Texas 2019 - 86th Regular

Texas Senate Bill SB1038 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 1038
	1	+	By: Taylor S.B. No. 1038
	2	+	(Thompson of Brazoria)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the creation of the Brazoria-Fort Bend Counties
6	8		Municipal Utility District No. 3; granting a limited power of
7	9		eminent domain; providing authority to issue bonds; providing
8	10		authority to impose assessments, fees, and taxes.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	13		Code, is amended by adding Chapter 8075 to read as follows:
12	14		CHAPTER 8075. BRAZORIA-FORT BEND COUNTIES MUNICIPAL UTILITY
13	15		DISTRICT NO. 3
14	16		SUBCHAPTER A. GENERAL PROVISIONS
15	17		Sec. 8075.0101. DEFINITIONS. In this chapter:
16	18		(1) "Board" means the district's board of directors.
17	19		(2) "Commission" means the Texas Commission on
18	20		Environmental Quality.
19	21		(3) "Director" means a board member.
20	22		(4) "District" means the Brazoria-Fort Bend Counties
21	23		Municipal Utility District No. 3.
22	24		Sec. 8075.0102. NATURE OF DISTRICT. The district is a
23	25		municipal utility district created under Section 59, Article XVI,
24	26		Texas Constitution.
25	27		Sec. 8075.0103. CONFIRMATION AND DIRECTOR ELECTION
26	28		REQUIRED. The temporary directors shall hold an election to
27	29		confirm the creation of the district and to elect five permanent
28	30		directors as provided by Section 49.102, Water Code.
29	31		Sec. 8075.0104. CONSENT OF MUNICIPALITY REQUIRED. The
30	32		temporary directors may not hold an election under Section
31	33		8075.0103 until each municipality in whose corporate limits or
32	34		extraterritorial jurisdiction the district is located has
33	35		consented by ordinance or resolution to the creation of the
34	36		district and to the inclusion of land in the district.
35	37		Sec. 8075.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	38		(a) The district is created to serve a public purpose and benefit.
37	39		(b) The district is created to accomplish the purposes of:
38	40		(1) a municipal utility district as provided by
39	41		general law and Section 59, Article XVI, Texas Constitution; and
40	42		(2) Section 52, Article III, Texas Constitution, that
41	43		relate to the construction, acquisition, improvement, operation,
42	44		or maintenance of macadamized, graveled, or paved roads, or
43	45		improvements, including storm drainage, in aid of those roads.
44	46		Sec. 8075.0106. INITIAL DISTRICT TERRITORY. (a) The
45	47		district is initially composed of the territory described by
46	48		Section 2 of the Act enacting this chapter.
47	49		(b) The boundaries and field notes contained in Section 2 of
48	50		the Act enacting this chapter form a closure. A mistake made in the
49	51		field notes or in copying the field notes in the legislative process
50	52		does not affect the district's:
51	53		(1) organization, existence, or validity;
52	54		(2) right to issue any type of bond for the purposes
53	55		for which the district is created or to pay the principal of and
54	56		interest on a bond;
55	57		(3) right to impose a tax; or
56	58		(4) legality or operation.
57	59		SUBCHAPTER B. BOARD OF DIRECTORS
58	60		Sec. 8075.0201. GOVERNING BODY; TERMS. (a) The district
59	61		is governed by a board of five elected directors.
60	62		(b) Except as provided by Section 8075.0202, directors
61	63		serve staggered four-year terms.
62	64		Sec. 8075.0202. TEMPORARY DIRECTORS. (a) On or after
63	65		September 1, 2019, the owner or owners of a majority of the assessed
64	66		value of the real property in the district may submit a petition to
65	67		the commission requesting that the commission appoint as temporary
66	68		directors the five persons named in the petition. The commission
67	69		shall appoint as temporary directors the five persons named in the
68	70		petition.
69	71		(b) Temporary directors serve until the earlier of:
70	72		(1) the date permanent directors are elected under
71	73		Section 8075.0103; or
72	74		(2) September 1, 2023.
73	75		(c) If permanent directors have not been elected under
74	76		Section 8075.0103 and the terms of the temporary directors have
75	77		expired, successor temporary directors shall be appointed or
76	78		reappointed as provided by Subsection (d) to serve terms that
77	79		expire on the earlier of:
78	80		(1) the date permanent directors are elected under
79	81		Section 8075.0103; or
80	82		(2) the fourth anniversary of the date of the
81	83		appointment or reappointment.
82	84		(d) If Subsection (c) applies, the owner or owners of a
83	85		majority of the assessed value of the real property in the district
84	86		may submit a petition to the commission requesting that the
85	87		commission appoint as successor temporary directors the five
86	88		persons named in the petition. The commission shall appoint as
87	89		successor temporary directors the five persons named in the
88	90		petition.
89	91		SUBCHAPTER C. POWERS AND DUTIES
90	92		Sec. 8075.0301. GENERAL POWERS AND DUTIES. The district
91	93		has the powers and duties necessary to accomplish the purposes for
92	94		which the district is created.
93	95		Sec. 8075.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	96		DUTIES. The district has the powers and duties provided by the
95	97		general law of this state, including Chapters 49 and 54, Water Code,
96	98		applicable to municipal utility districts created under Section 59,
97	99		Article XVI, Texas Constitution.
98	100		Sec. 8075.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99	101		52, Article III, Texas Constitution, the district may design,
100	102		acquire, construct, finance, issue bonds for, improve, operate,
101	103		maintain, and convey to this state, a county, or a municipality for
102	104		operation and maintenance macadamized, graveled, or paved roads, or
103	105		improvements, including storm drainage, in aid of those roads.
104	106		Sec. 8075.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	107		road project must meet all applicable construction standards,
106	108		zoning and subdivision requirements, and regulations of each
107	109		municipality in whose corporate limits or extraterritorial
108	110		jurisdiction the road project is located.
109	111		(b) If a road project is not located in the corporate limits
110	112		or extraterritorial jurisdiction of a municipality, the road
111	113		project must meet all applicable construction standards,
112	114		subdivision requirements, and regulations of each county in which
113	115		the road project is located.
114	116		(c) If the state will maintain and operate the road, the
115	117		Texas Transportation Commission must approve the plans and
116	118		specifications of the road project.
117	119		Sec. 8075.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118	120		ORDINANCE OR RESOLUTION. The district shall comply with all
119	121		applicable requirements of any ordinance or resolution that is
120	122		adopted under Section 54.016 or 54.0165, Water Code, and that
121	123		consents to the creation of the district or to the inclusion of land
122	124		in the district.
123	125		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
124	126		Sec. 8075.0401. ELECTIONS REGARDING TAXES OR BONDS.
125	127		(a) The district may issue, without an election, bonds and other
126	128		obligations secured by:
127	129		(1) revenue other than ad valorem taxes; or
128	130		(2) contract payments described by Section 8075.0403.
129	131		(b) The district must hold an election in the manner
130	132		provided by Chapters 49 and 54, Water Code, to obtain voter approval
131	133		before the district may impose an ad valorem tax or issue bonds
132	134		payable from ad valorem taxes.
133	135		(c) The district may not issue bonds payable from ad valorem
134	136		taxes to finance a road project unless the issuance is approved by a
135	137		vote of a two-thirds majority of the district voters voting at an
136	138		election held for that purpose.
137	139		Sec. 8075.0402. OPERATION AND MAINTENANCE TAX. (a) If
138	140		authorized at an election held under Section 8075.0401, the
139	141		district may impose an operation and maintenance tax on taxable
140	142		property in the district in accordance with Section 49.107, Water
141	143		Code.
142	144		(b) The board shall determine the tax rate. The rate may not
143	145		exceed the rate approved at the election.
