Texas 2019 - 86th Regular

Texas Senate Bill SB2495 Compare Versions

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

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1	1	86R10325 BRG-F
2	2	By: Kolkhorst S.B. No. 2495
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. 238; 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 8072 to read as follows:
14	14	CHAPTER 8072. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 238
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8072.0101. 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. 238.
23	23	Sec. 8072.0102. 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. 8072.0103. 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. 8072.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	8072.0103 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. 8072.0105. 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. 8072.0106. 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. 8072.0201. 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 8072.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 8072.0202. 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 8072.0103; 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 8072.0103 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 8072.0103; 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. 8072.0301. 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. 8072.0302. 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. 8072.0303. 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. 8072.0304. 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. 8072.0305. 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	Sec. 8072.0306. DIVISION OF DISTRICT. (a) The district may
126	126	be divided into two or more new districts only if the district:
127	127	(1) has no outstanding bonded debt; and
128	128	(2) is not imposing ad valorem taxes.
129	129	(b) This chapter applies to any new district created by the
130	130	division of the district, and a new district has all the powers and
131	131	duties of the district.
132	132	(c) Any new district created by the division of the district
133	133	may not, at the time the new district is created, contain any land
134	134	outside the area described by Section 2 of the Act enacting this
135	135	chapter.
136	136	(d) The board, on its own motion or on receipt of a petition
137	137	signed by the owner or owners of a majority of the assessed value of
138	138	the real property in the district, may adopt an order dividing the
139	139	district.
140	140	(e) The board may adopt an order dividing the district
141	141	before or after the date the board holds an election under Section
142	142	8072.0103 to confirm the creation of the district.
143	143	(f) An order dividing the district shall:
144	144	(1) name each new district;
145	145	(2) include the metes and bounds description of the
146	146	territory of each new district;
147	147	(3) appoint temporary directors for each new district;
148	148	and
149	149	(4) provide for the division of assets and liabilities
150	150	between or among the new districts.
151	151	(g) On or before the 30th day after the date of adoption of
152	152	an order dividing the district, the district shall file the order
153	153	with the commission and record the order in the real property
154	154	records of each county in which the district is located.
155	155	(h) Any new district created by the division of the district
156	156	shall hold a confirmation and directors' election as required by
157	157	Section 8072.0103.
158	158	(i) Municipal consent to the creation of the district and to
159	159	the inclusion of land in the district granted under Section
160	160	8072.0104 acts as municipal consent to the creation of any new
161	161	district created by the division of the district and to the
162	162	inclusion of land in the new district.
163	163	(j) Any new district created by the division of the district
164	164	must hold an election as required by this chapter to obtain voter
165	165	approval before the district may impose a maintenance tax or issue
166	166	bonds payable wholly or partly from ad valorem taxes.
167	167	(k) If the creation of the new district is confirmed, the
168	168	new district shall provide the election date and results to the
169	169	commission.
170	170	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
171	171	Sec. 8072.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
172	172	The district may issue, without an election, bonds and other
173	173	obligations secured by:
174	174	(1) revenue other than ad valorem taxes; or
175	175	(2) contract payments described by Section 8072.0403.
176	176	(b) The district must hold an election in the manner
177	177	provided by Chapters 49 and 54, Water Code, to obtain voter approval
178	178	before the district may impose an ad valorem tax or issue bonds
179	179	payable from ad valorem taxes.
180	180	(c) The district may not issue bonds payable from ad valorem
181	181	taxes to finance a road project unless the issuance is approved by a
182	182	vote of a two-thirds majority of the district voters voting at an
183	183	election held for that purpose.
184	184	Sec. 8072.0402. OPERATION AND MAINTENANCE TAX. (a) If
185	185	authorized at an election held under Section 8072.0401, the
186	186	district may impose an operation and maintenance tax on taxable
187	187	property in the district in accordance with Section 49.107, Water
188	188	Code.
189	189	(b) The board shall determine the tax rate. The rate may not
190	190	exceed the rate approved at the election.
191	191	Sec. 8072.0403. CONTRACT TAXES. (a) In accordance with
192	192	Section 49.108, Water Code, the district may impose a tax other than
193	193	an operation and maintenance tax and use the revenue derived from
194	194	the tax to make payments under a contract after the provisions of
195	195	the contract have been approved by a majority of the district voters
196	196	voting at an election held for that purpose.
197	197	(b) A contract approved by the district voters may contain a
198	198	provision stating that the contract may be modified or amended by
199	199	the board without further voter approval.
200	200	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
201	201	Sec. 8072.0501. AUTHORITY TO ISSUE BONDS AND OTHER
202	202	OBLIGATIONS. The district may issue bonds or other obligations
203	203	payable wholly or partly from ad valorem taxes, impact fees,
204	204	revenue, contract payments, grants, or other district money, or any
205	205	combination of those sources, to pay for any authorized district
206	206	purpose.
207	207	Sec. 8072.0502. TAXES FOR BONDS. At the time the district
208	208	issues bonds payable wholly or partly from ad valorem taxes, the
209	209	board shall provide for the annual imposition of a continuing
210	210	direct ad valorem tax, without limit as to rate or amount, while all
211	211	or part of the bonds are outstanding as required and in the manner
212	212	provided by Sections 54.601 and 54.602, Water Code.
213	213	Sec. 8072.0503. BONDS FOR ROAD PROJECTS. At the time of
214	214	issuance, the total principal amount of bonds or other obligations
215	215	issued or incurred to finance road projects and payable from ad
216	216	valorem taxes may not exceed one-fourth of the assessed value of the
217	217	real property in the district.
218	218	SECTION 2. The Fort Bend County Municipal Utility District
219	219	No. 238 initially includes all the territory contained in the
220	220	following area:
221	221	Tract 1:
222	222	A Field Note Description of 465 Acres of Land, more or less,
223	223	being in the B.B.B. & C. Railroad Company Survey, Abstract No. 134;
224	224	Yandell Ferris Survey, Abstract No. 372; Griffin Wilgus Survey,
225	225	Abstract No. 381 and Griffin Wilgus Survey, Abstract No. 382; Fort
226	226	Bend County, Texas.
227	227	Beginning at the Southeast corner of said Yandell Ferris
228	228	Survey, Abstract No. 372; said corner being in the North line of the
229	229	Yandell Ferris Survey Abstract No. 374 and being the Southwest
230	230	corner of the B.B.B. & C. Railroad Company Survey, Abstract No. 134
231	231	and being at the intersection of Robinowitz No. 1 Road and Randon
232	232	Dyer Road; said corner marking the Southerly Southeast corner of
233	233	and place of beginning of this tract;
234	234	THENCE, South 84deg. West, 3799 feet, more or less, along the
235	235	South line of said Yandell Ferris Survey, Abstract No. 372 and
236	236	North line of said Yandell Ferris Survey, Abstract No. 374 to a
237	237	point in the City of Rosenberg Extra-Territorial Jurisdiction Line
238	238	and marking the Southerly Southwest corner of this tract;
239	239	THENCE, North 00deg.30' East, 1424 feet, more or less, along
240	240	said City of Rosenberg Extra-Territorial Jurisdiction Line to a
241	241	point for corner on the City of Rosenberg Extra-Territorial
242	242	Jurisdiction 5280 foot Radius Line for corner;
243	243	THENCE, North 57deg.West (Chord Bearing), 1156 feet, more or
244	244	less, along said City of Rosenberg Extra-Territorial Jurisdiction
245	245	5280 foot Radius curve to the right to a point in the Westerly line
246	246	of said Yandell Ferris Survey, Abstract No. 372 and East line of the
247	247	Yandell Ferris Survey, Abstract No. 373 for the Northerly
248	248	Southwest corner of this tract;
249	249	THENCE, North 00deg.30' West, 1160 feet, more or less, along
250	250	said West line of the said Yandell Ferris Survey, Abstract No. 372
251	251	and East line of said Yandell Ferris Survey, Abstract No. 373 and
252	252	also in the East Line of the B.B.B. & C. Railroad Company Survey
253	253	No. 21, Abstract No. 136 to the Southwest corner of the said
254	254	Griffin Wilgus Survey, Abstract No. 381 and marking the Westerly
255	255	Northwest corner for this tract;
256	256	THENCE, South 89deg. East, 2047 feet, more or less, along a
257	257	North line of said Yandell Ferris Survey, Abstract No. 372 and
258	258	South line of said Griffin Wilgus Survey, Abstract No. 381 to a
259	259	point marking the Southwest corner of the Ivy Moore Morrison Heirs,
260	260	Ltd. call 17.878 Acre Tract and a re-entrant corner of this tract;
261	261	THENCE, North, 2325.5 feet, more or less, along the West line
262	262	of said Ivy Moore Morrison Heirs, Ltd. 17.878 Acre Tract to a point
263	263	in the City of Rosenberg Annex #58-116.91 Acres dated 07/08/1997
264	264	marking the Northerly Northwest corner for this tract;
265	265	THENCE, South 71deg. East, 1536.9 feet, more or less, along
266	266	the City of Rosenberg City Limits Line to an angle point;
267	267	THENCE, Continuing South 74deg. East. 1251 feet, more or
268	268	less, along said City of Rosenberg City Limits Line to a point in
269	269	the East line of said Griffin Wilgus Survey, Abstract No. 382 and
270	270	the center of said Randon Dyer Road marking the Northerly Northeast
271	271	corner for this tract;
272	272	THENCE, South, 740 feet, more or less, along said Griffin
273	273	Wilgus Survey, Abstract No. 382 and the center of said Randon Dyer
274	274	Road to a point for corner;
275	275	THENCE, East, 1407 feet, more or less, along the North line of
276	276	said B.B.B. & C. Railroad Company Survey, Abstract 134 and along the
