Texas 2025 - 89th Regular

Texas House Bill HB5661 Compare Versions

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Old	New	Differences
1	1	89R10618 MP-F
2	2	By: Gates H.B. No. 5661
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6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Fort Bend County Municipal Utility
10	10	District No. 286; granting a limited power of eminent domain;
11	11	providing authority to issue bonds; providing authority to impose
12	12	assessments, fees, and taxes.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subtitle F, Title 6, Special District Local Laws
15	15	Code, is amended by adding Chapter 8017A to read as follows:
16	16	CHAPTER 8017A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT
17	17	NO. 286
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	Sec. 8017A.0101. DEFINITIONS. In this chapter:
20	20	(1) "Board" means the district's board of directors.
21	21	(2) "City" means the City of Rosenberg, Texas.
22	22	(3) "Commission" means the Texas Commission on
23	23	Environmental Quality.
24	24	(4) "Director" means a board member.
25	25	(5) "District" means the Fort Bend County Municipal
26	26	Utility District No. 286.
27	27	Sec. 8017A.0102. NATURE OF DISTRICT. The district is a
28	28	municipal utility district created under Section 59, Article XVI,
29	29	Texas Constitution.
30	30	Sec. 8017A.0103. CONFIRMATION AND DIRECTOR ELECTION
31	31	REQUIRED. The temporary directors shall hold an election to
32	32	confirm the creation of the district and to elect five permanent
33	33	directors as provided by Section 49.102, Water Code.
34	34	Sec. 8017A.0104. CONSENT OF MUNICIPALITY AND DEVELOPMENT
35	35	AGREEMENT REQUIRED. (a) The temporary directors may not hold an
36	36	election under Section 8017A.0103 or to authorize the issuance of
37	37	bonds until:
38	38	(1) the governing body of the city by ordinance or
39	39	resolution consents to the creation of the district and to the
40	40	inclusion of land in the district; and
41	41	(2) the district, the city, and the owner or owners of
42	42	a majority of the assessed value of real property in the district
43	43	negotiate and execute a mutually approved and accepted development
44	44	and operating agreement, including any limitations imposed by the
45	45	city.
46	46	(b) The city's consent under Subsection (a) must be granted
47	47	in the manner provided by Section 54.016, Water Code, for including
48	48	land within the corporate limits or extraterritorial jurisdiction
49	49	of a city.
50	50	Sec. 8017A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
51	51	(a) The district is created to serve a public purpose and benefit.
52	52	(b) The district is created to accomplish the purposes of:
53	53	(1) a municipal utility district as provided by
54	54	general law and Section 59, Article XVI, Texas Constitution; and
55	55	(2) Section 52, Article III, Texas Constitution, that
56	56	relate to the construction, acquisition, improvement, operation,
57	57	or maintenance of macadamized, graveled, or paved roads, or
58	58	improvements, including storm drainage, in aid of those roads.
59	59	Sec. 8017A.0106. INITIAL DISTRICT TERRITORY. (a) The
60	60	district is initially composed of the territory described by
61	61	Section 2 of the Act enacting this chapter.
62	62	(b) The boundaries and field notes contained in Section 2 of
63	63	the Act enacting this chapter form a closure. A mistake made in the
64	64	field notes or in copying the field notes in the legislative process
65	65	does not affect the district's:
66	66	(1) organization, existence, or validity;
67	67	(2) right to issue any type of bond for the purposes
68	68	for which the district is created or to pay the principal of and
69	69	interest on a bond;
70	70	(3) right to impose a tax; or
71	71	(4) legality or operation.
72	72	SUBCHAPTER B. BOARD OF DIRECTORS
73	73	Sec. 8017A.0201. GOVERNING BODY; TERMS. (a) The district
74	74	is governed by a board of five elected directors.
75	75	(b) Except as provided by Section 8017A.0202, directors
76	76	serve staggered four-year terms.
77	77	Sec. 8017A.0202. TEMPORARY DIRECTORS. (a) On or after the
78	78	effective date of the Act enacting this chapter, the owner or owners
79	79	of a majority of the assessed value of the real property in the
80	80	district may submit a petition to the commission requesting that
81	81	the commission appoint as temporary directors the five persons
82	82	named in the petition. The commission shall appoint as temporary
83	83	directors the five persons named in the petition.
84	84	(b) Temporary directors serve until the earlier of:
85	85	(1) the date permanent directors are elected under
86	86	Section 8017A.0103; or
87	87	(2) the fourth anniversary of the effective date of
88	88	the Act enacting this chapter.
89	89	(c) If permanent directors have not been elected under
90	90	Section 8017A.0103 and the terms of the temporary directors have
91	91	expired, successor temporary directors shall be appointed or
92	92	reappointed as provided by Subsection (d) to serve terms that
93	93	expire on the earlier of:
94	94	(1) the date permanent directors are elected under
95	95	Section 8017A.0103; or
96	96	(2) the fourth anniversary of the date of the
97	97	appointment or reappointment.
98	98	(d) If Subsection (c) applies, the owner or owners of a
99	99	majority of the assessed value of the real property in the district
100	100	may submit a petition to the commission requesting that the
101	101	commission appoint as successor temporary directors the five
102	102	persons named in the petition. The commission shall appoint as
103	103	successor temporary directors the five persons named in the
104	104	petition.
105	105	SUBCHAPTER C. POWERS AND DUTIES
106	106	Sec. 8017A.0301. GENERAL POWERS AND DUTIES. The district
107	107	has the powers and duties necessary to accomplish the purposes for
108	108	which the district is created.
109	109	Sec. 8017A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
110	110	DUTIES. The district has the powers and duties provided by the
111	111	general law of this state, including Section 52, Article III, Texas
112	112	Constitution, and Chapters 49 and 54, Water Code, applicable to
113	113	municipal utility districts created under Section 59, Article XVI,
114	114	Texas Constitution.
115	115	Sec. 8017A.0303. AUTHORITY FOR ROAD PROJECTS. Under
116	116	Section 52, Article III, Texas Constitution, the district may
117	117	design, acquire, construct, finance, issue bonds for, improve,
118	118	operate, maintain, and convey to this state, a county, or a
119	119	municipality for operation and maintenance macadamized, graveled,
120	120	or paved roads, or improvements, including storm drainage, in aid
121	121	of those roads.
122	122	Sec. 8017A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
123	123	road project must meet all applicable construction standards,
124	124	zoning and subdivision requirements, and regulations of each
125	125	municipality in whose corporate limits or extraterritorial
126	126	jurisdiction the road project is located.
127	127	(b) If a road project is not located in the corporate limits
128	128	or extraterritorial jurisdiction of a municipality, the road
129	129	project must meet all applicable construction standards,
130	130	subdivision requirements, and regulations of each county in which
131	131	the road project is located.
132	132	(c) If the state will maintain and operate the road, the
133	133	Texas Transportation Commission must approve the plans and
134	134	specifications of the road project.
135	135	Sec. 8017A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
136	136	ORDINANCE OR RESOLUTION. The district shall comply with all
137	137	applicable requirements of any ordinance or resolution that is
138	138	adopted under Section 54.016 or 54.0165, Water Code, and that
139	139	consents to the creation of the district or to the inclusion of land
140	140	in the district.
141	141	Sec. 8017A.0306. PUBLIC INFORMATION. (a) The district
142	142	shall maintain an Internet website.
143	143	(b) The board shall make available on the district's
144	144	Internet website the information required under Section 26.18, Tax
145	145	Code.
146	146	Sec. 8017A.0307. DIVISION OF DISTRICT. This chapter
147	147	applies to any new district created by the division of the district
148	148	under Section 49.316, Water Code, and a new district has all the
149	149	powers and duties of the district.
150	150	SUBCHAPTER D. BONDS AND OTHER OBLIGATIONS
151	151	Sec. 8017A.0401. AUTHORITY TO ISSUE BONDS AND OTHER
152	152	OBLIGATIONS. The district may issue bonds or other obligations
153	153	payable wholly or partly from ad valorem taxes, impact fees,
154	154	revenue, contract payments, grants, or other district money, or any
155	155	combination of those sources, to pay for any authorized district
156	156	purpose.
157	157	Sec. 8017A.0402. TAXES FOR BONDS. At the time the district
158	158	issues bonds payable wholly or partly from ad valorem taxes, the
159	159	board shall provide for the annual imposition of a continuing
160	160	direct ad valorem tax, without limit as to rate or amount, while all
161	161	or part of the bonds are outstanding as required and in the manner
162	162	provided by Sections 54.601 and 54.602, Water Code.
