Texas 2021 - 87th Regular

Texas Senate Bill SB2179 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R6173 SGM-F
2	2	By: Kolkhorst S.B. No. 2179
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Fort Bend County Municipal Utility
8	8	District No. 246; granting a limited power of eminent domain;
9	9	providing authority to issue bonds; providing authority to impose
10	10	assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 7996 to read as follows:
14	14	CHAPTER 7996. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 246
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7996.0101. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Fort Bend County Municipal
22	22	Utility District No. 246.
23	23	Sec. 7996.0102. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 7996.0103. CONFIRMATION AND DIRECTOR ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 7996.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	7996.0103 until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 7996.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 7996.0106. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 7996.0201. GOVERNING BODY; TERMS. (a) The district is
60	60	governed by a board of five elected directors.
61	61	(b) Except as provided by Section 7996.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 7996.0202. TEMPORARY DIRECTORS. (a) The temporary
64	64	board consists of:
65	65	(1) Andrew Chang;
66	66	(2) Lauren Sposato;
67	67	(3) Brian Taton;
68	68	(4) David Pereira; and
69	69	(5) Jason Jacob.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 7996.0103; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act enacting this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 7996.0103 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 7996.0103; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 7996.0301. GENERAL POWERS AND DUTIES. The district
93	93	has the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 7996.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 7996.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
101	101	52, Article III, Texas Constitution, the district may design,
102	102	acquire, construct, finance, issue bonds for, improve, operate,
103	103	maintain, and convey to this state, a county, or a municipality for
104	104	operation and maintenance macadamized, graveled, or paved roads, or
105	105	improvements, including storm drainage, in aid of those roads.
106	106	Sec. 7996.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	107	road project must meet all applicable construction standards,
108	108	zoning and subdivision requirements, and regulations of each
109	109	municipality in whose corporate limits or extraterritorial
110	110	jurisdiction the road project is located.
111	111	(b) If a road project is not located in the corporate limits
112	112	or extraterritorial jurisdiction of a municipality, the road
113	113	project must meet all applicable construction standards,
114	114	subdivision requirements, and regulations of each county in which
115	115	the road project is located.
116	116	(c) If the state will maintain and operate the road, the
117	117	Texas Transportation Commission must approve the plans and
118	118	specifications of the road project.
119	119	Sec. 7996.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120	120	ORDINANCE OR RESOLUTION. The district shall comply with all
121	121	applicable requirements of any ordinance or resolution that is
122	122	adopted under Section 54.016 or 54.0165, Water Code, and that
123	123	consents to the creation of the district or to the inclusion of land
124	124	in the district.
125	125	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	126	Sec. 7996.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
127	127	The district may issue, without an election, bonds and other
128	128	obligations secured by:
129	129	(1) revenue other than ad valorem taxes; or
130	130	(2) contract payments described by Section 7996.0403.
131	131	(b) The district must hold an election in the manner
132	132	provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	133	before the district may impose an ad valorem tax or issue bonds
134	134	payable from ad valorem taxes.
135	135	(c) The district may not issue bonds payable from ad valorem
136	136	taxes to finance a road project unless the issuance is approved by a
137	137	vote of a two-thirds majority of the district voters voting at an
138	138	election held for that purpose.
139	139	Sec. 7996.0402. OPERATION AND MAINTENANCE TAX. (a) If
140	140	authorized at an election held under Section 7996.0401, the
141	141	district may impose an operation and maintenance tax on taxable
142	142	property in the district in accordance with Section 49.107, Water
143	143	Code.
144	144	(b) The board shall determine the tax rate. The rate may not
145	145	exceed the rate approved at the election.
146	146	Sec. 7996.0403. CONTRACT TAXES. (a) In accordance with
147	147	Section 49.108, Water Code, the district may impose a tax other than
148	148	an operation and maintenance tax and use the revenue derived from
149	149	the tax to make payments under a contract after the provisions of
150	150	the contract have been approved by a majority of the district voters
151	151	voting at an election held for that purpose.
152	152	(b) A contract approved by the district voters may contain a
153	153	provision stating that the contract may be modified or amended by
154	154	the board without further voter approval.
155	155	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
156	156	Sec. 7996.0501. AUTHORITY TO ISSUE BONDS AND OTHER
157	157	OBLIGATIONS. The district may issue bonds or other obligations
158	158	payable wholly or partly from ad valorem taxes, impact fees,
159	159	revenue, contract payments, grants, or other district money, or any
160	160	combination of those sources, to pay for any authorized district
161	161	purpose.
