Texas 2013 - 83rd Regular

Texas House Bill HB1587 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: Creighton (Senate Sponsor - Williams) H.B. No. 1587
2	2	(In the Senate - Received from the House May 17, 2013;
3	3	May 17, 2013, read first time and referred to Committee on
4	4	Administration; May 20, 2013, reported favorably by the following
5	5	vote: Yeas 5, Nays 0; May 20, 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. 134; granting a limited power of eminent domain;
12	12	providing authority to issue bonds; providing authority to impose
13	13	assessments, fees, or 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 8458 to read as follows:
17	17	CHAPTER 8458. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 134
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	Sec. 8458.001. 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. 134.
26	26	Sec. 8458.002. 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. 8458.003. 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. 8458.004. CONSENT OF MUNICIPALITY REQUIRED. The
34	34	temporary directors may not hold an election under Section 8458.003
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. 8458.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
40	40	(a) 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. 8458.006. 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. 8458.051. 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 8458.052, directors serve
65	65	staggered four-year terms.
66	66	Sec. 8458.052. 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 8458.003; 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 8458.003 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 8458.003; 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. 8458.101. 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. 8458.102. 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. 8458.103. 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. 8458.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
110	110	road project must meet all applicable construction standards,
111	111	zoning and subdivision requirements, and regulations of each
112	112	municipality in whose corporate limits or extraterritorial
113	113	jurisdiction the road 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. 8458.105. 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. 8458.151. ELECTIONS REGARDING TAXES OR BONDS. (a)
130	130	The 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 8458.153.
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. 8458.152. OPERATION AND MAINTENANCE TAX. (a) If
143	143	authorized at an election held under Section 8458.151, 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. 8458.153. 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. 8458.201. 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. 8458.202. 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. 8458.203. 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. 134 initially includes all the territory contained in the
177	177	following area:
178	178	Being 314.858 acres of land located in the Martin P. Clark
179	179	Survey, Abstract Number 148, Montgomery County, Texas, being a part
180	180	of the Foster Clark Tract and all of the Foster Buchanan Tract
181	181	described in the Development Agreement of record under File Number
182	182	2010019564 in the Official Public Records of Montgomery County,
183	183	Texas (M.C.O.P.R.) and being all of that certain called 1.3004 acre
184	184	tract conveyed to Foster Timber, Ltd. by the instrument of record
185	185	under File Number 2010076447, M.C.O.P.R., said 314.858 acres being
186	186	more particularly described by metes and bounds as follows, all
187	187	bearings are referenced to the Silver City Colored Subdivision, a
188	188	subdivision of record in Volume 5, Page 7 of the Map Records of
189	189	Montgomery County, Texas (M.C.M.R.):
190	190	COMMENCING at the northeast corner of the Foster Collard Area
191	191	Tract 2 as described in said Development Agreement on the west line
192	192	of said Foster Clark Tract, same being the common line between said
193	193	Collard and Clark Surveys;
194	194	Thence, North 15° 00' 00" East, along said west line, 4,616.66
195	195	feet to the POINT OF BEGINNING of the herein described tract;
196	196	Thence, North 15° 00' 00" East, continuing along said west
197	197	line, 1,582.74 feet to a point for the northwest corner of the
198	198	herein described tract, same being the northwest corner of said
199	199	Foster Clark tract and being the most southerly west corner of the
200	200	J. Buchanan Survey, Abstract Number 100 and the most northerly west
201	201	corner of the aforementioned Clark Survey;
202	202	Thence, South 75° 00' 00" East, along the north line of said
203	203	Foster Clark Tract, same being the common line between said
204	204	Buchanan and Clark surveys, 5,017.27 feet to a point for corner
205	205	being the southwest corner of the aforementioned 1.3004 acre tract;
206	206	Thence, North 18° 18' 49" East, along the west line of said
207	207	1.3004 acre tract, 635.73 feet to a point for the northwest corner
208	208	of said 1.3004 acre tract on the arc of a non-tangent curve to the
209	209	left having a radius of 3,883.43 feet and being on the south line of
210	210	F.M. 830;
211	211	Thence, along said south line, the north line of said 1.3004
212	212	acre tract and the arc of said curve, passing the common north
213	213	corner of said 1.3004 acre tract and the aforementioned Foster
214	214	Buchanan Tract at 91.09 feet, continuing along the north line of
215	215	said Foster Buchanan Tract and said curve, through a central angle
216	216	of 20° 43' 54", a total arc length of 1,405.16 feet, and a chord that
217	217	bears South 80° 42' 30" East, 1,397.50 feet to the northeast corner
218	218	of said Foster Buchanan Tract at the end of said curve;
219	219	Thence, North 88° 59' 13" East, continuing along said south
220	220	line and the north line of said Foster Buchanan Tract, 149.82 feet
221	221	to a point for the northeast corner of the herein described tract,
222	222	same being the northeast corner of said Foster Buchanan Tract on the
223	223	common survey line between the aforementioned Buchanan Survey and
224	224	the F. K. Henderson Survey, Abstract Number 248, also being the
225	225	northwest corner of Panorama Hiwon Section Three, a subdivision of
226	226	record in Volume 9, Page 15, M.C.M.R.;
227	227	Thence, South 15° 00' 00" West, along said common survey line
228	228	and the west line of said Panorama Hiwon Section Three, Panorama
229	229	Hiwon Section Two in Volume 8, Page 31, M.C.M.R., Panorama Hiwon
230	230	Section One in Volume 8, Page 29, M.C.M.R. and Panorama Quail Creek
231	231	Section One in Volume 7, Page 329, M.C.M.R., 3,034.44 feet to a
232	232	point for the southeast corner of the herein described tract, same
233	233	being the most southerly northeast corner of the aforementioned
234	234	Foster Clark Tract;
235	235	Thence, North 75° 00' 00" West, along a southerly line of the
236	236	said Foster Clark Tract, 3,536.10 feet to a point for corner;
237	237	Thence, South 10° 00' 00" West, along an easterly line of said
238	238	Foster Clark Tract, 289.46 feet to a point for corner;
239	239	Thence, over and across said Foster Clark Tract the following
240	240	four (4) courses;
241	241	1) North 27° 18' 48" West, 2,162.16 feet to a point for
242	242	corner;
243	243	2) South 50° 44' 32" West, 880.76 feet to a point for corner,
244	244	the beginning of a non-tangent curve to the left;
245	245	3) Along the arc of said curve to the left having a radius of
246	246	500.00 feet, a central angle of 31° 45' 29", an arc length of 277.14
247	247	feet, and a chord that bears North 61° 27' 52" West, 273.61 feet to a
248	248	point for corner at the end of said curve;
249	249	4) North 76° 33' 47" West, 842.01 feet to the POINT OF
250	250	BEGINNING and containing 314.858 acres of land.
251	251	SECTION 3. (a) The legal notice of the intention to
252	252	introduce this Act, setting forth the general substance of this
253	253	Act, has been published as provided by law, and the notice and a
254	254	copy of this Act have been furnished to all persons, agencies,
255	255	officials, or entities to which they are required to be furnished
256	256	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
257	257	Government Code.
258	258	(b) The governor, one of the required recipients, has
259	259	submitted the notice and Act to the Texas Commission on
260	260	Environmental Quality.
261	261	(c) The Texas Commission on Environmental Quality has filed
262	262	its recommendations relating to this Act with the governor, the
263	263	lieutenant governor, and the speaker of the house of
264	264	representatives within the required time.
265	265	(d) All requirements of the constitution and laws of this
266	266	state and the rules and procedures of the legislature with respect
267	267	to the notice, introduction, and passage of this Act are fulfilled
268	268	and accomplished.
269	269	SECTION 4. (a) If this Act does not receive a two-thirds
270	270	vote of all the members elected to each house, Subchapter C, Chapter
271	271	8458, Special District Local Laws Code, as added by Section 1 of
272	272	this Act, is amended by adding Section 8458.106 to read as follows:
273	273	Sec. 8458.106. NO EMINENT DOMAIN POWER. The district may
274	274	not exercise the power of eminent domain.
275	275	(b) This section is not intended to be an expression of a
276	276	legislative interpretation of the requirements of Section 17(c),
277	277	Article I, Texas Constitution.
278	278	SECTION 5. This Act takes effect immediately if it receives
279	279	a vote of two-thirds of all the members elected to each house, as
280	280	provided by Section 39, Article III, Texas Constitution. If this
281	281	Act does not receive the vote necessary for immediate effect, this
282	282	Act takes effect September 1, 2013.
283	283	* * * * *