Texas 2019 - 86th Regular

Texas House Bill HB4630 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R12182 SLB-F
2	2	By: Thompson of Brazoria H.B. No. 4630
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Brazoria-Fort Bend Counties
8	8	Municipal Utility District No. 3; granting a limited power of
9	9	eminent domain; providing authority to issue bonds; providing
10	10	authority to impose assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 8075 to read as follows:
14	14	CHAPTER 8075. BRAZORIA-FORT BEND COUNTIES MUNICIPAL UTILITY
15	15	DISTRICT NO. 3
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 8075.0101. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "Commission" means the Texas Commission on
20	20	Environmental Quality.
21	21	(3) "Director" means a board member.
22	22	(4) "District" means the Brazoria-Fort Bend Counties
23	23	Municipal Utility District No. 3.
24	24	Sec. 8075.0102. NATURE OF DISTRICT. The district is a
25	25	municipal utility district created under Section 59, Article XVI,
26	26	Texas Constitution.
27	27	Sec. 8075.0103. CONFIRMATION AND DIRECTOR ELECTION
28	28	REQUIRED. The temporary directors shall hold an election to
29	29	confirm the creation of the district and to elect five permanent
30	30	directors as provided by Section 49.102, Water Code.
31	31	Sec. 8075.0104. CONSENT OF MUNICIPALITY REQUIRED. The
32	32	temporary directors may not hold an election under Section
33	33	8075.0103 until each municipality in whose corporate limits or
34	34	extraterritorial jurisdiction the district is located has
35	35	consented by ordinance or resolution to the creation of the
36	36	district and to the inclusion of land in the district.
37	37	Sec. 8075.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
38	38	(a) The district is created to serve a public purpose and benefit.
39	39	(b) The district is created to accomplish the purposes of:
40	40	(1) a municipal utility district as provided by
41	41	general law and Section 59, Article XVI, Texas Constitution; and
42	42	(2) Section 52, Article III, Texas Constitution, that
43	43	relate to the construction, acquisition, improvement, operation,
44	44	or maintenance of macadamized, graveled, or paved roads, or
45	45	improvements, including storm drainage, in aid of those roads.
46	46	Sec. 8075.0106. INITIAL DISTRICT TERRITORY. (a) The
47	47	district is initially composed of the territory described by
48	48	Section 2 of the Act enacting this chapter.
49	49	(b) The boundaries and field notes contained in Section 2 of
50	50	the Act enacting this chapter form a closure. A mistake made in the
51	51	field notes or in copying the field notes in the legislative process
52	52	does not affect the district's:
53	53	(1) organization, existence, or validity;
54	54	(2) right to issue any type of bond for the purposes
55	55	for which the district is created or to pay the principal of and
56	56	interest on a bond;
57	57	(3) right to impose a tax; or
58	58	(4) legality or operation.
59	59	SUBCHAPTER B. BOARD OF DIRECTORS
60	60	Sec. 8075.0201. GOVERNING BODY; TERMS. (a) The district is
61	61	governed by a board of five elected directors.
62	62	(b) Except as provided by Section 8075.0202, directors
63	63	serve staggered four-year terms.
64	64	Sec. 8075.0202. TEMPORARY DIRECTORS. (a) On or after
65	65	September 1, 2019, the owner or owners of a majority of the assessed
66	66	value of the real property in the district may submit a petition to
67	67	the commission requesting that the commission appoint as temporary
68	68	directors the five persons named in the petition. The commission
69	69	shall appoint as temporary directors the five persons named in the
70	70	petition.
71	71	(b) Temporary directors serve until the earlier of:
72	72	(1) the date permanent directors are elected under
73	73	Section 8075.0103; or
74	74	(2) September 1, 2023.
75	75	(c) If permanent directors have not been elected under
76	76	Section 8075.0103 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 8075.0103; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 8075.0301. GENERAL POWERS AND DUTIES. The district
93	93	has the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 8075.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 8075.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
101	101	52, Article III, Texas Constitution, the district may design,
102	102	acquire, construct, finance, issue bonds for, improve, operate,
103	103	maintain, and convey to this state, a county, or a municipality for
104	104	operation and maintenance macadamized, graveled, or paved roads, or
105	105	improvements, including storm drainage, in aid of those roads.
