Texas 2023 - 88th Regular

Texas Senate Bill SB2587 Compare Versions

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Version 2 (New)

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1	1	88R12777 LRM-F
2	2	By: Huffman S.B. No. 2587
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of Fort Bend County Municipal Utility
8	8	District No. 252; 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 7975A to read as follows:
14	14	CHAPTER 7975A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 252
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7975A.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 Fort Bend County Municipal
22	22	Utility District No. 252.
23	23	Sec. 7975A.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. 7975A.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. 7975A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	7975A.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 as required by
36	36	applicable law.
37	37	Sec. 7975A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
38	38	(a) The district is created to serve a public purpose and benefit.
39	39	(b) The district is created to accomplish the purposes of:
40	40	(1) a municipal utility district as provided by
41	41	general law and Section 59, Article XVI, Texas Constitution; and
42	42	(2) Section 52, Article III, Texas Constitution, that
43	43	relate to the construction, acquisition, improvement, operation,
44	44	or maintenance of macadamized, graveled, or paved roads, or
45	45	improvements, including storm drainage, in aid of those roads.
46	46	Sec. 7975A.0106. INITIAL DISTRICT TERRITORY. (a) The
47	47	district is initially composed of the territory described by
48	48	Section 2 of the Act enacting this chapter.
49	49	(b) The boundaries and field notes contained in Section 2 of
50	50	the Act enacting this chapter form a closure. A mistake made in the
51	51	field notes or in copying the field notes in the legislative process
52	52	does not affect the district's:
53	53	(1) organization, existence, or validity;
54	54	(2) right to issue any type of bond for the purposes
55	55	for which the district is created or to pay the principal of and
56	56	interest on a bond;
57	57	(3) right to impose a tax; or
58	58	(4) legality or operation.
59	59	SUBCHAPTER B. BOARD OF DIRECTORS
60	60	Sec. 7975A.0201. GOVERNING BODY; TERMS. (a) The district
61	61	is governed by a board of five elected directors.
62	62	(b) Except as provided by Section 7975A.0202, directors
63	63	serve staggered four-year terms.
64	64	Sec. 7975A.0202. TEMPORARY DIRECTORS. (a) The temporary
65	65	board consists of:
66	66	(1) Lester Binnick;
67	67	(2) Paul Bosin;
68	68	(3) Jessica Freedson;
69	69	(4) David Kaegebein; and
70	70	(5) Francisco Puentes.
71	71	(b) Temporary directors serve until the earlier of:
72	72	(1) the date permanent directors are elected under
73	73	Section 7975A.0103; or
74	74	(2) the fourth anniversary of the effective date of
75	75	the Act enacting this chapter.
76	76	(c) If permanent directors have not been elected under
77	77	Section 7975A.0103 and the terms of the temporary directors have
78	78	expired, successor temporary directors shall be appointed or
79	79	reappointed as provided by Subsection (d) to serve terms that
80	80	expire on the earlier of:
81	81	(1) the date permanent directors are elected under
82	82	Section 7975A.0103; or
83	83	(2) the fourth anniversary of the date of the
84	84	appointment or reappointment.
85	85	(d) If Subsection (c) applies, the owner or owners of a
86	86	majority of the assessed value of the real property in the district
87	87	may submit a petition to the commission requesting that the
88	88	commission appoint as successor temporary directors the five
89	89	persons named in the petition. The commission shall appoint as
90	90	successor temporary directors the five persons named in the
91	91	petition.
92	92	SUBCHAPTER C. POWERS AND DUTIES
93	93	Sec. 7975A.0301. GENERAL POWERS AND DUTIES. The district
94	94	has the powers and duties necessary to accomplish the purposes for
95	95	which the district is created.
96	96	Sec. 7975A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
97	97	DUTIES. The district has the powers and duties provided by the
98	98	general law of this state, including Chapters 49 and 54, Water Code,
99	99	applicable to municipal utility districts created under Section 59,
100	100	Article XVI, Texas Constitution.
101	101	Sec. 7975A.0303. AUTHORITY FOR ROAD PROJECTS. Under
102	102	Section 52, Article III, Texas Constitution, the district may
103	103	design, acquire, construct, finance, issue bonds for, improve,
104	104	operate, maintain, and convey to this state, a county, or a
105	105	municipality for operation and maintenance macadamized, graveled,
106	106	or paved roads, or improvements, including storm drainage, in aid
107	107	of those roads.