162	162	Sec. 7996.0502. TAXES FOR BONDS. At the time the district
163	163	issues bonds payable wholly or partly from ad valorem taxes, the
164	164	board shall provide for the annual imposition of a continuing
165	165	direct ad valorem tax, without limit as to rate or amount, while all
166	166	or part of the bonds are outstanding as required and in the manner
167	167	provided by Sections 54.601 and 54.602, Water Code.
168	168	Sec. 7996.0503. BONDS FOR ROAD PROJECTS. At the time of
169	169	issuance, the total principal amount of bonds or other obligations
170	170	issued or incurred to finance road projects and payable from ad
171	171	valorem taxes may not exceed one-fourth of the assessed value of the
172	172	real property in the district.
173	173	SECTION 2. The Fort Bend County Municipal Utility District
174	174	No. 246 initially includes all the territory contained in the
175	175	following area:
176	176	A METES & BOUNDS description of a 167.7 acre tract of land in the
177	177	John Foster 2-1/2 Leagues Grant, Abstract 26, Fort Bend County,
178	178	Texas, being that certain called 166.17 acre tract recorded under
179	179	County Clerk's File Number 9619091, Official Public Records, Fort
180	180	Bend County, Texas, said called 166.17 acre tract being comprised
181	181	of the residue of a called 190.109 acre tract recorded in Volume
182	182	493, Page 363, Deed Records, Fort Bend County, Texas, a called 1.95
183	183	acre tract recorded in Volume 495, Page 702, Deed Records, Fort Bend
184	184	County, Texas, and the residue of a called 51.9 acre tract recorded
185	185	in Volume 493, Page 395, Deed Records, Fort Bend County, Texas, with
186	186	all bearings based upon the Texas Coordinate System of 1983, South
187	187	Central Zone, based upon GPS observations.
188	188	Beginning at a 1/2 inch iron pipe with cap marked "BGE" found in the
189	189	southwest right-of-way line of F. M. Highway 359 (called 100-feet
190	190	wide) for the east corner of said called 166.17 acre tract, same
191	191	being the north corner of an adjoining called 2.0870 acre tract
192	192	recorded in Volume 2331, Page 261, Official Records, Fort Bend
193	193	County, Texas, for the east corner and Place of Beginning of the
194	194	herein described tract, said point being at the intersection of the
195	195	southwest right-of-way line of F. M. Highway 359 and the northwest
196	196	right-of-way line of Foster Creek Drive, and being in the southwest
197	197	line of an adjoining called 0.246 acre tract in deed to the State of
198	198	Texas recorded in Volume 433, Page 182, Deed Records, Fort Bend
199	199	County, Texas;
200	200	Thence South 64 degrees 47 minutes 07 seconds West (called South 67
201	201	degrees 33 minutes 36 seconds West) along the southeast line of the
202	202	herein described tract and said called 166.17 acre tract, same
203	203	being the northwest line of said adjoining called 2.0870 acre
204	204	tract, 394.22 feet (called 393.49 feet) to a 2-inch iron pipe found
205	205	for angle point;
206	206	Thence South 64 degrees 12 minutes 08 seconds West (called South 66
207	207	degrees 57 minutes 54 seconds West) continuing along said line,
208	208	903.79 feet (called 903.21 feet) to a 1-inch iron pipe found for
209	209	angle point, said point being a west corner of said adjoining called
210	210	2.0870 acre tract, same being the east corner of an adjoining called
211	211	4.7984 acre tract recorded under County Clerk's File Number
212	212	2020009817, Official Public Records, Fort Bend County, Texas;
213	213	Thence South 65 degrees 23 minutes 33 seconds West (called South 68
214	214	degrees 09 minutes 19 seconds West) along the southeast line of the
215	215	herein described tract and said called 166.17 acre tract, same
216	216	being the northwest line of said adjoining called 4.7984 acre
217	217	tract, and the northwest line of the adjoining called 2.2476 acre
218	218	tract (Tract 1) recorded under County Clerk's File Number
219	219	2019076157, Official Public Records, Fort Bend County, Texas, being
220	220	the Northwest line of the adjoining Foster Creek Estates Section I
221	221	(unrecorded), 1,323.90 feet (called 1,323.75 feet) to a 3/4 inch
222	222	iron pipe found for a reentry corner to the herein described tract
223	223	and said called 166.17 acre tract, same being the northwest corner
224	224	of said adjoining called 2.2476 acre tract;
225	225	Thence South 00 degrees 32 minutes 24 seconds West (called South 03
226	226	degrees 18 minutes 10 seconds West) along the lower east line of the
227	227	herein described tract and said called 166.17 acre tract, at 150.33
228	228	feet pass a 5/8 inch iron rod with cap marked "Jones Carter
229	229	Reference Point" set on said line, and continuing for a total
230	230	distance of 200.33 feet (called 200.33 feet) to a point in the
231	231	centerline of Jones Creek for the southmost corner of the herein
232	232	described tract and said called 166.17 acre tract, said point being
233	233	in the north line of the adjoining Foster Island Estates
234	234	Subdivision, according to map or plat thereof recorded under County
235	235	Clerk's File Number 20040121, Plat Records, Fort Bend County,
236	236	Texas;
237	237	Thence along the common line of the herein described tract and said
238	238	adjoining Foster Island Estates Subdivision, and an adjoining
239	239	called 8.366 acre tract recorded under County Clerk's File Number
240	240	9896247, Official Public Records, Fort Bend County, Texas, the
241	241	adjoining Karaugh II Subdivision, according to map or plat thereof
242	242	recorded under Slide Number 1116-A, Plat Records, Fort Bend County,
243	243	Texas, the adjoining Karaugh I Subdivision, according to map or
244	244	plat thereof recorded under Slide Number 1492-B and 1493-A, Plat
245	245	Records, Fort Bend County, Texas, an adjoining called 7.7856 acre
246	246	tract recorded under County Clerk's File Number 2008003503,
247	247	Official Public Records, Fort Bend County, Texas, being Lots 18, 19
248	248	and 20 of Bella Vista Subdivision (unrecorded), and an adjoining
249	249	tract being called Lot 17 recorded under County Clerk's File Number
250	250	2003047705, Official Public Records, Fort Bend County, Texas, being
251	251	the centerline of Jones Creek, with the following meanders:
252	252	North 87 degrees 04 minutes 35 seconds West, 289.67
253	253	feet;
254	254	North 85 degrees 29 minutes 43 seconds West, 251.76
255	255	feet;
256	256	North 84 degrees 40 minutes 36 seconds West, 342.97
257	257	feet;
258	258	North 86 degrees 50 minutes 56 seconds West, 62.39
259	259	feet;
260	260	North 74 degrees 35 minutes 50 seconds West, 55.93
261	261	feet;
262	262	North 66 degrees 11 minutes 06 seconds West, 29.61
263	263	feet;
264	264	North 54 degrees 10 minutes 40 seconds West, 153.83
265	265	feet;
266	266	North 40 degrees 09 minutes 54 seconds West, 134.38
267	267	feet;
268	268	North 27 degrees 37 minutes 35 seconds West, 181.25
269	269	feet;
270	270	North 19 degrees 58 minutes 36 seconds West, 88.57
271	271	feet;
272	272	North 07 degrees 20 minutes 02 seconds West, 72.18
273	273	feet;
274	274	North 01 degree 44 minutes 42 seconds West, 81.65 feet;
275	275	North 06 degrees 08 minutes 04 seconds East, 124.80
276	276	feet;
277	277	North 15 degrees 03 minutes 32 seconds East, 127.07
278	278	feet;
279	279	North 17 degrees 42 minutes 04 seconds East, 161.56
280	280	feet;
281	281	North 16 degrees 13 minutes 50 seconds East, 258.44
282	282	feet;
283	283	North 16 degrees 18 minutes 33 seconds East, 155.30
284	284	feet;
285	285	North 10 degrees 25 minutes 11 seconds East, 268.61
286	286	feet;
287	287	North 11 degrees 22 minutes 10 seconds East, 221.57
288	288	feet;
289	289	North 00 degrees 44 minutes 27 seconds West, 73.43
290	290	feet;
291	291	North 00 degrees 35 minutes 53 seconds West, 227.47
292	292	feet;
293	293	North 00 degrees 33 minutes 29 seconds West, 338.43
294	294	feet to a point for the northwest corner of the herein
295	295	described tract and said called 166.17 acre tract,
296	296	same being the southwest corner of an adjoining called
297	297	55.876 acre tract recorded under County Clerk's File
298	298	Number 2019037877, Official Public Records, Fort Bend
299	299	County, Texas, said point being in the east line of the
300	300	aforementioned adjoining Lot 17;
301	301	Thence North 87 degrees 02 minutes 40 seconds East (called North 88
302	302	degrees 55 minutes 40 seconds East) along the north line of the
303	303	herein described tract and said called 166.17 acre tract, same
304	304	being the south line of said adjoining called 55.876 acre tract, the
305	305	south line of an adjoining called 5.5428 acre tract, an adjoining
306	306	called 1.419 acre tract, and an adjoining called 15.554 acre tract,
307	307	all recorded under County Clerk's File Number 2019037877, Official
308	308	Public Records, Fort Bend County, Texas, at 30.00 feet pass a 5/8
309	309	inch iron rod with cap marked "Jones Carter Reference Point" set
310	310	on said line, at 947.67 feet pass a 3/4 inch iron pipe found on said
311	311	line for the southeast corner of said adjoining called 1.419 acre
312	312	tract, same being the southwest corner of said adjoining called
313	313	50.554 acre tract, and continuing for a total distance of 1,455.77
314	314	feet (called 1,468.16 feet) to a 1/2 inch iron pipe with cap marked
315	315	"BGE" found for angle point, said point being the southeast corner
316	316	of said adjoining called 50.554 acre tract, same being the
317	317	southwest corner of an adjoining called 26.623 acre tract recorded
318	318	under County Clerk's File Number 2011089606, Official Public
319	319	Records, Fort Bend County, Texas;
320	320	Thence North 78 degrees 42 minutes 14 seconds East (called North 80
321	321	degrees 38 minutes 40 seconds East) along the north line of the
322	322	herein described tract and said called 166.17 acre tract, same
323	323	being the south line of said adjoining called 26.623 acre tract,
324	324	94.16 feet (called 94.16 feet) to a 1/2 inch iron pipe with cap
325	325	marked "BGE" found for angle point;
326	326	Thence North 85 degrees 27 minutes 59 seconds East (called North 87
327	327	degrees 21 minutes 10 seconds East) continuing along said line,
328	328	1,232.81 feet (called 1,232.98 feet) to a 1/2 inch iron pipe with
329	329	cap marked "BGE" found for the northeast corner of the herein
330	330	described tract and said called 166.17 acre tract, same being the
331	331	southeast corner of said adjoining called 26.623 acre tract, and
332	332	being in the southwest right-of-way line of F. M. Highway 359, being
333	333	the southwest line of an adjoining called 0.084 acre tract in deed
334	334	to the State of Texas recorded in Volume 433, Page 185, Deed
335	335	Records, Fort Bend County, Texas;
336	336	Thence South 23 degrees 48 minutes 05 seconds East (adjoiner called
337	337	South 22 degrees 09 minutes East) along the northeast line of the
338	338	herein described tract and said called 166.17 acre tract, same
339	339	being the southwest right-of-way line of F. M. Highway 359, 571.26
340	340	feet (adjoiner called 577.0 feet) to a concrete monument found for
341	341	angle point;
342	342	Thence South 24 degrees 24 minutes 26 seconds East (adjoiner called
343	343	South 22 degrees 47 minutes East) continuing along said line, at
344	344	84.92 feet pass a 1/2 inch iron rod found 1.36 feet left of said
345	345	line, at 118.14 feet pass a 1/2 inch iron pipe with cap marked "BGE"
346	346	found 0.98 feet right of said line, at 821.48 feet pass a concrete
347	347	monument found on said line, and continuing for a total distance of
348	348	1,054.61 feet to the Place of Beginning and containing 167.7 acres
349	349	of land, more or less.
350	350	SECTION 3. (a) The legal notice of the intention to
351	351	introduce this Act, setting forth the general substance of this
352	352	Act, has been published as provided by law, and the notice and a
353	353	copy of this Act have been furnished to all persons, agencies,
354	354	officials, or entities to which they are required to be furnished
355	355	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
356	356	Government Code.
357	357	(b) The governor, one of the required recipients, has
358	358	submitted the notice and Act to the Texas Commission on
359	359	Environmental Quality.
360	360	(c) The Texas Commission on Environmental Quality has filed
361	361	its recommendations relating to this Act with the governor, the
362	362	lieutenant governor, and the speaker of the house of
363	363	representatives within the required time.
364	364	(d) All requirements of the constitution and laws of this
365	365	state and the rules and procedures of the legislature with respect
366	366	to the notice, introduction, and passage of this Act are fulfilled
367	367	and accomplished.
368	368	SECTION 4. (a) If this Act does not receive a two-thirds
369	369	vote of all the members elected to each house, Subchapter C, Chapter
370	370	7996, Special District Local Laws Code, as added by Section 1 of
371	371	this Act, is amended by adding Section 7996.0306 to read as follows:
372	372	Sec. 7996.0306. NO EMINENT DOMAIN POWER. The district may
373	373	not exercise the power of eminent domain.
374	374	(b) This section is not intended to be an expression of a
375	375	legislative interpretation of the requirements of Section 17(c),
376	376	Article I, Texas Constitution.
377	377	SECTION 5. This Act takes effect immediately if it receives
378	378	a vote of two-thirds of all the members elected to each house, as
379	379	provided by Section 39, Article III, Texas Constitution. If this
380	380	Act does not receive the vote necessary for immediate effect, this
381	381	Act takes effect September 1, 2021.