Texas 2023 - 88th Regular

Texas House Bill HB5333 Compare Versions

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Version 2 (New)

Old	New	Differences
1	1	H.B. No. 5333
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of Fort Bend County Municipal Utility
6	6	District No. 252; granting a limited power of eminent domain;
7	7	providing authority to issue bonds; providing authority to impose
8	8	assessments, fees, and taxes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 7975A to read as follows:
12	12	CHAPTER 7975A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 252
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 7975A.0101. DEFINITIONS. In this chapter:
15	15	(1) "Board" means the district's board of directors.
16	16	(2) "Commission" means the Texas Commission on
17	17	Environmental Quality.
18	18	(3) "Director" means a board member.
19	19	(4) "District" means Fort Bend County Municipal
20	20	Utility District No. 252.
21	21	Sec. 7975A.0102. NATURE OF DISTRICT. The district is a
22	22	municipal utility district created under Section 59, Article XVI,
23	23	Texas Constitution.
24	24	Sec. 7975A.0103. CONFIRMATION AND DIRECTOR ELECTION
25	25	REQUIRED. The temporary directors shall hold an election to
26	26	confirm the creation of the district and to elect five permanent
27	27	directors as provided by Section 49.102, Water Code.
28	28	Sec. 7975A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	29	temporary directors may not hold an election under Section
30	30	7975A.0103 until each municipality in whose corporate limits or
31	31	extraterritorial jurisdiction the district is located has
32	32	consented by ordinance or resolution to the creation of the
33	33	district and to the inclusion of land in the district as required by
34	34	applicable law.
35	35	Sec. 7975A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	36	(a) The district is created to serve a public purpose and benefit.
37	37	(b) The district is created to accomplish the purposes of:
38	38	(1) a municipal utility district as provided by
39	39	general law and Section 59, Article XVI, Texas Constitution; and
40	40	(2) Section 52, Article III, Texas Constitution, that
41	41	relate to the construction, acquisition, improvement, operation,
42	42	or maintenance of macadamized, graveled, or paved roads, or
43	43	improvements, including storm drainage, in aid of those roads.
44	44	Sec. 7975A.0106. INITIAL DISTRICT TERRITORY. (a) The
45	45	district is initially composed of the territory described by
46	46	Section 2 of the Act enacting this chapter.
47	47	(b) The boundaries and field notes contained in Section 2 of
48	48	the Act enacting this chapter form a closure. A mistake made in the
49	49	field notes or in copying the field notes in the legislative process
50	50	does not affect the district's:
51	51	(1) organization, existence, or validity;
52	52	(2) right to issue any type of bond for the purposes
53	53	for which the district is created or to pay the principal of and
54	54	interest on a bond;
55	55	(3) right to impose a tax; or
56	56	(4) legality or operation.
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 7975A.0201. GOVERNING BODY; TERMS. (a) The district
59	59	is governed by a board of five elected directors.
60	60	(b) Except as provided by Section 7975A.0202, directors
61	61	serve staggered four-year terms.
62	62	Sec. 7975A.0202. TEMPORARY DIRECTORS. (a) The temporary
63	63	board consists of:
64	64	(1) Lester Binnick;
65	65	(2) Paul Bosin;
66	66	(3) Jessica Freedson;
67	67	(4) David Kaegebein; and
68	68	(5) Francisco Puentes.
69	69	(b) Temporary directors serve until the earlier of:
70	70	(1) the date permanent directors are elected under
71	71	Section 7975A.0103; or
72	72	(2) the fourth anniversary of the effective date of
73	73	the Act enacting this chapter.
74	74	(c) If permanent directors have not been elected under
75	75	Section 7975A.0103 and the terms of the temporary directors have
76	76	expired, successor temporary directors shall be appointed or
77	77	reappointed as provided by Subsection (d) to serve terms that
78	78	expire on the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 7975A.0103; or
81	81	(2) the fourth anniversary of the date of the
82	82	appointment or reappointment.
83	83	(d) If Subsection (c) applies, the owner or owners of a
84	84	majority of the assessed value of the real property in the district
85	85	may submit a petition to the commission requesting that the
86	86	commission appoint as successor temporary directors the five
87	87	persons named in the petition. The commission shall appoint as
88	88	successor temporary directors the five persons named in the
89	89	petition.