106	106	Sec. 8075.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	107	road project must meet all applicable construction standards,
108	108	zoning and subdivision requirements, and regulations of each
109	109	municipality in whose corporate limits or extraterritorial
110	110	jurisdiction the road project is located.
111	111	(b) If a road project is not located in the corporate limits
112	112	or extraterritorial jurisdiction of a municipality, the road
113	113	project must meet all applicable construction standards,
114	114	subdivision requirements, and regulations of each county in which
115	115	the road project is located.
116	116	(c) If the state will maintain and operate the road, the
117	117	Texas Transportation Commission must approve the plans and
118	118	specifications of the road project.
119	119	Sec. 8075.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120	120	ORDINANCE OR RESOLUTION. The district shall comply with all
121	121	applicable requirements of any ordinance or resolution that is
122	122	adopted under Section 54.016 or 54.0165, Water Code, and that
123	123	consents to the creation of the district or to the inclusion of land
124	124	in the district.
125	125	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	126	Sec. 8075.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
127	127	The district may issue, without an election, bonds and other
128	128	obligations secured by:
129	129	(1) revenue other than ad valorem taxes; or
130	130	(2) contract payments described by Section 8075.0403.
131	131	(b) The district must hold an election in the manner
132	132	provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	133	before the district may impose an ad valorem tax or issue bonds
134	134	payable from ad valorem taxes.
135	135	(c) The district may not issue bonds payable from ad valorem
136	136	taxes to finance a road project unless the issuance is approved by a
137	137	vote of a two-thirds majority of the district voters voting at an
138	138	election held for that purpose.
139	139	Sec. 8075.0402. OPERATION AND MAINTENANCE TAX. (a) If
140	140	authorized at an election held under Section 8075.0401, the
141	141	district may impose an operation and maintenance tax on taxable
142	142	property in the district in accordance with Section 49.107, Water
143	143	Code.
144	144	(b) The board shall determine the tax rate. The rate may not
145	145	exceed the rate approved at the election.
146	146	Sec. 8075.0403. CONTRACT TAXES. (a) In accordance with
147	147	Section 49.108, Water Code, the district may impose a tax other than
148	148	an operation and maintenance tax and use the revenue derived from
149	149	the tax to make payments under a contract after the provisions of
150	150	the contract have been approved by a majority of the district voters
151	151	voting at an election held for that purpose.
152	152	(b) A contract approved by the district voters may contain a
153	153	provision stating that the contract may be modified or amended by
154	154	the board without further voter approval.
155	155	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
156	156	Sec. 8075.0501. AUTHORITY TO ISSUE BONDS AND OTHER
157	157	OBLIGATIONS. The district may issue bonds or other obligations
158	158	payable wholly or partly from ad valorem taxes, impact fees,
159	159	revenue, contract payments, grants, or other district money, or any
160	160	combination of those sources, to pay for any authorized district
161	161	purpose.
162	162	Sec. 8075.0502. TAXES FOR BONDS. At the time the district
163	163	issues bonds payable wholly or partly from ad valorem taxes, the
164	164	board shall provide for the annual imposition of a continuing
165	165	direct ad valorem tax, without limit as to rate or amount, while all
166	166	or part of the bonds are outstanding as required and in the manner
167	167	provided by Sections 54.601 and 54.602, Water Code.
168	168	Sec. 8075.0503. BONDS FOR ROAD PROJECTS. At the time of
169	169	issuance, the total principal amount of bonds or other obligations
170	170	issued or incurred to finance road projects and payable from ad
171	171	valorem taxes may not exceed one-fourth of the assessed value of the
172	172	real property in the district.