108	108	Sec. 7975A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
109	109	road project must meet all applicable construction standards,
110	110	zoning and subdivision requirements, and regulations of each
111	111	municipality in whose corporate limits or extraterritorial
112	112	jurisdiction the road project is located.
113	113	(b) If a road project is not located in the corporate limits
114	114	or extraterritorial jurisdiction of a municipality, the road
115	115	project must meet all applicable construction standards,
116	116	subdivision requirements, and regulations of each county in which
117	117	the road project is located.
118	118	(c) If the state will maintain and operate the road, the
119	119	Texas Transportation Commission must approve the plans and
120	120	specifications of the road project.
121	121	Sec. 7975A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
122	122	ORDINANCE OR RESOLUTION. The district shall comply with all
123	123	applicable requirements of any ordinance or resolution that is
124	124	adopted under Section 54.016 or 54.0165, Water Code, and that
125	125	consents to the creation of the district or to the inclusion of land
126	126	in the district.
127	127	Sec. 7975A.0306. DIVISION OF DISTRICT. (a) The board, on
128	128	its own motion or on receipt of a petition signed by the owner or
129	129	owners of a majority of the assessed value of the real property in
130	130	the district, may adopt an order dividing the district.
131	131	(b) An order dividing a district may create one or more new
132	132	districts and may provide for the continuation of the district.
133	133	(c) An order dividing the district shall:
134	134	(1) name any new district;
135	135	(2) include the metes and bounds description of the
136	136	territory of each of the districts;
137	137	(3) appoint temporary directors for any new district;
138	138	and
139	139	(4) provide for the division of assets and liabilities
140	140	between the districts.
141	141	(d) The board may adopt an order dividing the district
142	142	before or after the date the board holds an election to confirm the
143	143	district's creation.
144	144	(e) The district may be divided only if the district:
145	145	(1) has never issued any bonds; and
146	146	(2) is not imposing ad valorem taxes.
147	147	(f) A new district created by the division of the district
148	148	may not, at the time the new district is created, contain any land
149	149	outside the area described by Section 2 of the Act enacting this
150	150	chapter.
151	151	(g) On or before the 30th day after the date of adoption of
152	152	an order dividing the district, the district shall file the order
153	153	with the commission and record the order in the real property
154	154	records of each county in which the district is located.
155	155	(h) This chapter applies to any new district created by the
156	156	division of the district, and a new district has all the powers and
157	157	duties of the district.
158	158	(i) A new district created by the division of the district
159	159	shall hold a confirmation and directors' election.
160	160	(j) If the creation of the new district is confirmed, the
161	161	new district shall provide the election date and results to the
162	162	commission.
163	163	(k) A new district created by the division of the district
164	164	must hold an election as required by this chapter to obtain voter
165	165	approval before the district may impose a maintenance tax or issue
166	166	bonds payable wholly or partly from ad valorem taxes.
167	167	(l) The district may continue to rely on confirmation,
168	168	directors', bond, or tax elections held prior to the division.
169	169	(m) Municipal consent to the creation of the district and to
170	170	the inclusion of land in the district acts as municipal consent to
171	171	the creation of any new district created by the division of the
172	172	district and to the inclusion of land in the new district.
173	173	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
174	174	Sec. 7975A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
175	175	The district may issue, without an election, bonds and other
176	176	obligations secured by:
177	177	(1) revenue other than ad valorem taxes; or
178	178	(2) contract payments described by Section
179	179	7975A.0403.
180	180	(b) The district must hold an election in the manner
181	181	provided by Chapters 49 and 54, Water Code, to obtain voter approval
182	182	before the district may impose an ad valorem tax or issue bonds
183	183	payable from ad valorem taxes.
184	184	(c) The district may not issue bonds payable from ad valorem
185	185	taxes to finance a road project unless the issuance is approved by a
186	186	vote of a two-thirds majority of the district voters voting at an
187	187	election held for that purpose.
188	188	Sec. 7975A.0402. OPERATION AND MAINTENANCE TAX. (a) If
189	189	authorized at an election held under Section 7975A.0401, the
190	190	district may impose an operation and maintenance tax on taxable
191	191	property in the district in accordance with Section 49.107, Water
192	192	Code.
193	193	(b) The board shall determine the tax rate. The rate may not
194	194	exceed the rate approved at the election.
195	195	Sec. 7975A.0403. CONTRACT TAXES. (a) In accordance with
196	196	Section 49.108, Water Code, the district may impose a tax other than
197	197	an operation and maintenance tax and use the revenue derived from
198	198	the tax to make payments under a contract after the provisions of
199	199	the contract have been approved by a majority of the district voters
200	200	voting at an election held for that purpose.
201	201	(b) A contract approved by the district voters may contain a
202	202	provision stating that the contract may be modified or amended by
203	203	the board without further voter approval.
204	204	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
205	205	Sec. 7975A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
206	206	OBLIGATIONS. The district may issue bonds or other obligations
207	207	payable wholly or partly from ad valorem taxes, impact fees,
208	208	revenue, contract payments, grants, or other district money, or any
209	209	combination of those sources, to pay for any authorized district
210	210	purpose.
211	211	Sec. 7975A.0502. TAXES FOR BONDS. At the time the district
212	212	issues bonds payable wholly or partly from ad valorem taxes, the
213	213	board shall provide for the annual imposition of a continuing
214	214	direct ad valorem tax, without limit as to rate or amount, while all
215	215	or part of the bonds are outstanding as required and in the manner
216	216	provided by Sections 54.601 and 54.602, Water Code.
217	217	Sec. 7975A.0503. BONDS FOR ROAD PROJECTS. At the time of
218	218	issuance, the total principal amount of bonds or other obligations
219	219	issued or incurred to finance road projects and payable from ad
220	220	valorem taxes may not exceed one-fourth of the assessed value of the
221	221	real property in the district.
222	222	SECTION 2. Fort Bend County Municipal Utility District No.
223	223	252 initially includes all the territory contained in the following
224	224	area:
225	225	A FIELD NOTE DESCRIPTION of a 134.661 acre tract of land in
226	226	the H. & T.C. RR. Co. Survey, Section No. 35, Abstract No. 223, Fort
227	227	Bend County, Texas; said 134.661 acre tract of land being out of a
228	228	called 140.79 acre tract conveyed August and Charles Schendel
229	229	Properties LLC, as recorded in Fort Bend County Clerk's File
230	230	No. 2021000402; said tract being more particularly described by
231	231	metes-and-bounds as follows with the bearings being based on the
232	232	Texas State Plane Coordinate System, South Central Zone using
233	233	National Geodetic Survey Continuously Operating Reference
234	234	Stations:
235	235	COMMENCING FOR REFERENCE at a 1-inch iron pipe found in the
236	236	old northeast right-of-way line of State Highway 36 (100 feet wide)
237	237	for the south corner of a 3.2617 acre tract of land conveyed to
238	238	State of Texas, per the release of Judgement recorded in Case
239	239	No. 19-CCV-064214, for the west corner of a 2.118 acre tract
240	240	conveyed to The State of Texas, as recorded in Fort Bend County
241	241	Clerk's File No. 2018028140 and for a west corner of said 140.79
242	242	acre tract;
243	243	THENCE, North 41° 54' 36" East - 650.09 feet (called North 44°
244	244	58' East) to a 5/8-inch iron rod with cap stamped "T.E.A.M." set for
245	245	a southwest corner and POINT OF BEGINNING of this tract;
246	246	THENCE, North 41° 54' 36" East - 640.01 feet (called North 44°
247	247	58' East) to a 1-inch iron pipe found for the east corner of a 9.68
248	248	acre tract of land conveyed to Alton Meyen, as recorded in Volume
249	249	515, Page 214 of the Fort Bend County Deed Records and for an
250	250	interior corner of this tract;
251	251	THENCE, North 48° 02' 50" West - 1,316.27 feet (called North
252	252	44° 57' 20" West - 1,315.9 feet) to a 1-inch iron pipe found for the
253	253	north corner of a 6.773 acre tract of land conveyed to Consolidated
254	254	Youth Fair of Needville, as recorded in Volume 1890, Page 1188 of
255	255	the Fort Bend County Deed Records and for a west corner of this
256	256	tract;
257	257	THENCE, North 41° 42' 01" East - 463.14 feet (called North 44°
258	258	51' East - 462.6 feet) with the southeast line of a 16.66 acre tract
259	259	of land conveyed to City of Needville, as recorded in Fort Bend
260	260	County Clerk's File No. 1999056959 to a disturbed 1-inch iron pipe
261	261	found for the east corner of said 16.66 acre tract and for an
262	262	interior corner of this tract;
263	263	THENCE, North 48° 09' 10" West - 1,316.58 feet (called North
264	264	45° 03' 30" West - 1,317.05 feet) to a 1-inch iron pipe found for the
265	265	north corner of a 9.21 acre tract of land conveyed to Needville
266	266	Little League, Inc., as recorded in Fort Bend County Clerk's File
267	267	No. 2009006224 and for a west corner of this tract;
268	268	THENCE, North 40° 21' 18" East - 33.97 feet (called North 45°
269	269	East - 33.9 feet) with the southeast line of a 15.2157 acre tract of
270	270	land conveyed to Shafqat Ali, a married individual, as recorded in
271	271	Fort Bend County Clerk's File No. 2020168027 to a 1-inch iron pipe
272	272	found for a south corner of Stephen Street (50 feet wide), for an
273	273	east corner of said 15.2157 acre tract and for an angle point of
274	274	this tract;
275	275	THENCE, North 37° 27' 56" East - 49.94 feet (called North 36°
276	276	22' 30" East) with the southeast right-of-way line of said Stephen
277	277	Street to a 1-inch iron pipe found for an east corner of said
278	278	Stephen Street, for the south corner of Lot 'B', Block 4 of S. T.
279	279	Kneitz, Addition No. 1, as recorded in Volume 307, Page 472 of the
280	280	Fort Bend County Deed Records and for an angle point of this tract;
281	281	THENCE, North 41° 53' 16" East (called North 45° 35' East) with
282	282	the southeast line of said Lot 'B', at a distance of 200.02 feet pass
283	283	a 1-inch iron pipe found for the east corner of said Lot 'B' and for
284	284	the south corner of Lot 'A' of said Block 4 and continuing with the
285	285	southeast line of said Lot 'A', at a distance of 400.20 feet pass a
286	286	car axle found for a south corner of Antonia Street (45 feet wide)
287	287	and for the east corner of said Lot 'A' and continuing with the
288	288	southeast right-of-way line of said Antonia Street, at a distance
289	289	of 445.10 feet pass a 1-inch iron pipe found for the east corner of
290	290	said Antonia Street and for the south corner of a 1.12 acre tract of
291	291	land conveyed to Kanak Trust, as recorded in as recorded in Fort
292	292	Bend County Clerk's File No. 2002132832 and continuing with the
293	293	southeast line of said 1.12 acre tract for a total distance of
294	294	623.07 feet to a 1-inch iron pipe found for the east corner of said
295	295	1.12 acre tract, for the south corner of a 0.816 acre tract of land
296	296	conveyed to Daniel C. Pieper, et ux, as recorded in Volume 533, Page
297	297	456 of the Fort Bend County Deed Records and for an angle point of
298	298	this tract;
299	299	THENCE, North 40° 02' 10" East - 131.71 feet with the
300	300	southeast line of said 0.816 acre tract to a 1-inch iron pipe found
301	301	for the east corner of said 0.816 acre tract and for the north
302	302	corner of this tract;
303	303	THENCE, South 48° 04' 57" East (called South 44° 56' East) with
304	304	the southwest line of a 218.225 acre tract of land conveyed to Old
305	305	South Plantation, Inc., as recorded in Fort Bend County Clerk's
306	306	File No. 2015005996, at a distance of 1,334.49 feet pass a 5/8-inch
307	307	iron rod with cap found for the south corner of said 218.225 acre
308	308	tract and for the east corner of a 99 acre tract of land conveyed to
309	309	Joyce Buls Otto, et al, as recorded in Fort Bend County Clerk's File
310	310	No. 2011012028 and continuing for a total distance of 3,366.40 feet
311	311	to a 5/8-inch iron rod with cap stamped "T.E.A.M." set for an east
312	312	corner of this tract; from which a 1-inch iron pipe found in the
313	313	northwest right-of-way line of Needville-Fairchilds Road (80 feet
314	314	wide) for the east corner of said140.79 acre tract bears South 48°
315	315	04' 57" East - 569.52 feet;
316	316	THENCE, South 41° 55' 03" West - 46.63 feet to a 5/8-inch iron
317	317	rod with cap stamped "T.E.A.M." set for an angle point of this
318	318	tract;
319	319	THENCE, South 11° 59' 14" West - 509.73 feet to a 5/8-inch iron
320	320	rod with cap stamped "T.E.A.M." set for an angle point of this
321	321	tract;
322	322	THENCE, South 48° 18' 05" East - 317.05 feet to a 5/8-inch iron
323	323	rod with cap stamped "T.E.A.M." set in the northwest right-of-way
324	324	line of said Needville-Fairchilds Road for an east corner of this
325	325	tract;
326	326	THENCE, South 41° 41' 58" West - 2,036.28 feet (called South
327	327	44° 45' 30" West) with the northwest right-of-way line of said
328	328	Needville-Fairchilds Road to a 5/8-inch iron rod with cap stamped
329	329	"T.E.A.M." set at the intersection of the northwest right-of-way
330	330	line of said Needville-Fairchilds Road with the northeast
331	331	right-of-way line of said State Highway 36 for the east end of a
332	332	cutback at said intersection and for a south corner of this tract;
333	333	THENCE, South 87° 00' 19" West - 68.30 feet (called South 87°
