Bill Text: TX HB3019 | 2019-2020 | 86th Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the creation of the Fort Bend County Municipal Utility District No. 234; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2019-06-10 - Effective on 9/1/19 [HB3019 Detail]

Download: Texas-2019-HB3019-Comm_Sub.html
 
 
  By: Miller (Senate Sponsor - Kolkhorst) H.B. No. 3019
         (In the Senate - Received from the House May 8, 2019;
  May 10, 2019, read first time and referred to Committee on
  Intergovernmental Relations; May 17, 2019, reported favorably by
  the following vote:  Yeas 7, Nays 0; May 17, 2019, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to the creation of the Fort Bend County Municipal Utility
  District No. 234; granting a limited power of eminent domain;
  providing authority to issue bonds; providing authority to impose
  assessments, fees, and taxes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle F, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 8055 to read as follows:
  CHAPTER 8055. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 234
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 8055.0101.  DEFINITIONS. In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Commission" means the Texas Commission on
  Environmental Quality.
               (3)  "Director" means a board member.
               (4)  "District" means the Fort Bend County Municipal
  Utility District No. 234.
         Sec. 8055.0102.  NATURE OF DISTRICT. The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8055.0103.  CONFIRMATION AND DIRECTOR ELECTION
  REQUIRED. The temporary directors shall hold an election to
  confirm the creation of the district and to elect five permanent
  directors as provided by Section 49.102, Water Code.
         Sec. 8055.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section
  8055.0103 until each municipality in whose corporate limits or
  extraterritorial jurisdiction the district is located has
  consented by ordinance or resolution to the creation of the
  district and to the inclusion of land in the district.
         Sec. 8055.0105.  FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
  (a) The district is created to serve a public purpose and benefit.
         (b)  The district is created to accomplish the purposes of:
               (1)  a municipal utility district as provided by
  general law and Section 59, Article XVI, Texas Constitution; and
               (2)  Section 52, Article III, Texas Constitution, that
  relate to the construction, acquisition, improvement, operation,
  or maintenance of macadamized, graveled, or paved roads, or
  improvements, including storm drainage, in aid of those roads.
         Sec. 8055.0106.  INITIAL DISTRICT TERRITORY. (a) The
  district is initially composed of the territory described by
  Section 2 of the Act enacting this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act enacting this chapter form a closure. A mistake made in the
  field notes or in copying the field notes in the legislative process
  does not affect the district's:
               (1)  organization, existence, or validity;
               (2)  right to issue any type of bond for the purposes
  for which the district is created or to pay the principal of and
  interest on a bond;
               (3)  right to impose a tax; or
               (4)  legality or operation.
  SUBCHAPTER B. BOARD OF DIRECTORS
         Sec. 8055.0201.  GOVERNING BODY; TERMS. (a) The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8055.0202, directors
  serve staggered four-year terms.
         Sec. 8055.0202.  TEMPORARY DIRECTORS.  (a)  On or after
  September 1, 2019, the owner or owners of a majority of the assessed
  value of the real property in the district may submit a petition to
  the commission requesting that the commission appoint as temporary
  directors the five persons named in the petition.  The commission
  shall appoint as temporary directors the five persons named in the
  petition.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 8055.0103; or
               (2)  September 1, 2023.
         (c)  If permanent directors have not been elected under
  Section 8055.0103 and the terms of the temporary directors have
  expired, successor temporary directors shall be appointed or
  reappointed as provided by Subsection (d) to serve terms that
  expire on the earlier of:
               (1)  the date permanent directors are elected under
  Section 8055.0103; or
               (2)  the fourth anniversary of the date of the
  appointment or reappointment.
         (d)  If Subsection (c) applies, the owner or owners of a
  majority of the assessed value of the real property in the district
  may submit a petition to the commission requesting that the
  commission appoint as successor temporary directors the five
  persons named in the petition. The commission shall appoint as
  successor temporary directors the five persons named in the
  petition.
  SUBCHAPTER C. POWERS AND DUTIES
         Sec. 8055.0301.  GENERAL POWERS AND DUTIES. The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8055.0302.  MUNICIPAL UTILITY DISTRICT POWERS AND
  DUTIES. The district has the powers and duties provided by the
  general law of this state, including Chapters 49 and 54, Water Code,
  applicable to municipal utility districts created under Section 59,
  Article XVI, Texas Constitution.
         Sec. 8055.0303.  AUTHORITY FOR ROAD PROJECTS. Under Section
  52, Article III, Texas Constitution, the district may design,
  acquire, construct, finance, issue bonds for, improve, operate,
  maintain, and convey to this state, a county, or a municipality for
  operation and maintenance macadamized, graveled, or paved roads, or
  improvements, including storm drainage, in aid of those roads.
         Sec. 8055.0304.  ROAD STANDARDS AND REQUIREMENTS. (a) A
  road project must meet all applicable construction standards,
  zoning and subdivision requirements, and regulations of each
  municipality in whose corporate limits or extraterritorial
  jurisdiction the road project is located.
         (b)  If a road project is not located in the corporate limits
  or extraterritorial jurisdiction of a municipality, the road
  project must meet all applicable construction standards,
  subdivision requirements, and regulations of each county in which
  the road project is located.
         (c)  If the state will maintain and operate the road, the
  Texas Transportation Commission must approve the plans and
  specifications of the road project.
         Sec. 8055.0305.  COMPLIANCE WITH MUNICIPAL CONSENT
  ORDINANCE OR RESOLUTION. The district shall comply with all
  applicable requirements of any ordinance or resolution that is
  adopted under Section 54.016 or 54.0165, Water Code, and that
  consents to the creation of the district or to the inclusion of land
  in the district.
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 8055.0401.  ELECTIONS REGARDING TAXES OR BONDS. (a)
  The district may issue, without an election, bonds and other
  obligations secured by:
               (1)  revenue other than ad valorem taxes; or
               (2)  contract payments described by Section 8055.0403.
         (b)  The district must hold an election in the manner
  provided by Chapters 49 and 54, Water Code, to obtain voter approval
  before the district may impose an ad valorem tax or issue bonds
  payable from ad valorem taxes.
         (c)  The district may not issue bonds payable from ad valorem
  taxes to finance a road project unless the issuance is approved by a
  vote of a two-thirds majority of the district voters voting at an
  election held for that purpose.
         Sec. 8055.0402.  OPERATION AND MAINTENANCE TAX. (a) If
  authorized at an election held under Section 8055.0401, the
  district may impose an operation and maintenance tax on taxable
  property in the district in accordance with Section 49.107, Water
  Code.
         (b)  The board shall determine the tax rate. The rate may not
  exceed the rate approved at the election.
         Sec. 8055.0403.  CONTRACT TAXES. (a) In accordance with
  Section 49.108, Water Code, the district may impose a tax other than
  an operation and maintenance tax and use the revenue derived from
  the tax to make payments under a contract after the provisions of
  the contract have been approved by a majority of the district voters
  voting at an election held for that purpose.
         (b)  A contract approved by the district voters may contain a
  provision stating that the contract may be modified or amended by
  the board without further voter approval.
  SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
         Sec. 8055.0501.  AUTHORITY TO ISSUE BONDS AND OTHER
  OBLIGATIONS. The district may issue bonds or other obligations
  payable wholly or partly from ad valorem taxes, impact fees,
  revenue, contract payments, grants, or other district money, or any
  combination of those sources, to pay for any authorized district
  purpose.
         Sec. 8055.0502.  TAXES FOR BONDS. At the time the district
  issues bonds payable wholly or partly from ad valorem taxes, the
  board shall provide for the annual imposition of a continuing
  direct ad valorem tax, without limit as to rate or amount, while all
  or part of the bonds are outstanding as required and in the manner
  provided by Sections 54.601 and 54.602, Water Code.
         Sec. 8055.0503.  BONDS FOR ROAD PROJECTS. At the time of
  issuance, the total principal amount of bonds or other obligations
  issued or incurred to finance road projects and payable from ad
  valorem taxes may not exceed one-fourth of the assessed value of the
  real property in the district.
         SECTION 2.  The Fort Bend County Municipal Utility District
  No. 234 initially includes all the territory contained in the
  following area:
  Being a 312.47 acre tract of land, located in the Mills M. Battle
  League, Abstract-9, Fort Bend County, Texas; said 312.47 acre tract
  being all of a called 311.889 acre tract, Tract 2, recorded in the
  name of State of Texas for the use and benefit of the Permanent
  School Fund, under Fort Bend County Clerk's File Number
  (F.B.C.C.F.No.) 2003023371, also being all of a called 311.885
  acres, Tract 2, of State of Texas Department of Highways and Public
  Transportation, a subdivision plat of which is recorded under
  Slides Number 1831B and 1832A, Plat Records of Fort Bend County,
  Texas (P.R.F.B.C.T.); said 312.47 acre tract being more
  particularly described by metes and bounds as follows (All bearings
  and coordinates refer to the Texas Coordinate System of 1983, South
  Central Zone, obtained from GPS Observation of monuments at either
  end of the southerly boundary line (called South 65 degrees 40
  minutes 41 seconds West, 3,232.12 feet, under said
  F.B.C.C.F.No. 2003023371; and South 65 degrees 40 minutes 46
  seconds West, 3,232.12 feet, under said Slides Number 1831B and
  1832A, P.R.F.B.C.T.); (All bearings and coordinates are grid and
  may be converted to surface by applying the combined scale factor of
  0.999875); GPS observations referenced to base stations: DH3618
  TXRO ROSENBERG CORS ARP, DF5352 ANG1 ANGLETON 1 CORS ARP, and DF4379
  TXHU HOUSTON RRP2 CORS ARP; and processed through OPUS):
  BEGINNING at a 5/8-inch iron rod found, with aluminum cap marked
  Texas Department of Corrections (X=3,025,310.72; Y=13,782,264.28),
  marking the southwest corner of said 311.889 acre tract, the
  southeast corner of a called 20 acre tract recorded in the name of
  Robert Schumann in Volume 66, Page 486, Probate Records of Fort Bend
  County, Texas, said rod being in the west line of said Mills M.