144	146		Sec. 8075.0403. CONTRACT TAXES. (a) In accordance with
145	147		Section 49.108, Water Code, the district may impose a tax other than
146	148		an operation and maintenance tax and use the revenue derived from
147	149		the tax to make payments under a contract after the provisions of
148	150		the contract have been approved by a majority of the district voters
149	151		voting at an election held for that purpose.
150	152		(b) A contract approved by the district voters may contain a
151	153		provision stating that the contract may be modified or amended by
152	154		the board without further voter approval.
153	155		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	156		Sec. 8075.0501. AUTHORITY TO ISSUE BONDS AND OTHER
155	157		OBLIGATIONS. The district may issue bonds or other obligations
156	158		payable wholly or partly from ad valorem taxes, impact fees,
157	159		revenue, contract payments, grants, or other district money, or any
158	160		combination of those sources, to pay for any authorized district
159	161		purpose.
160	162		Sec. 8075.0502. TAXES FOR BONDS. At the time the district
161	163		issues bonds payable wholly or partly from ad valorem taxes, the
162	164		board shall provide for the annual imposition of a continuing
163	165		direct ad valorem tax, without limit as to rate or amount, while all
164	166		or part of the bonds are outstanding as required and in the manner
165	167		provided by Sections 54.601 and 54.602, Water Code.
166	168		Sec. 8075.0503. BONDS FOR ROAD PROJECTS. At the time of
167	169		issuance, the total principal amount of bonds or other obligations
168	170		issued or incurred to finance road projects and payable from ad
169	171		valorem taxes may not exceed one-fourth of the assessed value of the
170	172		real property in the district.
171	173		SECTION 2. The Brazoria-Fort Bend Counties Municipal
172	174		Utility District No. 3 initially includes all the territory
173	175		contained in the following area:
174	176		Being a tract containing 362.666 acres of land,
175	177		located in the William Hall Survey, Abstract 31, in
176	178		Fort Bend County, Texas and Abstract 713 in Brazoria
177	179		County, Texas; Said 362.666 acre tract being a call
178	180		363.942 acre tract recorded in the name of
179	181		J.H.Caldwell, et al in Volume 796, Page 565 of the
180	182		Official Records of Fort Bend County (O.R.F.B.C.) and
181	183		being Lots 1, 2, 3, 4, 7, 11, 12 and a portion of Lot 6,
182	184		T.W. & J.H.B. House Subdivision, a subdivision
183	185		recorded in Volume 7, Page 301 of the Fort Bend County
184	186		Deed Records (F.B.C.D.R.); Said 362.666 acre tract
185	187		being more particularly described by metes and bounds
186	188		as follows (bearings being based on the Texas
187	189		Coordinate System, South Central Zone, NAD 83, as
188	190		derived from GPS Observations):
189	191		Beginning at a 2-inch iron pipe found at the
190	192		northeasterly corner of a call 1.284 acre tract
191	193		recorded in the name of Fort Bend County Municipal
192	194		Utility District Number 141 in File Number 2018043550
193	195		of the O.R.F.B.C., the southeasterly corner of a call
194	196		48.6 acre tract recorded in the name of Emma Ruth Bly
195	197		in File Number 2004149678 of the O.R.F.B.C., the
196	198		southerly southwest corner of a call 484.4229 acre
197	199		tract recorded in the name of Hannover Estates, LTD. in
198	200		File Number 2002140473 of the O.R.F.B.C. and being the
199	201		southeasterly corner of the David Fitzgerald League,
200	202		Abstract 25, the southwesterly corner of the I.&G.N.
201	203		R.R. Co. Survey, Abstract 352 and being on the
202	204		northerly line of the William Hall Survey, Abstract
203	205		31, from which a 3/4-inch iron rod found at the
204	206		northeasterly corner of Reserve "A", Fort Bend ISD
205	207		Ferndell Henry Center for Learning, a subdivision
206	208		recorded in Plat Number 20110173 of the Fort Bend
207	209		County Plat Records (F.B.C.P.R.), bears South 86
208	210		degrees 55 minutes 29 seconds West, a distance of
209	211		175.06 feet;
210	212		Thence, with the northerly line of said William Hall
211	213		Survey and with the southerly line of aforesaid
212	214		484.4229 acre tract and a call 17.478 acre tract
213	215		recorded in the name of JNC Development, Inc. in File
214	216		Number 2017115756 of the O.R.F.B.C., North 86 degrees
215	217		55 minutes 29 seconds East, at a distance of
216	218		1755.20 pass a found 5/8-inch iron rod with "Miller"
217	219		cap, at a distance of 2340.21 feet pass a found
218	220		5/8-inch iron rod with "Miller" cap, at a distance of
219	221		3151.64 feet pass a found 5/8-inch iron rod with
220	222		"Miller" cap, at a distance of 3753.58 feet pass a
221	223		found 5/8-inch iron rod with "Miller" cap, at a
222	224		distance of 4801.72 feet pass the Fort Bend/Brazoria
223	225		County line, in all, a distance of 5137.14 feet to a
224	226		5/8-inch iron rod set at the northeast corner of
225	227		aforesaid William Hall Survey, the southeasterly
226	228		corner of aforesaid 484.4229 acre tract and being the
227	229		northeasterly corner of aforesaid Lot 1;
228	230		Thence, with the easterly line of said William Hall
229	231		Survey, South 03 degrees 04 minutes 56 seconds East, a
230	232		distance of 1591.83 feet to a 2-inch PVC stand pipe
231	233		found at the southeasterly corner of aforesaid Lot 1
232	234		and the northeasterly corner of Lot 9, aforesaid T.W. &
233	235		J.H.B. House Subdivision;
234	236		Thence, with the southerly line of aforesaid Lots 1 and
235	237		2, South 86 degrees 55 minutes 29 seconds West, at a
236	238		distance of 775.90 feet pass the aforesaid Fort
237	239		Bend/Brazoria County line, in all, a distance of
238	240		2735.60 feet to a 2-inch PVC stand pipe found at the
239	241		common corner of aforesaid Lots 2, 3, 7 and Lot 8,
240	242		aforesaid T.W. & J.H.B. House Subdivision;
241	243		Thence, with the easterly line of said Lot 7, South 03
242	244		degrees 04 minutes 56 seconds East, a distance of
243	245		1591.23 feet to a 2-inch PVC stand pipe found at the
244	246		common corner of aforesaid Lots 7, 8, 11 and 12;
245	247		Thence, with the common line between Lots 8 and 11,
246	248		North 86 degrees 55 minutes 29 seconds East, a distance
247	249		of 1367.28 feet to a 2-inch PVC stand pipe found at the
248	250		common corner of aforesaid Lots 8, 9, 11 and Lot 10,
249	251		aforesaid T.W. & J.H.B. House Subdivision;
250	252		Thence, with the common line between aforesaid Lots 10
251	253		and 11, South 03 degrees 04 minutes 56 seconds East, a
252	254		distance of 1592.64 feet to a 3/4-inch iron pipe found
253	255		at the common corner of aforesaid Lots 10 and 11 and
254	256		Lots 20 and 21, aforesaid T.W. & J.H.B. House
255	257		Subdivision;
256	258		Thence, with the southerly line of aforesaid Lot 11,
257	259		South 86 degrees 55 minutes 29 seconds West, a distance
258	260		of 1367.22 feet to a 5/8-inch iron rod set at the
259	261		common corner of aforesaid Lots 11, 12, 20 and Lot 19,
260	262		aforesaid T.W. & J.H.B. House Subdivision and being
261	263		the easterly northeast corner of a call 91.100 acre
262	264		tract recorded in the name of Forestar (USA) Real
263	265		Estate Group, Inc. in File Number 2017121652 of the
264	266		O.R.F.B.C.;
265	267		Thence, with the northerly and easterly lines of said
266	268		91.100 acre tract, the following four (4) courses:
267	269		1) South 86 degrees 42 minutes 23 seconds West, at a
268	270		distance of 29.30 feet pass a found 1/2-inch iron rod,
269	271		in all, a distance of 1368.62 feet to a found 5/8-inch
270	272		iron rod;
271	273		2) North 03 degrees 03 minutes 31 seconds West, a
272	274		distance of 1594.92 feet to a found 5/8-inch iron rod;
273	275		3) South 86 degrees 57 minutes 25 seconds West, a
274	276		distance of 675.85 feet to a 5/8-inch iron rod set;
275	277		4) South 86 degrees 48 minutes 40 seconds West, a
276	278		distance of 3.88 feet to a 5/8-inch iron rod found at
277	279		the southeasterly corner of a call 162.2524 acre tract
278	280		recorded in the name of Hannover Estates, LTD. in File
279	281		Number 2004018462 of the O.R.F.B.C.;
280	282		Thence, with the easterly lines of said 162.2524 acre
281	283		tract, the following three (3) courses:
282	284		1) North 03 degrees 04 minutes 56 seconds West, a
283	285		distance of 1593.59 feet to a 5/8-inch iron rod set;
284	286		2) South 86 degrees 57 minutes 10 seconds West, a
285	287		distance of 353.80 feet to a 5/8-inch iron with cap
286	288		found;
287	289		3) North 03 degrees 05 minutes 12 seconds West, at a
288	290		distance of 1272.29 feet pass the southeasterly corner
289	291		of aforesaid 1.284 acre tract, in all, a distance of
290	292		1591.86 feet to the POINT OF BEGINNING and containing
291	293		362.666 acres of land.
292	294		SECTION 3. (a) The legal notice of the intention to
293	295		introduce this Act, setting forth the general substance of this
294	296		Act, has been published as provided by law, and the notice and a
295	297		copy of this Act have been furnished to all persons, agencies,
296	298		officials, or entities to which they are required to be furnished
297	299		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
298	300		Government Code.
299	301		(b) The governor, one of the required recipients, has
300	302		submitted the notice and Act to the Texas Commission on
301	303		Environmental Quality.
302	304		(c) The Texas Commission on Environmental Quality has filed
303	305		its recommendations relating to this Act with the governor, the
304	306		lieutenant governor, and the speaker of the house of
305	307		representatives within the required time.
306	308		(d) All requirements of the constitution and laws of this
307	309		state and the rules and procedures of the legislature with respect
308	310		to the notice, introduction, and passage of this Act are fulfilled
309	311		and accomplished.
310	312		SECTION 4. (a) If this Act does not receive a two-thirds
311	313		vote of all the members elected to each house, Subchapter C, Chapter
312	314		8075, Special District Local Laws Code, as added by Section 1 of
313	315		this Act, is amended by adding Section 8075.0306 to read as follows:
314	316		Sec. 8075.0306. NO EMINENT DOMAIN POWER. The district may
315	317		not exercise the power of eminent domain.
316	318		(b) This section is not intended to be an expression of a
317	319		legislative interpretation of the requirements of Section 17(c),
318	320		Article I, Texas Constitution.
319	321		SECTION 5. This Act takes effect September 1, 2019.
320		-	______________________________ ______________________________
321		-	President of the Senate Speaker of the House
322		-	I hereby certify that S.B. No. 1038 passed the Senate on
323		-	April 26, 2019, by the following vote: Yeas 29, Nays 1.
324		-	______________________________
325		-	Secretary of the Senate
326		-	I hereby certify that S.B. No. 1038 passed the House on
327		-	May 14, 2019, by the following vote: Yeas 121, Nays 20,
328		-	two present not voting.
329		-	______________________________
330		-	Chief Clerk of the House
331		-	Approved:
332		-	______________________________
333		-	Date
334		-	______________________________
335		-	Governor