277	277	North line of the Wade McNeill Exempt Unitrust 97 Acre Tract, more
278	278	or less, (FBC 1999005774) to a point in said City of Rosenberg City
279	279	Limits Line (Annex #54-186.69 Acres 03/12/1997) marking the
280	280	Easterly Northeast corner of this tract;
281	281	THENCE, South, 1889 feet, more or less, along said City of
282	282	Rosenberg City Limits Line to the Southeast corner of this tract
283	283	being in the South line of said Wade McNeill Unitrust Tract and the
284	284	North line of the Robert Cortez, Jr. Tracts to a point marking the
285	285	Easterly Southeast corner of this tract;
286	286	THENCE, West, 1364 feet, more or less, along said South line
287	287	of said Wade McNeill Unitrust Tract and the North line of said
288	288	Robert Cortez, Jr. Tracts to a point in said Randon Dyer Road
289	289	marking a re-entrant corner for this tract;
290	290	THENCE, South, 1632 feet, more or less, along the center of
291	291	said Randon Dyer Road and along the East line of said Yandell Ferris
292	292	Survey, Abstract 372 and West line of said B.B.B. & C. Railroad
293	293	Company Survey, Abstract No. 134 to the place of beginning and
294	294	containing 465 Acres of Land, more or less.
295	295	Tract 2:
296	296	A Field Note Description of 240 Acres of Land, more or less,
297	297	in the Yandell Ferris Survey, Abstract No. 374, Fort Bend County,
298	298	Texas.
299	299	Beginning at a point in the North line of the G.H. & S.A.
300	300	Railroad at its intersection with the West line of said Yandell
301	301	Ferris Survey, Abstract No. 374 and East line of the B.B.B. & C.
302	302	Railroad Company Survey No. 23, Abstract No. 137 and marking the
303	303	Southwest corner of and place of beginning of this tract;
304	304	THENCE, North 06deg.30' West, 3960 feet, more or less, along
305	305	the East line of said B.B.B. & C. Railroad Company Survey No. 23,
306	306	Abstract No. 137 in the West line of said Yandell Ferris Survey,
307	307	Abstract No. 374 to the Southwest corner of the George F. Bergen
308	308	Tract and Northwest corner for this tract;
309	309	THENCE, North 83deg.30' East, 2640 feet, more or less, along
310	310	the South line of the George F. Bergen and Michael Wayne Bergen
311	311	total 80 Acre Tract (see Volume 117, Page 511; Deed Records) to a
312	312	point marking the Northeast corner for this tract;
313	313	THENCE, South 06deg.30' East, 3960 feet, more or less, to a
314	314	point marking the Southeast corner for this tract;
315	315	THENCE, South 83deg.30' West, 2640 feet, more or less, along
316	316	the North right-of-way line of said G.H. & S.A. Railroad to the
317	317	place of beginning and containing 240 Acres of Land, more or less.
318	318	SECTION 3. (a) The legal notice of the intention to
319	319	introduce this Act, setting forth the general substance of this
320	320	Act, has been published as provided by law, and the notice and a
321	321	copy of this Act have been furnished to all persons, agencies,
322	322	officials, or entities to which they are required to be furnished
323	323	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
324	324	Government Code.
325	325	(b) The governor, one of the required recipients, has
326	326	submitted the notice and Act to the Texas Commission on
327	327	Environmental Quality.
328	328	(c) The Texas Commission on Environmental Quality has filed
329	329	its recommendations relating to this Act with the governor, the
330	330	lieutenant governor, and the speaker of the house of
331	331	representatives within the required time.
332	332	(d) All requirements of the constitution and laws of this
333	333	state and the rules and procedures of the legislature with respect
334	334	to the notice, introduction, and passage of this Act are fulfilled
335	335	and accomplished.
336	336	SECTION 4. (a) If this Act does not receive a two-thirds
337	337	vote of all the members elected to each house, Subchapter C, Chapter
338	338	8072, Special District Local Laws Code, as added by Section 1 of
339	339	this Act, is amended by adding Section 8072.0307 to read as follows:
340	340	Sec. 8072.0307. NO EMINENT DOMAIN POWER. The district may
341	341	not exercise the power of eminent domain.
342	342	(b) This section is not intended to be an expression of a
343	343	legislative interpretation of the requirements of Section 17(c),
344	344	Article I, Texas Constitution.
345	345	SECTION 5. This Act takes effect immediately if it receives
346	346	a vote of two-thirds of all the members elected to each house, as
347	347	provided by Section 39, Article III, Texas Constitution. If this
348	348	Act does not receive the vote necessary for immediate effect, this
349	349	Act takes effect September 1, 2019.