Texas 2019 - 86th Regular

Texas Senate Bill SB2512 Compare Versions

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

Old	New	Differences
1	1	86R9353 SLB-F
2	2	By: Kolkhorst S.B. No. 2512
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. 229; 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 8062 to read as follows:
14	14	CHAPTER 8062. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 229
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8062.0101. 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. 229.
23	23	Sec. 8062.0102. 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. 8062.0103. 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. 8062.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	8062.0103 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. 8062.0105. 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. 8062.0106. 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. 8062.0201. 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 8062.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 8062.0202. 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 8062.0103; 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 8062.0103 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 8062.0103; 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. 8062.0301. 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. 8062.0302. 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. 8062.0303. 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. 8062.0304. 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. 8062.0305. 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. 8062.0401. 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 8062.0403.
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. 8062.0402. OPERATION AND MAINTENANCE TAX. (a) If
140	140	authorized at an election held under Section 8062.0401, 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. 8062.0403. 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. 8062.0501. 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. 8062.0502. 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. 8062.0503. 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. 229 initially includes all the territory contained in the
175	175	following area:
176	176	Being a 437.6585 acre tract of land located in the John Foster
177	177	2-1/2 League, A-26, Fort Bend County, Texas; said 437.6585 acre
178	178	tract being all of a called 200.00-acre tract of land (Tract I), the
179	179	remainder of a called 250.000-acre tract of land (Tract II) both
180	180	conveyed to Houston Nursery LLC in Clerk's File Number 2011031940
181	181	of the Official Records of Fort Bend County (O.R.F.B.C.) and a
182	182	portion of FM 359 (80-feet wide) recorded in Volume 243, Page 137 of
183	183	the Fort Bend County Deed Records (F.B.C.D.R.); said 437.6585 acre
184	184	tract being more particularly described by metes and bounds as
185	185	follows (all bearings are referenced to the south line of said
186	186	200.00-acre tract):
187	187	Beginning at the southeast corner of said 200.00-acre tract
188	188	and the northeast corner of a call 137.0556-acre tract of land
189	189	recorded in Clerk's File number 9681280 of the O.R.F.B.C., same
190	190	being on the west right-of-way (R.O.W.) line of said FM 359;
191	191	1. Thence, with the common line of said 200.00-acre tract
192	192	and said 137.0556-acre tract, South 89 degrees 44 minutes 42
193	193	seconds West, a distance of 2,600.24 feet to the southwest corner of
194	194	said 200.00-acre tract and the northwest corner of said
195	195	137.0556-acre tract, same being on the east line of a call
196	196	339.60-acre tract of land recorded in Clerk's File Number
197	197	2017112484 of the O.R.F.B.C.;
198	198	2. Thence, with the common line of said 200.00-acre tract
199	199	and said 339.60-acre tract, North 00 degrees 00 minutes 00 seconds
200	200	East, a distance of 3,392.41 feet to the northwest corner of said
201	201	200.00-acre tract;
202	202	3. Thence, with the north line of said 200.00-acre tract,
203	203	South 89 degrees 53 minutes 50 seconds East, a distance of 397.00
204	204	feet to a westerly line of a call 4.06-acre R.O.W. dedication (Tract
205	205	No. 1, FM 359) recorded in Volume 243, Page 261 of the F.B.C.D.R.;
206	206	4. Thence, with the common line of said 200.00-acre tract
207	207	and said FM 359, South 58 degrees 40 minutes 40 seconds East, a
208	208	distance of 15.40 feet;
209	209	5. Thence, continuing with said common line, South 89
210	210	degrees 56 minutes 07 seconds East, a distance of 1,698.40 feet;
211	211	6. Thence, crossing said FM 359, South 89 degrees 55 minutes
212	212	34 seconds East, a distance of 556.54 feet the northwest corner of
213	213	aforesaid 250.00-acre tract, same being on the south R.O.W. line of
214	214	Gaston Fulshear Road (called 80-feet wide) recorded in Volume 62,
215	215	Page 611 and Volume 458, Page 49 of the F.B.C.D.R.;
216	216	7. Thence, with the common line of said 250.00-acre tract
217	217	and said Gaston Fulshear Road, North 89 degrees 38 minutes 55
218	218	seconds East, a distance of 3,347.28 feet to the northwest corner of
219	219	a call 3.249-acre tract of land recorded in Clerk's File Number
220	220	2007099737 of the O.R.F.B.C.;
221	221	8. Thence, with the west line of said 3.249-acre tract,
222	222	South 00 degrees 00 minutes 43 seconds East, a distance of 391.50
223	223	feet;
224	224	9. Thence, with the south line of said 3.247-acre tract,
225	225	North 89 degrees 38 minutes 55 seconds East, a distance of 361.50
226	226	feet to the west line of a call 6.347-acre tract of land recorded in
227	227	Clerk's File Number 2005058326 of the O.R.F.B.C.;
228	228	10. Thence, with the west line of said 6.347-acre tract,
229	229	South 00 degrees 00 minutes 43 seconds East, a distance of 2,373.30
230	230	feet to the southwest corner of said 6.347-acre tract, same being
231	231	the south line of aforesaid 250.00-acre tract and the north line of
232	232	a call 100.000-acre tract of land recorded in Clerk's File Number
233	233	2005058326 of the O.R.F.B.C.;
234	234	11. Thence, with the south line of said 250.00-acre tract,
235	235	the north line of said 100.000-acre tract, and the north line of a
236	236	call 8.000-acre tract recorded in Clerk's File Number 2013108809 of
237	237	the O.R.F.B.C., South 89 degrees 44 minutes 22 seconds West, at
238	238	3,696.78 feet pass the southwest corner of said 250.00-acre tract
239	239	and the northwest corner of said 100.00 acre tract, same being on
240	240	the east R.O.W. line of aforesaid FM 359, continuing in all a total
241	241	distance of 3776.66 feet to the east line of aforesaid 200.00-acre
242	242	tract, same being the west R.O.W. line of said FM 359;
243	243	12. Thence, with the common line of said 200.00-acre tract
244	244	and said FM 359, South 00 degrees 13 minutes 50 seconds East, a
245	245	distance of 610.26 feet to the Point of Beginning and containing
246	246	437.6585 acres of land.
247	247	SECTION 3. (a) The legal notice of the intention to
248	248	introduce this Act, setting forth the general substance of this
249	249	Act, has been published as provided by law, and the notice and a
250	250	copy of this Act have been furnished to all persons, agencies,
251	251	officials, or entities to which they are required to be furnished
252	252	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
253	253	Government Code.
254	254	(b) The governor, one of the required recipients, has
255	255	submitted the notice and Act to the Texas Commission on
256	256	Environmental Quality.
257	257	(c) The Texas Commission on Environmental Quality has filed
258	258	its recommendations relating to this Act with the governor, the
259	259	lieutenant governor, and the speaker of the house of
260	260	representatives within the required time.
261	261	(d) All requirements of the constitution and laws of this
262	262	state and the rules and procedures of the legislature with respect
263	263	to the notice, introduction, and passage of this Act are fulfilled
264	264	and accomplished.
265	265	SECTION 4. (a) If this Act does not receive a two-thirds
266	266	vote of all the members elected to each house, Subchapter C, Chapter
267	267	8062, Special District Local Laws Code, as added by Section 1 of
268	268	this Act, is amended by adding Section 8062.0306 to read as follows:
269	269	Sec. 8062.0306. NO EMINENT DOMAIN POWER. The district may
270	270	not exercise the power of eminent domain.
271	271	(b) This section is not intended to be an expression of a
272	272	legislative interpretation of the requirements of Section 17(c),
273	273	Article I, Texas Constitution.
274	274	SECTION 5. This Act takes effect immediately if it receives
275	275	a vote of two-thirds of all the members elected to each house, as
276	276	provided by Section 39, Article III, Texas Constitution. If this
277	277	Act does not receive the vote necessary for immediate effect, this
278	278	Act takes effect September 1, 2019.