Texas 2015 - 84th Regular

Texas House Bill HB4143 Compare Versions

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1	1	By: Keough H.B. No. 4143
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation of the Montgomery County Municipal Utility
7	7	District No. 152; granting a limited power of eminent domain;
8	8	providing authority to issue bonds; providing authority to impose
9	9	assessments, fees, and taxes.
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 7932 to read as follows:
13	13	CHAPTER 7932. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 152
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 7932.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(3) "Director" means a board member.
20	20	(4) "District" means the Montgomery County Municipal
21	21	Utility District No. 152.
22	22	Sec. 7932.002. NATURE OF DISTRICT. The district is a
23	23	municipal utility district created under Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 7932.003. CONFIRMATION AND DIRECTORS' ELECTION
26	26	REQUIRED. The temporary directors shall hold an election to
27	27	confirm the creation of the district and to elect five permanent
28	28	directors as provided by Section 49.102, Water Code.
29	29	Sec. 7932.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section 7932.003
31	31	until each municipality in whose corporate limits or
32	32	extraterritorial jurisdiction the district is located has
33	33	consented by ordinance or resolution to the creation of the
34	34	district and to the inclusion of land in the district.
35	35	Sec. 7932.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
36	36	The district is created to serve a public purpose and benefit.
37	37	(b) The district is created to accomplish the purposes of:
38	38	(1) a municipal utility district as provided by
39	39	general law and Section 59, Article XVI, Texas Constitution; and
40	40	(2) Section 52, Article III, Texas Constitution, that
41	41	relate to the construction, acquisition, improvement, operation,
42	42	or maintenance of macadamized, graveled, or paved roads, or
43	43	improvements, including storm drainage, in aid of those roads.
44	44	Sec. 7932.006. INITIAL DISTRICT TERRITORY. (a) The
45	45	district is initially composed of the territory described by
46	46	Section 2 of the Act enacting this chapter.
47	47	(b) The boundaries and field notes contained in Section 2 of
48	48	the Act enacting this chapter form a closure. A mistake made in the
49	49	field notes or in copying the field notes in the legislative process
50	50	does not affect the district's:
51	51	(1) organization, existence, or validity;
52	52	(2) right to issue any type of bond for the purposes
53	53	for which the district is created or to pay the principal of and
54	54	interest on a bond;
55	55	(3) right to impose a tax; or
56	56	(4) legality or operation.
57	57	SUBCHAPTER B. BOARD OF DIRECTORS
58	58	Sec. 7932.051. GOVERNING BODY; TERMS. (a) The district is
59	59	governed by a board of five elected directors.
60	60	(b) Except as provided by Section 7932.052, directors serve
61	61	staggered four-year terms.
62	62	Sec. 7932.052. TEMPORARY DIRECTORS. (a) On or after the
63	63	effective date of the Act enacting this chapter, the owner or owners
64	64	of a majority of the assessed value of the real property in the
65	65	district may submit a petition to the commission requesting that
66	66	the commission appoint as temporary directors the five persons
67	67	named in the petition. The commission shall appoint as temporary
68	68	directors the five persons named in the petition.
69	69	(b) Temporary directors serve until the earlier of:
70	70	(1) the date permanent directors are elected under
71	71	Section 7932.003; or
72	72	(2) the fourth anniversary of the effective date of
73	73	the Act enacting this chapter.
74	74	(c) If permanent directors have not been elected under
75	75	Section 7932.003 and the terms of the temporary directors have
76	76	expired, successor temporary directors shall be appointed or
77	77	reappointed as provided by Subsection (d) to serve terms that
78	78	expire on the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 7932.003; or
81	81	(2) the fourth anniversary of the date of the
82	82	appointment or reappointment.
83	83	(d) If Subsection (c) applies, the owner or owners of a
84	84	majority of the assessed value of the real property in the district
85	85	may submit a petition to the commission requesting that the
86	86	commission appoint as successor temporary directors the five
87	87	persons named in the petition. The commission shall appoint as
88	88	successor temporary directors the five persons named in the
89	89	petition.
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 7932.101. GENERAL POWERS AND DUTIES. The district has
92	92	the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 7932.102. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 7932.103. AUTHORITY FOR ROAD PROJECTS. Under Section
100	100	52, Article III, Texas Constitution, the district may design,
101	101	acquire, construct, finance, issue bonds for, improve, operate,
102	102	maintain, and convey to this state, a county, or a municipality for
103	103	operation and maintenance macadamized, graveled, or paved roads, or
104	104	improvements, including storm drainage, in aid of those roads.
105	105	Sec. 7932.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
106	106	project must meet all applicable construction standards, zoning and
107	107	subdivision requirements, and regulations of each municipality in
108	108	whose corporate limits or extraterritorial jurisdiction the road
109	109	project is located.
110	110	(b) If a road project is not located in the corporate limits
111	111	or extraterritorial jurisdiction of a municipality, the road
112	112	project must meet all applicable construction standards,
113	113	subdivision requirements, and regulations of each county in which
114	114	the road project is located.
115	115	(c) If the state will maintain and operate the road, the
116	116	Texas Transportation Commission must approve the plans and
117	117	specifications of the road project.
118	118	Sec. 7932.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
119	119	OR RESOLUTION. The district shall comply with all applicable
120	120	requirements of any ordinance or resolution that is adopted under
121	121	Section 54.016 or 54.0165, Water Code, and that consents to the
122	122	creation of the district or to the inclusion of land in the
123	123	district.
124	124	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
125	125	Sec. 7932.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
126	126	district may issue, without an election, bonds and other
127	127	obligations secured by:
128	128	(1) revenue other than ad valorem taxes; or
129	129	(2) contract payments described by Section 7932.153.
130	130	(b) The district must hold an election in the manner
131	131	provided by Chapters 49 and 54, Water Code, to obtain voter approval
132	132	before the district may impose an ad valorem tax or issue bonds
133	133	payable from ad valorem taxes.
134	134	(c) The district may not issue bonds payable from ad valorem
135	135	taxes to finance a road project unless the issuance is approved by a
136	136	vote of a two-thirds majority of the district voters voting at an
137	137	election held for that purpose.
138	138	Sec. 7932.152. OPERATION AND MAINTENANCE TAX. (a) If
139	139	authorized at an election held under Section 7932.151, the district
140	140	may impose an operation and maintenance tax on taxable property in
141	141	the district in accordance with Section 49.107, Water Code.
142	142	(b) The board shall determine the tax rate. The rate may not
143	143	exceed the rate approved at the election.
144	144	Sec. 7932.153. CONTRACT TAXES. (a) In accordance with
145	145	Section 49.108, Water Code, the district may impose a tax other than
146	146	an operation and maintenance tax and use the revenue derived from
147	147	the tax to make payments under a contract after the provisions of
148	148	the contract have been approved by a majority of the district voters
149	149	voting at an election held for that purpose.
150	150	(b) A contract approved by the district voters may contain a
151	151	provision stating that the contract may be modified or amended by
152	152	the board without further voter approval.
153	153	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	154	Sec. 7932.201. AUTHORITY TO ISSUE BONDS AND OTHER
155	155	OBLIGATIONS. The district may issue bonds or other obligations
156	156	payable wholly or partly from ad valorem taxes, impact fees,
157	157	revenue, contract payments, grants, or other district money, or any
158	158	combination of those sources, to pay for any authorized district
159	159	purpose.
160	160	Sec. 7932.202. TAXES FOR BONDS. At the time the district
161	161	issues bonds payable wholly or partly from ad valorem taxes, the
162	162	board shall provide for the annual imposition of a continuing
163	163	direct ad valorem tax, without limit as to rate or amount, while all
164	164	or part of the bonds are outstanding as required and in the manner
165	165	provided by Sections 54.601 and 54.602, Water Code.
166	166	Sec. 7932.203. BONDS FOR ROAD PROJECTS. At the time of
167	167	issuance, the total principal amount of bonds or other obligations
168	168	issued or incurred to finance road projects and payable from ad
169	169	valorem taxes may not exceed one-fourth of the assessed value of the
170	170	real property in the district.
171	171	SECTION 2. The Montgomery County Municipal Utility District
172	172	No. 152 initially includes all the territory contained in the
173	173	following area:
174	174	A METES & BOUNDS description of a certain 695.3 acre tract of
175	175	land situated in the Montgomery County School Land Survey, Abstract
176	176	No. 351, the T. F. Johnson Survey, Abstract No. 299 and the Timothy
177	177	O'Neil Survey, Abstract No. 406 in Montgomery County, Texas, being
178	178	comprised of a called 364.7 acre tract of land (First Tract) and a
179	179	called 330.6 acre tract of land (Second Tract) conveyed to Bell
180	180	Endeavors, Ltd. From Helen Hilliard Brame by Special Warranty Deed
181	181	recorded in Clerk's File No. 2004-021196 of the Montgomery County
182	182	Official Public Records of Real Property; said 695.3 acre tract
183	183	being more particularly described in Two (2) Tracts as follows with
184	184	all bearings being based on a call of South 51°30' West, along the
185	185	common lines of the First and Second Tracts;
186	186	TRACT 1: 364.7 acres, more or less, of land, of which 286.5
187	187	acres, more or less, lies in the Montgomery County School Land
188	188	Survey, Abstract No. 350, 69.2 acres, more or less, lies in the
189	189	Montgomery County School Land Survey, Abstract No. 351, 6.5 acres,
190	190	more or less, lies in the T. F. Johnson Survey, Abstract No. 299,
191	191	and 2.5 acres, more or less, lies in the Timothy O'Neil Survey,
192	192	Abstract No. 406, and being the same land as conveyed to Winnie
193	193	Helen Hilliard by partition deed dated July 20, 1957, recorded in
194	194	Volume 434, Page 441 of the Deed Records of Montgomery County,
195	195	Texas; said 364.7 acres, more or less, of land being more
196	196	particularly described as follows:
197	197	BEGINNING at the Southwest corner of the S. Richardson
198	198	Survey, Abstract No. 460 and the Northwest corner of the
199	199	T. F. Johnson Survey, the Eastern Southeast corner of the
200	200	Montgomery County School Land Survey, Abstract No. 350, a Northeast
201	201	intra corner of the Montgomery County School Land Survey, Abstract
202	202	No. 351, and being Corner No. 1 hereof;
203	203	THENCE, S 00°30' W, 199.3 feet to Corner No. 2 hereof at the
204	204	Southwest corner of the Blanche Bender tract of land;
205	205	THENCE, East, 746.4 feet to Corner No. 3 hereof and the
206	206	Second Corner of Tract 2 hereof;
207	207	THENCE, S 51°30' W, 2738 feet to Corner No. 4 hereof and
208	208	Corner No. 1 of said Tract Two hereof, also being in the Northern
209	209	boundary line of a 660 acre tract as conveyed to Winnifred Bender
210	210	Beaman by said partition deed recorded in Volume 434, Page 441 of
211	211	said Deed Records, and also being the Southeast corner of the Doris
212	212	Eugenia Vaughan tract as described in said partition deed;
213	213	THENCE, N 38°35' W, 6268.4 feet to Corner No. 5 hereof and the
214	214	Northeast corner of said Doris Eugenia Vaughan tract in the center
215	215	of the Scott-Herrin Road;
216	216	THENCE, N 47°30' E, 800.4 feet with said Road [Deed (Volume
217	217	434, Page 441) call of N 46°40' E, 759.2 feet] to Corner No. 6
218	218	hereof;
219	219	THENCE, N 70°06' E, 1110.0 feet continuing with said road
220	220	[Deed (Volume 434, Page 441) call of N 68°55' E, 1110 feet] to its
221	221	intersection with the old Bender Tram Line for Corner No. 7 hereof;
222	222	THENCE, S 57°27' E, with said old Tram, 4397 feet [Deed
223	223	(Volume 434, Page 441) call of S 57°12' E, 4397 feet] to Corner No. 8
224	224	hereof in the West boundary line of the S. Richardson Survey;
225	225	THENCE, S 01°12'39" W, 1549.45 feet [Deed (Clerk's File
226	226	No. 2004-021196) call South 01°13' W, 1549.6 feet] along the West
227	227	line of the S. Richardson Survey to the PLACE OF BEGINNING AND
228	228	CONTAINING within these bounds 364.7 acres, more or less, of land.
229	229	TRACT 2: 330.6 acres, more or less, of land, of which 110.5
230	230	acres, more or less, lies in the Montgomery County School Land
231	231	Survey, Abstract No. 351, and 220.1 acres, more or less, lies in the
232	232	T. F. Johnson Survey, Abstract No. 299, and being the same land as
233	233	conveyed to Winnie Helen Hilliard by deed dated August 3, 1967,
234	234	recorded in Volume 646, Page 935 of the Montgomery County Deed
235	235	Records; said 330.6 acres, more or less, of land being more
236	236	particularly described as follows:
237	237	BEGINNING at Corner No. 4 of the Tract 1 herein, and Corner
238	238	No. 1 hereof;
239	239	THENCE, N 51°30' E, 2738.0 feet to a point for corner in the
240	240	Southern boundary line of said Blanche Bender tract for Corner
241	241	No. 2;
242	242	THENCE, East, 1009.6 feet with the Southern boundary line of
243	243	said Blanche Bender tract to Corner No. 3 hereof on the Western edge
244	244	of the Old Bender Tram Line;
245	245	THENCE, S 28°02' E, with said old Tram and/or road, 4024 feet
246	246	[Deed (Volume 434, Page 441) call of S 28°50' E, 3966.4 feet] to
247	247	Corner No. 4 hereof, on the Western side of said road, and being a
248	248	most Eastern corner of the Doris E. Vaughan 330 acres as described
249	249	in a deed recorded in Volume 646, Page 933 of said Deed Records;
250	250	THENCE, S 52°43' W, 2797.2 feet, [Deed (Volume 434, Page 441)
251	251	call of S 53° W, 2797.2 feet] to Corner No. 5 hereof and being a
252	252	re-entrant corner of the Doris E. Vaughan 330 acre tract;
253	253	THENCE, S 38°30'25" W, 4526.14 feet [Deed (Clerk's File
254	254	No. 2004-021196) call N 38°30' W, 4525.7 feet] to the PLACE OF
255	255	BEGINNING AND CONTAINING within these bounds 330.6 acres, more or
256	256	less, of land for a total of 695.3 acres in Montgomery County,
257	257	Texas.
258	258	SECTION 3. (a) The legal notice of the intention to
259	259	introduce this Act, setting forth the general substance of this
260	260	Act, has been published as provided by law, and the notice and a
261	261	copy of this Act have been furnished to all persons, agencies,
262	262	officials, or entities to which they are required to be furnished
263	263	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
264	264	Government Code.
265	265	(b) The governor, one of the required recipients, has
266	266	submitted the notice and Act to the Texas Commission on
267	267	Environmental Quality.
268	268	(c) The Texas Commission on Environmental Quality has filed
269	269	its recommendations relating to this Act with the governor, the
270	270	lieutenant governor, and the speaker of the house of
271	271	representatives within the required time.
272	272	(d) All requirements of the constitution and laws of this
273	273	state and the rules and procedures of the legislature with respect
274	274	to the notice, introduction, and passage of this Act are fulfilled
275	275	and accomplished.
276	276	SECTION 4. (a) If this Act does not receive a two-thirds
277	277	vote of all the members elected to each house, Subchapter C, Chapter
278	278	7932, Special District Local Laws Code, as added by Section 1 of
279	279	this Act, is amended by adding Section 7932.106 to read as follows:
280	280	Sec. 7932.106. NO EMINENT DOMAIN POWER. The district may
281	281	not exercise the power of eminent domain.
282	282	(b) This section is not intended to be an expression of a
283	283	legislative interpretation of the requirements of Section 17(c),
284	284	Article I, Texas Constitution.
285	285	SECTION 5. This Act takes effect immediately if it receives
286	286	a vote of two-thirds of all the members elected to each house, as
287	287	provided by Section 39, Article III, Texas Constitution. If this
288	288	Act does not receive the vote necessary for immediate effect, this
289	289	Act takes effect September 1, 2015.