By: Kolkhorst	S.B. No. 998

	A BILL TO BE ENTITLED
	AN ACT
	relating to the creation of the Fort Bend County Municipal Utility
	District No. 216; 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 7901 to read as follows:
	CHAPTER 7901.  FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 216
	SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 7901.001.  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. 216.
	Sec. 7901.002.  NATURE OF DISTRICT.  The district is a
	municipal utility district created under Section 59, Article XVI,
	Texas Constitution.
	Sec. 7901.003.  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. 7901.004.  CONSENT OF MUNICIPALITY REQUIRED. The
	temporary directors may not hold an election under Section 7901.003
	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. 7901.005.  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. 7901.006.  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. 7901.051.  GOVERNING BODY; TERMS.  (a)  The district is
	governed by a board of five elected directors.
	(b)  Except as provided by Section 7901.052, directors serve
	staggered four-year terms.
	Sec. 7901.052.  TEMPORARY DIRECTORS.  (a)  The temporary
	board consists of:
	(1)  Elizabeth D. Barnett;
	(2)  Phillip S. Froehlich;
	(3)  Jeff Holstein;
	(4)  Teresa Kelly; and
	(5)  Harry Peyton.
	(b)  Temporary directors serve until the earlier of:
	(1)  the date permanent directors are elected under
	Section 7901.003; 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 7901.003 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 7901.003; 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. 7901.101.  GENERAL POWERS AND DUTIES.  The district has
	the powers and duties necessary to accomplish the purposes for
	which the district is created.
	Sec. 7901.102.  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. 7901.103.  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. 7901.104.  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,
	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. 7901.105.  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. 7901.151.  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 7901.153.
	(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. 7901.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
	authorized at an election held under Section 7901.151, 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. 7901.153.  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. 7901.201.  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. 7901.202.  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. 7901.203.  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. 216 initially includes all the territory contained in the
	following area:
	Being 503.983 acres of land located in the John Randon
	League, Abstract Number 76, Fort Bend County, Texas, being all of
	that certain called 411.052 acre tract conveyed to Fulshear Lakes,
	Ltd. by instrument of record under File Number 2014007854 of the
	Official Public Records of Real Property of said Fort Bend County
	(F.B.C.O.P.R.R.P.), being all of that certain called 70.1425 acre
	tract, designated Tract I, conveyed to Fulshear Lakes, Ltd., by an
	instrument of record under File Number 2014007853,
	F.B.C.O.P.R.R.P., same being all of Rustic Oaks Subdivision, a plat
	of record under Volume 14, Page 13 of the Plat Records of said Fort
	Bend County (F.B.C.P.R.), (Slide Number 185B, F.B.C.P.R.), being
	all of that certain called 14.313 acre tract, designated Tract II,
	conveyed to Fulshear Lakes, Ltd., by an instrument of record under
	File Number 2014007853, F.B.C.O.P.R.R.P., being all of that certain
	called 5.32 acre tract, designated Lot 1 of the Cornelius Randon
	Estate as recorded in Volume 179, Page 128-A of the Deed Records of
	said Fort Bend County (F.B.C.D.R.), being the same land, designated
	Tract III, as conveyed to Fulshear Lakes, Ltd., by an instrument of
	record under File Number 2014007853, F.B.C.O.P.R.R.P., and being
	all of that certain called 4.000 acre tract, conveyed to Fulshear
	Lakes, Ltd. by instrument of record under File Number 2014007852,
	F.B.C.O.P.R.R.P.; said 503.983 acres being more particularly
	described by metes and bounds as follows (all bearings referenced
	to Texas Coordinate System, South Central Zone, Grid North, NAD83
	(NA2011) Epoch 2010.00;
	BEGINNING at the common north corner of said 411.052 acre
	tract and that certain called 58.96 acre tract conveyed to Nigel
	Stewart Patterson, et ux by an instrument of record under File
	Number 2009110810, F.B.C.O.P.R.R.P., being on the line common to
	the north line of said John Randon League and the south line of the
	I. H. Charles League, Abstract Number 17 of said Fort Bend County,
	and being within existing Rogers Road (width varies), from which a
	found 5/8-inch iron rod (bent) bears North 09° 56' 38" West, 0.52
	feet and also from which the common easterly corner of said John
	Randon League and the George Roberts League, Abstract Number 432 of
	said Fort Bend County bears North 87° 41' 03" East, 3,932.37 feet;
	Thence, with the easterly line of said 411.052 acre tract,
	the following five (5) courses:
	1.  South 02° 02' 39" East, with the westerly line of said
	58.96 acre tract, passing at 30.69 feet (called 31.0 feet) a found
	1/2-inch iron pipe, and continuing for a total distance of 1,104.86
	feet (called 1,105.0 feet) to a 1/2-inch iron pipe found for corner;
	2.  South 02° 21' 32" East, continuing with the westerly line
	of said 58.96 acre tract, 1,232.04 feet (called 1,232.08 feet) to a
	3/4-inch iron pipe found for corner;
	3.  South 01° 43' 27" East, continuing with the westerly line
	of said 58.96 acre tract, 1,133.03 feet (called 1,132.98 feet) to a
	5/8-inch iron rod with plastic cap stamped "LJA ENG" previously set
	for the southwest corner of said 58.96 acre tract;
	4.  North 87° 47' 51" East, with the southerly line of said
	58.96 acre tract, passing at 296.51 feet a found 1" iron pipe, and
	continuing for a total distance of 1,004.52 feet (called 1,004.50
	feet) to a 1/2-inch iron pipe found on the westerly line of that
	certain called 241.258 acre tract conveyed to Rogers Road
	Investors, LP by an instrument of record under File Number
	2009066602, F.B.C.O.P.R.R.P.;
	5.  South 02° 18' 57" East, with the westerly line of said
	241.258 acre tract, passing at 2,894.68 feet the approximate
	centerline of Fulshear Creek, same being the common westerly corner
	of said 241.258 acre tract and that certain called 58.139 acre tract
	conveyed to K. R. Arnold, et ux, by an instrument of record under
	File Number 1999008859, F.B.C.O.P.R.R.P., and continuing with the
	westerly line of said 58.139 acre tract, for a total distance of
	4,646.53 feet (called 4,646.9 feet) to a 5/8-inch iron rod with
	plastic cap stamped "LJA ENG" previously set for the southeast
	corner of said 411.052 acre tract, being on the northerly line of
	that certain called 100-foot wide tract conveyed to Metropolitan
	Transit Authority of Harris County by an instrument of record under
	Volume 2478, Page 1664, F.B.C.D.R.;
	Thence, South 81° 25' 02" West, with the line common to the
	south line of said 411.052 acre tract and the north line of said
	100-foot wide tract, passing at 1,532.69 feet (called 1,532.63
	feet) a 1/2-inch iron pipe found for the common south corner of said
	411.052 acre tract and aforementioned Rustic Oaks Subdivision, and
	continuing along the line common to the south line of said Rustic
	Oaks Subdivision and the north line of said 100-foot wide tract,
	continuing for a total distance of 3,010.59 feet to a 1/4-iron pipe
	found for the southwest corner of said Rustic Oaks Subdivision and
	aforementioned 70.1425 acre tract, same being the southeast corner
	of that certain called 5.32 acre tract, designated Lot 8 of
	aforementioned Cornelius Randon Estate, and as conveyed to Walter
	Kelly, et al, by an instrument of record under File Number
	2012140197, F.B.C.O.P.R.R.P.;
	Thence, North 02° 37' 49" East, with the common line of said
	Rustic Oaks Subdivision, said 70.1425 acre tract and said Lot 8,
	362.39 feet to a 5/8-inch iron rod with plastic cap stamped "LJA
	ENG" previously set for the common east corner of said Lot 8 and
	aforementioned Lot 1 conveyed to Fulshear Lakes, Ltd.;
	Thence, South 87° 17' 09" West, with the common line to said
	Lot's 1 and 8, 434.10 feet to a 5/8-inch iron rod with plastic cap
	stamped "LJA ENG" previously set for the southwest corner of said
	5.32 acre tract conveyed to Fulshear Lakes, Ltd.;
	Thence, North 02° 13' 49" West, along the west line of said
	5.32 acre tract conveyed to Fulshear Lakes, Ltd., 444.84 feet to a
	1/2-inch iron pipe found for the northwest corner of said 5.32 acre
	tract, also being on a south line of the aforementioned 14.313 acre
	tract;
	Thence, South 87° 15' 05" West, with said south line, 522.20
	feet to a 5/8-inch iron rod with plastic cap stamped "LJA ENG"
	previously set for corner;
	Thence, South 02° 11' 04" East, continuing along a south line
	of said 14.313 acre tract, 442.70 feet to a 1-inch iron pipe found
	for corner;
	Thence, South 87° 05' 11" West, continuing along a south line
	of said 14.313 acre tract, 507.27 feet to a 5/8-inch iron rod with
	plastic cap stamped "LJA ENG" previously set for corner;
	Thence, North 02° 29' 17" West, continuing along a south line
	of said 14.313 acre tract, 445.89 feet to point for corner, from
	which a found 5/8-inch iron rod with cap stamped "RPLS No. 2085"
	bears South 76° 14' 39" East, 0.23 feet;
	Thence, South 87° 26' 47" West, continuing along a south line
	of said 14.313 acre tract, passing at 486.91 feet a found 5/8-inch
	iron rod with cap stamped "RPLS No. 2085" and continuing for a total
	distance of 512.83 feet to a PK-Nail found for corner within
	existing Pool Hill Road (width unknown);
	Thence, North 02° 33' 10" West, with the most westerly line of
	said 14.313 acre tract and within said existing Pool Hill Road,
	196.30 feet to a PK-Nail found for the common west corner of said
	14.313 acre tract and that certain called 5.155 acre tract conveyed
	to Royal Parrot Farm, LLC by an instrument of record under File
	Number 2010000252, F.B.C.O.P.R.R.P.;
	Thence, North 87° 25' 18" East, with the common line to said
	14.313 acre tract and said 5.155 acre tract, passing at 22.96 feet a
	found 5/8-inch iron rod with cap stamped "RPLS No. 2085", and
	continuing for a total distance of 1,143.40 feet to the common south
	corner of aforementioned 4.000 acre tract conveyed to Fulshear
	Lakes, Ltd. and said 5.155 acre tract, from which a found 1/2-inch
	iron rod with cap (illegible) bears North 15° 28' 18" West, 0.92
	feet;
	Thence, North 02° 34' 42" West, departing the north line of
	said 14.313 acre tract and along the line common to said 4.000 acre
	tract and said 5.155 acre tract, 196.40 feet to the common north
	corner said 4.000 acre tract and said 5.155 acre tract and also
	being on the south line of that certain called 9.15 acre tract
	conveyed to Eula Mac Taplin, et al, by an instrument of record under
	Volume 2259, Page 1936, F.B.C.D.R., from which a found 1/2-inch
	iron rod with cap stamped "Precision Surveying" bears South 46° 34'
	34" West, 0.26 feet;
	Thence North, 87°25'18" East, along the line common to said
	4.000 acre tract and said called 9.15 acre tract, 887.17 feet, to
	5/8-inch iron rod with plastic cap stamped "LJA ENG" previously set
	for corner on the westerly line of aforementioned 70.1425 acre
	tract and Rustic Oaks Subdivision, from which a 1-inch pipe with
	"Cotton Surveying" cap bears South 18°04'42" East, 3.68 feet;
	Thence North 03°16'16" East, with the line common to said 9.15
	acre tract and said 70.1425 acre tract and Rustic Oaks Subdivision,
	197.17 feet to a 1-inch iron pipe in concrete found for the common
	east corner of said 9.15 acre tract and that certain called 18.87
	acre tract, designated Tract I, conveyed to Robert Fendley, by
	instrument of record under Volume 1415, Page 037, F.B.C.D.R.;
	Thence, North 01°17'54" West, with the westerly line of said
	70.1425 acre tract and Rustic Oaks Subdivision, 565.92 feet to a
	1-inch iron pipe found for corner;
	Thence, North 00° 49' 19" West, continuing along the westerly
	line of said 70.1425 acre tract and said Rustic Oaks Subdivision,
	196.67 feet to a point for corner on the approximate centerline of
	Fulshear Creek and being the line common to the north line of said
	Rustic Oaks Subdivision, said 70.1425 acre tract and a south line of
	the aforementioned 411.052 acre tract;
	Thence, along the south line of said 411.052 acre tract and
	along the meanders of said Fulshear Creek, the following five (5)
	courses:
	1.  South 85° 09' 23" West, 488.60 feet to a point for corner;
	2.  North 74° 47' 41" West, 354.56 feet to a point for corner;
	3.  North 18° 11' 05" West, 260.16 feet to a point for corner;
	4.  North 09° 17' 09" East, 391.53 feet to a point for corner;
	5.  North 00° 34' 16" West, 47.82 feet (called 48.67 feet) to
	a point for corner on the south line of that certain called 71.56
	acre tract conveyed to Lavetta Lazzara by an instrument of record
	under Volume 2320, Page 1231, F.B.C.D.R., and an undivided fifty
	(50) percent interest conveyed to Lavetta Lazzara, Trustee by an
	instrument of record under Volume 2479, Page 591, F.B.C.D.R.;
	Thence, North 87° 05' 26" East, with the common line of said
	411.052 acre tract and said 71.56 acre tract, passing at 76.49 feet
	a found 1/2-iron pipe and continuing for a total distance of 817.56
	feet (called 816.0 feet) to a 1/2-inch iron pipe found for corner;
	Thence, North 01° 49' 07" West, with the line common to said
	411.052 acre tract and said 71.56 acre tract, 2,373.01 feet (called
	2,373.19 feet) to a PK-Nail in asphalt previously set for the
	northeast corner of said 71.56 acre tract;
	Thence, North 01° 47' 54" West, with the westerly line of said
	411.052 acre tract, 2,073.64 feet (called 2,074.08 feet) to a gun
	barrel found for the common easterly corner of that certain called
	5.432 acre tract conveyed to Emma Jean Smith by an instrument of
	record under Volume 2707, Page 2128, F.B.C.D.R. and that certain
	called 46.33 acre tract conveyed to Frances Peckham Kelly, et al, by
	an instrument of record under volume 433, Page 87, F.B.C.D.R. and
	under Probate Record Number 08-CPR-020916 of the Probate Records of
	said Fort Bend County;
	Thence, North 01° 20' 51" West, with the westerly line of said
	411.052 acre tract, 1,070.10 feet (called 1,069.68 feet) to point
	for corner on the northerly line of the aforementioned John Randon
	League and the southerly line of the J. San Pierre Survey, Abstract
	Number 81, of said Fort Bend County and the northwest corner of said
	411.052 acre tract, and being within the aforementioned Rogers
	Road, from which a found 5/8-inch iron rod (bent) bears South 77° 51'
	34" East, 0.29 feet;
	Thence, North 87° 41' 03" East, with the northerly line of
	said 411.52 acre tract, said John Randon League, and the southerly
	line of said J. San Pierre Survey and the aforementioned I. H.
	Charles League, 1,829.92 feet to the POINT OF BEGINNING and
	containing 503.983 acres of land and of which 1.320 acres (57,529
	square feet) of land lies within the existing roadway area of said
	Rogers Road.
	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
	7901, Special District Local Laws Code, as added by Section 1 of
	this Act, is amended by adding Section 7901.106 to read as follows:
	Sec. 7901.106.  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, 2015.