Texas 2013 - 83rd Regular

Texas House Bill HB1492 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Bell (Senate Sponsor - Williams) H.B. No. 1492
2	2	(In the Senate - Received from the House May 3, 2013;
3	3	May 6, 2013, read first time and referred to Committee on
4	4	Intergovernmental Relations; May 10, 2013, reported favorably by
5	5	the following vote: Yeas 5, Nays 0; May 10, 2013, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to the creation of the Montgomery County Municipal Utility
11	11	District No. 140; granting a limited power of eminent domain;
12	12	providing authority to issue bonds; providing authority to impose
13	13	assessments, fees, and taxes.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. Subtitle F, Title 6, Special District Local Laws
16	16	Code, is amended by adding Chapter 8425 to read as follows:
17	17	CHAPTER 8425. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
18	18	NO. 140
19	19	SUBCHAPTER A. GENERAL PROVISIONS
20	20	Sec. 8425.001. DEFINITIONS. In this chapter:
21	21	(1) "Board" means the district's board of directors.
22	22	(2) "Commission" means the Texas Commission on
23	23	Environmental Quality.
24	24	(3) "Director" means a board member.
25	25	(4) "District" means the Montgomery County Municipal
26	26	Utility District No. 140.
27	27	Sec. 8425.002. NATURE OF DISTRICT. The district is a
28	28	municipal utility district created under Section 59, Article XVI,
29	29	Texas Constitution.
30	30	Sec. 8425.003. CONFIRMATION AND DIRECTORS' ELECTION
31	31	REQUIRED. The temporary directors shall hold an election to
32	32	confirm the creation of the district and to elect five permanent
33	33	directors as provided by Section 49.102, Water Code.
34	34	Sec. 8425.004. CONSENT OF MUNICIPALITY REQUIRED. The
35	35	temporary directors may not hold an election under Section 8425.003
36	36	until each municipality in whose corporate limits or
37	37	extraterritorial jurisdiction the district is located has
38	38	consented by ordinance or resolution to the creation of the
39	39	district and to the inclusion of land in the district.
40	40	Sec. 8425.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
41	41	The district is created to serve a public purpose and benefit.
42	42	(b) The district is created to accomplish the purposes of:
43	43	(1) a municipal utility district as provided by
44	44	general law and Section 59, Article XVI, Texas Constitution; and
45	45	(2) Section 52, Article III, Texas Constitution, that
46	46	relate to the construction, acquisition, improvement, operation,
47	47	or maintenance of macadamized, graveled, or paved roads, or
48	48	improvements, including storm drainage, in aid of those roads.
49	49	Sec. 8425.006. INITIAL DISTRICT TERRITORY. (a) The
50	50	district is initially composed of the territory described by
51	51	Section 2 of the Act enacting this chapter.
52	52	(b) The boundaries and field notes contained in Section 2 of
53	53	the Act enacting this chapter form a closure. A mistake made in the
54	54	field notes or in copying the field notes in the legislative process
55	55	does not affect the district's:
56	56	(1) organization, existence, or validity;
57	57	(2) right to issue any type of bond for the purposes
58	58	for which the district is created or to pay the principal of and
59	59	interest on a bond;
60	60	(3) right to impose a tax; or
61	61	(4) legality or operation.
62	62	SUBCHAPTER B. BOARD OF DIRECTORS
63	63	Sec. 8425.051. GOVERNING BODY; TERMS. (a) The district is
64	64	governed by a board of five elected directors.
65	65	(b) Except as provided by Section 8425.052, directors serve
66	66	staggered four-year terms.
67	67	Sec. 8425.052. TEMPORARY DIRECTORS. (a) On or after the
68	68	effective date of the Act enacting this chapter, the owner or owners
69	69	of a majority of the assessed value of the real property in the
70	70	district may submit a petition to the commission requesting that
71	71	the commission appoint as temporary directors the five persons
72	72	named in the petition. The commission shall appoint as temporary
73	73	directors the five persons named in the petition.
74	74	(b) Temporary directors serve until the earlier of:
75	75	(1) the date permanent directors are elected under
76	76	Section 8425.003; or
77	77	(2) the fourth anniversary of the effective date of
78	78	the Act enacting this chapter.
79	79	(c) If permanent directors have not been elected under
80	80	Section 8425.003 and the terms of the temporary directors have
81	81	expired, successor temporary directors shall be appointed or
82	82	reappointed as provided by Subsection (d) to serve terms that
83	83	expire on the earlier of:
84	84	(1) the date permanent directors are elected under
85	85	Section 8425.003; or
86	86	(2) the fourth anniversary of the date of the
87	87	appointment or reappointment.
88	88	(d) If Subsection (c) applies, the owner or owners of a
89	89	majority of the assessed value of the real property in the district
90	90	may submit a petition to the commission requesting that the
91	91	commission appoint as successor temporary directors the five
92	92	persons named in the petition. The commission shall appoint as
93	93	successor temporary directors the five persons named in the
94	94	petition.
95	95	SUBCHAPTER C. POWERS AND DUTIES
96	96	Sec. 8425.101. GENERAL POWERS AND DUTIES. The district has
97	97	the powers and duties necessary to accomplish the purposes for
98	98	which the district is created.
99	99	Sec. 8425.102. MUNICIPAL UTILITY DISTRICT POWERS AND
100	100	DUTIES. The district has the powers and duties provided by the
101	101	general law of this state, including Chapters 49 and 54, Water Code,
102	102	applicable to municipal utility districts created under Section 59,
103	103	Article XVI, Texas Constitution.
104	104	Sec. 8425.103. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
105	105	OR RESOLUTION. The district shall comply with all applicable
106	106	requirements of any ordinance or resolution that is adopted under
107	107	Section 54.016 or 54.0165, Water Code, and that consents to the
108	108	creation of the district or to the inclusion of land in the
109	109	district.
110	110	Sec. 8425.104. AUTHORITY FOR ROAD PROJECTS. Under Section
111	111	52, Article III, Texas Constitution, the district may design,
112	112	acquire, construct, finance, issue bonds for, improve, operate,
113	113	maintain, and convey to this state, a county, or a municipality for
114	114	operation and maintenance macadamized, graveled, or paved roads, or
115	115	improvements, including storm drainage, in aid of those roads.
116	116	Sec. 8425.105. ROAD STANDARDS AND REQUIREMENTS. (a) A road
117	117	project must meet all applicable construction standards, zoning and
118	118	subdivision requirements, and regulations of each municipality in
119	119	whose corporate limits or extraterritorial jurisdiction the road
120	120	project is located.
121	121	(b) If a road project is not located in the corporate limits
122	122	or extraterritorial jurisdiction of a municipality, the road
123	123	project must meet all applicable construction standards,
124	124	subdivision requirements, and regulations of each county in which
125	125	the road project is located.
126	126	(c) If the state will maintain and operate the road, the
127	127	Texas Transportation Commission must approve the plans and
128	128	specifications of the road project.
129	129	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
130	130	Sec. 8425.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
131	131	district may issue, without an election, bonds and other
132	132	obligations secured by:
133	133	(1) revenue other than ad valorem taxes; or
134	134	(2) contract payments described by Section 8425.153.
135	135	(b) The district must hold an election in the manner
136	136	provided by Chapters 49 and 54, Water Code, to obtain voter approval
137	137	before the district may impose an ad valorem tax or issue bonds
138	138	payable from ad valorem taxes.
139	139	(c) The district may not issue bonds payable from ad valorem
140	140	taxes to finance a road project unless the issuance is approved by a
141	141	vote of a two-thirds majority of the district voters voting at an
142	142	election held for that purpose.
143	143	Sec. 8425.152. OPERATION AND MAINTENANCE TAX. (a) If
144	144	authorized at an election held under Section 8425.151, the district
145	145	may impose an operation and maintenance tax on taxable property in
146	146	the district in accordance with Section 49.107, Water Code.
147	147	(b) The board shall determine the tax rate. The rate may not
148	148	exceed the rate approved at the election.
149	149	Sec. 8425.153. CONTRACT TAXES. (a) In accordance with
150	150	Section 49.108, Water Code, the district may impose a tax other than
151	151	an operation and maintenance tax and use the revenue derived from
152	152	the tax to make payments under a contract after the provisions of
153	153	the contract have been approved by a majority of the district voters
154	154	voting at an election held for that purpose.
155	155	(b) A contract approved by the district voters may contain a
156	156	provision stating that the contract may be modified or amended by
157	157	the board without further voter approval.
158	158	Sec. 8425.154. DIVISION OF DISTRICT. (a) The district may
159	159	be divided into two or more new districts only if:
160	160	(1) the district has no outstanding bonded debt;
161	161	(2) the district is not imposing ad valorem taxes; and
162	162	(3) the requirement of Subsection (i) is satisfied.
163	163	(b) This chapter applies to any new district created by the
164	164	division of the district, and a new district has all the powers and
165	165	duties of the district.
166	166	(c) Any new district created by the division of the district
167	167	may not, at the time the new district is created, contain any land
168	168	outside the area described by Section 2 of the Act creating this
169	169	chapter.
170	170	(d) The board, on its own motion or on receipt of a petition
171	171	signed by the owner or owners of a majority of the assessed value of
172	172	the real property in the district, may adopt an order dividing the
173	173	district.
174	174	(e) The board may adopt an order dividing the district
175	175	before or after the date the board holds an election under Section
176	176	8425.151 to authorize the district's bonds.
177	177	(f) An order dividing the district shall:
178	178	(1) name each new district;
179	179	(2) include the metes and bounds description of the
180	180	territory of each new district;
181	181	(3) appoint temporary directors for each new district;
182	182	and
183	183	(4) provide for the division of assets and liabilities
184	184	between or among the new districts.
185	185	(g) On or before the 30th day after the date of adoption of
186	186	an order dividing the district, the district shall file the order
187	187	with the Texas Commission on Environmental Quality and record the
188	188	order in the real property records of each county in which the
189	189	district is located.
190	190	(h) Any new district created by the division of the district
191	191	shall hold a confirmation and directors' election as required by
192	192	Section 8425.003.
193	193	(i) If the district is located wholly or partly in the
194	194	corporate limits or the extraterritorial jurisdiction of a
195	195	municipality, the district may not divide under this subchapter
196	196	unless the municipality by resolution or ordinance consents to the
197	197	division of the district.
198	198	(j) Any new district created by the division of the district
199	199	must hold an election as required by this chapter to obtain voter
200	200	approval before the district may impose a maintenance tax or issue
201	201	bonds payable wholly or partly from ad valorem taxes.
202	202	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
203	203	Sec. 8425.201. AUTHORITY TO ISSUE BONDS AND OTHER
204	204	OBLIGATIONS. The district may issue bonds or other obligations
205	205	payable wholly or partly from ad valorem taxes, impact fees,
206	206	revenue, contract payments, grants, or other district money, or any
207	207	combination of those sources, to pay for any authorized district
208	208	purpose.
209	209	Sec. 8425.202. TAXES FOR BONDS. At the time the district
210	210	issues bonds payable wholly or partly from ad valorem taxes, the
211	211	board shall provide for the annual imposition of a continuing
212	212	direct ad valorem tax, without limit as to rate or amount, while all
213	213	or part of the bonds are outstanding as required and in the manner
214	214	provided by Sections 54.601 and 54.602, Water Code.
215	215	Sec. 8425.203. BONDS FOR ROAD PROJECTS. At the time of
216	216	issuance, the total principal amount of bonds or other obligations
217	217	issued or incurred to finance road projects and payable from ad
218	218	valorem taxes may not exceed one-fourth of the assessed value of the
219	219	real property in the district.
220	220	SECTION 2. The Montgomery County Municipal Utility District
221	221	No. 140 initially includes all the territory contained in the
222	222	following area:
223	223	BEING ALL THAT CERTAIN TRACT OR PARCEL OF LAND CONTAINING
224	224	1207.52 ACRES OF LAND SITUATED IN THE WILLIAM VINCE SURVEY,
225	225	ABSTRACT No. 581, MONTGOMERY COUNTY, TEXAS, AND SAME BEING ALL OF A
226	226	CALLED 906.6 ACRE TRACT AS RECORDED IN VOLUME 593, PAGE 232, DEED
227	227	RECORDS MONTGOMERY COUNTY, TEXAS, ALL OF A CALLED 152.5 ACRE TRACT
228	228	AS RECORDED IN VOLUME 1106, PAGE 729 DEED RECORDS MONTGOMERY
229	229	COUNTY, TEXAS AND ALL OF A CALLED 152.5 ACRE TRACT AS RECORDED IN
230	230	VOLUME 467, PAGE 617 DEED RECORDS MONTGOMERY COUNTY, TEXAS; SAID
231	231	1207.52 ACRE TRACT BEING THE SAME CALLED 1207.816 ACRE TRACT AS
232	232	RECORDED IN FILM CODE No. 370-00-1195 REAL PROPERTY RECORDS
233	233	MONTGOMERY COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY
234	234	METES AND BOUNDS AS FOLLOWS, TO-WIT:
235	235	BEGINNING at a fence corner found for an interior corner of a
236	236	called 1656 acre tract as recorded in Montgomery County Clerk's
237	237	File No. 9521239, same being the northeast corner of said 906.6 acre
238	238	tract, and this herein described tract;
239	239	THENCE South 20 degrees 59 minutes 02 seconds East, a
240	240	distance of 8513.69 feet with the east line of said William Vince
241	241	Survey, same being the west line of the B.B.B. and C. R.R. Co.
242	242	Survey, Abstract No. 112, and the west line of said 1656 acre tract,
243	243	to a 5/8 inch iron rod found in the north margin of a 170 foot wide
244	244	drainage easement as recorded in Montgomery County Clerk's File No.
245	245	9519948 for the southeast corner of said 906.6 acre tract and this
246	246	herein described tract;
247	247	THENCE South 89 degrees 52 minutes 51 seconds West, a
248	248	distance of 7796.46 feet with the south line of said William Vince
249	249	Survey, same being the north line of the George Mason Survey,
250	250	Abstract No. 341 and said 170 wide drainage easement to a 5/8 inch
251	251	iron rod set in the east bank of the San Jacinto River (West Fork)
252	252	for the southwest corner of said 906.6 acre tract and this herein
253	253	described tract;
254	254	THENCE along the east bank of said San Jacinto River with the
255	255	following meanders:
256	256	THENCE North 11 degrees 49 minutes 12 seconds East, a
257	257	distance of 380.67 feet;
258	258	THENCE North 01 degrees 16 minutes 09 seconds West, a
259	259	distance of 394.82 feet;
260	260	THENCE North 23 degrees 09 minutes 19 seconds West, a
261	261	distance of 960.49 feet;
262	262	THENCE North 04 degrees 50 minutes 29 seconds West, a
263	263	distance of 412.43 feet to a 5/8 inch iron rod set on the east bank
264	264	of said San Jacinto River, for the southwest corner of a called 250
265	265	acre tract as recorded in Volume 969, Page 543 Deed Records
266	266	Montgomery County, Texas, and same the upper southwest corner of
267	267	this herein described tract;
268	268	THENCE South 88 degrees 25 minutes 24 seconds East, a
269	269	distance of 1039.87 feet to a 3 inch iron pipe found for the
270	270	southeast corner of said 250 acre tract, the southwest corner of
271	271	said 152.5 acre tract as recorded in Volume 467, Page 617 Deed
272	272	Records Montgomery County, Texas, and same being an interior corner
273	273	of this herein described tract;
274	274	THENCE North 00 degrees 50 minutes 54 seconds East, a
275	275	distance of 4030.78 feet to a 3 inch iron pipe found for the
276	276	northeast corner of said 250 acre tract, the northwest corner of
277	277	said 152.5 acre tract, and same being an interior corner of this
278	278	herein described tract;
279	279	THENCE South 89 degrees 51 minutes 21 seconds West, a
280	280	distance of 3693.92 feet to a 5/8 inch iron rod set on the east bank
281	281	of said San Jacinto River for the northwest corner of said 250 acre
282	282	tract and same being the lower northwest corner of this herein
283	283	described tract;
284	284	THENCE along the east bank of said San Jacinto River with the
285	285	following meanders:
286	286	THENCE North 21 degrees 09 minutes 03 seconds East, a
287	287	distance of 471.62 feet;
288	288	THENCE North 03 degrees 09 minutes 38 seconds East, a
289	289	distance of 208.42 feet;
290	290	THENCE North 11 degrees 23 minutes 43 seconds West, a
291	291	distance of 330.30 feet;
292	292	THENCE North 07 degrees 42 minutes 59 seconds West, a
293	293	distance of 240.75 feet;
294	294	THENCE North 24 degrees 03 minutes 52 seconds West, a
295	295	distance of 409.87 feet;
296	296	THENCE North 26 degrees 49 minutes 19 seconds West, a
297	297	distance of 335.54 feet to a 5/8 inch iron rod set on the east bank
298	298	of said San Jacinto River for the northwest corner of said 906.6
299	299	acre tract, same being the northwest corner of this herein
300	300	described tract;
301	301	THENCE North 89 degrees 48 minutes 05 seconds East, with the
302	302	north line of said William Vince Survey, same being the south line
303	303	of the Allen Vince Survey, Abstract No. 52, the south line of a
304	304	called 92.181 acre tract as recorded in Montgomery County Clerk's
305	305	File No. 2002-091442, the south line of a called 55.08 acre tract as
306	306	recorded in Montgomery County Clerk's File No. 8337280, the south
307	307	line of the Wiatt Anderson Survey, Abstract No. 53, the south line
308	308	of a called 140.68 acre tract as recorded in Montgomery County
309	309	Clerk's File No. 8337280, the south line of Porter Heights, Section
310	310	1, as recorded in Volume 5, Page 339 Map Records Montgomery County,
311	311	Texas, and the south line of Porter Heights, Section 2, as recorded
312	312	in Volume 7, Page 259 Map Records Montgomery County, Texas a
313	313	distance of 7920.14 feet to the PLACE OF BEGINNING and containing
314	314	1207.52 acres.
315	315	SECTION 3. (a) The legal notice of the intention to
316	316	introduce this Act, setting forth the general substance of this
317	317	Act, has been published as provided by law, and the notice and a
318	318	copy of this Act have been furnished to all persons, agencies,
319	319	officials, or entities to which they are required to be furnished
320	320	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
321	321	Government Code.
322	322	(b) The governor, one of the required recipients, has
323	323	submitted the notice and Act to the Texas Commission on
324	324	Environmental Quality.
325	325	(c) The Texas Commission on Environmental Quality has filed
326	326	its recommendations relating to this Act with the governor, the
327	327	lieutenant governor, and the speaker of the house of
328	328	representatives within the required time.
329	329	(d) All requirements of the constitution and laws of this
330	330	state and the rules and procedures of the legislature with respect
331	331	to the notice, introduction, and passage of this Act are fulfilled
332	332	and accomplished.
333	333	SECTION 4. (a) If this Act does not receive a two-thirds
334	334	vote of all the members elected to each house, Subchapter C, Chapter
335	335	8425, Special District Local Laws Code, as added by Section 1 of
336	336	this Act, is amended by adding Section 8425.106 to read as follows:
337	337	Sec. 8425.106. NO EMINENT DOMAIN POWER. The district may
338	338	not exercise the power of eminent domain.
339	339	(b) This section is not intended to be an expression of a
340	340	legislative interpretation of the requirements of Section 17(c),
341	341	Article I, Texas Constitution.
342	342	SECTION 5. This Act takes effect immediately if it receives
343	343	a vote of two-thirds of all the members elected to each house, as
344	344	provided by Section 39, Article III, Texas Constitution. If this
345	345	Act does not receive the vote necessary for immediate effect, this
346	346	Act takes effect September 1, 2013.
347	347	* * * * *