Texas 2021 - 87th Regular

Texas House Bill HB4616 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4616
	1	+	By: Gates (Senate Sponsor - Kolkhorst) H.B. No. 4616
	2	+	(In the Senate - Received from the House May 17, 2021;
	3	+	May 17, 2021, read first time and referred to Committee on Local
	4	+	Government; May 22, 2021, reported favorably by the following
	5	+	vote: Yeas 6, Nays 0; May 22, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the creation of the Fort Bend County Municipal Utility
6	12		District No. 246; granting a limited power of eminent domain;
7	13		providing authority to issue bonds; providing authority to impose
8	14		assessments, fees, and taxes.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	17		Code, is amended by adding Chapter 7996 to read as follows:
12	18		CHAPTER 7996. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 246
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 7996.0101. DEFINITIONS. In this chapter:
15	21		(1) "Board" means the district's board of directors.
16	22		(2) "Commission" means the Texas Commission on
17	23		Environmental Quality.
18	24		(3) "Director" means a board member.
19	25		(4) "District" means the Fort Bend County Municipal
20	26		Utility District No. 246.
21	27		Sec. 7996.0102. NATURE OF DISTRICT. The district is a
22	28		municipal utility district created under Section 59, Article XVI,
23	29		Texas Constitution.
24	30		Sec. 7996.0103. CONFIRMATION AND DIRECTOR ELECTION
25	31		REQUIRED. The temporary directors shall hold an election to
26	32		confirm the creation of the district and to elect five permanent
27	33		directors as provided by Section 49.102, Water Code.
28	34		Sec. 7996.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section
30	36		7996.0103 until each municipality in whose corporate limits or
31	37		extraterritorial jurisdiction the district is located has
32	38		consented by ordinance or resolution to the creation of the
33	39		district and to the inclusion of land in the district.
34	40		Sec. 7996.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	41		(a) The district is created to serve a public purpose and benefit.
36	42		(b) The district is created to accomplish the purposes of:
37	43		(1) a municipal utility district as provided by
38	44		general law and Section 59, Article XVI, Texas Constitution; and
39	45		(2) Section 52, Article III, Texas Constitution, that
40	46		relate to the construction, acquisition, improvement, operation,
41	47		or maintenance of macadamized, graveled, or paved roads, or
42	48		improvements, including storm drainage, in aid of those roads.
43	49		Sec. 7996.0106. INITIAL DISTRICT TERRITORY. (a) The
44	50		district is initially composed of the territory described by
45	51		Section 2 of the Act enacting this chapter.
46	52		(b) The boundaries and field notes contained in Section 2 of
47	53		the Act enacting this chapter form a closure. A mistake made in the
48	54		field notes or in copying the field notes in the legislative process
49	55		does not affect the district's:
50	56		(1) organization, existence, or validity;
51	57		(2) right to issue any type of bond for the purposes
52	58		for which the district is created or to pay the principal of and
53	59		interest on a bond;
54	60		(3) right to impose a tax; or
55	61		(4) legality or operation.
56	62		SUBCHAPTER B. BOARD OF DIRECTORS
57	63		Sec. 7996.0201. GOVERNING BODY; TERMS. (a) The district is
58	64		governed by a board of five elected directors.
59	65		(b) Except as provided by Section 7996.0202, directors
60	66		serve staggered four-year terms.
61	67		Sec. 7996.0202. TEMPORARY DIRECTORS. (a) The temporary
62	68		board consists of:
63	69		(1) Andrew Chang;
64	70		(2) Lauren Sposato;
65	71		(3) Brian Taton;
66	72		(4) David Pereira; and
67	73		(5) Jason Jacob.
68	74		(b) Temporary directors serve until the earlier of:
69	75		(1) the date permanent directors are elected under
70	76		Section 7996.0103; or
71	77		(2) the fourth anniversary of the effective date of
72	78		the Act enacting this chapter.
