Bill Text: TX HB3887 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the creation of the Fulshear Municipal Utility District No. 2; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, or taxes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-17 - Left pending in committee [HB3887 Detail]
Download: Texas-2013-HB3887-Introduced.html
83R15288 PMO-F | ||
By: Zerwas | H.B. No. 3887 |
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relating to the creation of the Fulshear Municipal Utility District | ||
No. 2; granting a limited power of eminent domain; providing | ||
authority to issue bonds; providing authority to impose | ||
assessments, fees, or 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 8480 to read as follows: | ||
CHAPTER 8480. FULSHEAR MUNICIPAL UTILITY DISTRICT NO. 2 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8480.001. 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 Fulshear Municipal Utility | ||
District No. 2. | ||
Sec. 8480.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8480.003. CONFIRMATION AND DIRECTORS' 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. 8480.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 8480.003 | ||
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. 8480.005. 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. 8480.006. 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. 8480.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8480.052, directors serve | ||
staggered four-year terms. | ||
Sec. 8480.052. TEMPORARY DIRECTORS. (a) On or after | ||
September 1, 2013, 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 8480.003; or | ||
(2) September 1, 2017. | ||
(c) If permanent directors have not been elected under | ||
Section 8480.003 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 8480.003; 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. 8480.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8480.102. 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. 8480.103. 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. 8480.104. 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. 8480.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE | ||
OR RESOLUTION. (a) 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. | ||
(b) Section 54.016(f), Water Code, does not apply to the | ||
district. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8480.151. 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 8480.153. | ||
(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. 8480.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8480.151, 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. 8480.153. 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. 8480.201. 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. 8480.202. 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. 8480.203. 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 Fulshear Municipal Utility District No. 2 | ||
initially includes all the territory contained in the following | ||
area: | ||
All that certain 55.2 acre tract of land in the Enoch Latham Survey, | ||
A-50, Fort Bend County, Texas and being all that certain called | ||
5.384 acre tract of land conveyed to DHK Development by deed dated | ||
01-02-2013 recorded at Clerk File Number 201300440, and all that | ||
certain 39.98 acre tract of land conveyed to DHK Fulshear, LP | ||
described in a deed dated 01-20-2013 recorded at Clerk File Number | ||
201300442, and all that certain called 10.01 acre tract of land | ||
conveyed to DHK Fulshear, LP described in a deed dated 02-20-2013 | ||
recorded at Clerk File Number 2013000439 in the Fort Bend Count Deed | ||
Records and being more particularly described by metes and bounds | ||
as follows, all bearings being referenced to the Texas Coordinate | ||
System of 1983, all coordinates have surface values and may be | ||
converted to grid by applying a combined scale factor of | ||
0.99988107. | ||
COMMENCING at a found 5/8" iron rod at a bend in the west | ||
right-of-way line of Bois D'arc Lane and marking the northeast | ||
corner of a called 10.01 acre tract of land conveyed to Roshanak | ||
Haghshenas by deed recorded at Clerk File Number 2005007611, Fort | ||
Bend County Deed Records, having coordinates of Y=13812242.07 X=: | ||
2957906.95, THENCE S 01° 15' 13" E - 422.82', with said west | ||
right-of-way line to a found 5/8" iron rod with cap marking the | ||
POINT OF BEGINNING of the herein described tract; | ||
THENCE S 01° 15' 13" E - 440.00', continuing with said west | ||
right-of-way line to a to a found 5/8" iron rod for corner; | ||
THENCE S 88° 26' 26" W - 455.80', with the north line of a called 4.99 | ||
acre tract conveyed to Robert Marion Kipp, et ux by deed recorded at | ||
Clerk File Number 2008125853, Fort Bend County Deed Records, to a | ||
point for corner; | ||
THENCE S 02° 18' 15" E -113.13', with the west line of said 4.99 acre | ||
tract to a point for corner; | ||
THENCE S 88° 29' 00" W -1765.35', with the north line of a called | ||
52.39 acre tract conveyed to Keith H. Williams by deed recorded at | ||
Clerk File Number 1999087732, Fort Bend County Deed Records, to a | ||
point for corner; | ||
THENCE N 01° 58' 02" W - 451.92', with the east line of a called | ||
200.7181 acre tract of land conveyed to Fulshear Land Investment | ||
Partners, LTD by deed recorded at Clerk File Number 2006137093, | ||
Fort Bend County Deed Records, to a point for corner; | ||
THENCE with the east line of a called 34.93 acre tract of land | ||
conveyed to G.R. Pickard Junior by deed recorded at Volume 499, Page | ||
305 Fort Bend County Deed Records for the following 7 (seven) | ||
courses and distances: | ||
THENCE N 00° 38' 15" W - 772.40' to a found 5/8" iron rod with | ||
cap for corner; | ||
THENCE S 86° 51' 29" E - 331.86' to a point for corner; | ||
THENCE N 04° 09' 24" E - 236.74' to a point for corner; | ||
THENCE S 89° 50' 03" E - 36.49' to a point for corner; | ||
THENCE N 03° 29' 34" W - 207.90' to a point for corner; | ||
THENCE N 87° 14' 46" E - 211.12' to a point for corner; | ||
THENCE N 01° 35' 56" W - 182.37' to a found 5/8" iron rod with | ||
cap for corner; | ||
THENCE S 70° 43' 34" E - 149.27' to a point for corner; | ||
THENCE S 65° 41' 10" E - 95.23' to a point for corner; | ||
THENCE S 68° 42' 29" E - 300.37' to a point for corner; | ||
THENCE with the west line of a called 3.28 acre tract of land | ||
conveyed to David Joseph Grace by deed recorded at Clerk File Number | ||
2005007611, Fort Bend County Deed Records, for the following 4 | ||
(four) courses and distances: | ||
THENCE S 27° 45' 03" E - 208.59' to a point for corner; | ||
THENCE S 00° 08' 40" E - 162.89' to a point for corner; | ||
THENCE S 35° 02' 38" W - 135.26' to a point for corner; | ||
THENCE S 50° 37' 43" W - 202.68' to a point for corner; | ||
THENCE N 88° 08' 22" E - 417.42', with the south line of said 3.28 | ||
acre tract to a point for corner; | ||
THENCE S 01° 50' 25" E - 481.66', with the west line of the | ||
aforementioned 10.01 acre Haghshenas tract to a point for corner; | ||
THENCE N 88° 28' 58" E - 849.07', with the south line of said 10.01 | ||
acre tract to the POINT OF BEGINNING, containing 55.2397 acres | ||
(2,406,242 square feet) of land more or less. | ||
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 | ||
8480, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8480.106 to read as follows: | ||
Sec. 8480.106. 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, 2013. |