By: Zerwas (Senate Sponsor - Kolkhorst) H.B. No. 1331
         (In the Senate - Received from the House April 24, 2017;
  April 26, 2017, read first time and referred to Committee on
  Administration; May 2, 2017, reported favorably by the following
  vote:  Yeas 6, Nays 0; May 2, 2017, sent to printer.)
Click here to see the committee vote
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
 
  relating to the creation of the Fort Bend County Municipal Utility
  District No. 224; 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 7969 to read as follows:
  CHAPTER 7969.  FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 224
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 7969.001.  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. 224.
         Sec. 7969.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 7969.003.  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. 7969.004.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section 7969.003
  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. 7969.005.  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. 7969.006.  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. 7969.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 7969.052, directors serve
  staggered four-year terms.
         Sec. 7969.052.  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 7969.003; 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 7969.003 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 7969.003; 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. 7969.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 7969.102.  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. 7969.103.  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. 7969.104.  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. 7969.105.  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. 7969.151.  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 7969.153.
         (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. 7969.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 7969.151, 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. 7969.153.  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. 7969.201.  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. 7969.202.  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. 7969.203.  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. 224 initially includes all the territory contained in the
  following area:
         A METES & BOUNDS description of a 178.52 acre tract of land in
  the Thomas Westall League, Abstract 92, Fort Bend County, Texas,
  being comprised of that certain called 1.127 acre tract recorded
  under County Clerk's File Number 2007044630, Official Public
  Records, Fort Bend County, Texas, and that certain called 56.470
  acre tract and portions of those certain called 55.480 acre and
  called 73.831 acre tracts recorded under County Clerk's File Number
  2004143701, Official Public Records, Fort Bend County, Texas, with
  all bearings based upon the Texas Coordinate System, South Central
  Zone, NAD83, based upon GPS observations.
         Beginning at a 5/8 inch iron rod with cap marked "1535-4035"
  found in the northeast right-of-way line of F. M. Highway 1489
  (100-feet wide) for the south corner of said called 56.470 acre
  tract, same being the west corner of an adjoining called 154 ± acre
  tract as recorded under Probate File Number 016127, Probate
  Records, Fort Bend County, Texas, for the south corner and Place of
  Beginning of the herein described tract;
         Thence North 35 degrees 42 minutes 52 seconds West along the
  southwest line of the herein described tract, same being the
  northeast right-of-way line of F. M. Highway 1489, at 783.00 feet
  pass a 5/8 inch iron rod with cap marked "1535-4035" found on said
  line for the west corner of said called 56.470 acre tract, being in
  the southerly right-of-way line of Vernon Frost Road (60-feet
  wide), at 843.62 feet pass a 5/8 inch iron rod with cap marked
  "1535-4035" found on said line for the south corner of the
  aforementioned called 55.480 acre tract, being in the northerly
  right-of-way line of Vernon Frost Road, and continuing for a total
  distance of 1,593.71 feet to a point on said line at its
  intersection with the existing northeasterly line of the
  Extraterritorial Jurisdictional limits of the City of Simonton,
  being one-half mile from the corporate limits of the City of
  Simonton as established by Ordinance Number 980108 of the City
  Council of Simonton, for the lower west corner of the herein
  described tract, said point being in a non-tangent curve to the
  left;
         Thence along said non-tangent curve to the left, being the
  northeasterly line of the Extraterritorial Jurisdictional limits
  of the City of Simonton, having a central angle of 45 degrees 15
  minutes 50 seconds, a radius of 2,640.00 feet, an arc length of
  2,085.61 feet, and a chord bearing North 28 degrees 01 minute 05
  seconds West, 2,031.80 feet to a point on said line at its
  intersection with the west line of the aforementioned called 73.831
  acre tract for the upper west corner of the herein described tract,
  said point being in the east right-of-way line of F. M. Highway
  1489;
         Thence North 05 degrees 05 minutes 04 seconds West along the
  upper west line of the herein described tract, same being the east
  right-of-way line of F. M. Highway 1489, 378.70 feet to a 5/8 inch
  iron rod with cap marked "1535-4035" found for the northwest corner
  of the herein described tract and said called 73.831 acre tract,
  same being a southwest corner of an adjoining called 100.171 acre
  tract recorded in Volume 1833, Page 438, Official Records, Fort
  Bend County, Texas;
         Thence North 88 degrees 58 minutes 41 seconds East along the
  upper north line of the herein described tract and the north line of
  said called 73.831 acre tract, same being a southwest line of said
  adjoining called 100.171 acre tract, 2,488.56 feet to the upper
  northeast corner of the herein described tract, being the northeast
  corner of said called 73.831 acre tract, same being the northwest
  corner of an adjoining called 18.00 acre tract recorded under
  County Clerk's File Number 2000043870, Official Public Records,
  Fort Bend County, Texas;
         Thence South 00 degrees 59 minutes 54 seconds East along the
  east line of said called 73.831 acre tract, same being the west line
  of said adjoining called 18.00 acre tract, 948.59 feet to the
  southeast corner of said called 73.831 acre tract, same being the
  southwest corner of said adjoining called 18.00 acre tract, and
  being in the north line of the aforementioned called 55.480 acre
  tract, as located in the centerline of Bessie's Creek;
         Thence along the centerline of Bessie's Creek with the
  following meanders:
               North 54 degrees 11 minutes 36 seconds East, 133.89
  feet;
               North 71 degrees 49 minutes 46 seconds East, 212.50 feet
  to the northeast corner of said called 55.480 acre tract, being a
  northwest corner of an adjoining portion of the Vernon Frost Estate
  recorded under Probate File Number 016127, Probate Records, Fort
  Bend County, Texas;
         Thence South 03 degrees 22 minutes 17 seconds West along the
  east line of said called 55.480 acre tract, same being a west line
  of said adjoining Vernon Frost Estate, 275.66 feet to an angle
  point;
         Thence South 06 degrees 04 minutes 43 seconds East continuing
  along said line, at 982.05 feet pass a 5/8 inch iron rod found on
  said line at its intersection with the northerly right-of-way line
  of Vernon Frost Road for the southeast corner of said called 55.480
  acre tract, and continuing for a total distance of 1,046.49 feet to
  a point for a reentry corner to the herein described tract being in
  the southerly right-of-way line of Vernon Frost Road, same being
  the northerly line of the aforementioned called 56.470 acre tract;
         Thence North 62 degrees 30 minutes 22 seconds East along the
  southerly right-of-way line of Vernon Frost Road, same being the
  northerly line of said called 56.470 acre tract, 274.12 feet to a
  5/8 inch iron rod with cap marked "1535-4035" found for angle point;
         Thence South 85 degrees 35 minutes 20 seconds East continuing
  along said line, 1,372.06 feet to a 5/8 inch iron rod with cap
  marked "1535-4035" found for the lower northeast corner of the
  herein described tract and the northeast corner of said called
  56.470 acre tract, same being the upper northwest corner of the
  aforementioned adjoining called 154 ± acre tract;
         Thence South 04 degrees 24 minutes 40 seconds West along the
  common line of the herein described tract and said adjoining called
  154 ± acre tract, 883.00 feet to the southeast corner of said called
  56.470 acre tract;
         Thence North 85 degrees 35 minutes 20 seconds West continuing
  along said common line, 1,324.09 feet to an angle point;
         Thence South 62 degrees 30 minutes 22 seconds West continuing
  along said common line, 1,369.17 feet to the Place of Beginning and
  containing 178.52 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
  7969, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 7969.106 to read as follows:
         Sec. 7969.106.  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, 2017.
 
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