163	163	SECTION 2. The Fort Bend County Municipal Utility District
164	164	No. 286 initially includes all the territory contained in the
165	165	following area:
166	166	BEING a 73.4011 acres (3,197,353 square feet) tract of land
167	167	situated in the H.&T.C. RR Co. Survey, Abstract No. 208 of Fort Bend
168	168	County, Texas and being out of the Remainder of a called 47.72 acre
169	169	tract of land described in an instrument to James White recorded
170	170	under Clerks File Number (C.F.N.) 9715442 of the Official Public
171	171	Records of Fort Bend County, Texas (O.P.R. F.B.C.T.), a called
172	172	0.1178 acre tract of land described in an instrument to said James
173	173	A. White, recorded under C.F.N. 9700199 O.P.R. F.B.C.T., a called
174	174	0.2966 acre tract of land as described in an instrument to said
175	175	James A. White, recorded under C.F.N. 9700199 O.P.R. F.B.C.T. and
176	176	all of a called 26.54 acre tract of land described in an instrument
177	177	to James White recorded under C.F.N. 9715443 of the O.P.R.
178	178	F.B.C.T., said 73.4011-acre tract of land described by metes and
179	179	bounds as follows:
180	180	BEGINNING at a 1/2 inch iron pipe found lying in the northeast line
181	181	of a called 16.511 acre tract of land as described in an instrument
182	182	to Christian James Garcia, recorded under C.F.N. 2012033682 of the
183	183	O.P.R. F.B.C.T., being the south corner of a called 79.5635 acre
184	184	tract of land as described in an instrument to SSG BG Blaze,
185	185	recorded under C.F.N. 2024096062 of the O.P.R. F.B.C.T., also being
186	186	the west corner of said 47.72 acre tract and the herein described
187	187	tract;
188	188	THENCE North 41°49'49" East, along the northwest line of said 47.72
189	189	acre tract, passing at a distance of 1,313.93 feet a 5/8 inch iron
190	190	rod found, marking the east corner of said 79.5635 acre tract, also
191	191	being the south corner of a called 3.492 acre tract of land as
192	192	described in an instrument to Zachary Whitt and Cally Whitt,
193	193	recorded under C.F.N. 2024002637 of the O.P.R. F.B.C.T., passing at
194	194	a distance of 2,092.17 feet to a 5/8 inch iron rod with cap found,
195	195	marking the east corner of said 3.492 acre tract, passing at a
196	196	distance of 2223.79 feet a 5/8 inch iron rod found and continuing
197	197	for a total distance of 2256.00 feet to a 5/8 inch iron rod with cap
198	198	stamped "Fulcrum Land Surveying" set in the southeast right-of-way
199	199	(R.O.W.) line of Twin Lane, R.O.W. varies, marking the common
200	200	corner of the said 0.2966 acre tract and a called 4.3953 acre tract
201	201	of land as described in an instrument to Darren S. Schmidt and
202	202	Cynthia K. Schmidt, recorded under C.F.N. 2017046712 of the O.P.R.
203	203	F.B.C.T., and most northerly corner of the herein described tract;
204	204	THENCE South 27°15'33" East, along and with the west line of said
205	205	4.3953 acres tract and called 8.6315 acre tract of land as described
206	206	in an instrument to Fred E. Bradley and wife, Kathryn A. Bradley,
207	207	recorded under C.F.N. 9821510 of the O.P.R. F.B.C.T., a distance of
208	208	1059.57 feet to a 5/8 inch iron rod found in the north line of a
209	209	called 71.010 acre tract of land as described in an instrument to
210	210	Rosenberger Farm & Ranch Holding, LP, recorded under C.F.N.
211	211	2013021671 of the O.P.R. F.B.C.T., marking the south corner of said
212	212	8.6315 acre tract, also being an external corner of the herein
213	213	described tract;
214	214	THENCE South 41°59'00" West, along and with said northwest line of
215	215	said 71.010 acre tract, a distance of 1178.56 feet to a 5/8 inch
216	216	iron rod with cap found, marking the west corner of said 71.010 acre
217	217	tract, also being the north corner of said 26.54 acre tract and an
218	218	internal corner of the herein described tract;
219	219	THENCE South 48°09'52" East, along and with the southwest line of
220	220	said 71.010 acre tract, passing at a distance of 1,620.22 feet a 5/8
221	221	inch iron rod found in the north R.O.W. line of Kunz Road, 60'
222	222	R.O.W. and continuing for a total distance of 1652.83 feet to a
223	223	point for corner in the centerline of said Kunz Road, marking the
224	224	east corner of said 26.54 acre tract and the herein descried tract;
225	225	THENCE South 41°58'39" West, along and with said centerline, a
226	226	distance of 699.57 feet to a point for corner, marking the east
227	227	corner of a called 4.0000 acre tract of land as described in an
228	228	instrument to Brain K. Rohrer and Amanda E. Rohrer, recorded under
229	229	C.F.N. 2017131847 of the O.P.R. F.B.C.T., also being the south
230	230	corner of said 26.54 acre tract and the herein descried tract;
231	231	THENCE North 48°09'37" West, along and with the northeast line of
232	232	said 4.0000 acre tract, a called 49.504 acre tract of land as
233	233	described in an instrument to Rosenberg Cottonwood Farms, LLC,
234	234	recorded under C.F.N. 2015045629 of the O.P.R. F.B.C.T., a called
235	235	16.515 acre tract of land as described in an instrument to Elizabeth
236	236	Vogelsang Roehe, recorded under C.F.N. 2002005405 of the O.P.R.
237	237	F.B.C.T., a called 16.513 acre tract of land as described in an
238	238	instrument to Paul George Vogelsang III, recorded under C.F.N.
239	239	2002005403 of the O.P.R. F.B.C.T., and a called 16.511 acre tract of
240	240	land as described in an instrument to David Waddell Vogelsang
241	241	Trust, recorded under C.F.N. 2012033682 of the O.P.R. F.B.C.T.,
242	242	passing a distance of 30.00 feet to a 1/2 inch iron pipe found
243	243	marking the apparent north R.O.W. line of said Kunz Road, passing a
244	244	distance of 1652.73 feet to a 1/2 inch iron pipe found, marking the
245	245	common corner of said 26.54 acre tract and said 47.72 acre tract,
246	246	also being an angle point of the herein described tract, passing a
247	247	distance of 1981.57 feet to a 5/8 inch iron rod with cap found,
248	248	marking the common corner of said 49.504 acre tract and 16.515 acre
249	249	tract, continuing for a total distance of 2637.67 feet to the POINT
250	250	OF BEGINNING and containing a computed 73.4011 acres (3,197,353
251	251	square feet) of land.
252	252	SECTION 3. (a) The legal notice of the intention to
253	253	introduce this Act, setting forth the general substance of this
254	254	Act, has been published as provided by law, and the notice and a
255	255	copy of this Act have been furnished to all persons, agencies,
256	256	officials, or entities to which they are required to be furnished
257	257	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
258	258	Government Code.
259	259	(b) The governor, one of the required recipients, has
260	260	submitted the notice and Act to the Texas Commission on
261	261	Environmental Quality.
262	262	(c) The Texas Commission on Environmental Quality has filed
263	263	its recommendations relating to this Act with the governor, the
264	264	lieutenant governor, and the speaker of the house of
265	265	representatives within the required time.
266	266	(d) All requirements of the constitution and laws of this
267	267	state and the rules and procedures of the legislature with respect
268	268	to the notice, introduction, and passage of this Act are fulfilled
269	269	and accomplished.
270	270	SECTION 4. (a) If this Act does not receive a two-thirds
271	271	vote of all the members elected to each house, Subchapter C, Chapter
272	272	8017A, Special District Local Laws Code, as added by Section 1 of
273	273	this Act, is amended by adding Section 8017A.0308 to read as
274	274	follows:
275	275	Sec. 8017A.0308. NO EMINENT DOMAIN POWER. The district may
276	276	not exercise the power of eminent domain.
277	277	(b) This section is not intended to be an expression of a
278	278	legislative interpretation of the requirements of Section 17(c),
279	279	Article I, Texas Constitution.
280	280	SECTION 5. This Act takes effect immediately if it receives
281	281	a vote of two-thirds of all the members elected to each house, as
282	282	provided by Section 39, Article III, Texas Constitution. If this
283	283	Act does not receive the vote necessary for immediate effect, this
284	284	Act takes effect September 1, 2025.