Texas 2019 - 86th Regular

Texas House Bill HB4696 Compare Versions

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1-H.B. No. 4696
1+By: Zerwas (Senate Sponsor - Kolkhorst) H.B. No. 4696
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
6+ printer.)
7+Click here to see the committee vote
28
39
10+ A BILL TO BE ENTITLED
411 AN ACT
512 relating to the creation of the Fort Bend County Municipal Utility
613 District No. 240; granting a limited power of eminent domain;
714 providing authority to issue bonds; providing authority to impose
815 assessments, fees, and taxes.
916 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1017 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1118 Code, is amended by adding Chapter 8347 to read as follows:
1219 CHAPTER 8347. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 240
1320 SUBCHAPTER A. GENERAL PROVISIONS
1421 Sec. 8347.0101. DEFINITIONS. In this chapter:
1522 (1) "Board" means the district's board of directors.
1623 (2) "Commission" means the Texas Commission on
1724 Environmental Quality.
1825 (3) "Director" means a board member.
1926 (4) "District" means the Fort Bend County Municipal
2027 Utility District No. 240.
2128 Sec. 8347.0102. NATURE OF DISTRICT. The district is a
2229 municipal utility district created under Section 59, Article XVI,
2330 Texas Constitution.
2431 Sec. 8347.0103. CONFIRMATION AND DIRECTOR ELECTION
2532 REQUIRED. The temporary directors shall hold an election to
2633 confirm the creation of the district and to elect five permanent
2734 directors as provided by Section 49.102, Water Code.
2835 Sec. 8347.0104. CONSENT OF MUNICIPALITY REQUIRED. The
2936 temporary directors may not hold an election under Section
3037 8347.0103 until each municipality in whose corporate limits or
3138 extraterritorial jurisdiction the district is located has
3239 consented by ordinance or resolution to the creation of the
3340 district and to the inclusion of land in the district.
3441 Sec. 8347.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3542 (a) The district is created to serve a public purpose and benefit.
3643 (b) The district is created to accomplish the purposes of:
3744 (1) a municipal utility district as provided by
3845 general law and Section 59, Article XVI, Texas Constitution; and
3946 (2) Section 52, Article III, Texas Constitution, that
4047 relate to the construction, acquisition, improvement, operation,
4148 or maintenance of macadamized, graveled, or paved roads, or
4249 improvements, including storm drainage, in aid of those roads.
4350 Sec. 8347.0106. INITIAL DISTRICT TERRITORY. (a) The
4451 district is initially composed of the territory described by
4552 Section 2 of the Act enacting this chapter.
4653 (b) The boundaries and field notes contained in Section 2 of
4754 the Act enacting this chapter form a closure. A mistake made in the
4855 field notes or in copying the field notes in the legislative process
4956 does not affect the district's:
5057 (1) organization, existence, or validity;
5158 (2) right to issue any type of bond for the purposes
5259 for which the district is created or to pay the principal of and
5360 interest on a bond;
5461 (3) right to impose a tax; or
5562 (4) legality or operation.
5663 SUBCHAPTER B. BOARD OF DIRECTORS
5764 Sec. 8347.0201. GOVERNING BODY; TERMS. (a) The district is
5865 governed by a board of five elected directors.
5966 (b) Except as provided by Section 8347.0202, directors
6067 serve staggered four-year terms.
6168 Sec. 8347.0202. TEMPORARY DIRECTORS. (a) On or after the
6269 effective date of the Act enacting this chapter, the owner or owners
6370 of a majority of the assessed value of the real property in the
6471 district may submit a petition to the commission requesting that
6572 the commission appoint as temporary directors the five persons
6673 named in the petition. The commission shall appoint as temporary
6774 directors the five persons named in the petition.
6875 (b) Temporary directors serve until the earlier of:
6976 (1) the date permanent directors are elected under
7077 Section 8347.0103; or
7178 (2) the fourth anniversary of the effective date of
7279 the Act enacting this chapter.
7380 (c) If permanent directors have not been elected under
7481 Section 8347.0103 and the terms of the temporary directors have
7582 expired, successor temporary directors shall be appointed or
7683 reappointed as provided by Subsection (d) to serve terms that
7784 expire on the earlier of:
7885 (1) the date permanent directors are elected under
7986 Section 8347.0103; or
8087 (2) the fourth anniversary of the date of the
8188 appointment or reappointment.
8289 (d) If Subsection (c) applies, the owner or owners of a
8390 majority of the assessed value of the real property in the district
8491 may submit a petition to the commission requesting that the
8592 commission appoint as successor temporary directors the five
8693 persons named in the petition. The commission shall appoint as
8794 successor temporary directors the five persons named in the
8895 petition.
8996 SUBCHAPTER C. POWERS AND DUTIES
9097 Sec. 8347.0301. GENERAL POWERS AND DUTIES. The district
9198 has the powers and duties necessary to accomplish the purposes for
9299 which the district is created.
93100 Sec. 8347.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94101 DUTIES. The district has the powers and duties provided by the
95102 general law of this state, including Chapters 49 and 54, Water Code,
96103 applicable to municipal utility districts created under Section 59,
97104 Article XVI, Texas Constitution.
98105 Sec. 8347.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99106 52, Article III, Texas Constitution, the district may design,
100107 acquire, construct, finance, issue bonds for, improve, operate,
101108 maintain, and convey to this state, a county, or a municipality for
102109 operation and maintenance macadamized, graveled, or paved roads, or
103110 improvements, including storm drainage, in aid of those roads.
104111 Sec. 8347.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105112 road project must meet all applicable construction standards,
106113 zoning and subdivision requirements, and regulations of each
107114 municipality in whose corporate limits or extraterritorial
108115 jurisdiction the road project is located.
109116 (b) If a road project is not located in the corporate limits
110117 or extraterritorial jurisdiction of a municipality, the road
111118 project must meet all applicable construction standards,
112119 subdivision requirements, and regulations of each county in which
113120 the road project is located.
114121 (c) If the state will maintain and operate the road, the
115122 Texas Transportation Commission must approve the plans and
116123 specifications of the road project.
117124 Sec. 8347.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118125 ORDINANCE OR RESOLUTION. The district shall comply with all
119126 applicable requirements of any ordinance or resolution that is
120127 adopted under Section 54.016 or 54.0165, Water Code, and that
121128 consents to the creation of the district or to the inclusion of land
122129 in the district.
123130 Sec. 8347.0306. DIVISION OF DISTRICT. (a) The district may
124131 be divided into two or more new districts only if the district:
125132 (1) has never issued any bonds; and
126133 (2) is not imposing ad valorem taxes.
127134 (b) This chapter applies to any new district created by the
128135 division of the district, and a new district has all the powers and
129136 duties of the district.
130137 (c) A new district created by the division of the district
131138 may not, at the time the new district is created, contain any land
132139 outside the area described by Section 2 of the Act enacting this
133140 chapter.
134141 (d) The board, on its own motion or on receipt of a petition
135142 signed by the owner or owners of a majority of the assessed value of
136143 the real property in the district, may adopt an order dividing the
137144 district.
138145 (e) The board may adopt an order dividing the district
139146 before or after the date the board holds an election under Section
140147 8347.0103 to confirm the creation of the district.
141148 (f) An order dividing the district shall:
142149 (1) name each new district;
143150 (2) include the metes and bounds description of the
144151 territory of each new district;
145152 (3) appoint temporary directors for each new district;
146153 and
147154 (4) provide for the division of assets and liabilities
148155 between the new districts.
149156 (g) On or before the 30th day after the date of adoption of
150157 an order dividing the district, the district shall file the order
151158 with the commission and record the order in the real property
152159 records of each county in which the district is located.
153160 (h) A new district created by the division of the district
154161 shall hold a confirmation and directors' election as required by
155162 Section 8347.0103.
156163 (i) If the creation of the new district is confirmed, the
157164 new district shall provide the election date and results to the
158165 commission.
159166 (j) Any new district created by the division of the district
160167 must hold an election as required by this chapter to obtain voter
161168 approval before the district may impose a maintenance tax or issue
162169 bonds payable wholly or partly from ad valorem taxes.
163170 (k) Municipal consent to the creation of the district and to
164171 the inclusion of land in the district granted under Section
165172 8347.0104 acts as municipal consent to the creation of any new
166173 district created by the division of the district and to the
167174 inclusion of land in the new district.
168175 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
169176 Sec. 8347.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
170177 The district may issue, without an election, bonds and other
171178 obligations secured by:
172179 (1) revenue other than ad valorem taxes; or
173180 (2) contract payments described by Section 8347.0403.
174181 (b) The district must hold an election in the manner
175182 provided by Chapters 49 and 54, Water Code, to obtain voter approval
176183 before the district may impose an ad valorem tax or issue bonds
177184 payable from ad valorem taxes.
178185 (c) The district may not issue bonds payable from ad valorem
179186 taxes to finance a road project unless the issuance is approved by a
180187 vote of a two-thirds majority of the district voters voting at an
181188 election held for that purpose.
182189 Sec. 8347.0402. OPERATION AND MAINTENANCE TAX. (a) If
183190 authorized at an election held under Section 8347.0401, the
184191 district may impose an operation and maintenance tax on taxable
185192 property in the district in accordance with Section 49.107, Water
186193 Code.
187194 (b) The board shall determine the tax rate. The rate may not
188195 exceed the rate approved at the election.
189196 Sec. 8347.0403. CONTRACT TAXES. (a) In accordance with
190197 Section 49.108, Water Code, the district may impose a tax other than
191198 an operation and maintenance tax and use the revenue derived from
192199 the tax to make payments under a contract after the provisions of
193200 the contract have been approved by a majority of the district voters
194201 voting at an election held for that purpose.
195202 (b) A contract approved by the district voters may contain a
196203 provision stating that the contract may be modified or amended by
197204 the board without further voter approval.
198205 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
199206 Sec. 8347.0501. AUTHORITY TO ISSUE BONDS AND OTHER
200207 OBLIGATIONS. The district may issue bonds or other obligations
201208 payable wholly or partly from ad valorem taxes, impact fees,
202209 revenue, contract payments, grants, or other district money, or any
203210 combination of those sources, to pay for any authorized district
204211 purpose.
205212 Sec. 8347.0502. TAXES FOR BONDS. At the time the district
206213 issues bonds payable wholly or partly from ad valorem taxes, the
207214 board shall provide for the annual imposition of a continuing
208215 direct ad valorem tax, without limit as to rate or amount, while all
209216 or part of the bonds are outstanding as required and in the manner
210217 provided by Sections 54.601 and 54.602, Water Code.
211218 Sec. 8347.0503. BONDS FOR ROAD PROJECTS. At the time of
212219 issuance, the total principal amount of bonds or other obligations
213220 issued or incurred to finance road projects and payable from ad
214221 valorem taxes may not exceed one-fourth of the assessed value of the
215222 real property in the district.
216223 SECTION 2. The Fort Bend County Municipal Utility District
217224 No. 240 initially includes all the territory contained in the
218225 following area:
219226 TRACT 1 - 203.50 ACRES
220227 Being a 203.50 acre tract of land out of the Randolph Foster
221228 League, Abstract 28, and the Thomas Westfall League, Abstract 92
222229 and the Noel F. Roberts League, Abstract 79 Fort Bend County, Texas;
223230 said 203.50 acre tract of land being more particularly described by
224231 metes and bounds as follows:
225232 COMMENCING at the Northwest corner of Thomas Westfall League,
226233 Abstract 92; THENCE North 89° 53' 37" East with the common line of
227234 said Foster League and said Westfall League, 1645.89 feet to a point
228235 in the East right-of-way line of F.M. 1489 for the POINT OF
229236 BEGINNING of the herein tract of land;
230237 THENCE with said East right-of-way line, along the arc of a
231238 curve to the right, having a radius of 2166.91 feet, a central angle
232239 of 01° 46' 20", an arc length of 67.02 feet, and a chord bearing
233240 North 04° 34' 23" East, 67.02 feet to a point for corner;
234241 THENCE South 88° 56' 17" East, 4353.01 feet to a point for
235242 corner in the centerline of Big Bayou (Bessie's Creek);
236243 THENCE with the meanders of said centerline as follows:
237244 - South 46° 57' 47" East, 639.50 feet to a point for corner;
238245 - South 49° 22' 47" East, 386.90 feet to a point for corner;
239246 - South 68° 19' 37" East, 544.00 feet to a point for corner;
240247 - South 23° 42' 07" East, 440.41 feet to a point for corner;
241248 - South 22° 08' 03" West, 221.91 feet to a point for corner;
242249 - South 53° 41' 23" West, 287.12 feet to a point for corner;
243250 - North 86° 22' 00" West, 2.51 feet to a point for corner;
244251 THENCE South 00° 43' 33" West, 136.84 feet to a point for
245252 corner in the West right-of-way line of Vernon Frost Road;
246253 THENCE with said West right-of-way line as follows:
247254 - South 13° 55' 15" West, 116.39 feet to a point for corner;
248255 - South 00° 01' 45" East, 883.80 feet to a point for corner;
249256 - South 52° 29' 11" West, 41.12 feet to a point for corner in
250257 the North right-of-way line of said Vernon Frost Road;
251258 THENCE with said North right-of-way line as follows:
252259 - North 83° 31' 42" West, 2367.99 feet to a point for corner;
253260 - South 64° 33' 59" West, 248.96 feet to a point for corner;
254261 THENCE North 04° 02' 15" West, 982.17 feet to a point for
255262 corner;
256263 THENCE North 05° 25' 55" East, 275.65 feet to a point for
257264 corner in the aforementioned centerline of Big Bayou;
258265 THENCE with the meanders of said centerline as follows:
259266 - South 73° 53' 23" West, 212.50 feet to a point for corner;
260267 - South 56° 15' 13" West, 133.89 feet to a point for corner;
261268 THENCE North 01° 05' 23" East, 948.59 feet to a point for
262269 corner;
263270 THENCE North 88° 57' 42" West, 2,489.02 feet to a point for
264271 corner in the aforementioned east right-of-way line of F.M. 1489;
265272 THENCE with said East right-of-way as follows:
266273 - North 03° 01' 27" West, 312.88 feet to a point for corner
267274 and the beginning of a curve to the right;
268275 - Along the arc of said curve to the right, having a radius
269276 of 2166.91 feet, a central angle of 06° 42' 40", an arc length of
270277 253.82 feet, and a chord bearing North 00° 19' 53" East, 253.67 feet
271278 to the POINT OF BEGINNING; containing 203.50 acres of land, more or
272279 less.
273280 TRACT 2 - 47.74 ACRES
274281 Being a 47.74 acre tract of land out of the Thomas Westfall
275282 League, Abstract 92 Fort Bend County, Texas; said 47.74 acre tract
276283 of land being more particularly described by metes and bounds as
277284 follows:
278285 COMMENCING at a point in the East line of said Thomas Westfall
279286 League, Abstract 92 and being in the South right-of-way line of
280287 Vernon Frost Road; THENCE North 83° 31' 43" West with said South
281288 right-of-way line, 979.03 feet to a point in the West line of a
282289 Roadway for Ingress and Egress and Utilities and for the POINT OF
283290 BEGINNING of the herein tract of land;
284291 THENCE South 20° 02' 44" West with said West line, 1452.74
285292 feet to a point for corner;
286293 THENCE North 83° 42' 22" West, 930.30 feet to a point for
287294 corner;
288295 THENCE South 22° 36' 17" West, 8.24 feet to a point for corner;
289296 THENCE South 71° 32' 11" West, 1961.02 to a point for corner in
290297 the East right-of-way line of F.M. 1489;
291298 THENCE North 33° 39' 18" West with said East right-of-way
292299 line, 694.24 feet to a point for corner;
293300 THENCE North 64° 33' 59" East, 1369.17 feet to a point for
294301 corner;
295302 THENCE South 83° 31' 43" East, 1324.09 feet to a point for
296303 corner;
297304 THENCE North 06° 28' 17" East, 883.00 feet to a point for
298305 corner in the South right-of-way line of the aforementioned Vernon
299306 Frost Road;
300307 THENCE South 83° 31' 43" East with said South right-of-way
301308 line, 23.23 to the POINT OF BEGINNING; containing 47.74 acres of
302309 land, more or less.
303310 TRACT 3 - 10.95 ACRES
304311 Being a 10.95 acre tract of land out of the Thomas Westfall
305312 League, Abstract 92 Fort Bend County, Texas; said 10.95 acre tract
306313 of land being more particularly described by metes and bounds as
307314 follows:
308315 COMMENCING at a point in the East line of said Thomas Westfall
309316 League, Abstract 92 and being in the South right-of-way line of
310317 Vernon Frost Road; THENCE North 83° 31' 43" East with said South
311318 right-of-way line, 30.19 feet to the POINT OF BEGINNING of the
312319 herein tract of land;
313320 THENCE South 00° 05' 00" West, 593.27 feet to a point for
314321 corner;
315322 THENCE North 83° 31' 42" West, 694.99 feet to a point for
316323 corner in the East line of a Roadway for Ingress and Egress and
317324 Utilities;
318325 THENCE North 20° 02' 44" West with said East line, 658.90 feet
319326 to a point for corner in the South right-of-way line of the
320327 aforementioned Vernon Frost Road;
321328 THENCE South 83° 31' 43" East with said South right-of-way
322329 line, 923.16 to the POINT OF BEGINNING; containing 10.95 acres of
323330 land, more or less.
324331 TRACT 4 - 84.60 ACRES
325332 Being a 95.93 acre tract of land out of the Randolph Foster
326333 League, Abstract 28, and the Thomas Westfall League, Abstract 92
327334 Fort Bend County, Texas; said 95.93 acre tract of land being more
328335 particularly described by metes and bounds as follows:
329336 COMMENCING at the Northwest corner of Thomas Westfall League,
330337 Abstract 92; THENCE North 89° 53' 37" East with the common line of
331338 said Foster League and said Westfall League, 1645.89 feet to a point
332339 in the East right-of-way line of F.M. 1489;
333340 THENCE with said East right-of-way line, along the arc of a
334341 curve to the right, having a radius of 2166.91 feet, a central angle
335342 of 01° 46' 20", an arc length of 67.02 feet, and a chord bearing
336343 North 04° 34' 23" East, 67.02 feet to the POINT OF BEGINNING of the
337344 herein tract of land;
338345 THENCE with said East right-of-way line, along the arc of a
339346 curve to the right, having a radius of 2166.91 feet, a central angle
340347 of 05° 49' 38", an arc length of 220.39 feet, and a chord bearing
341348 North 08° 22' 23" East, 220.29 feet to a point for corner;
342349 THENCE North 10° 25' 33" East, 567.79 feet to a point for
343350 corner;
344351 THENCE North 42° 48' 13" East, 161.59 feet to a point for
345352 corner;
346353 THENCE North 89° 49' 13" East, 776.80 feet to a point for
347354 corner;
348355 THENCE North 89° 50' 13" East, 1300.00 feet to a point for
349356 corner;
350357 THENCE North 89° 47' 53" East, 1493.99 feet to a point for
351358 corner;
352359 THENCE South 05° 13' 23" West, 121.36 feet to a point for
353360 corner in the centerline of Big Bayou (Bessie's Creek);
354361 THENCE with the meanders of said centerline as follows:
355362 - South 20° 06' 37" East, 255.79 feet to a point for corner;
356363 - South 33° 09' 07" East, 391.61 feet to a point for corner;
357364 - South 39° 30' 39" East, 386.36 feet to a point for corner;
358365 - South 46° 57' 47" East, 639.50 feet to a point for corner;
359366 - South 49° 22' 47" East, 386.90 feet to a point for corner;
360367 THENCE South 40° 37' 13" West, 400.00 feet to a point for
361368 corner;
362369 THENCE North 49° 22' 47" West, 395.34 feet to a point for
363370 corner;
364371 THENCE North 46° 57' 47" West, 700.28 feet to a point for
365372 corner;
366373 THENCE North 39° 00' 27" West, 342.84 feet to a point for
367374 corner;
368375 THENCE North 88° 56' 17" West, 3825.88 feet to the POINT OF
369376 BEGINNING; containing 95.93 acres of land more or less;
370377 SAVE AND EXCEPT an 11.33 acre tract of land being more
371378 particularly described by metes and bounds as follows:
372379 COMMENCING at a point in the East right-of-way for the
373380 Southwest corner of said 95.93 acre tract of land; Thence South 88°
374381 56' 17 East, 3825.88 feet to the PLACE OF BEGINNING;
375382 THENCE South 88° 56' 17" East, 527.13 feet to a point for
376383 corner in the centerline of Big Bayou (Bessie's Creek);
377384 THENCE with the meanders of said centerline as follows:
378385 - South 46° 57' 47" East, 639.50 feet to a point for corner;
379386 - South 49° 22' 47" East, 386.90 feet to a point for corner;
380387 THENCE South 40° 37' 13" West, 400.00 feet to a point for
381388 corner;
382389 THENCE North 49° 22' 47" West, 395.34 feet to a point for
383390 corner;
384391 THENCE North 46° 57' 47" West, 700.28 feet to a point for
385392 corner;
386393 THENCE North 39° 00' 27" West, 342.84 to the POINT OF
387394 BEGINNING; containing 11.33 acres of land more or less.
388395 SECTION 3. (a) The legal notice of the intention to
389396 introduce this Act, setting forth the general substance of this
390397 Act, has been published as provided by law, and the notice and a
391398 copy of this Act have been furnished to all persons, agencies,
392399 officials, or entities to which they are required to be furnished
393400 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
394401 Government Code.
395402 (b) The governor, one of the required recipients, has
396403 submitted the notice and Act to the Texas Commission on
397404 Environmental Quality.
398405 (c) The Texas Commission on Environmental Quality has filed
399406 its recommendations relating to this Act with the governor, the
400407 lieutenant governor, and the speaker of the house of
401408 representatives within the required time.
402409 (d) All requirements of the constitution and laws of this
403410 state and the rules and procedures of the legislature with respect
404411 to the notice, introduction, and passage of this Act are fulfilled
405412 and accomplished.
406413 SECTION 4. (a) If this Act does not receive a two-thirds
407414 vote of all the members elected to each house, Subchapter C, Chapter
408415 8347, Special District Local Laws Code, as added by Section 1 of
409416 this Act, is amended by adding Section 8347.0307 to read as follows:
410417 Sec. 8347.0307. NO EMINENT DOMAIN POWER. The district may
411418 not exercise the power of eminent domain.
412419 (b) This section is not intended to be an expression of a
413420 legislative interpretation of the requirements of Section 17(c),
414421 Article I, Texas Constitution.
415422 SECTION 5. This Act takes effect immediately if it receives
416423 a vote of two-thirds of all the members elected to each house, as
417424 provided by Section 39, Article III, Texas Constitution. If this
418425 Act does not receive the vote necessary for immediate effect, this
419426 Act takes effect September 1, 2019.
420- ______________________________ ______________________________
421- President of the Senate Speaker of the House
422- I certify that H.B. No. 4696 was passed by the House on May 3,
423- 2019, by the following vote: Yeas 125, Nays 15, 2 present, not
424- voting.
425- ______________________________
426- Chief Clerk of the House
427- I certify that H.B. No. 4696 was passed by the Senate on May
428- 21, 2019, by the following vote: Yeas 30, Nays 1.
429- ______________________________
430- Secretary of the Senate
431- APPROVED: _____________________
432- Date
433- _____________________
434- Governor
427+ * * * * *