Texas 2019 - 86th Regular

Texas House Bill HB4639 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4639
	1	+	By: Stephenson, et al. (Senate Sponsor - Huffman) H.B. No. 4639
	2	+	(In the Senate - Received from the House April 29, 2019;
	3	+	April 30, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 16, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 16, 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. 237; 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 8063 to read as follows:
12	18		CHAPTER 8063. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 237
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 8063.0101. 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. 237.
21	27		Sec. 8063.0102. 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. 8063.0103. 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. 8063.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section
30	36		8063.0103 or 8063.0401, issue bonds, or incur any debt until each
31	37		municipality in whose corporate limits or extraterritorial
32	38		jurisdiction the district is located has consented by ordinance or
33	39		resolution to the creation of the district and to the inclusion of
34	40		land in the district.
35	41		Sec. 8063.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	42		(a) The district is created to serve a public purpose and benefit.
37	43		(b) The district is created to accomplish the purposes of:
38	44		(1) a municipal utility district as provided by
39	45		general law and Section 59, Article XVI, Texas Constitution; and
40	46		(2) Section 52, Article III, Texas Constitution, that
41	47		relate to the construction, acquisition, improvement, operation,
42	48		or maintenance of macadamized, graveled, or paved roads, or
43	49		improvements, including storm drainage, in aid of those roads.
44	50		Sec. 8063.0106. INITIAL DISTRICT TERRITORY. (a) The
45	51		district is initially composed of the territory described by
46	52		Section 2 of the Act enacting this chapter.
47	53		(b) The boundaries and field notes contained in Section 2 of
48	54		the Act enacting this chapter form a closure. A mistake made in the
49	55		field notes or in copying the field notes in the legislative process
50	56		does not affect the district's:
51	57		(1) organization, existence, or validity;
52	58		(2) right to issue any type of bond for the purposes
53	59		for which the district is created or to pay the principal of and
54	60		interest on a bond;
55	61		(3) right to impose a tax; or
56	62		(4) legality or operation.
57	63		SUBCHAPTER B. BOARD OF DIRECTORS
58	64		Sec. 8063.0201. GOVERNING BODY; TERMS. (a) The district is
59	65		governed by a board of five elected directors.
60	66		(b) Except as provided by Section 8063.0202, directors
61	67		serve staggered four-year terms.
62	68		Sec. 8063.0202. TEMPORARY DIRECTORS. (a) On or after the
63	69		effective date of the Act enacting this chapter, the owner or owners
64	70		of a majority of the assessed value of the real property in the
65	71		district may submit a petition to the commission requesting that
66	72		the commission appoint as temporary directors the five persons
67	73		named in the petition. The commission shall appoint as temporary
68	74		directors the five persons named in the petition.
69	75		(b) Temporary directors serve until the earlier of:
70	76		(1) the date permanent directors are elected under
71	77		Section 8063.0103; or
72	78		(2) the fourth anniversary of the effective date of
73	79		the Act enacting this chapter.
74	80		(c) If permanent directors have not been elected under
75	81		Section 8063.0103 and the terms of the temporary directors have
76	82		expired, successor temporary directors shall be appointed or
77	83		reappointed as provided by Subsection (d) to serve terms that
78	84		expire on the earlier of:
79	85		(1) the date permanent directors are elected under
80	86		Section 8063.0103; or
81	87		(2) the fourth anniversary of the date of the
82	88		appointment or reappointment.
83	89		(d) If Subsection (c) applies, the owner or owners of a
84	90		majority of the assessed value of the real property in the district
85	91		may submit a petition to the commission requesting that the
86	92		commission appoint as successor temporary directors the five
87	93		persons named in the petition. The commission shall appoint as
88	94		successor temporary directors the five persons named in the
89	95		petition.
90	96		SUBCHAPTER C. POWERS AND DUTIES
91	97		Sec. 8063.0301. GENERAL POWERS AND DUTIES. The district
92	98		has the powers and duties necessary to accomplish the purposes for
93	99		which the district is created.
94	100		Sec. 8063.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
95	101		DUTIES. The district has the powers and duties provided by the
96	102		general law of this state, including Chapters 49 and 54, Water Code,
97	103		applicable to municipal utility districts created under Section 59,
98	104		Article XVI, Texas Constitution.
99	105		Sec. 8063.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
100	106		52, Article III, Texas Constitution, the district may design,
101	107		acquire, construct, finance, issue bonds for, improve, operate,
102	108		maintain, and convey to this state, a county, or a municipality for
103	109		operation and maintenance macadamized, graveled, or paved roads, or
104	110		improvements, including storm drainage, in aid of those roads.
105	111		Sec. 8063.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	112		road project must meet all applicable construction standards,
107	113		zoning and subdivision requirements, and regulations of each
108	114		municipality in whose corporate limits or extraterritorial
109	115		jurisdiction the road project is located.
110	116		(b) If a road project is not located in the corporate limits
111	117		or extraterritorial jurisdiction of a municipality, the road
112	118		project must meet all applicable construction standards,
113	119		subdivision requirements, and regulations of each county in which
114	120		the road project is located.
115	121		(c) If the state will maintain and operate the road, the
116	122		Texas Transportation Commission must approve the plans and
117	123		specifications of the road project.
118	124		Sec. 8063.0305. COMPLIANCE WITH MUNICIPAL CONSENT
119	125		ORDINANCE OR RESOLUTION. The district shall comply with all
120	126		applicable requirements of any ordinance or resolution that is
121	127		adopted under Section 54.016 or 54.0165, Water Code, and that
122	128		consents to the creation of the district or to the inclusion of land
123	129		in the district.
124	130		Sec. 8063.0306. DIVISION OF DISTRICT. (a) The district may
125	131		be divided into two or more new districts only if the district:
126	132		(1) has no outstanding bonded debt; and
127	133		(2) is not imposing ad valorem taxes.
128	134		(b) This chapter applies to any new district created by the
129	135		division of the district, and a new district has all the powers and
130	136		duties of the district.
131	137		(c) Any new district created by the division of the district
132	138		may not, at the time the new district is created, contain any land
133	139		outside the area described by Section 2 of the Act enacting this
134	140		chapter.
135	141		(d) The board, on its own motion or on receipt of a petition
136	142		signed by the owner or owners of a majority of the assessed value of
137	143		the real property in the district, may adopt an order dividing the
138	144		district.
139	145		(e) The board may adopt an order dividing the district
140	146		before or after the date the board holds an election under Section
141	147		8063.0103 to confirm the creation of the district.
142	148		(f) An order dividing the district shall:
143	149		(1) name each new district;
144	150		(2) include the metes and bounds description of the
145	151		territory of each new district;
146	152		(3) appoint temporary directors for each new district;
147	153		and
148	154		(4) provide for the division of assets and liabilities
149	155		between or among the new districts.
150	156		(g) On or before the 30th day after the date of adoption of
151	157		an order dividing the district, the district shall file the order
152	158		with the commission and record the order in the real property
153	159		records of each county in which the district is located.
154	160		(h) Any new district created by the division of the district
155	161		shall hold a confirmation and directors' election as required by
156	162		Section 8063.0103.
157	163		(i) If the creation of the new district is confirmed, the
158	164		new district shall provide the election date and results to the
159	165		commission.
160	166		(j) Any new district created by the division of the district
161	167		must hold an election as required by this chapter to obtain voter
162	168		approval before the district may impose a maintenance tax or issue
163	169		bonds payable wholly or partly from ad valorem taxes.
164	170		(k) Municipal consent to the creation of the district and to
165	171		the inclusion of land in the district granted under Section
166	172		8063.0104 acts as municipal consent to the creation of any new
167	173		district created by the division of the district and to the
168	174		inclusion of land in the new district.
169	175		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
170	176		Sec. 8063.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
171	177		The district may issue, without an election, bonds and other
172	178		obligations secured by:
173	179		(1) revenue other than ad valorem taxes; or
174	180		(2) contract payments described by Section 8063.0403.
175	181		(b) The district must hold an election in the manner
176	182		provided by Chapters 49 and 54, Water Code, to obtain voter approval
177	183		before the district may impose an ad valorem tax or issue bonds
178	184		payable from ad valorem taxes.
179	185		(c) The district may not issue bonds payable from ad valorem
180	186		taxes to finance a road project unless the issuance is approved by a
181	187		vote of a two-thirds majority of the district voters voting at an
182	188		election held for that purpose.
