By: Zerwas (Senate Sponsor - Kolkhorst)	H.B. No. 3095
	(In the Senate - Received from the House April 15, 2019;
	April 16, 2019, read first time and referred to Committee on
	Intergovernmental Relations; May 6, 2019, reported favorably by
	the following vote:  Yeas 7, Nays 0; May 6, 2019, sent to printer.)
Click here to see the committee vote

	A BILL TO BE ENTITLED
	AN ACT
	relating to the board of directors and powers and duties of the Fort
	Bend County Municipal Utility District No. 214; providing authority
	to issue bonds; providing authority to impose 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 8060 to read as follows:
	CHAPTER 8060.  FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 214
	SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 8060.0101.  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. 214.
	Sec. 8060.0102.  NATURE AND PURPOSES OF DISTRICT.  (a)  The
	district is a municipal utility district created under Section 59,
	Article XVI, Texas Constitution.
	(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.
	SUBCHAPTER B.  BOARD OF DIRECTORS
	Sec. 8060.0201.  GOVERNING BODY; TERMS.  (a)  The district is
	governed by a board of five elected directors.
	(b)  Except as provided by Section 8060.0202, directors
	serve staggered four-year terms.
	Sec. 8060.0202.  TEMPORARY DIRECTORS.  (a)  The temporary
	board consists of:
	(1)  Scott Frasier;
	(2)  Paul Cornett;
	(3)  Monica Preston;
	(4)  Barbara Jo D'Andrea; and
	(5)  Rebecca Mulvaney.
	(b)  Temporary directors serve until the earlier of:
	(1)  the date permanent directors are elected at an
	election held under Section 49.102, Water Code; or
	(2)  the fourth anniversary of the effective date of
	the Act enacting this chapter.
	(c)  If permanent directors have not been elected at an
	election held under Section 49.102, Water Code, 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 at an
	election held under Section 49.102, Water Code; 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. 8060.0301.  GENERAL POWERS AND DUTIES.  The district
	has the powers and duties necessary to accomplish the purposes for
	which the district is created.
	Sec. 8060.0302.  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. 8060.0303.  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. 8060.0304.  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.
	SUBCHAPTER D.  BONDS AND OTHER OBLIGATIONS
	Sec. 8060.0401.  AUTHORITY TO ISSUE BONDS AND OTHER
	OBLIGATIONS FOR ROAD PROJECTS.  (a)  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 a road
	project authorized by Section 8060.0303.
	(b)  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.
	(c)  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.
	Sec. 8060.0402.  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.
	SECTION 2.  The Fort Bend County Municipal Utility District
	No. 214 retains all the rights, powers, privileges, authority,
	duties, and functions that it had before the effective date of this
	Act.
	SECTION 3.  (a)  The legislature validates and confirms all
	governmental acts and proceedings of the Fort Bend County Municipal
	Utility District No. 214 that were taken before the effective date
	of this Act.
	(b)  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 court
	judgment; or
	(2)  has been held invalid by a final court judgment.
	SECTION 4.  (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 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.
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