83R7067 MMC-F
	By: Zerwas	H.B. No. 2284

	A BILL TO BE ENTITLED
	relating to the creation of the Fort Bend County Municipal Utility
	District No. 210; 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 8462 to read as follows:
	CHAPTER 8462.  FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 210
	SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 8462.001.  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. 210.
	Sec. 8462.002.  NATURE OF DISTRICT.  The district is a
	municipal utility district created under Section 59, Article XVI,
	Texas Constitution.
	Sec. 8462.003.  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. 8462.004.  CONSENT OF MUNICIPALITY REQUIRED. The
	temporary directors may not hold an election under Section 8462.003
	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. 8462.005.  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. 8462.006.  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. 8462.051.  GOVERNING BODY; TERMS.  (a)  The district is
	governed by a board of five elected directors.
	(b)  Except as provided by Section 8462.052, directors serve
	staggered four-year terms.
	Sec. 8462.052. 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 8462.003; 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 8462.003 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 8462.003; 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. 8462.101.  GENERAL POWERS AND DUTIES.  The district has
	the powers and duties necessary to accomplish the purposes for
	which the district is created.
	Sec. 8462.102.  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. 8462.103.  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. 8462.104.  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, zoning and
	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. 8462.105.  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. 8462.151.  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 8462.153.
	(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. 8462.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
	authorized at an election held under Section 8462.151, 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. 8462.153.  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. 8462.201.  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. 8462.202.  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. 8462.203.  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. 210 initially includes all the territory contained in the
	following area:
	BEING a 1145.87 acre tract of land situated in the John Foster
	2-1/2 League Grant, Abstract No. 26 of Fort Bend County, Texas and
	being part of a called 3063.45 acre tract of land described as First
	Tract in a conveyance to Foster Farms, Inc. recorded in Volume 362,
	Page 549 of the Fort Bend County Deed Records (F.B.C.D.R.), said
	1145.87 acre tract of land described by metes and bounds as follows:
	COMMENCING at the most westerly northwest corner of said
	3063.45 acre tract and being in the western line of said John Foster
	2-1/2 League Grant and the eastern line of the Randon & Pennington
	League, Abstract No. 75 of Fort Bend County;
	THENCE, SOUTH, a distance of 6,982.18 feet along the western
	line of said 3063.45 acre tract to the northwest corner of the
	herein described tract and being the POINT OF BEGINNING;
	THENCE, N 89° 58' 40" E, a distance of 10,824.34 feet over and
	across said 3063.45 acre tract partially along the southern
	right-of-way line of Beadle Drive (80' Wide) to the northeast
	corner of the herein described tract and being in the western line
	of a called 1410.69 acre tract described as Second Tract in the deed
	recorded in Volume 362, Page 549 of the F.B.C.D.R.;
	THENCE, SOUTH, a distance of 6,932.93 feet to the southeast
	corner of the herein described tract and being approximately
	200-feet from the northern high bank of the Brazos River;
	THENCE, along the lines approximately 200-feet from the
	northern high bank of the Brazos River the following courses and
	distances:
	N 32° 26' 29" W, a distance of 416.17 feet to a point for
	corner;
	N 62° 34' 02" W, a distance of 913.05 feet to a point for
	corner;
	N 88° 44' 19" W, a distance of 960.84 feet to a point for
	corner;
	S 49° 09' 18" W, a distance of 1,666.23 feet to a point for
	corner;
	S 30° 09' 01" W, a distance of 1,887.00 feet to the most
	southern corner of the herein described tract and being in the east
	line of a called 218.562 acre tract described and recorded under
	F.B.C.C.F. No. 9677436;
	THENCE, N 00° 28' 00" W, a distance of 4,804.31 feet along the
	east line of said 218.562 acre tract and the east line of a called
	101.314 acre tract described and recorded under F.B.C.C.F. No.
	9677438 to a point for corner;
	THENCE, N 89° 52' 00" W, a distance of 1,757.20 feet along the
	north line of said 101.314 acre tract to an angle point;
	THENCE, S 89° 59' 20" W, a distance of 1,582.34 feet to a point
	for corner being in the east right-of-way line of Stratmore Road
	(Width Varies);
	THENCE, N 00° 05' 10" W, a distance of 1,682.65 feet along said
	east right-of-way line to a point for corner;
	THENCE, N 89° 59' 10" W, a distance of 2,777.28 feet to the
	southwest corner of the herein described tract and being
	approximately 200-feet from the eastern high bank of the Brazos
	River;
	THENCE, N 31° 19' 40" W, a distance of 891.23 feet to the most
	western corner of the herein described tract and being in the west
	line of said 3063.45 acre tract also being in the western line of
	said John Foster 2-1/2 League Grant and the eastern line of the
	Randon & Pennington League, Abstract No. 75 of Fort Bend County;
	THENCE, NORTH, a distance of 1,604.60 feet along the common
	survey line to the POINT OF BEGINNING and containing 1145.87 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)  If this Act does not receive a two-thirds
	vote of all the members elected to each house, Subchapter C, Chapter
	8462, Special District Local Laws Code, as added by Section 1 of
	this Act, is amended by adding Section 8462.106 to read as follows:
	Sec. 8462.106.  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, 2013.