Texas 2021 - 87th Regular

Texas House Bill HB4642 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4642
	1	+	By: Stephenson (Senate Sponsor - Kolkhorst) H.B. No. 4642
	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 21, 2021, reported favorably by the following
	5	+	vote: Yeas 7, Nays 0; May 21, 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. 253; 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 7940A to read as follows:
12	18		CHAPTER 7940A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 253
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 7940A.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. 253.
21	27		Sec. 7940A.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. 7940A.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. 7940A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section
30	36		7940A.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. 7940A.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. 7940A.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. 7940A.0201. GOVERNING BODY; TERMS. (a) The district
58	64		is governed by a board of five elected directors.
59	65		(b) Except as provided by Section 7940A.0202, directors
60	66		serve staggered four-year terms.
61	67		Sec. 7940A.0202. TEMPORARY DIRECTORS. (a) On or after the
62	68		effective date of the Act enacting this chapter, the owner or owners
63	69		of a majority of the assessed value of the real property in the
64	70		district may submit a petition to the commission requesting that
65	71		the commission appoint as temporary directors the five persons
66	72		named in the petition. The commission shall appoint as temporary
67	73		directors the five persons named in the petition.
68	74		(b) Temporary directors serve until the earlier of:
69	75		(1) the date permanent directors are elected under
70	76		Section 7940A.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 7940A.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 7940A.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. 7940A.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. 7940A.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. 7940A.0303. AUTHORITY FOR ROAD PROJECTS. Under
99	105		Section 52, Article III, Texas Constitution, the district may
100	106		design, acquire, construct, finance, issue bonds for, improve,
101	107		operate, maintain, and convey to this state, a county, or a
102	108		municipality for operation and maintenance macadamized, graveled,
103	109		or paved roads, or improvements, including storm drainage, in aid
104	110		of those roads.
105	111		Sec. 7940A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	112		road project must meet all applicable construction standards,
107	113		zoning and subdivision requirements, and regulations of each
108	114		municipality in whose corporate limits or extraterritorial
109	115		jurisdiction the road project is located.
110	116		(b) If a road project is not located in the corporate limits
111	117		or extraterritorial jurisdiction of a municipality, the road
112	118		project must meet all applicable construction standards,
113	119		subdivision requirements, and regulations of each county in which
114	120		the road project is located.
115	121		(c) If the state will maintain and operate the road, the
116	122		Texas Transportation Commission must approve the plans and
117	123		specifications of the road project.
118	124		Sec. 7940A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
119	125		ORDINANCE OR RESOLUTION. The district shall comply with all
120	126		applicable requirements of any ordinance or resolution that is
121	127		adopted under Section 54.016 or 54.0165, Water Code, and that
122	128		consents to the creation of the district or to the inclusion of land
123	129		in the district.
124	130		Sec. 7940A.0306. DIVISION OF DISTRICT. (a) The district
125	131		may be divided into two or more new districts only if the district:
126	132		(1) has no outstanding bonded debt; and
127	133		(2) is not imposing ad valorem taxes.
128	134		(b) This chapter applies to any new district created by the
129	135		division of the district, and a new district has all the powers and
130	136		duties of the district.
131	137		(c) A new district created by the division of the district
132	138		may not, at the time the new district is created, contain any land
133	139		outside the area described by Section 2 of the Act enacting this
134	140		chapter.
135	141		(d) The board, on its own motion or on receipt of a petition
136	142		signed by the owner or owners of a majority of the assessed value of
137	143		the real property in the district, may adopt an order dividing the
138	144		district.
139	145		(e) The board may adopt an order dividing the district
140	146		before or after the date the board holds an election under Section
141	147		7940A.0103 to confirm the district's creation.
142	148		(f) An order dividing the district shall:
143	149		(1) name each new district;
144	150		(2) include the metes and bounds description of the
145	151		territory of each new district;
146	152		(3) appoint temporary directors for each new district;
147	153		and
148	154		(4) provide for the division of assets and liabilities
149	155		between the new districts.
150	156		(g) On or before the 30th day after the date of adoption of
151	157		an order dividing the district, the district shall file the order
152	158		with the commission and record the order in the real property
153	159		records of each county in which the district is located.
154	160		(h) Any new district created by the division of the district
155	161		shall hold a confirmation and directors' election as required by
156	162		Section 7940A.0103.
157	163		(i) If the creation of the new district is confirmed, the
158	164		new district shall provide the election date and results to the
159	165		commission.
160	166		(j) Any new district created by the division of the district
161	167		must hold an election as required by this chapter to obtain voter
162	168		approval before the district may impose a maintenance tax or issue
163	169		bonds payable wholly or partly from ad valorem taxes.
164	170		(k) Municipal consent to the creation of the district and to
165	171		the inclusion of land in the district granted under Section
166	172		7940A.0104 acts as municipal consent to the creation of any new
167	173		district created by the division of the district and to the
168	174		inclusion of land in the new district.
169	175		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
170	176		Sec. 7940A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
171	177		The district may issue, without an election, bonds and other
172	178		obligations secured by:
173	179		(1) revenue other than ad valorem taxes; or
174	180		(2) contract payments described by Section
175	181		7940A.0403.
176	182		(b) The district must hold an election in the manner
177	183		provided by Chapters 49 and 54, Water Code, to obtain voter approval
178	184		before the district may impose an ad valorem tax or issue bonds
179	185		payable from ad valorem taxes.
180	186		(c) The district may not issue bonds payable from ad valorem
181	187		taxes to finance a road project unless the issuance is approved by a
182	188		vote of a two-thirds majority of the district voters voting at an
183	189		election held for that purpose.
184	190		Sec. 7940A.0402. OPERATION AND MAINTENANCE TAX. (a) If
185	191		authorized at an election held under Section 7940A.0401, the
186	192		district may impose an operation and maintenance tax on taxable
187	193		property in the district in accordance with Section 49.107, Water
188	194		Code.
189	195		(b) The board shall determine the tax rate. The rate may not
190	196		exceed the rate approved at the election.
191	197		Sec. 7940A.0403. CONTRACT TAXES. (a) In accordance with
192	198		Section 49.108, Water Code, the district may impose a tax other than
193	199		an operation and maintenance tax and use the revenue derived from
194	200		the tax to make payments under a contract after the provisions of
195	201		the contract have been approved by a majority of the district voters
196	202		voting at an election held for that purpose.
197	203		(b) A contract approved by the district voters may contain a
198	204		provision stating that the contract may be modified or amended by
199	205		the board without further voter approval.
200	206		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
201	207		Sec. 7940A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
202	208		OBLIGATIONS. The district may issue bonds or other obligations
203	209		payable wholly or partly from ad valorem taxes, impact fees,
204	210		revenue, contract payments, grants, or other district money, or any
205	211		combination of those sources, to pay for any authorized district
206	212		purpose.
207	213		Sec. 7940A.0502. TAXES FOR BONDS. At the time the district
208	214		issues bonds payable wholly or partly from ad valorem taxes, the
209	215		board shall provide for the annual imposition of a continuing
210	216		direct ad valorem tax, without limit as to rate or amount, while all
211	217		or part of the bonds are outstanding as required and in the manner
212	218		provided by Sections 54.601 and 54.602, Water Code.
213	219		Sec. 7940A.0503. BONDS FOR ROAD PROJECTS. At the time of
214	220		issuance, the total principal amount of bonds or other obligations
215	221		issued or incurred to finance road projects and payable from ad
216	222		valorem taxes may not exceed one-fourth of the assessed value of the
217	223		real property in the district.
218	224		SECTION 2. The Fort Bend County Municipal Utility District
219	225		No. 253 initially includes all the territory contained in the
220	226		following area:
221	227		A 854.6 ACRE TRACT OF LAND IN THE H. & T.C. RR. CO. SURVEY,
222	228		SECTION 6, ABSTRACT NO. 553, 612, AND 535, AND IN THE H. & T. C. RR.
223	229		CO. SURVEY SETION 5, ABSTRACT NO. 209 FORT BEND COUNTY, TEXAS, BEING
224	230		ALL OF THE A. VALLET SURVEY, A-535, AND ALL OF A CALLED 320 ACRES
225	231		DESCRIBED IN GIFT DEED TO SHARON VELLET WALLINGFORD TRUST, RECORDED
226	232		UNDER FORT BEND COUNTY CLERK'S FILE NUMBER (F.B.C.C.F. NO.)
227	233		9484031, AND ALL OF A CALLED 211.78 ACRE TRACT FOUND IN PROBABTE
228	234		DOCUMENT NO. 14839, SAVE AND EXCEPT THE AREA WITHIN THE CITY LIMITS
229	235		OF CITY OF ROSENBERG, APPROXIMATELY 1.6 ACRES OUT OF THE A. VALLET
230	236		SURVEY, ABSTRACT NO. 535., THE SAID 853.0 ACRE TRACT BEING MORE
231	237		PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (WITH
232	238		BEARINGS BASED ON THE SOUTHWEST RIGHT-OF-WAY LINE OF FINNEY VALLET
233	239		ROAD BEING SOUTH 45 DEGREES EAST):
234	240		BEGINNING at the north corner of said A. Vallet Survey,
235	241		(A-535), and the southeast corner of the S.A. & M.G. RR. CO. Survey,
236	242		A-331 and the north corner of the herein described tract, being in
237	243		the centerline of said Finney Vallet Road (based on a width of 60
238	244		feet);
239	245		THENCE, South 45° East, along the centerline of said Finney
240	246		Valley Road, and the easterly line of said A. Vallet Survey, a
241	247		distance of 5,280.00 feet, to the north corner of said A-209, and
242	248		the north corner of a called 3.2500 acre tract conveyed to Annette
243	249		M. Pittman, ET UX. as described in document recorded under
244	250		F.B.C.C.F. NO. 2003157605, and the southeast corner of said A-535,
245	251		and an exterior corner of the herein described tract;
246	252		THENCE, South 45° West, along the southeasterly line of said
247	253		A-535, common with the northwesterly line of said 3.2500 acre
248	254		tract, and a called 3.0000 acre tract described in document
249	255		recorded under F.B.C.C.F. NO. 2001073086, and a called 58.0744 acre
250	256		tract as described in document recorded under F.B.C.C.F. NO.
251	257		2017119706, a distance of 2,638.46 feet, to the northerly corner of
252	258		said 211.78 acre tract, and an interior corner of the herein
253	259		described tract;
254	260		THENCE, South 45° East, along the easterly line of said 211.78
255	261		acre tract, a distance of 5280.00 feet, to the south line of said
256	262		A-209, common with the north line of the H.&T. C. RR. Co. Survey
257	263		Abstract No. 208, marking the southeast corner of said 211.78 acre
258	264		tract and the most southerly corner of the herein described tract;
259	265		THENCE, South 45° West, along said common line, a distance of
260	266		1,770.82 feet, to the most southerly corner of the herein described
261	267		tract;
262	268		THENCE, North 45° West, departing said common line, and along
263	269		the southwesterly line of said 211.78 acre tract, a distance of
264	270		5,280.00 feet, to the south line of said A-612, common with the
265	271		north line of said A-209, and an interior corner of the herein
266	272		described tract;
267	273		THENCE, South 45° West, along said common line a distance of
268	274		870.72 feet, to the southwest corner of said A-612, and an exterior
269	275		corner of the herein described tract;
270	276		THENCE, North 45° West, along the west line of said A-612, and
271	277		A-553, a distance of 5,280.00 feet, to the northwest corner of said
272	278		A-553 and the herein described tract;
273	279		THENCE, North 45° East, along the northerly line of said
274	280		A-553, and said A-535, a distance of 5,280.00 feet, to the POINT OF
275	281		BEGINNING, SAVE AND EXCEPT THE AREA WITHIN THE CITY LIMITS OF CITY
276	282		OF ROSENBERG, APPROXIMATELY 1.6 ACRES OUT OF THE A. VALLET SURVEY,
277	283		ABSTRACT NO. 535., and containing 854.6 acres of land.
278	284		SECTION 3. (a) The legal notice of the intention to
279	285		introduce this Act, setting forth the general substance of this
280	286		Act, has been published as provided by law, and the notice and a
281	287		copy of this Act have been furnished to all persons, agencies,
282	288		officials, or entities to which they are required to be furnished
283	289		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
284	290		Government Code.
285	291		(b) The governor, one of the required recipients, has
286	292		submitted the notice and Act to the Texas Commission on
287	293		Environmental Quality.
288	294		(c) The Texas Commission on Environmental Quality has filed
289	295		its recommendations relating to this Act with the governor, the
290	296		lieutenant governor, and the speaker of the house of
291	297		representatives within the required time.
292	298		(d) All requirements of the constitution and laws of this
293	299		state and the rules and procedures of the legislature with respect
294	300		to the notice, introduction, and passage of this Act are fulfilled
295	301		and accomplished.
296	302		SECTION 4. (a) If this Act does not receive a two-thirds
297	303		vote of all the members elected to each house, Subchapter C, Chapter
298	304		7940A, Special District Local Laws Code, as added by Section 1 of
299	305		this Act, is amended by adding Section 7940A.0307 to read as
300	306		follows:
301	307		Sec. 7940A.0307. NO EMINENT DOMAIN POWER. The district may
302	308		not exercise the power of eminent domain.
303	309		(b) This section is not intended to be an expression of a
304	310		legislative interpretation of the requirements of Section 17(c),
305	311		Article I, Texas Constitution.
306	312		SECTION 5. This Act takes effect immediately if it receives
307	313		a vote of two-thirds of all the members elected to each house, as
308	314		provided by Section 39, Article III, Texas Constitution. If this
309	315		Act does not receive the vote necessary for immediate effect, this
310	316		Act takes effect September 1, 2021.
311		-	______________________________ ______________________________
312		-	President of the Senate Speaker of the House
313		-	I certify that H.B. No. 4642 was passed by the House on May
314		-	14, 2021, by the following vote: Yeas 105, Nays 40, 2 present, not
315		-	voting.
316		-	______________________________
317		-	Chief Clerk of the House
318		-	I certify that H.B. No. 4642 was passed by the Senate on May
319		-	27, 2021, by the following vote: Yeas 30, Nays 1.
320		-	______________________________
321		-	Secretary of the Senate
322		-	APPROVED: _____________________
323		-	Date
324		-	_____________________
325		-	Governor
	317	+	* * * * *