334	334	00' 44" West - 55.80 feet) with said cutback to a 5/8-inch iron rod
335	335	with cap stamped "T.E.A.M." set for the west end of said cutback and
336	336	for a south corner of this tract;
337	337	THENCE, North 48° 01' 12" West - 601.74 feet (called North 48°
338	338	00' 47" West - 601.74 feet) with the northeast right-of-way line of
339	339	said State Highway 36 to a TxDOT disc found for a
340	340	point-of-curvature;
341	341	THENCE, in a northwesterly direction with the northeast
342	342	right-of-way line of said State Highway 36 and with a curve to the
343	343	left having a radius of 5,790.00 feet (called 5,7900.00 feet), a
344	344	central angle of 01° 08' 45" (called 01° 08' 45"), a length of 115.78
345	345	feet (called 115.78 feet) and a chord bearing North 48° 35' 35" West
346	346	- 115.78 feet (called North 48° 35' 10" West - 115.78 feet) to a
347	347	TxDOT disc found for a point-of-tangency;
348	348	THENCE, North 49° 09' 57" West - 409.61 feet (called North 49°
349	349	09' 32" West - 409.61 feet) with the northeast right-of-way line of
350	350	said State Highway 36 to a TxDOT disc found for an interior corner
351	351	of said 2.118 acre tract conveyed to the State of Texas and for a
352	352	west corner of this tract;
353	353	THENCE, North 38° 28' 29" East - 650.49 feet (called North 38°
354	354	28' 01" East - 650.47 feet) with said 2.118 acre tract to a TxDOT
355	355	disc found for an interior corner of this tract;
356	356	THENCE, North 54° 52' 51" West - 87.52 feet (called North 54°
357	357	52' 22" West - 86.85 feet) with said 2.118 acre tract to the POINT OF
358	358	BEGINNING and containing 134.661 acres of land.
359	359	SECTION 3. (a) The legal notice of the intention to
360	360	introduce this Act, setting forth the general substance of this
361	361	Act, has been published as provided by law, and the notice and a
362	362	copy of this Act have been furnished to all persons, agencies,
363	363	officials, or entities to which they are required to be furnished
364	364	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
365	365	Government Code.
366	366	(b) The governor, one of the required recipients, has
367	367	submitted the notice and Act to the Texas Commission on
368	368	Environmental Quality.
369	369	(c) The Texas Commission on Environmental Quality has filed
370	370	its recommendations relating to this Act with the governor, the
371	371	lieutenant governor, and the speaker of the house of
372	372	representatives within the required time.
373	373	(d) All requirements of the constitution and laws of this
374	374	state and the rules and procedures of the legislature with respect
375	375	to the notice, introduction, and passage of this Act are fulfilled
376	376	and accomplished.
377	377	SECTION 4. (a) If this Act does not receive a two-thirds
378	378	vote of all the members elected to each house, Subchapter C, Chapter
379	379	7975A, Special District Local Laws Code, as added by Section 1 of
380	380	this Act, is amended by adding Section 7975A.0307 to read as
381	381	follows:
382	382	Sec. 7975A.0307. NO EMINENT DOMAIN POWER. The district may
383	383	not exercise the power of eminent domain.
384	384	(b) This section is not intended to be an expression of a
385	385	legislative interpretation of the requirements of Section 17(c),
386	386	Article I, Texas Constitution.
387	387	SECTION 5. This Act takes effect immediately if it receives
388	388	a vote of two-thirds of all the members elected to each house, as
389	389	provided by Section 39, Article III, Texas Constitution. If this
390	390	Act does not receive the vote necessary for immediate effect, this
391	391	Act takes effect September 1, 2023.