183	189		Sec. 8063.0402. OPERATION AND MAINTENANCE TAX. (a) If
184	190		authorized at an election held under Section 8063.0401, the
185	191		district may impose an operation and maintenance tax on taxable
186	192		property in the district in accordance with Section 49.107, Water
187	193		Code.
188	194		(b) The board shall determine the tax rate. The rate may not
189	195		exceed the rate approved at the election.
190	196		Sec. 8063.0403. CONTRACT TAXES. (a) In accordance with
191	197		Section 49.108, Water Code, the district may impose a tax other than
192	198		an operation and maintenance tax and use the revenue derived from
193	199		the tax to make payments under a contract after the provisions of
194	200		the contract have been approved by a majority of the district voters
195	201		voting at an election held for that purpose.
196	202		(b) A contract approved by the district voters may contain a
197	203		provision stating that the contract may be modified or amended by
198	204		the board without further voter approval.
199	205		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
200	206		Sec. 8063.0501. AUTHORITY TO ISSUE BONDS AND OTHER
201	207		OBLIGATIONS. The district may issue bonds or other obligations
202	208		payable wholly or partly from ad valorem taxes, impact fees,
203	209		revenue, contract payments, grants, or other district money, or any
204	210		combination of those sources, to pay for any authorized district
205	211		purpose.
206	212		Sec. 8063.0502. TAXES FOR BONDS. At the time the district
207	213		issues bonds payable wholly or partly from ad valorem taxes, the
208	214		board shall provide for the annual imposition of a continuing
209	215		direct ad valorem tax, without limit as to rate or amount, while all
210	216		or part of the bonds are outstanding as required and in the manner
211	217		provided by Sections 54.601 and 54.602, Water Code.
212	218		Sec. 8063.0503. BONDS FOR ROAD PROJECTS. At the time of
213	219		issuance, the total principal amount of bonds or other obligations
214	220		issued or incurred to finance road projects and payable from ad
215	221		valorem taxes may not exceed one-fourth of the assessed value of the
216	222		real property in the district.
217	223		SECTION 2. The Fort Bend County Municipal Utility District
218	224		No. 237 initially includes all the territory contained in the
219	225		following area:
220	226		Being an approximate 2,555.5 acres located in the Abraham D.
221	227		Kelker Survey, Abstract 273, the M. M. Ryon Survey, Abstract 368,
222	228		the William Byrne Survey, Abstract 112, and the Henry Wilcox
223	229		Survey, Abstract 342, and located in extraterritorial jurisdiction
224	230		of the Town of Thompsons, Fort Bend County, Texas, more
225	231		particularly described by metes and bounds as follows, (all
226	232		bearings referenced to the Texas Coordinate System, South Central
227	233		Zone, NAD83):
228	234		TRACT 1
229	235		BEGINNING at the north or northwest corner of the M. M. Ryon
230	236		Survey, Abstract 380, said corner being an interior corner on the
231	237		south line of the M. M. Ryon Survey, Abstract 368;
232	238		Thence, South 42° 11' 26" West, along the northwesterly line
233	239		of the M. M. Ryon Survey, Abstract 380, 1,372.63 feet more or less
234	240		to a point for a westerly southwest corner of said M. M. Ryon
235	241		Survey, Abstract 368, same being the northeast corner of the
236	242		Michael Young League, Abstract 99, Fort Bend County, Texas;
237	243		Thence, North 47° 55' 18" West, departing the northwesterly
238	244		line of said M. M. Ryon Survey, Abstract 380 and along the
239	245		northeasterly line of said Michael Young League and along the
240	246		southwesterly line of said M. M. Ryon Survey, Abstract 368, at
241	247		594.00 feet more or less pass the common south corner of said M. M.
242	248		Ryon Survey, Abstract 368 and said William Byrne Survey, continuing
243	249		along the northeasterly line of said Michael Young League and along
244	250		the southwesterly line of said William Byrne Survey, at 5,130.00
245	251		feet more or less pass the common south corner of said William Byrne
246	252		Survey and the aforementioned Henry Wilcox Survey, continuing along
247	253		the northeasterly line of said Michael Young League and along the
248	254		southwesterly line of said Henry Wilcox Survey, in all a total of
249	255		14,246.76 feet more or less to a point for the common west corner of
250	256		said Henry Wilcox Survey and said Michael Young League, said point
251	257		being on the southeasterly line of the E. P. Everett Survey,
252	258		Abstract 387, Fort Bend County, Texas;
253	259		Thence, North 42° 00' 43" East, along the northwesterly line
254	260		of said Henry Wilcox Survey and the southeasterly line of said E. P.
255	261		Everett Survey, 1,416.67 feet more or less to a point for the common
256	262		north corner of said Henry Wilcox Survey and said S. B. Pentecost
257	263		Survey, said point being on the southwesterly line of the Wiley
258	264		Martin League, Abstract 56, Fort Bend County, Texas;
259	265		Thence, South 67° 54' 35" East, along the southwesterly line
260	266		of the Wiley Martin League and the northeasterly line of said Henry
261	267		Wilcox Survey, 9,702.78 feet more or less to a point for the
262	268		northeast corner of said Henry Wilcox Survey, said point being the
263	269		northwest corner of the Peter Teal Survey, Abstract 337, Fort Bend
264	270		County, Texas;
265	271		Thence, South 42° 04' 42" West, along the southeasterly line
266	272		of said Henry Wilcox Survey and the northwesterly line of the Peter
267	273		Teal Survey, 1,661.11 feet more or less to a point for the common
268	274		west corner of said Peter Teal Survey and the aforementioned
269	275		William Byrne Survey;
270	276		Thence, South 47° 55' 18" East, along the northeasterly line
271	277		of said William Byrne Survey and the southwesterly line of said
272	278		Peter Teal Survey, 4,536.11 feet more or less to a point for the
273	279		common east corner said Peter Teal Survey and said William Byrne
274	280		Survey, said point being on the northwesterly line of the
275	281		aforementioned M. M. Ryon Survey, Abstract 368;
276	282		Thence, North 42° 04' 42" East, along the northeasterly line
277	283		of said M. M. Ryon Survey, Abstract 368 and the southwesterly line
278	284		of said Peter Teal Survey, 3,389.92 feet more or less to a point for
279	285		corner in the centerline of a farm road;
280	286		Thence, South 25° 06' 53" West, along the centerline of a farm
281	287		road, 843.77 feet more or less to a point for corner;
282	288		Thence, South 67° 30' 40" East, 2,249.84 feet more or less to a
283	289		point for corner on the west right-of-way line of State Farm to
284	290		Market Road No. 762 (called 80 feet wide);
285	291		Thence, South 22° 25' 03" West, along west right-of-way line
286	292		of said State Farm to Market Road No. 762, 5,356.02 feet more or
287	293		less to a point for corner on the northeasterly line of the
288	294		aforementioned M. M. Ryon Survey, Abstract 380 and the
289	295		southwesterly line of said M. M. Ryon Survey, Abstract 368;
290	296		Thence, North 47° 48' 34" West, along the northeasterly line
291	297		of said M. M. Ryon Survey, Abstract 380 and the southwesterly line
292	298		of said M. M. Ryon Survey, Abstract 368, 3,571.19 feet more or less
293	299		to the POINT OF BEGINNING and containing 1,339.9 acres of land more
294	300		or less.
295	301		TRACT 2
296	302		BEGINNING at a point for the northwest corner of that certain
297	303		called 95.392 acre tract (referred to as Parcel PS09-C03) conveyed
298	304		to Texas Genco Holdings, Inc by an instrument of record in File
299	305		Number 2002094433, F.B.C.O.P.R., said Texas Genco Holdings, Inc
300	306		formerly known as NRG Texas, LP by certificate of Merger dated March
301	307		15, 2006 and filed for record under File Number 2006042648,
302	308		F.B.C.O.P.R., and now known as NRG Texas Power LLC by certificate of
303	309		Merger dated June 28, 2007 and filed for record under File Number
304	310		2007089660, F.B.C.O.P.R., said point being on the southerly
305	311		right-of-way line of Smithers Lake Road (Width varies);
306	312		Thence, South 36° 10' 27" West, along the west line of said
307	313		95.392 acre tract, 73.99 feet more or less to a point for corner;
308	314		Thence, South 53° 49' 32" East, along a southwesterly line of
309	315		said 95.392 acre tract, 2,501.52 feet more or less to a point for
310	316		corner;
311	317		Thence, South 53° 49' 45" East, continuing along a
312	318		southwesterly line of said 95.392 acre tract, 10.54 feet more or
313	319		less to a point for corner on the easterly line of the
314	320		aforementioned Abraham D. Kelker Survey, same being the westerly
315	321		line of the H. A. Alsbury Survey, Abstract 102, Fort Bend County,
316	322		Texas;
317	323		Thence, South 22° 26' 59" West, along the easterly line of
318	324		said Abraham D. Kelker Survey and the westerly line of said H. A.