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 7975A.0301. GENERAL POWERS AND DUTIES. The district
92	92	has the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 7975A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 7975A.0303. AUTHORITY FOR ROAD PROJECTS. Under
100	100	Section 52, Article III, Texas Constitution, the district may
101	101	design, acquire, construct, finance, issue bonds for, improve,
102	102	operate, maintain, and convey to this state, a county, or a
103	103	municipality for operation and maintenance macadamized, graveled,
104	104	or paved roads, or improvements, including storm drainage, in aid
105	105	of those roads.
106	106	Sec. 7975A.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. 7975A.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	Sec. 7975A.0306. DIVISION OF DISTRICT. (a) The board, on
126	126	its own motion or on receipt of a petition signed by the owner or
127	127	owners of a majority of the assessed value of the real property in
128	128	the district, may adopt an order dividing the district.
129	129	(b) An order dividing a district may create one or more new
130	130	districts and may provide for the continuation of the district.
131	131	(c) An order dividing the district shall:
132	132	(1) name any new district;
133	133	(2) include the metes and bounds description of the
134	134	territory of each of the districts;
135	135	(3) appoint temporary directors for any new district;
136	136	and
137	137	(4) provide for the division of assets and liabilities
138	138	between the districts.
139	139	(d) The board may adopt an order dividing the district
140	140	before or after the date the board holds an election to confirm the
141	141	district's creation.
142	142	(e) The district may be divided only if the district:
143	143	(1) has never issued any bonds; and
144	144	(2) is not imposing ad valorem taxes.
145	145	(f) A new district created by the division of the district
146	146	may not, at the time the new district is created, contain any land
147	147	outside the area described by Section 2 of the Act enacting this
148	148	chapter.
149	149	(g) On or before the 30th day after the date of adoption of
150	150	an order dividing the district, the district shall file the order
151	151	with the commission and record the order in the real property
152	152	records of each county in which the district is located.
153	153	(h) This chapter applies to any new district created by the
154	154	division of the district, and a new district has all the powers and
155	155	duties of the district.
156	156	(i) A new district created by the division of the district
157	157	shall hold a confirmation and directors' election.
158	158	(j) If the creation of the new district is confirmed, the
159	159	new district shall provide the election date and results to the
160	160	commission.
161	161	(k) A new district created by the division of the district
162	162	must hold an election as required by this chapter to obtain voter
163	163	approval before the district may impose a maintenance tax or issue
164	164	bonds payable wholly or partly from ad valorem taxes.
165	165	(l) The district may continue to rely on confirmation,
166	166	directors', bond, or tax elections held prior to the division.
167	167	(m) Municipal consent to the creation of the district and to
168	168	the inclusion of land in the district acts as municipal consent to
169	169	the creation of any new district created by the division of the
170	170	district and to the inclusion of land in the new district.
171	171	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
172	172	Sec. 7975A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
173	173	The district may issue, without an election, bonds and other
174	174	obligations secured by:
175	175	(1) revenue other than ad valorem taxes; or
176	176	(2) contract payments described by Section
177	177	7975A.0403.
178	178	(b) The district must hold an election in the manner
179	179	provided by Chapters 49 and 54, Water Code, to obtain voter approval
180	180	before the district may impose an ad valorem tax or issue bonds
181	181	payable from ad valorem taxes.
182	182	(c) The district may not issue bonds payable from ad valorem
183	183	taxes to finance a road project unless the issuance is approved by a
184	184	vote of a two-thirds majority of the district voters voting at an
185	185	election held for that purpose.
186	186	Sec. 7975A.0402. OPERATION AND MAINTENANCE TAX. (a) If
187	187	authorized at an election held under Section 7975A.0401, the
188	188	district may impose an operation and maintenance tax on taxable
189	189	property in the district in accordance with Section 49.107, Water
190	190	Code.
191	191	(b) The board shall determine the tax rate. The rate may not
192	192	exceed the rate approved at the election.
193	193	Sec. 7975A.0403. CONTRACT TAXES. (a) In accordance with
194	194	Section 49.108, Water Code, the district may impose a tax other than
195	195	an operation and maintenance tax and use the revenue derived from
196	196	the tax to make payments under a contract after the provisions of
197	197	the contract have been approved by a majority of the district voters
198	198	voting at an election held for that purpose.
199	199	(b) A contract approved by the district voters may contain a
200	200	provision stating that the contract may be modified or amended by
201	201	the board without further voter approval.