73	79		(c) If permanent directors have not been elected under
74	80		Section 7996.0103 and the terms of the temporary directors have
75	81		expired, successor temporary directors shall be appointed or
76	82		reappointed as provided by Subsection (d) to serve terms that
77	83		expire on the earlier of:
78	84		(1) the date permanent directors are elected under
79	85		Section 7996.0103; or
80	86		(2) the fourth anniversary of the date of the
81	87		appointment or reappointment.
82	88		(d) If Subsection (c) applies, the owner or owners of a
83	89		majority of the assessed value of the real property in the district
84	90		may submit a petition to the commission requesting that the
85	91		commission appoint as successor temporary directors the five
86	92		persons named in the petition. The commission shall appoint as
87	93		successor temporary directors the five persons named in the
88	94		petition.
89	95		SUBCHAPTER C. POWERS AND DUTIES
90	96		Sec. 7996.0301. GENERAL POWERS AND DUTIES. The district
91	97		has the powers and duties necessary to accomplish the purposes for
92	98		which the district is created.
93	99		Sec. 7996.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	100		DUTIES. The district has the powers and duties provided by the
95	101		general law of this state, including Chapters 49 and 54, Water Code,
96	102		applicable to municipal utility districts created under Section 59,
97	103		Article XVI, Texas Constitution.
98	104		Sec. 7996.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99	105		52, Article III, Texas Constitution, the district may design,
100	106		acquire, construct, finance, issue bonds for, improve, operate,
101	107		maintain, and convey to this state, a county, or a municipality for
102	108		operation and maintenance macadamized, graveled, or paved roads, or
103	109		improvements, including storm drainage, in aid of those roads.
104	110		Sec. 7996.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	111		road project must meet all applicable construction standards,
106	112		zoning and subdivision requirements, and regulations of each
107	113		municipality in whose corporate limits or extraterritorial
108	114		jurisdiction the road project is located.
109	115		(b) If a road project is not located in the corporate limits
110	116		or extraterritorial jurisdiction of a municipality, the road
111	117		project must meet all applicable construction standards,
112	118		subdivision requirements, and regulations of each county in which
113	119		the road project is located.
114	120		(c) If the state will maintain and operate the road, the
115	121		Texas Transportation Commission must approve the plans and
116	122		specifications of the road project.
117	123		Sec. 7996.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118	124		ORDINANCE OR RESOLUTION. The district shall comply with all
119	125		applicable requirements of any ordinance or resolution that is
120	126		adopted under Section 54.016 or 54.0165, Water Code, and that
121	127		consents to the creation of the district or to the inclusion of land
122	128		in the district.
123	129		Sec. 7996.0306. PUBLIC INFORMATION. (a) The district
124	130		shall maintain an Internet website.
125	131		(b) The board shall make available on the district's
126	132		Internet website the information required under Section 26.18, Tax
127	133		Code.
128	134		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
129	135		Sec. 7996.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
130	136		The district may issue, without an election, bonds and other
131	137		obligations secured by:
132	138		(1) revenue other than ad valorem taxes; or
133	139		(2) contract payments described by Section 7996.0403.
134	140		(b) The district must hold an election in the manner
135	141		provided by Chapters 49 and 54, Water Code, to obtain voter approval
136	142		before the district may impose an ad valorem tax or issue bonds
137	143		payable from ad valorem taxes.
138	144		(c) The district may not issue bonds payable from ad valorem
139	145		taxes to finance a road project unless the issuance is approved by a
140	146		vote of a two-thirds majority of the district voters voting at an
141	147		election held for that purpose.
142	148		Sec. 7996.0402. OPERATION AND MAINTENANCE TAX. (a) If
143	149		authorized at an election held under Section 7996.0401, the
144	150		district may impose an operation and maintenance tax on taxable
145	151		property in the district in accordance with Section 49.107, Water
146	152		Code.
147	153		(b) The board shall determine the tax rate. The rate may not
148	154		exceed the rate approved at the election.
149	155		Sec. 7996.0403. CONTRACT TAXES. (a) In accordance with
150	156		Section 49.108, Water Code, the district may impose a tax other than
151	157		an operation and maintenance tax and use the revenue derived from
152	158		the tax to make payments under a contract after the provisions of
153	159		the contract have been approved by a majority of the district voters
154	160		voting at an election held for that purpose.
155	161		(b) A contract approved by the district voters may contain a
156	162		provision stating that the contract may be modified or amended by
157	163		the board without further voter approval.
158	164		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
159	165		Sec. 7996.0501. AUTHORITY TO ISSUE BONDS AND OTHER
160	166		OBLIGATIONS. The district may issue bonds or other obligations
161	167		payable wholly or partly from ad valorem taxes, impact fees,
162	168		revenue, contract payments, grants, or other district money, or any
163	169		combination of those sources, to pay for any authorized district
164	170		purpose.
165	171		Sec. 7996.0502. TAXES FOR BONDS. At the time the district
166	172		issues bonds payable wholly or partly from ad valorem taxes, the
167	173		board shall provide for the annual imposition of a continuing
168	174		direct ad valorem tax, without limit as to rate or amount, while all
169	175		or part of the bonds are outstanding as required and in the manner
170	176		provided by Sections 54.601 and 54.602, Water Code.
171	177		Sec. 7996.0503. BONDS FOR ROAD PROJECTS. At the time of
172	178		issuance, the total principal amount of bonds or other obligations
173	179		issued or incurred to finance road projects and payable from ad
174	180		valorem taxes may not exceed one-fourth of the assessed value of the
175	181		real property in the district.
176	182		SECTION 2. The Fort Bend County Municipal Utility District
177	183		No. 246 initially includes all the territory contained in the
178	184		following area:
179	185		A METES & BOUNDS description of a 167.7 acre tract of land in the
180	186		John Foster 2-1/2 Leagues Grant, Abstract 26, Fort Bend County,
181	187		Texas, being that certain called 166.17 acre tract recorded under
182	188		County Clerk's File Number 9619091, Official Public Records, Fort
183	189		Bend County, Texas, said called 166.17 acre tract being comprised
184	190		of the residue of a called 190.109 acre tract recorded in Volume
185	191		493, Page 363, Deed Records, Fort Bend County, Texas, a called 1.95
186	192		acre tract recorded in Volume 495, Page 702, Deed Records, Fort Bend
187	193		County, Texas, and the residue of a called 51.9 acre tract recorded
188	194		in Volume 493, Page 395, Deed Records, Fort Bend County, Texas, with
189	195		all bearings based upon the Texas Coordinate System of 1983, South
190	196		Central Zone, based upon GPS observations.
191	197		Beginning at a 1/2 inch iron pipe with cap marked "BGE" found in the
192	198		southwest right-of-way line of F. M. Highway 359 (called 100-feet
193	199		wide) for the east corner of said called 166.17 acre tract, same
194	200		being the north corner of an adjoining called 2.0870 acre tract
195	201		recorded in Volume 2331, Page 261, Official Records, Fort Bend
196	202		County, Texas, for the east corner and Place of Beginning of the
197	203		herein described tract, said point being at the intersection of the
198	204		southwest right-of-way line of F. M. Highway 359 and the northwest
199	205		right-of-way line of Foster Creek Drive, and being in the southwest
200	206		line of an adjoining called 0.246 acre tract in deed to the State of
201	207		Texas recorded in Volume 433, Page 182, Deed Records, Fort Bend
202	208		County, Texas;
203	209		Thence South 64 degrees 47 minutes 07 seconds West (called South 67
204	210		degrees 33 minutes 36 seconds West) along the southeast line of the
205	211		herein described tract and said called 166.17 acre tract, same
206	212		being the northwest line of said adjoining called 2.0870 acre
207	213		tract, 394.22 feet (called 393.49 feet) to a 2-inch iron pipe found
208	214		for angle point;
209	215		Thence South 64 degrees 12 minutes 08 seconds West (called South 66
210	216		degrees 57 minutes 54 seconds West) continuing along said line,
211	217		903.79 feet (called 903.21 feet) to a 1-inch iron pipe found for
212	218		angle point, said point being a west corner of said adjoining called
213	219		2.0870 acre tract, same being the east corner of an adjoining called
214	220		4.7984 acre tract recorded under County Clerk's File Number
215	221		2020009817, Official Public Records, Fort Bend County, Texas;
216	222		Thence South 65 degrees 23 minutes 33 seconds West (called South 68
217	223		degrees 09 minutes 19 seconds West) along the southeast line of the
218	224		herein described tract and said called 166.17 acre tract, same
219	225		being the northwest line of said adjoining called 4.7984 acre
220	226		tract, and the northwest line of the adjoining called 2.2476 acre
221	227		tract (Tract 1) recorded under County Clerk's File Number
222	228		2019076157, Official Public Records, Fort Bend County, Texas, being
223	229		the Northwest line of the adjoining Foster Creek Estates Section I
224	230		(unrecorded), 1,323.90 feet (called 1,323.75 feet) to a 3/4 inch
225	231		iron pipe found for a reentry corner to the herein described tract
226	232		and said called 166.17 acre tract, same being the northwest corner
227	233		of said adjoining called 2.2476 acre tract;
228	234		Thence South 00 degrees 32 minutes 24 seconds West (called South 03
229	235		degrees 18 minutes 10 seconds West) along the lower east line of the
230	236		herein described tract and said called 166.17 acre tract, at 150.33
231	237		feet pass a 5/8 inch iron rod with cap marked "Jones Carter
232	238		Reference Point" set on said line, and continuing for a total
233	239		distance of 200.33 feet (called 200.33 feet) to a point in the
234	240		centerline of Jones Creek for the southmost corner of the herein
235	241		described tract and said called 166.17 acre tract, said point being
236	242		in the north line of the adjoining Foster Island Estates
237	243		Subdivision, according to map or plat thereof recorded under County
238	244		Clerk's File Number 20040121, Plat Records, Fort Bend County,
239	245		Texas;
240	246		Thence along the common line of the herein described tract and said
241	247		adjoining Foster Island Estates Subdivision, and an adjoining
242	248		called 8.366 acre tract recorded under County Clerk's File Number
243	249		9896247, Official Public Records, Fort Bend County, Texas, the
244	250		adjoining Karaugh II Subdivision, according to map or plat thereof
245	251		recorded under Slide Number 1116-A, Plat Records, Fort Bend County,
246	252		Texas, the adjoining Karaugh I Subdivision, according to map or
247	253		plat thereof recorded under Slide Number 1492-B and 1493-A, Plat
248	254		Records, Fort Bend County, Texas, an adjoining called 7.7856 acre
249	255		tract recorded under County Clerk's File Number 2008003503,
250	256		Official Public Records, Fort Bend County, Texas, being Lots 18, 19
251	257		and 20 of Bella Vista Subdivision (unrecorded), and an adjoining
252	258		tract being called Lot 17 recorded under County Clerk's File Number
253	259		2003047705, Official Public Records, Fort Bend County, Texas, being
254	260		the centerline of Jones Creek, with the following meanders:
255	261		North 87 degrees 04 minutes 35 seconds West, 289.67
256	262		feet;
257	263		North 85 degrees 29 minutes 43 seconds West, 251.76
258	264		feet;
259	265		North 84 degrees 40 minutes 36 seconds West, 342.97
260	266		feet;
261	267		North 86 degrees 50 minutes 56 seconds West, 62.39
262	268		feet;
263	269		North 74 degrees 35 minutes 50 seconds West, 55.93
264	270		feet;
265	271		North 66 degrees 11 minutes 06 seconds West, 29.61
266	272		feet;
267	273		North 54 degrees 10 minutes 40 seconds West, 153.83
268	274		feet;
269	275		North 40 degrees 09 minutes 54 seconds West, 134.38
270	276		feet;
271	277		North 27 degrees 37 minutes 35 seconds West, 181.25
272	278		feet;
273	279		North 19 degrees 58 minutes 36 seconds West, 88.57
274	280		feet;
275	281		North 07 degrees 20 minutes 02 seconds West, 72.18
276	282		feet;
277	283		North 01 degree 44 minutes 42 seconds West, 81.65 feet;
278	284		North 06 degrees 08 minutes 04 seconds East, 124.80
279	285		feet;
280	286		North 15 degrees 03 minutes 32 seconds East, 127.07
281	287		feet;
282	288		North 17 degrees 42 minutes 04 seconds East, 161.56
283	289		feet;
284	290		North 16 degrees 13 minutes 50 seconds East, 258.44
285	291		feet;
286	292		North 16 degrees 18 minutes 33 seconds East, 155.30
287	293		feet;
288	294		North 10 degrees 25 minutes 11 seconds East, 268.61
289	295		feet;
290	296		North 11 degrees 22 minutes 10 seconds East, 221.57
291	297		feet;
292	298		North 00 degrees 44 minutes 27 seconds West, 73.43
293	299		feet;
294	300		North 00 degrees 35 minutes 53 seconds West, 227.47
295	301		feet;
296	302		North 00 degrees 33 minutes 29 seconds West, 338.43
297	303		feet to a point for the northwest corner of the herein
298	304		described tract and said called 166.17 acre tract,
299	305		same being the southwest corner of an adjoining called
300	306		55.876 acre tract recorded under County Clerk's File
301	307		Number 2019037877, Official Public Records, Fort Bend
302	308		County, Texas, said point being in the east line of the
303	309		aforementioned adjoining Lot 17;
304	310		Thence North 87 degrees 02 minutes 40 seconds East (called North 88
305	311		degrees 55 minutes 40 seconds East) along the north line of the
306	312		herein described tract and said called 166.17 acre tract, same
307	313		being the south line of said adjoining called 55.876 acre tract, the
308	314		south line of an adjoining called 5.5428 acre tract, an adjoining
309	315		called 1.419 acre tract, and an adjoining called 15.554 acre tract,
310	316		all recorded under County Clerk's File Number 2019037877, Official
311	317		Public Records, Fort Bend County, Texas, at 30.00 feet pass a 5/8
312	318		inch iron rod with cap marked "Jones Carter Reference Point" set
313	319		on said line, at 947.67 feet pass a 3/4 inch iron pipe found on said
314	320		line for the southeast corner of said adjoining called 1.419 acre
315	321		tract, same being the southwest corner of said adjoining called
316	322		50.554 acre tract, and continuing for a total distance of 1,455.77
317	323		feet (called 1,468.16 feet) to a 1/2 inch iron pipe with cap marked
318	324		"BGE" found for angle point, said point being the southeast corner
319	325		of said adjoining called 50.554 acre tract, same being the
320	326		southwest corner of an adjoining called 26.623 acre tract recorded
321	327		under County Clerk's File Number 2011089606, Official Public
322	328		Records, Fort Bend County, Texas;
323	329		Thence North 78 degrees 42 minutes 14 seconds East (called North 80
324	330		degrees 38 minutes 40 seconds East) along the north line of the
325	331		herein described tract and said called 166.17 acre tract, same
326	332		being the south line of said adjoining called 26.623 acre tract,
327	333		94.16 feet (called 94.16 feet) to a 1/2 inch iron pipe with cap
328	334		marked "BGE" found for angle point;
329	335		Thence North 85 degrees 27 minutes 59 seconds East (called North 87
330	336		degrees 21 minutes 10 seconds East) continuing along said line,
331	337		1,232.81 feet (called 1,232.98 feet) to a 1/2 inch iron pipe with
332	338		cap marked "BGE" found for the northeast corner of the herein
333	339		described tract and said called 166.17 acre tract, same being the
334	340		southeast corner of said adjoining called 26.623 acre tract, and
335	341		being in the southwest right-of-way line of F. M. Highway 359, being
336	342		the southwest line of an adjoining called 0.084 acre tract in deed
337	343		to the State of Texas recorded in Volume 433, Page 185, Deed
338	344		Records, Fort Bend County, Texas;
339	345		Thence South 23 degrees 48 minutes 05 seconds East (adjoiner called
340	346		South 22 degrees 09 minutes East) along the northeast line of the
341	347		herein described tract and said called 166.17 acre tract, same
342	348		being the southwest right-of-way line of F. M. Highway 359, 571.26
343	349		feet (adjoiner called 577.0 feet) to a concrete monument found for
344	350		angle point;
345	351		Thence South 24 degrees 24 minutes 26 seconds East (adjoiner called
346	352		South 22 degrees 47 minutes East) continuing along said line, at
347	353		84.92 feet pass a 1/2 inch iron rod found 1.36 feet left of said
348	354		line, at 118.14 feet pass a 1/2 inch iron pipe with cap marked "BGE"
349	355		found 0.98 feet right of said line, at 821.48 feet pass a concrete
350	356		monument found on said line, and continuing for a total distance of
351	357		1,054.61 feet to the Place of Beginning and containing 167.7 acres
352	358		of land, more or less.
353	359		SECTION 3. (a) The legal notice of the intention to
354	360		introduce this Act, setting forth the general substance of this
355	361		Act, has been published as provided by law, and the notice and a
356	362		copy of this Act have been furnished to all persons, agencies,
357	363		officials, or entities to which they are required to be furnished
358	364		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
359	365		Government Code.
360	366		(b) The governor, one of the required recipients, has
361	367		submitted the notice and Act to the Texas Commission on
362	368		Environmental Quality.
363	369		(c) The Texas Commission on Environmental Quality has filed
364	370		its recommendations relating to this Act with the governor, the
365	371		lieutenant governor, and the speaker of the house of
366	372		representatives within the required time.
367	373		(d) All requirements of the constitution and laws of this
368	374		state and the rules and procedures of the legislature with respect
369	375		to the notice, introduction, and passage of this Act are fulfilled
370	376		and accomplished.
371	377		SECTION 4. (a) If this Act does not receive a two-thirds
372	378		vote of all the members elected to each house, Subchapter C, Chapter
373	379		7996, Special District Local Laws Code, as added by Section 1 of
374	380		this Act, is amended by adding Section 7996.0307 to read as follows:
375	381		Sec. 7996.0307. NO EMINENT DOMAIN POWER. The district may
376	382		not exercise the power of eminent domain.
377	383		(b) This section is not intended to be an expression of a
378	384		legislative interpretation of the requirements of Section 17(c),
379	385		Article I, Texas Constitution.
380	386		SECTION 5. This Act takes effect immediately if it receives
381	387		a vote of two-thirds of all the members elected to each house, as
382	388		provided by Section 39, Article III, Texas Constitution. If this
383	389		Act does not receive the vote necessary for immediate effect, this
384	390		Act takes effect September 1, 2021.
385		-	______________________________ ______________________________
386		-	President of the Senate Speaker of the House
387		-	I certify that H.B. No. 4616 was passed by the House on May
388		-	14, 2021, by the following vote: Yeas 105, Nays 40, 2 present, not
389		-	voting.
390		-	______________________________
391		-	Chief Clerk of the House
392		-	I certify that H.B. No. 4616 was passed by the Senate on May
393		-	27, 2021, by the following vote: Yeas 30, Nays 1.
394		-	______________________________
395		-	Secretary of the Senate
396		-	APPROVED: _____________________
397		-	Date
398		-	_____________________
399		-	Governor
	391	+	* * * * *