Bill Text: TX HB4583 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the creation of the Fort Bend County Municipal Utility District No. 232; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose fees and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2021-05-24 - Committee report printed and distributed [HB4583 Detail]
Download: Texas-2021-HB4583-Comm_Sub.html
By: Stephenson (Senate Sponsor - Kolkhorst) | H.B. No. 4583 | |
(In the Senate - Received from the House May 10, 2021; | ||
May 10, 2021, read first time and referred to Committee on Local | ||
Government; May 24, 2021, reported adversely, with favorable | ||
Committee Substitute by the following vote: Yeas 8, Nays 0; | ||
May 24, 2021, sent to printer.) | ||
COMMITTEE SUBSTITUTE FOR H.B. No. 4583 | By: Hall |
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relating to the creation of the Fort Bend County Municipal Utility | ||
District No. 232; granting a limited power of eminent domain; | ||
providing authority to issue bonds; providing authority to impose | ||
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 7907A to read as follows: | ||
CHAPTER 7907A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. | ||
232 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7907A.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. 232. | ||
Sec. 7907A.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7907A.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. 7907A.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
7907A.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. 7907A.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. 7907A.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. 7907A.0201. GOVERNING BODY; TERMS. (a) The district | ||
is governed by a board of five elected directors. | ||
(b) Except as provided by Section 7907A.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 7907A.0202. TEMPORARY DIRECTORS. (a) On or after the | ||
effective date of the Act enacting this chapter, 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 7907A.0103; or | ||
(2) the fourth anniversary of the effective date of | ||
the Act enacting this chapter. | ||
(c) If permanent directors have not been elected under | ||
Section 7907A.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 7907A.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. 7907A.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7907A.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. 7907A.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. 7907A.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. 7907A.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. 7907A.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 | ||
7907A.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. 7907A.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7907A.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. 7907A.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. 7907A.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. 7907A.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. 7907A.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. 232 initially includes all the territory contained in the | ||
following area: | ||
Being a 100.5 acre tract of land located in the R.H. Earnest | ||
Survey, A-388, said 100.5 acre tract being all of a called 100.5 | ||
acre tract of land conveyed to Jason Noah and Benjamin Adam Danziger | ||
in Clerk’s File No. 2012117049 of the Official Public Records of | ||
Fort Bend County, Texas (O.R.F.B.C.); said 100.5 acre tract being | ||
more particularly described by metes and bounds as follows: (All | ||
bearings reference to the Texas State Plane Coordinate System, | ||
South Central Zone). | ||
COMMENCING at a 1-1/4” iron pipe found for the east corner of a | ||
called 55.048 acre tract described in the deed to LGI Homes-Sunrise | ||
Meadow, LTD. in Clerk’s File No. 2005048299 of the O.R.F.B.C., | ||
common to the south corner of a called 136.6 acre tract described in | ||
the deed to Sabas Cortez in Volume 216, Page 322, of the Deed | ||
Records of Fort Bend County, Texas; | ||
Thence North 47° 56' 48" West – 2,057.42’ along the north line of | ||
said 55.048 acre tract, the north line of a called 55.06295 acre | ||
tract described in the deed to Bruce Mahlmann in Clerk’s File No. | ||
9780631 of the O.R.F.B.C. and the northwest line of a called 89.24 | ||
acre tract described in the deed to R. W. Lindsey in Volume 469, | ||
Page 284, of the Deed Records of Fort Bend County, Texas, common to | ||
the southwest line of said 136.6 acre tract, to a 3/4" iron rod set | ||
for the south corner and POINT OF BEGINNING of the herein described | ||
tract, common to the south corner of said 100.5 acre tract and the | ||
west corner of said 136.6 acre tract, from which a found 1-1/4” iron | ||
pip bears North 23° 51' 01" East - 0.71’; | ||
THENCE North 47° 56' 48" West – 1,522.95’ (called North 44° 48' 38" | ||
West), along the southwest line of said 100.5 acre tract, common to | ||
the northeast line of said 89.24 acre tract and the northeast line | ||
of a called 89.011 acre tract described in the deed to Paul Nelson | ||
Danzinger recorded in Clerk’s File No. 200125881 of the O.R.F.B.C., | ||
to the west corner of the herein described tract, common to the west | ||
corner of said 100.5 acre tract and the south corner of a called | ||
17.99 acre tract described in the deed to Willie Drabek recorded in | ||
Volume 1011, Page 841, of the Deed Records of Fort Bend County, | ||
Texas, from which a found 3/4" iron pipe bears South 42° 01' 12" West – | ||
0.35’ | ||
THENCE North 42° 01' 12" East – 2,871.04’ (called North 45° 11' 37" | ||
East), along the northwest line of said 100.5 acre tract, common to | ||
the southeast line of said 17.99 acre tract, at 2,210.59’ passing a | ||
found 1” iron pipe (in concrete) on the south side of Koeblen Road, | ||
continuing in Koeblen Road to a 1/2" iron pipe found for the north | ||
corner of said 100.5 acre tract in Koeblen Road; | ||
THENCE South 48° 10' 25" East – 1,524.25’ (called South 45° 00' | ||
East), along the northeast line of said 100.5 acre tract in Koeblen | ||
Road to a PK nail found for the east corner of the herein described | ||
tract; | ||
THENCE South 42° 02' 45” West – 2,877.08’ (called South 45° 13' 10” | ||
West – 2,876.08’) along the northeast line of said 100.5 acre tract, | ||
at 31.70’ passing a 5/8” steel rod, continuing to the POINT OF | ||
BEGINNING of the herein described tract and containing 100.5 acres | ||
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 | ||
7907A, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7907A.0306 to read as | ||
follows: | ||
Sec. 7907A.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 immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2021. | ||
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