Texas 2019 - 86th Regular

Texas House Bill HB4728 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4728
	1	+	By: Stephenson (Senate Sponsor - Huffman) H.B. No. 4728
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 7, 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
	6	+	printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the creation of the Fort Bend County Municipal Utility
6	13		District No. 241; granting a limited power of eminent domain;
7	14		providing authority to issue bonds; providing authority to impose
8	15		assessments, fees, and taxes.
9	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	17		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	18		Code, is amended by adding Chapter 8027 to read as follows:
12	19		CHAPTER 8027. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 241
13	20		SUBCHAPTER A. GENERAL PROVISIONS
14	21		Sec. 8027.0101. DEFINITIONS. In this chapter:
15	22		(1) "Board" means the district's board of directors.
16	23		(2) "Commission" means the Texas Commission on
17	24		Environmental Quality.
18	25		(3) "Director" means a board member.
19	26		(4) "District" means the Fort Bend County Municipal
20	27		Utility District No. 241.
21	28		Sec. 8027.0102. NATURE OF DISTRICT. The district is a
22	29		municipal utility district created under Section 59, Article XVI,
23	30		Texas Constitution.
24	31		Sec. 8027.0103. CONFIRMATION AND DIRECTOR ELECTION
25	32		REQUIRED. The temporary directors shall hold an election to
26	33		confirm the creation of the district and to elect five permanent
27	34		directors as provided by Section 49.102, Water Code.
28	35		Sec. 8027.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	36		temporary directors may not hold an election under Section
30	37		8027.0103 or 8027.0401, issue bonds, or incur any debt until each
31	38		municipality in whose corporate limits or extraterritorial
32	39		jurisdiction the district is located has consented by ordinance or
33	40		resolution to the creation of the district and to the inclusion of
34	41		land in the district.
35	42		Sec. 8027.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	43		(a) The district is created to serve a public purpose and benefit.
37	44		(b) The district is created to accomplish the purposes of:
38	45		(1) a municipal utility district as provided by
39	46		general law and Section 59, Article XVI, Texas Constitution; and
40	47		(2) Section 52, Article III, Texas Constitution, that
41	48		relate to the construction, acquisition, improvement, operation,
42	49		or maintenance of macadamized, graveled, or paved roads, or
43	50		improvements, including storm drainage, in aid of those roads.
44	51		Sec. 8027.0106. INITIAL DISTRICT TERRITORY. (a) The
45	52		district is initially composed of the territory described by
46	53		Section 2 of the Act enacting this chapter.
47	54		(b) The boundaries and field notes contained in Section 2 of
48	55		the Act enacting this chapter form a closure. A mistake made in the
49	56		field notes or in copying the field notes in the legislative process
50	57		does not affect the district's:
51	58		(1) organization, existence, or validity;
52	59		(2) right to issue any type of bond for the purposes
53	60		for which the district is created or to pay the principal of and
54	61		interest on a bond;
55	62		(3) right to impose a tax; or
56	63		(4) legality or operation.
57	64		SUBCHAPTER B. BOARD OF DIRECTORS
58	65		Sec. 8027.0201. GOVERNING BODY; TERMS. (a) The district is
59	66		governed by a board of five elected directors.
60	67		(b) Except as provided by Section 8027.0202, directors
61	68		serve staggered four-year terms.
62	69		Sec. 8027.0202. TEMPORARY DIRECTORS. (a) On or after the
63	70		effective date of the Act enacting this chapter, the owner or owners
64	71		of a majority of the assessed value of the real property in the
65	72		district may submit a petition to the commission requesting that
66	73		the commission appoint as temporary directors the five persons
67	74		named in the petition. The commission shall appoint as temporary
68	75		directors the five persons named in the petition.
69	76		(b) Temporary directors serve until the earlier of:
70	77		(1) the date permanent directors are elected under
71	78		Section 8027.0103; or
72	79		(2) the fourth anniversary of the effective date of
73	80		the Act enacting this chapter.
74	81		(c) If permanent directors have not been elected under
75	82		Section 8027.0103 and the terms of the temporary directors have
76	83		expired, successor temporary directors shall be appointed or
77	84		reappointed as provided by Subsection (d) to serve terms that
78	85		expire on the earlier of:
79	86		(1) the date permanent directors are elected under
80	87		Section 8027.0103; or
81	88		(2) the fourth anniversary of the date of the
82	89		appointment or reappointment.
83	90		(d) If Subsection (c) applies, the owner or owners of a
84	91		majority of the assessed value of the real property in the district
85	92		may submit a petition to the commission requesting that the
86	93		commission appoint as successor temporary directors the five
87	94		persons named in the petition. The commission shall appoint as
88	95		successor temporary directors the five persons named in the
89	96		petition.
90	97		SUBCHAPTER C. POWERS AND DUTIES
91	98		Sec. 8027.0301. GENERAL POWERS AND DUTIES. The district
92	99		has the powers and duties necessary to accomplish the purposes for
93	100		which the district is created.
94	101		Sec. 8027.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
95	102		DUTIES. The district has the powers and duties provided by the
96	103		general law of this state, including Chapters 49 and 54, Water Code,
97	104		applicable to municipal utility districts created under Section 59,
98	105		Article XVI, Texas Constitution.
99	106		Sec. 8027.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
100	107		52, Article III, Texas Constitution, the district may design,
101	108		acquire, construct, finance, issue bonds for, improve, operate,
102	109		maintain, and convey to this state, a county, or a municipality for
103	110		operation and maintenance macadamized, graveled, or paved roads, or
104	111		improvements, including storm drainage, in aid of those roads.
105	112		Sec. 8027.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	113		road project must meet all applicable construction standards,
107	114		zoning and subdivision requirements, and regulations of each
108	115		municipality in whose corporate limits or extraterritorial
109	116		jurisdiction the road project is located.
110	117		(b) If a road project is not located in the corporate limits
111	118		or extraterritorial jurisdiction of a municipality, the road
112	119		project must meet all applicable construction standards,
113	120		subdivision requirements, and regulations of each county in which
114	121		the road project is located.
115	122		(c) If the state will maintain and operate the road, the
116	123		Texas Transportation Commission must approve the plans and
117	124		specifications of the road project.
118	125		Sec. 8027.0305. COMPLIANCE WITH MUNICIPAL CONSENT
119	126		ORDINANCE OR RESOLUTION. The district shall comply with all
120	127		applicable requirements of any ordinance or resolution that is
121	128		adopted under Section 54.016 or 54.0165, Water Code, and that
122	129		consents to the creation of the district or to the inclusion of land
123	130		in the district.
124	131		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
125	132		Sec. 8027.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
126	133		The district may issue, without an election, bonds and other
127	134		obligations secured by:
128	135		(1) revenue other than ad valorem taxes; or
129	136		(2) contract payments described by Section 8027.0403.
130	137		(b) The district must hold an election in the manner
131	138		provided by Chapters 49 and 54, Water Code, to obtain voter approval
132	139		before the district may impose an ad valorem tax or issue bonds
133	140		payable from ad valorem taxes.
134	141		(c) The district may not issue bonds payable from ad valorem
135	142		taxes to finance a road project unless the issuance is approved by a
136	143		vote of a two-thirds majority of the district voters voting at an
137	144		election held for that purpose.
138	145		Sec. 8027.0402. OPERATION AND MAINTENANCE TAX. (a) If
139	146		authorized at an election held under Section 8027.0401, the
140	147		district may impose an operation and maintenance tax on taxable
141	148		property in the district in accordance with Section 49.107, Water
142	149		Code.
143	150		(b) The board shall determine the tax rate. The rate may not
144	151		exceed the rate approved at the election.
145	152		Sec. 8027.0403. CONTRACT TAXES. (a) In accordance with
146	153		Section 49.108, Water Code, the district may impose a tax other than
147	154		an operation and maintenance tax and use the revenue derived from
148	155		the tax to make payments under a contract after the provisions of
149	156		the contract have been approved by a majority of the district voters
150	157		voting at an election held for that purpose.
151	158		(b) A contract approved by the district voters may contain a
152	159		provision stating that the contract may be modified or amended by
153	160		the board without further voter approval.
154	161		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
155	162		Sec. 8027.0501. AUTHORITY TO ISSUE BONDS AND OTHER
156	163		OBLIGATIONS. The district may issue bonds or other obligations
157	164		payable wholly or partly from ad valorem taxes, impact fees,
158	165		revenue, contract payments, grants, or other district money, or any
159	166		combination of those sources, to pay for any authorized district
160	167		purpose.
161	168		Sec. 8027.0502. TAXES FOR BONDS. At the time the district
162	169		issues bonds payable wholly or partly from ad valorem taxes, the
163	170		board shall provide for the annual imposition of a continuing
164	171		direct ad valorem tax, without limit as to rate or amount, while all
165	172		or part of the bonds are outstanding as required and in the manner
166	173		provided by Sections 54.601 and 54.602, Water Code.
167	174		Sec. 8027.0503. BONDS FOR ROAD PROJECTS. At the time of
168	175		issuance, the total principal amount of bonds or other obligations
169	176		issued or incurred to finance road projects and payable from ad
170	177		valorem taxes may not exceed one-fourth of the assessed value of the
171	178		real property in the district.
172	179		SECTION 2. The Fort Bend County Municipal Utility District
173	180		No. 241 initially includes all the territory contained in the
174	181		following area:
175	182		FIELD NOTES of a 481.424 acre tract of land situated in the
176	183		Charles D. Sayre Survey, Abstract No. 82, Fort Bend County, Texas;
177	184		said 481.424 acre tract of land being all of a called 481.424 acre
178	185		tract as conveyed to AA Sharp Investments, LTD. Recorded under Fort
179	186		Bend County Clerk's File Number (F.B.C.C.F. No.) 2007153566 (and
180	187		described in F.B.C.C.F. No. 2006117261); said 481.424 acre tract of
181	188		land being more particularly described by metes and bounds as
182	189		follows:
183	190		NOTE: All bearings are based upon Survey produced by Henry
184	191		Steinkamp, Jr. Inc. and signed by Franklin R. Schodek (RPLS
185	192		No. 1535) dated August 14, 2006.
186	193		BEGINNING at a point being the most northerly corner of said
187	194		481.424 acre tract and the herein described tract;
188	195		THENCE S 32°19'44" E, along the northeasterly line of said
189	196		called 481.424 acre tract and the herein described tract, a
190	197		distance of 4,484.55 feet, to the centerline of Big Creek marking
191	198		the most easterly corner of the said 481.424 acre tract and the
192	199		herein described tract;
193	200		THENCE along the centerline of Big Creek and the
194	201		southeasterly line of the said 481.424 acre tract and the herein
195	202		described tract the following nineteen (19) courses and distances:
196	203		S 51°40'40" W, a distance of 157.62 feet;
197	204		S 61°46'22" W, a distance of 188.66 feet;
198	205		S 61°29'57" W, a distance of 227.57 feet;
199	206		S 62°21'21" W, a distance of 184.74 feet;
200	207		S 69°38'42" W, a distance of 272.19 feet;
201	208		S 66°16'30" W, a distance of 208.04 feet;
202	209		S 54°44'24" W, a distance of 200.94 feet;
203	210		S 46°21'28" W, a distance of 328.81 feet;
204	211		S 28°07'01" W, a distance of 137.20 feet;
205	212		S 20°43'43" W, a distance of 84.27 feet;
206	213		S 25°56'34" W, a distance of 145.84 feet;
207	214		S 16°19'11" W, a distance of 147.37 feet;
208	215		S 07°07'12" W, a distance of 544.54 feet;
209	216		S 20°17'04" W, a distance of 235.04 feet;
210	217		S 21°49'12" W, a distance of 473.24 feet;
211	218		S 19°50'49" W, a distance of 401.42 feet;
212	219		S 16°02'34" W, a distance of 118.89 feet;
213	220		S 06°53'14" W, a distance of 422.50 feet;
214	221		S 05°15'02" W, a distance of 249.80 feet, to the most
215	222		southerly corner of the herein described tract;
216	223		THENCE N 47°57'28" W, departing the centerline of Big Creek,
217	224		and along the southwesterly line of said 481.424 acre tract, a
218	225		distance of 5,149.01 feet, to the most westerly corner of the said
219	226		481.424 acre tract and the herein described tract;
220	227		THENCE N 42°11'01" E, along the northwesterly line of the said
221	228		481.424 acre tract and the herein described tract, a distance of
222	229		5,501.23 feet to the PLACE OF BEGINNING; containing within said
223	230		boundaries a calculated area of 481.424 acres of land.
224	231		SECTION 3. (a) The legal notice of the intention to
225	232		introduce this Act, setting forth the general substance of this
226	233		Act, has been published as provided by law, and the notice and a
227	234		copy of this Act have been furnished to all persons, agencies,
228	235		officials, or entities to which they are required to be furnished
229	236		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
230	237		Government Code.
231	238		(b) The governor, one of the required recipients, has
232	239		submitted the notice and Act to the Texas Commission on
233	240		Environmental Quality.
234	241		(c) The Texas Commission on Environmental Quality has filed
235	242		its recommendations relating to this Act with the governor, the
236	243		lieutenant governor, and the speaker of the house of
237	244		representatives within the required time.
238	245		(d) All requirements of the constitution and laws of this
239	246		state and the rules and procedures of the legislature with respect
240	247		to the notice, introduction, and passage of this Act are fulfilled
241	248		and accomplished.
242	249		SECTION 4. (a) If this Act does not receive a two-thirds
243	250		vote of all the members elected to each house, Subchapter C, Chapter
244	251		8027, Special District Local Laws Code, as added by Section 1 of
245	252		this Act, is amended by adding Section 8027.0306 to read as follows:
246	253		Sec. 8027.0306. NO EMINENT DOMAIN POWER. The district may
247	254		not exercise the power of eminent domain.
248	255		(b) This section is not intended to be an expression of a
249	256		legislative interpretation of the requirements of Section 17(c),
250	257		Article I, Texas Constitution.
251	258		SECTION 5. This Act takes effect immediately if it receives
252	259		a vote of two-thirds of all the members elected to each house, as
253	260		provided by Section 39, Article III, Texas Constitution. If this
254	261		Act does not receive the vote necessary for immediate effect, this
255	262		Act takes effect September 1, 2019.
256		-	______________________________ ______________________________
257		-	President of the Senate Speaker of the House
258		-	I certify that H.B. No. 4728 was passed by the House on May 3,
259		-	2019, by the following vote: Yeas 124, Nays 16, 2 present, not
260		-	voting.
261		-	______________________________
262		-	Chief Clerk of the House
263		-	I certify that H.B. No. 4728 was passed by the Senate on May
264		-	22, 2019, by the following vote: Yeas 30, Nays 1.
265		-	______________________________
266		-	Secretary of the Senate
267		-	APPROVED: _____________________
268		-	Date
269		-	_____________________
270		-	Governor
	263	+	* * * * *