202	202	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
203	203	Sec. 7975A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
204	204	OBLIGATIONS. The district may issue bonds or other obligations
205	205	payable wholly or partly from ad valorem taxes, impact fees,
206	206	revenue, contract payments, grants, or other district money, or any
207	207	combination of those sources, to pay for any authorized district
208	208	purpose.
209	209	Sec. 7975A.0502. TAXES FOR BONDS. At the time the district
210	210	issues bonds payable wholly or partly from ad valorem taxes, the
211	211	board shall provide for the annual imposition of a continuing
212	212	direct ad valorem tax, without limit as to rate or amount, while all
213	213	or part of the bonds are outstanding as required and in the manner
214	214	provided by Sections 54.601 and 54.602, Water Code.
215	215	Sec. 7975A.0503. BONDS FOR ROAD PROJECTS. At the time of
216	216	issuance, the total principal amount of bonds or other obligations
217	217	issued or incurred to finance road projects and payable from ad
218	218	valorem taxes may not exceed one-fourth of the assessed value of the
219	219	real property in the district.
220	220	SECTION 2. Fort Bend County Municipal Utility District No.
221	221	252 initially includes all the territory contained in the following
222	222	area:
223	223	A FIELD NOTE DESCRIPTION of a 134.661 acre tract of land in
224	224	the H. & T.C. RR. Co. Survey, Section No. 35, Abstract No. 223, Fort
225	225	Bend County, Texas; said 134.661 acre tract of land being out of a
226	226	called 140.79 acre tract conveyed August and Charles Schendel
227	227	Properties LLC, as recorded in Fort Bend County Clerk's File
228	228	No. 2021000402; said tract being more particularly described by
229	229	metes-and-bounds as follows with the bearings being based on the
230	230	Texas State Plane Coordinate System, South Central Zone using
231	231	National Geodetic Survey Continuously Operating Reference
232	232	Stations:
233	233	COMMENCING FOR REFERENCE at a 1-inch iron pipe found in the
234	234	old northeast right-of-way line of State Highway 36 (100 feet wide)
235	235	for the south corner of a 3.2617 acre tract of land conveyed to
236	236	State of Texas, per the release of Judgement recorded in Case
237	237	No. 19-CCV-064214, for the west corner of a 2.118 acre tract
238	238	conveyed to The State of Texas, as recorded in Fort Bend County
239	239	Clerk's File No. 2018028140 and for a west corner of said 140.79
240	240	acre tract;
241	241	THENCE, North 41° 54' 36" East - 650.09 feet (called North 44°
242	242	58' East) to a 5/8-inch iron rod with cap stamped "T.E.A.M." set for
243	243	a southwest corner and POINT OF BEGINNING of this tract;
244	244	THENCE, North 41° 54' 36" East - 640.01 feet (called North 44°
245	245	58' East) to a 1-inch iron pipe found for the east corner of a 9.68
246	246	acre tract of land conveyed to Alton Meyen, as recorded in Volume
247	247	515, Page 214 of the Fort Bend County Deed Records and for an
248	248	interior corner of this tract;
249	249	THENCE, North 48° 02' 50" West - 1,316.27 feet (called North
250	250	44° 57' 20" West - 1,315.9 feet) to a 1-inch iron pipe found for the
251	251	north corner of a 6.773 acre tract of land conveyed to Consolidated
252	252	Youth Fair of Needville, as recorded in Volume 1890, Page 1188 of
253	253	the Fort Bend County Deed Records and for a west corner of this
254	254	tract;
255	255	THENCE, North 41° 42' 01" East - 463.14 feet (called North 44°
256	256	51' East - 462.6 feet) with the southeast line of a 16.66 acre tract
257	257	of land conveyed to City of Needville, as recorded in Fort Bend
258	258	County Clerk's File No. 1999056959 to a disturbed 1-inch iron pipe
259	259	found for the east corner of said 16.66 acre tract and for an
260	260	interior corner of this tract;
261	261	THENCE, North 48° 09' 10" West - 1,316.58 feet (called North
262	262	45° 03' 30" West - 1,317.05 feet) to a 1-inch iron pipe found for the
263	263	north corner of a 9.21 acre tract of land conveyed to Needville
264	264	Little League, Inc., as recorded in Fort Bend County Clerk's File
265	265	No. 2009006224 and for a west corner of this tract;
266	266	THENCE, North 40° 21' 18" East - 33.97 feet (called North 45°
267	267	East - 33.9 feet) with the southeast line of a 15.2157 acre tract of
268	268	land conveyed to Shafqat Ali, a married individual, as recorded in
269	269	Fort Bend County Clerk's File No. 2020168027 to a 1-inch iron pipe
270	270	found for a south corner of Stephen Street (50 feet wide), for an
271	271	east corner of said 15.2157 acre tract and for an angle point of
272	272	this tract;
273	273	THENCE, North 37° 27' 56" East - 49.94 feet (called North 36°
274	274	22' 30" East) with the southeast right-of-way line of said Stephen
275	275	Street to a 1-inch iron pipe found for an east corner of said
276	276	Stephen Street, for the south corner of Lot 'B', Block 4 of S. T.
