Bill Text: TX SB2007 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the creation of the Fort Bend County Municipal Utility District No. 219; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Sponsorship: Partisan Bill (Republican 2)
Status: (Enrolled - Dead) 2015-06-18 - Effective immediately [SB2007 Detail]
Download: Texas-2015-SB2007-Enrolled.html
| S.B. No. 2007 | ||
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| relating to the creation of the Fort Bend County Municipal Utility | ||
| District No. 219; 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 7922 to read as follows: | ||
| CHAPTER 7922. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 219 | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 7922.001. 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 Fort Bend County Municipal | ||
| Utility District No. 219. | ||
| Sec. 7922.002. NATURE OF DISTRICT. The district is a | ||
| municipal utility district created under Section 59, Article XVI, | ||
| Texas Constitution. | ||
| Sec. 7922.003. 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. 7922.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
| temporary directors may not hold an election under Section 7922.003 | ||
| 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. 7922.005. 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. 7922.006. 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. 7922.051. GOVERNING BODY; TERMS. (a) The district is | ||
| governed by a board of five elected directors. | ||
| (b) Except as provided by Section 7922.052, directors serve | ||
| staggered four-year terms. | ||
| Sec. 7922.052. 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 7922.003; 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 7922.003 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 7922.003; 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. 7922.101. GENERAL POWERS AND DUTIES. The district has | ||
| the powers and duties necessary to accomplish the purposes for | ||
| which the district is created. | ||
| Sec. 7922.102. 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. 7922.103. 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. 7922.104. 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. 7922.105. 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. 7922.151. 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 7922.153. | ||
| (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. 7922.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
| authorized at an election held under Section 7922.151, 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. 7922.153. 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. 7922.201. 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. 7922.202. 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. 7922.203. 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 Fort Bend County Municipal Utility District | ||
| No. 219 initially includes all the territory contained in the | ||
| following area: | ||
| 434.541 Acres of Land, being out of the Rich/Gerner Joint | ||
| Venture Tract (Volume 1645, Page 762 and 771 of the Official Records | ||
| of Fort Bend County, Texas), being 191.354 Acres, more or less, in | ||
| the William Andrews League, Abstract 3 and 243.187 Acres, more or | ||
| less, in the Samuel Isaacs League, Abstract 35, Fort Bend County, | ||
| Texas. | ||
| Beginning at a 5/8 inch capped iron rod set on the East side | ||
| of a 20 inch Dead Elm Tree Stump marking the East line of said | ||
| William Andrews League, Abstract 3 and in the West line of the | ||
| Samuel Isaacs League, Abstract 35; said corner marking the | ||
| Southwest corner of the original Wessendorff Cattle Company call | ||
| 353.9 Acre Tract ; said corner being a re-entrant corner of and the | ||
| Place of Beginning for this tract; | ||
| THENCE, South 76deg.34'10" East, along a fence line, 722.0 | ||
| feet to a 5/8 inch capped iron rod set for angle point; | ||
| THENCE, South 85deg.43'40" East, along a fence line, 1138.92 | ||
| feet to a 5/8 inch capped iron rod set for angle point; | ||
| THENCE, South 62deg.10'45" East, along a fence line, 2465.24 | ||
| feet to a 5/8 inch iron rod found marking the Southerly Northeast | ||
| corner of this tract; | ||
| THENCE, South 00deg.15'10" West, along a fence line, 983.2 | ||
| feet to a 7/8 inch iron pipe found marking the Easterly Southeast | ||
| corner of this tract; | ||
| THENCE, West, along the remains of an old fence line, at | ||
| 1612.76 feet pass a 5/8 inch capped iron rod set, in all 1690.18 | ||
| feet to a point on the centerline of Jones Creek for corner; | ||
| THENCE, Southerly and Westerly along the centerline of Jones | ||
| Creek with the following courses and distances: South 25deg.42'30" | ||
| East, 65.54 feet to a point for angle; South 05deg.33'10" East, 66.3 | ||
| feet to a point for angle; South 01deg.28'10" West, 281.0 feet to a | ||
| point for angle; South 00deg.53'10" East, 281.9 feet to a point for | ||
| angle; South 01deg.23'10" West, 300.3 feet to a point for angle; | ||
| South 25deg.56' West, 223.92 feet to a point for angle; South | ||
| 28deg.41'56" West, 74.64 feet to a point for angle; South | ||
| 42deg.51'40" West, 158.01 feet to a point for angle; South | ||
| 59deg.13'30" West, 314.29 feet to a point for angle; South | ||
| 83deg.40'10" West, 199.21 feet to a point for angle; North | ||
| 85deg.52'10" West, 242.08 feet to a point for angle; North | ||
| 65deg.06'40" West, 404.61 feet to a point for angle; North | ||
| 66deg.13'50" West, 288.86 feet to a point for angle; North | ||
| 68deg.29'40" West, 276.58 feet to a point for angle; North | ||
| 76deg.44'10" West, 329.15 feet to a point for angle; North | ||
| 84deg.50'13" West, at 185.47 feet pass said League Line, in all | ||
| 217.53 feet to point for angle; South 74deg.09'50" West, 240.65 | ||
| feet to a point for angle; South 72deg.34' West, 288.63 feet to a | ||
| point for angle; South 66deg.01' West, 358.92 feet to a point for | ||
| angle; South 55deg.39'35" West, 247.4 feet to a point for angle; | ||
| South 39deg.03'20" West, 173.21 feet to a point for angle; South | ||
| 41deg.49'10" West, 179.19 feet to a point for angle; South | ||
| 37deg.11'32" West, 40.32 feet to a point for the most Southerly | ||
| South corner of this tract; | ||
| THENCE, North 61deg.55'43" West, leaving said Jones Creek, | ||
| and along the centerline of a Drainage Ditch, 116.46 feet to a point | ||
| for angle; | ||
| THENCE, continuing Northwesterly along the centerline of | ||
| said Drainage Ditch with the following courses and distances: | ||
| North 28deg.40'03" West, 71.03 feet to a point for angle; North | ||
| 36deg.45'31" West, 104.1 feet to a point for angle; North | ||
| 34deg.34'37" West, 217.76 feet to a 1/2 inch iron pipe found for | ||
| angle; South 55deg.56'57" West, 66.86 feet to a 1/2 inch iron pipe | ||
| found for angle; North 55deg.14'54" West, 87.37 feet to a 1/2 inch | ||
| iron pipe found for angle; North 27deg.56'22" West, 61.11 feet to a | ||
| 1/2 inch iron pipe found for angle; North 38deg.36'05" West, 224.52 | ||
| feet to a 1/2 inch iron pipe found for angle; North 79deg.00'35" | ||
| West, 100.44 feet to a capped 1/2 inch iron rod found for angle; | ||
| THENCE, North 00deg.07'56" West, leaving said Ditch, 196.65 | ||
| feet to a 1/2 inch iron pipe found for corner; | ||
| THENCE, South 89deg.53'10" East, along a fence line, 360.59 | ||
| feet to a 5/8 inch capped iron rod set for corner; | ||
| THENCE, North 00deg.58'40" West, along a fence line 747.67 | ||
| feet to a 5/8 inch capped iron rod set marking a re-entrant corner | ||
| of this tract; said corner also marks the Northeast corner of the | ||
| original John Rosenbush Tract recorded in Volume 352, Page 184 of | ||
| the Deed Records; | ||
| THENCE, South 89deg.46'50" West, along a fence line, 1505.0 | ||
| feet to a 5/8 inch capped iron rod set at corner post marking the | ||
| Westerly Southwest corner of this tract; | ||
| THENCE, North 00deg.13'55" East, along the East right-of-way | ||
| line of State Farm Market Road No. 723, 896.28 feet to a 5/8 inch | ||
| capped iron rod set at corner post marking the Westerly Northwest | ||
| corner of this tract; | ||
| THENCE, South 89deg.37'28" East, along a fence line, 1557.35 | ||
| feet to a 1/2 inch iron pipe found marking another re-entrant corner | ||
| of this tract; | ||
| THENCE, North 01deg.23'12" East, 535.35 feet to a point on | ||
| the centerline of said Jones Creek for corner; | ||
| THENCE, Northerly, along the centerline of Jones Creek with | ||
| the following courses and distances: North 37deg.30'33" West, | ||
| 64.68 feet to a point for angle; North 16deg.41'40" West, 114.0 feet | ||
| to a point for angle; North 01deg.50'20" East, 110.6 feet to a point | ||
| for angle; North 19deg.50'20" East, 105.0 feet to a point for angle; | ||
| North 33deg.40'20" East, 128.8 feet to a point for angle; North | ||
| 45deg.11'20" East, 146.7 feet to a point for angle; North | ||
| 54deg.41'20" East, 164.5 feet to a point for angle; North | ||
| 59deg.48'20" East. 355.8 feet to a point for angle; North | ||
| 49deg.11'20" East, 194.18 feet to a point for angle; North | ||
| 38deg.48'20" East, 74.2 feet to a point on the centerline of Andrus | ||
| Branch to a point for angle; North 38deg.46'20" East, 63.53 feet to | ||
| a point for angle; North 20deg.48'22" East, 133.2 feet to a point | ||
| for angle; North 18deg.33'20" East, 209.1 feet to a point for angle; | ||
| North 13deg.42'20" East, 264.9 feet to a point for angle; North | ||
| 06deg.32'20" East, 451.7 feet to a point for angle; North | ||
| 12deg.04'20" East, 318.4 feet to a point for angle; North | ||
| 23deg.49'20" East, 130.3 feet to a point for angle; North | ||
| 36deg.43'20" East, 240.1 feet to a point for angle; North | ||
| 33deg.04'40" East, 372.7 feet to a point for angle; North | ||
| 44deg.20'20" East, 156.2 feet to a point marking the North corner of | ||
| this tract; | ||
| THENCE, South, along the East line of said William Andrews | ||
| League, Abstract 3 and West line of the Samuel Isaacs League, | ||
| Abstract 35, at 267.62 feet pass a railroad spike set in the North | ||
| side of an 18 inch diameter Pecan Tree, along a fence line, in all | ||
| 1987.49 feet to the place of beginning and containing 434.541 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 | ||
| 7922, Special District Local Laws Code, as added by Section 1 of | ||
| this Act, is amended by adding Section 7922.106 to read as follows: | ||
| Sec. 7922.106. 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 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, 2015. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 2007 passed the Senate on | ||
| May 8, 2015, by the following vote: Yeas 30, Nays 1. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 2007 passed the House on | ||
| May 27, 2015, by the following vote: Yeas 144, Nays 0, two | ||
| present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