  Battle League, and the east line of the J. H. Cartwright League,
  Abstract-16, said rod also being in the northerly right-of-way
  (R.O.W.) line of the Southern Pacific Railroad (100 feet wide;
  Volume V, Page 226, and Volume 39, Page 220, both of the Deed
  Records of Fort Bend County, Texas (D.R.F.B.C.T.), for the
  southwest corner of the herein described tract;
  THENCE, with the west line of said Mills M. Battle League and said
  311.889 acre tract, being the east line of said J. H. Cartwright
  League, being the east lines of the following six (6) tracts of
  land: said 20 acre tract; a called 63.275 acre tract recorded in the
  name of Robert Schumann, et al, in Volume 2154, Page 1748,
  D.R.F.B.C.T.; Chelsea Harbour, Sec. 1, a subdivision plat of which
  is recorded under Slides Number 2218B, 2219A and 2219B,
  P.R.F.B.C.T.; Chelsea Harbour, Sec. 2, a subdivision plat of which
  is recorded under Slides Number 2453B and 2454A, P.R.F.B.C.T,; a
  called 37.6535 acre tract recorded in the name of Campbell Concrete &
  Materials, L.P., under F.B.C.C.F.No. 9825453; and a called 40.0
  acre tract recorded in the name of Timothy Lee Schumann, et al,
  under F.B.C.C.F.No. 2003074810; North 02 degrees 47 minutes 14
  seconds West, passing at a distance of 902.09 feet, a 1/2-inch iron
  pipe (disturbed) found 1.7 feet East of line, passing at 1,426.25
  feet, a 1/2-inch iron pipe (disturbed) found 1.9 feet East of line,
  passing at 1,950.35 feet, a 1/2-inch iron pipe (disturbed) found
  2.1 feet East of line, passing at 2,475.25 feet, a 1/2-inch iron
  pipe found 2.2 feet East of line, passing at 3,015.52 feet, a
  1/2-inch iron pipe found at a fence corner 2.7 feet East of line,
  passing at 4,554.09 feet, a 1/2-inch iron pipe found 2.9 feet East
  of line, passing at 5,716.72 feet, a 1-inch iron pipe found marking
  a reference point on the high-bank of Oyster Creek, continuing in
  all a total distance of 5,816.84 feet (called North 02 degrees 47
  minutes 15 seconds West, 5,816.84 feet, under said
  F.B.C.C.F.No. 2003023371; and North 02 degrees 47 minutes 10
  seconds West, 5,816.84 feet, under said Slides Number 1831B and
  1832A, P.R.F.B.C.T.), to a point at the northwest corner of said
  311.889 acre tract, and the southwest corner of a called 310.602
  acre tract recorded in the name of The Houston Parks Board, in
  Volume 2161, Page 882, D.R.F.B.C.T., in the centerline of said
  Oyster Creek , for the northwest corner of the herein described
  tract;
  THENCE, along the northerly lines of said 311.889 acre tract, and
  the southerly lines of said 310.602 acre tract, being the
  centerline of said Oyster Creek, the following twenty-three (23)
  courses:
  1.  North 28 degrees 48 minutes 31 seconds East, a distance of 56.10
  feet, to an angle point;
  2.  North 62 degrees 55 minutes 53 seconds East, a distance of
  113.39 feet, to an angle point;
  3.  North 77 degrees 44 minutes 38 seconds East, a distance of
  365.14 feet, to an angle point;
  4.  South 87 degrees 27 minutes 26 seconds East, a distance of
  153.90 feet, to an angle point;
  5.  South 61 degrees 26 minutes 43 seconds East, a distance of
  176.89 feet, to an angle point;
  6.  South 47 degrees 07 minutes 30 seconds East, a distance of
  141.17 feet, to an angle point;
  7.  South 59 degrees 07 minutes 05 seconds East, a distance of
  174.90 feet, to an angle point;
  8.  South 36 degrees 41 minutes 05 seconds East, a distance of
  119.78 feet, to an angle point;
  9.  South 26 degrees 38 minutes 40 seconds East, a distance of
  386.47 feet, to an angle point;
  10.  South 21 degrees 03 minutes 17 seconds East, a distance of
  195.66 feet, to an angle point;
  11.  South 28 degrees 51 minutes 45 seconds East, a distance of
  313.25 feet, to an angle point;
  12.  South 54 degrees 11 minutes 56 seconds East, a distance of
  125.49 feet, to an angle point;
  13.  South 66 degrees 58 minutes 32 seconds East, a distance of
  83.72 feet, to an angle point;
  14.  South 71 degrees 22 minutes 55 seconds East, a distance of
  164.67 feet, to an angle point;
  15.  South 81 degrees 06 minutes 18 seconds East, a distance of
  242.28 feet, to an angle point;
  16.  South 88 degrees 00 minutes 32 seconds East, a distance of
  218.36 feet, to an angle point;
  17.  North 88 degrees 28 minutes 11 seconds East, a distance of
  220.44 feet, to an angle point;
  18.  North 86 degrees 08 minutes 50 seconds East, a distance of
  102.54 feet, to an angle point;
  19.  North 74 degrees 01 minutes 18 seconds East, a distance of
  64.46 feet, to an angle point;
  20.  North 62 degrees 38 minutes 26 seconds East, a distance of
  128.70 feet, to an angle point;
  21.  North 45 degrees 43 minutes 00 seconds East, a distance of
  129.35 feet, to an angle point;
  22.  North 49 degrees 07 minutes 47 seconds East, a distance of
  117.34 feet, to an angle point;
  23.  North 48 degrees 31 minutes 10 seconds East, a distance of
  88.29 feet, to the northeast corner of said 311.889 acre tract, in
  the westerly line of the residue of a 5,202.88 acre tract recorded
  in the name of Central Prison Farm, in Volume 152, Page 425,
  D.R.F.B.C.T., for the northeast corner of the herein described
  tract;
  THENCE, with the east line of said 311.889 acre tract, and the west
  line of said residue tract, South 02 degrees 47 minutes 39 seconds
  East, passing at 92.26 feet, a 1 inch iron pipe found marking a
  reference on the high-bank of said Oyster Creek, continuing in all a
  total distance of 3,597.17 feet (called South 02 degrees 47 minutes
  40 seconds East, 3,586.77 feet, under said
  F.B.C.C.F.No. 2003023371; and South 02 degrees 47 minutes 41
  seconds East, 3,586.75 feet, under said Slides Number 1831B and
  1832A, P.R.F.B.C.T.), to a capped 5/8-inch iron rod
  (X=3,028,255.61; Y=13,783,595.29), marked Miller Survey Group set
  at the southeast corner of said 311.889 acre tract, and the
  southwest corner of said residue tract, being in the northerly
  R.O.W. line of said Southern Pacific Railroad, for the southeast
  corner of the herein described tract;
  THENCE, with the south line of said 311.889 acre tract, and the
  northerly R.O.W. line of said Southern Pacific Railroad, South 65
  degrees 40 minutes 42 seconds West, a distance of 3,232.11 feet, to
  the POINT OF BEGINNING and containing 312.47 acres of land.
  Approximately 15.29 acres of this tract lies within the boundaries
  of AE floodway of oyster creek, as shown on the recorded plat of
  State of Texas State Department of Highways and Public
  Transportation.
         SECTION 3.  (a) The legal notice of the intention to
  introduce this Act, setting forth the general substance of this
  Act, has been published as provided by law, and the notice and a
  copy of this Act have been furnished to all persons, agencies,
  officials, or entities to which they are required to be furnished
  under Section 59, Article XVI, Texas Constitution, and Chapter 313,
  Government Code.
         (b)  The governor, one of the required recipients, has
  submitted the notice and Act to the Texas Commission on
  Environmental Quality.
         (c)  The Texas Commission on Environmental Quality has filed
  its recommendations relating to this Act with the governor, the
  lieutenant governor, and the speaker of the house of
  representatives within the required time.
         (d)  All requirements of the constitution and laws of this
  state and the rules and procedures of the legislature with respect
  to the notice, introduction, and passage of this Act are fulfilled
  and accomplished.
         SECTION 4.  (a) If this Act does not receive a two-thirds
  vote of all the members elected to each house, Subchapter C, Chapter
  8055, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 8055.0306 to read as follows:
         Sec. 8055.0306.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
         (b)  This section is not intended to be an expression of a
  legislative interpretation of the requirements of Section 17(c),
  Article I, Texas Constitution.
         SECTION 5.  This Act takes effect September 1, 2019.
 
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