277	277	Kneitz, Addition No. 1, as recorded in Volume 307, Page 472 of the
278	278	Fort Bend County Deed Records and for an angle point of this tract;
279	279	THENCE, North 41° 53' 16" East (called North 45° 35' East) with
280	280	the southeast line of said Lot 'B', at a distance of 200.02 feet pass
281	281	a 1-inch iron pipe found for the east corner of said Lot 'B' and for
282	282	the south corner of Lot 'A' of said Block 4 and continuing with the
283	283	southeast line of said Lot 'A', at a distance of 400.20 feet pass a
284	284	car axle found for a south corner of Antonia Street (45 feet wide)
285	285	and for the east corner of said Lot 'A' and continuing with the
286	286	southeast right-of-way line of said Antonia Street, at a distance
287	287	of 445.10 feet pass a 1-inch iron pipe found for the east corner of
288	288	said Antonia Street and for the south corner of a 1.12 acre tract of
289	289	land conveyed to Kanak Trust, as recorded in as recorded in Fort
290	290	Bend County Clerk's File No. 2002132832 and continuing with the
291	291	southeast line of said 1.12 acre tract for a total distance of
292	292	623.07 feet to a 1-inch iron pipe found for the east corner of said
293	293	1.12 acre tract, for the south corner of a 0.816 acre tract of land
294	294	conveyed to Daniel C. Pieper, et ux, as recorded in Volume 533, Page
295	295	456 of the Fort Bend County Deed Records and for an angle point of
296	296	this tract;
297	297	THENCE, North 40° 02' 10" East - 131.71 feet with the
298	298	southeast line of said 0.816 acre tract to a 1-inch iron pipe found
299	299	for the east corner of said 0.816 acre tract and for the north
300	300	corner of this tract;
301	301	THENCE, South 48° 04' 57" East (called South 44° 56' East) with
302	302	the southwest line of a 218.225 acre tract of land conveyed to Old
303	303	South Plantation, Inc., as recorded in Fort Bend County Clerk's
304	304	File No. 2015005996, at a distance of 1,334.49 feet pass a 5/8-inch
305	305	iron rod with cap found for the south corner of said 218.225 acre
306	306	tract and for the east corner of a 99 acre tract of land conveyed to
307	307	Joyce Buls Otto, et al, as recorded in Fort Bend County Clerk's File
308	308	No. 2011012028 and continuing for a total distance of 3,366.40 feet
309	309	to a 5/8-inch iron rod with cap stamped "T.E.A.M." set for an east
310	310	corner of this tract; from which a 1-inch iron pipe found in the
311	311	northwest right-of-way line of Needville-Fairchilds Road (80 feet
312	312	wide) for the east corner of said140.79 acre tract bears South 48°
313	313	04' 57" East - 569.52 feet;
314	314	THENCE, South 41° 55' 03" West - 46.63 feet to a 5/8-inch iron
315	315	rod with cap stamped "T.E.A.M." set for an angle point of this
316	316	tract;
317	317	THENCE, South 11° 59' 14" West - 509.73 feet to a 5/8-inch iron
318	318	rod with cap stamped "T.E.A.M." set for an angle point of this
319	319	tract;
320	320	THENCE, South 48° 18' 05" East - 317.05 feet to a 5/8-inch iron
321	321	rod with cap stamped "T.E.A.M." set in the northwest right-of-way
322	322	line of said Needville-Fairchilds Road for an east corner of this
323	323	tract;
324	324	THENCE, South 41° 41' 58" West - 2,036.28 feet (called South
325	325	44° 45' 30" West) with the northwest right-of-way line of said
326	326	Needville-Fairchilds Road to a 5/8-inch iron rod with cap stamped
327	327	"T.E.A.M." set at the intersection of the northwest right-of-way
328	328	line of said Needville-Fairchilds Road with the northeast
329	329	right-of-way line of said State Highway 36 for the east end of a
330	330	cutback at said intersection and for a south corner of this tract;
331	331	THENCE, South 87° 00' 19" West - 68.30 feet (called South 87°
332	332	00' 44" West - 55.80 feet) with said cutback to a 5/8-inch iron rod
333	333	with cap stamped "T.E.A.M." set for the west end of said cutback and
334	334	for a south corner of this tract;
335	335	THENCE, North 48° 01' 12" West - 601.74 feet (called North 48°
336	336	00' 47" West - 601.74 feet) with the northeast right-of-way line of
