Texas 2019 - 86th Regular

Texas Senate Bill SB2533 Compare Versions

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

Old	New	Differences
1	1	86R19250 GRM-F
2	2	By: Kolkhorst S.B. No. 2533
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. 242; 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 7900 to read as follows:
14	14	CHAPTER 7900. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 242
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7900.0101. 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. 242.
23	23	Sec. 7900.0102. 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. 7900.0103. 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. 7900.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	7900.0103 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. 7900.0105. 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. 7900.0106. 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. 7900.0201. 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 7900.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 7900.0202. 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 7900.0103; 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 7900.0103 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 7900.0103; 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. 7900.0301. 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. 7900.0302. 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. 7900.0303. 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. 7900.0304. 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. 7900.0305. 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. 7900.0401. 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 7900.0403.
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. 7900.0402. OPERATION AND MAINTENANCE TAX. (a) If
140	140	authorized at an election held under Section 7900.0401, 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. 7900.0403. 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. 7900.0501. 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. 7900.0502. 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. 7900.0503. 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. 242 initially includes all the territory contained in the
175	175	following area:
176	176	FIELD NOTES of a 237.293 acre tract of land situated in the
177	177	H.&T.C. RR. Co. Survey, Block 28, Sec. 28, Abstract No. 465, and the
178	178	H.&T.C. RR. Co. Survey, Block 28, Sec. 28, Abstract No. 723 Fort
179	179	Bend County, Texas; said 237.293 acre tract of land being all of a
180	180	called 237.293 acre tract as conveyed to Fairchild Creek Estates,
181	181	LP recorded under Fort Bend County Clerk's File Number (F.B.C.C.F.
182	182	No.) 2000063356; said 237.293 acre tract of land being more
183	183	particularly described by metes and bounds as follows:
184	184	NOTE: All bearings are based upon Land Title Survey produced
185	185	by Kelly R Kaluza and Associates, Inc. signed by C. Tim Griffith
186	186	(RPLS No. 4349) dated September 8, 2005.
187	187	BEGINNING at a point in the centerline of Jeske Road (having a
188	188	width of 60 feet) and being the most easterly southeast corner of
189	189	the said called 237.293 acre tract and the herein described tract;
190	190	THENCE S 45°04'49" W, departing the centerline of said Jeske
191	191	Road and along the south easterly line of said 237.293 acre tract
192	192	and the herein described tract, passing at a distance of 30.00 feet
193	193	the southwesterly Right-Of-Way (R.O.W.) line of said Jeske Road,
194	194	continuing a total distance of 2,644.40 feet, to the most southerly
195	195	corner of said 237.293 acre tract and the herein described tract;
196	196	THENCE N 44°55'11" W, along the southwesterly line of said
197	197	237.293 acre tract, a distance of 3,970.38 feet, to the northwest
198	198	corner of said 237.293 acre tract and the herein described tract;
199	199	THENCE N 44°38'41" E, along the northwesterly line of said
200	200	237.293 acre tract and the herein described tract, passing at a
201	201	distance of 2,608.89 feet the southwesterly R.O.W. line of said
202	202	Jeske Road, continuing a total distance of 2,638.89 feet, to the
203	203	centerline of said Jeske Road and the most northerly corner of said
204	204	called 237.293 acre tract and the herein described tract;
205	205	THENCE along the east line of said 237.293 acre tract the
206	206	following nine (9) courses and distances:
207	207	S 45°00'00" E, a distance of 1,135.64 feet, to an angle in the
208	208	east line of the herein described tract;
209	209	S 45°00'00" W, a distance of 465.60 feet, to an angle in the
210	210	east line of the herein described tract;
211	211	S 45°00'00" E, a distance of 200.00 feet, to an angle in the
212	212	east line of the herein described tract;
213	213	N 45°00'00" E, a distance of 465.60 feet, to an angle in the
214	214	east line of the herein described tract;
215	215	S 45°00'00" E, a distance of 1,022.48 feet, to an angle in the
216	216	east line of the herein described tract;
217	217	S 44°30'00" W, a distance of 297.93 feet, to an angle in the
218	218	east line of the herein described tract;
219	219	S 45°00'00" E, a distance of 285.64 feet, to an angle in the
220	220	east line of the herein described tract;
221	221	N 44°30'00" E, a distance of 297.93 feet, to an angle in the
222	222	east line of the herein described tract;
223	223	THENCE S 45°00'00" E, a distance of 1,346.68 feet, to the
224	224	PLACE OF BEGINNING; containing within said boundaries a calculated
225	225	area of 237.293 acres of land.
226	226	SECTION 3. (a) The legal notice of the intention to
227	227	introduce this Act, setting forth the general substance of this
228	228	Act, has been published as provided by law, and the notice and a
229	229	copy of this Act have been furnished to all persons, agencies,
230	230	officials, or entities to which they are required to be furnished
231	231	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
232	232	Government Code.
233	233	(b) The governor, one of the required recipients, has
234	234	submitted the notice and Act to the Texas Commission on
235	235	Environmental Quality.
236	236	(c) The Texas Commission on Environmental Quality has filed
237	237	its recommendations relating to this Act with the governor, the
238	238	lieutenant governor, and the speaker of the house of
239	239	representatives within the required time.
240	240	(d) All requirements of the constitution and laws of this
241	241	state and the rules and procedures of the legislature with respect
242	242	to the notice, introduction, and passage of this Act are fulfilled
243	243	and accomplished.
244	244	SECTION 4. (a) If this Act does not receive a two-thirds
245	245	vote of all the members elected to each house, Subchapter C, Chapter
246	246	7900, Special District Local Laws Code, as added by Section 1 of
247	247	this Act, is amended by adding Section 7900.0306 to read as follows:
248	248	Sec. 7900.0306. NO EMINENT DOMAIN POWER. The district may
249	249	not exercise the power of eminent domain.
250	250	(b) This section is not intended to be an expression of a
251	251	legislative interpretation of the requirements of Section 17(c),
252	252	Article I, Texas Constitution.
253	253	SECTION 5. This Act takes effect immediately if it receives
254	254	a vote of two-thirds of all the members elected to each house, as
255	255	provided by Section 39, Article III, Texas Constitution. If this
256	256	Act does not receive the vote necessary for immediate effect, this
257	257	Act takes effect September 1, 2019.