Bill Text: TX HB4174 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to the creation of a defined area in the Fort Bend County Water Control and Improvement District No. 2; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Enrolled - Dead) 2015-06-17 - Effective immediately [HB4174 Detail]
Download: Texas-2015-HB4174-Enrolled.html
H.B. No. 4174 |
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relating to the creation of a defined area in the Fort Bend County | ||
Water Control and Improvement District No. 2; 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. Chapter 312, Acts of the 57th Legislature, | ||
Regular Session, 1961, is amended by adding Sections 9 through 22 to | ||
read as follows: | ||
Sec. 9. DEFINED AREA: CREATION OF DEFINED AREA; | ||
DESIGNATION. (a) A defined area is created in the district. | ||
(b) The defined area is designated to pay for improvements, | ||
facilities, or services that primarily benefit the defined area and | ||
do not generally benefit the district as a whole. | ||
Sec. 10. DEFINED AREA: INITIAL TERRITORY. (a) The defined | ||
area is initially composed of the territory described by Section 2 | ||
of the Act enacting this section. | ||
(b) The boundaries and field notes contained in Section 2 of | ||
the Act enacting this section form a closure. A mistake made in the | ||
field notes or in copying the field notes in the legislative process | ||
does not affect: | ||
(1) the defined area's organization, existence, or | ||
validity; | ||
(2) the district's right to issue any type of bond or | ||
obligation for the purposes for which the defined area is | ||
designated, including to pay the principal of and interest on a | ||
bond; | ||
(3) the district's right to impose or collect a tax in | ||
the defined area; or | ||
(4) the legality or operation of the defined area or | ||
the district. | ||
Sec. 11. DEFINED AREA: EXCLUSION OF LAND. Subject to the | ||
City of Stafford providing written consent by ordinance or | ||
resolution, the district may exclude land from the defined area in | ||
the same manner as the district may exclude land from the district. | ||
Sec. 12. DEFINED AREA: PROCEDURE FOR ELECTION. (a) Before | ||
the district may impose an ad valorem tax or issue bonds payable | ||
from ad valorem taxes of the defined area described by Section 9, | ||
the governing body of the district shall call and hold an election | ||
in the defined area only. | ||
(b) The governing body of the district may submit the | ||
proposition to the voters on the same ballot to be used in another | ||
election. | ||
Sec. 13. DEFINED AREA: TAXES FOR SERVICES, IMPROVEMENTS, | ||
AND FACILITIES. On approval of the qualified voters in the defined | ||
area, the district may apply separately, differently, equitably, | ||
and specifically its taxing power and lien authority to the defined | ||
area to provide money to construct, administer, maintain, and | ||
operate services, improvements, and facilities that primarily | ||
benefit the defined area. | ||
Sec. 14. DEFINED AREA: ISSUANCE OF BONDS. On approval of | ||
the qualified voters in the defined area, the district may issue | ||
bonds to provide for any land, improvements, facilities, plants, | ||
equipment, and appliances for the defined area. | ||
Sec. 15. DEFINED AREA: POWERS AND DUTIES. (a) For the | ||
benefit of the defined area, the district has the powers and duties | ||
provided by the general law of this state necessary to accomplish | ||
the purposes of: | ||
(1) Section 59, Article XVI, Texas Constitution; | ||
(2) Section 52, Article III, Texas Constitution, | ||
applicable to the construction, acquisition, improvement, | ||
operation, or maintenance of macadamized, graveled, or paved roads, | ||
or improvements, including storm drainage, in aid of those roads; | ||
and | ||
(3) except as provided by this chapter, Chapters 49 | ||
and 51, Water Code, applicable to water control and improvement | ||
districts created under Section 59, Article XVI, Texas | ||
Constitution. | ||
(b) Except as provided by Subsection (c), the governing body | ||
of the district shall administer the defined area as provided by | ||
Chapter 51, Water Code. | ||
(c) Sections 51.518, 51.519, 51.520, 51.521, 51.522, | ||
51.523, 51.524, 51.526, 51.527, 51.528, and 51.529, Water Code, do | ||
not apply to the district. | ||
Sec. 16. DEFINED AREA: AUTHORITY FOR ROAD PROJECTS. Under | ||
Section 52, Article III, Texas Constitution, for the benefit of the | ||
defined area, 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, including roads located | ||
outside the boundaries of the defined area that benefit the defined | ||
area. | ||
Sec. 17. DEFINED AREA: ROAD STANDARDS AND REQUIREMENTS. 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. | ||
Sec. 18. DEFINED AREA: IMPROVEMENT PROJECTS AND SERVICES. | ||
For the benefit of the defined area, the district may provide, | ||
design, construct, acquire, improve, relocate, operate, maintain, | ||
or finance an improvement project or service using any money | ||
available to the district, or contract with a governmental or | ||
private entity to provide, design, construct, acquire, improve, | ||
relocate, operate, maintain, or finance an improvement project or | ||
service authorized under this chapter. | ||
Sec. 19. DEFINED AREA: ELECTIONS REGARDING TAXES AND | ||
BONDS. (a) For the benefit of the defined area, the district may | ||
issue, without an election, bonds, notes, and other obligations | ||
secured by revenue other than ad valorem taxes. | ||
(b) The district must hold an election in the defined area | ||
to obtain approval of the qualified voters of the defined area | ||
before the district may impose an ad valorem tax or issue bonds | ||
payable from ad valorem taxes in the defined area. | ||
(c) An election under this section does not require that an | ||
election be held in the part of the district located outside the | ||
defined area. | ||
(d) All or any part of any facilities or improvements that | ||
may be acquired by a district by the issuance of its bonds may be | ||
submitted as a single proposition or as several propositions to be | ||
voted on at the election. | ||
Sec. 20. DEFINED AREA: OPERATION AND MAINTENANCE TAX. | ||
(a) If authorized by a majority of the voters in the defined area | ||
voting at an election held in accordance with Section 19, the | ||
district may impose an operation and maintenance tax on taxable | ||
property in the defined area in accordance with Section 49.107, | ||
Water Code, for any district purpose, including to: | ||
(1) maintain and operate the defined area; | ||
(2) construct or acquire improvements; or | ||
(3) provide a service. | ||
(b) The governing body of the district shall determine the | ||
tax rate. The rate may not exceed the rate approved at the | ||
election. | ||
(c) Section 49.107(h), Water Code, does not apply to the | ||
district. | ||
Sec. 21. DEFINED AREA: AUTHORITY TO BORROW MONEY AND TO | ||
ISSUE BONDS AND OTHER OBLIGATIONS. (a) For the benefit of the | ||
defined area, the district may borrow money on terms determined by | ||
the governing body of the district. | ||
(b) The district may issue bonds, notes, or other | ||
obligations payable wholly or partly from ad valorem taxes, impact | ||
fees, revenue, grants, or other district money, or any combination | ||
of those sources of money from the defined area, to pay for any | ||
authorized district purpose. | ||
(c) The limitation on the outstanding principal amount of | ||
bonds, notes, and other obligations provided by Section 49.4645, | ||
Water Code, does not apply to the district. | ||
(d) The district must obtain approval from the Texas | ||
Commission on Environmental Quality as provided by Chapter 49, | ||
Water Code, before the district issues bonds to provide water, | ||
sewer, or drainage facilities for the benefit of the defined area. | ||
Sec. 22. DEFINED AREA: TAXES FOR BONDS. At the time the | ||
district issues bonds payable wholly or partly from ad valorem | ||
taxes from the defined area, the governing body of the district | ||
shall provide for the annual imposition of a continuing direct | ||
annual ad valorem tax, without limit as to rate or amount, for each | ||
year that all or part of the bonds are outstanding as required and | ||
in the manner provided by Sections 51.433 and 51.436, Water Code. | ||
SECTION 2. The defined area of the Fort Bend County Water | ||
Control and Improvement District No. 2 initially includes all | ||
territory contained in the following area: | ||
SITUATED in the City of Stafford, Texas and in the Thomas J. | ||
Nichols Survey, Abstract No. 296 and the James Alston Survey, | ||
Abstract No. 101 of Fort Bend County, Texas and being all of RESERVE | ||
A and RESERVE B of TEXAS INSTRUMENTS, an addition to the City of | ||
Stafford, according to the Final Plat thereof, recorded under Plat | ||
No. 20130165 of the Plat Records of Fort Bend County, Texas and said | ||
RESERVE A being part of that certain called 193.3692 acre tract of | ||
land described as "Tract No. 1" in a deed recorded in Volume 450, | ||
Page 467 of the Deed Records of Fort Bend County, Texas (DRFBCT) and | ||
part of that certain called 9.2730 acre tract of land described as | ||
"Tract A" and also part of that certain called 15.2574 acre tract of | ||
land described as "Tract B" in a deed recorded in Volume 460, Page | ||
202, DRFBCT and RESERVE B being part of that certain called 7.6923 | ||
acre tract of land described as "Tract No. 2" in the above described | ||
deed recorded in Volume 450, Page 467, DRFBCT and also included is | ||
all of that 35 foot strip of land lying between RESERVE A and | ||
RESERVE B as described in a deed to Texas Instruments Incorporated, | ||
recorded in Volume 561, Page 201, DRFBCT and the consolidation of | ||
these three tract of land being more particularly described by | ||
metes & bounds as follows: | ||
BEGINNING at a 1/2" iron pipe found for the southeast corner | ||
of said RESERVE A, on the west right-of-way line of Murphy Road | ||
(120' R.O.W.) and said point also being the northeast corner of | ||
Greenbrier Southwest Subdivision Section 4 as recorded in Volume | ||
23, Page 24 of the Plat Records of Fort Bend County, Texas (PRFBCT) | ||
said point also being on the south line of the above referenced | ||
15.2574 acre tract; | ||
THENCE: South 89 deg. 50 min. 48 sec. West (Reference | ||
Bearing), along the south line of said RESERVE A and the above | ||
described 15.2574 acre tract and along the north line of said | ||
Greenbriar Southwest Subdivision Section 4 as well as the north | ||
lines of Greenbrier Southwest Subdivision Section 3, recorded in | ||
Volume 22, Page 23, PRFBCT; Greenbrier Southwest Subdivision | ||
Section 2, recorded in Volume 11, Page 14, PRFBCT and Greenbrier | ||
Southwest Subdivision Section 1, recorded in Volume 9, Page 9, | ||
PRFBCT, a distance of 4,779.75 feet to a 1/2" iron pipe found for | ||
the most southerly southwest corner of the above described RESERVE | ||
A and said point being in the east right-of-way line of Kirkwood | ||
Road (variable width R.O.W.) said point also being in a curve having | ||
a radius of 1,349.40 feet and a chord that bears North 12 deg. 06 | ||
min. 47 sec. West - 401.17 feet; | ||
THENCE: In a northerly direction along the east line of said | ||
Kirkwood Road and with said curve to the left, through a total | ||
central angle of 17 deg. 05 min. 50 sec., at an arc distance of | ||
304.42 feet, passing a 1/2 inch iron rod, topped with a red plastic | ||
cap stamped "RPLS 4701", found for the most westerly southwest | ||
corner of said RESERVE A and the southeast corner of the above | ||
described 35 foot strip of land and continuing along said curve to | ||
the left for a total arc distance of 402.66 feet to a point for | ||
corner at the end of said curve; | ||
THENCE: North 21 deg. 32 min. 05 sec. West, continuing along | ||
the east right-of-way line of said Kirkwood Road, at 10.78 feet, | ||
passing a 3/4 inch iron rod found for the southwest corner of said | ||
35 foot strip of land and the most southerly corner of the above | ||
described RESERVE B and continuing on for a total distance 387.89 | ||
feet 3/4 inch iron rod found for corner on the southeast | ||
right-of-way line of U.S. Highway 59; | ||
THENCE: North 19 deg. 54 min. 57 sec. East, along the | ||
southeast right-of-way line of said U. S. Highway 59, a distance of | ||
58.89 feet to a 3/4 inch iron rod found for corner; | ||
THENCE: North 43 deg. 59 min. 43 sec. East, continuing along | ||
the southeast right-of-way line of said U.S. Highway 59, a distance | ||
of 168.94 feet to a 3/4 inch iron rod found for the northerly corner | ||
of said RESERVE B and same being the northwest corner of said 35 | ||
foot strip of land; | ||
THENCE: North 43 deg. 59 min. 43 sec. East, continuing along | ||
the southeast right-of-way line of said U.S. Highway 59 and across | ||
said 35 foot strip of land, a distance of 50.34 feet to a 3/4 inch | ||
iron rod found for the northeast corner of said 35 foot strip of | ||
land and the most westerly northwest corner of said RESERVE A; | ||
THENCE: in a northeasterly direction with the common line of | ||
said RESERVE A and said U.S. Highway 59 as follows: | ||
North 44 deg. 17 min. 43 sec. East, a distance of 15.54 | ||
feet to a 3/4 inch iron rod found for corner; | ||
North 45 deg. 24 min. 47 sec. East, a distance of 400.27 | ||
feet to a 3/4 inch iron rod found for corner; | ||
North 43 deg. 57 min. 06 sec. East, a distance of | ||
1,149.58 feet to a 3/4 inch iron rod found for corner; | ||
North 47 deg. 35 min. 26 sec. East, a distance of 390.48 | ||
feet to a aluminum right-of-way monument found for corner; | ||
North 44 deg. 03 min. 15 sec. East, a distance of 160.95 | ||
feet to a 3/4 inch iron rod found for corner; | ||
North 88 deg. 51 min. 59 sec. East, a distance of 42.50 | ||
feet to a 3/4 inch iron rod found for corner; | ||
South 46 deg. 06 min. 09 sec. East, a distance of 102.61 | ||
feet to a aluminum right-of-way monument found for corner; | ||
South 52 deg. 58 min. 30 sec. East, a distance of 59.54 | ||
feet to a 3/4 inch iron rod found for corner; | ||
South 52 deg. 31 min. 08 sec. East, a distance of 21.27 | ||
feet to a 5/8 inch iron rod found for corner in the south | ||
right-of-way line of Airport Boulevard (100' R.O.W.) said | ||
point also being in a curve to the left, having a radius of | ||
2,914.79 feet and a chord that bears South 68 deg. 05 min. 46 | ||
sec. East - 2,190.07 feet; | ||
THENCE: in a southeasterly direction with the northern line | ||
of said RESERVE A and the south right-of-way line of said Airport | ||
Boulevard, with said curve to the left, through a central angle of | ||
44 deg. 07 min. 59 sec. and along an arc distance of 2,245.17 feet to | ||
a 1/2" iron pipe found for corner at the end of said curve; | ||
THENCE: North 89 deg. 49 min. 22 sec. East, continuing along | ||
the common line of said RESERVE A and Airport Boulevard, a distance | ||
of 1,125.05 feet to a 1/2 inch iron rod found for the northeast | ||
corner of said RESERVE A on the west right-of-way line of Murphy | ||
Road said point also being in a curve to the right, having a radius | ||
of 22,858.33 feet and a chord that bears South 00 deg. 15 min. 52 | ||
sec. East - 136.21 feet; | ||
THENCE: in a southerly direction, with the east line of said | ||
RESERVE A and the west right-of-way line of said Murphy Road, along | ||
said curve to the right, through a central angle of 00 deg. 20 min. | ||
29 sec. and along an arc distance of 136.21 feet to a 1/2 inch iron | ||
rod found for corner at the end of said curve; | ||
THENCE: South 00 deg. 03 min. 31 sec. East, continuing along | ||
the common line of said RESERVE A and Murphy Road, a distance of | ||
1,383.31 feet to the POINT OF BEGINNING and containing 8,373,627 | ||
square feet or 192.232 acres of land. | ||
SECTION 3. The Fort Bend County Water Control and | ||
Improvement District No. 2 retains all the rights, powers, | ||
privileges, authority, duties, and functions that it had before the | ||
effective date of this Act. | ||
SECTION 4. (a) The legislature validates and confirms all | ||
acts and proceedings of the Fort Bend County Water Control and | ||
Improvement District No. 2 that were taken before the effective | ||
date of this Act. | ||
(b) Subsection (a) of this section does not apply to any | ||
matter that on the effective date of this Act: | ||
(1) is involved in litigation if the litigation | ||
ultimately results in the matter being held invalid by a final | ||
judgment of a court; or | ||
(2) has been held invalid by a final judgment of a | ||
court. | ||
SECTION 5. (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 6. 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 certify that H.B. No. 4174 was passed by the House on May | ||
15, 2015, by the following vote: Yeas 139, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4174 was passed by the Senate on May | ||
26, 2015, by the following vote: Yeas 29, Nays 2. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |