H.B. No. 4639
AN ACT
relating to the creation of the Fort Bend County Municipal Utility
District No. 237; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8063 to read as follows:
CHAPTER 8063. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 237
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8063.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Fort Bend County Municipal
Utility District No. 237.
Sec. 8063.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8063.0103. CONFIRMATION AND DIRECTOR ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8063.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8063.0103 or 8063.0401, issue bonds, or incur any debt until each
municipality in whose corporate limits or extraterritorial
jurisdiction the district is located has consented by ordinance or
resolution to the creation of the district and to the inclusion of
land in the district.
Sec. 8063.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8063.0106. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8063.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8063.0202, directors
serve staggered four-year terms.
Sec. 8063.0202. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the commission requesting that
the commission appoint as temporary directors the five persons
named in the petition. The commission shall appoint as temporary
directors the five persons named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8063.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8063.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8063.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8063.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8063.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8063.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8063.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8063.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
Sec. 8063.0306. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has no outstanding bonded debt; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) Any new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act enacting this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8063.0103 to confirm the creation of the district.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between or among the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) Any new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8063.0103.
(i) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(k) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
8063.0104 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8063.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8063.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8063.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8063.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8063.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8063.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8063.0502. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8063.0503. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Fort Bend County Municipal Utility District
No. 237 initially includes all the territory contained in the
following area:
Being an approximate 2,555.5 acres located in the Abraham D.
Kelker Survey, Abstract 273, the M. M. Ryon Survey, Abstract 368,
the William Byrne Survey, Abstract 112, and the Henry Wilcox
Survey, Abstract 342, and located in extraterritorial jurisdiction
of the Town of Thompsons, Fort Bend County, Texas, more
particularly described by metes and bounds as follows, (all
bearings referenced to the Texas Coordinate System, South Central
Zone, NAD83):
TRACT 1
BEGINNING at the north or northwest corner of the M. M. Ryon
Survey, Abstract 380, said corner being an interior corner on the
south line of the M. M. Ryon Survey, Abstract 368;
Thence, South 42° 11' 26" West, along the northwesterly line
of the M. M. Ryon Survey, Abstract 380, 1,372.63 feet more or less
to a point for a westerly southwest corner of said M. M. Ryon
Survey, Abstract 368, same being the northeast corner of the
Michael Young League, Abstract 99, Fort Bend County, Texas;
Thence, North 47° 55' 18" West, departing the northwesterly
line of said M. M. Ryon Survey, Abstract 380 and along the
northeasterly line of said Michael Young League and along the
southwesterly line of said M. M. Ryon Survey, Abstract 368, at
594.00 feet more or less pass the common south corner of said M. M.
Ryon Survey, Abstract 368 and said William Byrne Survey, continuing
along the northeasterly line of said Michael Young League and along
the southwesterly line of said William Byrne Survey, at 5,130.00
feet more or less pass the common south corner of said William Byrne
Survey and the aforementioned Henry Wilcox Survey, continuing along
the northeasterly line of said Michael Young League and along the
southwesterly line of said Henry Wilcox Survey, in all a total of
14,246.76 feet more or less to a point for the common west corner of
said Henry Wilcox Survey and said Michael Young League, said point
being on the southeasterly line of the E. P. Everett Survey,
Abstract 387, Fort Bend County, Texas;
Thence, North 42° 00' 43" East, along the northwesterly line
of said Henry Wilcox Survey and the southeasterly line of said E. P.
Everett Survey, 1,416.67 feet more or less to a point for the common
north corner of said Henry Wilcox Survey and said S. B. Pentecost
Survey, said point being on the southwesterly line of the Wiley
Martin League, Abstract 56, Fort Bend County, Texas;
Thence, South 67° 54' 35" East, along the southwesterly line
of the Wiley Martin League and the northeasterly line of said Henry
Wilcox Survey, 9,702.78 feet more or less to a point for the
northeast corner of said Henry Wilcox Survey, said point being the
northwest corner of the Peter Teal Survey, Abstract 337, Fort Bend
County, Texas;
Thence, South 42° 04' 42" West, along the southeasterly line
of said Henry Wilcox Survey and the northwesterly line of the Peter
Teal Survey, 1,661.11 feet more or less to a point for the common
west corner of said Peter Teal Survey and the aforementioned
William Byrne Survey;
Thence, South 47° 55' 18" East, along the northeasterly line
of said William Byrne Survey and the southwesterly line of said
Peter Teal Survey, 4,536.11 feet more or less to a point for the
common east corner said Peter Teal Survey and said William Byrne
Survey, said point being on the northwesterly line of the
aforementioned M. M. Ryon Survey, Abstract 368;
Thence, North 42° 04' 42" East, along the northeasterly line
of said M. M. Ryon Survey, Abstract 368 and the southwesterly line
of said Peter Teal Survey, 3,389.92 feet more or less to a point for
corner in the centerline of a farm road;
Thence, South 25° 06' 53" West, along the centerline of a farm
road, 843.77 feet more or less to a point for corner;
Thence, South 67° 30' 40" East, 2,249.84 feet more or less to a
point for corner on the west right-of-way line of State Farm to
Market Road No. 762 (called 80 feet wide);
Thence, South 22° 25' 03" West, along west right-of-way line
of said State Farm to Market Road No. 762, 5,356.02 feet more or
less to a point for corner on the northeasterly line of the
aforementioned M. M. Ryon Survey, Abstract 380 and the
southwesterly line of said M. M. Ryon Survey, Abstract 368;
Thence, North 47° 48' 34" West, along the northeasterly line
of said M. M. Ryon Survey, Abstract 380 and the southwesterly line
of said M. M. Ryon Survey, Abstract 368, 3,571.19 feet more or less
to the POINT OF BEGINNING and containing 1,339.9 acres of land more
or less.
TRACT 2
BEGINNING at a point for the northwest corner of that certain
called 95.392 acre tract (referred to as Parcel PS09-C03) conveyed
to Texas Genco Holdings, Inc by an instrument of record in File
Number 2002094433, F.B.C.O.P.R., said Texas Genco Holdings, Inc
formerly known as NRG Texas, LP by certificate of Merger dated March
15, 2006 and filed for record under File Number 2006042648,
F.B.C.O.P.R., and now known as NRG Texas Power LLC by certificate of
Merger dated June 28, 2007 and filed for record under File Number
2007089660, F.B.C.O.P.R., said point being on the southerly
right-of-way line of Smithers Lake Road (Width varies);
Thence, South 36° 10' 27" West, along the west line of said
95.392 acre tract, 73.99 feet more or less to a point for corner;
Thence, South 53° 49' 32" East, along a southwesterly line of
said 95.392 acre tract, 2,501.52 feet more or less to a point for
corner;
Thence, South 53° 49' 45" East, continuing along a
southwesterly line of said 95.392 acre tract, 10.54 feet more or
less to a point for corner on the easterly line of the
aforementioned Abraham D. Kelker Survey, same being the westerly
line of the H. A. Alsbury Survey, Abstract 102, Fort Bend County,
Texas;
Thence, South 22° 26' 59" West, along the easterly line of
said Abraham D. Kelker Survey and the westerly line of said H. A.
Alsbury Survey, 5,076.45 feet more or less to a point for the south
corner of said Abraham D. Kelker Survey and said H. A. Alsbury
Survey, said point being on the northerly line of the A. P. George
Survey, Abstract 754, Fort Bend County, Texas;
Thence, North 67° 33' 01" West, along the southerly line of
said Abraham D. Kelker Survey and the northerly line of said A. P.
George Survey, 8,571.11 feet more or less to a point for corner on
the east right-of-way line of State Farm to Market Road No. 762
(called 80 feet wide);
Thence, North 22° 26' 59" East, along the east right-of-way
line of said State Farm Market Road No. 762, 7,245.94 feet more or
less to a point for corner at the intersection of the east
right-of-way line of said State Farm to Market Road No. 762 and the
aforementioned southerly right-of-way line of Smithers Lake Road;
Thence, South 53° 49' 32" East, along the southerly
right-of-way line of said Smithers Lake Road, 6,329.05 feet more or
less to the POINT OF BEGINNING and containing 1,215.6 acres of land.
Said Tract 1 and Tract 2 containing a total of 2,555.5 acres
of land more or less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8063, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8063.0307 to read as follows:
Sec. 8063.0307. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4639 was passed by the House on April
26, 2019, by the following vote: Yeas 123, Nays 16, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4639 was passed by the Senate on May
22, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor