H.B. No. 1597
 
 
 
 
AN ACT
  relating to the creation of the Fort Bend County Municipal Utility
  District No. 202; 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 8328 to read as follows:
  CHAPTER 8328.  FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 202
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8328.001.  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. 202.
         Sec. 8328.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8328.003.  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. 8328.004.  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. 8328.005.  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 8328.006-8328.050 reserved for expansion]
  SUBCHAPTER B.  BOARD OF DIRECTORS
         Sec. 8328.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8328.052, directors serve
  staggered four-year terms.
         Sec. 8328.052.  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 8328.003; 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 8328.003 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 8328.003; 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 8328.053-8328.100 reserved for expansion]
  SUBCHAPTER C.  POWERS AND DUTIES
         Sec. 8328.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8328.102.  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. 8328.103.  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. 8328.104.  APPROVAL OF ROAD PROJECT.  (a)  The district
  may not undertake a road project authorized by Section 8328.103
  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. 8328.105.  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 8328.103; or
               (2)  a recreational facility as defined by Section
  49.462, Water Code.
  [Sections 8328.106-8328.150 reserved for expansion]
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 8328.151.  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 8328.153.
         (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. 8328.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8328.151, 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. 8328.153.  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 8328.154-8328.200 reserved for expansion]
  SUBCHAPTER E.  BONDS AND OTHER OBLIGATIONS
         Sec. 8328.201.  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. 8328.202.  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. 8328.203.  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. 202 initially includes all the territory contained in the
  following area:
         Being 770.130 acres of land located in the Randolph Foster
  League, Abstract 28, the Isaac N. Charles League, Abstract 17 and
  the Nathan Brookshire League, Abstract 14, Fort Bend County, Texas,
  more particularly being a portion of that certain called 672.719
  acre tract conveyed to NBI Properties, Inc., by instruments of
  record in Volume 1005, Page 102, Official Public Records, of Waller
  County (W.C.O.P.R.) and File No. 2006149078, Official Public
  Records, of Fort Bend County (F.B.C.O.P.R.), being a portion of
  that certain called 152.516 acre tract conveyed to NBI Properties,
  Inc., by instruments of record in Volume 1005, Page 037,
  W.C.O.P.R., and File No. 2006149075, F.B.C.O.P.R., being all of
  that certain called 508.581 acre tract conveyed to NBI Properties,
  Inc., by instrument of record in File No. 2006124571, F.B.C.O.P.R.,
  and being all of that certain called 35.587 acre tract conveyed to
  Mullins Ranch, Inc., by instrument of record in File No.
  2007044092, F.B.C.O.P.R., said 770.130 acres being more
  particularly described in three (3) parts by metes and bounds as
  follows (all bearings are assumed);
         PART ONE
         BEGINNING at the southwest corner of said 672.719 acre tract,
  same being on the north right-of-way line of Hunt Road and on the
  east right-of-way line of F.M. 1489 (called 80 feet wide);
         Thence, with the common line of said 672.719 acre tract and
  said F.M. 1489, North 02° 49' 09" West (called North 02° 21' 50"
  West), 1257.30 feet to a point for corner on the common line of said
  Fort Bend County and Waller County;
         Thence, with said common county line, North 87° 55' 15" East,
  5340.78 feet to a point for corner in the centerline of Bessies
  Creek;
         Thence, leaving said county line and with the centerline
  meanders of Bessies Creek, the following five (5) courses:
         1)  South 21° 10' 25" West, 193.50 feet to a point for corner;
         2)  South 01° 41' 05" East, 209.65 feet to a point for corner;
         3)  South 49° 34' 26" East, 1093.06 feet to a point for
  corner;
         4)  South 17° 02' 57" East, 483.52 feet to a point for corner;
         5)  South 04° 24' 25" West, 500.20 feet to the southeast
  corner of said 35.587 acre tract, same being on the north line of
  said Hunt Road;
         Thence, with the common line of said 35.587 acre tract and
  said Hunt Road, the following twelve (12) courses:
         1)  North 57° 28' 12" West, 170.42 feet to a point for corner;
         2)  South 86° 46' 42" West (called South 86° 46' 42" West),
  1453.95 feet to a point for corner;
         3)  North 80° 00' 33" West, 126.25 feet to a point for corner;
         4)  North 65° 43' 54" West, 120.23 feet to a point for corner;
         5)  North 46° 00' 57" West, 108.95 feet to a point for corner;
         6)  North 45° 18' 11" West, 228.45 feet to a point for corner;
         7)  North 51° 58' 08" West, 109.18 feet to a point for corner;
         8)  North 55° 24' 54" West, 101.29 feet to a point for corner;
         9)  North 58° 46' 16" West, 169.17 feet to a point for corner;
         10)  North 67° 51' 54" West, 263.68 feet to a point for
  corner;
         11)  North 59° 04' 07" West, 33.61 feet to a point for corner;
         12)  North 52° 16' 47" West, 156.79 feet to the west corner of
  said 35.587 acre tract and on the south line of said 152.516 acre
  tract;
         Thence, with the south lines of said 152.516 and 672.719 acre
  tracts and the north line of said Hunt Road, the following five (5)
  courses:
         1)  South 86° 44' 32" West, 1067.90 feet to a point for
  corner;
         2)  South 86° 47' 14" West, 508.38 feet to a point for corner;
         3)  South 88° 52' 26" West, 432.42 feet to a point for corner;
         4)  North 71° 55' 41" West, 15.88 feet to a point for corner;
         5)  South 88° 18' 43" West, 1345.31 feet to the POINT OF
  BEGINNING and containing 199.898 acres of land.
         PART TWO
         COMMENCING for reference at the northeast corner of said
  672.719 acre tract, same being the northwest corner of said Nathan
  Brookshire League, and on the common line of said Fort Bend County
  and said Waller County;
         Thence, with the east line of said 672.719 acre tract, the
  west line of said Nathan Brookshire League and with said common
  county line, South 03° 51' 34" West, 1455.67 feet to a point;
         Thence, leaving the east line of said 672.719 acre tract and
  continuing with the west line of said Nathan Brookshire League and
  continuing with said common county line, South 03° 52' 13" East,
  147.96 feet to the POINT OF BEGINNING on the centerline of Bessies
  Creek;
         Thence, leaving said west line and said common county line
  and with the centerline meanders of said Bessies Creek, the
  following nine (9) courses:
         1)  South 60° 36' 40" East, 445.96 feet to a point for corner;
         2)  South 72° 10' 05" East, 677.66 feet to a point for corner;
         3)  South 63° 45' 04" East, 311.20 feet to a point for corner;
         4)  South 38° 34' 04" East, 234.21 feet to a point for corner;
         5)  South 12° 57' 36" East, 253.54 feet to a point for corner;
         6)  South 06° 50' 44" West, 643.95 feet to a point for corner
  on the common line of said Isaac N. Charles League and the
  aforementioned Nathan Brookshire League;
         7)  leaving said common survey line and continuing with said
  centerline, South 34° 38' 27" West, 435.63 feet to a point for
  corner;
         8)  South 56° 39' 01" West, 550.92 feet to a point for corner;
         9)  South 64° 39' 53" West, 707.60 feet to a point for corner
  on the common line of said Fort Bend and Waller Counties;
         Thence, with said common county line, North 02° 01' 06" West,
  2599.24 feet to the POINT OF BEGINNING and containing 61.649 acres
  of land.
         PART THREE
         BEGINNING at the northwest corner of said 508.581 acre tract,
  same being on the east right-of-way line of said F.M. 1489 and on
  the south right-of-way line of said Hunt Road;
         Thence, with the common line of said 508.581 acre tract and
  said Hunt Road, the following sixteen (16) courses:
         1)  North 87° 00' 12" East, 495.22 feet to a point for corner;
         2)  North 88° 32' 51" East, 840.53 feet to a point for corner;
         3)  South 89° 06' 42" East, 287.39 feet to a point for corner;
         4)  North 87° 23' 42" East, 290.29 feet to a point for corner;
         5)  North 85° 49' 30" East, 1087.09 feet to a point for
  corner;
         6)  South 89° 36' 46" East, 349.85 feet to a point for corner;
         7)  South 58° 02' 58" East, 204.94 feet to a point for corner;
         8)  South 68° 03' 28" East, 205.01 feet to a point for corner;
         9)  South 61° 16' 46" East, 147.02 feet to a point for corner;
         10)  South 53° 05' 13" East, 304.45 feet to a point for
  corner;
         11)  South 46° 20' 06" East, 312.65 feet to a point for
  corner;
         12)  South 61° 23' 18" East, 132.54 feet to a point for
  corner;
         13)  North 86° 52' 59" East, 1226.32 feet to a point for
  corner;
         14)  North 88° 21' 37" East, 159.79 feet to a point for
  corner;
         15)  South 68° 34' 57" East, 249.09 feet to a point for
  corner;
         16)  South 88° 46' 41" East, 97.33 feet to the northeast
  corner of said 508.581 acre tract, same being on the centerline of
  said Bessies Creek;
         Thence, with the easterly line of said 508.581 acre tract and
  said centerline, the following twenty-nine (29) courses:
         1)  South 01° 13' 19" West, 217.82 feet to a point for corner;
         2)  South 12° 49' 24" East, 424.89 feet to a point for corner;
