Texas 2013 - 83rd Regular

Texas House Bill HB1506 Compare Versions

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1	1	By: Bell (Senate Sponsor - Williams) H.B. No. 1506
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. 106; 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 8420 to read as follows:
17	17	CHAPTER 8420. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 106
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	Sec. 8420.001. DEFINITIONS. In this chapter:
20	20	(1) "Board" means the district's board of directors.
21	21	(2) "Commission" means the Texas Commission on
22	22	Environmental Quality.
23	23	(3) "Director" means a board member.
24	24	(4) "District" means the Montgomery County Municipal
25	25	Utility District No. 106.
26	26	Sec. 8420.002. NATURE OF DISTRICT. The district is a
27	27	municipal utility district created under Section 59, Article XVI,
28	28	Texas Constitution.
29	29	Sec. 8420.003. CONFIRMATION AND DIRECTORS' ELECTION
30	30	REQUIRED. The temporary directors shall hold an election to
31	31	confirm the creation of the district and to elect five permanent
32	32	directors as provided by Section 49.102, Water Code.
33	33	Sec. 8420.004. CONSENT OF MUNICIPALITY REQUIRED. The
34	34	temporary directors may not hold an election under Section 8420.003
35	35	until each municipality in whose corporate limits or
36	36	extraterritorial jurisdiction the district is located has
37	37	consented by ordinance or resolution to the creation of the
38	38	district and to the inclusion of land in the district.
39	39	Sec. 8420.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
40	40	The district is created to serve a public purpose and benefit.
41	41	(b) The district is created to accomplish the purposes of:
42	42	(1) a municipal utility district as provided by
43	43	general law and Section 59, Article XVI, Texas Constitution; and
44	44	(2) Section 52, Article III, Texas Constitution, that
45	45	relate to the construction, acquisition, improvement, operation,
46	46	or maintenance of macadamized, graveled, or paved roads, or
47	47	improvements, including storm drainage, in aid of those roads.
48	48	Sec. 8420.006. INITIAL DISTRICT TERRITORY. (a) The
49	49	district is initially composed of the territory described by
50	50	Section 2 of the Act enacting this chapter.
51	51	(b) The boundaries and field notes contained in Section 2 of
52	52	the Act enacting this chapter form a closure. A mistake made in the
53	53	field notes or in copying the field notes in the legislative process
54	54	does not affect the district's:
55	55	(1) organization, existence, or validity;
56	56	(2) right to issue any type of bond for the purposes
57	57	for which the district is created or to pay the principal of and
58	58	interest on a bond;
59	59	(3) right to impose a tax; or
60	60	(4) legality or operation.
61	61	SUBCHAPTER B. BOARD OF DIRECTORS
62	62	Sec. 8420.051. GOVERNING BODY; TERMS. (a) The district is
63	63	governed by a board of five elected directors.
64	64	(b) Except as provided by Section 8420.052, directors serve
65	65	staggered four-year terms.
66	66	Sec. 8420.052. TEMPORARY DIRECTORS. (a) On or after the
67	67	effective date of the Act enacting this chapter, the owner or owners
68	68	of a majority of the assessed value of the real property in the
69	69	district may submit a petition to the commission requesting that
70	70	the commission appoint as temporary directors the five persons
71	71	named in the petition. The commission shall appoint as temporary
72	72	directors the five persons named in the petition.
73	73	(b) Temporary directors serve until the earlier of:
74	74	(1) the date permanent directors are elected under
75	75	Section 8420.003; or
76	76	(2) the fourth anniversary of the effective date of
77	77	the Act enacting this chapter.
78	78	(c) If permanent directors have not been elected under
79	79	Section 8420.003 and the terms of the temporary directors have
80	80	expired, successor temporary directors shall be appointed or
81	81	reappointed as provided by Subsection (d) to serve terms that
82	82	expire on the earlier of:
83	83	(1) the date permanent directors are elected under
84	84	Section 8420.003; or
85	85	(2) the fourth anniversary of the date of the
86	86	appointment or reappointment.
87	87	(d) If Subsection (c) applies, the owner or owners of a
88	88	majority of the assessed value of the real property in the district
89	89	may submit a petition to the commission requesting that the
90	90	commission appoint as successor temporary directors the five
91	91	persons named in the petition. The commission shall appoint as
92	92	successor temporary directors the five persons named in the
93	93	petition.
94	94	SUBCHAPTER C. POWERS AND DUTIES
95	95	Sec. 8420.101. GENERAL POWERS AND DUTIES. The district has
96	96	the powers and duties necessary to accomplish the purposes for
97	97	which the district is created.
98	98	Sec. 8420.102. MUNICIPAL UTILITY DISTRICT POWERS AND
99	99	DUTIES. The district has the powers and duties provided by the
100	100	general law of this state, including Chapters 49 and 54, Water Code,
101	101	applicable to municipal utility districts created under Section 59,
102	102	Article XVI, Texas Constitution.
103	103	Sec. 8420.103. AUTHORITY FOR ROAD PROJECTS. Under Section
104	104	52, Article III, Texas Constitution, the district may design,
105	105	acquire, construct, finance, issue bonds for, improve, operate,
106	106	maintain, and convey to this state, a county, or a municipality for
107	107	operation and maintenance macadamized, graveled, or paved roads, or
108	108	improvements, including storm drainage, in aid of those roads.
109	109	Sec. 8420.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
110	110	project must meet all applicable construction standards, zoning and
111	111	subdivision requirements, and regulations of each municipality in
112	112	whose corporate limits or extraterritorial jurisdiction the road
113	113	project is located.
114	114	(b) If a road project is not located in the corporate limits
115	115	or extraterritorial jurisdiction of a municipality, the road
116	116	project must meet all applicable construction standards, zoning and
117	117	subdivision requirements, and regulations of each county in which
118	118	the road project is located.
119	119	(c) If the state will maintain and operate the road, the
120	120	Texas Transportation Commission must approve the plans and
121	121	specifications of the road project.
122	122	Sec. 8420.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
123	123	OR RESOLUTION. The district shall comply with all applicable
124	124	requirements of any ordinance or resolution that is adopted under
125	125	Section 54.016 or 54.0165, Water Code, and that consents to the
126	126	creation of the district or to the inclusion of land in the
127	127	district.
128	128	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
129	129	Sec. 8420.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
130	130	district may issue, without an election, bonds and other
131	131	obligations secured by:
132	132	(1) revenue other than ad valorem taxes; or
133	133	(2) contract payments described by Section 8420.153.
134	134	(b) The district must hold an election in the manner
135	135	provided by Chapters 49 and 54, Water Code, to obtain voter approval
136	136	before the district may impose an ad valorem tax or issue bonds
137	137	payable from ad valorem taxes.
138	138	(c) The district may not issue bonds payable from ad valorem
139	139	taxes to finance a road project unless the issuance is approved by a
140	140	vote of a two-thirds majority of the district voters voting at an
141	141	election held for that purpose.
142	142	Sec. 8420.152. OPERATION AND MAINTENANCE TAX. (a) If
143	143	authorized at an election held under Section 8420.151, the district
144	144	may impose an operation and maintenance tax on taxable property in
145	145	the district in accordance with Section 49.107, Water Code.
146	146	(b) The board shall determine the tax rate. The rate may not
147	147	exceed the rate approved at the election.
148	148	Sec. 8420.153. CONTRACT TAXES. (a) In accordance with
149	149	Section 49.108, Water Code, the district may impose a tax other than
150	150	an operation and maintenance tax and use the revenue derived from
151	151	the tax to make payments under a contract after the provisions of
152	152	the contract have been approved by a majority of the district voters
153	153	voting at an election held for that purpose.
154	154	(b) A contract approved by the district voters may contain a
155	155	provision stating that the contract may be modified or amended by
156	156	the board without further voter approval.
157	157	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
158	158	Sec. 8420.201. AUTHORITY TO ISSUE BONDS AND OTHER
159	159	OBLIGATIONS. The district may issue bonds or other obligations
160	160	payable wholly or partly from ad valorem taxes, impact fees,
161	161	revenue, contract payments, grants, or other district money, or any
162	162	combination of those sources, to pay for any authorized district
163	163	purpose.
164	164	Sec. 8420.202. TAXES FOR BONDS. At the time the district
165	165	issues bonds payable wholly or partly from ad valorem taxes, the
166	166	board shall provide for the annual imposition of a continuing
167	167	direct ad valorem tax, without limit as to rate or amount, while all
168	168	or part of the bonds are outstanding as required and in the manner
169	169	provided by Sections 54.601 and 54.602, Water Code.
170	170	Sec. 8420.203. BONDS FOR ROAD PROJECTS. At the time of
171	171	issuance, the total principal amount of bonds or other obligations
172	172	issued or incurred to finance road projects and payable from ad
173	173	valorem taxes may not exceed one-fourth of the assessed value of the
174	174	real property in the district.
175	175	SECTION 2. The Montgomery County Municipal Utility District
176	176	No. 106 initially includes all the territory contained in the
177	177	following area:
178	178	A TRACT OR PARCEL CONTAINING 700.9211 ACRES (30,532,123
179	179	SQUARE FEET) OF LAND IN MONTGOMERY COUNTY, TEXAS, BEING THE
180	180	COMBINATION OF 4 SEPARATE TRACTS, TRACT 1 CONTAINING 653.586 ACRES
181	181	BEING ALL OF THE DAVID DAVIS SURVEY, A-184, PATENT NO. 866, VOLUME
182	182	5, TRACT 2 CONTAINING 4.0966 ACRES OUT OF THE SAMUEL V. LAMOTHE
183	183	SURVEY, A-333, BEING PART OF A TRACT DESCRIBED IN VOLUME 284, PAGE
184	184	452 OF THE MONTGOMERY COUNTY DEED RECORDS, TRACT 3 CONTAINING
185	185	10.9542 ACRES IN THE SAMUEL V. LAMOTHE SURVEY, A-333 OUT OF A CALLED
186	186	117.898 ACRE TRACT DESCRIBED IN VOLUME 1032, PAGE 107 OF THE
187	187	MONTGOMERY COUNTY DEED RECORDS, TRACT 4 CONTAINING 32.2812 ACRES IN
188	188	THE E. H. YEISER SURVEY, A-73I, BEING THE RESIDUE OF A CALLED 34.001
189	189	ACRE TRACT DESCRIBED IN VOLUME 1087, PAGE 571 OF THE MONTGOMERY
190	190	COUNTY DEED RECORDS, SAID 700.9211 ACRE OVERALL TRACT BEING MORE
191	191	PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
192	192	BEGINNING AT A BRASS DISK IN CONCRETE STAMPED "FLC" FOR THE
193	193	SOUTHWEST CORNER OF SAID DAVID DAVIS SURVEY AND ON THE COMMON EAST
194	194	LINE OF THE JOHN OWENS SURVEY, A-403, AND BEING THE COMMON NORTHWEST
195	195	CORNER OF THE W. B. JACKSON SURVEY, A-293, AND BEING THE NORTHWEST
196	196	CORNER OF SAID TRACT 1;
197	197	THENCE NORTH 03 DEGREES 46 MINUTES 16 SECONDS WEST, ALONG THE
198	198	COMMON LINE OF THE SAID DAVID DAVIS SURVEY AND THE JOHN OWENS
199	199	SURVEY, A-403 AND THE WEST LINE OF TRACT 3 A DISTANCE OF 5368.89
200	200	FEET TO THE NORTHWEST CORNER OF THE DAVID DAVIS SURVEY AND THE
201	201	NORTHWEST CORNER OF TRACT 1;
202	202	THENCE NORTH 86 DEGREES 50 MINUTES 25 SECONDS EAST, ALONG THE
203	203	NORTH LINE OF THE SAID DAVID DAVIS SURVEY AND THE NORTH LINE OF
204	204	TRACT 3 A DISTANCE OF 4774.71 FEET TO THE SOUTHWEST CORNER OF SAID
205	205	TRACT 3;
206	206	THENCE NORTH 03 DEGREES 11 MINUTES 52 SECONDS WEST, ALONG THE
207	207	SOUTHERLY WEST LINE OF SAID TRACT 3 A DISTANCE OF 1014.10 FEET TO
208	208	THE SOUTHERLY NORTHWEST CORNER OF SAID TRACT 3;
209	209	THENCE 86 DEGREES 51 MINUTES 06 SECONDS EAST, A DISTANCE OF
210	210	364.39 FEET TO AN INTERIOR ANGLE OF SAID TRACT 3;
211	211	THENCE NORTH 03 DEGREES 10 MINUTES 22 SECONDS WEST, A
212	212	DISTANCE OF 830.13 FEET TO THE SOUTH LINE OF FM HIGHWAY 1314 FOR THE
213	213	NORTHWEST CORNER OF SAID TRACT 3;
214	214	THENCE SOUTH 65 DEGREES 15 MINUTES 16 SECONDS EAST, ALONG THE
215	215	SOUTHWEST LINE OF SAID FM HIGHWAY 1314 A DISTANCE OF 66.42 FEET TO
216	216	AN ANGLE POINT AT THE COMMON NORTH CORNER OF TRACTS 2 AND 3;
217	217	THENCE SOUTH 66 DEGREES 27 MINUTES 58 SECONDS EAST, ALONG THE
218	218	SOUTHWEST LINE OF FM HIGHWAY 1314 A DISTANCE OF 111.87 FEET TO THE
219	219	NORTHEAST CORNER OF TRACT 2;
220	220	THENCE SOUTH 03 DEGREES 11 MINUTES 05 SECONDS EAST, ALONG THE
221	221	EAST LINE OF TRACT 2 A DISTANCE OF 1762.81 FEET TO THE SOUTHEAST
222	222	CORNER OF TRACT 2 AND THE NORTHEAST CORNER OF TRACT 1;
223	223	THENCE SOUTH 03 DEGREES 10 MINUTES 13 SECONDS EAST, ALONG THE
224	224	EAST LINE OF TRACT 1 A DISTANCE OF 765.44 FEET TO THE NORTHWEST
225	225	CORNER OF TRACT 4;
226	226	THENCE NORTH 82 DEGREES 35 MINUTES 32 SECONDS EAST, ALONG THE
227	227	NORTH LINE OF TRACT 4 A DISTANCE OF 2206.07 FEET TO A 5/8 INCH IRON
228	228	ROD SET IN THE WEST LINE OF FM HIGHWAY 1314 FOR THE NORTHEAST CORNER
229	229	OF SAID TRACT 4;
230	230	THENCE IN A SOUTHEASTERLY DIRECTION WITH THE WEST LINE OF FM
231	231	HIGHWAY 1314 ALONG A NON TANGENT CURVE TO THE RIGHT HAVING A RADIUS
232	232	OF 2211.83, AN INTERIOR ANGLE OF 18 DEGREES 47 MINUTES 23 SECONDS, A
233	233	LENGTH OF 725.35 FEET, AND A CHORD BEARING SOUTH 22 DEGREES 54
234	234	MINUTES 36 SECONDS EAST, 722.10 FEET TO A BRASS DISK FOUND FOR THE
235	235	SOUTHEAST CORNER OF TRACT 4;
236	236	THENCE SOUTH 87 DEGREES 12 MINUTES 13 SECONDS WEST, ALONG THE
237	237	SOUTH LINE OF TRACT 4 A DISTANCE OF 776.31 FEET TO AN ANGLE POINT IN
238	238	THE SOUTH LINE OF SAID TRACT 4;
239	239	THENCE SOUTH 86 DEGREES 41 MINUTES 12 SECONDS WEST,
240	240	CONTINUING ALONG THE SOUTH LINE OF SAID TRACT 4 A DISTANCE OF
241	241	1667.81 FEET TO A BRASS DISK FOUND IN THE EAST LINE OF TRACT 1 FOR
242	242	THE SOUTHWEST CORNER OF SAID TRACT4;
243	243	THENCE SOUTH 03 DEGREES 49 MINUTES 04 SECONDS EAST, ALONG THE
244	244	EAST LINE OF TRACT 1 A DISTANCE OF 4120.26 FEET TO THE SOUTHEAST
245	245	CORNER OF TRACT 1;
246	246	THENCE SOUTH 87 DEGREES 11 MINUTES 35 SECONDS WEST, ALONG THE
247	247	SOUTH LINE OF TRACT 1 A DISTANCE OF 5288.02 FEET TO THE POINT OF
248	248	BEGINNING AND CONTAINING 700.9211 ACRES OF LAND, MORE OR LESS.
249	249	SECTION 3. (a) The legal notice of the intention to
250	250	introduce this Act, setting forth the general substance of this
251	251	Act, has been published as provided by law, and the notice and a
252	252	copy of this Act have been furnished to all persons, agencies,
253	253	officials, or entities to which they are required to be furnished
254	254	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
255	255	Government Code.
256	256	(b) The governor, one of the required recipients, has
257	257	submitted the notice and Act to the Texas Commission on
258	258	Environmental Quality.
259	259	(c) The Texas Commission on Environmental Quality has filed
260	260	its recommendations relating to this Act with the governor, the
261	261	lieutenant governor, and the speaker of the house of
262	262	representatives within the required time.
263	263	(d) All requirements of the constitution and laws of this
264	264	state and the rules and procedures of the legislature with respect
265	265	to the notice, introduction, and passage of this Act are fulfilled
266	266	and accomplished.
267	267	SECTION 4. (a) If this Act does not receive a two-thirds
268	268	vote of all the members elected to each house, Subchapter C, Chapter
269	269	8420, Special District Local Laws Code, as added by Section 1 of
270	270	this Act, is amended by adding Section 8420.106 to read as follows:
271	271	Sec. 8420.106. NO EMINENT DOMAIN POWER. The district may
272	272	not exercise the power of eminent domain.
273	273	(b) This section is not intended to be an expression of a
274	274	legislative interpretation of the requirements of Section 17(c),
275	275	Article I, Texas Constitution.
276	276	SECTION 5. Except as provided by Section 4 of this Act:
277	277	(1) this Act takes effect immediately if it receives a
278	278	vote of two-thirds of all the members elected to each house, as
279	279	provided by Section 39, Article III, Texas Constitution; and
280	280	(2) if this Act does not receive the vote necessary for
281	281	immediate effect, this Act takes effect September 1, 2013.
282	282	* * * * *