Texas 2015 - 84th Regular

Texas Senate Bill SB2023 Compare Versions

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Version 2 (New)

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1	1	By: Huffman S.B. No. 2023
2	2	(In the Senate - Filed March 31, 2015; March 31, 2015, read
3	3	first time and referred to Committee on Intergovernmental
4	4	Relations; May 8, 2015, reported favorably by the following vote:
5	5	Yeas 7, Nays 0; May 8, 2015, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the creation of the Fort Bend County Municipal Utility
12	12	District No. 191; granting a limited power of eminent domain;
13	13	providing authority to issue bonds; providing authority to impose
14	14	assessments, fees, and taxes.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	17	Code, is amended by adding Chapter 7914 to read as follows:
18	18	CHAPTER 7914. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 191
19	19	SUBCHAPTER A. GENERAL PROVISIONS
20	20	Sec. 7914.001. DEFINITIONS. In this chapter:
21	21	(1) "Board" means the district's board of directors.
22	22	(2) "Commission" means the Texas Commission on
23	23	Environmental Quality.
24	24	(3) "Director" means a board member.
25	25	(4) "District" means the Fort Bend County Municipal
26	26	Utility District No. 191.
27	27	Sec. 7914.002. NATURE OF DISTRICT. The district is a
28	28	municipal utility district created under Section 59, Article XVI,
29	29	Texas Constitution.
30	30	Sec. 7914.003. CONFIRMATION AND DIRECTORS' ELECTION
31	31	REQUIRED. The temporary directors shall hold an election to
32	32	confirm the creation of the district and to elect five permanent
33	33	directors as provided by Section 49.102, Water Code.
34	34	Sec. 7914.004. CONSENT OF MUNICIPALITY REQUIRED. The
35	35	temporary directors may not hold an election under Section 7914.003
36	36	until each municipality in whose corporate limits or
37	37	extraterritorial jurisdiction the district is located has
38	38	consented by ordinance or resolution to the creation of the
39	39	district and to the inclusion of land in the district.
40	40	Sec. 7914.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
41	41	(a) The district is created to serve a public purpose and benefit.
42	42	(b) The district is created to accomplish the purposes of:
43	43	(1) a municipal utility district as provided by
44	44	general law and Section 59, Article XVI, Texas Constitution; and
45	45	(2) Section 52, Article III, Texas Constitution, that
46	46	relate to the construction, acquisition, improvement, operation,
47	47	or maintenance of macadamized, graveled, or paved roads, or
48	48	improvements, including storm drainage, in aid of those roads.
49	49	Sec. 7914.006. INITIAL DISTRICT TERRITORY. (a) The
50	50	district is initially composed of the territory described by
51	51	Section 2 of the Act enacting this chapter.
52	52	(b) The boundaries and field notes contained in Section 2 of
53	53	the Act enacting this chapter form a closure. A mistake made in the
54	54	field notes or in copying the field notes in the legislative process
55	55	does not affect the district's:
56	56	(1) organization, existence, or validity;
57	57	(2) right to issue any type of bond for the purposes
58	58	for which the district is created or to pay the principal of and
59	59	interest on a bond;
60	60	(3) right to impose a tax; or
61	61	(4) legality or operation.
62	62	SUBCHAPTER B. BOARD OF DIRECTORS
63	63	Sec. 7914.051. GOVERNING BODY; TERMS. (a) The district is
64	64	governed by a board of five elected directors.
65	65	(b) Except as provided by Section 7914.052, directors serve
66	66	staggered four-year terms.
67	67	Sec. 7914.052. TEMPORARY DIRECTORS. (a) On or after the
68	68	effective date of the Act enacting this chapter, the owner or owners
69	69	of a majority of the assessed value of the real property in the
70	70	district may submit a petition to the commission requesting that
71	71	the commission appoint as temporary directors the five persons
72	72	named in the petition. The commission shall appoint as temporary
73	73	directors the five persons named in the petition.
74	74	(b) Temporary directors serve until the earlier of:
75	75	(1) the date permanent directors are elected under
76	76	Section 7914.003; or
77	77	(2) the fourth anniversary of the effective date of
78	78	the Act enacting this chapter.
79	79	(c) If permanent directors have not been elected under
80	80	Section 7914.003 and the terms of the temporary directors have
81	81	expired, successor temporary directors shall be appointed or
82	82	reappointed as provided by Subsection (d) to serve terms that
83	83	expire on the earlier of:
84	84	(1) the date permanent directors are elected under
85	85	Section 7914.003; or
86	86	(2) the fourth anniversary of the date of the
87	87	appointment or reappointment.
88	88	(d) If Subsection (c) applies, the owner or owners of a
89	89	majority of the assessed value of the real property in the district
90	90	may submit a petition to the commission requesting that the
91	91	commission appoint as successor temporary directors the five
92	92	persons named in the petition. The commission shall appoint as
93	93	successor temporary directors the five persons named in the
94	94	petition.
95	95	SUBCHAPTER C. POWERS AND DUTIES
96	96	Sec. 7914.101. GENERAL POWERS AND DUTIES. The district has
97	97	the powers and duties necessary to accomplish the purposes for
98	98	which the district is created.
99	99	Sec. 7914.102. MUNICIPAL UTILITY DISTRICT POWERS AND
100	100	DUTIES. The district has the powers and duties provided by the
101	101	general law of this state, including Chapters 49 and 54, Water Code,
102	102	applicable to municipal utility districts created under Section 59,
103	103	Article XVI, Texas Constitution.
104	104	Sec. 7914.103. AUTHORITY FOR ROAD PROJECTS. Under Section
105	105	52, Article III, Texas Constitution, the district may design,
106	106	acquire, construct, finance, issue bonds for, improve, operate,
107	107	maintain, and convey to this state, a county, or a municipality for
108	108	operation and maintenance macadamized, graveled, or paved roads, or
109	109	improvements, including storm drainage, in aid of those roads.
110	110	Sec. 7914.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
111	111	road project must meet all applicable construction standards,
112	112	zoning and subdivision requirements, and regulations of each
113	113	municipality in whose corporate limits or extraterritorial
114	114	jurisdiction the road project is located.
115	115	(b) If a road project is not located in the corporate limits
116	116	or extraterritorial jurisdiction of a municipality, the road
117	117	project must meet all applicable construction standards,
118	118	subdivision requirements, and regulations of each county in which
119	119	the road project is located.
120	120	(c) If the state will maintain and operate the road, the
121	121	Texas Transportation Commission must approve the plans and
122	122	specifications of the road project.
123	123	Sec. 7914.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
124	124	OR RESOLUTION. The district shall comply with all applicable
125	125	requirements of any ordinance or resolution that is adopted under
126	126	Section 54.016 or 54.0165, Water Code, and that consents to the
127	127	creation of the district or to the inclusion of land in the
128	128	district.
129	129	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
130	130	Sec. 7914.151. ELECTIONS REGARDING TAXES OR BONDS.
131	131	(a) The district may issue, without an election, bonds and other
132	132	obligations secured by:
133	133	(1) revenue other than ad valorem taxes; or
134	134	(2) contract payments described by Section 7914.153.
135	135	(b) The district must hold an election in the manner
136	136	provided by Chapters 49 and 54, Water Code, to obtain voter approval
137	137	before the district may impose an ad valorem tax or issue bonds
138	138	payable from ad valorem taxes.
139	139	(c) The district may not issue bonds payable from ad valorem
140	140	taxes to finance a road project unless the issuance is approved by a
141	141	vote of a two-thirds majority of the district voters voting at an
142	142	election held for that purpose.
143	143	Sec. 7914.152. OPERATION AND MAINTENANCE TAX. (a) If
144	144	authorized at an election held under Section 7914.151, the district
145	145	may impose an operation and maintenance tax on taxable property in
146	146	the district in accordance with Section 49.107, Water Code.
147	147	(b) The board shall determine the tax rate. The rate may not
148	148	exceed the rate approved at the election.
149	149	Sec. 7914.153. CONTRACT TAXES. (a) In accordance with
150	150	Section 49.108, Water Code, the district may impose a tax other than
151	151	an operation and maintenance tax and use the revenue derived from
152	152	the tax to make payments under a contract after the provisions of
153	153	the contract have been approved by a majority of the district voters
154	154	voting at an election held for that purpose.
155	155	(b) A contract approved by the district voters may contain a
156	156	provision stating that the contract may be modified or amended by
157	157	the board without further voter approval.
158	158	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
159	159	Sec. 7914.201. AUTHORITY TO ISSUE BONDS AND OTHER
160	160	OBLIGATIONS. The district may issue bonds or other obligations
161	161	payable wholly or partly from ad valorem taxes, impact fees,
162	162	revenue, contract payments, grants, or other district money, or any
163	163	combination of those sources, to pay for any authorized district
164	164	purpose.
165	165	Sec. 7914.202. TAXES FOR BONDS. At the time the district
166	166	issues bonds payable wholly or partly from ad valorem taxes, the
167	167	board shall provide for the annual imposition of a continuing
168	168	direct ad valorem tax, without limit as to rate or amount, while all
169	169	or part of the bonds are outstanding as required and in the manner
170	170	provided by Sections 54.601 and 54.602, Water Code.
171	171	Sec. 7914.203. BONDS FOR ROAD PROJECTS. At the time of
172	172	issuance, the total principal amount of bonds or other obligations
173	173	issued or incurred to finance road projects and payable from ad
174	174	valorem taxes may not exceed one-fourth of the assessed value of the
175	175	real property in the district.
176	176	SECTION 2. The Fort Bend County Municipal Utility District
177	177	No. 191 initially includes all the territory contained in the
178	178	following area:
179	179	BEING A 505.0088 ACRE TRACT OF LAND, SITUATED IN THE WILLIAM
180	180	PETTUS SURVEY, A-68, FORT BEND COUNTY, TEXAS, BEING PART OF THE DMD
181	181	INTERESTS CALLED 370.94 ACRE TRACT AS DESCRIBED IN DEED RECORDED IN
182	182	FORT BEND COUNTY CLERKS FILE NO. 9808907, AND A PORTION OF THE
183	183	MILDRED ELLIS CALLED 128.736 ACRE TRACT AS DESCRIBED IN DEED
184	184	RECORDED IN FORT BEND COUNTY CLERKS FILE NO. 1972325075; SAID
185	185	505.0088 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
186	186	BOUNDS AS FOLLOWS;
187	187	BEGINNING AT A 5/8 INCH IRON ROD SET, BEING THE SOUTHEAST
188	188	CORNER OF SAID 491.55 ACRE TRACT, BEING IN THE WEST RIGHT-OF-WAY
189	189	LINE OF A MISSOURI-PACIFIC RAIROAD TRACT (ABANDONED 100 FOOT
190	190	RIGHT-OF-WAY) AND THE NORTH LINE OF A CALLED 116.07 ACRE TRACT
191	191	DESCRIBED IN DEED RECORDED IN FORT BEND COUNTY CLERKS FILE NO.
192	192	2007085339;
193	193	THENCE NORTH 88 DEGREES 56 MINUTES 48 SECONDS WEST, ALONG THE
194	194	SOUTH LINE OF SAID 491.55 ACRE TRACT, A DISTANCE OF 7232.89 FEET TO
195	195	A FOUND CONCRETE MONUMENT FOR AN INTERIOR CORNER IN THE NORTH LINE
196	196	OF SAID 116.07 ACRE TRACT AND A WEST LINE OF SAID 370.94 ACRE TRACT
197	197	FOR THE MOST SOUTHERLY SOUTHWEST CORNER OF THE HEREIN DESCRIBED
198	198	TRACT;
199	199	THENCE NORTH 00 DEGREES 22 MINUTES 23 SECONDS EAST, ALONG THE
200	200	EAST LINE OF SAID 116.07 ACRE TRACT, THE EAST LINE OF A CALLED
201	201	305.661 ACRE TRACT DESCRIBED IN DEED RECORDED IN FORT BEND COUNTY
202	202	CLERKS FILE NO. 2005117863, SAME BEING A WEST LINE OF SAID 370.94
203	203	ACRE TRACT, A DISTANCE OF 467.75 FEET TO A SET 5/8 INCH IRON ROD FOR
204	204	THE MOST EASTERLY NORTHEAST CORNER OF SAID 305.661 ACRE TRACT AND AN
205	205	INTERIOR CORNER OF SAID 370.94 ACRE TRACT AND THE HEREIN DESCRIBED
206	206	TRACT;
207	207	THENCE NORTH 71 DEGREES 51 MINUTES 25 SECONDS WEST, ALONG THE
208	208	COMMON LINE OF SAID 305.661 ACRE AND 370.94 ACRE TRACTS, A DISTANCE
209	209	OF 23.00 FEET TO A SET 5/8 INCH IRON ROD FOR AN INTERIOR CORNER OF
210	210	THE HEREIN DESCRIBED TRACT;
211	211	THENCE SOUTH 87 DEGREES 06 MINUTES 22 SECONDS WEST,
212	212	CONTINUING ALONG THE COMMON LINE OF SAID 305.661 ACRE AND 370.94
213	213	ACRE TRACTS, A DISTANCE OF 2955.55 FEET TO A FOUND CONCRETE MONUMENT
214	214	FOR AN INTERIOR CORNER OF SAID 305.661 ACRE TRACT AND THE MOST
215	215	WESTERLY SOUTHWEST CORNER OF THE SAID 370.94 ACRE TRACT AND THE
216	216	HEREIN DESCRIBED TRACT;
217	217	THENCE NORTH 03 DEGREES 12 MINUTES 38 SECONDS WEST,
218	218	CONTINUING ALONG THE COMMON LINE OF SAID 305.661 ACRE AND 370.94
219	219	ACRE TRACTS AND ALONG THE EAST LINE OF A CALLED 58.866 ACRE TRACT
220	220	DESCRIBED IN DEED RECORDED IN FORT BEND COUNTY CLERKS FILE NO.
221	221	1972325075, A DISTANCE OF 1755.62 FEET TO A 2 INCH IRON PIPE FOUND
222	222	IN THE SOUTH LINE OF THE SIENNA PLANTATION LEVEE IMPROVEMENT
223	223	DISTRICT TRACT DESCRIBED IN FORT BEND COUNTY CLERKS FILE NO.
224	224	9741281 AND BEING FOR THE NORTHEAST CORNER OF SAID 305.661 ACRE
225	225	TRACT, SAME BEING THE NORTHWEST CORNER OF SAID 58.866 ACRE TRACT AND
226	226	THE HEREIN DESCRIBED TRACT;
227	227	THENCE NORTH 87 DEGREES 05 MINUTES 42 SECONDS EAST, ALONG THE
228	228	SOUTH LINE OF SAID SIENNA PLANTATION LEVEE IMPROVEMENT DISTRICT
229	229	TRACT, SAME BEING THE NORTH LINE OF SAID 58.866 ACRE TRACT, A
230	230	DISTANCE OF 2691.85 FEET TO A FOUND 1 & 1/4 INCH IRON PIPE FOUND IN
231	231	THE WEST LINE OF UNION PACIFIC RAILROAD TRACT (ABANDONED 100 FOOT
232	232	RIGHT-OF-WAY) FOR AN ANGLE POINT IN THE NORTH LINE OF THE HEREIN
233	233	DESCRIBED TRACT;
234	234	THENCE NORTH 87 DEGREES 21 MINUTES 55 SECONDS EAST, ALONG THE
235	235	SOUTH LINE OF RESERVE "F", SIENNA POINT, SECTION 3, ACCORDING TO THE
236	236	PLAT THEREOF RECORDED IN SLIDE NO. 1795B OF THE FORT BEND COUNTY
237	237	PLAT RECORDS, A DISTANCE OF 106.00 FEET TO A FOUND 1 & 1/4 INCH IRON
238	238	PIPE FOR AN ANGLE POINT IN THE NORTH LINE OF THE HEREIN DESCRIBED
239	239	TRACT;
240	240	THENCE NORTH 87 DEGREES 09 MINUTES 44 SECONDS EAST,
241	241	CONTINUING ALONG THE SOUTH LINE OF SAID RESERVE "F", SIENNA POINT,
242	242	SECTION 3, RESERVE "A", SIENNA POINT, SECTION 2, ACCORDING TO THE
243	243	PLAT THEREOF RECORDED IN SLIDE NO. 1682B OF THE FORT BEND COUNTY
244	244	PLAT RECORDS AND RESERVE "C", SIENNA POINT, SECTION 1, ACCORDING TO
245	245	THE PLAT THEREOF RECORDED IN SLIDE NO. 1528B OF THE FORT BEND COUNTY
246	246	PLAT RECORDS, SAME BEING THE NORTH LINE OF SAID 128.736 ACRE TRACT,
247	247	A DISTANCE OF 6596.86 FEET TO A SET 5/8 INCH IRON ROD FOR THE
248	248	NORTHEAST CORNER OF SAID 128.736 ACRE TRACT AND THE MOST NORTHERLY
249	249	NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;
250	250	THENCE SOUTH 02 DEGREES 33 MINUTES 12 SECONDS WEST, ALONG A
251	251	PORTION OF THE EAST LINE OF SAID 128.736 ACRE TRACT, THE WEST LINE
252	252	OF A CALLED 15 ACRE TRACT DESCRIBED IN FORT BEND COUNTY CLERKS FILE
253	253	NO. 2007142863, A DISTANCE OF 640.60 FEET TO A SET 5/8 INCH IRON ROD
254	254	THE NORTHEAST CORNER OF A CALLED 0.674 ACRE TRACT DESCRIBED IN DEED
255	255	RECORDED IN VOLUME 1571, PAGE 606 OF THE DEED RECORDS OF FORT BEND
256	256	COUNTY FOR AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT;
257	257	THENCE SOUTH 86 DEGREES 47 MINUTES 58 SECONDS WEST, ALONG THE
258	258	NORTH LINE OF SAID 0.674 ACRE TRACT, A DISTANCE OF 18.82 FEET TO A
259	259	SET 5/8 INCH IRON ROD FOR THE NORTHWEST CORNER OF SAID 0.674 ACRE
260	260	TRACT AND AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT;
261	261	THENCE SOUTH 00 DEGREES 50 MINUTES 09 SECONDS WEST, ALONG THE
