
50	48		field notes or in copying the field notes in the legislative process
51	49		does not affect the district's:
52	50		(1) organization, existence, or validity;
53	51		(2) right to issue any type of bond for the purposes
54	52		for which the district is created or to pay the principal of and
55	53		interest on a bond;
56	54		(3) right to impose a tax; or
57	55		(4) legality or operation.
58	56		SUBCHAPTER B. BOARD OF DIRECTORS
59	57		Sec. 7922.051. GOVERNING BODY; TERMS. (a) The district is
60	58		governed by a board of five elected directors.
61	59		(b) Except as provided by Section 7922.052, directors serve
62	60		staggered four-year terms.
63	61		Sec. 7922.052. TEMPORARY DIRECTORS. (a) On or after the
64	62		effective date of the Act enacting this chapter, the owner or owners
65	63		of a majority of the assessed value of the real property in the
66	64		district may submit a petition to the commission requesting that
67	65		the commission appoint as temporary directors the five persons
68	66		named in the petition. The commission shall appoint as temporary
69	67		directors the five persons named in the petition.
70	68		(b) Temporary directors serve until the earlier of:
71	69		(1) the date permanent directors are elected under
72	70		Section 7922.003; or
73	71		(2) the fourth anniversary of the effective date of
74	72		the Act enacting this chapter.
75	73		(c) If permanent directors have not been elected under
76	74		Section 7922.003 and the terms of the temporary directors have
77	75		expired, successor temporary directors shall be appointed or
78	76		reappointed as provided by Subsection (d) to serve terms that
79	77		expire on the earlier of:
80	78		(1) the date permanent directors are elected under
81	79		Section 7922.003; or
82	80		(2) the fourth anniversary of the date of the
83	81		appointment or reappointment.
84	82		(d) If Subsection (c) applies, the owner or owners of a
85	83		majority of the assessed value of the real property in the district
86	84		may submit a petition to the commission requesting that the
87	85		commission appoint as successor temporary directors the five
88	86		persons named in the petition. The commission shall appoint as
89	87		successor temporary directors the five persons named in the
90	88		petition.
91	89		SUBCHAPTER C. POWERS AND DUTIES
92	90		Sec. 7922.101. GENERAL POWERS AND DUTIES. The district has
93	91		the powers and duties necessary to accomplish the purposes for
94	92		which the district is created.
95	93		Sec. 7922.102. MUNICIPAL UTILITY DISTRICT POWERS AND
96	94		DUTIES. The district has the powers and duties provided by the
97	95		general law of this state, including Chapters 49 and 54, Water Code,
98	96		applicable to municipal utility districts created under Section 59,
99	97		Article XVI, Texas Constitution.
100	98		Sec. 7922.103. AUTHORITY FOR ROAD PROJECTS. Under Section
101	99		52, Article III, Texas Constitution, the district may design,
102	100		acquire, construct, finance, issue bonds for, improve, operate,
103	101		maintain, and convey to this state, a county, or a municipality for
104	102		operation and maintenance macadamized, graveled, or paved roads, or
105	103		improvements, including storm drainage, in aid of those roads.
106	104		Sec. 7922.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	105		road project must meet all applicable construction standards,
108	106		zoning and subdivision requirements, and regulations of each
109	107		municipality in whose corporate limits or extraterritorial
110	108		jurisdiction the road project is located.
111	109		(b) If a road project is not located in the corporate limits
112	110		or extraterritorial jurisdiction of a municipality, the road
113	111		project must meet all applicable construction standards,
114	112		subdivision requirements, and regulations of each county in which
115	113		the road project is located.
116	114		(c) If the state will maintain and operate the road, the
117	115		Texas Transportation Commission must approve the plans and
118	116		specifications of the road project.
119	117		Sec. 7922.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
120	118		OR RESOLUTION. The district shall comply with all applicable
121	119		requirements of any ordinance or resolution that is adopted under
122	120		Section 54.016 or 54.0165, Water Code, and that consents to the
123	121		creation of the district or to the inclusion of land in the
124	122		district.
125	123		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	124		Sec. 7922.151. ELECTIONS REGARDING TAXES OR BONDS.
127	125		(a) The district may issue, without an election, bonds and other
128	126		obligations secured by:
129	127		(1) revenue other than ad valorem taxes; or
130	128		(2) contract payments described by Section 7922.153.
131	129		(b) The district must hold an election in the manner
132	130		provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	131		before the district may impose an ad valorem tax or issue bonds
134	132		payable from ad valorem taxes.
135	133		(c) The district may not issue bonds payable from ad valorem
136	134		taxes to finance a road project unless the issuance is approved by a
137	135		vote of a two-thirds majority of the district voters voting at an
138	136		election held for that purpose.
139	137		Sec. 7922.152. OPERATION AND MAINTENANCE TAX. (a) If
140	138		authorized at an election held under Section 7922.151, the district
141	139		may impose an operation and maintenance tax on taxable property in
142	140		the district in accordance with Section 49.107, Water Code.
143	141		(b) The board shall determine the tax rate. The rate may not
144	142		exceed the rate approved at the election.
145	143		Sec. 7922.153. CONTRACT TAXES. (a) In accordance with
146	144		Section 49.108, Water Code, the district may impose a tax other than
147	145		an operation and maintenance tax and use the revenue derived from
148	146		the tax to make payments under a contract after the provisions of
149	147		the contract have been approved by a majority of the district voters
150	148		voting at an election held for that purpose.
151	149		(b) A contract approved by the district voters may contain a
152	150		provision stating that the contract may be modified or amended by
153	151		the board without further voter approval.
154	152		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
155	153		Sec. 7922.201. AUTHORITY TO ISSUE BONDS AND OTHER
156	154		OBLIGATIONS. The district may issue bonds or other obligations
157	155		payable wholly or partly from ad valorem taxes, impact fees,
158	156		revenue, contract payments, grants, or other district money, or any
159	157		combination of those sources, to pay for any authorized district
160	158		purpose.
161	159		Sec. 7922.202. TAXES FOR BONDS. At the time the district
162	160		issues bonds payable wholly or partly from ad valorem taxes, the
163	161		board shall provide for the annual imposition of a continuing
164	162		direct ad valorem tax, without limit as to rate or amount, while all
165	163		or part of the bonds are outstanding as required and in the manner
166	164		provided by Sections 54.601 and 54.602, Water Code.
167	165		Sec. 7922.203. BONDS FOR ROAD PROJECTS. At the time of
168	166		issuance, the total principal amount of bonds or other obligations
169	167		issued or incurred to finance road projects and payable from ad
170	168		valorem taxes may not exceed one-fourth of the assessed value of the
171	169		real property in the district.
172	170		SECTION 2. The Fort Bend County Municipal Utility District
173	171		No. 219 initially includes all the territory contained in the
174	172		following area:
175	173		434.541 Acres of Land, being out of the Rich/Gerner Joint
176	174		Venture Tract (Volume 1645, Page 762 and 771 of the Official Records
177	175		of Fort Bend County, Texas), being 191.354 Acres, more or less, in
178	176		the William Andrews League, Abstract 3 and 243.187 Acres, more or
179	177		less, in the Samuel Isaacs League, Abstract 35, Fort Bend County,
180	178		Texas.
181	179		Beginning at a 5/8 inch capped iron rod set on the East side
182	180		of a 20 inch Dead Elm Tree Stump marking the East line of said
183	181		William Andrews League, Abstract 3 and in the West line of the
184	182		Samuel Isaacs League, Abstract 35; said corner marking the
185	183		Southwest corner of the original Wessendorff Cattle Company call
186	184		353.9 Acre Tract ; said corner being a re-entrant corner of and the
187	185		Place of Beginning for this tract;
188	186		THENCE, South 76deg.34'10" East, along a fence line, 722.0
189	187		feet to a 5/8 inch capped iron rod set for angle point;
190	188		THENCE, South 85deg.43'40" East, along a fence line, 1138.92
191	189		feet to a 5/8 inch capped iron rod set for angle point;
192	190		THENCE, South 62deg.10'45" East, along a fence line, 2465.24
193	191		feet to a 5/8 inch iron rod found marking the Southerly Northeast
194	192		corner of this tract;
195	193		THENCE, South 00deg.15'10" West, along a fence line, 983.2
196	194		feet to a 7/8 inch iron pipe found marking the Easterly Southeast
197	195		corner of this tract;
198	196		THENCE, West, along the remains of an old fence line, at
199	197		1612.76 feet pass a 5/8 inch capped iron rod set, in all 1690.18
200	198		feet to a point on the centerline of Jones Creek for corner;
201	199		THENCE, Southerly and Westerly along the centerline of Jones
202	200		Creek with the following courses and distances: South 25deg.42'30"
203	201		East, 65.54 feet to a point for angle; South 05deg.33'10" East, 66.3
204	202		feet to a point for angle; South 01deg.28'10" West, 281.0 feet to a
205	203		point for angle; South 00deg.53'10" East, 281.9 feet to a point for
206	204		angle; South 01deg.23'10" West, 300.3 feet to a point for angle;
207	205		South 25deg.56' West, 223.92 feet to a point for angle; South
208	206		28deg.41'56" West, 74.64 feet to a point for angle; South
209	207		42deg.51'40" West, 158.01 feet to a point for angle; South
210	208		59deg.13'30" West, 314.29 feet to a point for angle; South
211	209		83deg.40'10" West, 199.21 feet to a point for angle; North
212	210		85deg.52'10" West, 242.08 feet to a point for angle; North
213	211		65deg.06'40" West, 404.61 feet to a point for angle; North
214	212		66deg.13'50" West, 288.86 feet to a point for angle; North
215	213		68deg.29'40" West, 276.58 feet to a point for angle; North
216	214		76deg.44'10" West, 329.15 feet to a point for angle; North
217	215		84deg.50'13" West, at 185.47 feet pass said League Line, in all
218	216		217.53 feet to point for angle; South 74deg.09'50" West, 240.65
219	217		feet to a point for angle; South 72deg.34' West, 288.63 feet to a
220	218		point for angle; South 66deg.01' West, 358.92 feet to a point for
221	219		angle; South 55deg.39'35" West, 247.4 feet to a point for angle;
222	220		South 39deg.03'20" West, 173.21 feet to a point for angle; South
223	221		41deg.49'10" West, 179.19 feet to a point for angle; South
224	222		37deg.11'32" West, 40.32 feet to a point for the most Southerly
225	223		South corner of this tract;
226	224		THENCE, North 61deg.55'43" West, leaving said Jones Creek,
227	225		and along the centerline of a Drainage Ditch, 116.46 feet to a point
228	226		for angle;
229	227		THENCE, continuing Northwesterly along the centerline of
230	228		said Drainage Ditch with the following courses and distances:
231	229		North 28deg.40'03" West, 71.03 feet to a point for angle; North
232	230		36deg.45'31" West, 104.1 feet to a point for angle; North
233	231		34deg.34'37" West, 217.76 feet to a 1/2 inch iron pipe found for
234	232		angle; South 55deg.56'57" West, 66.86 feet to a 1/2 inch iron pipe
235	233		found for angle; North 55deg.14'54" West, 87.37 feet to a 1/2 inch
236	234		iron pipe found for angle; North 27deg.56'22" West, 61.11 feet to a
237	235		1/2 inch iron pipe found for angle; North 38deg.36'05" West, 224.52
238	236		feet to a 1/2 inch iron pipe found for angle; North 79deg.00'35"
239	237		West, 100.44 feet to a capped 1/2 inch iron rod found for angle;
240	238		THENCE, North 00deg.07'56" West, leaving said Ditch, 196.65
241	239		feet to a 1/2 inch iron pipe found for corner;
242	240		THENCE, South 89deg.53'10" East, along a fence line, 360.59
243	241		feet to a 5/8 inch capped iron rod set for corner;
244	242		THENCE, North 00deg.58'40" West, along a fence line 747.67
245	243		feet to a 5/8 inch capped iron rod set marking a re-entrant corner
246	244		of this tract; said corner also marks the Northeast corner of the
247	245		original John Rosenbush Tract recorded in Volume 352, Page 184 of
248	246		the Deed Records;
249	247		THENCE, South 89deg.46'50" West, along a fence line, 1505.0
250	248		feet to a 5/8 inch capped iron rod set at corner post marking the
251	249		Westerly Southwest corner of this tract;
252	250		THENCE, North 00deg.13'55" East, along the East right-of-way
253	251		line of State Farm Market Road No. 723, 896.28 feet to a 5/8 inch
254	252		capped iron rod set at corner post marking the Westerly Northwest
255	253		corner of this tract;
256	254		THENCE, South 89deg.37'28" East, along a fence line, 1557.35
257	255		feet to a 1/2 inch iron pipe found marking another re-entrant corner
258	256		of this tract;
259	257		THENCE, North 01deg.23'12" East, 535.35 feet to a point on
260	258		the centerline of said Jones Creek for corner;
261	259		THENCE, Northerly, along the centerline of Jones Creek with
262	260		the following courses and distances: North 37deg.30'33" West,
263	261		64.68 feet to a point for angle; North 16deg.41'40" West, 114.0 feet
264	262		to a point for angle; North 01deg.50'20" East, 110.6 feet to a point
265	263		for angle; North 19deg.50'20" East, 105.0 feet to a point for angle;
266	264		North 33deg.40'20" East, 128.8 feet to a point for angle; North
267	265		45deg.11'20" East, 146.7 feet to a point for angle; North
268	266		54deg.41'20" East, 164.5 feet to a point for angle; North
269	267		59deg.48'20" East. 355.8 feet to a point for angle; North
270	268		49deg.11'20" East, 194.18 feet to a point for angle; North
271	269		38deg.48'20" East, 74.2 feet to a point on the centerline of Andrus
272	270		Branch to a point for angle; North 38deg.46'20" East, 63.53 feet to
273	271		a point for angle; North 20deg.48'22" East, 133.2 feet to a point
274	272		for angle; North 18deg.33'20" East, 209.1 feet to a point for angle;
275	273		North 13deg.42'20" East, 264.9 feet to a point for angle; North
276	274		06deg.32'20" East, 451.7 feet to a point for angle; North
277	275		12deg.04'20" East, 318.4 feet to a point for angle; North
278	276		23deg.49'20" East, 130.3 feet to a point for angle; North
279	277		36deg.43'20" East, 240.1 feet to a point for angle; North
280	278		33deg.04'40" East, 372.7 feet to a point for angle; North
281	279		44deg.20'20" East, 156.2 feet to a point marking the North corner of
282	280		this tract;
283	281		THENCE, South, along the East line of said William Andrews
284	282		League, Abstract 3 and West line of the Samuel Isaacs League,
285	283		Abstract 35, at 267.62 feet pass a railroad spike set in the North
286	284		side of an 18 inch diameter Pecan Tree, along a fence line, in all
287	285		1987.49 feet to the place of beginning and containing 434.541 Acres
288	286		of Land, more or less.
289	287		SECTION 3. (a) The legal notice of the intention to
290	288		introduce this Act, setting forth the general substance of this
291	289		Act, has been published as provided by law, and the notice and a
292	290		copy of this Act have been furnished to all persons, agencies,
293	291		officials, or entities to which they are required to be furnished
294	292		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
295	293		Government Code.
296	294		(b) The governor, one of the required recipients, has
297	295		submitted the notice and Act to the Texas Commission on
298	296		Environmental Quality.
299	297		(c) The Texas Commission on Environmental Quality has filed
300	298		its recommendations relating to this Act with the governor, the
301	299		lieutenant governor, and the speaker of the house of
302	300		representatives within the required time.
303	301		(d) All requirements of the constitution and laws of this
304	302		state and the rules and procedures of the legislature with respect
305	303		to the notice, introduction, and passage of this Act are fulfilled
306	304		and accomplished.
307	305		SECTION 4. (a) If this Act does not receive a two-thirds
308	306		vote of all the members elected to each house, Subchapter C, Chapter
309	307		7922, Special District Local Laws Code, as added by Section 1 of
310	308		this Act, is amended by adding Section 7922.106 to read as follows:
311	309		Sec. 7922.106. NO EMINENT DOMAIN POWER. The district may
312	310		not exercise the power of eminent domain.
313	311		(b) This section is not intended to be an expression of a
314	312		legislative interpretation of the requirements of Section 17(c),
315	313		Article I, Texas Constitution.
316	314		SECTION 5. This Act takes effect immediately if it receives
317	315		a vote of two-thirds of all the members elected to each house, as
318	316		provided by Section 39, Article III, Texas Constitution. If this
319	317		Act does not receive the vote necessary for immediate effect, this
320	318		Act takes effect September 1, 2015.
	319	+	______________________________ ______________________________
	320	+	President of the Senate Speaker of the House
	321	+	I hereby certify that S.B. No. 2007 passed the Senate on
	322	+	May 8, 2015, by the following vote: Yeas 30, Nays 1.
	323	+	______________________________
	324	+	Secretary of the Senate
	325	+	I hereby certify that S.B. No. 2007 passed the House on
	326	+	May 27, 2015, by the following vote: Yeas 144, Nays 0, two
	327	+	present not voting.
	328	+	______________________________
	329	+	Chief Clerk of the House
	330	+	Approved:
	331	+	______________________________
	332	+	Date
	333	+	______________________________
	334	+	Governor