319	325		Alsbury Survey, 5,076.45 feet more or less to a point for the south
320	326		corner of said Abraham D. Kelker Survey and said H. A. Alsbury
321	327		Survey, said point being on the northerly line of the A. P. George
322	328		Survey, Abstract 754, Fort Bend County, Texas;
323	329		Thence, North 67° 33' 01" West, along the southerly line of
324	330		said Abraham D. Kelker Survey and the northerly line of said A. P.
325	331		George Survey, 8,571.11 feet more or less to a point for corner on
326	332		the east right-of-way line of State Farm to Market Road No. 762
327	333		(called 80 feet wide);
328	334		Thence, North 22° 26' 59" East, along the east right-of-way
329	335		line of said State Farm Market Road No. 762, 7,245.94 feet more or
330	336		less to a point for corner at the intersection of the east
331	337		right-of-way line of said State Farm to Market Road No. 762 and the
332	338		aforementioned southerly right-of-way line of Smithers Lake Road;
333	339		Thence, South 53° 49' 32" East, along the southerly
334	340		right-of-way line of said Smithers Lake Road, 6,329.05 feet more or
335	341		less to the POINT OF BEGINNING and containing 1,215.6 acres of land.
336	342		Said Tract 1 and Tract 2 containing a total of 2,555.5 acres
337	343		of land more or less.
338	344		SECTION 3. (a) The legal notice of the intention to
339	345		introduce this Act, setting forth the general substance of this
340	346		Act, has been published as provided by law, and the notice and a
341	347		copy of this Act have been furnished to all persons, agencies,
342	348		officials, or entities to which they are required to be furnished
343	349		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
344	350		Government Code.
345	351		(b) The governor, one of the required recipients, has
346	352		submitted the notice and Act to the Texas Commission on
347	353		Environmental Quality.
348	354		(c) The Texas Commission on Environmental Quality has filed
349	355		its recommendations relating to this Act with the governor, the
350	356		lieutenant governor, and the speaker of the house of
351	357		representatives within the required time.
352	358		(d) All requirements of the constitution and laws of this
353	359		state and the rules and procedures of the legislature with respect
354	360		to the notice, introduction, and passage of this Act are fulfilled
355	361		and accomplished.
356	362		SECTION 4. (a) If this Act does not receive a two-thirds
357	363		vote of all the members elected to each house, Subchapter C, Chapter
358	364		8063, Special District Local Laws Code, as added by Section 1 of
359	365		this Act, is amended by adding Section 8063.0307 to read as follows:
360	366		Sec. 8063.0307. NO EMINENT DOMAIN POWER. The district may
361	367		not exercise the power of eminent domain.
362	368		(b) This section is not intended to be an expression of a
363	369		legislative interpretation of the requirements of Section 17(c),
364	370		Article I, Texas Constitution.
365	371		SECTION 5. This Act takes effect immediately if it receives
366	372		a vote of two-thirds of all the members elected to each house, as
367	373		provided by Section 39, Article III, Texas Constitution. If this
368	374		Act does not receive the vote necessary for immediate effect, this
369	375		Act takes effect September 1, 2019.
370		-	______________________________ ______________________________
371		-	President of the Senate Speaker of the House
372		-	I certify that H.B. No. 4639 was passed by the House on April
373		-	26, 2019, by the following vote: Yeas 123, Nays 16, 2 present, not
374		-	voting.
375		-	______________________________
376		-	Chief Clerk of the House
377		-	I certify that H.B. No. 4639 was passed by the Senate on May
378		-	22, 2019, by the following vote: Yeas 31, Nays 0.
379		-	______________________________
380		-	Secretary of the Senate
381		-	APPROVED: _____________________
382		-	Date
383		-	_____________________
384		-	Governor
	376	+	* * * * *