Texas 2013 - 83rd Regular

Texas Senate Bill SB1266 Compare Versions

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1	1	By: Nichols S.B. No. 1266
2	2	(Creighton)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Montgomery County Municipal Utility
8	8	District No. 135; providing authority to impose a tax and issue
9	9	bonds; granting a limited power of eminent domain.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8423 to read as follows:
13	13	CHAPTER 8423. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
14	14	NO. 135
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8423.001. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Montgomery County Municipal
22	22	Utility District No. 135.
23	23	Sec. 8423.002. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 8423.003. CONFIRMATION AND DIRECTORS' ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 8423.004. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section 8423.003
32	32	until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 8423.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 8423.006. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 8423.051. GOVERNING BODY; TERMS. (a) The district is
60	60	governed by a board of five elected directors.
61	61	(b) Except as provided by Section 8423.052, directors serve
62	62	staggered four-year terms.
63	63	Sec. 8423.052. TEMPORARY DIRECTORS. (a) On or after the
64	64	effective date of the Act enacting this chapter, the owner or owners
65	65	of a majority of the assessed value of the real property in the
66	66	district may submit a petition to the commission requesting that
67	67	the commission appoint as temporary directors the five persons
68	68	named in the petition. The commission shall appoint as temporary
69	69	directors the five persons named in the petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8423.003; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act enacting this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 8423.003 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 8423.003; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 8423.101. GENERAL POWERS AND DUTIES. The district has
93	93	the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 8423.102. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 8423.103. AUTHORITY FOR ROAD PROJECTS. Under Section
101	101	52, Article III, Texas Constitution, the district may design,
102	102	acquire, construct, finance, issue bonds for, improve, operate,
103	103	maintain, and convey to this state, a county, or a municipality for
104	104	operation and maintenance macadamized, graveled, or paved roads, or
105	105	improvements, including storm drainage, in aid of those roads.
106	106	Sec. 8423.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	107	road project must meet all applicable construction standards,
108	108	zoning and subdivision requirements, and regulations of each
109	109	municipality in whose corporate limits or extraterritorial
110	110	jurisdiction the road project is located.
111	111	(b) If a road project is not located in the corporate limits
112	112	or extraterritorial jurisdiction of a municipality, the road
113	113	project must meet all applicable construction standards, zoning and
114	114	subdivision requirements, and regulations of each county in which
115	115	the road project is located.
116	116	(c) If the state will maintain and operate the road, the
117	117	Texas Transportation Commission must approve the plans and
118	118	specifications of the road project.
119	119	Sec. 8423.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
120	120	OR RESOLUTION. The district shall comply with all applicable
121	121	requirements of any ordinance or resolution that is adopted under
122	122	Section 54.016 or 54.0165, Water Code, and that consents to the
123	123	creation of the district or to the inclusion of land in the
124	124	district.
125	125	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	126	Sec. 8423.151. ELECTIONS REGARDING TAXES OR BONDS.
127	127	(a) The district may issue, without an election, bonds and other
128	128	obligations secured by:
129	129	(1) revenue other than ad valorem taxes; or
130	130	(2) contract payments described by Section 8423.153.
131	131	(b) The district must hold an election in the manner
132	132	provided by Chapters 49 and 54, Water Code, to obtain voter approval
133	133	before the district may impose an ad valorem tax or issue bonds
134	134	payable from ad valorem taxes.
135	135	(c) The district may not issue bonds payable from ad valorem
136	136	taxes to finance a road project unless the issuance is approved by a
137	137	vote of a two-thirds majority of the district voters voting at an
138	138	election held for that purpose.
139	139	Sec. 8423.152. OPERATION AND MAINTENANCE TAX. (a) If
140	140	authorized at an election held under Section 8423.151, the district
141	141	may impose an operation and maintenance tax on taxable property in
142	142	the district in accordance with Section 49.107, Water Code.
143	143	(b) The board shall determine the tax rate. The rate may not
144	144	exceed the rate approved at the election.
145	145	Sec. 8423.153. CONTRACT TAXES. (a) In accordance with
146	146	Section 49.108, Water Code, the district may impose a tax other than
147	147	an operation and maintenance tax and use the revenue derived from
148	148	the tax to make payments under a contract after the provisions of
149	149	the contract have been approved by a majority of the district voters
150	150	voting at an election held for that purpose.
151	151	(b) A contract approved by the district voters may contain a
152	152	provision stating that the contract may be modified or amended by
153	153	the board without further voter approval.
154	154	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
155	155	Sec. 8423.201. AUTHORITY TO ISSUE BONDS AND OTHER
156	156	OBLIGATIONS. The district may issue bonds or other obligations
157	157	payable wholly or partly from ad valorem taxes, impact fees,
158	158	revenue, contract payments, grants, or other district money, or any
159	159	combination of those sources, to pay for any authorized district
160	160	purpose.
161	161	Sec. 8423.202. TAXES FOR BONDS. At the time the district
162	162	issues bonds payable wholly or partly from ad valorem taxes, the
163	163	board shall provide for the annual imposition of a continuing
164	164	direct ad valorem tax, without limit as to rate or amount, while all
165	165	or part of the bonds are outstanding as required and in the manner
166	166	provided by Sections 54.601 and 54.602, Water Code.
167	167	Sec. 8423.203. BONDS FOR ROAD PROJECTS. At the time of
168	168	issuance, the total principal amount of bonds or other obligations
169	169	issued or incurred to finance road projects and payable from ad
170	170	valorem taxes may not exceed one-fourth of the assessed value of the
171	171	real property in the district.
172	172	SECTION 2. The Montgomery County Municipal Utility District
173	173	No. 135 initially includes all the territory contained in the
174	174	following area:
175	175	Being 412.541 acres of land located in the Abraham Pevehouse
176	176	Survey, Abstract Number 423, Montgomery County, Texas, being part
177	177	of a called 633.7 acres of land described as Tract 1 out of Part 2,
178	178	Montgomery County, Texas by the document of record under File
179	179	Number 9509572 in the Official Public Records of Real Property of
180	180	Montgomery County, Texas, said 412.541 acres being more
181	181	particularly described by metes and bounds in two parts as follows:
182	182	EAST PEVEHOUSE - 214.740 ACRES
183	183	BEGINNING at a point on the north line of F.M. 1097;
184	184	Thence, North 90° 00' 00" West, 180.70 feet to a point for
185	185	corner;
186	186	Thence, North 00° 00' 00" East, 738.09 feet to a point for
187	187	corner;
188	188	Thence, North 90° 00' 00" West, 1476.19 feet to a point for
189	189	corner;
190	190	Thence, North 00° 00' 00" East, 738.09 feet to a point for
191	191	corner;
192	192	Thence, North 90° 00' 00" East, 530.98 feet to a point for
193	193	corner;
194	194	Thence, North 00° 00' 00" East, 783.96 feet to a point for
195	195	corner;
196	196	Thence, North 90° 00' 00" East, 722.81 feet to a point for
197	197	corner;
198	198	Thence, North 00° 00' 00" East, 2,001.60 feet to a point for
199	199	corner;
200	200	Thence, North 90° 00' 00" East, 2,427.82 feet to a point for
201	201	corner;
202	202	Thence, South 20° 18' 48" East, 1,379.31 feet to a point for
203	203	corner;
204	204	Thence, North 90° 00' 00" West, 971.86 feet to a point for
205	205	corner;
206	206	Thence, South 27° 55' 10" West, 801.34 feet to a point for
207	207	corner;
208	208	Thence, South 00° 00' 00" East, 2,260.14 feet to a point for
209	209	corner;
210	210	Thence, North 90° 00' 00" West, 563.51 feet to a point for
211	211	corner;
212	212	Thence, North 32° 52' 02" West, 477.93 feet to a point for
213	213	corner;
214	214	Thence, North 90° 00' 00" West, 333.60 feet to a point for
215	215	corner;
216	216	Thence, South 00° 00' 00" West, 401.43 feet to the POINT OF
217	217	BEGINNING and containing 214.740 acres of land.
218	218	WEST PEVEHOUSE - 197.801 ACRES
219	219	BEGINNING at a point on the north line of F.M. 1097;
220	220	Thence, North 90° 00' 00" West, 1,223.20 feet to a point for
221	221	corner;
222	222	Thence, North 00° 00' 00" East, 1,895.96 feet to a point for
223	223	corner;
224	224	Thence, North 90° 00' 00" West, 2,037.74 feet to a point for
225	225	corner;
226	226	Thence, North 00° 00' 00" East, 2,335.20 feet to a point for
227	227	corner;
228	228	Thence, North 90° 00' 00" East, 2,641.00 feet to a point for
229	229	corner;
230	230	Thence, South 00° 00' 00" East, 1,807.00 feet to a point for
231	231	corner;
232	232	Thence, North 90° 00' 00" East, 411.44 feet to a point for
233	233	corner;
234	234	Thence, South 00° 00' 00" East, 947.98 feet to a point for
235	235	corner;
236	236	Thence, North 90° 00' 00" East, 208.50 feet to a point for
237	237	corner;
238	238	Thence, South 00° 00' 00" East, 1,476.18 feet to the POINT OF
239	239	BEGINNING and containing 197.801 acres of land.
240	240	The EAST PEVEHOUSE and the WEST PEVEHOUSE tracts contain a
241	241	total of 412.541 acres.
242	242	SECTION 3. (a) The legal notice of the intention to
243	243	introduce this Act, setting forth the general substance of this
244	244	Act, has been published as provided by law, and the notice and a
245	245	copy of this Act have been furnished to all persons, agencies,
246	246	officials, or entities to which they are required to be furnished
247	247	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
248	248	Government Code.
249	249	(b) The governor, one of the required recipients, has
250	250	submitted the notice and Act to the Texas Commission on
251	251	Environmental Quality.
252	252	(c) The Texas Commission on Environmental Quality has filed
253	253	its recommendations relating to this Act with the governor, the
254	254	lieutenant governor, and the speaker of the house of
255	255	representatives within the required time.
256	256	(d) All requirements of the constitution and laws of this
257	257	state and the rules and procedures of the legislature with respect
258	258	to the notice, introduction, and passage of this Act are fulfilled
259	259	and accomplished.
260	260	SECTION 4. (a) If this Act does not receive a two-thirds
261	261	vote of all the members elected to each house, Subchapter C, Chapter
262	262	8423, Special District Local Laws Code, as added by Section 1 of
263	263	this Act, is amended by adding Section 8423.106 to read as follows:
264	264	Sec. 8423.106. NO EMINENT DOMAIN POWER. The district may
265	265	not exercise the power of eminent domain.
266	266	(b) This section is not intended to be an expression of a
267	267	legislative interpretation of the requirements of Subsection (c),
268	268	Section 17, Article I, Texas Constitution.
269	269	SECTION 5. Except as provided by Section 4 of this Act:
270	270	(1) this Act takes effect immediately if it receives a
271	271	vote of two-thirds of all the members elected to each house, as
272	272	provided by Section 39, Article III, Texas Constitution; and
273	273	(2) if this Act does not receive the vote necessary for
274	274	immediate effect, this Act takes effect September 1, 2013.