Texas 2019 - 86th Regular

Texas House Bill HB2060 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2060
	1	+	By: Stephenson (Senate Sponsor - Huffman) H.B. No. 2060
	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 16, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 16, 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. 233; 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 8068 to read as follows:
12	18		CHAPTER 8068. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 233
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 8068.0101. 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. 233.
21	27		Sec. 8068.0102. 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. 8068.0103. 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. 8068.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section
30	36		8068.0103 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. 8068.0105. 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. 8068.0106. 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. 8068.0201. 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 8068.0202, directors
60	66		serve staggered four-year terms.
61	67		Sec. 8068.0202. TEMPORARY DIRECTORS. (a) The temporary
62	68		board consists of:
63	69		(1) KayeLynn White;
64	70		(2) James Grissom;
65	71		(3) Whitney Aelmore;
66	72		(4) Juan Alexander; and
67	73		(5) Shanda Conroy.
68	74		(b) Temporary directors serve until the earlier of:
69	75		(1) the date permanent directors are elected under
70	76		Section 8068.0103; 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 8068.0103 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 8068.0103; 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. 8068.0301. 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. 8068.0302. 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. 8068.0303. 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. 8068.0304. 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. 8068.0305. 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		Sec. 8068.0306. LIMITATION ON USE OF EMINENT DOMAIN. The
124	130		district may not exercise the power of eminent domain outside the
125	131		district boundaries to acquire a site or easement for:
126	132		(1) a recreational facility, as defined by Section
127	133		49.462, Water Code; or
128	134		(2) a road project authorized by Section 8068.0303.
129	135		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
130	136		Sec. 8068.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
131	137		The district may issue, without an election, bonds and other
132	138		obligations secured by:
133	139		(1) revenue other than ad valorem taxes; or
134	140		(2) contract payments described by Section 8068.0403.
135	141		(b) The district must hold an election in the manner
136	142		provided by Chapters 49 and 54, Water Code, to obtain voter approval
137	143		before the district may impose an ad valorem tax or issue bonds
138	144		payable from ad valorem taxes.
139	145		(c) The district may not issue bonds payable from ad valorem
140	146		taxes to finance a road project unless the issuance is approved by a
141	147		vote of a two-thirds majority of the district voters voting at an
142	148		election held for that purpose.
143	149		Sec. 8068.0402. OPERATION AND MAINTENANCE TAX. (a) If
144	150		authorized at an election held under Section 8068.0401, the
145	151		district may impose an operation and maintenance tax on taxable
146	152		property in the district in accordance with Section 49.107, Water
147	153		Code.
148	154		(b) The board shall determine the tax rate. The rate may not
149	155		exceed the rate approved at the election.
150	156		Sec. 8068.0403. CONTRACT TAXES. (a) In accordance with
151	157		Section 49.108, Water Code, the district may impose a tax other than
152	158		an operation and maintenance tax and use the revenue derived from
153	159		the tax to make payments under a contract after the provisions of
154	160		the contract have been approved by a majority of the district voters
155	161		voting at an election held for that purpose.
156	162		(b) A contract approved by the district voters may contain a
157	163		provision stating that the contract may be modified or amended by
158	164		the board without further voter approval.
159	165		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
160	166		Sec. 8068.0501. AUTHORITY TO ISSUE BONDS AND OTHER
161	167		OBLIGATIONS. The district may issue bonds or other obligations
162	168		payable wholly or partly from ad valorem taxes, impact fees,
163	169		revenue, contract payments, grants, or other district money, or any
164	170		combination of those sources, to pay for any authorized district
165	171		purpose.
166	172		Sec. 8068.0502. TAXES FOR BONDS. At the time the district
167	173		issues bonds payable wholly or partly from ad valorem taxes, the
168	174		board shall provide for the annual imposition of a continuing
169	175		direct ad valorem tax, without limit as to rate or amount, while all
170	176		or part of the bonds are outstanding as required and in the manner
171	177		provided by Sections 54.601 and 54.602, Water Code.
172	178		Sec. 8068.0503. BONDS FOR ROAD PROJECTS. At the time of
173	179		issuance, the total principal amount of bonds or other obligations
174	180		issued or incurred to finance road projects and payable from ad
175	181		valorem taxes may not exceed one-fourth of the assessed value of the
176	182		real property in the district.
177	183		SECTION 2. The Fort Bend County Municipal Utility District
178	184		No. 233 initially includes all the territory contained in the
179	185		following area:
180	186		Being a 210.3-acre tract of land located in the J. D.
181	187		Vermillion Survey, A-340 and the B. B. B. & C. R.R. Co. Survey
182	188		No. 11, A-132, Fort Bend County, Texas; said 210.3-acre tract being
183	189		the remainder of a called 222.87-acre tract of land originally
184	190		conveyed to F.X. Joerger in Volume 86, Page 74 of the Fort Bend
185	191		County Deed Records (F.B.C.D.R.) and later partitioned in Clerk's
186	192		File Number 2017121854 of the Official Public Records of Fort Bend
187	193		County (O.P.R.F.B.C.); said 210.3-acre tract being more
188	194		particularly described by metes and bounds as follows (all bearings
189	195		are referenced to the Texas Coordinate System, NAD 83, 2011 Adj.,
190	196		South Central Zone):
191	197		Beginning at a 5/8-inch iron rod (bent) found for the east
192	198		corner of said called 222.87-acre tract, the north corner of The
193	199		Meadows on Koeblen, a subdivision recorded in Slide Number 1230A of
194	200		the Fort Bend County Plat Records (F.B.C.P.R.), same being on the
195	201		southwest line of a called 117.374-acre tract of land recorded in
196	202		Clerk's File Number 2009048080;
197	203		1. Thence, with the south line of said called 222.87-acre
198	204		tract and the north line of said The Meadows on Koeblen, South 42
199	205		degrees 13 minutes 09 seconds West, a distance of 841.11 feet to a
200	206		5/8-inch iron rod with cap stamped "COSTELLO INC" set on the
201	207		northeasterly line of Koeblen Road (60 feet wide easement), as
202	208		recorded in Commissioners Court Meeting Minutes, dated April 28,
203	209		1986 from which a 1/2-inch iron pipe found for the north corner of a
204	210		called 100.5-acre tract of land recorded in Clerk's File Number
205	211		2012117049 of the O.P.R.F.B.C. bears S42°13'09"W, 7.78';
206	212		Thence, with the northwesterly and northeasterly easement
207	213		line of said Koeblen Road, the following four (4) courses:
208	214		2. 98.97 feet along the arc of a curve to the left, said
209	215		curve having a central angle of 46 degrees 28 minutes 52 seconds, a
210	216		radius of 122.00 feet and a chord that bears South 64 degrees 59
211	217		minutes 43 seconds West, a distance of 96.28 feet to a 5/8-inch iron
212	218		rod with cap stamped "COSTELLO INC" set;
213	219		3. South 41 degrees 45 minutes 17 seconds West, a distance
214	220		of 445.02 feet to a 5/8-inch iron rod with cap stamped "COSTELLO
215	221		INC" set;
216	222		4. 127.94 feet along the arc of a curve to the right, said
217	223		curve having a central angle of 80 degrees 06 minutes 53 seconds, a
218	224		radius of 91.50 feet and a chord that bears South 81 degrees 48
219	225		minutes 43 seconds West, a distance of 117.77 feet to a 5/8-inch
220	226		iron rod with cap stamped "COSTELLO INC" set;
221	227		5. North 58 degrees 07 minutes 50 seconds West, a distance
222	228		of 5,475.47 feet to a 5/8-inch iron rod with cap stamped "COSTELLO
223	229		INC" set at the easterly intersection of aforesaid Koeblen Road and
224	230		the pending south right-of-way (R.O.W.) line of FM 2218, TxDOT
225	231		Parcel 84, RCSJ 2093-01-028 dated February 2018;
226	232		6. Thence, with said south R.O.W. line of said FM 2218,
227	233		North 18 degrees 08 minutes 33 seconds East, a distance of 512.74
228	234		feet (called N18°08'39"W) to a TxDOT monument found;
229	235		7. Thence, continuing with said south R.O.W., 132.95 feet
230	236		along the arc of a curve to the right, said curve having a central
231	237		angle of 00 degrees 40 minutes 45 seconds, a radius of 11,215.00
232	238		feet and a chord that bears North 18 degrees 28 minutes 56 seconds
233	239		East, a distance of 132.94 feet to a 5/8-inch iron rod with cap
234	240		stamped "COSTELLO INC" set the northwest corner of the herein
235	241		described tract;
236	242		8. Thence, South 87 degrees 39 minutes 20 seconds East, a
237	243		distance of 2,317.30 feet to a 1-inch iron pipe found;
238	244		9. Thence, North 41 degrees 01 minutes 22 seconds East, a
239	245		distance of 329.07 feet a 3/4-inch iron pipe found on the northeast
240	246		line of aforesaid called 222.87-acre tract and the southwest line
241	247		of a called 105.672-acre tract of land recorded in Volume 2669, Page
242	248		428 of the F.B.C.D.R.;
243	249		10. Thence, with the northeast line of said called
244	250		222.87-acre tract, South 48 degrees 50 minutes 23 seconds East, a
245	251		distance of 122.46 feet to a 5/8-inch iron rod with cap stamped
246	252		"COSTELLO INC" set;
247	253		11. Thence, through said called 222.87-acre tract, South 47
248	254		degrees 30 minutes 57 seconds East, a distance of 1975.66 feet to a
249	255		5/8-inch iron rod with cap stamped "COSTELLO INC" set;
250	256		12. Thence, continuing through said called 222.87-acre
251	257		tract, North 50 degrees 13 minutes 33 seconds East, a distance of
252	258		46.23 feet to a 5/8-inch iron rod with cap stamped "COSTELLO INC"
253	259		set on the northeast line of said called 222.87-acre tract;
254	260		13. Thence, with the northeast line of said called
255	261		222.87-acre tract, South 48 degrees 50 minutes 23 seconds East, a
256	262		distance of 186.02' feet to a 1-inch iron pipe found for the south
257	263		corner of said called 105.672-acre tract and the westerly corner of
258	264		aforesaid called 117.374-acre tract;
259	265		14. Thence, with the common line of said called 222.87-acre
260	266		tract and said called 117.374-acre tract, South 47 degrees 51
261	267		minutes 59 seconds East, a distance of 1,695.75 feet to the Point of
262	268		Beginning and containing 210.3-acres of land.
263	269		SECTION 3. (a) The legal notice of the intention to
264	270		introduce this Act, setting forth the general substance of this
265	271		Act, has been published as provided by law, and the notice and a
266	272		copy of this Act have been furnished to all persons, agencies,
267	273		officials, or entities to which they are required to be furnished
268	274		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
269	275		Government Code.
270	276		(b) The governor, one of the required recipients, has
271	277		submitted the notice and Act to the Texas Commission on
272	278		Environmental Quality.
273	279		(c) The Texas Commission on Environmental Quality has filed
274	280		its recommendations relating to this Act with the governor, the
275	281		lieutenant governor, and the speaker of the house of
276	282		representatives within the required time.
277	283		(d) All requirements of the constitution and laws of this
278	284		state and the rules and procedures of the legislature with respect
279	285		to the notice, introduction, and passage of this Act are fulfilled
280	286		and accomplished.
281	287		SECTION 4. (a) Section 8068.0306, Special District Local
282	288		Laws Code, as added by Section 1 of this Act, takes effect only if
283	289		this Act receives a two-thirds vote of all the members elected to
284	290		each house.
285	291		(b) If this Act does not receive a two-thirds vote of all the
286	292		members elected to each house, Subchapter C, Chapter 8068, Special
287	293		District Local Laws Code, as added by Section 1 of this Act, is
288	294		amended by adding Section 8068.0306 to read as follows:
289	295		Sec. 8068.0306. NO EMINENT DOMAIN POWER. The district may
290	296		not exercise the power of eminent domain.
291	297		(c) This section is not intended to be an expression of a
292	298		legislative interpretation of the requirements of Section 17(c),
293	299		Article I, Texas Constitution.
294	300		SECTION 5. This Act takes effect immediately if it receives
295	301		a vote of two-thirds of all the members elected to each house, as
296	302		provided by Section 39, Article III, Texas Constitution. If this
297	303		Act does not receive the vote necessary for immediate effect, this
298	304		Act takes effect September 1, 2019.
299		-	______________________________ ______________________________
300		-	President of the Senate Speaker of the House
301		-	I certify that H.B. No. 2060 was passed by the House on April
302		-	12, 2019, by the following vote: Yeas 139, Nays 4, 2 present, not
303		-	voting.
304		-	______________________________
305		-	Chief Clerk of the House
306		-	I certify that H.B. No. 2060 was passed by the Senate on May
307		-	22, 2019, by the following vote: Yeas 30, Nays 1.
308		-	______________________________
309		-	Secretary of the Senate
310		-	APPROVED: _____________________
311		-	Date
312		-	_____________________
313		-	Governor
	305	+	* * * * *