Bill Text: TX HB2060 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the creation of the Fort Bend County Municipal Utility District No. 233; 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 immediately [HB2060 Detail]
Download: Texas-2019-HB2060-Enrolled.html
H.B. No. 2060 |
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relating to the creation of the Fort Bend County Municipal Utility | ||
District No. 233; 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 8068 to read as follows: | ||
CHAPTER 8068. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 233 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8068.0101. 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. 233. | ||
Sec. 8068.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8068.0103. 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. 8068.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
8068.0103 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. 8068.0105. 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. 8068.0106. 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. 8068.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8068.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 8068.0202. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) KayeLynn White; | ||
(2) James Grissom; | ||
(3) Whitney Aelmore; | ||
(4) Juan Alexander; and | ||
(5) Shanda Conroy. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8068.0103; 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 8068.0103 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 8068.0103; 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. 8068.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8068.0302. 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. 8068.0303. 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. 8068.0304. 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. 8068.0305. 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. | ||
Sec. 8068.0306. LIMITATION ON USE OF EMINENT DOMAIN. The | ||
district may not exercise the power of eminent domain outside the | ||
district boundaries to acquire a site or easement for: | ||
(1) a recreational facility, as defined by Section | ||
49.462, Water Code; or | ||
(2) a road project authorized by Section 8068.0303. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8068.0401. 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 8068.0403. | ||
(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. 8068.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8068.0401, 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. 8068.0403. 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. 8068.0501. 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. 8068.0502. 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. 8068.0503. 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. 233 initially includes all the territory contained in the | ||
following area: | ||
Being a 210.3-acre tract of land located in the J. D. | ||
Vermillion Survey, A-340 and the B. B. B. & C. R.R. Co. Survey | ||
No. 11, A-132, Fort Bend County, Texas; said 210.3-acre tract being | ||
the remainder of a called 222.87-acre tract of land originally | ||
conveyed to F.X. Joerger in Volume 86, Page 74 of the Fort Bend | ||
County Deed Records (F.B.C.D.R.) and later partitioned in Clerk's | ||
File Number 2017121854 of the Official Public Records of Fort Bend | ||
County (O.P.R.F.B.C.); said 210.3-acre tract being more | ||
particularly described by metes and bounds as follows (all bearings | ||
are referenced to the Texas Coordinate System, NAD 83, 2011 Adj., | ||
South Central Zone): | ||
Beginning at a 5/8-inch iron rod (bent) found for the east | ||
corner of said called 222.87-acre tract, the north corner of The | ||
Meadows on Koeblen, a subdivision recorded in Slide Number 1230A of | ||
the Fort Bend County Plat Records (F.B.C.P.R.), same being on the | ||
southwest line of a called 117.374-acre tract of land recorded in | ||
Clerk's File Number 2009048080; | ||
1. Thence, with the south line of said called 222.87-acre | ||
tract and the north line of said The Meadows on Koeblen, South 42 | ||
degrees 13 minutes 09 seconds West, a distance of 841.11 feet to a | ||
5/8-inch iron rod with cap stamped "COSTELLO INC" set on the | ||
northeasterly line of Koeblen Road (60 feet wide easement), as | ||
recorded in Commissioners Court Meeting Minutes, dated April 28, | ||
1986 from which a 1/2-inch iron pipe found for the north corner of a | ||
called 100.5-acre tract of land recorded in Clerk's File Number | ||