337	337	said State Highway 36 to a TxDOT disc found for a
338	338	point-of-curvature;
339	339	THENCE, in a northwesterly direction with the northeast
340	340	right-of-way line of said State Highway 36 and with a curve to the
341	341	left having a radius of 5,790.00 feet (called 5,7900.00 feet), a
342	342	central angle of 01° 08' 45" (called 01° 08' 45"), a length of 115.78
343	343	feet (called 115.78 feet) and a chord bearing North 48° 35' 35" West
344	344	- 115.78 feet (called North 48° 35' 10" West - 115.78 feet) to a
345	345	TxDOT disc found for a point-of-tangency;
346	346	THENCE, North 49° 09' 57" West - 409.61 feet (called North 49°
347	347	09' 32" West - 409.61 feet) with the northeast right-of-way line of
348	348	said State Highway 36 to a TxDOT disc found for an interior corner
349	349	of said 2.118 acre tract conveyed to the State of Texas and for a
350	350	west corner of this tract;
351	351	THENCE, North 38° 28' 29" East - 650.49 feet (called North 38°
352	352	28' 01" East - 650.47 feet) with said 2.118 acre tract to a TxDOT
353	353	disc found for an interior corner of this tract;
354	354	THENCE, North 54° 52' 51" West - 87.52 feet (called North 54°
355	355	52' 22" West - 86.85 feet) with said 2.118 acre tract to the POINT OF
356	356	BEGINNING and containing 134.661 acres of land.
357	357	SECTION 3. (a) The legal notice of the intention to
358	358	introduce this Act, setting forth the general substance of this
359	359	Act, has been published as provided by law, and the notice and a
360	360	copy of this Act have been furnished to all persons, agencies,
361	361	officials, or entities to which they are required to be furnished
362	362	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
363	363	Government Code.
364	364	(b) The governor, one of the required recipients, has
365	365	submitted the notice and Act to the Texas Commission on
366	366	Environmental Quality.
367	367	(c) The Texas Commission on Environmental Quality has filed
368	368	its recommendations relating to this Act with the governor, the
369	369	lieutenant governor, and the speaker of the house of
370	370	representatives within the required time.
371	371	(d) All requirements of the constitution and laws of this
372	372	state and the rules and procedures of the legislature with respect
373	373	to the notice, introduction, and passage of this Act are fulfilled
374	374	and accomplished.
375	375	SECTION 4. (a) If this Act does not receive a two-thirds
376	376	vote of all the members elected to each house, Subchapter C, Chapter
377	377	7975A, Special District Local Laws Code, as added by Section 1 of
378	378	this Act, is amended by adding Section 7975A.0307 to read as
379	379	follows:
380	380	Sec. 7975A.0307. NO EMINENT DOMAIN POWER. The district may
381	381	not exercise the power of eminent domain.
382	382	(b) This section is not intended to be an expression of a
383	383	legislative interpretation of the requirements of Section 17(c),
384	384	Article I, Texas Constitution.
385	385	SECTION 5. This Act takes effect immediately if it receives
386	386	a vote of two-thirds of all the members elected to each house, as
387	387	provided by Section 39, Article III, Texas Constitution. If this
388	388	Act does not receive the vote necessary for immediate effect, this
389	389	Act takes effect September 1, 2023.
390	390	______________________________ ______________________________
391	391	President of the Senate Speaker of the House
392	392	I certify that H.B. No. 5333 was passed by the House on May
393	393	12, 2023, by the following vote: Yeas 116, Nays 24, 2 present, not
394	394	voting.
395	395	______________________________
396	396	Chief Clerk of the House
397	397	I certify that H.B. No. 5333 was passed by the Senate on May
398	398	24, 2023, by the following vote: Yeas 27, Nays 3, 1 present, not
399	399	voting.
400	400	______________________________
401	401	Secretary of the Senate
402	402	APPROVED: _____________________
403	403	Date
404	404	_____________________
405	405	Governor