Texas 2019 - 86th Regular

Texas House Bill HB1934 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1934
	1	+	By: Zerwas (Senate Sponsor - Kolkhorst) H.B. No. 1934
	2	+	(In the Senate - Received from the House April 15, 2019;
	3	+	April 16, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 6, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 6, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the creation of the Fort Bend County Municipal Utility
6	12		District No. 229; granting a limited power of eminent domain;
7	13		providing authority to issue bonds; providing authority to impose
8	14		assessments, fees, and taxes.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	17		Code, is amended by adding Chapter 8062 to read as follows:
12	18		CHAPTER 8062. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 229
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 8062.0101. DEFINITIONS. In this chapter:
15	21		(1) "Board" means the district's board of directors.
16	22		(2) "Commission" means the Texas Commission on
17	23		Environmental Quality.
18	24		(3) "Director" means a board member.
19	25		(4) "District" means the Fort Bend County Municipal
20	26		Utility District No. 229.
21	27		Sec. 8062.0102. NATURE OF DISTRICT. The district is a
22	28		municipal utility district created under Section 59, Article XVI,
23	29		Texas Constitution.
24	30		Sec. 8062.0103. CONFIRMATION AND DIRECTOR ELECTION
25	31		REQUIRED. The temporary directors shall hold an election to
26	32		confirm the creation of the district and to elect five permanent
27	33		directors as provided by Section 49.102, Water Code.
28	34		Sec. 8062.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section
30	36		8062.0103 until each municipality in whose corporate limits or
31	37		extraterritorial jurisdiction the district is located has
32	38		consented by ordinance or resolution to the creation of the
33	39		district and to the inclusion of land in the district.
34	40		Sec. 8062.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	41		(a) The district is created to serve a public purpose and benefit.
36	42		(b) The district is created to accomplish the purposes of:
37	43		(1) a municipal utility district as provided by
38	44		general law and Section 59, Article XVI, Texas Constitution; and
39	45		(2) Section 52, Article III, Texas Constitution, that
40	46		relate to the construction, acquisition, improvement, operation,
41	47		or maintenance of macadamized, graveled, or paved roads, or
42	48		improvements, including storm drainage, in aid of those roads.
43	49		Sec. 8062.0106. INITIAL DISTRICT TERRITORY. (a) The
44	50		district is initially composed of the territory described by
45	51		Section 2 of the Act enacting this chapter.
46	52		(b) The boundaries and field notes contained in Section 2 of
47	53		the Act enacting this chapter form a closure. A mistake made in the
48	54		field notes or in copying the field notes in the legislative process
49	55		does not affect the district's:
50	56		(1) organization, existence, or validity;
51	57		(2) right to issue any type of bond for the purposes
52	58		for which the district is created or to pay the principal of and
53	59		interest on a bond;
54	60		(3) right to impose a tax; or
55	61		(4) legality or operation.
56	62		SUBCHAPTER B. BOARD OF DIRECTORS
57	63		Sec. 8062.0201. GOVERNING BODY; TERMS. (a) The district is
58	64		governed by a board of five elected directors.
59	65		(b) Except as provided by Section 8062.0202, directors
60	66		serve staggered four-year terms.
61	67		Sec. 8062.0202. TEMPORARY DIRECTORS. (a) On or after the
62	68		effective date of the Act enacting this chapter, the owner or owners
63	69		of a majority of the assessed value of the real property in the
64	70		district may submit a petition to the commission requesting that
65	71		the commission appoint as temporary directors the five persons
66	72		named in the petition. The commission shall appoint as temporary
67	73		directors the five persons named in the petition.
68	74		(b) Temporary directors serve until the earlier of:
69	75		(1) the date permanent directors are elected under
70	76		Section 8062.0103; or
71	77		(2) the fourth anniversary of the effective date of
72	78		the Act enacting this chapter.
73	79		(c) If permanent directors have not been elected under
74	80		Section 8062.0103 and the terms of the temporary directors have
75	81		expired, successor temporary directors shall be appointed or
76	82		reappointed as provided by Subsection (d) to serve terms that
77	83		expire on the earlier of:
78	84		(1) the date permanent directors are elected under
79	85		Section 8062.0103; or
80	86		(2) the fourth anniversary of the date of the
81	87		appointment or reappointment.
82	88		(d) If Subsection (c) applies, the owner or owners of a
83	89		majority of the assessed value of the real property in the district
84	90		may submit a petition to the commission requesting that the
85	91		commission appoint as successor temporary directors the five
86	92		persons named in the petition. The commission shall appoint as
87	93		successor temporary directors the five persons named in the
88	94		petition.
89	95		SUBCHAPTER C. POWERS AND DUTIES
90	96		Sec. 8062.0301. GENERAL POWERS AND DUTIES. The district
91	97		has the powers and duties necessary to accomplish the purposes for
92	98		which the district is created.
93	99		Sec. 8062.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	100		DUTIES. The district has the powers and duties provided by the
95	101		general law of this state, including Chapters 49 and 54, Water Code,
96	102		applicable to municipal utility districts created under Section 59,
97	103		Article XVI, Texas Constitution.
98	104		Sec. 8062.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99	105		52, Article III, Texas Constitution, the district may design,
100	106		acquire, construct, finance, issue bonds for, improve, operate,
101	107		maintain, and convey to this state, a county, or a municipality for
102	108		operation and maintenance macadamized, graveled, or paved roads, or
103	109		improvements, including storm drainage, in aid of those roads.
104	110		Sec. 8062.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	111		road project must meet all applicable construction standards,
106	112		zoning and subdivision requirements, and regulations of each
107	113		municipality in whose corporate limits or extraterritorial
108	114		jurisdiction the road project is located.
109	115		(b) If a road project is not located in the corporate limits
110	116		or extraterritorial jurisdiction of a municipality, the road
111	117		project must meet all applicable construction standards,
112	118		subdivision requirements, and regulations of each county in which
113	119		the road project is located.
114	120		(c) If the state will maintain and operate the road, the
115	121		Texas Transportation Commission must approve the plans and
116	122		specifications of the road project.
117	123		Sec. 8062.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118	124		ORDINANCE OR RESOLUTION. The district shall comply with all
119	125		applicable requirements of any ordinance or resolution that is
120	126		adopted under Section 54.016 or 54.0165, Water Code, and that
121	127		consents to the creation of the district or to the inclusion of land
122	128		in the district.
123	129		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
124	130		Sec. 8062.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
125	131		The district may issue, without an election, bonds and other
126	132		obligations secured by:
127	133		(1) revenue other than ad valorem taxes; or
128	134		(2) contract payments described by Section 8062.0403.
129	135		(b) The district must hold an election in the manner
130	136		provided by Chapters 49 and 54, Water Code, to obtain voter approval
131	137		before the district may impose an ad valorem tax or issue bonds
132	138		payable from ad valorem taxes.
133	139		(c) The district may not issue bonds payable from ad valorem
134	140		taxes to finance a road project unless the issuance is approved by a
135	141		vote of a two-thirds majority of the district voters voting at an
136	142		election held for that purpose.
137	143		Sec. 8062.0402. OPERATION AND MAINTENANCE TAX. (a) If
138	144		authorized at an election held under Section 8062.0401, the
139	145		district may impose an operation and maintenance tax on taxable
140	146		property in the district in accordance with Section 49.107, Water
141	147		Code.
142	148		(b) The board shall determine the tax rate. The rate may not
143	149		exceed the rate approved at the election.
144	150		Sec. 8062.0403. CONTRACT TAXES. (a) In accordance with
145	151		Section 49.108, Water Code, the district may impose a tax other than
146	152		an operation and maintenance tax and use the revenue derived from
147	153		the tax to make payments under a contract after the provisions of
148	154		the contract have been approved by a majority of the district voters
149	155		voting at an election held for that purpose.
150	156		(b) A contract approved by the district voters may contain a
151	157		provision stating that the contract may be modified or amended by
152	158		the board without further voter approval.
153	159		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	160		Sec. 8062.0501. AUTHORITY TO ISSUE BONDS AND OTHER
155	161		OBLIGATIONS. The district may issue bonds or other obligations
156	162		payable wholly or partly from ad valorem taxes, impact fees,
157	163		revenue, contract payments, grants, or other district money, or any
158	164		combination of those sources, to pay for any authorized district
159	165		purpose.
160	166		Sec. 8062.0502. TAXES FOR BONDS. At the time the district
161	167		issues bonds payable wholly or partly from ad valorem taxes, the
162	168		board shall provide for the annual imposition of a continuing
163	169		direct ad valorem tax, without limit as to rate or amount, while all
164	170		or part of the bonds are outstanding as required and in the manner
165	171		provided by Sections 54.601 and 54.602, Water Code.
166	172		Sec. 8062.0503. BONDS FOR ROAD PROJECTS. At the time of
167	173		issuance, the total principal amount of bonds or other obligations
168	174		issued or incurred to finance road projects and payable from ad
169	175		valorem taxes may not exceed one-fourth of the assessed value of the
170	176		real property in the district.
171	177		SECTION 2. The Fort Bend County Municipal Utility District
172	178		No. 229 initially includes all the territory contained in the
173	179		following area:
174	180		Being a 437.6585 acre tract of land located in the John Foster
175	181		2-1/2 League, A-26, Fort Bend County, Texas; said 437.6585 acre
176	182		tract being all of a called 200.00-acre tract of land (Tract I), the
177	183		remainder of a called 250.000-acre tract of land (Tract II) both
178	184		conveyed to Houston Nursery LLC in Clerk's File Number 2011031940
179	185		of the Official Records of Fort Bend County (O.R.F.B.C.) and a
180	186		portion of FM 359 (80-feet wide) recorded in Volume 243, Page 137 of
181	187		the Fort Bend County Deed Records (F.B.C.D.R.); said 437.6585 acre
182	188		tract being more particularly described by metes and bounds as
183	189		follows (all bearings are referenced to the south line of said
184	190		200.00-acre tract):
185	191		Beginning at the southeast corner of said 200.00-acre tract
186	192		and the northeast corner of a call 137.0556-acre tract of land
187	193		recorded in Clerk's File number 9681280 of the O.R.F.B.C., same
188	194		being on the west right-of-way (R.O.W.) line of said FM 359;
189	195		1. Thence, with the common line of said 200.00-acre tract
190	196		and said 137.0556-acre tract, South 89 degrees 44 minutes 42
191	197		seconds West, a distance of 2,600.24 feet to the southwest corner of
192	198		said 200.00-acre tract and the northwest corner of said
193	199		137.0556-acre tract, same being on the east line of a call
194	200		339.60-acre tract of land recorded in Clerk's File Number
195	201		2017112484 of the O.R.F.B.C.;
196	202		2. Thence, with the common line of said 200.00-acre tract
197	203		and said 339.60-acre tract, North 00 degrees 00 minutes 00 seconds
198	204		East, a distance of 3,392.41 feet to the northwest corner of said
199	205		200.00-acre tract;
200	206		3. Thence, with the north line of said 200.00-acre tract,
201	207		South 89 degrees 53 minutes 50 seconds East, a distance of 397.00
202	208		feet to a westerly line of a call 4.06-acre R.O.W. dedication (Tract
203	209		No. 1, FM 359) recorded in Volume 243, Page 261 of the F.B.C.D.R.;
204	210		4. Thence, with the common line of said 200.00-acre tract
205	211		and said FM 359, South 58 degrees 40 minutes 40 seconds East, a
206	212		distance of 15.40 feet;
207	213		5. Thence, continuing with said common line, South 89
208	214		degrees 56 minutes 07 seconds East, a distance of 1,698.40 feet;
209	215		6. Thence, crossing said FM 359, South 89 degrees 55 minutes
210	216		34 seconds East, a distance of 556.54 feet the northwest corner of
211	217		aforesaid 250.00-acre tract, same being on the south R.O.W. line of
212	218		Gaston Fulshear Road (called 80-feet wide) recorded in Volume 62,
213	219		Page 611 and Volume 458, Page 49 of the F.B.C.D.R.;
214	220		7. Thence, with the common line of said 250.00-acre tract
215	221		and said Gaston Fulshear Road, North 89 degrees 38 minutes 55
216	222		seconds East, a distance of 3,347.28 feet to the northwest corner of
217	223		a call 3.249-acre tract of land recorded in Clerk's File Number
218	224		2007099737 of the O.R.F.B.C.;
219	225		8. Thence, with the west line of said 3.249-acre tract,
220	226		South 00 degrees 00 minutes 43 seconds East, a distance of 391.50
221	227		feet;
222	228		9. Thence, with the south line of said 3.247-acre tract,
223	229		North 89 degrees 38 minutes 55 seconds East, a distance of 361.50
224	230		feet to the west line of a call 6.347-acre tract of land recorded in
225	231		Clerk's File Number 2005058326 of the O.R.F.B.C.;
226	232		10. Thence, with the west line of said 6.347-acre tract,
227	233		South 00 degrees 00 minutes 43 seconds East, a distance of 2,373.30
228	234		feet to the southwest corner of said 6.347-acre tract, same being
229	235		the south line of aforesaid 250.00-acre tract and the north line of
230	236		a call 100.000-acre tract of land recorded in Clerk's File Number
231	237		2005058326 of the O.R.F.B.C.;
232	238		11. Thence, with the south line of said 250.00-acre tract,
233	239		the north line of said 100.000-acre tract, and the north line of a
234	240		call 8.000-acre tract recorded in Clerk's File Number 2013108809 of
235	241		the O.R.F.B.C., South 89 degrees 44 minutes 22 seconds West, at
236	242		3,696.78 feet pass the southwest corner of said 250.00-acre tract
237	243		and the northwest corner of said 100.00 acre tract, same being on
238	244		the east R.O.W. line of aforesaid FM 359, continuing in all a total
239	245		distance of 3776.66 feet to the east line of aforesaid 200.00-acre
240	246		tract, same being the west R.O.W. line of said FM 359;
241	247		12. Thence, with the common line of said 200.00-acre tract
242	248		and said FM 359, South 00 degrees 13 minutes 50 seconds East, a
243	249		distance of 610.26 feet to the Point of Beginning and containing
244	250		437.6585 acres of land.
245	251		SECTION 3. (a) The legal notice of the intention to
246	252		introduce this Act, setting forth the general substance of this
247	253		Act, has been published as provided by law, and the notice and a
248	254		copy of this Act have been furnished to all persons, agencies,
249	255		officials, or entities to which they are required to be furnished
250	256		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
251	257		Government Code.
252	258		(b) The governor, one of the required recipients, has
253	259		submitted the notice and Act to the Texas Commission on
254	260		Environmental Quality.
255	261		(c) The Texas Commission on Environmental Quality has filed
256	262		its recommendations relating to this Act with the governor, the
257	263		lieutenant governor, and the speaker of the house of
258	264		representatives within the required time.
259	265		(d) All requirements of the constitution and laws of this
260	266		state and the rules and procedures of the legislature with respect
261	267		to the notice, introduction, and passage of this Act are fulfilled
262	268		and accomplished.
263	269		SECTION 4. (a) If this Act does not receive a two-thirds
264	270		vote of all the members elected to each house, Subchapter C, Chapter
265	271		8062, Special District Local Laws Code, as added by Section 1 of
266	272		this Act, is amended by adding Section 8062.0306 to read as follows:
267	273		Sec. 8062.0306. NO EMINENT DOMAIN POWER. The district may
268	274		not exercise the power of eminent domain.
269	275		(b) This section is not intended to be an expression of a
270	276		legislative interpretation of the requirements of Section 17(c),
271	277		Article I, Texas Constitution.
272	278		SECTION 5. This Act takes effect immediately if it receives
273	279		a vote of two-thirds of all the members elected to each house, as
274	280		provided by Section 39, Article III, Texas Constitution. If this
275	281		Act does not receive the vote necessary for immediate effect, this
276	282		Act takes effect September 1, 2019.
277		-	______________________________ ______________________________
278		-	President of the Senate Speaker of the House
279		-	I certify that H.B. No. 1934 was passed by the House on April
280		-	12, 2019, by the following vote: Yeas 138, Nays 5, 2 present, not
281		-	voting.
282		-	______________________________
283		-	Chief Clerk of the House
284		-	I certify that H.B. No. 1934 was passed by the Senate on May
285		-	10, 2019, by the following vote: Yeas 30, Nays 1.
286		-	______________________________
287		-	Secretary of the Senate
288		-	APPROVED: _____________________
289		-	Date
290		-	_____________________
291		-	Governor
	283	+	* * * * *