H.B. No. 4616
AN ACT
relating to the creation of the Fort Bend County Municipal Utility
District No. 246; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7996 to read as follows:
CHAPTER 7996. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 246
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7996.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Fort Bend County Municipal
Utility District No. 246.
Sec. 7996.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7996.0103. CONFIRMATION AND DIRECTOR ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 7996.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7996.0103 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 7996.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7996.0106. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7996.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7996.0202, directors
serve staggered four-year terms.
Sec. 7996.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Andrew Chang;
(2) Lauren Sposato;
(3) Brian Taton;
(4) David Pereira; and
(5) Jason Jacob.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7996.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 7996.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 7996.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7996.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7996.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 7996.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7996.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 7996.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
Sec. 7996.0306. PUBLIC INFORMATION. (a) The district
shall maintain an Internet website.
(b) The board shall make available on the district's
Internet website the information required under Section 26.18, Tax
Code.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7996.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 7996.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 7996.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7996.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 7996.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7996.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 7996.0502. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 7996.0503. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Fort Bend County Municipal Utility District
No. 246 initially includes all the territory contained in the
following area:
A METES & BOUNDS description of a 167.7 acre tract of land in the
John Foster 2-1/2 Leagues Grant, Abstract 26, Fort Bend County,
Texas, being that certain called 166.17 acre tract recorded under
County Clerk's File Number 9619091, Official Public Records, Fort
Bend County, Texas, said called 166.17 acre tract being comprised
of the residue of a called 190.109 acre tract recorded in Volume
493, Page 363, Deed Records, Fort Bend County, Texas, a called 1.95
acre tract recorded in Volume 495, Page 702, Deed Records, Fort Bend
County, Texas, and the residue of a called 51.9 acre tract recorded
in Volume 493, Page 395, Deed Records, Fort Bend County, Texas, with
all bearings based upon the Texas Coordinate System of 1983, South
Central Zone, based upon GPS observations.
Beginning at a 1/2 inch iron pipe with cap marked "BGE" found in the
southwest right-of-way line of F. M. Highway 359 (called 100-feet
wide) for the east corner of said called 166.17 acre tract, same
being the north corner of an adjoining called 2.0870 acre tract
recorded in Volume 2331, Page 261, Official Records, Fort Bend
County, Texas, for the east corner and Place of Beginning of the
herein described tract, said point being at the intersection of the
southwest right-of-way line of F. M. Highway 359 and the northwest
right-of-way line of Foster Creek Drive, and being in the southwest
line of an adjoining called 0.246 acre tract in deed to the State of
Texas recorded in Volume 433, Page 182, Deed Records, Fort Bend
County, Texas;
Thence South 64 degrees 47 minutes 07 seconds West (called South 67
degrees 33 minutes 36 seconds West) along the southeast line of the
herein described tract and said called 166.17 acre tract, same
being the northwest line of said adjoining called 2.0870 acre
tract, 394.22 feet (called 393.49 feet) to a 2-inch iron pipe found
for angle point;
Thence South 64 degrees 12 minutes 08 seconds West (called South 66
degrees 57 minutes 54 seconds West) continuing along said line,
903.79 feet (called 903.21 feet) to a 1-inch iron pipe found for
angle point, said point being a west corner of said adjoining called
2.0870 acre tract, same being the east corner of an adjoining called
4.7984 acre tract recorded under County Clerk's File Number
2020009817, Official Public Records, Fort Bend County, Texas;
Thence South 65 degrees 23 minutes 33 seconds West (called South 68
degrees 09 minutes 19 seconds West) along the southeast line of the
herein described tract and said called 166.17 acre tract, same
being the northwest line of said adjoining called 4.7984 acre
tract, and the northwest line of the adjoining called 2.2476 acre
tract (Tract 1) recorded under County Clerk's File Number
2019076157, Official Public Records, Fort Bend County, Texas, being
the Northwest line of the adjoining Foster Creek Estates Section I
(unrecorded), 1,323.90 feet (called 1,323.75 feet) to a 3/4 inch
iron pipe found for a reentry corner to the herein described tract
and said called 166.17 acre tract, same being the northwest corner
of said adjoining called 2.2476 acre tract;
Thence South 00 degrees 32 minutes 24 seconds West (called South 03
degrees 18 minutes 10 seconds West) along the lower east line of the
herein described tract and said called 166.17 acre tract, at 150.33
feet pass a 5/8 inch iron rod with cap marked "Jones Carter
Reference Point" set on said line, and continuing for a total
distance of 200.33 feet (called 200.33 feet) to a point in the
centerline of Jones Creek for the southmost corner of the herein
described tract and said called 166.17 acre tract, said point being
in the north line of the adjoining Foster Island Estates
Subdivision, according to map or plat thereof recorded under County
Clerk's File Number 20040121, Plat Records, Fort Bend County,
Texas;
Thence along the common line of the herein described tract and said
adjoining Foster Island Estates Subdivision, and an adjoining
called 8.366 acre tract recorded under County Clerk's File Number
9896247, Official Public Records, Fort Bend County, Texas, the
adjoining Karaugh II Subdivision, according to map or plat thereof
recorded under Slide Number 1116-A, Plat Records, Fort Bend County,
Texas, the adjoining Karaugh I Subdivision, according to map or
plat thereof recorded under Slide Number 1492-B and 1493-A, Plat
Records, Fort Bend County, Texas, an adjoining called 7.7856 acre
tract recorded under County Clerk's File Number 2008003503,
Official Public Records, Fort Bend County, Texas, being Lots 18, 19
and 20 of Bella Vista Subdivision (unrecorded), and an adjoining
tract being called Lot 17 recorded under County Clerk's File Number
2003047705, Official Public Records, Fort Bend County, Texas, being
the centerline of Jones Creek, with the following meanders:
North 87 degrees 04 minutes 35 seconds West, 289.67
feet;
North 85 degrees 29 minutes 43 seconds West, 251.76
feet;
North 84 degrees 40 minutes 36 seconds West, 342.97
feet;
North 86 degrees 50 minutes 56 seconds West, 62.39
feet;
North 74 degrees 35 minutes 50 seconds West, 55.93
feet;
North 66 degrees 11 minutes 06 seconds West, 29.61
feet;
North 54 degrees 10 minutes 40 seconds West, 153.83
feet;
North 40 degrees 09 minutes 54 seconds West, 134.38
feet;
North 27 degrees 37 minutes 35 seconds West, 181.25
feet;
North 19 degrees 58 minutes 36 seconds West, 88.57
feet;
North 07 degrees 20 minutes 02 seconds West, 72.18
feet;
North 01 degree 44 minutes 42 seconds West, 81.65 feet;
North 06 degrees 08 minutes 04 seconds East, 124.80
feet;
North 15 degrees 03 minutes 32 seconds East, 127.07
feet;
North 17 degrees 42 minutes 04 seconds East, 161.56
feet;
North 16 degrees 13 minutes 50 seconds East, 258.44
feet;
North 16 degrees 18 minutes 33 seconds East, 155.30
feet;
North 10 degrees 25 minutes 11 seconds East, 268.61
feet;
North 11 degrees 22 minutes 10 seconds East, 221.57
feet;
North 00 degrees 44 minutes 27 seconds West, 73.43
feet;
North 00 degrees 35 minutes 53 seconds West, 227.47
feet;
North 00 degrees 33 minutes 29 seconds West, 338.43
feet to a point for the northwest corner of the herein
described tract and said called 166.17 acre tract,
same being the southwest corner of an adjoining called
55.876 acre tract recorded under County Clerk's File
Number 2019037877, Official Public Records, Fort Bend
County, Texas, said point being in the east line of the
aforementioned adjoining Lot 17;
Thence North 87 degrees 02 minutes 40 seconds East (called North 88
degrees 55 minutes 40 seconds East) along the north line of the
herein described tract and said called 166.17 acre tract, same
being the south line of said adjoining called 55.876 acre tract, the
south line of an adjoining called 5.5428 acre tract, an adjoining
called 1.419 acre tract, and an adjoining called 15.554 acre tract,
all recorded under County Clerk's File Number 2019037877, Official
Public Records, Fort Bend County, Texas, at 30.00 feet pass a 5/8
inch iron rod with cap marked "Jones Carter Reference Point" set
on said line, at 947.67 feet pass a 3/4 inch iron pipe found on said
line for the southeast corner of said adjoining called 1.419 acre
tract, same being the southwest corner of said adjoining called
50.554 acre tract, and continuing for a total distance of 1,455.77
feet (called 1,468.16 feet) to a 1/2 inch iron pipe with cap marked
"BGE" found for angle point, said point being the southeast corner
of said adjoining called 50.554 acre tract, same being the
southwest corner of an adjoining called 26.623 acre tract recorded
under County Clerk's File Number 2011089606, Official Public
Records, Fort Bend County, Texas;
Thence North 78 degrees 42 minutes 14 seconds East (called North 80
degrees 38 minutes 40 seconds East) along the north line of the
herein described tract and said called 166.17 acre tract, same
being the south line of said adjoining called 26.623 acre tract,
94.16 feet (called 94.16 feet) to a 1/2 inch iron pipe with cap
marked "BGE" found for angle point;
Thence North 85 degrees 27 minutes 59 seconds East (called North 87
degrees 21 minutes 10 seconds East) continuing along said line,
1,232.81 feet (called 1,232.98 feet) to a 1/2 inch iron pipe with
cap marked "BGE" found for the northeast corner of the herein
described tract and said called 166.17 acre tract, same being the
southeast corner of said adjoining called 26.623 acre tract, and
being in the southwest right-of-way line of F. M. Highway 359, being
the southwest line of an adjoining called 0.084 acre tract in deed
to the State of Texas recorded in Volume 433, Page 185, Deed
Records, Fort Bend County, Texas;
Thence South 23 degrees 48 minutes 05 seconds East (adjoiner called
South 22 degrees 09 minutes East) along the northeast line of the
herein described tract and said called 166.17 acre tract, same
being the southwest right-of-way line of F. M. Highway 359, 571.26
feet (adjoiner called 577.0 feet) to a concrete monument found for
angle point;
Thence South 24 degrees 24 minutes 26 seconds East (adjoiner called
South 22 degrees 47 minutes East) continuing along said line, at
84.92 feet pass a 1/2 inch iron rod found 1.36 feet left of said
line, at 118.14 feet pass a 1/2 inch iron pipe with cap marked "BGE"
found 0.98 feet right of said line, at 821.48 feet pass a concrete
monument found on said line, and continuing for a total distance of
1,054.61 feet to the Place of Beginning and containing 167.7 acres
of land, more or less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
7996, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7996.0307 to read as follows:
Sec. 7996.0307. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4616 was passed by the House on May
14, 2021, by the following vote: Yeas 105, Nays 40, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4616 was passed by the Senate on May
27, 2021, by the following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor