Texas 2019 - 86th Regular

Texas House Bill HB4675 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4675
	1	+	By: Zerwas (Senate Sponsor - Kolkhorst) H.B. No. 4675
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 6, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 15, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 15, 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. 222; 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 8076 to read as follows:
12	18		CHAPTER 8076. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 222
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 8076.0101. 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. 222.
21	27		Sec. 8076.0102. 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. 8076.0103. 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. 8076.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section
30	36		8076.0103 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. 8076.0105. 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. 8076.0106. 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. 8076.0201. 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 8076.0202, directors
60	66		serve staggered four-year terms.
61	67		Sec. 8076.0202. 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 8076.0103; 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 8076.0103 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 8076.0103; 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. 8076.0301. 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. 8076.0302. 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. 8076.0303. 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. 8076.0304. 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. 8076.0305. 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		Sec. 8076.0306. DIVISION OF DISTRICT. (a) The district may
124	130		be divided into two or more new districts only if the district:
125	131		(1) has never issued any bonds; and
126	132		(2) is not imposing ad valorem taxes.
127	133		(b) This chapter applies to any new district created by
128	134		division of the district, and a new district has all the powers and
129	135		duties of the district.
130	136		(c) A new district created by division of the district may
131	137		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		8076.0103 to confirm the district's creation.
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) A new district created by division of the district shall
154	160		hold a confirmation and directors' election as required by Section
155	161		8076.0103.
156	162		(i) If the creation of the new district is confirmed, the
157	163		new district shall provide the election date and results to the
158	164		commission.
159	165		(j) A new district created by division of the district must
160	166		hold an election as required by this chapter to obtain voter
161	167		approval before the district may impose a maintenance tax or issue
162	168		bonds payable wholly or partly from ad valorem taxes.
163	169		(k) Municipal consent to the creation of the district and to
164	170		the inclusion of land in the district granted under Section
165	171		8076.0104 acts as municipal consent to the creation of any new
166	172		district created by division of the district and to the inclusion of
167	173		land in the new district.
168	174		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
169	175		Sec. 8076.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
170	176		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 8076.0403.
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. 8076.0402. OPERATION AND MAINTENANCE TAX. (a) If
183	189		authorized at an election held under Section 8076.0401, 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. 8076.0403. 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. 8076.0501. 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. 8076.0502. 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. 8076.0503. 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. 222 initially includes all the territory contained in the
218	224		following area:
219	225		BEING a 1,309.2 acre tract of land situated in the Micajah
220	226		Autrey Survey, Abstract No. 100, the H. & T.C. R.R. Co. Survey,
221	227		Section 75, Abstract No. 732, and the John J. Bond Survey, Abstract
222	228		No. 113 of Fort Bend County, Texas and being a portion of a called
223	229		1,316.47 acre tract of land as described in an instrument to F, H, &
224	230		L 2012 Trust U/T/A, et. al. recorded under Fort Bend County Clerk's
225	231		File Number (F.B.C.C.F. No.) 2012149037, said 1,309.2 acre tract of
226	232		land described by metes and bounds as follows:
227	233		BEGINNING at a 1/2-inch iron pipe with cap stamped "KALKOMEY
228	234		SURVEYING" found for the Southwest corner of the herein described
229	235		tract, lying in the South line of said John J. Bond Survey, same
230	236		being the common North line of the Rufus Wright Survey, Abstract
231	237		No. 344 and a called 461.36 acre tract of land described as Tract 2
232	238		in an instrument to FF Texas Holdings LP recorded under F.B.C.C.F.
233	239		No. 2013104491, lying on the East right-of-way line of Jordan Road
234	240		(80 feet wide) as recorded under Volume 398, Page 94 through 100 of
235	241		the Deed Records of Fort Bend County (D.R.F.B.C.), and bears N 87°
236	242		31'41" E, 39.79 feet from the common Southwest corner of said
237	243		1,316.47 acre tract and said John J. Bond Survey lying on the
238	244		centerline of said Jordan Road and the East line of the Nathan
239	245		Brookshire League, Abstract No. 14;
240	246		THENCE, along and with the East right-of-way line of said
241	247		Jordan Road, the following courses and distance:
242	248		N 02° 21' 18" W, a distance of 1,588.78 feet to a 1/2-inch
243	249		pipe with cap stamped "BGE INC" for an angle point in the West line
244	250		of the herein described tract;
245	251		N 02° 16' 07" W, continuing along the East right-of-way line
246	252		of said Jordan Road for a total distance of 5,174.62 feet to a
247	253		1/2-inch pipe with cap stamped "BGE INC" for an angle point in the
248	254		West line of the herein described tract;
249	255		N 02° 30' 17" W, continuing along and with the East
250	256		right-of-way line of said Jordan Road for a total distance of
251	257		1,757.92 feet to a 1/2-inch pipe with cap stamped "BGE INC" for the
252	258		Northwest corner of the herein described tract from which the
253	259		centerline of Jordan Road and the Northwest corner of said 1,316.47
254	260		acre tract bears S 87° 38' 20" W, 40.00 feet;
255	261		THENCE, N 87° 38' 20" E, continuing along and with the North
256	262		line of said 1,316.47 acre tract for a total distance of 5,994.26
257	263		feet to a 2-inch pipe found for the common Northeast corner of said
258	264		1,316.47 acre tract and the herein described tract,
259	265		THENCE, S 01° 59' 02" E, along and with the common East line
260	266		of said 1,316.47 acre tract and said H. & T.C. R.R. Co. Survey,
261	267		Section 75, A-732 for a total distance of 5,617.04 feet to a
262	268		1/2-inch iron pipe with cap stamped "BGE INC" for the common
263	269		interior corner of said 1,316.47 acre tract, said Micajah Autrey
264	270		Survey, and the herein described tract;
265	271		THENCE, N 87° 50' 09" E, a distance of 2,143.64 feet along and
266	272		with the common line of said 1,316.47 acre tract and said Micajah
267	273		Autrey Survey, to a 1-1/2-inch iron pipe found for a common corner
268	274		of said 1,316.47 acre tract and the herein described tract;
269	275		THENCE, S 02° 28' 42" E, along and with the East line of said
270	276		1,316.47 acre tract for a total distance of 2,879.51 feet to a
271	277		1-inch iron pipe found for the common Southeast corner of said
272	278		1,316.47 acre tract, said John J. Bond Survey, and the herein
273	279		described tract;
274	280		THENCE, S 87° 29' 13" W, a distance of 2,539.09 feet along and
275	281		with the common South line of said 1,316.47 acre tract and said John
276	282		J. Bond Survey to a found 5/8-inch iron rod;
277	283		THENCE, S 87° 31' 41" W, a distance of 5,571.85 feet along and
278	284		with the common South line of said 1,316.47 acre tract and said John
279	285		J. Bond Survey to the POINT OF BEGINNING and containing 1,309.2
280	286		acres of land.
281	287		Bearing orientation is based on the Texas Coordinate System
282	288		of 1983 (NAD83), South Central Zone 4204 and is referenced to
283	289		monuments found along the perimeter of a called 1,316.47 acre tract
284	290		of land as cited herein and as shown on a survey plat of even date
285	291		prepared by the undersigned in conjunction with this metes and
286	292		bounds description.
287	293		SECTION 3. (a) The legal notice of the intention to
288	294		introduce this Act, setting forth the general substance of this
289	295		Act, has been published as provided by law, and the notice and a
290	296		copy of this Act have been furnished to all persons, agencies,
291	297		officials, or entities to which they are required to be furnished
292	298		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
293	299		Government Code.
294	300		(b) The governor, one of the required recipients, has
295	301		submitted the notice and Act to the Texas Commission on
296	302		Environmental Quality.
297	303		(c) The Texas Commission on Environmental Quality has filed
298	304		its recommendations relating to this Act with the governor, the
299	305		lieutenant governor, and the speaker of the house of
300	306		representatives within the required time.
301	307		(d) All requirements of the constitution and laws of this
302	308		state and the rules and procedures of the legislature with respect
303	309		to the notice, introduction, and passage of this Act are fulfilled
304	310		and accomplished.
305	311		SECTION 4. (a) If this Act does not receive a two-thirds
306	312		vote of all the members elected to each house, Subchapter C, Chapter
307	313		8076, Special District Local Laws Code, as added by Section 1 of
308	314		this Act, is amended by adding Section 8076.0307 to read as follows:
309	315		Sec. 8076.0307. NO EMINENT DOMAIN POWER. The district may
310	316		not exercise the power of eminent domain.
311	317		(b) This section is not intended to be an expression of a
312	318		legislative interpretation of the requirements of Section 17(c),
313	319		Article I, Texas Constitution.
314	320		SECTION 5. This Act takes effect immediately if it receives
315	321		a vote of two-thirds of all the members elected to each house, as
316	322		provided by Section 39, Article III, Texas Constitution. If this
317	323		Act does not receive the vote necessary for immediate effect, this
318	324		Act takes effect September 1, 2019.
319		-	______________________________ ______________________________
320		-	President of the Senate Speaker of the House
321		-	I certify that H.B. No. 4675 was passed by the House on May 3,
322		-	2019, by the following vote: Yeas 125, Nays 15, 2 present, not
323		-	voting.
324		-	______________________________
325		-	Chief Clerk of the House
326		-	I certify that H.B. No. 4675 was passed by the Senate on May
327		-	21, 2019, by the following vote: Yeas 30, Nays 1.
328		-	______________________________
329		-	Secretary of the Senate
330		-	APPROVED: _____________________
331		-	Date
332		-	_____________________
333		-	Governor
	325	+	* * * * *