H.B. No. 1598
 
 
 
 
AN ACT
  relating to the creation of the Fort Bend County Municipal Utility
  District No. 203; providing authority to impose a tax and issue
  bonds; granting a limited power of eminent domain.
         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 8340 to read as follows:
  CHAPTER 8340.  FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 203
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8340.001.  DEFINITIONS.  In this chapter:
               (1)  "Board" means the district's board of directors.
               (2)  "Director" means a board member.
               (3)  "District" means the Fort Bend County Municipal
  Utility District No. 203.
         Sec. 8340.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8340.003.  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. 8340.004.  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, or improvement of
  macadamized, graveled, or paved roads described by Section 54.234,
  Water Code, or improvements, including storm drainage, in aid of
  those roads.
         Sec. 8340.005.  INITIAL DISTRICT TERRITORY.  (a)  The
  district is initially composed of the territory described by
  Section 2 of the Act creating this chapter.
         (b)  The boundaries and field notes contained in Section 2 of
  the Act creating 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.
  [Sections 8340.006-8340.050 reserved for expansion]
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 8340.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8340.052, directors serve
  staggered four-year terms.
         Sec. 8340.052.  TEMPORARY DIRECTORS.  (a)  On or after the
  effective date of the Act creating 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 Texas Commission on
  Environmental Quality 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 8340.003; or
               (2)  the fourth anniversary of the effective date of
  the Act creating this chapter.
         (c)  If permanent directors have not been elected under
  Section 8340.003 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 8340.003; 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.
  [Sections 8340.053-8340.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8340.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8340.102.  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. 8340.103.  AUTHORITY FOR ROAD PROJECTS. (a)  Under
  Section 52, Article III, Texas Constitution, the district may
  design, acquire, construct, finance, issue bonds for, improve, and
  convey to this state, a county, or a municipality for operation and
  maintenance macadamized, graveled, or paved roads described by
  Section 54.234, Water Code, or improvements, including storm
  drainage, in aid of those roads.
         (b)  The district may exercise the powers provided by this
  section without submitting a petition to or obtaining approval from
  the Texas Commission on Environmental Quality as required by
  Section 54.234, Water Code.
         Sec. 8340.104.  APPROVAL OF ROAD PROJECT.  (a)  The district
  may not undertake a road project authorized by Section 8340.103
  unless:
               (1)  each municipality or county that will operate and
  maintain the road has approved the plans and specifications of the
  road project, if a municipality or county will operate and maintain
  the road; or
               (2)  the Texas Transportation Commission has approved
  the plans and specifications of the road project, if the state will
  operate and maintain the road.
         (b)  Except as provided by Subsection (a), the district is
  not required to obtain approval from the Texas Transportation
  Commission to design, acquire, construct, finance, issue bonds for,
  improve, or convey a road project.
         Sec. 8340.105. LIMITATION ON USE OF EMINENT DOMAIN. The
  district may not exercise the power of eminent domain outside the
  district to acquire a site or easement for:
               (1)  a road project authorized by Section 8340.103; or
               (2)  a recreational facility as defined by Section
  49.462, Water Code.
  [Sections 8340.106-8340.150 reserved for expansion]
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 8340.151.  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 8340.153.
         (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. 8340.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8340.151, 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. 8340.153.  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.
  [Sections 8340.154-8340.200 reserved for expansion]
  SUBCHAPTER E.  BONDS AND OTHER OBLIGATIONS
         Sec. 8340.201.  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. 8340.202.  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. 8340.203.  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. 203 initially includes all the territory contained in the
  following area:
         Being 197.738 acres of land located in the Thomas Westall
  League, Abstract 92, and the Noel F. Roberts League, Abstract 79,
  Fort Bend County, Texas, more particularly being a portion of that
  certain called 69.1455 acre tract conveyed to FM 1489 Farms, Inc.,
  by instrument of record in File No. 2008055874, Official Public
  Records, of Fort Bend County (F.B.C.O.P.R.), being a portion of
  that certain called 200.15 acre tract conveyed to Hady Creek Ranch,
  Inc., by instrument of record in File No. 2006084768, F.B.C.O.P.R.,
  being a portion of that certain called 45.7951 acre tract conveyed
  to Mullins Ranch, Inc., by instrument of record in File No.
  2006143619, F.B.C.O.P.R., being all of that certain called 43.348
  acre tract conveyed to Mullins Ranch, Inc., by instrument of record
  in File No. 2006109294, F.B.C.O.P.R., all of that certain called
  10.0 acre tract conveyed to Mullins Ranch, Inc., by instrument of
  record in File No. 2006062118, F.B.C.O.P.R., and being all of that
  certain called 24.995 acre tract (described as Tract One, Two and
  Three) conveyed to Mullins Ranch, Inc. by instrument of record in
  File No. 2007099337, F.B.C.O.P.R., said 197.738 acres being more
  particularly described in six (6) parts by metes and bounds as
  follows (all bearings are assumed);
         PART ONE
         BEGINNING at the northwest corner of said 69.1455 acre tract,
  same being the northeast corner of that certain called 79.309 acre
  tract conveyed to Debra Sabrsula, et vir, by instrument of record in
  File No. 2000103016, F.B.C.O.P.R., and within the right-of-way of
  Stanberry Road;
               Thence, with the north line of said 69.1455 acre tract,
  North 87° 59' 20" East (called South 89° 57' 42" East), 912.00 feet to
  the northeast corner of said 69.1455 acre tract;
               Thence, with the east line of said 69.1455 acre tract,
  South 46° 16' 58" East, 476.50 feet to a point for corner;
               Thence, South 43° 50' 03" West, at 14.19 feet pass the
  north corner of that certain called 3 acre tract conveyed to Janie
  Dreyer, et al, by instrument of record in File No. 2004009841,
  F.B.C.O.P.R., and with the northerly line said 3 acre tract in all a
  total length of 196.58 feet to a point for corner, the west corner
  of said 3 acre tract;
               Thence, with the westerly line of said 3 acre tract,
  South 40° 26' 08" East, 642.23 feet to a point for corner, the south
  corner of said 3 acre tract;
               Thence, with the southerly line of said 3 acre tract,
  North 39° 17' 20" East, at 219.68 feet pass the east corner of said 3
  acre tract in all a total length of 256.45 feet to a point for corner
  on the east line of said 69.1455 acre tract;
               Thence, with the east line of said 69.1455 acre tract,
  South 52° 26' 26" East, 362.53 feet to a point for corner;
               Thence, continuing with said east line, South 50° 04'
  00" East, 88.47 feet to a point for corner;
               Thence, leaving said east line, South 82° 09' 00" West,
  2018.61 feet to a point for corner on the west line of said 69.1455
  acre tract;
               Thence, with said west line, North 02° 25' 03" West
  (called North 00° 22' 07" West), 1284.07 feet to the POINT OF
  BEGINNING and containing 37.110 acres of land.
         PART TWO
               BEGINNING at the northwest corner of said 200.15 acre
  tract, same being the southwest corner of that certain called
  59.752 acre tract conveyed to Jim Berger, et ux, by instrument of
  record in File No. 9730382, F.B.C.O.P.R., and on the east
  right-of-way line of F.M. 1489 (called 100 feet wide);
               Thence, with the north line of said 200.15 acre tract,
  North 88° 05' 32" East (called North 87° 57' 56" East), 2178.93 feet
  to the northeast corner of said 200.15 acre tract, same being on the
  common line of the aforementioned Thomas Westall League and the
  Noel F. Roberts League;
               Thence, with the east line of said 200.15 acre tract and
  with said common survey line, South 02° 10' 14" East, 1675.55 feet to
  a point for corner;
               Thence, leaving said east line and said common survey
  line, North 58° 01' 26" West, 532.10 feet to a point for corner;
               Thence, North 67° 52' 22" West, 486.38 feet to a point
  for corner;
               Thence, North 77° 58' 23" West, 486.25 feet to a point
  for corner;
               Thence, North 87° 57' 02" West, 584.71 feet to a point
  for corner on the west line of said 200.15 acre tract and on the east
  line of said F.M. 1489;
               Thence, with the common line of said 200.15 acre tract
  and said F.M. 1489, North 05° 22' 51" West, 19.79 feet to a point for
  corner, the beginning of a curve;
               Thence, continuing with said common line, 1038.34 feet
  along the arc of a tangent curve to the left, having a radius of
  2915.00 feet, a central angle of 20° 24' 33" and a chord which bears
  North 15° 35' 07" West, 1032.86 feet to the POINT OF BEGINNING and
  containing 56.634 acres of land.
         PART THREE
               BEGINNING at the most northerly northeast corner of
  said 24.995 acre tract, same being the northwest corner of that
  certain called 14.598 acre tract conveyed to Paul C. Edris, et ux,
  by instrument of record in File No. 2004142696, F.B.C.O.P.R., and
  on the south line of that certain called 304.5 acre tract conveyed
  to Phillip Mason Hunt, et al, by instrument of record in File
  2004029309, F.B.C.O.P.R.
               Thence, with the east line of said 24.995 acre tract,
  South 02° 23' 38" East (called South 00° 53' 56" East), 1371.83 feet
  to a reentrant corner of said 24.995 acre tract;
               Thence, with a north line of said 24.995 acre tract,
  North 87° 32' 14" East, 800.00 feet to the most easterly northeast
  corner of said 24.995 acre tract, same being on the west
  right-of-way line of Hannibal Road (width varies);
               Thence, with the common line of said 24.995 acre tract
  and said Hannibal Road, South 02° 24' 32" East, 271.87 feet to the
  southeast corner of said 24.995 acre tract, same being on the north
  right-of-way line of said Hannibal Road;
               Thence, with the common line of said 24.995 acre tract
  and said Hannibal Road, South 87° 31' 30" West, 1328.76 feet to the
  southwest corner of said 24.995 acre tract;
               Thence, with the west line of said 24.995 acre tract,
  North 02° 23' 38" West (called North 00° 53' 56" West), 1651.80 feet
  to the northwest corner of said 24.995 acre tract;
               Thence, with the north line of said 24.995 acre tract,
  North 88° 23' 04" East, 528.73 feet to the POINT OF BEGINNING and
  containing 24.994 acres of land.
         PART FOUR
               BEGINNING at the northwest corner of the aforementioned
  10.0 acre tract, same being the most northerly northeast corner of
  that certain called 647.182 acre tract (described as Tract A)
  conveyed to Mullins Ranch, Inc., by instrument of record in File No.
  2006089820, F.B.C.O.P.R., and on the south right-of-way line of
  said Hannibal Road;
               Thence, with the common line of said 10.0 acre tract and
  said Hannibal Road, North 85° 23' 38" East (called North 87° 59' 40"
  East), 356.17 feet to the northeast corner of said 10.0 acre tract;
               Thence, with the east line of said 10.0 acre tract,
  South 02° 13' 20" East, 1230.47 feet to the southeast corner of said
  10.0 acre tract, same being on a north line of said 647.182 acre
  tract;
               Thence, with the common line of said 10.0 and 647.182
  acre tracts, South 87° 27' 19" West, 355.87 feet to the southwest
  corner of said 10.0 acre tract;
               Thence, continuing with said common line, North 02° 13'
  20" West, 1217.66 feet to the POINT OF BEGINNING and containing
  10.000 acres of land.
         PART FIVE
               BEGINNING at the northeast corner of the aforementioned
  43.348 acre tract, same being the southeast corner of that certain
  called 39.882 acre tract conveyed to Timothy S. Raisbeck, et ux, by
  instrument of record in File 1999073288, F.B.C.O.P.R, and on the
  common line of the aforementioned Noel F. Roberts League and the
  John Randon League, Abstract 76;
         Thence, with the east line of said 43.348 acre tract and said
  common survey line, South 02° 46' 24" East (called South 02° 13' 49"
  East), 885.66 feet to the southeast corner of said 43.348 acre
  tract;
               Thence, leaving said common survey line and with the
  south line of said 43.348 acre tract, South 87° 17' 58" West, 2125.52
  feet to the southwest corner of said 43.348 acre tract;
               Thence, with the west line of said 43.348 acre tract,
  North 03° 09' 48" West, 890.50 feet the northwest corner of said
  43.348 acre tract;
               Thence, with the north line of said 43.348 acre tract,
  the following three (3) courses:
         1)  North 87° 34' 26" East (called North 88° 07' 01" East),
  791.55 feet to a point for corner;
               2)  North 87° 16' 57" East, 642.55 feet to a point for
  corner;
         3)  North 87° 23' 59" East, 697.49 feet to the POINT OF
  BEGINNING and containing 43.356 acres of land.
         PART SIX
               BEGINNING at the northeast corner of the aforementioned
  45.7951 acre tract which lies within the right-of-way of Pool Hill
  Road, same being the southeast corner of that certain called 10.00
  acre tract conveyed to Lauro Arellano, et ux, by instrument of
  record in File No. 2006154744, F.B.C.O.P.R.;
               Thence, with the east line of said 45.7951 acre tract,
  South 01° 58' 27" East (called South 00° 37' 34" West), 200.23 feet to
  a point for corner;
               Thence, continuing with said east line, South 86° 59'
  39" West, 18.99 feet to a point for corner on the west line of said
  Pool Hill Road;
         Thence, with the common line of said 45.7951 acre tract and
  said Pool Hill Road, South 01° 41' 01" East, 143.83 feet to a point
  for corner;
               Thence, leaving said common line, South 80° 19' 45"
  West, 476.69 feet to a point for corner;
               Thence, South 72° 53' 44" West, 390.99 feet to a point
  for corner;
               Thence, South 63° 48' 56" West, 499.55 feet to a point
  for corner;
               Thence, South 53° 32' 30" West, 630.44 feet to a point
  for corner on the south line of said 45.7951 acre tract and on a
  north line of the aforementioned 647.182 acre tract;
               Thence, with the common line of said 45.7951 and 647.182
  acre tracts, South 87° 11' 19" West, 784.72 feet to the southwest
  corner of said 45.7951 acre tract, same being the southeast corner
  of that certain called 18.525 acre tract (described as Tract B)
  conveyed to Mullins Ranch, Inc., by instrument of record in File No.
  2006089820, F.B.C.O.P.R.;
               Thence, with the common line of said 45.7951 and 18.525
  acre tracts, North 02° 40' 01" West, 507.09 feet to the common north
  corner of said 45.7951 and 18.525 acre tracts, same being on an
  interior line of said 647.182 acre tract;
               Thence, with the common line of said 45.7951 and 647.182
  acre tracts, North 87° 06' 02" East, 1445.65 feet to a reentrant
  corner of said 45.7951 acre tract;
               Thence, continuing with said common line, North 00° 40'
  26" West, 532.09 feet to the most northerly northwest corner of said
  45.7951 acre tract;
               Thence, with the north line of said 45.7951 acre tract,
  North 86° 59' 39" East, 1178.24 feet to the POINT OF BEGINNING and
  containing 25.644 acres of land.
               Said Part One, Part Two, Part Three, Part Four, Part
  Five and Part Six containing a total of 197.738 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.  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, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1598 was passed by the House on May
  15, 2009, by the following vote:  Yeas 144, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1598 was passed by the Senate on May
  27, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor