Bill Text: TX SB2179 | 2021-2022 | 87th Legislature | Introduced


Bill Title: Relating to the creation of the Fort Bend County Municipal Utility District No. 246; 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: (Introduced - Dead) 2021-05-03 - Recommendations filed with the Senate [SB2179 Detail]

Download: Texas-2021-SB2179-Introduced.html
  87R6173 SGM-F
 
  By: Kolkhorst S.B. No. 2179
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Fort Bend County Municipal Utility
  District No. 246; 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 7996 to read as follows:
  CHAPTER 7996. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 246
  SUBCHAPTER A. GENERAL PROVISIONS
         Sec. 7996.0101.  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. 246.
         Sec. 7996.0102.  NATURE OF DISTRICT. The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 7996.0103.  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. 7996.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section
  7996.0103 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. 7996.0105.  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. 7996.0106.  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. 7996.0201.  GOVERNING BODY; TERMS. (a) The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 7996.0202, directors
  serve staggered four-year terms.
         Sec. 7996.0202.  TEMPORARY DIRECTORS. (a) The temporary
  board consists of:
               (1)  Andrew Chang;
               (2)  Lauren Sposato;
               (3)  Brian Taton;
               (4)  David Pereira; and
               (5)  Jason Jacob.
         (b)  Temporary directors serve until the earlier of:
               (1)  the date permanent directors are elected under
  Section 7996.0103; 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 7996.0103 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 7996.0103; 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. 7996.0301.  GENERAL POWERS AND DUTIES. The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 7996.0302.  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. 7996.0303.  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. 7996.0304.  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. 7996.0305.  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.
  SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
         Sec. 7996.0401.  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 7996.0403.
         (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. 7996.0402.  OPERATION AND MAINTENANCE TAX. (a) If
  authorized at an election held under Section 7996.0401, 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. 7996.0403.  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. 7996.0501.  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. 7996.0502.  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. 7996.0503.  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. 246 initially includes all the territory contained in the
  following area:
  A METES & BOUNDS description of a 167.7 acre tract of land in the
  John Foster 2-1/2 Leagues Grant, Abstract 26, Fort Bend County,
  Texas, being that certain called 166.17 acre tract recorded under
  County Clerk's File Number 9619091, Official Public Records, Fort
  Bend County, Texas, said called 166.17 acre tract being comprised
  of the residue of a called 190.109 acre tract recorded in Volume
  493, Page 363, Deed Records, Fort Bend County, Texas, a called 1.95
  acre tract recorded in Volume 495, Page 702, Deed Records, Fort Bend
  County, Texas, and the residue of a called 51.9 acre tract recorded
  in Volume 493, Page 395, Deed Records, Fort Bend County, Texas, with
  all bearings based upon the Texas Coordinate System of 1983, South
  Central Zone, based upon GPS observations.
  Beginning at a 1/2 inch iron pipe with cap marked "BGE" found in the
  southwest right-of-way line of F. M. Highway 359 (called 100-feet
  wide) for the east corner of said called 166.17 acre tract, same
  being the north corner of an adjoining called 2.0870 acre tract
  recorded in Volume 2331, Page 261, Official Records, Fort Bend
  County, Texas, for the east corner and Place of Beginning of the
  herein described tract, said point being at the intersection of the
  southwest right-of-way line of F. M. Highway 359 and the northwest
  right-of-way line of Foster Creek Drive, and being in the southwest
  line of an adjoining called 0.246 acre tract in deed to the State of
  Texas recorded in Volume 433, Page 182, Deed Records, Fort Bend
  County, Texas;
  Thence South 64 degrees 47 minutes 07 seconds West (called South 67
  degrees 33 minutes 36 seconds West) along the southeast line of the
  herein described tract and said called 166.17 acre tract, same
  being the northwest line of said adjoining called 2.0870 acre
  tract, 394.22 feet (called 393.49 feet) to a 2-inch iron pipe found
  for angle point;
  Thence South 64 degrees 12 minutes 08 seconds West (called South 66
  degrees 57 minutes 54 seconds West) continuing along said line,
  903.79 feet (called 903.21 feet) to a 1-inch iron pipe found for
  angle point, said point being a west corner of said adjoining called
  2.0870 acre tract, same being the east corner of an adjoining called
  4.7984 acre tract recorded under County Clerk's File Number
  2020009817, Official Public Records, Fort Bend County, Texas;
  Thence South 65 degrees 23 minutes 33 seconds West (called South 68
  degrees 09 minutes 19 seconds West) along the southeast line of the
  herein described tract and said called 166.17 acre tract, same
  being the northwest line of said adjoining called 4.7984 acre
  tract, and the northwest line of the adjoining called 2.2476 acre
  tract (Tract 1) recorded under County Clerk's File Number
  2019076157, Official Public Records, Fort Bend County, Texas, being
  the Northwest line of the adjoining Foster Creek Estates Section I
  (unrecorded), 1,323.90 feet (called 1,323.75 feet) to a 3/4 inch
  iron pipe found for a reentry corner to the herein described tract
  and said called 166.17 acre tract, same being the northwest corner
  of said adjoining called 2.2476 acre tract;
  Thence South 00 degrees 32 minutes 24 seconds West (called South 03
  degrees 18 minutes 10 seconds West) along the lower east line of the
  herein described tract and said called 166.17 acre tract, at 150.33
  feet pass a 5/8 inch iron rod with cap marked "Jones Carter
  Reference Point" set on said line, and continuing for a total
  distance of 200.33 feet (called 200.33 feet) to a point in the
  centerline of Jones Creek for the southmost corner of the herein
  described tract and said called 166.17 acre tract, said point being
  in the north line of the adjoining Foster Island Estates
  Subdivision, according to map or plat thereof recorded under County
  Clerk's File Number 20040121, Plat Records, Fort Bend County,
  Texas;
  Thence along the common line of the herein described tract and said
  adjoining Foster Island Estates Subdivision, and an adjoining
  called 8.366 acre tract recorded under County Clerk's File Number
  9896247, Official Public Records, Fort Bend County, Texas, the
  adjoining Karaugh II Subdivision, according to map or plat thereof
  recorded under Slide Number 1116-A, Plat Records, Fort Bend County,
  Texas, the adjoining Karaugh I Subdivision, according to map or
  plat thereof recorded under Slide Number 1492-B and 1493-A, Plat
  Records, Fort Bend County, Texas, an adjoining called 7.7856 acre
  tract recorded under County Clerk's File Number 2008003503,
  Official Public Records, Fort Bend County, Texas, being Lots 18, 19
  and 20 of Bella Vista Subdivision (unrecorded), and an adjoining
  tract being called Lot 17 recorded under County Clerk's File Number
  2003047705, Official Public Records, Fort Bend County, Texas, being
  the centerline of Jones Creek, with the following meanders:
         North 87 degrees 04 minutes 35 seconds West, 289.67
  feet;
         North 85 degrees 29 minutes 43 seconds West, 251.76
  feet;
         North 84 degrees 40 minutes 36 seconds West, 342.97
  feet;
         North 86 degrees 50 minutes 56 seconds West, 62.39
  feet;
         North 74 degrees 35 minutes 50 seconds West, 55.93
  feet;
         North 66 degrees 11 minutes 06 seconds West, 29.61
  feet;
         North 54 degrees 10 minutes 40 seconds West, 153.83
  feet;
         North 40 degrees 09 minutes 54 seconds West, 134.38
  feet;
         North 27 degrees 37 minutes 35 seconds West, 181.25
  feet;
         North 19 degrees 58 minutes 36 seconds West, 88.57
  feet;
         North 07 degrees 20 minutes 02 seconds West, 72.18
  feet;
         North 01 degree 44 minutes 42 seconds West, 81.65 feet;
         North 06 degrees 08 minutes 04 seconds East, 124.80
  feet;
         North 15 degrees 03 minutes 32 seconds East, 127.07
  feet;
         North 17 degrees 42 minutes 04 seconds East, 161.56
  feet;
         North 16 degrees 13 minutes 50 seconds East, 258.44
  feet;
         North 16 degrees 18 minutes 33 seconds East, 155.30
  feet;
         North 10 degrees 25 minutes 11 seconds East, 268.61
  feet;
         North 11 degrees 22 minutes 10 seconds East, 221.57
  feet;
         North 00 degrees 44 minutes 27 seconds West, 73.43
  feet;
         North 00 degrees 35 minutes 53 seconds West, 227.47
  feet;
         North 00 degrees 33 minutes 29 seconds West, 338.43
  feet to a point for the northwest corner of the herein
  described tract and said called 166.17 acre tract,
  same being the southwest corner of an adjoining called
  55.876 acre tract recorded under County Clerk's File
  Number 2019037877, Official Public Records, Fort Bend
  County, Texas, said point being in the east line of the
  aforementioned adjoining Lot 17;
  Thence North 87 degrees 02 minutes 40 seconds East (called North 88
  degrees 55 minutes 40 seconds East) along the north line of the
  herein described tract and said called 166.17 acre tract, same
  being the south line of said adjoining called 55.876 acre tract, the
  south line of an adjoining called 5.5428 acre tract, an adjoining
  called 1.419 acre tract, and an adjoining called 15.554 acre tract,
  all recorded under County Clerk's File Number 2019037877, Official
  Public Records, Fort Bend County, Texas, at 30.00 feet pass a 5/8
  inch iron rod with cap marked "Jones Carter Reference Point" set
  on said line, at 947.67 feet pass a 3/4 inch iron pipe found on said
  line for the southeast corner of said adjoining called 1.419 acre
  tract, same being the southwest corner of said adjoining called
  50.554 acre tract, and continuing for a total distance of 1,455.77
  feet (called 1,468.16 feet) to a 1/2 inch iron pipe with cap marked
  "BGE" found for angle point, said point being the southeast corner
  of said adjoining called 50.554 acre tract, same being the
  southwest corner of an adjoining called 26.623 acre tract recorded
  under County Clerk's File Number 2011089606, Official Public
  Records, Fort Bend County, Texas;
  Thence North 78 degrees 42 minutes 14 seconds East (called North 80
  degrees 38 minutes 40 seconds East) along the north line of the
  herein described tract and said called 166.17 acre tract, same
  being the south line of said adjoining called 26.623 acre tract,
  94.16 feet (called 94.16 feet) to a 1/2 inch iron pipe with cap
  marked "BGE" found for angle point;
  Thence North 85 degrees 27 minutes 59 seconds East (called North 87
  degrees 21 minutes 10 seconds East) continuing along said line,
  1,232.81 feet (called 1,232.98 feet) to a 1/2 inch iron pipe with
  cap marked "BGE" found for the northeast corner of the herein
  described tract and said called 166.17 acre tract, same being the
  southeast corner of said adjoining called 26.623 acre tract, and
  being in the southwest right-of-way line of F. M. Highway 359, being
  the southwest line of an adjoining called 0.084 acre tract in deed
  to the State of Texas recorded in Volume 433, Page 185, Deed
  Records, Fort Bend County, Texas;
  Thence South 23 degrees 48 minutes 05 seconds East (adjoiner called
  South 22 degrees 09 minutes East) along the northeast line of the
  herein described tract and said called 166.17 acre tract, same
  being the southwest right-of-way line of F. M. Highway 359, 571.26
  feet (adjoiner called 577.0 feet) to a concrete monument found for
  angle point;
  Thence South 24 degrees 24 minutes 26 seconds East (adjoiner called
  South 22 degrees 47 minutes East) continuing along said line, at
  84.92 feet pass a 1/2 inch iron rod found 1.36 feet left of said
  line, at 118.14 feet pass a 1/2 inch iron pipe with cap marked "BGE"
  found 0.98 feet right of said line, at 821.48 feet pass a concrete
  monument found on said line, and continuing for a total distance of
  1,054.61 feet to the Place of Beginning and containing 167.7 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
  7996, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 7996.0306 to read as follows:
         Sec. 7996.0306.  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, 2021.
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