262	262	WEST LINE OF SAID 0.674 ACRE TRACT, A DISTANCE OF 431.96 FEET TO A
263	263	SET 5/8 INCH IRON ROD FOR THE SOUTHWEST CORNER OF SAID 0.674 ACRE
264	264	TRACT AND AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT;
265	265	THENCE NORTH 86 DEGREES 11 MINUTES 13 SECONDS EAST, ALONG THE
266	266	SOUTH LINE OF SAID 0.674 ACRE TRACT, A DISTANCE OF 1049.50 FEET TO A
267	267	SET 5/8 INCH IRON ROD FOR THE SOUTHEAST CORNER OF SAID 0.674 ACRE
268	268	TRACT, BEING IN THE WEST LINE OF SAID MISSOURI-PACIFIC RAILROAD
269	269	TRACT AND BEING THE MOST EASTERLY NORTHEAST CORNER OF THE HEREIN
270	270	DESCRIBED TRACT;
271	271	THENCE SOUTH 02 DEGREES 35 MINUTES 40 SECONDS WEST, ALONG THE
272	272	WEST LINE OF SAID MISSOURI-PACIFIC RAILROAD TRACT, A DISTANCE OF
273	273	1680.07 FEET TO THE POINT OF BEGINNING AND CONTAINING 505.0088
274	274	ACRES (21,998,182 SQUARE FEET) OF LAND, MORE OR LESS.
275	275	SECTION 3. (a) The legal notice of the intention to
276	276	introduce this Act, setting forth the general substance of this
277	277	Act, has been published as provided by law, and the notice and a
278	278	copy of this Act have been furnished to all persons, agencies,
279	279	officials, or entities to which they are required to be furnished
280	280	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
281	281	Government Code.
282	282	(b) The governor, one of the required recipients, has
283	283	submitted the notice and Act to the Texas Commission on
284	284	Environmental Quality.
285	285	(c) The Texas Commission on Environmental Quality has filed
286	286	its recommendations relating to this Act with the governor, the
287	287	lieutenant governor, and the speaker of the house of
288	288	representatives within the required time.
289	289	(d) All requirements of the constitution and laws of this
290	290	state and the rules and procedures of the legislature with respect
291	291	to the notice, introduction, and passage of this Act are fulfilled
292	292	and accomplished.
293	293	SECTION 4. (a) If this Act does not receive a two-thirds
294	294	vote of all the members elected to each house, Subchapter C, Chapter
295	295	7914, Special District Local Laws Code, as added by Section 1 of
296	296	this Act, is amended by adding Section 7914.106 to read as follows:
297	297	Sec. 7914.106. NO EMINENT DOMAIN POWER. The district may
298	298	not exercise the power of eminent domain.
299	299	(b) This section is not intended to be an expression of a
300	300	legislative interpretation of the requirements of Section 17(c),
301	301	Article I, Texas Constitution.
302	302	SECTION 5. This Act takes effect immediately if it receives
303	303	a vote of two-thirds of all the members elected to each house, as
304	304	provided by Section 39, Article III, Texas Constitution. If this
305	305	Act does not receive the vote necessary for immediate effect, this
306	306	Act takes effect September 1, 2015.
307	307	* * * * *