Bill Text: TX HB4639 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the creation of the Fort Bend County Municipal Utility District No. 237; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2019-06-10 - Effective immediately [HB4639 Detail]
Download: Texas-2019-HB4639-Enrolled.html
H.B. No. 4639 |
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relating to the creation of the Fort Bend County Municipal Utility | ||
District No. 237; 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 8063 to read as follows: | ||
CHAPTER 8063. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 237 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8063.0101. 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. 237. | ||
Sec. 8063.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8063.0103. 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. 8063.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
8063.0103 or 8063.0401, issue bonds, or incur any debt 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. 8063.0105. 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. 8063.0106. 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. 8063.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8063.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 8063.0202. 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 8063.0103; 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 8063.0103 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 8063.0103; 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. 8063.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8063.0302. 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. 8063.0303. 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. 8063.0304. 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. 8063.0305. 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. 8063.0306. DIVISION OF DISTRICT. (a) The district may | ||
be divided into two or more new districts only if the district: | ||
(1) has no outstanding bonded debt; and | ||
(2) is not imposing ad valorem taxes. | ||
(b) This chapter applies to any new district created by the | ||
division of the district, and a new district has all the powers and | ||
duties of the district. | ||
(c) Any new district created by the division of the district | ||
may not, at the time the new district is created, contain any land | ||
outside the area described by Section 2 of the Act enacting this | ||
chapter. | ||
(d) The board, on its own motion or on receipt of a petition | ||
signed by the owner or owners of a majority of the assessed value of | ||
the real property in the district, may adopt an order dividing the | ||
district. | ||
(e) The board may adopt an order dividing the district | ||
before or after the date the board holds an election under Section | ||
8063.0103 to confirm the creation of the district. | ||
(f) An order dividing the district shall: | ||
(1) name each new district; | ||
(2) include the metes and bounds description of the | ||
territory of each new district; | ||
(3) appoint temporary directors for each new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between or among the new districts. | ||
(g) On or before the 30th day after the date of adoption of | ||
an order dividing the district, the district shall file the order | ||
with the commission and record the order in the real property | ||
records of each county in which the district is located. | ||
(h) Any new district created by the division of the district | ||
shall hold a confirmation and directors' election as required by | ||
Section 8063.0103. | ||
(i) If the creation of the new district is confirmed, the | ||
new district shall provide the election date and results to the | ||
commission. | ||
(j) Any new district created by the division of the district | ||
must hold an election as required by this chapter to obtain voter | ||
approval before the district may impose a maintenance tax or issue | ||
bonds payable wholly or partly from ad valorem taxes. | ||
(k) Municipal consent to the creation of the district and to | ||
the inclusion of land in the district granted under Section | ||
8063.0104 acts as municipal consent to the creation of any new | ||
district created by the division of the district and to the | ||
inclusion of land in the new district. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8063.0401. 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 8063.0403. | ||
(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. 8063.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8063.0401, 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. 8063.0403. 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. 8063.0501. 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. 8063.0502. 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. 8063.0503. 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. 237 initially includes all the territory contained in the | ||
following area: | ||
Being an approximate 2,555.5 acres located in the Abraham D. | ||
Kelker Survey, Abstract 273, the M. M. Ryon Survey, Abstract 368, | ||
the William Byrne Survey, Abstract 112, and the Henry Wilcox | ||
Survey, Abstract 342, and located in extraterritorial jurisdiction | ||
of the Town of Thompsons, Fort Bend County, Texas, more | ||
particularly described by metes and bounds as follows, (all | ||
bearings referenced to the Texas Coordinate System, South Central | ||
Zone, NAD83): | ||
TRACT 1 | ||
BEGINNING at the north or northwest corner of the M. M. Ryon | ||
Survey, Abstract 380, said corner being an interior corner on the | ||
south line of the M. M. Ryon Survey, Abstract 368; | ||
Thence, South 42° 11' 26" West, along the northwesterly line | ||
of the M. M. Ryon Survey, Abstract 380, 1,372.63 feet more or less | ||
to a point for a westerly southwest corner of said M. M. Ryon | ||
Survey, Abstract 368, same being the northeast corner of the | ||
Michael Young League, Abstract 99, Fort Bend County, Texas; | ||
Thence, North 47° 55' 18" West, departing the northwesterly | ||
line of said M. M. Ryon Survey, Abstract 380 and along the | ||
northeasterly line of said Michael Young League and along the | ||
southwesterly line of said M. M. Ryon Survey, Abstract 368, at | ||
594.00 feet more or less pass the common south corner of said M. M. | ||
Ryon Survey, Abstract 368 and said William Byrne Survey, continuing | ||
along the northeasterly line of said Michael Young League and along | ||
the southwesterly line of said William Byrne Survey, at 5,130.00 | ||
feet more or less pass the common south corner of said William Byrne | ||
Survey and the aforementioned Henry Wilcox Survey, continuing along | ||
the northeasterly line of said Michael Young League and along the | ||
southwesterly line of said Henry Wilcox Survey, in all a total of | ||
14,246.76 feet more or less to a point for the common west corner of | ||
said Henry Wilcox Survey and said Michael Young League, said point | ||
being on the southeasterly line of the E. P. Everett Survey, | ||
Abstract 387, Fort Bend County, Texas; | ||
Thence, North 42° 00' 43" East, along the northwesterly line | ||
of said Henry Wilcox Survey and the southeasterly line of said E. P. | ||
Everett Survey, 1,416.67 feet more or less to a point for the common | ||
north corner of said Henry Wilcox Survey and said S. B. Pentecost | ||
Survey, said point being on the southwesterly line of the Wiley | ||
Martin League, Abstract 56, Fort Bend County, Texas; | ||
Thence, South 67° 54' 35" East, along the southwesterly line | ||
of the Wiley Martin League and the northeasterly line of said Henry | ||
Wilcox Survey, 9,702.78 feet more or less to a point for the | ||
northeast corner of said Henry Wilcox Survey, said point being the | ||
northwest corner of the Peter Teal Survey, Abstract 337, Fort Bend | ||
County, Texas; | ||
Thence, South 42° 04' 42" West, along the southeasterly line | ||
of said Henry Wilcox Survey and the northwesterly line of the Peter | ||
Teal Survey, 1,661.11 feet more or less to a point for the common | ||
west corner of said Peter Teal Survey and the aforementioned | ||
William Byrne Survey; | ||
Thence, South 47° 55' 18" East, along the northeasterly line | ||
of said William Byrne Survey and the southwesterly line of said | ||
Peter Teal Survey, 4,536.11 feet more or less to a point for the | ||
common east corner said Peter Teal Survey and said William Byrne | ||
Survey, said point being on the northwesterly line of the | ||
aforementioned M. M. Ryon Survey, Abstract 368; | ||
Thence, North 42° 04' 42" East, along the northeasterly line | ||
of said M. M. Ryon Survey, Abstract 368 and the southwesterly line | ||
of said Peter Teal Survey, 3,389.92 feet more or less to a point for | ||
corner in the centerline of a farm road; | ||
Thence, South 25° 06' 53" West, along the centerline of a farm | ||
road, 843.77 feet more or less to a point for corner; | ||
Thence, South 67° 30' 40" East, 2,249.84 feet more or less to a | ||
point for corner on the west right-of-way line of State Farm to | ||
Market Road No. 762 (called 80 feet wide); | ||
Thence, South 22° 25' 03" West, along west right-of-way line | ||
of said State Farm to Market Road No. 762, 5,356.02 feet more or | ||
less to a point for corner on the northeasterly line of the | ||
aforementioned M. M. Ryon Survey, Abstract 380 and the | ||
southwesterly line of said M. M. Ryon Survey, Abstract 368; | ||
Thence, North 47° 48' 34" West, along the northeasterly line | ||
of said M. M. Ryon Survey, Abstract 380 and the southwesterly line | ||
of said M. M. Ryon Survey, Abstract 368, 3,571.19 feet more or less | ||
to the POINT OF BEGINNING and containing 1,339.9 acres of land more | ||
or less. | ||
TRACT 2 | ||
BEGINNING at a point for the northwest corner of that certain | ||
called 95.392 acre tract (referred to as Parcel PS09-C03) conveyed | ||
to Texas Genco Holdings, Inc by an instrument of record in File | ||
Number 2002094433, F.B.C.O.P.R., said Texas Genco Holdings, Inc | ||
formerly known as NRG Texas, LP by certificate of Merger dated March | ||
15, 2006 and filed for record under File Number 2006042648, | ||
F.B.C.O.P.R., and now known as NRG Texas Power LLC by certificate of | ||
Merger dated June 28, 2007 and filed for record under File Number | ||
2007089660, F.B.C.O.P.R., said point being on the southerly | ||
right-of-way line of Smithers Lake Road (Width varies); | ||
Thence, South 36° 10' 27" West, along the west line of said | ||
95.392 acre tract, 73.99 feet more or less to a point for corner; | ||
Thence, South 53° 49' 32" East, along a southwesterly line of | ||
said 95.392 acre tract, 2,501.52 feet more or less to a point for | ||
corner; | ||
Thence, South 53° 49' 45" East, continuing along a | ||
southwesterly line of said 95.392 acre tract, 10.54 feet more or | ||
less to a point for corner on the easterly line of the | ||
aforementioned Abraham D. Kelker Survey, same being the westerly | ||
line of the H. A. Alsbury Survey, Abstract 102, Fort Bend County, | ||
Texas; | ||
Thence, South 22° 26' 59" West, along the easterly line of | ||
said Abraham D. Kelker Survey and the westerly line of said H. A. | ||
Alsbury Survey, 5,076.45 feet more or less to a point for the south | ||
corner of said Abraham D. Kelker Survey and said H. A. Alsbury | ||
Survey, said point being on the northerly line of the A. P. George | ||
Survey, Abstract 754, Fort Bend County, Texas; | ||
Thence, North 67° 33' 01" West, along the southerly line of | ||
said Abraham D. Kelker Survey and the northerly line of said A. P. | ||
George Survey, 8,571.11 feet more or less to a point for corner on | ||
the east right-of-way line of State Farm to Market Road No. 762 | ||
(called 80 feet wide); | ||
Thence, North 22° 26' 59" East, along the east right-of-way | ||
line of said State Farm Market Road No. 762, 7,245.94 feet more or | ||
less to a point for corner at the intersection of the east | ||
right-of-way line of said State Farm to Market Road No. 762 and the | ||
aforementioned southerly right-of-way line of Smithers Lake Road; | ||
Thence, South 53° 49' 32" East, along the southerly | ||
right-of-way line of said Smithers Lake Road, 6,329.05 feet more or | ||
less to the POINT OF BEGINNING and containing 1,215.6 acres of land. | ||
Said Tract 1 and Tract 2 containing a total of 2,555.5 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 | ||
8063, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8063.0307 to read as follows: | ||
Sec. 8063.0307. 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, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4639 was passed by the House on April | ||
26, 2019, by the following vote: Yeas 123, Nays 16, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4639 was passed by the Senate on May | ||
22, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |