By: Kolkhorst  S.B. No. 2251          (In the Senate - Filed March 23, 2017; April 3, 2017, read   first time and referred to Committee on Intergovernmental   Relations; April 26, 2017, reported favorably by the following   vote:  Yeas 6, Nays 0; April 26, 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.     * * * * *