Texas 2021 - 87th Regular

Texas House Bill HB4583 Compare Versions

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Version 2 (New)

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1		-	By: Stephenson (Senate Sponsor - Kolkhorst) H.B. No. 4583
2		-	(In the Senate - Received from the House May 10, 2021;
3		-	May 10, 2021, read first time and referred to Committee on Local
4		-	Government; May 24, 2021, reported adversely, with favorable
5		-	Committee Substitute by the following vote: Yeas 8, Nays 0;
6		-	May 24, 2021, sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR H.B. No. 4583 By: Hall
	1	+	87R9405 SGM-F
	2	+	By: Stephenson H.B. No. 4583
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to the creation of the Fort Bend County Municipal Utility
14	8		District No. 232; granting a limited power of eminent domain;
15	9		providing authority to issue bonds; providing authority to impose
16	10		fees and taxes.
17	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
18	12		SECTION 1. Subtitle F, Title 6, Special District Local Laws
19	13		Code, is amended by adding Chapter 7907A to read as follows:
20	14		CHAPTER 7907A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO.
21	15		232
22	16		SUBCHAPTER A. GENERAL PROVISIONS
23	17		Sec. 7907A.0101. DEFINITIONS. In this chapter:
24	18		(1) "Board" means the district's board of directors.
25	19		(2) "Commission" means the Texas Commission on
26	20		Environmental Quality.
27	21		(3) "Director" means a board member.
28	22		(4) "District" means the Fort Bend County Municipal
29	23		Utility District No. 232.
30	24		Sec. 7907A.0102. NATURE OF DISTRICT. The district is a
31	25		municipal utility district created under Section 59, Article XVI,
32	26		Texas Constitution.
33	27		Sec. 7907A.0103. CONFIRMATION AND DIRECTOR ELECTION
34	28		REQUIRED. The temporary directors shall hold an election to
35	29		confirm the creation of the district and to elect five permanent
36	30		directors as provided by Section 49.102, Water Code.
37	31		Sec. 7907A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
38	32		temporary directors may not hold an election under Section
39	33		7907A.0103 until each municipality in whose corporate limits or
40	34		extraterritorial jurisdiction the district is located has
41	35		consented by ordinance or resolution to the creation of the
42	36		district and to the inclusion of land in the district.
43	37		Sec. 7907A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
44	38		(a) The district is created to serve a public purpose and benefit.
45	39		(b) The district is created to accomplish the purposes of:
46	40		(1) a municipal utility district as provided by
47	41		general law and Section 59, Article XVI, Texas Constitution; and
48	42		(2) Section 52, Article III, Texas Constitution, that
49	43		relate to the construction, acquisition, improvement, operation,
50	44		or maintenance of macadamized, graveled, or paved roads, or
51	45		improvements, including storm drainage, in aid of those roads.
52	46		Sec. 7907A.0106. INITIAL DISTRICT TERRITORY. (a) The
53	47		district is initially composed of the territory described by
54	48		Section 2 of the Act enacting this chapter.
55	49		(b) The boundaries and field notes contained in Section 2 of
56	50		the Act enacting this chapter form a closure. A mistake made in the
57	51		field notes or in copying the field notes in the legislative process
58	52		does not affect the district's:
59	53		(1) organization, existence, or validity;
60	54		(2) right to issue any type of bond for the purposes
61	55		for which the district is created or to pay the principal of and
62	56		interest on a bond;
63	57		(3) right to impose a tax; or
64	58		(4) legality or operation.
65	59		SUBCHAPTER B. BOARD OF DIRECTORS
66	60		Sec. 7907A.0201. GOVERNING BODY; TERMS. (a) The district
67	61		is governed by a board of five elected directors.
68	62		(b) Except as provided by Section 7907A.0202, directors
69	63		serve staggered four-year terms.
70	64		Sec. 7907A.0202. TEMPORARY DIRECTORS. (a) On or after the
71	65		effective date of the Act enacting this chapter, the owner or owners
72	66		of a majority of the assessed value of the real property in the
73	67		district may submit a petition to the commission requesting that
74	68		the commission appoint as temporary directors the five persons
75	69		named in the petition. The commission shall appoint as temporary
76	70		directors the five persons named in the petition.
77	71		(b) Temporary directors serve until the earlier of:
78	72		(1) the date permanent directors are elected under
79	73		Section 7907A.0103; or
80	74		(2) the fourth anniversary of the effective date of
81	75		the Act enacting this chapter.
82	76		(c) If permanent directors have not been elected under
83	77		Section 7907A.0103 and the terms of the temporary directors have
84	78		expired, successor temporary directors shall be appointed or
85	79		reappointed as provided by Subsection (d) to serve terms that
86	80		expire on the earlier of:
87	81		(1) the date permanent directors are elected under
88	82		Section 7907A.0103; or
89	83		(2) the fourth anniversary of the date of the
90	84		appointment or reappointment.
91	85		(d) If Subsection (c) applies, the owner or owners of a
92	86		majority of the assessed value of the real property in the district
93	87		may submit a petition to the commission requesting that the
94	88		commission appoint as successor temporary directors the five
95	89		persons named in the petition. The commission shall appoint as
96	90		successor temporary directors the five persons named in the
97	91		petition.
	92	+	Sec. 7907A.0203. DESIGNATED BOARD MEETING LOCATION. (a)
	93	+	The board shall designate a meeting place inside the district for
	94	+	conducting the meetings of the board. The meeting place designated
	95	+	may be a private residence or office, provided that, in the order
	96	+	designating the meeting place, the board declares the place where
	97	+	the meeting is held to be a public place and invites the public to
	98	+	attend any meeting of the board held in that place.
	99	+	(b) If the board establishes that no suitable place exists
	100	+	for meeting inside the district, the board may designate a meeting
	101	+	place outside the district. The board shall give notice of the
	102	+	location of a meeting place outside the district by:
	103	+	(1) filing a copy of the resolution designating the
	104	+	location and a justification of why the meeting will not be held in
	105	+	the district or within 10 miles of the boundary of the district, if
	106	+	applicable, with the commission; and
	107	+	(2) publishing notice of the location in a newspaper
	108	+	of general circulation in the district.
	109	+	(c) If the board changes the location of a meeting place
	110	+	outside the district, the board shall give notice of the change in
	111	+	the manner described by Subsection (b).
98	112		SUBCHAPTER C. POWERS AND DUTIES
99	113		Sec. 7907A.0301. GENERAL POWERS AND DUTIES. The district
100	114		has the powers and duties necessary to accomplish the purposes for
101	115		which the district is created.
102	116		Sec. 7907A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
103	117		DUTIES. The district has the powers and duties provided by the
104	118		general law of this state, including Chapters 49 and 54, Water Code,
105	119		applicable to municipal utility districts created under Section 59,
106	120		Article XVI, Texas Constitution.
107	121		Sec. 7907A.0303. AUTHORITY FOR ROAD PROJECTS. Under
108	122		Section 52, Article III, Texas Constitution, the district may
109	123		design, acquire, construct, finance, issue bonds for, improve,
110	124		operate, maintain, and convey to this state, a county, or a
111	125		municipality for operation and maintenance macadamized, graveled,
112	126		or paved roads, or improvements, including storm drainage, in aid
113	127		of those roads.
114	128		Sec. 7907A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
115	129		road project must meet all applicable construction standards,
116	130		zoning and subdivision requirements, and regulations of each
117	131		municipality in whose corporate limits or extraterritorial
118	132		jurisdiction the road project is located.
119	133		(b) If a road project is not located in the corporate limits
120	134		or extraterritorial jurisdiction of a municipality, the road
121	135		project must meet all applicable construction standards,
122	136		subdivision requirements, and regulations of each county in which
123	137		the road project is located.
124	138		(c) If the state will maintain and operate the road, the
125	139		Texas Transportation Commission must approve the plans and
126	140		specifications of the road project.
127	141		Sec. 7907A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
128	142		ORDINANCE OR RESOLUTION. The district shall comply with all
129	143		applicable requirements of any ordinance or resolution that is
130	144		adopted under Section 54.016 or 54.0165, Water Code, and that
131	145		consents to the creation of the district or to the inclusion of land
132	146		in the district.
133	147		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
134	148		Sec. 7907A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
135	149		The district may issue, without an election, bonds and other
136	150		obligations secured by:
137	151		(1) revenue other than ad valorem taxes; or
138	152		(2) contract payments described by Section
139	153		7907A.0403.
140	154		(b) The district must hold an election in the manner
141	155		provided by Chapters 49 and 54, Water Code, to obtain voter approval
142	156		before the district may impose an ad valorem tax or issue bonds
143	157		payable from ad valorem taxes.
144	158		(c) The district may not issue bonds payable from ad valorem
145	159		taxes to finance a road project unless the issuance is approved by a
146	160		vote of a two-thirds majority of the district voters voting at an
147	161		election held for that purpose.
148	162		Sec. 7907A.0402. OPERATION AND MAINTENANCE TAX. (a) If
149	163		authorized at an election held under Section 7907A.0401, the
150	164		district may impose an operation and maintenance tax on taxable
151	165		property in the district in accordance with Section 49.107, Water
152	166		Code.
153	167		(b) The board shall determine the tax rate. The rate may not
154	168		exceed the rate approved at the election.
155	169		Sec. 7907A.0403. CONTRACT TAXES. (a) In accordance with
156	170		Section 49.108, Water Code, the district may impose a tax other than
157	171		an operation and maintenance tax and use the revenue derived from
158	172		the tax to make payments under a contract after the provisions of
159	173		the contract have been approved by a majority of the district voters
160	174		voting at an election held for that purpose.
161	175		(b) A contract approved by the district voters may contain a
162	176		provision stating that the contract may be modified or amended by
163	177		the board without further voter approval.
164	178		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
165	179		Sec. 7907A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
166	180		OBLIGATIONS. The district may issue bonds or other obligations
167	181		payable wholly or partly from ad valorem taxes, impact fees,
168	182		revenue, contract payments, grants, or other district money, or any
169	183		combination of those sources, to pay for any authorized district
170	184		purpose.
171	185		Sec. 7907A.0502. TAXES FOR BONDS. At the time the district
172	186		issues bonds payable wholly or partly from ad valorem taxes, the
173	187		board shall provide for the annual imposition of a continuing
174	188		direct ad valorem tax, without limit as to rate or amount, while all
175	189		or part of the bonds are outstanding as required and in the manner
176	190		provided by Sections 54.601 and 54.602, Water Code.
177	191		Sec. 7907A.0503. BONDS FOR ROAD PROJECTS. At the time of
178	192		issuance, the total principal amount of bonds or other obligations
179	193		issued or incurred to finance road projects and payable from ad
180	194		valorem taxes may not exceed one-fourth of the assessed value of the
181	195		real property in the district.
182	196		SECTION 2. The Fort Bend County Municipal Utility District
183	197		No. 232 initially includes all the territory contained in the
184	198		following area:
185	199		Being a 100.5 acre tract of land located in the R.H. Earnest
186	200		Survey, A-388, said 100.5 acre tract being all of a called 100.5
187	201		acre tract of land conveyed to Jason Noah and Benjamin Adam Danziger
188	202		in Clerk’s File No. 2012117049 of the Official Public Records of
189	203		Fort Bend County, Texas (O.R.F.B.C.); said 100.5 acre tract being
190	204		more particularly described by metes and bounds as follows: (All
191	205		bearings reference to the Texas State Plane Coordinate System,
192	206		South Central Zone).
193	207		COMMENCING at a 1-1/4” iron pipe found for the east corner of a
194	208		called 55.048 acre tract described in the deed to LGI Homes-Sunrise
195	209		Meadow, LTD. in Clerk’s File No. 2005048299 of the O.R.F.B.C.,
196	210		common to the south corner of a called 136.6 acre tract described in
197	211		the deed to Sabas Cortez in Volume 216, Page 322, of the Deed
198	212		Records of Fort Bend County, Texas;
199	213		Thence North 47° 56' 48" West – 2,057.42’ along the north line of
200	214		said 55.048 acre tract, the north line of a called 55.06295 acre
201	215		tract described in the deed to Bruce Mahlmann in Clerk’s File No.
202	216		9780631 of the O.R.F.B.C. and the northwest line of a called 89.24
203	217		acre tract described in the deed to R. W. Lindsey in Volume 469,
204	218		Page 284, of the Deed Records of Fort Bend County, Texas, common to
205	219		the southwest line of said 136.6 acre tract, to a 3/4" iron rod set
206	220		for the south corner and POINT OF BEGINNING of the herein described
207	221		tract, common to the south corner of said 100.5 acre tract and the
208	222		west corner of said 136.6 acre tract, from which a found 1-1/4” iron
209	223		pip bears North 23° 51' 01" East - 0.71’;
210	224		THENCE North 47° 56' 48" West – 1,522.95’ (called North 44° 48' 38"
211	225		West), along the southwest line of said 100.5 acre tract, common to
212	226		the northeast line of said 89.24 acre tract and the northeast line
213	227		of a called 89.011 acre tract described in the deed to Paul Nelson
214	228		Danzinger recorded in Clerk’s File No. 200125881 of the O.R.F.B.C.,
215	229		to the west corner of the herein described tract, common to the west
216	230		corner of said 100.5 acre tract and the south corner of a called
217	231		17.99 acre tract described in the deed to Willie Drabek recorded in
218	232		Volume 1011, Page 841, of the Deed Records of Fort Bend County,
219	233		Texas, from which a found 3/4" iron pipe bears South 42° 01' 12" West –
220	234		0.35’
221	235		THENCE North 42° 01' 12" East – 2,871.04’ (called North 45° 11' 37"
222	236		East), along the northwest line of said 100.5 acre tract, common to
223	237		the southeast line of said 17.99 acre tract, at 2,210.59’ passing a
224	238		found 1” iron pipe (in concrete) on the south side of Koeblen Road,
225	239		continuing in Koeblen Road to a 1/2" iron pipe found for the north
226	240		corner of said 100.5 acre tract in Koeblen Road;
227	241		THENCE South 48° 10' 25" East – 1,524.25’ (called South 45° 00'
228	242		East), along the northeast line of said 100.5 acre tract in Koeblen
229	243		Road to a PK nail found for the east corner of the herein described
230	244		tract;
231	245		THENCE South 42° 02' 45” West – 2,877.08’ (called South 45° 13' 10”
232	246		West – 2,876.08’) along the northeast line of said 100.5 acre tract,
233	247		at 31.70’ passing a 5/8” steel rod, continuing to the POINT OF
234	248		BEGINNING of the herein described tract and containing 100.5 acres
235	249		of land, more or less.
236	250		SECTION 3. (a) The legal notice of the intention to
237	251		introduce this Act, setting forth the general substance of this
238	252		Act, has been published as provided by law, and the notice and a
239	253		copy of this Act have been furnished to all persons, agencies,
240	254		officials, or entities to which they are required to be furnished
241	255		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
242	256		Government Code.
243	257		(b) The governor, one of the required recipients, has
244	258		submitted the notice and Act to the Texas Commission on
245	259		Environmental Quality.
246	260		(c) The Texas Commission on Environmental Quality has filed
247	261		its recommendations relating to this Act with the governor, the
248	262		lieutenant governor, and the speaker of the house of
249	263		representatives within the required time.
250	264		(d) All requirements of the constitution and laws of this
251	265		state and the rules and procedures of the legislature with respect
252	266		to the notice, introduction, and passage of this Act are fulfilled
253	267		and accomplished.
254	268		SECTION 4. (a) If this Act does not receive a two-thirds
255	269		vote of all the members elected to each house, Subchapter C, Chapter
256	270		7907A, Special District Local Laws Code, as added by Section 1 of
257	271		this Act, is amended by adding Section 7907A.0306 to read as
258	272		follows:
259	273		Sec. 7907A.0306. NO EMINENT DOMAIN POWER. The district may
260	274		not exercise the power of eminent domain.
261	275		(b) This section is not intended to be an expression of a
262	276		legislative interpretation of the requirements of Section 17(c),
263	277		Article I, Texas Constitution.
264	278		SECTION 5. This Act takes effect immediately if it receives
265	279		a vote of two-thirds of all the members elected to each house, as
266	280		provided by Section 39, Article III, Texas Constitution. If this
267	281		Act does not receive the vote necessary for immediate effect, this
268	282		Act takes effect September 1, 2021.
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