2012117049 of the O.P.R.F.B.C. bears S42°13'09"W, 7.78'; | ||
Thence, with the northwesterly and northeasterly easement | ||
line of said Koeblen Road, the following four (4) courses: | ||
2. 98.97 feet along the arc of a curve to the left, said | ||
curve having a central angle of 46 degrees 28 minutes 52 seconds, a | ||
radius of 122.00 feet and a chord that bears South 64 degrees 59 | ||
minutes 43 seconds West, a distance of 96.28 feet to a 5/8-inch iron | ||
rod with cap stamped "COSTELLO INC" set; | ||
3. South 41 degrees 45 minutes 17 seconds West, a distance | ||
of 445.02 feet to a 5/8-inch iron rod with cap stamped "COSTELLO | ||
INC" set; | ||
4. 127.94 feet along the arc of a curve to the right, said | ||
curve having a central angle of 80 degrees 06 minutes 53 seconds, a | ||
radius of 91.50 feet and a chord that bears South 81 degrees 48 | ||
minutes 43 seconds West, a distance of 117.77 feet to a 5/8-inch | ||
iron rod with cap stamped "COSTELLO INC" set; | ||
5. North 58 degrees 07 minutes 50 seconds West, a distance | ||
of 5,475.47 feet to a 5/8-inch iron rod with cap stamped "COSTELLO | ||
INC" set at the easterly intersection of aforesaid Koeblen Road and | ||
the pending south right-of-way (R.O.W.) line of FM 2218, TxDOT | ||
Parcel 84, RCSJ 2093-01-028 dated February 2018; | ||
6. Thence, with said south R.O.W. line of said FM 2218, | ||
North 18 degrees 08 minutes 33 seconds East, a distance of 512.74 | ||
feet (called N18°08'39"W) to a TxDOT monument found; | ||
7. Thence, continuing with said south R.O.W., 132.95 feet | ||
along the arc of a curve to the right, said curve having a central | ||
angle of 00 degrees 40 minutes 45 seconds, a radius of 11,215.00 | ||
feet and a chord that bears North 18 degrees 28 minutes 56 seconds | ||
East, a distance of 132.94 feet to a 5/8-inch iron rod with cap | ||
stamped "COSTELLO INC" set the northwest corner of the herein | ||
described tract; | ||
8. Thence, South 87 degrees 39 minutes 20 seconds East, a | ||
distance of 2,317.30 feet to a 1-inch iron pipe found; | ||
9. Thence, North 41 degrees 01 minutes 22 seconds East, a | ||
distance of 329.07 feet a 3/4-inch iron pipe found on the northeast | ||
line of aforesaid called 222.87-acre tract and the southwest line | ||
of a called 105.672-acre tract of land recorded in Volume 2669, Page | ||
428 of the F.B.C.D.R.; | ||
10. Thence, with the northeast line of said called | ||
222.87-acre tract, South 48 degrees 50 minutes 23 seconds East, a | ||
distance of 122.46 feet to a 5/8-inch iron rod with cap stamped | ||
"COSTELLO INC" set; | ||
11. Thence, through said called 222.87-acre tract, South 47 | ||
degrees 30 minutes 57 seconds East, a distance of 1975.66 feet to a | ||
5/8-inch iron rod with cap stamped "COSTELLO INC" set; | ||
12. Thence, continuing through said called 222.87-acre | ||
tract, North 50 degrees 13 minutes 33 seconds East, a distance of | ||
46.23 feet to a 5/8-inch iron rod with cap stamped "COSTELLO INC" | ||
set on the northeast line of said called 222.87-acre tract; | ||
13. Thence, with the northeast line of said called | ||
222.87-acre tract, South 48 degrees 50 minutes 23 seconds East, a | ||
distance of 186.02' feet to a 1-inch iron pipe found for the south | ||
corner of said called 105.672-acre tract and the westerly corner of | ||
aforesaid called 117.374-acre tract; | ||
14. Thence, with the common line of said called 222.87-acre | ||
tract and said called 117.374-acre tract, South 47 degrees 51 | ||
minutes 59 seconds East, a distance of 1,695.75 feet to the Point of | ||
Beginning and containing 210.3-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) Section 8068.0306, Special District Local | ||
Laws Code, as added by Section 1 of this Act, takes effect only if | ||
this Act receives a two-thirds vote of all the members elected to | ||
each house. | ||
(b) If this Act does not receive a two-thirds vote of all the | ||
members elected to each house, Subchapter C, Chapter 8068, Special | ||
District Local Laws Code, as added by Section 1 of this Act, is | ||
amended by adding Section 8068.0306 to read as follows: | ||
Sec. 8068.0306. NO EMINENT DOMAIN POWER. The district may | ||
not exercise the power of eminent domain. | ||
(c) 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, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2060 was passed by the House on April | ||
12, 2019, by the following vote: Yeas 139, Nays 4, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2060 was passed by the Senate on May | ||
22, 2019, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |