By: Stephenson (Senate Sponsor - Kolkhorst) H.B. No. 4634
(In the Senate - Received from the House May 17, 2021;
May 17, 2021, read first time and referred to Committee on Local
Government; May 21, 2021, reported favorably by the following
vote: Yeas 7, Nays 0; May 21, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Fort Bend County Municipal Utility
District No. 250; 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 7943A to read as follows:
CHAPTER 7943A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 250
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7943A.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. 250.
Sec. 7943A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7943A.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. 7943A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7943A.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. 7943A.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. 7943A.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. 7943A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 7943A.0202, directors
serve staggered four-year terms.
Sec. 7943A.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Kyle Kraus;
(2) Darrin Fentress;
(3) Joseph Koch;
(4) Michelle Vinklarek; and
(5) Justin Vickery.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7943A.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 7943A.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 7943A.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. 7943A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7943A.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. 7943A.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. 7943A.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. 7943A.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. 7943A.0306. DIVISION OF DISTRICT. (a) The district
may be divided into two or more new districts only if the district:
(1) has never issued any bonds; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by
division of the district, and a new district has all the powers and
duties of the district.
(c) A new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act enacting this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
7943A.0103 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) A new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 7943A.0103.
(i) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(j) A new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(k) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
7943A.0104 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7943A.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
7943A.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. 7943A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7943A.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. 7943A.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. 7943A.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. 7943A.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. 7943A.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. 250 initially includes all the territory contained in the
following area:
A METES & BOUNDS description of a 428.72 acre tract of land in
the B. B. B. & C. Railroad Company Survey Section 309, Abstract 126,
and the Gabriel Cole 3/4 League, Abstract 19, Fort Bend County,
Texas, being those portions of that certain called 614.964 acre
tract (Tract One) and called 4.00 acre tract (Tract Two) recorded
under County Clerk's File Number 2020160769, Official Public
Records, Fort Bend County, Texas, and that certain called 315.937
acre tract recorded under 2015047309, Official Public Records, Fort
Bend County, Texas, outside of the Extraterritorial Jurisdictional
limits of the City of Rosenberg, with all bearings based upon the
Texas Coordinate System of 1983, South Central Zone, based upon GPS
observations.
Beginning at a concrete monument found in the southeast
right-of-way line of U. S. Highway 59 (width varies) for the north
corner of said called 614.964 acre tract, same being the west corner
of an adjoining called 130.806 acre tract (First Tract) recorded in
Volume 382, Page 180, Deed Records, Fort Bend County, Texas, for the
north corner and Place of Beginning of the herein described tract,
said point being in the northeast line of said B. B. B. & C. Railroad
company Survey Section 309, Abstract 126, same being the southwest
line of the adjoining S. N. Cross Survey, Abstract 400;
Thence South 39 degrees 03 minutes 55 seconds East along the
northeast line of the herein described tract and said called
614.964 acre tract, same being the southwest line of said adjoining
called 130.806 acre tract, being the northeast line of said B. B. B. &
C. Railroad Company Survey Section 309, Abstract 126, same being
the southwest line of said adjoining S. N. Cross Survey, Abstract
400, 1,148.86 feet to a point on said line at its intersection with
the Extraterritorial Jurisdictional limits of the City of Rosenberg
based on a 2-mile arc from the west line of City of Rosenberg
Annexation Number 66, said point being in a non-tangent curve to the
left;
Thence with said non-tangent curve to the left, being the
Extraterritorial Jurisdictional limits of the City of Rosenberg,
having a central angle of 20 degrees 50 minutes 55 seconds, an arc
length of 3,842.56 feet, a radius of 10,560.00 feet, and a chord
bearing South 08 degrees 54 minutes 47 seconds West, 3,821.40 feet
to a point in the upper southwest line of said called 614.964 acre
tract and said B. B. B. & C. Railroad Company Survey Section 309,
Abstract 126, same being the northeast line of said Gabriel Cole 3/4
League, Abstract 19;
Thence North 39 degrees 01 minute 53 seconds West along an
interior line of the herein described tract, being the upper
southwest line of said called 614.964 acre tract and said B. B. B. &
C. Railroad Company Survey Section 309, Abstract 126, same being
the northeast line of said Gabriel Cole 3/4 League, Abstract 19,
2,484.19 feet to the upper southeast corner of the aforementioned
called 315.937 acre tract for a reentry corner to the herein
described tract;
Thence South 71 degrees 57 minutes 09 seconds West along an
interior line of the herein described tract and said called 315.937
acre tract, and along the northwest line of an adjoining called
25.00 acre tract recorded under County Clerk's File Number
2001085827, Official Public Records, Fort Bend County, Texas, and
described in Volume 638, Page 367, Deed Records, Fort Bend County,
Texas, 1,494.57 feet to the west corner of said adjoining called
25.00 acre tract, being a reentry corner of said called 315.937 acre
tract and a reentry corner to the herein described tract;
Thence South 67 degrees 13 minutes 47 seconds East along the
southerly line of said adjoining called 25.00 acre tract, 2,718.67
feet to the southeast corner of said adjoining called 25.00 acre
tract;
Thence South 41 degrees 16 minutes 22 seconds East along an
interior line of the herein described tract, being the
northeasterly line of said called 315.937 acre tract, 732.40 feet
to a point on said line at its intersection with the above-described
Extraterritorial Jurisdictional limits of the City of Rosenberg;
Thence with said non-tangent curve to the left, being the
Extraterritorial Jurisdictional limits of the City of Rosenberg,
having a central angle of 11 degrees 03 minutes 22 seconds, an arc
length of 2,037.72 feet, a radius of 10,560.00 feet, and a chord
bearing South 07 degrees 46 minutes 39 seconds East, 2,034.56 feet
to a point in the southwest line of said called 315.937 acre tract,
same being the northeast line of an adjoining called 189.1838 acre
tract recorded under County Clerk's File Number 2014097231,
Official Public Records, Fort Bend County, Texas, for the south
corner of the herein described tract;
Thence North 67 degrees 34 minutes 04 seconds West along the
southwest line of the herein described tract and said called
315.937 acre tract, same being the northeast line of said adjoining
called 189.183 acre tract, 1,285.70 feet to the north corner of said
adjoining called 189.183 acre tract, same being the east corner of
an adjoining called 133.7601 acre tract recorded in Volume 2180,
Page 1885, Official Records, Fort Bend County, Texas;
Thence North 67 degrees 21 minutes 28 seconds West along the
southwest line of the herein described tract and said called
315.937 acre tract, same being a northeast line of said adjoining
called 133.7601 acre tract, 912.38 feet to the lower north corner of
said adjoining called 133.7601 acre tract for corner, said point
being in the southeast line of an adjoining called 8.6 acre tract
recorded in Volume 963, Page 371, Deed Records, Fort Bend County,
Texas;
Thence North 57 degrees 49 minutes 44 seconds East along the
common line of the herein described tract and said adjoining called
8.6 acre tract, 121.36 feet to the east corner of said adjoining
called 8.6 acre tract for a reentry corner to the herein described
tract;
Thence North 67 degrees 39 minutes 16 seconds West continuing
along said common line, and along the northeast line of an adjoining
called 11.05 acre tract recorded in Volume 81, Page 265, Deed
Records, Fort Bend County, Texas, 1,458.82 feet to the north corner
of said adjoining called 11.05 acre tract, same being the lower east
corner of an adjoining called 177.581 acre tract recorded under
County Clerk's File Number 2016022967, Official Public Records,
Fort Bend County, Texas;
Thence North 68 degrees 05 minutes 20 seconds West along the
common line of the herein described tract and said adjoining called
177.581 acre tract, 2,064.49 feet to a point in the centerline of
Turkey Creek;
Thence continuing along said common line, being the
centerline of Turkey Creek, with the following meanders:
North 65 degrees 07 minutes 28 seconds West, 96.85 feet;
North 74 degrees 24 minutes 56 seconds West, 132.63
feet;
South 60 degrees 58 minutes 04 seconds West, 22.62 feet;
North 82 degrees 08 minutes 09 seconds West, 34.34 feet;
North 60 degrees 55 minutes 28 seconds West, 74.41 feet;
North 32 degrees 56 minutes 51 seconds West, 57.73 feet;
North 49 degrees 02 minutes 35 seconds West, 56.30 feet;
North 50 degrees 06 minutes 14 seconds West, 38.15 feet;
North 26 degrees 39 minutes 23 seconds West, 55.25 feet;
North 19 degrees 50 minutes 01 second East, 25.51 feet;
North 51 degrees 51 minutes 14 seconds East, 44.50 feet;
North 42 degrees 17 minutes 14 seconds East, 63.75 feet;
North 85 degrees 38 minutes 12 seconds East, 96.38 feet;
North 01 degree 45 minutes 24 seconds West, 27.11 feet;
North 43 degrees 44 minutes 40 seconds West, 84.31 feet;
North 45 degrees 44 minutes 36 seconds West, 53.16 feet;
South 88 degrees 33 minutes 49 seconds West, 27.33 feet;
South 61 degrees 21 minutes 16 seconds West, 46.71 feet;
North 71 degrees 54 minutes 51 seconds West, 30.41 feet;
North 33 degrees 27 minutes 49 seconds West, 51.91 feet;
North 13 degrees 54 minutes 32 seconds East, 51.27 feet;
North 31 degrees 15 minutes 08 seconds East, 103.53 feet
to a point for corner, said point being the west corner of an
adjoining called 8.6215 acre tract in deed to the State of Texas,
and described under County Clerk's File Number 2016123444, Official
Public Records, Fort Bend County, Texas;
Thence South 42 degrees 35 minutes 10 seconds East along the
common line of the herein described tract and said adjoining called
8.6215 acre tract, 798.02 feet to a point for corner;
Thence North 47 degrees 22 minutes 21 seconds East continuing
along said common line, 120.63 feet to a point for corner;
Thence North 42 degrees 23 minutes 23 seconds West continuing
along said common line, 19.45 feet to a point for corner;
Thence North 49 degrees 23 minutes 31 seconds East continuing
along said common line, 70.26 feet to a point for corner, said point
being in a non-tangent curve to the left;
Thence with said non-tangent curve to the left, continuing
along said common line, having a central angle of 85 degrees 32
minutes 06 seconds, an arc length of 528.48 feet, a radius of 354.00
feet, and a chord bearing North 06 degrees 39 minutes 42 seconds
East, 480.75 feet to the end of said curve;
Thence North 36 degrees 05 minutes 40 seconds West continuing
along said common line, 348.39 feet to a point for corner, said
point being in the southeast line of an adjoining called 3.307 acre
tract (Parcel 98-E) in deed to the State of Texas in Volume 486,
Page 735, Deed Records, Fort Bend County, Texas;
Thence North 53 degrees 54 minutes 57 seconds East along the
southeast line of said adjoining called 3.307 acre tract, 748.91
feet to the east corner of said adjoining called 3.307 acre tract
for a reentry corner to the herein described tract;
Thence North 36 degrees 16 minutes 59 seconds West along the
northeast line of said adjoining called 3.307 acre tract, 150.00
feet to the north corner of said adjoining called 3.307 acre tract,
said point being in the southeast right-of-way line of U. S. Highway
59;
Thence North 53 degrees 54 minutes 14 seconds East along the
southeast right-of-way line of U.S. Highway 59, 2,333.11 feet to
the north corner of said called 315.937 acre tract, same being the
west corner of said called 614.964 acre tract;
Thence North 53 degrees 55 minutes 05 seconds East continuing
along the southeast right-of- way line of U. S. Highway 59, 2,841.22
feet to the Place of Beginning and containing 428.72 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
7943A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7943A.0307 to read as
follows:
Sec. 7943A.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.
* * * * *