173	173	SECTION 2. The Brazoria-Fort Bend Counties Municipal
174	174	Utility District No. 3 initially includes all the territory
175	175	contained in the following area:
176	176	Being a tract containing 362.666 acres of land,
177	177	located in the William Hall Survey, Abstract 31, in
178	178	Fort Bend County, Texas and Abstract 713 in Brazoria
179	179	County, Texas; Said 362.666 acre tract being a call
180	180	363.942 acre tract recorded in the name of
181	181	J.H.Caldwell, et al in Volume 796, Page 565 of the
182	182	Official Records of Fort Bend County (O.R.F.B.C.) and
183	183	being Lots 1, 2, 3, 4, 7, 11, 12 and a portion of Lot 6,
184	184	T.W. & J.H.B. House Subdivision, a subdivision
185	185	recorded in Volume 7, Page 301 of the Fort Bend County
186	186	Deed Records (F.B.C.D.R.); Said 362.666 acre tract
187	187	being more particularly described by metes and bounds
188	188	as follows (bearings being based on the Texas
189	189	Coordinate System, South Central Zone, NAD 83, as
190	190	derived from GPS Observations):
191	191	Beginning at a 2-inch iron pipe found at the
192	192	northeasterly corner of a call 1.284 acre tract
193	193	recorded in the name of Fort Bend County Municipal
194	194	Utility District Number 141 in File Number 2018043550
195	195	of the O.R.F.B.C., the southeasterly corner of a call
196	196	48.6 acre tract recorded in the name of Emma Ruth Bly
197	197	in File Number 2004149678 of the O.R.F.B.C., the
198	198	southerly southwest corner of a call 484.4229 acre
199	199	tract recorded in the name of Hannover Estates, LTD. in
200	200	File Number 2002140473 of the O.R.F.B.C. and being the
201	201	southeasterly corner of the David Fitzgerald League,
202	202	Abstract 25, the southwesterly corner of the I.&G.N.
203	203	R.R. Co. Survey, Abstract 352 and being on the
204	204	northerly line of the William Hall Survey, Abstract
205	205	31, from which a 3/4-inch iron rod found at the
206	206	northeasterly corner of Reserve "A", Fort Bend ISD
207	207	Ferndell Henry Center for Learning, a subdivision
208	208	recorded in Plat Number 20110173 of the Fort Bend
209	209	County Plat Records (F.B.C.P.R.), bears South 86
210	210	degrees 55 minutes 29 seconds West, a distance of
211	211	175.06 feet;
212	212	Thence, with the northerly line of said William Hall
213	213	Survey and with the southerly line of aforesaid
214	214	484.4229 acre tract and a call 17.478 acre tract
215	215	recorded in the name of JNC Development, Inc. in File
216	216	Number 2017115756 of the O.R.F.B.C., North 86 degrees
217	217	55 minutes 29 seconds East, at a distance of
218	218	1755.20 pass a found 5/8-inch iron rod with "Miller"
219	219	cap, at a distance of 2340.21 feet pass a found
220	220	5/8-inch iron rod with "Miller" cap, at a distance of
221	221	3151.64 feet pass a found 5/8-inch iron rod with
222	222	"Miller" cap, at a distance of 3753.58 feet pass a
223	223	found 5/8-inch iron rod with "Miller" cap, at a
224	224	distance of 4801.72 feet pass the Fort Bend/Brazoria
225	225	County line, in all, a distance of 5137.14 feet to a
226	226	5/8-inch iron rod set at the northeast corner of
227	227	aforesaid William Hall Survey, the southeasterly
228	228	corner of aforesaid 484.4229 acre tract and being the
229	229	northeasterly corner of aforesaid Lot 1;
230	230	Thence, with the easterly line of said William Hall
231	231	Survey, South 03 degrees 04 minutes 56 seconds East, a
232	232	distance of 1591.83 feet to a 2-inch PVC stand pipe
233	233	found at the southeasterly corner of aforesaid Lot 1
234	234	and the northeasterly corner of Lot 9, aforesaid T.W. &
235	235	J.H.B. House Subdivision;
236	236	Thence, with the southerly line of aforesaid Lots 1 and
237	237	2, South 86 degrees 55 minutes 29 seconds West, at a
238	238	distance of 775.90 feet pass the aforesaid Fort
239	239	Bend/Brazoria County line, in all, a distance of
240	240	2735.60 feet to a 2-inch PVC stand pipe found at the
241	241	common corner of aforesaid Lots 2, 3, 7 and Lot 8,
242	242	aforesaid T.W. & J.H.B. House Subdivision;
243	243	Thence, with the easterly line of said Lot 7, South 03
244	244	degrees 04 minutes 56 seconds East, a distance of
245	245	1591.23 feet to a 2-inch PVC stand pipe found at the
246	246	common corner of aforesaid Lots 7, 8, 11 and 12;
247	247	Thence, with the common line between Lots 8 and 11,
248	248	North 86 degrees 55 minutes 29 seconds East, a distance
249	249	of 1367.28 feet to a 2-inch PVC stand pipe found at the
250	250	common corner of aforesaid Lots 8, 9, 11 and Lot 10,
251	251	aforesaid T.W. & J.H.B. House Subdivision;
252	252	Thence, with the common line between aforesaid Lots 10
253	253	and 11, South 03 degrees 04 minutes 56 seconds East, a
254	254	distance of 1592.64 feet to a 3/4-inch iron pipe found
255	255	at the common corner of aforesaid Lots 10 and 11 and
256	256	Lots 20 and 21, aforesaid T.W. & J.H.B. House
257	257	Subdivision;
258	258	Thence, with the southerly line of aforesaid Lot 11,
259	259	South 86 degrees 55 minutes 29 seconds West, a distance
260	260	of 1367.22 feet to a 5/8-inch iron rod set at the
261	261	common corner of aforesaid Lots 11, 12, 20 and Lot 19,
262	262	aforesaid T.W. & J.H.B. House Subdivision and being
263	263	the easterly northeast corner of a call 91.100 acre
264	264	tract recorded in the name of Forestar (USA) Real
265	265	Estate Group, Inc. in File Number 2017121652 of the
266	266	O.R.F.B.C.;
267	267	Thence, with the northerly and easterly lines of said
268	268	91.100 acre tract, the following four (4) courses:
269	269	1) South 86 degrees 42 minutes 23 seconds West, at a
270	270	distance of 29.30 feet pass a found 1/2-inch iron rod,
271	271	in all, a distance of 1368.62 feet to a found 5/8-inch
272	272	iron rod;
273	273	2) North 03 degrees 03 minutes 31 seconds West, a
274	274	distance of 1594.92 feet to a found 5/8-inch iron rod;
275	275	3) South 86 degrees 57 minutes 25 seconds West, a
276	276	distance of 675.85 feet to a 5/8-inch iron rod set;
277	277	4) South 86 degrees 48 minutes 40 seconds West, a
278	278	distance of 3.88 feet to a 5/8-inch iron rod found at
279	279	the southeasterly corner of a call 162.2524 acre tract
280	280	recorded in the name of Hannover Estates, LTD. in File
281	281	Number 2004018462 of the O.R.F.B.C.;
282	282	Thence, with the easterly lines of said 162.2524 acre
283	283	tract, the following three (3) courses:
284	284	1) North 03 degrees 04 minutes 56 seconds West, a
285	285	distance of 1593.59 feet to a 5/8-inch iron rod set;
286	286	2) South 86 degrees 57 minutes 10 seconds West, a
287	287	distance of 353.80 feet to a 5/8-inch iron with cap
288	288	found;
289	289	3) North 03 degrees 05 minutes 12 seconds West, at a
290	290	distance of 1272.29 feet pass the southeasterly corner
291	291	of aforesaid 1.284 acre tract, in all, a distance of
292	292	1591.86 feet to the POINT OF BEGINNING and containing
293	293	362.666 acres of land.
294	294	SECTION 3. (a) The legal notice of the intention to
295	295	introduce this Act, setting forth the general substance of this
296	296	Act, has been published as provided by law, and the notice and a
297	297	copy of this Act have been furnished to all persons, agencies,
298	298	officials, or entities to which they are required to be furnished
299	299	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
300	300	Government Code.
301	301	(b) The governor, one of the required recipients, has
302	302	submitted the notice and Act to the Texas Commission on
303	303	Environmental Quality.
304	304	(c) The Texas Commission on Environmental Quality has filed
305	305	its recommendations relating to this Act with the governor, the
306	306	lieutenant governor, and the speaker of the house of
307	307	representatives within the required time.
308	308	(d) All requirements of the constitution and laws of this
309	309	state and the rules and procedures of the legislature with respect
310	310	to the notice, introduction, and passage of this Act are fulfilled
311	311	and accomplished.
312	312	SECTION 4. (a) If this Act does not receive a two-thirds
313	313	vote of all the members elected to each house, Subchapter C, Chapter
314	314	8075, Special District Local Laws Code, as added by Section 1 of
315	315	this Act, is amended by adding Section 8075.0306 to read as follows:
316	316	Sec. 8075.0306. NO EMINENT DOMAIN POWER. The district may
317	317	not exercise the power of eminent domain.
318	318	(b) This section is not intended to be an expression of a
319	319	legislative interpretation of the requirements of Section 17(c),
320	320	Article I, Texas Constitution.
321	321	SECTION 5. This Act takes effect September 1, 2019.