Bill Text: TX HB4630 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the creation of the Brazoria-Fort Bend Counties Municipal Utility District No. 3; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Sponsorship: Partisan Bill (Republican 1)
Status: (Engrossed - Dead) 2019-05-06 - Received from the House [HB4630 Detail]
Download: Texas-2019-HB4630-Introduced.html
| 86R12182 SLB-F | ||
| By: Thompson of Brazoria | H.B. No. 4630 | |
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| relating to the creation of the Brazoria-Fort Bend Counties | ||
| Municipal Utility District No. 3; 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 8075 to read as follows: | ||
| CHAPTER 8075. BRAZORIA-FORT BEND COUNTIES MUNICIPAL UTILITY | ||
| DISTRICT NO. 3 | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 8075.0101. 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 Brazoria-Fort Bend Counties | ||
| Municipal Utility District No. 3. | ||
| Sec. 8075.0102. NATURE OF DISTRICT. The district is a | ||
| municipal utility district created under Section 59, Article XVI, | ||
| Texas Constitution. | ||
| Sec. 8075.0103. 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. 8075.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
| temporary directors may not hold an election under Section | ||
| 8075.0103 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. 8075.0105. 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. 8075.0106. 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. 8075.0201. GOVERNING BODY; TERMS. (a) The district is | ||
| governed by a board of five elected directors. | ||
| (b) Except as provided by Section 8075.0202, directors | ||
| serve staggered four-year terms. | ||
| Sec. 8075.0202. 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 8075.0103; or | ||
| (2) September 1, 2023. | ||
| (c) If permanent directors have not been elected under | ||
| Section 8075.0103 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 8075.0103; 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. 8075.0301. GENERAL POWERS AND DUTIES. The district | ||
| has the powers and duties necessary to accomplish the purposes for | ||
| which the district is created. | ||
| Sec. 8075.0302. 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. 8075.0303. 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. 8075.0304. 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. 8075.0305. 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. 8075.0401. 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 8075.0403. | ||
| (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. 8075.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
| authorized at an election held under Section 8075.0401, 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. 8075.0403. 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. 8075.0501. 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. 8075.0502. 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. 8075.0503. 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 Brazoria-Fort Bend Counties Municipal | ||
| Utility District No. 3 initially includes all the territory | ||
| contained in the following area: | ||
| Being a tract containing 362.666 acres of land, | ||
| located in the William Hall Survey, Abstract 31, in | ||
| Fort Bend County, Texas and Abstract 713 in Brazoria | ||
| County, Texas; Said 362.666 acre tract being a call | ||
| 363.942 acre tract recorded in the name of | ||
| J.H.Caldwell, et al in Volume 796, Page 565 of the | ||
| Official Records of Fort Bend County (O.R.F.B.C.) and | ||
| being Lots 1, 2, 3, 4, 7, 11, 12 and a portion of Lot 6, | ||
| T.W. & J.H.B. House Subdivision, a subdivision | ||
| recorded in Volume 7, Page 301 of the Fort Bend County | ||
| Deed Records (F.B.C.D.R.); Said 362.666 acre tract | ||
| being more particularly described by metes and bounds | ||
| as follows (bearings being based on the Texas | ||
| Coordinate System, South Central Zone, NAD 83, as | ||
| derived from GPS Observations): | ||
| Beginning at a 2-inch iron pipe found at the | ||
| northeasterly corner of a call 1.284 acre tract | ||
| recorded in the name of Fort Bend County Municipal | ||
| Utility District Number 141 in File Number 2018043550 | ||
| of the O.R.F.B.C., the southeasterly corner of a call | ||
| 48.6 acre tract recorded in the name of Emma Ruth Bly | ||
| in File Number 2004149678 of the O.R.F.B.C., the | ||
| southerly southwest corner of a call 484.4229 acre | ||
| tract recorded in the name of Hannover Estates, LTD. in | ||
| File Number 2002140473 of the O.R.F.B.C. and being the | ||
| southeasterly corner of the David Fitzgerald League, | ||
| Abstract 25, the southwesterly corner of the I.&G.N. | ||
| R.R. Co. Survey, Abstract 352 and being on the | ||
| northerly line of the William Hall Survey, Abstract | ||
| 31, from which a 3/4-inch iron rod found at the | ||
| northeasterly corner of Reserve "A", Fort Bend ISD | ||
| Ferndell Henry Center for Learning, a subdivision | ||
| recorded in Plat Number 20110173 of the Fort Bend | ||
| County Plat Records (F.B.C.P.R.), bears South 86 | ||
| degrees 55 minutes 29 seconds West, a distance of | ||
| 175.06 feet; | ||
| Thence, with the northerly line of said William Hall | ||
| Survey and with the southerly line of aforesaid | ||
| 484.4229 acre tract and a call 17.478 acre tract | ||
| recorded in the name of JNC Development, Inc. in File | ||
| Number 2017115756 of the O.R.F.B.C., North 86 degrees | ||
| 55 minutes 29 seconds East, at a distance of | ||
| 1755.20 pass a found 5/8-inch iron rod with "Miller" | ||
| cap, at a distance of 2340.21 feet pass a found | ||
| 5/8-inch iron rod with "Miller" cap, at a distance of | ||
| 3151.64 feet pass a found 5/8-inch iron rod with | ||
| "Miller" cap, at a distance of 3753.58 feet pass a | ||
| found 5/8-inch iron rod with "Miller" cap, at a | ||
| distance of 4801.72 feet pass the Fort Bend/Brazoria | ||
| County line, in all, a distance of 5137.14 feet to a | ||
| 5/8-inch iron rod set at the northeast corner of | ||
| aforesaid William Hall Survey, the southeasterly | ||
| corner of aforesaid 484.4229 acre tract and being the | ||
| northeasterly corner of aforesaid Lot 1; | ||
| Thence, with the easterly line of said William Hall | ||
| Survey, South 03 degrees 04 minutes 56 seconds East, a | ||
| distance of 1591.83 feet to a 2-inch PVC stand pipe | ||
| found at the southeasterly corner of aforesaid Lot 1 | ||
| and the northeasterly corner of Lot 9, aforesaid T.W. & | ||
| J.H.B. House Subdivision; | ||
| Thence, with the southerly line of aforesaid Lots 1 and | ||
| 2, South 86 degrees 55 minutes 29 seconds West, at a | ||
| distance of 775.90 feet pass the aforesaid Fort | ||
| Bend/Brazoria County line, in all, a distance of | ||
| 2735.60 feet to a 2-inch PVC stand pipe found at the | ||
| common corner of aforesaid Lots 2, 3, 7 and Lot 8, | ||
| aforesaid T.W. & J.H.B. House Subdivision; | ||
| Thence, with the easterly line of said Lot 7, South 03 | ||
| degrees 04 minutes 56 seconds East, a distance of | ||
| 1591.23 feet to a 2-inch PVC stand pipe found at the | ||
| common corner of aforesaid Lots 7, 8, 11 and 12; | ||
| Thence, with the common line between Lots 8 and 11, | ||
| North 86 degrees 55 minutes 29 seconds East, a distance | ||
| of 1367.28 feet to a 2-inch PVC stand pipe found at the | ||
| common corner of aforesaid Lots 8, 9, 11 and Lot 10, | ||
| aforesaid T.W. & J.H.B. House Subdivision; | ||
| Thence, with the common line between aforesaid Lots 10 | ||
| and 11, South 03 degrees 04 minutes 56 seconds East, a | ||
| distance of 1592.64 feet to a 3/4-inch iron pipe found | ||
| at the common corner of aforesaid Lots 10 and 11 and | ||
| Lots 20 and 21, aforesaid T.W. & J.H.B. House | ||
| Subdivision; | ||
| Thence, with the southerly line of aforesaid Lot 11, | ||
| South 86 degrees 55 minutes 29 seconds West, a distance | ||
| of 1367.22 feet to a 5/8-inch iron rod set at the | ||
| common corner of aforesaid Lots 11, 12, 20 and Lot 19, | ||
| aforesaid T.W. & J.H.B. House Subdivision and being | ||
| the easterly northeast corner of a call 91.100 acre | ||
| tract recorded in the name of Forestar (USA) Real | ||
| Estate Group, Inc. in File Number 2017121652 of the | ||
| O.R.F.B.C.; | ||
| Thence, with the northerly and easterly lines of said | ||
| 91.100 acre tract, the following four (4) courses: | ||
| 1) South 86 degrees 42 minutes 23 seconds West, at a | ||
| distance of 29.30 feet pass a found 1/2-inch iron rod, | ||
| in all, a distance of 1368.62 feet to a found 5/8-inch | ||
| iron rod; | ||
| 2) North 03 degrees 03 minutes 31 seconds West, a | ||
| distance of 1594.92 feet to a found 5/8-inch iron rod; | ||
| 3) South 86 degrees 57 minutes 25 seconds West, a | ||
| distance of 675.85 feet to a 5/8-inch iron rod set; | ||
| 4) South 86 degrees 48 minutes 40 seconds West, a | ||
| distance of 3.88 feet to a 5/8-inch iron rod found at | ||
| the southeasterly corner of a call 162.2524 acre tract | ||
| recorded in the name of Hannover Estates, LTD. in File | ||
| Number 2004018462 of the O.R.F.B.C.; | ||
| Thence, with the easterly lines of said 162.2524 acre | ||
| tract, the following three (3) courses: | ||
| 1) North 03 degrees 04 minutes 56 seconds West, a | ||
| distance of 1593.59 feet to a 5/8-inch iron rod set; | ||
| 2) South 86 degrees 57 minutes 10 seconds West, a | ||
| distance of 353.80 feet to a 5/8-inch iron with cap | ||
| found; | ||
| 3) North 03 degrees 05 minutes 12 seconds West, at a | ||
| distance of 1272.29 feet pass the southeasterly corner | ||
| of aforesaid 1.284 acre tract, in all, a distance of | ||
| 1591.86 feet to the POINT OF BEGINNING and containing | ||
| 362.666 acres of land. | ||
| 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 | ||
| 8075, Special District Local Laws Code, as added by Section 1 of | ||
| this Act, is amended by adding Section 8075.0306 to read as follows: | ||
| Sec. 8075.0306. 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. | ||
