Bill Text: TX SB2509 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the creation of the Fort Bend County Municipal Utility District No. 240; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (N/A - Dead) 2019-04-03 - Referred to Intergovernmental Relations [SB2509 Detail]
Download: Texas-2019-SB2509-Introduced.html
86R16534 TSR-F | ||
By: Kolkhorst | S.B. No. 2509 |
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relating to the creation of the Fort Bend County Municipal Utility | ||
District No. 240; 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 8347 to read as follows: | ||
CHAPTER 8347. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 240 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8347.0101. 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. 240. | ||
Sec. 8347.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8347.0103. 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. 8347.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
8347.0103 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. 8347.0105. 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. 8347.0106. 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. 8347.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8347.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 8347.0202. 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 8347.0103; 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 8347.0103 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 8347.0103; 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. 8347.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8347.0302. 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. 8347.0303. 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. 8347.0304. 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. 8347.0305. 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. 8347.0306. DIVISION OF DISTRICT. (a) The district may | ||
be divided into two or more new districts only if the district: | ||
(1) has never issued any bonds; 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) A 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 | ||
8347.0103 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 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) A new district created by the division of the district | ||
shall hold a confirmation and directors' election as required by | ||
Section 8347.0103. | ||
(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 | ||
8347.0104 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. 8347.0401. 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 8347.0403. | ||
(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. 8347.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8347.0401, 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. 8347.0403. 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. 8347.0501. 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. 8347.0502. 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. 8347.0503. 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. 240 initially includes all the territory contained in the | ||
following area: | ||
TRACT 1 - 203.50 ACRES | ||
Being a 203.50 acre tract of land out of the Randolph Foster | ||
League, Abstract 28, and the Thomas Westfall League, Abstract 92 | ||
and the Noel F. Roberts League, Abstract 79 Fort Bend County, Texas; | ||
said 203.50 acre tract of land being more particularly described by | ||
metes and bounds as follows: | ||
COMMENCING at the Northwest corner of Thomas Westfall League, | ||
Abstract 92; THENCE North 89° 53' 37" East with the common line of | ||
said Foster League and said Westfall League, 1645.89 feet to a point | ||
in the East right-of-way line of F.M. 1489 for the POINT OF | ||
BEGINNING of the herein tract of land; | ||
THENCE with said East right-of-way line, along the arc of a | ||
curve to the right, having a radius of 2166.91 feet, a central angle | ||
of 01° 46' 20", an arc length of 67.02 feet, and a chord bearing | ||
North 04° 34' 23" East, 67.02 feet to a point for corner; | ||
THENCE South 88° 56' 17" East, 4353.01 feet to a point for | ||
corner in the centerline of Big Bayou (Bessie's Creek); | ||
THENCE with the meanders of said centerline as follows: | ||
- South 46° 57' 47" East, 639.50 feet to a point for corner; | ||
- South 49° 22' 47" East, 386.90 feet to a point for corner; | ||
- South 68° 19' 37" East, 544.00 feet to a point for corner; | ||
- South 23° 42' 07" East, 440.41 feet to a point for corner; | ||
- South 22° 08' 03" West, 221.91 feet to a point for corner; | ||
- South 53° 41' 23" West, 287.12 feet to a point for corner; | ||
- North 86° 22' 00" West, 2.51 feet to a point for corner; | ||
THENCE South 00° 43' 33" West, 136.84 feet to a point for | ||
corner in the West right-of-way line of Vernon Frost Road; | ||
THENCE with said West right-of-way line as follows: | ||
- South 13° 55' 15" West, 116.39 feet to a point for corner; | ||
- South 00° 01' 45" East, 883.80 feet to a point for corner; | ||
- South 52° 29' 11" West, 41.12 feet to a point for corner in | ||
the North right-of-way line of said Vernon Frost Road; | ||
THENCE with said North right-of-way line as follows: | ||
- North 83° 31' 42" West, 2367.99 feet to a point for corner; | ||
- South 64° 33' 59" West, 248.96 feet to a point for corner; | ||
THENCE North 04° 02' 15" West, 982.17 feet to a point for | ||
corner; | ||
THENCE North 05° 25' 55" East, 275.65 feet to a point for | ||
corner in the aforementioned centerline of Big Bayou; | ||
THENCE with the meanders of said centerline as follows: | ||
- South 73° 53' 23" West, 212.50 feet to a point for corner; | ||
- South 56° 15' 13" West, 133.89 feet to a point for corner; | ||
THENCE North 01° 05' 23" East, 948.59 feet to a point for | ||
corner; | ||
THENCE North 88° 57' 42" West, 2,489.02 feet to a point for | ||
corner in the aforementioned east right-of-way line of F.M. 1489; | ||
THENCE with said East right-of-way as follows: | ||
- North 03° 01' 27" West, 312.88 feet to a point for corner | ||
and the beginning of a curve to the right; | ||
- Along the arc of said curve to the right, having a radius | ||
of 2166.91 feet, a central angle of 06° 42' 40", an arc length of | ||
253.82 feet, and a chord bearing North 00° 19' 53" East, 253.67 feet | ||
to the POINT OF BEGINNING; containing 203.50 acres of land, more or | ||
less. | ||
TRACT 2 - 47.74 ACRES | ||
Being a 47.74 acre tract of land out of the Thomas Westfall | ||
League, Abstract 92 Fort Bend County, Texas; said 47.74 acre tract | ||
of land being more particularly described by metes and bounds as | ||
follows: | ||
COMMENCING at a point in the East line of said Thomas Westfall | ||
League, Abstract 92 and being in the South right-of-way line of | ||
Vernon Frost Road; THENCE North 83° 31' 43" West with said South | ||
right-of-way line, 979.03 feet to a point in the West line of a | ||
Roadway for Ingress and Egress and Utilities and for the POINT OF | ||
BEGINNING of the herein tract of land; | ||
THENCE South 20° 02' 44" West with said West line, 1452.74 | ||
feet to a point for corner; | ||
THENCE North 83° 42' 22" West, 930.30 feet to a point for | ||
corner; | ||
THENCE South 22° 36' 17" West, 8.24 feet to a point for corner; | ||
THENCE South 71° 32' 11" West, 1961.02 to a point for corner in | ||
the East right-of-way line of F.M. 1489; | ||
THENCE North 33° 39' 18" West with said East right-of-way | ||
line, 694.24 feet to a point for corner; | ||
THENCE North 64° 33' 59" East, 1369.17 feet to a point for | ||
corner; | ||
THENCE South 83° 31' 43" East, 1324.09 feet to a point for | ||
corner; | ||
THENCE North 06° 28' 17" East, 883.00 feet to a point for | ||
corner in the South right-of-way line of the aforementioned Vernon | ||
Frost Road; | ||
THENCE South 83° 31' 43" East with said South right-of-way | ||
line, 23.23 to the POINT OF BEGINNING; containing 47.74 acres of | ||
land, more or less. | ||
TRACT 3 - 10.95 ACRES | ||
Being a 10.95 acre tract of land out of the Thomas Westfall | ||
League, Abstract 92 Fort Bend County, Texas; said 10.95 acre tract | ||
of land being more particularly described by metes and bounds as | ||
follows: | ||
COMMENCING at a point in the East line of said Thomas Westfall | ||
League, Abstract 92 and being in the South right-of-way line of | ||
Vernon Frost Road; THENCE North 83° 31' 43" East with said South | ||
right-of-way line, 30.19 feet to the POINT OF BEGINNING of the | ||
herein tract of land; | ||
THENCE South 00° 05' 00" West, 593.27 feet to a point for | ||
corner; | ||
THENCE North 83° 31' 42" West, 694.99 feet to a point for | ||
corner in the East line of a Roadway for Ingress and Egress and | ||
Utilities; | ||
THENCE North 20° 02' 44" West with said East line, 658.90 feet | ||
to a point for corner in the South right-of-way line of the | ||
aforementioned Vernon Frost Road; | ||
THENCE South 83° 31' 43" East with said South right-of-way | ||
line, 923.16 to the POINT OF BEGINNING; containing 10.95 acres of | ||
land, more or less. | ||
TRACT 4 - 84.60 ACRES | ||
Being a 95.93 acre tract of land out of the Randolph Foster | ||
League, Abstract 28, and the Thomas Westfall League, Abstract 92 | ||
Fort Bend County, Texas; said 95.93 acre tract of land being more | ||
particularly described by metes and bounds as follows: | ||
COMMENCING at the Northwest corner of Thomas Westfall League, | ||
Abstract 92; THENCE North 89° 53' 37" East with the common line of | ||
said Foster League and said Westfall League, 1645.89 feet to a point | ||
in the East right-of-way line of F.M. 1489; | ||
THENCE with said East right-of-way line, along the arc of a | ||
curve to the right, having a radius of 2166.91 feet, a central angle | ||
of 01° 46' 20", an arc length of 67.02 feet, and a chord bearing | ||
North 04° 34' 23" East, 67.02 feet to the POINT OF BEGINNING of the | ||
herein tract of land; | ||
THENCE with said East right-of-way line, along the arc of a | ||
curve to the right, having a radius of 2166.91 feet, a central angle | ||
of 05° 49' 38", an arc length of 220.39 feet, and a chord bearing | ||
North 08° 22' 23" East, 220.29 feet to a point for corner; | ||
THENCE North 10° 25' 33" East, 567.79 feet to a point for | ||
corner; | ||
THENCE North 42° 48' 13" East, 161.59 feet to a point for | ||
corner; | ||
THENCE North 89° 49' 13" East, 776.80 feet to a point for | ||
corner; | ||
THENCE North 89° 50' 13" East, 1300.00 feet to a point for | ||
corner; | ||
THENCE North 89° 47' 53" East, 1493.99 feet to a point for | ||
corner; | ||
THENCE South 05° 13' 23" West, 121.36 feet to a point for | ||
corner in the centerline of Big Bayou (Bessie's Creek); | ||
THENCE with the meanders of said centerline as follows: | ||
- South 20° 06' 37" East, 255.79 feet to a point for corner; | ||
- South 33° 09' 07" East, 391.61 feet to a point for corner; | ||
- South 39° 30' 39" East, 386.36 feet to a point for corner; | ||
- South 46° 57' 47" East, 639.50 feet to a point for corner; | ||
- South 49° 22' 47" East, 386.90 feet to a point for corner; | ||
THENCE South 40° 37' 13" West, 400.00 feet to a point for | ||
corner; | ||
THENCE North 49° 22' 47" West, 395.34 feet to a point for | ||
corner; | ||
THENCE North 46° 57' 47" West, 700.28 feet to a point for | ||
corner; | ||
THENCE North 39° 00' 27" West, 342.84 feet to a point for | ||
corner; | ||
THENCE North 88° 56' 17" West, 3825.88 feet to the POINT OF | ||
BEGINNING; containing 95.93 acres of land more or less; | ||
SAVE AND EXCEPT an 11.33 acre tract of land being more | ||
particularly described by metes and bounds as follows: | ||
COMMENCING at a point in the East right-of-way for the | ||
Southwest corner of said 95.93 acre tract of land; Thence South 88° | ||
56' 17 East, 3825.88 feet to the PLACE OF BEGINNING; | ||
THENCE South 88° 56' 17" East, 527.13 feet to a point for | ||
corner in the centerline of Big Bayou (Bessie's Creek); | ||
THENCE with the meanders of said centerline as follows: | ||
- South 46° 57' 47" East, 639.50 feet to a point for corner; | ||
- South 49° 22' 47" East, 386.90 feet to a point for corner; | ||
THENCE South 40° 37' 13" West, 400.00 feet to a point for | ||
corner; | ||
THENCE North 49° 22' 47" West, 395.34 feet to a point for | ||
corner; | ||
THENCE North 46° 57' 47" West, 700.28 feet to a point for | ||
corner; | ||
THENCE North 39° 00' 27" West, 342.84 to the POINT OF | ||
BEGINNING; containing 11.33 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 | ||
8347, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8347.0307 to read as follows: | ||
Sec. 8347.0307. 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. |