Texas 2019 - 86th Regular

Texas House Bill HB3020 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 3020
	1	+	By: Zerwas (Senate Sponsor - Kolkhorst) H.B. No. 3020
	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. 238; 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 8072 to read as follows:
12	18		CHAPTER 8072. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 238
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 8072.0101. 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. 238.
21	27		Sec. 8072.0102. 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. 8072.0103. 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. 8072.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section
30	36		8072.0103 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. 8072.0105. 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. 8072.0106. 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		-	Sec. 8072.0201. GOVERNING BODY; TERMS. (a) The district is
58		-	governed by a board of five elected directors.
	63	+	Sec. 8072.0201. GOVERNING BODY; TERMS. (a) The district
	64	+	is governed by a board of five elected directors.
59	65		(b) Except as provided by Section 8072.0202, directors
60	66		serve staggered four-year terms.
61	67		Sec. 8072.0202. 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 8072.0103; 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 8072.0103 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 8072.0103; 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. 8072.0301. 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. 8072.0302. 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. 8072.0303. 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. 8072.0304. 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. 8072.0305. 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		-	Sec. 8072.0306. DIVISION OF DISTRICT. (a) The district ~~may~~
124		-	be divided into two or more new districts only if the district:
	129	+	Sec. 8072.0306. DIVISION OF DISTRICT. (a) The district
	130	+	may be divided into two or more new districts only if the district:
125	131		(1) has no outstanding bonded debt; and
126	132		(2) is not imposing ad valorem taxes.
127	133		(b) This chapter applies to any new district created by the
128	134		division of the district, and a new district has all the powers and
129	135		duties of the district.
130	136		(c) Any new district created by the division of the district
131	137		may not, at the time the new district is created, contain any land
132	138		outside the area described by Section 2 of the Act enacting this
133	139		chapter.
134	140		(d) The board, on its own motion or on receipt of a petition
135	141		signed by the owner or owners of a majority of the assessed value of
136	142		the real property in the district, may adopt an order dividing the
137	143		district.
138	144		(e) The board may adopt an order dividing the district
139	145		before or after the date the board holds an election under Section
140	146		8072.0103 to confirm the creation of the district.
141	147		(f) An order dividing the district shall:
142	148		(1) name each new district;
143	149		(2) include the metes and bounds description of the
144	150		territory of each new district;
145	151		(3) appoint temporary directors for each new district;
146	152		and
147	153		(4) provide for the division of assets and liabilities
148	154		between or among the new districts.
149	155		(g) On or before the 30th day after the date of adoption of
150	156		an order dividing the district, the district shall file the order
151	157		with the commission and record the order in the real property
152	158		records of each county in which the district is located.
153	159		(h) Any new district created by the division of the district
154	160		shall hold a confirmation and directors' election as required by
155	161		Section 8072.0103.
156	162		(i) Municipal consent to the creation of the district and to
157	163		the inclusion of land in the district granted under Section
158	164		8072.0104 acts as municipal consent to the creation of any new
159	165		district created by the division of the district and to the
160	166		inclusion of land in the new district.
161	167		(j) Any new district created by the division of the district
162	168		must hold an election as required by this chapter to obtain voter
163	169		approval before the district may impose a maintenance tax or issue
164	170		bonds payable wholly or partly from ad valorem taxes.
165	171		(k) If the creation of the new district is confirmed, the
166	172		new district shall provide the election date and results to the
167	173		commission.
168	174		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
169		-	Sec. 8072.0401. ELECTIONS REGARDING TAXES OR BONDS. ~~(a)~~
170		-	The district may issue, without an election, bonds and other
	175	+	Sec. 8072.0401. ELECTIONS REGARDING TAXES OR BONDS.
	176	+	(a) The district may issue, without an election, bonds and other
171	177		obligations secured by:
172	178		(1) revenue other than ad valorem taxes; or
173	179		(2) contract payments described by Section 8072.0403.
174	180		(b) The district must hold an election in the manner
175	181		provided by Chapters 49 and 54, Water Code, to obtain voter approval
176	182		before the district may impose an ad valorem tax or issue bonds
177	183		payable from ad valorem taxes.
178	184		(c) The district may not issue bonds payable from ad valorem
179	185		taxes to finance a road project unless the issuance is approved by a
180	186		vote of a two-thirds majority of the district voters voting at an
181	187		election held for that purpose.
182	188		Sec. 8072.0402. OPERATION AND MAINTENANCE TAX. (a) If
183	189		authorized at an election held under Section 8072.0401, the
184	190		district may impose an operation and maintenance tax on taxable
185	191		property in the district in accordance with Section 49.107, Water
186	192		Code.
187	193		(b) The board shall determine the tax rate. The rate may not
188	194		exceed the rate approved at the election.
189	195		Sec. 8072.0403. CONTRACT TAXES. (a) In accordance with
190	196		Section 49.108, Water Code, the district may impose a tax other than
191	197		an operation and maintenance tax and use the revenue derived from
192	198		the tax to make payments under a contract after the provisions of
193	199		the contract have been approved by a majority of the district voters
194	200		voting at an election held for that purpose.
195	201		(b) A contract approved by the district voters may contain a
196	202		provision stating that the contract may be modified or amended by
197	203		the board without further voter approval.
198	204		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
199	205		Sec. 8072.0501. AUTHORITY TO ISSUE BONDS AND OTHER
200	206		OBLIGATIONS. The district may issue bonds or other obligations
201	207		payable wholly or partly from ad valorem taxes, impact fees,
202	208		revenue, contract payments, grants, or other district money, or any
203	209		combination of those sources, to pay for any authorized district
204	210		purpose.
205	211		Sec. 8072.0502. TAXES FOR BONDS. At the time the district
206	212		issues bonds payable wholly or partly from ad valorem taxes, the
207	213		board shall provide for the annual imposition of a continuing
208	214		direct ad valorem tax, without limit as to rate or amount, while all
209	215		or part of the bonds are outstanding as required and in the manner
210	216		provided by Sections 54.601 and 54.602, Water Code.
211	217		Sec. 8072.0503. BONDS FOR ROAD PROJECTS. At the time of
212	218		issuance, the total principal amount of bonds or other obligations
213	219		issued or incurred to finance road projects and payable from ad
214	220		valorem taxes may not exceed one-fourth of the assessed value of the
215	221		real property in the district.
216	222		SECTION 2. The Fort Bend County Municipal Utility District
217	223		No. 238 initially includes all the territory contained in the
218	224		following area:
219	225		Tract 1:
220	226		A Field Note Description of 465 Acres of Land, more or less,
221	227		being in the B.B.B. & C. Railroad Company Survey, Abstract No. 134;
222	228		Yandell Ferris Survey, Abstract No. 372; Griffin Wilgus Survey,
223	229		Abstract No. 381 and Griffin Wilgus Survey, Abstract No. 382; Fort
224	230		Bend County, Texas.
225	231		Beginning at the Southeast corner of said Yandell Ferris
226	232		Survey, Abstract No. 372; said corner being in the North line of the
227	233		Yandell Ferris Survey Abstract No. 374 and being the Southwest
228	234		corner of the B.B.B. & C. Railroad Company Survey, Abstract No. 134
229	235		and being at the intersection of Robinowitz No. 1 Road and Randon
230	236		Dyer Road; said corner marking the Southerly Southeast corner of
231	237		and place of beginning of this tract;
232	238		THENCE, South 84deg. West, 3799 feet, more or less, along the
233	239		South line of said Yandell Ferris Survey, Abstract No. 372 and
234	240		North line of said Yandell Ferris Survey, Abstract No. 374 to a
235	241		point in the City of Rosenberg Extra-Territorial Jurisdiction Line
236	242		and marking the Southerly Southwest corner of this tract;
237	243		THENCE, North 00deg.30' East, 1424 feet, more or less, along
238	244		said City of Rosenberg Extra-Territorial Jurisdiction Line to a
239	245		point for corner on the City of Rosenberg Extra-Territorial
240	246		Jurisdiction 5280 foot Radius Line for corner;
241	247		THENCE, North 57deg.West (Chord Bearing), 1156 feet, more or
242	248		less, along said City of Rosenberg Extra-Territorial Jurisdiction
243	249		5280 foot Radius curve to the right to a point in the Westerly line
244	250		of said Yandell Ferris Survey, Abstract No. 372 and East line of the
245	251		Yandell Ferris Survey, Abstract No. 373 for the Northerly
246	252		Southwest corner of this tract;
247	253		THENCE, North 00deg.30' West, 1160 feet, more or less, along
248	254		said West line of the said Yandell Ferris Survey, Abstract No. 372
249	255		and East line of said Yandell Ferris Survey, Abstract No. 373 and
250	256		also in the East Line of the B.B.B. & C. Railroad Company Survey
251	257		No. 21, Abstract No. 136 to the Southwest corner of the said
252	258		Griffin Wilgus Survey, Abstract No. 381 and marking the Westerly
253	259		Northwest corner for this tract;
254	260		THENCE, South 89deg. East, 2047 feet, more or less, along a
255	261		North line of said Yandell Ferris Survey, Abstract No. 372 and
256	262		South line of said Griffin Wilgus Survey, Abstract No. 381 to a
257	263		point marking the Southwest corner of the Ivy Moore Morrison Heirs,
258	264		Ltd. call 17.878 Acre Tract and a re-entrant corner of this tract;
259	265		THENCE, North, 2325.5 feet, more or less, along the West line
260	266		of said Ivy Moore Morrison Heirs, Ltd. 17.878 Acre Tract to a point
261	267		in the City of Rosenberg Annex #58-116.91 Acres dated 07/08/1997
262	268		marking the Northerly Northwest corner for this tract;
263	269		THENCE, South 71deg. East, 1536.9 feet, more or less, along
264	270		the City of Rosenberg City Limits Line to an angle point;
265	271		THENCE, Continuing South 74deg. East. 1251 feet, more or
266	272		less, along said City of Rosenberg City Limits Line to a point in
267	273		the East line of said Griffin Wilgus Survey, Abstract No. 382 and
268	274		the center of said Randon Dyer Road marking the Northerly Northeast
269	275		corner for this tract;
270	276		THENCE, South, 740 feet, more or less, along said Griffin
271	277		Wilgus Survey, Abstract No. 382 and the center of said Randon Dyer
272	278		Road to a point for corner;
273	279		THENCE, East, 1407 feet, more or less, along the North line of
274	280		said B.B.B. & C. Railroad Company Survey, Abstract 134 and along the
275	281		North line of the Wade McNeill Exempt Unitrust 97 Acre Tract, more
276	282		or less, (FBC 1999005774) to a point in said City of Rosenberg City
277	283		Limits Line (Annex #54-186.69 Acres 03/12/1997) marking the
278	284		Easterly Northeast corner of this tract;
279	285		THENCE, South, 1889 feet, more or less, along said City of
280	286		Rosenberg City Limits Line to the Southeast corner of this tract
281	287		being in the South line of said Wade McNeill Unitrust Tract and the
282	288		North line of the Robert Cortez, Jr. Tracts to a point marking the
283	289		Easterly Southeast corner of this tract;
284	290		THENCE, West, 1364 feet, more or less, along said South line
285	291		of said Wade McNeill Unitrust Tract and the North line of said
286	292		Robert Cortez, Jr. Tracts to a point in said Randon Dyer Road
287	293		marking a re-entrant corner for this tract;
288	294		THENCE, South, 1632 feet, more or less, along the center of
289	295		said Randon Dyer Road and along the East line of said Yandell Ferris
290	296		Survey, Abstract 372 and West line of said B.B.B. & C. Railroad
291	297		Company Survey, Abstract No. 134 to the place of beginning and
292	298		containing 465 Acres of Land, more or less.
293	299		Tract 2:
294	300		A Field Note Description of 240 Acres of Land, more or less,
295	301		in the Yandell Ferris Survey, Abstract No. 374, Fort Bend County,
296	302		Texas.
297	303		Beginning at a point in the North line of the G.H. & S.A.
298	304		Railroad at its intersection with the West line of said Yandell
299	305		Ferris Survey, Abstract No. 374 and East line of the B.B.B. & C.
300	306		Railroad Company Survey No. 23, Abstract No. 137 and marking the
301	307		Southwest corner of and place of beginning of this tract;
302	308		THENCE, North 06deg.30' West, 3960 feet, more or less, along
303	309		the East line of said B.B.B. & C. Railroad Company Survey No. 23,
304	310		Abstract No. 137 in the West line of said Yandell Ferris Survey,
305	311		Abstract No. 374 to the Southwest corner of the George F. Bergen
306	312		Tract and Northwest corner for this tract;
307	313		THENCE, North 83deg.30' East, 2640 feet, more or less, along
308	314		the South line of the George F. Bergen and Michael Wayne Bergen
309	315		total 80 Acre Tract (see Volume 117, Page 511; Deed Records) to a
310	316		point marking the Northeast corner for this tract;
311	317		THENCE, South 06deg.30' East, 3960 feet, more or less, to a
312	318		point marking the Southeast corner for this tract;
313	319		THENCE, South 83deg.30' West, 2640 feet, more or less, along
314	320		the North right-of-way line of said G.H. & S.A. Railroad to the
315	321		place of beginning and containing 240 Acres of Land, more or less.
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		8072, Special District Local Laws Code, as added by Section 1 of
337	343		this Act, is amended by adding Section 8072.0307 to read as follows:
338	344		Sec. 8072.0307. 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 immediately if it receives
344	350		a vote of two-thirds of all the members elected to each house, as
345	351		provided by Section 39, Article III, Texas Constitution. If this
346	352		Act does not receive the vote necessary for immediate effect, this
347	353		Act takes effect September 1, 2019.
348		-	______________________________ ______________________________
349		-	President of the Senate Speaker of the House
350		-	I certify that H.B. No. 3020 was passed by the House on April
351		-	12, 2019, by the following vote: Yeas 138, Nays 5, 2 present, not
352		-	voting.
353		-	______________________________
354		-	Chief Clerk of the House
355		-	I certify that H.B. No. 3020 was passed by the Senate on May
356		-	10, 2019, by the following vote: Yeas 30, Nays 1.
357		-	______________________________
358		-	Secretary of the Senate
359		-	APPROVED: _____________________
360		-	Date
361		-	_____________________
362		-	Governor
	354	+	* * * * *