Texas 2019 - 86th Regular

Texas House Bill HB3422 Compare Versions

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Version 2 (New)

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1		-	H.B. No. 3422
	1	+	By: Stephenson (Senate Sponsor - Kolkhorst) H.B. No. 3422
	2	+	(In the Senate - Received from the House April 23, 2019;
	3	+	April 24, 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. 231; 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 8070 to read as follows:
12	18		CHAPTER 8070. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 231
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 8070.0101. 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. 231.
21	27		Sec. 8070.0102. 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. 8070.0103. 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. 8070.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section
30	36		8070.0103 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. 8070.0105. 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. 8070.0106. 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. 8070.0201. 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 8070.0202, directors
60	66		serve staggered four-year terms.
61	67		Sec. 8070.0202. 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 8070.0103; 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 8070.0103 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 8070.0103; 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. 8070.0301. 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. 8070.0302. 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. 8070.0303. 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. 8070.0304. 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. 8070.0305. 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. 8070.0401. 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 8070.0403.
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. 8070.0402. OPERATION AND MAINTENANCE TAX. (a) If
138	144		authorized at an election held under Section 8070.0401, 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. 8070.0403. 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. 8070.0501. 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. 8070.0502. 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. 8070.0503. 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. 231 initially includes all the territory contained in the
173	179		following area:
174	180		Being a 309.21 acre tract of land located in the H. & T. C. R.R. Co.
175	181		Survey, Section 85, Abstract No. 247 and H. & T. C. R.R. Co. Survey,
176	182		Section 90, Abstract No. 507 in Fort Bend County, Texas; said
177	183		309.21 acre tract being all of the remainder of a called 100-acre
178	184		tract of land conveyed to Henry Fuchs in Clerk's File Number
179	185		2015129371 of the Official Public Records of Fort Bend County
180	186		(O.P.R.F.B.C.), all of the remainder of a called 209-acre tract of
181	187		land conveyed to Carl F. Fischer and wife, Diane Fischer, and Donald
182	188		H. Fischer and wife, Sherry Fischer in Volume 875, Page 55 of the
183	189		Fort Bend County Deed Records (F.B.C.D.R.), and a portion of
184	190		Wernecke Road (60-feet wide); said 309.21 acre tract being more
185	191		particularly described by metes and bounds as follows (all bearings
186	192		are referenced to the Texas Coordinate System, North American Datum
187	193		1983 (NAD 83), South Central Zone);
188	194		Beginning at an iron stake found at the most southerly corner of
189	195		said 209-acre tract and the most westerly corner of a called 50.0-
190	196		acre tract of land recorded in the name of M.T. Cyplik in Clerk's
191	197		File No. 9769464 of the O.P.R.F.B.C. and being on the northeasterly
192	198		right-of-way line of Meyer Road (40.00 feet wide);
193	199		1. Thence, with the southwesterly line of said 209-acre
194	200		tract and said northeasterly right-of-way line of Meyer Road, North
195	201		48 degrees 09 minutes 38 seconds West, a distance of 1,741.90 feet
196	202		to a 5/8-inch iron rod with cap stamped "COSTELLO INC" found at the
197	203		most westerly corner of this 309.21-acre tract, being on the
198	204		southeasterly right-of-way line of Wernecke Road (60.00 feet wide);
199	205		2. Thence, with the northwesterly line of said 209-acre
200	206		tract and said southeasterly right-of-way line of Wernecke Road,
201	207		North 41 degrees 51 minutes 19 seconds East, a distance of 2643.75
202	208		feet;
203	209		3. Thence, North 47 degrees 53 minutes 47 seconds West, at
204	210		30.00-feet pass the south corner of aforesaid 100-acre tract and
205	211		the east corner of a called 61.09-acre tract recorded in Clerk's
206	212		File Number 2006081947 of the O.P.R.F.B.C. and being the centerline
207	213		of said Wernecke Road, in all a total distance of 1,700.74 feet to
208	214		an axel found for the west corner of said called 100-acre tract and
209	215		the south corner of a called 108.1-acre tract of land recorded in
210	216		Clerk's File Number 2014019607 of the O.P.R.F.B.C.;
211	217		4. Thence, with the common line of said called 100-acre
212	218		tract and said called 108.1-acre tract, North 41 degrees 49 minutes
213	219		16 seconds East, a distance of 2,571.79 feet to a 1-1/2-inch iron
214	220		pipe found on the southwesterly right-of-way line of FM 360
215	221		(Beasley-Needville Road, 80.00 feet wide per TxDOT right-of-way map
216	222		of FM 360, CSJ No. 527-6-6, dated August 19, 1968);
217	223		5. Thence, with said southwesterly right-of-way line of FM
218	224		360, South 47 degrees 57 minutes 06 seconds East, a distance of
219	225		3,447.86 feet to a 5/8-inch iron rod with cap stamped "COSTELLO INC"
220	226		found on the southeasterly line of said 209-acre tract, being the
221	227		most northerly corner of a called 49.9822 acre tract of land
222	228		recorded in the name of Jose A. Tejada in C.F. No. 2005115202 of the
223	229		O.P.R.F.B.C., from which a found eye-bolt bears South 41 degrees 53
224	230		minutes 44 seconds West, a distance of 0.71 feet;
225	231		6. Thence, with said southwesterly line of the 209-acre
226	232		tract, the northeasterly line of said 49.9822-acre tract, and the
227	233		northeasterly line of aforesaid 50.0-acre tract, South 41 degrees
228	234		53 minutes 44 seconds West, a distance of 5,210.82 feet to the Point
229	235		of Beginning and containing 309.21 acres of land.
230	236		SECTION 3. (a) The legal notice of the intention to
231	237		introduce this Act, setting forth the general substance of this
232	238		Act, has been published as provided by law, and the notice and a
233	239		copy of this Act have been furnished to all persons, agencies,
234	240		officials, or entities to which they are required to be furnished
235	241		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
236	242		Government Code.
237	243		(b) The governor, one of the required recipients, has
238	244		submitted the notice and Act to the Texas Commission on
239	245		Environmental Quality.
240	246		(c) The Texas Commission on Environmental Quality has filed
241	247		its recommendations relating to this Act with the governor, the
242	248		lieutenant governor, and the speaker of the house of
243	249		representatives within the required time.
244	250		(d) All requirements of the constitution and laws of this
245	251		state and the rules and procedures of the legislature with respect
246	252		to the notice, introduction, and passage of this Act are fulfilled
247	253		and accomplished.
248	254		SECTION 4. (a) If this Act does not receive a two-thirds
249	255		vote of all the members elected to each house, Subchapter C, Chapter
250	256		8070, Special District Local Laws Code, as added by Section 1 of
251	257		this Act, is amended by adding Section 8070.0306 to read as follows:
252	258		Sec. 8070.0306. NO EMINENT DOMAIN POWER. The district may
253	259		not exercise the power of eminent domain.
254	260		(b) This section is not intended to be an expression of a
255	261		legislative interpretation of the requirements of Section 17(c),
256	262		Article I, Texas Constitution.
257	263		SECTION 5. This Act takes effect immediately if it receives
258	264		a vote of two-thirds of all the members elected to each house, as
259	265		provided by Section 39, Article III, Texas Constitution. If this
260	266		Act does not receive the vote necessary for immediate effect, this
261	267		Act takes effect September 1, 2019.
262		-	______________________________ ______________________________
263		-	President of the Senate Speaker of the House
264		-	I certify that H.B. No. 3422 was passed by the House on
265		-	April 18, 2019, by the following vote: Yeas 146, Nays 1,
266		-	2
267		-	present, not voting.
268		-	______________________________
269		-	Chief Clerk of the House
270		-	I certify that H.B. No. 3422 was passed by the Senate on
271		-	May 10, 2019, by the following vote: Yeas 30, Nays 1.
272		-	______________________________
273		-	Secretary of the Senate
274		-	APPROVED: _____________________
275		-	Date
276		-	_____________________
277		-	Governor
	268	+	* * * * *