Bill Text: TX HB5333 | 2023-2024 | 88th Legislature | Enrolled

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Bill Title: Relating to the creation of Fort Bend County Municipal Utility District No. 252; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2023-06-13 - Effective immediately [HB5333 Detail]

Download: Texas-2023-HB5333-Enrolled.html

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H.B. No. 5333

AN ACT
relating to the creation of Fort Bend County Municipal Utility
District No. 252; 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 7975A to read as follows:
CHAPTER 7975A. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 252
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7975A.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 Fort Bend County Municipal
Utility District No. 252.
Sec. 7975A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7975A.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. 7975A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7975A.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 as required by
applicable law.
Sec. 7975A.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. 7975A.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. 7975A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 7975A.0202, directors
serve staggered four-year terms.
Sec. 7975A.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Lester Binnick;
(2) Paul Bosin;
(3) Jessica Freedson;
(4) David Kaegebein; and
(5) Francisco Puentes.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7975A.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 7975A.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 7975A.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. 7975A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7975A.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. 7975A.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. 7975A.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. 7975A.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. 7975A.0306. DIVISION OF DISTRICT. (a) 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.
(b) An order dividing a district may create one or more new
districts and may provide for the continuation of the district.
(c) An order dividing the district shall:
(1) name any new district;
(2) include the metes and bounds description of the
territory of each of the districts;
(3) appoint temporary directors for any new district;
and
(4) provide for the division of assets and liabilities
between the districts.
(d) The board may adopt an order dividing the district
before or after the date the board holds an election to confirm the
district's creation.
(e) The district may be divided only if the district:
(1) has never issued any bonds; and
(2) is not imposing ad valorem taxes.
(f) 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.
(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) 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.
(i) A new district created by the division of the district
shall hold a confirmation and directors' election.
(j) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(k) A 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.
(l) The district may continue to rely on confirmation,
directors', bond, or tax elections held prior to the division.
(m) Municipal consent to the creation of the district and to
the inclusion of land in the district 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. 7975A.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
7975A.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. 7975A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7975A.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. 7975A.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. 7975A.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. 7975A.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. 7975A.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. Fort Bend County Municipal Utility District No.
252 initially includes all the territory contained in the following
area:
A FIELD NOTE DESCRIPTION of a 134.661 acre tract of land in
the H. & T.C. RR. Co. Survey, Section No. 35, Abstract No. 223, Fort
Bend County, Texas; said 134.661 acre tract of land being out of a
called 140.79 acre tract conveyed August and Charles Schendel
Properties LLC, as recorded in Fort Bend County Clerk's File
No. 2021000402; said tract being more particularly described by
metes-and-bounds as follows with the bearings being based on the
Texas State Plane Coordinate System, South Central Zone using
National Geodetic Survey Continuously Operating Reference
Stations:
COMMENCING FOR REFERENCE at a 1-inch iron pipe found in the
old northeast right-of-way line of State Highway 36 (100 feet wide)
for the south corner of a 3.2617 acre tract of land conveyed to
State of Texas, per the release of Judgement recorded in Case
No. 19-CCV-064214, for the west corner of a 2.118 acre tract
conveyed to The State of Texas, as recorded in Fort Bend County
Clerk's File No. 2018028140 and for a west corner of said 140.79
acre tract;
THENCE, North 41° 54' 36" East - 650.09 feet (called North 44°
58' East) to a 5/8-inch iron rod with cap stamped "T.E.A.M." set for
a southwest corner and POINT OF BEGINNING of this tract;
THENCE, North 41° 54' 36" East - 640.01 feet (called North 44°
58' East) to a 1-inch iron pipe found for the east corner of a 9.68
acre tract of land conveyed to Alton Meyen, as recorded in Volume
515, Page 214 of the Fort Bend County Deed Records and for an
interior corner of this tract;
THENCE, North 48° 02' 50" West - 1,316.27 feet (called North
44° 57' 20" West - 1,315.9 feet) to a 1-inch iron pipe found for the
north corner of a 6.773 acre tract of land conveyed to Consolidated
Youth Fair of Needville, as recorded in Volume 1890, Page 1188 of
the Fort Bend County Deed Records and for a west corner of this
tract;
THENCE, North 41° 42' 01" East - 463.14 feet (called North 44°
51' East - 462.6 feet) with the southeast line of a 16.66 acre tract
of land conveyed to City of Needville, as recorded in Fort Bend
County Clerk's File No. 1999056959 to a disturbed 1-inch iron pipe
found for the east corner of said 16.66 acre tract and for an
interior corner of this tract;
THENCE, North 48° 09' 10" West - 1,316.58 feet (called North
45° 03' 30" West - 1,317.05 feet) to a 1-inch iron pipe found for the
north corner of a 9.21 acre tract of land conveyed to Needville
Little League, Inc., as recorded in Fort Bend County Clerk's File
No. 2009006224 and for a west corner of this tract;
THENCE, North 40° 21' 18" East - 33.97 feet (called North 45°
East - 33.9 feet) with the southeast line of a 15.2157 acre tract of
land conveyed to Shafqat Ali, a married individual, as recorded in
Fort Bend County Clerk's File No. 2020168027 to a 1-inch iron pipe
found for a south corner of Stephen Street (50 feet wide), for an
east corner of said 15.2157 acre tract and for an angle point of
this tract;
THENCE, North 37° 27' 56" East - 49.94 feet (called North 36°
22' 30" East) with the southeast right-of-way line of said Stephen
Street to a 1-inch iron pipe found for an east corner of said
Stephen Street, for the south corner of Lot 'B', Block 4 of S. T.
Kneitz, Addition No. 1, as recorded in Volume 307, Page 472 of the
Fort Bend County Deed Records and for an angle point of this tract;
THENCE, North 41° 53' 16" East (called North 45° 35' East) with
the southeast line of said Lot 'B', at a distance of 200.02 feet pass
a 1-inch iron pipe found for the east corner of said Lot 'B' and for
the south corner of Lot 'A' of said Block 4 and continuing with the
southeast line of said Lot 'A', at a distance of 400.20 feet pass a
car axle found for a south corner of Antonia Street (45 feet wide)
and for the east corner of said Lot 'A' and continuing with the
southeast right-of-way line of said Antonia Street, at a distance
of 445.10 feet pass a 1-inch iron pipe found for the east corner of
said Antonia Street and for the south corner of a 1.12 acre tract of
land conveyed to Kanak Trust, as recorded in as recorded in Fort
Bend County Clerk's File No. 2002132832 and continuing with the
southeast line of said 1.12 acre tract for a total distance of
623.07 feet to a 1-inch iron pipe found for the east corner of said
1.12 acre tract, for the south corner of a 0.816 acre tract of land
conveyed to Daniel C. Pieper, et ux, as recorded in Volume 533, Page
456 of the Fort Bend County Deed Records and for an angle point of
this tract;
THENCE, North 40° 02' 10" East - 131.71 feet with the
southeast line of said 0.816 acre tract to a 1-inch iron pipe found
for the east corner of said 0.816 acre tract and for the north
corner of this tract;
THENCE, South 48° 04' 57" East (called South 44° 56' East) with
the southwest line of a 218.225 acre tract of land conveyed to Old
South Plantation, Inc., as recorded in Fort Bend County Clerk's
File No. 2015005996, at a distance of 1,334.49 feet pass a 5/8-inch
iron rod with cap found for the south corner of said 218.225 acre
tract and for the east corner of a 99 acre tract of land conveyed to
Joyce Buls Otto, et al, as recorded in Fort Bend County Clerk's File
No. 2011012028 and continuing for a total distance of 3,366.40 feet
to a 5/8-inch iron rod with cap stamped "T.E.A.M." set for an east
corner of this tract; from which a 1-inch iron pipe found in the
northwest right-of-way line of Needville-Fairchilds Road (80 feet
wide) for the east corner of said140.79 acre tract bears South 48°
04' 57" East - 569.52 feet;
THENCE, South 41° 55' 03" West - 46.63 feet to a 5/8-inch iron
rod with cap stamped "T.E.A.M." set for an angle point of this
tract;
THENCE, South 11° 59' 14" West - 509.73 feet to a 5/8-inch iron
rod with cap stamped "T.E.A.M." set for an angle point of this
tract;
THENCE, South 48° 18' 05" East - 317.05 feet to a 5/8-inch iron
rod with cap stamped "T.E.A.M." set in the northwest right-of-way
line of said Needville-Fairchilds Road for an east corner of this
tract;
THENCE, South 41° 41' 58" West - 2,036.28 feet (called South
44° 45' 30" West) with the northwest right-of-way line of said
Needville-Fairchilds Road to a 5/8-inch iron rod with cap stamped
"T.E.A.M." set at the intersection of the northwest right-of-way
line of said Needville-Fairchilds Road with the northeast
right-of-way line of said State Highway 36 for the east end of a
cutback at said intersection and for a south corner of this tract;
THENCE, South 87° 00' 19" West - 68.30 feet (called South 87°
00' 44" West - 55.80 feet) with said cutback to a 5/8-inch iron rod
with cap stamped "T.E.A.M." set for the west end of said cutback and
for a south corner of this tract;
THENCE, North 48° 01' 12" West - 601.74 feet (called North 48°
00' 47" West - 601.74 feet) with the northeast right-of-way line of
said State Highway 36 to a TxDOT disc found for a
point-of-curvature;
THENCE, in a northwesterly direction with the northeast
right-of-way line of said State Highway 36 and with a curve to the
left having a radius of 5,790.00 feet (called 5,7900.00 feet), a
central angle of 01° 08' 45" (called 01° 08' 45"), a length of 115.78
feet (called 115.78 feet) and a chord bearing North 48° 35' 35" West
- 115.78 feet (called North 48° 35' 10" West - 115.78 feet) to a
TxDOT disc found for a point-of-tangency;
THENCE, North 49° 09' 57" West - 409.61 feet (called North 49°
09' 32" West - 409.61 feet) with the northeast right-of-way line of
said State Highway 36 to a TxDOT disc found for an interior corner
of said 2.118 acre tract conveyed to the State of Texas and for a
west corner of this tract;
THENCE, North 38° 28' 29" East - 650.49 feet (called North 38°
28' 01" East - 650.47 feet) with said 2.118 acre tract to a TxDOT
disc found for an interior corner of this tract;
THENCE, North 54° 52' 51" West - 87.52 feet (called North 54°
52' 22" West - 86.85 feet) with said 2.118 acre tract to the POINT OF
BEGINNING and containing 134.661 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
7975A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7975A.0307 to read as
follows:
Sec. 7975A.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, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 5333 was passed by the House on May
12, 2023, by the following vote: Yeas 116, Nays 24, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 5333 was passed by the Senate on May
24, 2023, by the following vote: Yeas 27, Nays 3, 1 present, not
voting.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor