AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
S.B. 998 proposes the creation of a municipal utility district to be known as Fort Bend County Municipal Utility District No. 216 (district), to provide water, wastewater, drainage, recreational and road improvements for this tract of land. The district will contain approximately 503 acres in Fort Bend County and within the extraterritorial jurisdiction of the City of Fulshear, Texas.
All of the property in the proposed district is owned by Sam Yeager Development Corporation, a well-known and accomplished developer in the Houston metropolitan area. The City of Fulshear has consented to the creation of the district through the adoption of a resolution.
S.B. 998 conforms in all respects to the agreed template for the creation of municipal utility districts adopted by the Texas Legislature.
As proposed, S.B. 998 amends current law relating to the creation of the Fort Bend County Municipal Utility District No. 216, grants a limited power of eminent domain, provides authority to issue bonds, and provides authority to impose assessments, fees, and taxes.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subtitle F, Title 6, Special District Local Laws Code, by adding Chapter 7901, as follows:
CHAPTER 7901. FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT NO. 216
Sets forth standard language for the creation of the Fort Bend County Municipal Utility District No. 216 (district) in Fort Bend County. Sets forth standards, procedures, requirements, and criteria for:
Creation and approval of the district (Sections 7901.001-7901.006);
Size, composition, and terms of the board of directors of the district and appointment of temporary directors (Sections 7901.051 and 7901.052);
Powers and duties of the district (Sections 7901.101-7901.105); and
General financial provisions and authority to impose taxes and to issue bonds and obligations for the district (Sections 7901.151-7901.203).
SECTION 2. Sets forth the initial boundaries of the district.
SECTION 3. Provides that all requirements of the constitution and the 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) Provides that if this Act does not receive a two-thirds vote of all the members elected to each house, Subchapter C, Chapter 7901, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 7901.106, as follows:
Sec. 7901.106. NO EMINENT DOMAIN POWER. Prohibits the district from exercising the power of eminent domain.
(b) Provides that this section is not intended to be an expression of a legislative interpretation of the requirements of Section 17(c) (authorizing the legislature to enact a general, local, or special law granting the power of eminent domain to an entity only on a two-thirds vote of all the members elected to each house, or after January 1, 2010), Article I, Texas Constitution.
SECTION 5. Effective date: upon passage or September 1, 2015.