Texas 2019 - 86th Regular

Texas Senate Bill SB2490 Compare Versions

Only one version of the bill is available at this time.

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1	1	86R10131 BRG-F
2	2	By: Kolkhorst S.B. No. 2490
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Fort Bend County Municipal Utility
8	8	District No. 231; granting a limited power of eminent domain;
9	9	providing authority to issue bonds; providing authority to impose
10	10	assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 8070 to read as follows:
14	14	CHAPTER 8070. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 231
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8070.0101. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Fort Bend County Municipal
22	22	Utility District No. 231.
23	23	Sec. 8070.0102. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 8070.0103. CONFIRMATION AND DIRECTOR ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 8070.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	8070.0103 until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 8070.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 8070.0106. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 8070.0201. GOVERNING BODY; TERMS. (a) The district is
60	60	governed by a board of five elected directors.
61	61	(b) Except as provided by Section 8070.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 8070.0202. TEMPORARY DIRECTORS. (a) On or after the
64	64	effective date of the Act enacting this chapter, the owner or owners
65	65	of a majority of the assessed value of the real property in the
66	66	district may submit a petition to the commission requesting that
67	67	the commission appoint as temporary directors the five persons
68	68	named in the petition. The commission shall appoint as temporary
69	69	directors the five persons named in the petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8070.0103; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act enacting this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 8070.0103 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 8070.0103; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 8070.0301. GENERAL POWERS AND DUTIES. The district
93	93	has the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 8070.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 8070.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
101	101	52, Article III, Texas Constitution, the district may design,
102	102	acquire, construct, finance, issue bonds for, improve, operate,
103	103	maintain, and convey to this state, a county, or a municipality for
104	104	operation and maintenance macadamized, graveled, or paved roads, or
105	105	improvements, including storm drainage, in aid of those roads.
106	106	Sec. 8070.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	107	road project must meet all applicable construction standards,
108	108	zoning and subdivision requirements, and regulations of each
109	109	municipality in whose corporate limits or extraterritorial
110	110	jurisdiction the road project is located.
111	111	(b) If a road project is not located in the corporate limits
112	112	or extraterritorial jurisdiction of a municipality, the road
113	113	project must meet all applicable construction standards,
114	114	subdivision requirements, and regulations of each county in which
115	115	the road project is located.
116	116	(c) If the state will maintain and operate the road, the
117	117	Texas Transportation Commission must approve the plans and
118	118	specifications of the road project.
119	119	Sec. 8070.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120	120	ORDINANCE OR RESOLUTION. The district shall comply with all
121	121	applicable requirements of any ordinance or resolution that is
122	122	adopted under Section 54.016 or 54.0165, Water Code, and that
123	123	consents to the creation of the district or to the inclusion of land
124	124	in the district.
125	125	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	126	Sec. 8070.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
127	127	The district may issue, without an election, bonds and other
128	128	obligations secured by:
129	129	(1) revenue other than ad valorem taxes; or
130	130	(2) contract payments described by Section 8070.0403.
131	131	(b) The district must hold an election in the manner
132	132	provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	133	before the district may impose an ad valorem tax or issue bonds
134	134	payable from ad valorem taxes.
135	135	(c) The district may not issue bonds payable from ad valorem
136	136	taxes to finance a road project unless the issuance is approved by a
137	137	vote of a two-thirds majority of the district voters voting at an
138	138	election held for that purpose.
139	139	Sec. 8070.0402. OPERATION AND MAINTENANCE TAX. (a) If
140	140	authorized at an election held under Section 8070.0401, the
141	141	district may impose an operation and maintenance tax on taxable
142	142	property in the district in accordance with Section 49.107, Water
143	143	Code.
144	144	(b) The board shall determine the tax rate. The rate may not
145	145	exceed the rate approved at the election.
146	146	Sec. 8070.0403. CONTRACT TAXES. (a) In accordance with
147	147	Section 49.108, Water Code, the district may impose a tax other than
148	148	an operation and maintenance tax and use the revenue derived from
149	149	the tax to make payments under a contract after the provisions of
150	150	the contract have been approved by a majority of the district voters
151	151	voting at an election held for that purpose.
152	152	(b) A contract approved by the district voters may contain a
153	153	provision stating that the contract may be modified or amended by
154	154	the board without further voter approval.
155	155	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
156	156	Sec. 8070.0501. AUTHORITY TO ISSUE BONDS AND OTHER
157	157	OBLIGATIONS. The district may issue bonds or other obligations
158	158	payable wholly or partly from ad valorem taxes, impact fees,
159	159	revenue, contract payments, grants, or other district money, or any
160	160	combination of those sources, to pay for any authorized district
161	161	purpose.
162	162	Sec. 8070.0502. TAXES FOR BONDS. At the time the district
163	163	issues bonds payable wholly or partly from ad valorem taxes, the
164	164	board shall provide for the annual imposition of a continuing
165	165	direct ad valorem tax, without limit as to rate or amount, while all
166	166	or part of the bonds are outstanding as required and in the manner
167	167	provided by Sections 54.601 and 54.602, Water Code.
168	168	Sec. 8070.0503. BONDS FOR ROAD PROJECTS. At the time of
169	169	issuance, the total principal amount of bonds or other obligations
170	170	issued or incurred to finance road projects and payable from ad
171	171	valorem taxes may not exceed one-fourth of the assessed value of the
172	172	real property in the district.
173	173	SECTION 2. The Fort Bend County Municipal Utility District
174	174	No. 231 initially includes all the territory contained in the
175	175	following area:
176	176	Being a 309.21 acre tract of land located in the H. & T. C. R.R. Co.
177	177	Survey, Section 85, Abstract No. 247 and H. & T. C. R.R. Co. Survey,
178	178	Section 90, Abstract No. 507 in Fort Bend County, Texas; said
179	179	309.21 acre tract being all of the remainder of a called 100-acre
180	180	tract of land conveyed to Henry Fuchs in Clerk's File Number
181	181	2015129371 of the Official Public Records of Fort Bend County
182	182	(O.P.R.F.B.C.), all of the remainder of a called 209-acre tract of
183	183	land conveyed to Carl F. Fischer and wife, Diane Fischer, and Donald
184	184	H. Fischer and wife, Sherry Fischer in Volume 875, Page 55 of the
185	185	Fort Bend County Deed Records (F.B.C.D.R.), and a portion of
186	186	Wernecke Road (60-feet wide); said 309.21 acre tract being more
187	187	particularly described by metes and bounds as follows (all bearings
188	188	are referenced to the Texas Coordinate System, North American Datum
189	189	1983 (NAD 83), South Central Zone);
190	190	Beginning at an iron stake found at the most southerly corner of
191	191	said 209-acre tract and the most westerly corner of a called 50.0-
192	192	acre tract of land recorded in the name of M.T. Cyplik in Clerk's
193	193	File No. 9769464 of the O.P.R.F.B.C. and being on the northeasterly
194	194	right-of-way line of Meyer Road (40.00 feet wide);
195	195	1. Thence, with the southwesterly line of said 209-acre
196	196	tract and said northeasterly right-of-way line of Meyer Road, North
197	197	48 degrees 09 minutes 38 seconds West, a distance of 1,741.90 feet
198	198	to a 5/8-inch iron rod with cap stamped "COSTELLO INC" found at the
199	199	most westerly corner of this 309.21-acre tract, being on the
200	200	southeasterly right-of-way line of Wernecke Road (60.00 feet wide);
201	201	2. Thence, with the northwesterly line of said 209-acre
202	202	tract and said southeasterly right-of-way line of Wernecke Road,
203	203	North 41 degrees 51 minutes 19 seconds East, a distance of 2643.75
204	204	feet;
205	205	3. Thence, North 47 degrees 53 minutes 47 seconds West, at
206	206	30.00-feet pass the south corner of aforesaid 100-acre tract and
207	207	the east corner of a called 61.09-acre tract recorded in Clerk's
208	208	File Number 2006081947 of the O.P.R.F.B.C. and being the centerline
209	209	of said Wernecke Road, in all a total distance of 1,700.74 feet to
210	210	an axel found for the west corner of said called 100-acre tract and
211	211	the south corner of a called 108.1-acre tract of land recorded in
212	212	Clerk's File Number 2014019607 of the O.P.R.F.B.C.;
213	213	4. Thence, with the common line of said called 100-acre
214	214	tract and said called 108.1-acre tract, North 41 degrees 49 minutes
215	215	16 seconds East, a distance of 2,571.79 feet to a 1-1/2-inch iron
216	216	pipe found on the southwesterly right-of-way line of FM 360
217	217	(Beasley-Needville Road, 80.00 feet wide per TxDOT right-of-way map
218	218	of FM 360, CSJ No. 527-6-6, dated August 19, 1968);
219	219	5. Thence, with said southwesterly right-of-way line of FM
220	220	360, South 47 degrees 57 minutes 06 seconds East, a distance of
221	221	3,447.86 feet to a 5/8-inch iron rod with cap stamped "COSTELLO INC"
222	222	found on the southeasterly line of said 209-acre tract, being the
223	223	most northerly corner of a called 49.9822 acre tract of land
224	224	recorded in the name of Jose A. Tejada in C.F. No. 2005115202 of the
225	225	O.P.R.F.B.C., from which a found eye-bolt bears South 41 degrees 53
226	226	minutes 44 seconds West, a distance of 0.71 feet;
227	227	6. Thence, with said southwesterly line of the 209-acre
228	228	tract, the northeasterly line of said 49.9822-acre tract, and the
229	229	northeasterly line of aforesaid 50.0-acre tract, South 41 degrees
230	230	53 minutes 44 seconds West, a distance of 5,210.82 feet to the Point
231	231	of Beginning and containing 309.21 acres of land.
232	232	SECTION 3. (a) The legal notice of the intention to
233	233	introduce this Act, setting forth the general substance of this
234	234	Act, has been published as provided by law, and the notice and a
235	235	copy of this Act have been furnished to all persons, agencies,
236	236	officials, or entities to which they are required to be furnished
237	237	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
238	238	Government Code.
239	239	(b) The governor, one of the required recipients, has
240	240	submitted the notice and Act to the Texas Commission on
241	241	Environmental Quality.
242	242	(c) The Texas Commission on Environmental Quality has filed
243	243	its recommendations relating to this Act with the governor, the
244	244	lieutenant governor, and the speaker of the house of
245	245	representatives within the required time.
246	246	(d) All requirements of the constitution and laws of this
247	247	state and the rules and procedures of the legislature with respect
248	248	to the notice, introduction, and passage of this Act are fulfilled
249	249	and accomplished.
250	250	SECTION 4. (a) If this Act does not receive a two-thirds
251	251	vote of all the members elected to each house, Subchapter C, Chapter
252	252	8070, Special District Local Laws Code, as added by Section 1 of
253	253	this Act, is amended by adding Section 8070.0306 to read as follows:
254	254	Sec. 8070.0306. NO EMINENT DOMAIN POWER. The district may
255	255	not exercise the power of eminent domain.
256	256	(b) This section is not intended to be an expression of a
257	257	legislative interpretation of the requirements of Section 17(c),
258	258	Article I, Texas Constitution.
259	259	SECTION 5. This Act takes effect immediately if it receives
260	260	a vote of two-thirds of all the members elected to each house, as
261	261	provided by Section 39, Article III, Texas Constitution. If this
262	262	Act does not receive the vote necessary for immediate effect, this
263	263	Act takes effect September 1, 2019.