         3)  South 24° 50' 47" East, 299.78 feet to a point for corner;
         4)  South 41° 36' 29" East, 88.95 feet to a point for corner;
         5)  South 31° 36' 15" East, 234.80 feet to a point for corner;
         6)  South 39° 01' 13" East, 229.46 feet to a point for corner;
         7)  South 18° 13' 06" East, 147.52 feet to a point for corner;
         8)  South 13° 55' 52" East, 240.08 feet to a point for corner;
         9)  South 08° 36' 21" West, 249.21 feet to a point for corner;
         10)  South 19° 28' 30" West, 95.00 feet to a point for corner;
         11)  South 33° 58' 55" West, 187.05 feet to a point for
  corner;
         12)  South 43° 32' 53" West, 181.54 feet to a point for
  corner;
         13)  South 57° 45' 22" West, 161.06 feet to a point for
  corner;
         14)  South 67° 17' 56" West, 217.15 feet to a point for
  corner;
         15)  South 62° 14' 41" West, 281.01 feet to a point for
  corner;
         16)  South 75° 54' 38" West, 205.52 feet to a point for
  corner;
         17)  South 70° 54' 24" West, 178.63 feet to a point for
  corner;
         18)  South 73° 48' 11" West, 186.02 feet to a point for
  corner;
         19)  South 69° 24' 18" West, 415.52 feet to a point for
  corner;
         20)  South 77° 07' 45" West, 266.10 feet to a point for
  corner;
         21)  South 78° 56' 08" West, 272.92 feet to a point for
  corner;
         22)  South 84° 26' 54" West, 174.72 feet to a point for
  corner;
         23)  North 88° 21' 42" West, 212.09 feet to a point for
  corner;
         24)  South 80° 21' 04" West, 81.80 feet to a point for corner;
         25)  South 69° 10' 16" West, 210.11 feet to a point for
  corner;
         26)  South 49° 28' 50" West, 121.89 feet to a point for
  corner;
         27)  South 36° 59' 03" West, 103.76 feet to a point for
  corner;
         28)  South 28° 42' 24" West, 92.55 feet to a point for corner;
         29)  South 05° 30' 33" West, 53.60 feet to the most southerly
  southeast corner of said 508.581 acre tract;
         Thence, with the south line of said 508.581 acre tract, South
  87° 55' 38" West (called South 87° 55' 38" West), 3566.65 feet to a
  point for corner;
         Thence, continuing with said south line, South 41° 17' 16"
  West, 165.81 feet to the southwest corner of said 508.581 acre tract
  and on the east line of the aforementioned F.M. 1489;
         Thence, with the common line of said 508.581 acre tract and
  said F.M. 1489, North 08° 29' 32" East, 809.80 feet to a point for
  corner, same being the southwest corner of that certain called
  27.831 acre tract conveyed to Anna L. Madsen, et al, by instrument
  of record in File No. 1999057726, F.B.C.O.P.R.;
         Thence, with the common line of said 508.581 and 27.831 acre
  tracts, the following five (5) courses:
         1)  North 85° 56' 42" East, 760.72 feet to a point for corner;
         2)  North 09° 27' 33" East, 842.61 feet to a point for corner;
         3)  North 13° 54' 13" East, 391.54 feet to a point for corner;
         4)  North 25° 54' 44" East, 469.92 feet to a point for corner;
         5)  South 87° 11' 48" West, 1139.49 feet to a point for
  corner, same being the northwest corner of said 27.831 acre tract
  and on the east line of said F.M. 1489;
         Thence, with the common line of said 508.581 acre tract and
  said F.M. 1489, North 02° 16' 02" West, 1888.41 feet to the POINT OF
  BEGINNING and containing 508.583 acres of land.
         Said Part One, Part Two and Part Three containing a total of
  770.130 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. 1597 was passed by the House on May
  12, 2009, by the following vote:  Yeas 149, Nays 0, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1597 was passed by the Senate on May
  27, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor