Texas 2019 - 86th Regular

Texas House Bill HB3019 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3019
	1	+	By: Miller (Senate Sponsor - Kolkhorst) H.B. No. 3019
	2	+	(In the Senate - Received from the House May 8, 2019;
	3	+	May 10, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 17, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 17, 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. 234; 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 8055 to read as follows:
12	18		CHAPTER 8055. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 234
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 8055.0101. 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. 234.
21	27		Sec. 8055.0102. 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. 8055.0103. 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. 8055.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section
30	36		8055.0103 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. 8055.0105. 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. 8055.0106. 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. 8055.0201. 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 8055.0202, directors
60	66		serve staggered four-year terms.
61	67		Sec. 8055.0202. TEMPORARY DIRECTORS. (a) On or after
62	68		September 1, 2019, the owner or owners of a majority of the assessed
63	69		value of the real property in the district may submit a petition to
64	70		the commission requesting that the commission appoint as temporary
65	71		directors the five persons named in the petition. The commission
66	72		shall appoint as temporary directors the five persons named in the
67	73		petition.
68	74		(b) Temporary directors serve until the earlier of:
69	75		(1) the date permanent directors are elected under
70	76		Section 8055.0103; or
71	77		(2) September 1, 2023.
72	78		(c) If permanent directors have not been elected under
73	79		Section 8055.0103 and the terms of the temporary directors have
74	80		expired, successor temporary directors shall be appointed or
75	81		reappointed as provided by Subsection (d) to serve terms that
76	82		expire on the earlier of:
77	83		(1) the date permanent directors are elected under
78	84		Section 8055.0103; or
79	85		(2) the fourth anniversary of the date of the
80	86		appointment or reappointment.
81	87		(d) If Subsection (c) applies, the owner or owners of a
82	88		majority of the assessed value of the real property in the district
83	89		may submit a petition to the commission requesting that the
84	90		commission appoint as successor temporary directors the five
85	91		persons named in the petition. The commission shall appoint as
86	92		successor temporary directors the five persons named in the
87	93		petition.
88	94		SUBCHAPTER C. POWERS AND DUTIES
89	95		Sec. 8055.0301. GENERAL POWERS AND DUTIES. The district
90	96		has the powers and duties necessary to accomplish the purposes for
91	97		which the district is created.
92	98		Sec. 8055.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
93	99		DUTIES. The district has the powers and duties provided by the
94	100		general law of this state, including Chapters 49 and 54, Water Code,
95	101		applicable to municipal utility districts created under Section 59,
96	102		Article XVI, Texas Constitution.
97	103		Sec. 8055.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
98	104		52, Article III, Texas Constitution, the district may design,
99	105		acquire, construct, finance, issue bonds for, improve, operate,
100	106		maintain, and convey to this state, a county, or a municipality for
101	107		operation and maintenance macadamized, graveled, or paved roads, or
102	108		improvements, including storm drainage, in aid of those roads.
103	109		Sec. 8055.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
104	110		road project must meet all applicable construction standards,
105	111		zoning and subdivision requirements, and regulations of each
106	112		municipality in whose corporate limits or extraterritorial
107	113		jurisdiction the road project is located.
108	114		(b) If a road project is not located in the corporate limits
109	115		or extraterritorial jurisdiction of a municipality, the road
110	116		project must meet all applicable construction standards,
111	117		subdivision requirements, and regulations of each county in which
112	118		the road project is located.
113	119		(c) If the state will maintain and operate the road, the
114	120		Texas Transportation Commission must approve the plans and
115	121		specifications of the road project.
116	122		Sec. 8055.0305. COMPLIANCE WITH MUNICIPAL CONSENT
117	123		ORDINANCE OR RESOLUTION. The district shall comply with all
118	124		applicable requirements of any ordinance or resolution that is
119	125		adopted under Section 54.016 or 54.0165, Water Code, and that
120	126		consents to the creation of the district or to the inclusion of land
121	127		in the district.
122	128		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
123	129		Sec. 8055.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
124	130		The district may issue, without an election, bonds and other
125	131		obligations secured by:
126	132		(1) revenue other than ad valorem taxes; or
127	133		(2) contract payments described by Section 8055.0403.
128	134		(b) The district must hold an election in the manner
129	135		provided by Chapters 49 and 54, Water Code, to obtain voter approval
130	136		before the district may impose an ad valorem tax or issue bonds
131	137		payable from ad valorem taxes.
132	138		(c) The district may not issue bonds payable from ad valorem
133	139		taxes to finance a road project unless the issuance is approved by a
134	140		vote of a two-thirds majority of the district voters voting at an
135	141		election held for that purpose.
136	142		Sec. 8055.0402. OPERATION AND MAINTENANCE TAX. (a) If
137	143		authorized at an election held under Section 8055.0401, the
138	144		district may impose an operation and maintenance tax on taxable
139	145		property in the district in accordance with Section 49.107, Water
140	146		Code.
141	147		(b) The board shall determine the tax rate. The rate may not
142	148		exceed the rate approved at the election.
143	149		Sec. 8055.0403. CONTRACT TAXES. (a) In accordance with
144	150		Section 49.108, Water Code, the district may impose a tax other than
145	151		an operation and maintenance tax and use the revenue derived from
146	152		the tax to make payments under a contract after the provisions of
147	153		the contract have been approved by a majority of the district voters
148	154		voting at an election held for that purpose.
149	155		(b) A contract approved by the district voters may contain a
150	156		provision stating that the contract may be modified or amended by
151	157		the board without further voter approval.
152	158		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
153	159		Sec. 8055.0501. AUTHORITY TO ISSUE BONDS AND OTHER
154	160		OBLIGATIONS. The district may issue bonds or other obligations
155	161		payable wholly or partly from ad valorem taxes, impact fees,
156	162		revenue, contract payments, grants, or other district money, or any
157	163		combination of those sources, to pay for any authorized district
158	164		purpose.
159	165		Sec. 8055.0502. TAXES FOR BONDS. At the time the district
160	166		issues bonds payable wholly or partly from ad valorem taxes, the
161	167		board shall provide for the annual imposition of a continuing
162	168		direct ad valorem tax, without limit as to rate or amount, while all
163	169		or part of the bonds are outstanding as required and in the manner
164	170		provided by Sections 54.601 and 54.602, Water Code.
165	171		Sec. 8055.0503. BONDS FOR ROAD PROJECTS. At the time of
166	172		issuance, the total principal amount of bonds or other obligations
167	173		issued or incurred to finance road projects and payable from ad
168	174		valorem taxes may not exceed one-fourth of the assessed value of the
169	175		real property in the district.
170	176		SECTION 2. The Fort Bend County Municipal Utility District
171	177		No. 234 initially includes all the territory contained in the
172	178		following area:
173	179		Being a 312.47 acre tract of land, located in the Mills M. Battle
174	180		League, Abstract-9, Fort Bend County, Texas; said 312.47 acre tract
175	181		being all of a called 311.889 acre tract, Tract 2, recorded in the
176	182		name of State of Texas for the use and benefit of the Permanent
177	183		School Fund, under Fort Bend County Clerk's File Number
178	184		(F.B.C.C.F.No.) 2003023371, also being all of a called 311.885
179	185		acres, Tract 2, of State of Texas Department of Highways and Public
180	186		Transportation, a subdivision plat of which is recorded under
181	187		Slides Number 1831B and 1832A, Plat Records of Fort Bend County,
182	188		Texas (P.R.F.B.C.T.); said 312.47 acre tract being more
183	189		particularly described by metes and bounds as follows (All bearings
184	190		and coordinates refer to the Texas Coordinate System of 1983, South
185	191		Central Zone, obtained from GPS Observation of monuments at either
186	192		end of the southerly boundary line (called South 65 degrees 40
187	193		minutes 41 seconds West, 3,232.12 feet, under said
188	194		F.B.C.C.F.No. 2003023371; and South 65 degrees 40 minutes 46
189	195		seconds West, 3,232.12 feet, under said Slides Number 1831B and
190	196		1832A, P.R.F.B.C.T.); (All bearings and coordinates are grid and
191	197		may be converted to surface by applying the combined scale factor of
192	198		0.999875); GPS observations referenced to base stations: DH3618
193	199		TXRO ROSENBERG CORS ARP, DF5352 ANG1 ANGLETON 1 CORS ARP, and DF4379
194	200		TXHU HOUSTON RRP2 CORS ARP; and processed through OPUS):
195	201		BEGINNING at a 5/8-inch iron rod found, with aluminum cap marked
196	202		Texas Department of Corrections (X=3,025,310.72; Y=13,782,264.28),
197	203		marking the southwest corner of said 311.889 acre tract, the
198	204		southeast corner of a called 20 acre tract recorded in the name of
199	205		Robert Schumann in Volume 66, Page 486, Probate Records of Fort Bend
200	206		County, Texas, said rod being in the west line of said Mills M.
201	207		Battle League, and the east line of the J. H. Cartwright League,
202	208		Abstract-16, said rod also being in the northerly right-of-way
203	209		(R.O.W.) line of the Southern Pacific Railroad (100 feet wide;
204	210		Volume V, Page 226, and Volume 39, Page 220, both of the Deed
205	211		Records of Fort Bend County, Texas (D.R.F.B.C.T.), for the
206	212		southwest corner of the herein described tract;
207	213		THENCE, with the west line of said Mills M. Battle League and said
208	214		311.889 acre tract, being the east line of said J. H. Cartwright
209	215		League, being the east lines of the following six (6) tracts of
210	216		land: said 20 acre tract; a called 63.275 acre tract recorded in the
211	217		name of Robert Schumann, et al, in Volume 2154, Page 1748,
212	218		D.R.F.B.C.T.; Chelsea Harbour, Sec. 1, a subdivision plat of which
213	219		is recorded under Slides Number 2218B, 2219A and 2219B,
214	220		P.R.F.B.C.T.; Chelsea Harbour, Sec. 2, a subdivision plat of which
215	221		is recorded under Slides Number 2453B and 2454A, P.R.F.B.C.T,; a
216	222		called 37.6535 acre tract recorded in the name of Campbell Concrete &
217	223		Materials, L.P., under F.B.C.C.F.No. 9825453; and a called 40.0
218	224		acre tract recorded in the name of Timothy Lee Schumann, et al,
219	225		under F.B.C.C.F.No. 2003074810; North 02 degrees 47 minutes 14
220	226		seconds West, passing at a distance of 902.09 feet, a 1/2-inch iron
221	227		pipe (disturbed) found 1.7 feet East of line, passing at 1,426.25
222	228		feet, a 1/2-inch iron pipe (disturbed) found 1.9 feet East of line,
223	229		passing at 1,950.35 feet, a 1/2-inch iron pipe (disturbed) found
224	230		2.1 feet East of line, passing at 2,475.25 feet, a 1/2-inch iron
225	231		pipe found 2.2 feet East of line, passing at 3,015.52 feet, a
226	232		1/2-inch iron pipe found at a fence corner 2.7 feet East of line,
227	233		passing at 4,554.09 feet, a 1/2-inch iron pipe found 2.9 feet East
228	234		of line, passing at 5,716.72 feet, a 1-inch iron pipe found marking
229	235		a reference point on the high-bank of Oyster Creek, continuing in
230	236		all a total distance of 5,816.84 feet (called North 02 degrees 47
231	237		minutes 15 seconds West, 5,816.84 feet, under said
232	238		F.B.C.C.F.No. 2003023371; and North 02 degrees 47 minutes 10
233	239		seconds West, 5,816.84 feet, under said Slides Number 1831B and
234	240		1832A, P.R.F.B.C.T.), to a point at the northwest corner of said
235	241		311.889 acre tract, and the southwest corner of a called 310.602
236	242		acre tract recorded in the name of The Houston Parks Board, in
237	243		Volume 2161, Page 882, D.R.F.B.C.T., in the centerline of said
238	244		Oyster Creek , for the northwest corner of the herein described
239	245		tract;
240	246		THENCE, along the northerly lines of said 311.889 acre tract, and
241	247		the southerly lines of said 310.602 acre tract, being the
242	248		centerline of said Oyster Creek, the following twenty-three (23)
243	249		courses:
244	250		1. North 28 degrees 48 minutes 31 seconds East, a distance of 56.10
245	251		feet, to an angle point;
246	252		2. North 62 degrees 55 minutes 53 seconds East, a distance of
247	253		113.39 feet, to an angle point;
248	254		3. North 77 degrees 44 minutes 38 seconds East, a distance of
249	255		365.14 feet, to an angle point;
250	256		4. South 87 degrees 27 minutes 26 seconds East, a distance of
251	257		153.90 feet, to an angle point;
252	258		5. South 61 degrees 26 minutes 43 seconds East, a distance of
253	259		176.89 feet, to an angle point;
254	260		6. South 47 degrees 07 minutes 30 seconds East, a distance of
255	261		141.17 feet, to an angle point;
256	262		7. South 59 degrees 07 minutes 05 seconds East, a distance of
257	263		174.90 feet, to an angle point;
258	264		8. South 36 degrees 41 minutes 05 seconds East, a distance of
259	265		119.78 feet, to an angle point;
260	266		9. South 26 degrees 38 minutes 40 seconds East, a distance of
261	267		386.47 feet, to an angle point;
262	268		10. South 21 degrees 03 minutes 17 seconds East, a distance of
263	269		195.66 feet, to an angle point;
264	270		11. South 28 degrees 51 minutes 45 seconds East, a distance of
265	271		313.25 feet, to an angle point;
266	272		12. South 54 degrees 11 minutes 56 seconds East, a distance of
267	273		125.49 feet, to an angle point;
268	274		13. South 66 degrees 58 minutes 32 seconds East, a distance of
269	275		83.72 feet, to an angle point;
270	276		14. South 71 degrees 22 minutes 55 seconds East, a distance of
271	277		164.67 feet, to an angle point;
272	278		15. South 81 degrees 06 minutes 18 seconds East, a distance of
273	279		242.28 feet, to an angle point;
274	280		16. South 88 degrees 00 minutes 32 seconds East, a distance of
275	281		218.36 feet, to an angle point;
276	282		17. North 88 degrees 28 minutes 11 seconds East, a distance of
277	283		220.44 feet, to an angle point;
278	284		18. North 86 degrees 08 minutes 50 seconds East, a distance of
279	285		102.54 feet, to an angle point;
280	286		19. North 74 degrees 01 minutes 18 seconds East, a distance of
281	287		64.46 feet, to an angle point;
282	288		20. North 62 degrees 38 minutes 26 seconds East, a distance of
283	289		128.70 feet, to an angle point;
284	290		21. North 45 degrees 43 minutes 00 seconds East, a distance of
285	291		129.35 feet, to an angle point;
286	292		22. North 49 degrees 07 minutes 47 seconds East, a distance of
287	293		117.34 feet, to an angle point;
288	294		23. North 48 degrees 31 minutes 10 seconds East, a distance of
289	295		88.29 feet, to the northeast corner of said 311.889 acre tract, in
290	296		the westerly line of the residue of a 5,202.88 acre tract recorded
291	297		in the name of Central Prison Farm, in Volume 152, Page 425,
292	298		D.R.F.B.C.T., for the northeast corner of the herein described
293	299		tract;
294	300		THENCE, with the east line of said 311.889 acre tract, and the west
295	301		line of said residue tract, South 02 degrees 47 minutes 39 seconds
296	302		East, passing at 92.26 feet, a 1 inch iron pipe found marking a
297	303		reference on the high-bank of said Oyster Creek, continuing in all a
298	304		total distance of 3,597.17 feet (called South 02 degrees 47 minutes
299	305		40 seconds East, 3,586.77 feet, under said
300	306		F.B.C.C.F.No. 2003023371; and South 02 degrees 47 minutes 41
301	307		seconds East, 3,586.75 feet, under said Slides Number 1831B and
302	308		1832A, P.R.F.B.C.T.), to a capped 5/8-inch iron rod
303	309		(X=3,028,255.61; Y=13,783,595.29), marked Miller Survey Group set
304	310		at the southeast corner of said 311.889 acre tract, and the
305	311		southwest corner of said residue tract, being in the northerly
306	312		R.O.W. line of said Southern Pacific Railroad, for the southeast
307	313		corner of the herein described tract;
308	314		THENCE, with the south line of said 311.889 acre tract, and the
309	315		northerly R.O.W. line of said Southern Pacific Railroad, South 65
310	316		degrees 40 minutes 42 seconds West, a distance of 3,232.11 feet, to
311	317		the POINT OF BEGINNING and containing 312.47 acres of land.
312	318		Approximately 15.29 acres of this tract lies within the boundaries
313	319		of AE floodway of oyster creek, as shown on the recorded plat of
314	320		State of Texas State Department of Highways and Public
315	321		Transportation.
316	322		SECTION 3. (a) The legal notice of the intention to
317	323		introduce this Act, setting forth the general substance of this
318	324		Act, has been published as provided by law, and the notice and a
319	325		copy of this Act have been furnished to all persons, agencies,
320	326		officials, or entities to which they are required to be furnished
321	327		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
322	328		Government Code.
323	329		(b) The governor, one of the required recipients, has
324	330		submitted the notice and Act to the Texas Commission on
325	331		Environmental Quality.
326	332		(c) The Texas Commission on Environmental Quality has filed
327	333		its recommendations relating to this Act with the governor, the
328	334		lieutenant governor, and the speaker of the house of
329	335		representatives within the required time.
330	336		(d) All requirements of the constitution and laws of this
331	337		state and the rules and procedures of the legislature with respect
332	338		to the notice, introduction, and passage of this Act are fulfilled
333	339		and accomplished.
334	340		SECTION 4. (a) If this Act does not receive a two-thirds
335	341		vote of all the members elected to each house, Subchapter C, Chapter
336	342		8055, Special District Local Laws Code, as added by Section 1 of
337	343		this Act, is amended by adding Section 8055.0306 to read as follows:
338	344		Sec. 8055.0306. NO EMINENT DOMAIN POWER. The district may
339	345		not exercise the power of eminent domain.
340	346		(b) This section is not intended to be an expression of a
341	347		legislative interpretation of the requirements of Section 17(c),
342	348		Article I, Texas Constitution.
343	349		SECTION 5. This Act takes effect September 1, 2019.
344		-	______________________________ ______________________________
345		-	President of the Senate Speaker of the House
346		-	I certify that H.B. No. 3019 was passed by the House on May 7,
347		-	2019, by the following vote: Yeas 130, Nays 16, 2 present, not
348		-	voting.
349		-	______________________________
350		-	Chief Clerk of the House
351		-	I certify that H.B. No. 3019 was passed by the Senate on May
352		-	22, 2019, by the following vote: Yeas 30, Nays 1.
353		-	______________________________
354		-	Secretary of the Senate
355		-	APPROVED: _____________________
356		-	Date
357		-	_____________________
358		-	Governor
	350	+	* * * * *