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  84R10394 AAF-F
 
  By: Huffman S.B. No. 2023
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of the Fort Bend County Municipal Utility
  District No. 191; 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 7914 to read as follows:
  CHAPTER 7914.  FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 191
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 7914.001.  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. 191.
         Sec. 7914.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 7914.003.  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. 7914.004.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section 7914.003
  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. 7914.005.  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. 7914.006.  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. 7914.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 7914.052, directors serve
  staggered four-year terms.
         Sec. 7914.052.  TEMPORARY DIRECTORS.  (a)  On or after the
  effective date of the Act enacting 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 commission 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 7914.003; 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 7914.003 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 7914.003; 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. 7914.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 7914.102.  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. 7914.103.  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. 7914.104.  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. 7914.105.  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. 7914.151.  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 7914.153.
         (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. 7914.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 7914.151, 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. 7914.153.  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. 7914.201.  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. 7914.202.  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. 7914.203.  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. 191 initially includes all the territory contained in the
  following area:
         BEING A 505.0088 ACRE TRACT OF LAND, SITUATED IN THE WILLIAM
  PETTUS SURVEY, A-68, FORT BEND COUNTY, TEXAS, BEING PART OF THE DMD
  INTERESTS CALLED 370.94 ACRE TRACT AS DESCRIBED IN DEED RECORDED IN
  FORT BEND COUNTY CLERKS FILE NO. 9808907, AND A PORTION OF THE
  MILDRED ELLIS CALLED 128.736 ACRE TRACT AS DESCRIBED IN DEED
  RECORDED IN FORT BEND COUNTY CLERKS FILE NO. 1972325075; SAID
  505.0088 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND
  BOUNDS AS FOLLOWS;
         BEGINNING AT A 5/8 INCH IRON ROD SET, BEING THE SOUTHEAST
  CORNER OF SAID 491.55 ACRE TRACT, BEING IN THE WEST RIGHT-OF-WAY
  LINE OF A MISSOURI-PACIFIC RAIROAD TRACT (ABANDONED 100 FOOT
  RIGHT-OF-WAY) AND THE NORTH LINE OF A CALLED 116.07 ACRE TRACT
  DESCRIBED IN DEED RECORDED IN FORT BEND COUNTY CLERKS FILE NO.
  2007085339;
         THENCE NORTH 88 DEGREES 56 MINUTES 48 SECONDS WEST, ALONG THE
  SOUTH LINE OF SAID 491.55 ACRE TRACT, A DISTANCE OF 7232.89 FEET TO
  A FOUND CONCRETE MONUMENT FOR AN INTERIOR CORNER IN THE NORTH LINE
  OF SAID 116.07 ACRE TRACT AND A WEST LINE OF SAID 370.94 ACRE TRACT
  FOR THE MOST SOUTHERLY SOUTHWEST CORNER OF THE HEREIN DESCRIBED
  TRACT;
         THENCE NORTH 00 DEGREES 22 MINUTES 23 SECONDS EAST, ALONG THE
  EAST LINE OF SAID 116.07 ACRE TRACT, THE EAST LINE OF A CALLED
  305.661 ACRE TRACT DESCRIBED IN DEED RECORDED IN FORT BEND COUNTY
  CLERKS FILE NO. 2005117863, SAME BEING A WEST LINE OF SAID 370.94
  ACRE TRACT, A DISTANCE OF 467.75 FEET TO A SET 5/8 INCH IRON ROD FOR
  THE MOST EASTERLY NORTHEAST CORNER OF SAID 305.661 ACRE TRACT AND AN
  INTERIOR CORNER OF SAID 370.94 ACRE TRACT AND THE HEREIN DESCRIBED
  TRACT;
         THENCE NORTH 71 DEGREES 51 MINUTES 25 SECONDS WEST, ALONG THE
  COMMON LINE OF SAID 305.661 ACRE AND 370.94 ACRE TRACTS, A DISTANCE
  OF 23.00 FEET TO A SET 5/8 INCH IRON ROD FOR AN INTERIOR CORNER OF
  THE HEREIN DESCRIBED TRACT;
         THENCE SOUTH 87 DEGREES 06 MINUTES 22 SECONDS WEST,
  CONTINUING ALONG THE COMMON LINE OF SAID 305.661 ACRE AND 370.94
  ACRE TRACTS, A DISTANCE OF 2955.55 FEET TO A FOUND CONCRETE MONUMENT
  FOR AN INTERIOR CORNER OF SAID 305.661 ACRE TRACT AND THE MOST
  WESTERLY SOUTHWEST CORNER OF THE SAID 370.94 ACRE TRACT AND THE
  HEREIN DESCRIBED TRACT;
         THENCE NORTH 03 DEGREES 12 MINUTES 38 SECONDS WEST,
  CONTINUING ALONG THE COMMON LINE OF SAID 305.661 ACRE AND 370.94
  ACRE TRACTS AND ALONG THE EAST LINE OF A CALLED 58.866 ACRE TRACT
  DESCRIBED IN DEED RECORDED IN FORT BEND COUNTY CLERKS FILE NO.
  1972325075, A DISTANCE OF 1755.62 FEET TO A 2 INCH IRON PIPE FOUND
  IN THE SOUTH LINE OF THE SIENNA PLANTATION LEVEE IMPROVEMENT
  DISTRICT TRACT DESCRIBED IN FORT BEND COUNTY CLERKS FILE NO.
  9741281 AND BEING FOR THE NORTHEAST CORNER OF SAID 305.661 ACRE
  TRACT, SAME BEING THE NORTHWEST CORNER OF SAID 58.866 ACRE TRACT AND
  THE HEREIN DESCRIBED TRACT;
         THENCE NORTH 87 DEGREES 05 MINUTES 42 SECONDS EAST, ALONG THE
  SOUTH LINE OF SAID SIENNA PLANTATION LEVEE IMPROVEMENT DISTRICT
  TRACT, SAME BEING THE NORTH LINE OF SAID 58.866 ACRE TRACT, A
  DISTANCE OF 2691.85 FEET TO A FOUND 1 & 1/4 INCH IRON PIPE FOUND IN
  THE WEST LINE OF UNION PACIFIC RAILROAD TRACT (ABANDONED 100 FOOT
  RIGHT-OF-WAY) FOR AN ANGLE POINT IN THE NORTH LINE OF THE HEREIN
  DESCRIBED TRACT;
         THENCE NORTH 87 DEGREES 21 MINUTES 55 SECONDS EAST, ALONG THE
  SOUTH LINE OF RESERVE "F", SIENNA POINT, SECTION 3, ACCORDING TO THE
  PLAT THEREOF RECORDED IN SLIDE NO. 1795B OF THE FORT BEND COUNTY
  PLAT RECORDS, A DISTANCE OF 106.00 FEET TO A FOUND 1 & 1/4 INCH IRON
  PIPE FOR AN ANGLE POINT IN THE NORTH LINE OF THE HEREIN DESCRIBED
  TRACT;
         THENCE NORTH 87 DEGREES 09 MINUTES 44 SECONDS EAST,
  CONTINUING ALONG THE SOUTH LINE OF SAID RESERVE "F", SIENNA POINT,
  SECTION 3, RESERVE "A", SIENNA POINT, SECTION 2, ACCORDING TO THE
  PLAT THEREOF RECORDED IN SLIDE NO. 1682B OF THE FORT BEND COUNTY
  PLAT RECORDS AND RESERVE "C", SIENNA POINT, SECTION 1, ACCORDING TO
  THE PLAT THEREOF RECORDED IN SLIDE NO. 1528B OF THE FORT BEND COUNTY
  PLAT RECORDS, SAME BEING THE NORTH LINE OF SAID 128.736 ACRE TRACT,
  A DISTANCE OF 6596.86 FEET TO A SET 5/8 INCH IRON ROD FOR THE
  NORTHEAST CORNER OF SAID 128.736 ACRE TRACT AND THE MOST NORTHERLY
  NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT;
         THENCE SOUTH 02 DEGREES 33 MINUTES 12 SECONDS WEST, ALONG A
  PORTION OF THE EAST LINE OF SAID 128.736 ACRE TRACT, THE WEST LINE
  OF A CALLED 15 ACRE TRACT DESCRIBED IN FORT BEND COUNTY CLERKS FILE
  NO. 2007142863, A DISTANCE OF 640.60 FEET TO A SET 5/8 INCH IRON ROD
  THE NORTHEAST CORNER OF A CALLED 0.674 ACRE TRACT DESCRIBED IN DEED
  RECORDED IN VOLUME 1571, PAGE 606 OF THE DEED RECORDS OF FORT BEND
  COUNTY FOR AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT;
         THENCE SOUTH 86 DEGREES 47 MINUTES 58 SECONDS WEST, ALONG THE
  NORTH LINE OF SAID 0.674 ACRE TRACT, A DISTANCE OF 18.82 FEET TO A
  SET 5/8 INCH IRON ROD FOR THE NORTHWEST CORNER OF SAID 0.674 ACRE
  TRACT AND AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT;
         THENCE SOUTH 00 DEGREES 50 MINUTES 09 SECONDS WEST, ALONG THE
  WEST LINE OF SAID 0.674 ACRE TRACT, A DISTANCE OF 431.96 FEET TO A
  SET 5/8 INCH IRON ROD FOR THE SOUTHWEST CORNER OF SAID 0.674 ACRE
  TRACT AND AN INTERIOR CORNER OF THE HEREIN DESCRIBED TRACT;
         THENCE NORTH 86 DEGREES 11 MINUTES 13 SECONDS EAST, ALONG THE
  SOUTH LINE OF SAID 0.674 ACRE TRACT, A DISTANCE OF 1049.50 FEET TO A
  SET 5/8 INCH IRON ROD FOR THE SOUTHEAST CORNER OF SAID 0.674 ACRE
  TRACT, BEING IN THE WEST LINE OF SAID MISSOURI-PACIFIC RAILROAD
  TRACT AND BEING THE MOST EASTERLY NORTHEAST CORNER OF THE HEREIN
  DESCRIBED TRACT;
         THENCE SOUTH 02 DEGREES 35 MINUTES 40 SECONDS WEST, ALONG THE
  WEST LINE OF SAID MISSOURI-PACIFIC RAILROAD TRACT, A DISTANCE OF
  1680.07 FEET TO THE POINT OF BEGINNING AND CONTAINING 505.0088
  ACRES (21,998,182 SQUARE FEET) 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
  7914, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 7914.106 to read as follows:
         Sec. 7914.106.  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.