H.B. No. 4154
AN ACT
relating to the creation of the Grand Lake Estates Management
District and the Montgomery County Municipal Utility District
No. 152, and to the boundaries of the Harris County Municipal
Utility District No. 465; providing authority to issue bonds;
providing authority to impose assessments, fees, or taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3938 to read as follows:
CHAPTER 3938. GRAND LAKE ESTATES MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3938.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "County" means Montgomery County.
(3) "Director" means a board member.
(4) "District" means the Grand Lake Estates Management
District.
Sec. 3938.002. CREATION AND NATURE OF DISTRICT. The
district is a special district created under Section 59, Article
XVI, Texas Constitution.
Sec. 3938.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
creation of the district is essential to accomplish the purposes of
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution, and other public purposes stated in this
chapter. By creating the district and in authorizing political
subdivisions to contract with the district, the legislature has
established a program to accomplish the public purposes set out in
Section 52-a, Article III, Texas Constitution.
(b) The creation of the district is necessary to promote,
develop, encourage, and maintain employment, commerce,
transportation, housing, tourism, recreation, the arts,
entertainment, economic development, safety, and the public
welfare in the district.
(c) The district is created to supplement and not to
supplant county services provided in the district.
Sec. 3938.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
The district is created to serve a public use and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The creation of the district is in the public interest
and is essential to further the public purposes of:
(1) developing and diversifying the economy of the
state;
(2) eliminating unemployment and underemployment;
(3) developing or expanding transportation and
commerce; and
(4) providing quality residential housing.
(d) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a residential community and business
center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping,
removing graffiti from, and developing certain areas in the
district, which are necessary for the restoration, preservation,
and enhancement of scenic beauty.
(e) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, vehicle parking, and street art objects are parts of
and necessary components of a street and are considered to be an
improvement project that includes a street or road improvement.
(f) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3938.005. DISTRICT TERRITORY. (a) The district is
initially composed of the territory described by Section 2 of the
Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose or collect an assessment or tax; or
(4) legality or operation.
Sec. 3938.006. APPLICABILITY OF MUNICIPAL MANAGEMENT
DISTRICTS LAW. Except as otherwise provided by this chapter,
Chapter 375, Local Government Code, applies to the district.
Sec. 3938.007. CONSTRUCTION OF CHAPTER. This chapter shall
be liberally construed in conformity with the findings and purposes
stated in this chapter.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3938.051. GOVERNING BODY; TERMS. The district is
governed by a board of five voting directors who serve staggered
terms of four years with two or three directors' terms expiring June
1 of each odd-numbered year.
Sec. 3938.052. QUALIFICATIONS OF DIRECTORS APPOINTED BY
COUNTY. To be qualified to serve as a director appointed by the
governing body of the county, a person must be:
(1) a resident of the district who is also a registered
voter of the district;
(2) an owner of property in the district;
(3) an owner of stock or a partnership or membership
interest, whether beneficial or otherwise, of a corporate
partnership, limited liability company, or other entity owner of a
direct or indirect interest in property in the district;
(4) an owner of a beneficial interest in a trust, or a
trustee in a trust, that directly or indirectly owns property in the
district;
(5) an agent, employee, or tenant of a person
described by Subdivision (2), (3), or (4); or
(6) an initial director.
Sec. 3938.053. APPOINTMENT OF DIRECTORS. The governing
body of the county shall appoint directors from persons recommended
by the board.
Sec. 3938.054. VACANCY. If a vacancy occurs on the board,
the remaining directors shall appoint a director for the remainder
of the unexpired term.
Sec. 3938.055. DIRECTOR'S OATH OR AFFIRMATION. (a) A
director shall file the director's oath or affirmation of office
with the district, and the district shall retain the oath or
affirmation in the district records.
(b) A director shall file a copy of the director's oath or
affirmation with the clerk of the county.
Sec. 3938.056. QUORUM. A vacant director position is not
counted for purposes of establishing a quorum.
Sec. 3938.057. OFFICERS. The board shall elect from among
the directors a chair, a vice chair, and a secretary. The offices
of chair and secretary may not be held by the same person.
Sec. 3938.058. COMPENSATION; EXPENSES. (a) The district
may compensate each director in an amount not to exceed $50 for each
board meeting. The total amount of compensation a director may
receive each year may not exceed $2,000.
(b) A director is entitled to reimbursement for necessary
and reasonable expenses incurred in carrying out the duties and
responsibilities of the board.
Sec. 3938.059. LIABILITY INSURANCE. The district may obtain
and pay for comprehensive general liability insurance coverage from
a commercial insurance company or other source that protects and
insures a director against personal liability and from all claims
relating to:
(1) actions taken by the director in the director's
capacity as a member of the board;
(2) actions and activities taken by the district; or
(3) the actions of others acting on behalf of the
district.
Sec. 3938.060. NO EXECUTIVE COMMITTEE. The board may not
create an executive committee to exercise the powers of the board.
Sec. 3938.061. BOARD MEETINGS. The board shall hold
meetings at a place accessible to the public.
Sec. 3938.062. INITIAL DIRECTORS. (a) The initial board
consists of:
Pos. No. Name of Director Pos. No. Name of Director
Pos. No. Name of Director
1 Collin Nguyen 1 Collin Nguyen
1 Collin Nguyen
2 Laura Dodson 2 Laura Dodson
2 Laura Dodson
3 Roger Stacey 3 Roger Stacey
3 Roger Stacey
4 Amanda James 4 Amanda James
4 Amanda James
5 Joe Teagarden 5 Joe Teagarden
5 Joe Teagarden
(b) The terms of the initial directors expire June 1, 2017.
(c) Of the directors who replace an initial director, the
terms of directors serving in positions 1 through 3 expire June 1,
2019, and the terms of directors serving in positions 4 and 5 expire
June 1, 2021.
(d) Section 3938.052 does not apply to initial directors
under this section.
(e) This section expires September 1, 2021.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3938.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3938.102. IMPROVEMENT PROJECTS AND SERVICES. The
district may provide, design, construct, acquire, improve,
relocate, operate, maintain, or finance an improvement project or
service using money available to the district, or contract with a
governmental or private entity to provide, design, construct,
acquire, improve, relocate, operate, maintain, or finance an
improvement project or service authorized under this chapter or
Chapter 375, Local Government Code.
Sec. 3938.103. LOCATION OF IMPROVEMENT PROJECT. An
improvement project described by Section 3938.102 may be located:
(1) in the district; or
(2) in an area outside but adjacent to the district if
the project is for the purpose of extending a public infrastructure
improvement beyond the district's boundaries to a logical terminus.
Sec. 3938.104. DEVELOPMENT CORPORATION POWERS. The
district, using money available to the district, may exercise the
powers given to a development corporation under Chapter 505, Local
Government Code, including the power to own, operate, acquire,
construct, lease, improve, or maintain a project under that
chapter.
Sec. 3938.105. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act for the district in implementing a project or
providing a service authorized by this chapter.
(b) The nonprofit corporation:
(1) has each power of and is considered to be a local
government corporation created under Subchapter D, Chapter 431,
Transportation Code; and
(2) may implement any project and provide any service
authorized by this chapter.
(c) The board shall appoint the board of directors of the
nonprofit corporation. The board of directors of the nonprofit
corporation shall serve in the same manner as the board of directors
of a local government corporation created under Subchapter D,
Chapter 431, Transportation Code, except that a board member is not
required to reside in the district.
Sec. 3938.106. AGREEMENTS; GRANTS. (a) As provided by
Chapter 375, Local Government Code, the district may make an
agreement with or accept a gift, grant, or loan from any person.
(b) The implementation of a project is a governmental
function or service for the purposes of Chapter 791, Government
Code.
Sec. 3938.107. LAW ENFORCEMENT SERVICES. To protect the
public interest, the district may contract with a qualified party,
including the county, to provide law enforcement services in the
district for a fee.
Sec. 3938.108. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
district may join and pay dues to a charitable or nonprofit
organization that performs a service or provides an activity
consistent with the furtherance of a district purpose.
Sec. 3938.109. ECONOMIC DEVELOPMENT. (a) The district may
engage in activities that accomplish the economic development
purposes of the district.
(b) The district may establish and provide for the
administration of one or more programs to promote state or local
economic development and to stimulate business and commercial
activity in the district, including programs to:
(1) make loans and grants of public money; and
(2) provide district personnel and services.
(c) The district may create economic development programs
and exercise the economic development powers that:
(1) Chapter 380, Local Government Code, provides to a
municipality; and
(2) Subchapter A, Chapter 1509, Government Code,
provides to a municipality.
Sec. 3938.110. REAL PROPERTY RESTRICTIONS. (a) The
district may adopt restrictions on the use of real property in the
district.
(b) The district may enforce restrictions on the use of real
property in the district in the manner provided for a municipal
utility district by Section 54.237, Water Code.
Sec. 3938.111. DESIGNATION OF SPECIAL ZONES. (a) The
district may designate all or any part of the area of the district,
as if the district were a municipality, as:
(1) a tax increment reinvestment zone under Chapter
311, Tax Code;
(2) a tax abatement reinvestment zone under Chapter
312, Tax Code; or
(3) an industrial district under Chapter 42, Local
Government Code.
(b) Section 311.006(b), Tax Code, does not apply to a tax
increment reinvestment zone created by the district.
(c) The district may submit to the Texas Economic
Development Bank a request for designation of a project or activity
in the district as an enterprise project in the manner provided for
a municipality to submit a request under Chapter 2303, Government
Code.
(d) If the county creates a tax increment reinvestment zone
under Chapter 311, Tax Code, the county, by contract with the
district, may grant money deposited in the tax increment fund to the
district to be used by the district for the purposes permitted for
money granted to a corporation under Section 380.002(b), Local
Government Code, including the right to pledge the money as
security for any bonds issued by the district for an improvement
project.
Sec. 3938.112. CONCURRENCE ON ADDITIONAL POWERS. If the
territory of the district is located in the corporate boundaries or
the extraterritorial jurisdiction of a municipality, the district
may not exercise a power granted to the district after the date the
district was created unless the governing body of the municipality
by resolution consents to the district's exercise of the power.
Sec. 3938.113. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
Sec. 3938.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
board by resolution shall establish the number of signatures and
the procedure required for a disbursement or transfer of the
district's money.
Sec. 3938.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
The district may acquire, construct, finance, operate, or maintain
an improvement project or service authorized under this chapter or
Chapter 375, Local Government Code, using any money available to
the district.
Sec. 3938.153. GENERAL POWERS REGARDING PAYMENT OF DISTRICT
BONDS, OBLIGATIONS, OR OTHER COSTS. The district may provide or
secure the payment or repayment of any bond, note, or other
temporary or permanent obligation or reimbursement or other
contract with any person and the costs and expenses of the
establishment, administration, and operation of the district and
the district's costs or share of the costs or revenue of an
improvement project or district contractual obligation or
indebtedness by:
(1) the imposition of an ad valorem tax or sales and
use tax or an assessment, user fee, concession fee, or rental
charge; or
(2) any other revenue or resources of the district,
including revenues from a tax increment reinvestment zone.
Sec. 3938.154. PETITION REQUIRED FOR FINANCING SERVICES AND
IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
service or improvement project with assessments under this chapter
unless a written petition requesting that service or improvement
has been filed with the board.
(b) The petition must be signed by the owners of a majority
of the assessed value of real property in the district subject to
assessment according to the most recent certified tax appraisal
roll for the county.
Sec. 3938.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
The board by resolution may impose and collect an assessment for any
purpose authorized by this chapter in all or any part of the
district.
(b) An assessment, a reassessment, or an assessment
resulting from an addition to or correction of the assessment roll
by the district, penalties and interest on an assessment or
reassessment, an expense of collection, and reasonable attorney's
fees incurred by the district:
(1) are a first and prior lien against the property
assessed;
(2) are superior to any other lien or claim other than
a lien or claim for county, school district, or municipal ad valorem
taxes; and
(3) are the personal liability of and a charge against
the owners of the property even if the owners are not named in the
assessment proceedings.
(c) The lien is effective from the date of the board's
resolution imposing the assessment until the date the assessment is
paid. The board may enforce the lien in the same manner that the
board may enforce an ad valorem tax lien against real property.
(d) The board may make a correction to or deletion from the
assessment roll that does not increase the amount of assessment of
any parcel of land without providing notice and holding a hearing in
the manner required for additional assessments.
Sec. 3938.156. STORM WATER USER CHARGES. The district may
establish user charges related to the operation of storm water
facilities, including the regulation of storm water for the
protection of water quality in the district.
Sec. 3938.157. NONPOTABLE WATER USER CHARGES. The district
may establish user charges for the use of nonpotable water for
irrigation purposes, subject to approval of the governing body of
the county.
Sec. 3938.158. COSTS FOR IMPROVEMENT PROJECTS. The
district may undertake separately or jointly with other persons,
including the county, all or part of the cost of an improvement
project, including an improvement project:
(1) for improving, enhancing, and supporting public
safety and security, fire protection and emergency medical
services, and law enforcement in or adjacent to the district; or
(2) that confers a general benefit on the entire
district or a special benefit on a definable part of the district.
Sec. 3938.159. TAX AND ASSESSMENT ABATEMENTS. The district
may designate reinvestment zones and may grant abatements of a tax
or assessment on property in the zones.
SUBCHAPTER E. TAXES AND BONDS
Sec. 3938.201. TAX ABATEMENT. The district may enter into a
tax abatement agreement in accordance with the general laws of this
state authorizing and applicable to a tax abatement agreement by a
municipality.
Sec. 3938.202. PROPERTY TAX AUTHORIZED. (a) The district
may impose an ad valorem tax on all taxable property in the district
to:
(1) pay for an improvement project of the types
authorized by Section 52(b), Article III, and Section 59, Article
XVI, Texas Constitution; or
(2) secure the payment of bonds issued for a purpose
described by Subdivision (1).
(b) The district may not impose an ad valorem tax to pay for
an improvement project under this chapter unless the imposition is
approved by the voters of the district voting at an election held
for that purpose. The board may call an election to approve the
imposition of an ad valorem tax to pay for an improvement project
under this chapter only if the board receives a petition requesting
the election signed by:
(1) more than 51 percent of the record owners of real
property in the district subject to taxation; or
(2) owners representing more than 51 percent of the
appraised value of real property in the district subject to
taxation, as determined by the tax rolls of the appraisal district.
Sec. 3938.203. SALES AND USE TAX. (a) The district may
impose a sales and use tax if authorized by a majority of the voters
of the district voting at an election called for that purpose.
Revenue from the tax may be used for any purpose for which ad
valorem tax revenue of the district may be used.
(b) The district may not adopt a sales and use tax if as a
result of the adoption of the tax the combined rate of all sales and
use taxes imposed by the district and other political subdivisions
of this state having territory in the district would exceed two
percent at any location in the district.
(c) If the voters of the district approve the adoption of
the tax at an election held on the same election date on which
another political subdivision adopts a sales and use tax or
approves an increase in the rate of its sales and use tax and as a
result the combined rate of all sales and use taxes imposed by the
district and other political subdivisions of this state having
territory in the district would exceed two percent at any location
in the district, the election to adopt a sales and use tax under
this chapter has no effect.
Sec. 3938.204. BONDS AND OTHER OBLIGATIONS. (a) The
district may issue, by public or private sale, bonds, notes, or
other obligations payable wholly or partly from ad valorem taxes,
sales and use taxes, or assessments in the manner provided by
Subchapter J, Chapter 375, Local Government Code.
(b) If the territory of the district is not located in the
corporate boundaries or extraterritorial jurisdiction of a
municipality, the district is not required to comply with Section
375.207, Local Government Code, and may issue a bond or other
obligation under Subchapter J, Chapter 375, Local Government Code,
with the written consent of directors, as provided by Section
375.071, Local Government Code.
(c) In exercising the district's borrowing power, the
district may issue a bond or other obligation in the form of a bond,
note, certificate of participation or other instrument evidencing a
proportionate interest in payments to be made by the district, or
other type of obligation.
(d) In addition to the sources of money described by
Subchapter J, Chapter 375, Local Government Code, district bonds
may be secured and made payable wholly or partly by a pledge of any
part of the money the district receives from improvement revenue or
from any other source.
Sec. 3938.205. BOND MATURITY. Bonds may mature not more
than 40 years from their date of issue.
Sec. 3938.206. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
the time bonds or other obligations payable wholly or partly from ad
valorem taxes are issued:
(1) the board shall impose a continuing direct annual
ad valorem tax for each year that all or part of the bonds are
outstanding; and
(2) the district annually shall impose an ad valorem
tax on all taxable property in the district in an amount sufficient
to:
(A) pay the interest on the bonds or other
obligations as the interest becomes due; and
(B) create a sinking fund for the payment of the
principal of the bonds or other obligations when due or the
redemption price at any earlier required redemption date.
SUBCHAPTER F. DISSOLUTION
Sec. 3938.251. DISSOLUTION BY ORDINANCE. (a) A
municipality that includes territory of the district, in the
corporate boundaries or extraterritorial jurisdiction of the
municipality, by ordinance may dissolve the district.
(b) The municipality may not dissolve the district until the
district's outstanding debt or contractual obligations that are
payable from ad valorem taxes have been repaid or discharged, or the
municipality has affirmatively assumed the obligation to pay the
outstanding debt from municipal revenue.
Sec. 3938.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
(a) If the dissolved district has bonds or other obligations
outstanding secured by and payable from assessments or other
revenue, other than ad valorem taxes, the municipality that
dissolves the district shall succeed to the rights and obligations
of the district regarding enforcement and collection of the
assessments or other revenue.
(b) The municipality shall have and exercise all district
powers to enforce and collect the assessments or other revenue to
pay:
(1) the bonds or other obligations when due and
payable according to their terms; or
(2) special revenue or assessment bonds or other
obligations issued by the municipality to refund the outstanding
bonds or obligations.
Sec. 3938.253. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
If a municipality dissolves the district, the municipality assumes,
subject to the appropriation and availability of funds, the
obligations of the district, including any bonds or other debt
payable from assessments or other district revenue.
(b) If a municipality dissolves the district, the board
shall transfer ownership of all district property to the
municipality.
SECTION 2. The Grand Lake Estates Management District
initially includes all the territory contained in the following
area: Tract 1 is +/- 200.33 acres within the J. Sealy Survey
Abstract (No. 758) and A. Hodge Survey Abstract (No. 18), and
situated west of the Grand Lake Estates Subdivision Section 11
(west of intersection of Guinevere Ln and Kirsten's Ct) and south of
the Grand Lake Estates Subdivision Sections 6 and 8, in southwest
Montgomery County with point of beginning being south Right-Of-Way
(ROW) of Guinevere Ln and east boundary of 200.33 acre tract (A0758
- Sealy John, TRACT 1-A (191.211 AC), A0018 HODGE ARCHIBALD, TRACT
3A-1 (9.119 AC), ACRES 200.33);
Then south along east boundary of said 200.33 acre tract to
southeast corner of said tract;
Then west along south boundary of said 200.33 acre tract to
southwest corner of said tract;
Then north along west boundary of said 200.33 acre tract to
northwest corner of said tract;
Then east along north boundary of said 200.33 acre tract to
northeast corner of said tract;
Then south along east boundary of said 200.33 acre tract to south
ROW of Guinevere Ln and point of beginning of +/-200.33 acre tract;
SECTION 3. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7932 to read as follows:
CHAPTER 7932. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 152
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7932.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Montgomery County Municipal
Utility District No. 152.
Sec. 7932.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7932.003. CONFIRMATION AND DIRECTORS' ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 7932.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7932.003
until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 7932.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7932.006. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 4 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 4 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7932.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7932.052, directors serve
staggered four-year terms.
Sec. 7932.052. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the commission requesting that
the commission appoint as temporary directors the five persons
named in the petition. The commission shall appoint as temporary
directors the five persons named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7932.003; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 7932.003 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 7932.003; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7932.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7932.102. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 7932.103. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7932.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
project must meet all applicable construction standards, zoning and
subdivision requirements, and regulations of each municipality in
whose corporate limits or extraterritorial jurisdiction the road
project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 7932.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
OR RESOLUTION. The district shall comply with all applicable
requirements of any ordinance or resolution that is adopted under
Section 54.016 or 54.0165, Water Code, and that consents to the
creation of the district or to the inclusion of land in the
district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7932.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 7932.153.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 7932.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7932.151, the district
may impose an operation and maintenance tax on taxable property in
the district in accordance with Section 49.107, Water Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 7932.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7932.201. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 7932.202. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 7932.203. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 4. The Montgomery County Municipal Utility District
No. 152 initially includes all the territory contained in the
following area:
A METES & BOUNDS description of a certain 695.3 acre tract of
land situated in the Montgomery County School Land Survey, Abstract
No. 351, the T. F. Johnson Survey, Abstract No. 299 and the Timothy
O'Neil Survey, Abstract No. 406 in Montgomery County, Texas, being
comprised of a called 364.7 acre tract of land (First Tract) and a
called 330.6 acre tract of land (Second Tract) conveyed to Bell
Endeavors, Ltd. From Helen Hilliard Brame by Special Warranty Deed
recorded in Clerk's File No. 2004-021196 of the Montgomery County
Official Public Records of Real Property; said 695.3 acre tract
being more particularly described in Two (2) Tracts as follows with
all bearings being based on a call of South 51°30' West, along the
common lines of the First and Second Tracts;
TRACT 1: 364.7 acres, more or less, of land, of which 286.5
acres, more or less, lies in the Montgomery County School Land
Survey, Abstract No. 350, 69.2 acres, more or less, lies in the
Montgomery County School Land Survey, Abstract No. 351, 6.5 acres,
more or less, lies in the T. F. Johnson Survey, Abstract No. 299,
and 2.5 acres, more or less, lies in the Timothy O'Neil Survey,
Abstract No. 406, and being the same land as conveyed to Winnie
Helen Hilliard by partition deed dated July 20, 1957, recorded in
Volume 434, Page 441 of the Deed Records of Montgomery County,
Texas; said 364.7 acres, more or less, of land being more
particularly described as follows:
BEGINNING at the Southwest corner of the S. Richardson
Survey, Abstract No. 460 and the Northwest corner of the T. F.
Johnson Survey, the Eastern Southeast corner of the Montgomery
County School Land Survey, Abstract No. 350, a Northeast intra
corner of the Montgomery County School Land Survey, Abstract
No. 351, and being Corner No. 1 hereof;
THENCE, S 00°30' W, 199.3 feet to Corner No. 2 hereof at the
Southwest corner of the Blanche Bender tract of land;
THENCE, East, 746.4 feet to Corner No. 3 hereof and the
Second Corner of Tract 2 hereof;
THENCE, S 51°30' W, 2738 feet to Corner No. 4 hereof and
Corner No. 1 of said Tract Two hereof, also being in the Northern
boundary line of a 660 acre tract as conveyed to Winnifred Bender
Beaman by said partition deed recorded in Volume 434, Page 441 of
said Deed Records, and also being the Southeast corner of the Doris
Eugenia Vaughan tract as described in said partition deed;
THENCE, N 38°35' W, 6268.4 feet to Corner No. 5 hereof and the
Northeast corner of said Doris Eugenia Vaughan tract in the center
of the Scott-Herrin Road;
THENCE, N 47°30' E, 800.4 feet with said Road [Deed (Volume
434, Page 441) call of N 46°40' E, 759.2 feet] to Corner No. 6
hereof;
THENCE, N 70°06' E, 1110.0 feet continuing with said road
[Deed (Volume 434, Page 441) call of N 68°55' E, 1110 feet] to its
intersection with the old Bender Tram Line for Corner No. 7 hereof;
THENCE, S 57°27' E, with said old Tram, 4397 feet [Deed
(Volume 434, Page 441) call of S 57°12' E, 4397 feet] to Corner No. 8
hereof in the West boundary line of the S. Richardson Survey;
THENCE, S 01°12'39" W, 1549.45 feet [Deed (Clerk's File
No. 2004-021196) call South 01°13' W, 1549.6 feet] along the West
line of the S. Richardson Survey to the PLACE OF BEGINNING AND
CONTAINING within these bounds 364.7 acres, more or less, of land.
TRACT 2: 330.6 acres, more or less, of land, of which 110.5
acres, more or less, lies in the Montgomery County School Land
Survey, Abstract No. 351, and 220.1 acres, more or less, lies in the
T. F. Johnson Survey, Abstract No. 299, and being the same land as
conveyed to Winnie Helen Hilliard by deed dated August 3, 1967,
recorded in Volume 646, Page 935 of the Montgomery County Deed
Records; said 330.6 acres, more or less, of land being more
particularly described as follows:
BEGINNING at Corner No. 4 of the Tract 1 herein, and Corner
No. 1 hereof;
THENCE, N 51°30' E, 2738.0 feet to a point for corner in the
Southern boundary line of said Blanche Bender tract for Corner
No. 2;
THENCE, East, 1009.6 feet with the Southern boundary line of
said Blanche Bender tract to Corner No. 3 hereof on the Western edge
of the Old Bender Tram Line;
THENCE, S 28°02' E, with said old Tram and/or road, 4024 feet
[Deed (Volume 434, Page 441) call of S 28°50' E, 3966.4 feet] to
Corner No. 4 hereof, on the Western side of said road, and being a
most Eastern corner of the Doris E. Vaughan 330 acres as described
in a deed recorded in Volume 646, Page 933 of said Deed Records;
THENCE, S 52°43' W, 2797.2 feet, [Deed (Volume 434, Page 441)
call of S 53° W, 2797.2 feet] to Corner No. 5 hereof and being a
re-entrant corner of the Doris E. Vaughan 330 acre tract;
THENCE, S 38°30'25" W, 4526.14 feet [Deed (Clerk's File
No. 2004-021196) call N 38°30' W, 4525.7 feet] to the PLACE OF
BEGINNING AND CONTAINING within these bounds 330.6 acres, more or
less, of land for a total of 695.3 acres in Montgomery County,
Texas.
SECTION 5. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor,
lieutenant governor, and speaker of the house of representatives
within the required time.
(d) The general law relating to consent by political
subdivisions to the creation of districts with conservation,
reclamation, and road powers and the inclusion of land in those
districts has been complied with.
(e) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act have been
fulfilled and accomplished.
SECTION 6. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
7932, Special District Local Laws Code, as added by Section 3 of
this Act, is amended by adding Section 7932.106 to read as follows:
Sec. 7932.106. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 7. Section 2, Chapter 465, Acts of the 79th
Legislature, Regular Session, 2005, is amended to read as follows:
Sec. 2. The Harris County Municipal Utility District No.
465 [initially] includes all the territory contained in the
following area:
Being 320.794 acres of land located in the A. E. Spencer
Survey, Abstract 1365, and the W. B. Macomer Survey, Abstract 1528,
the L. Breeding Survey, Abstract 1468, and the C. Breeding Survey,
Abstract 1467, Harris County, Texas, being a portion of that
certain called 315.38 acre tract (Tract I) and the residue of that
certain called 19.768 acre tract (Tract III) by an instrument of
record in File Number D990282, Official Public Records of Real
Property, Harris County, Texas, (H.C.O.P.R.R.P.), said 320.794
acres being more particularly described by metes and bounds as
follows, all bearings based upon the west line of said 315.38 acre
tract, and being north (called north);
BEGINNING on the common line of said W. B. Macomer Survey,
Abstract 1528, and the H. & T.C. Railroad Company Survey Section 87,
Abstract 455 of said Harris County, Texas, at its intersection with
the north right-of-way line of F. M. Highway 529, said point being
the southwest corner of said 315.38 acre tract;
Thence, North (called North) along the common line of said
W. B. Macomer Survey and said H. & T.C. Railroad Company Survey,
5,204.14 feet to the northwest corner of the herein described
tract, the northwest corner of said 315.38 acre tract, same being
the northeast corner of a called 21.157 acre tract by an instrument
of record in File Number P040350, H.C.O.P.R.R.P., on the south
right-of-way line of Longenbaugh Road;
Thence, North 89° 59' 17" East, along the north line of the
herein described tract and the north line of said 315.38 acre tract,
and the south right-of-way line of said Longenbaugh Road, 2,640.00
feet to the northeast corner of the herein described tract and the
northeast corner of said 315.38 acre tract, same being the
northwest corner of the residue of a called 510.63 acre tract by an
instrument of record in Volume 1270, Page 473, and Volume 1267, Page
163, Deed Records of said Harris County, Texas (H.C.D.R.);
Thence, South (called South) along the east line of the
herein described tract and the east line of said called 315.38 acre
tract, same being the west line of said adjoining residue of a
called 510.63 acre tract, at 2,613.77 feet pass a point on said line
at its intersection with the south line of the A. E. Spencer Survey,
Abstract 1365, said point being the southwest corner of said
adjoining residue of a called 510.63 acre tract, same being the
northwest corner of an adjoining called 73.718 acre tract described
in deed recorded under County Clerk's File Numbers L9788401,
N447931, N447932, and W740505, Official Public Records of Real
Property, Harris County, Texas, said point also being the northwest
corner of the L. Breeding Survey, Abstract 1468, same being the
northeast corner of the W. B. Macomer Survey, Abstract 1528, and
continuing for a total distance of 3,844.35 feet to a reentry corner
to the herein described tract, same being the southwest corner of
said adjoining called 73.718 acre tract;
Thence, North 89 degrees 57 minutes 16 seconds East (adjoiner
called East) along the lower north line of the herein described
tract, same being the south line of said adjoining called 73.718
acre tract, 2,609.39 feet (adjoiner called 2,609.44 feet) to a
northeast corner of the herein described tract, same being the
southeast corner of said adjoining called 73.718 acre tract, and
being in the west right-of-way line of Katy Hockley Road;
Thence, South 00 degrees 01 minute 11 seconds East (called
South) along the middle east line the herein described tract and the
east line of said residue of a called 19.768 acre tract, same being
the west right-of-way line of Katy Hockley Road, 90.00 feet to a
southeast corner of the herein described tract and the southeast
corner of said called 19.768 acre tract, same being the northeast
corner of an adjoining called 1.00 acre tract described in deed
recorded under County Clerk's File Number T395128, Official Public
Records of Real Property, Harris County, Texas, said point also
being the southeast corner of the C. Breeding Survey, Abstract
1467, same being the lower northeast corner of the L. Breeding
Survey, Abstract 1468;
Thence, South 89 degrees 57 minutes 16 seconds West along the
south line of the C. Breeding Survey, Abstract 1467, same being the
lower north line of the L. Breeding Survey, Abstract 1468, being the
upper south line of the herein described tract and the south line of
said called 19.768 acre tract, same being the north line of said
adjoining called 1.00 acre tract, and along the north line of an
adjoining called 1.9578 acre tract described in deed recorded under
County Clerk's File Number T233387, Official Public Records of Real
Property, Harris County, Texas, the north line of an adjoining
called 13.9559 acre tract described in deed recorded under County
Clerk's File Number G594514, Official Public Records of Real
Property, Harris County, Texas, the north line of an adjoining
called 13.955 acre tract described in deed recorded under County
Clerk's File Number H415235, Official Public Records of Real
Property, Harris County, Texas, the north line of an adjoining
called 3.955 acre tract described in deed recorded under County
Clerk's File Number G067328, Official Public Records of Real
Property, Harris County, Texas, and the north line of an adjoining
called 10 acre tract described in deed recorded under County
Clerk's File Number D745445, Official Public Records of Real
Property, Harris County, Texas, the north line of an adjoining
called 10 acre tract described in deed recorded under County
Clerk's File Number H755391, Official Public Records of Real
Property, Harris County, Texas, the north line of an adjoining
called 10 acre tract described in deed recorded under County
Clerk's File Number H956910, Official Public Records of Real
Property, Harris County, Texas, for a total distance of 2,610.82
feet (called 2,609.44 feet) to a reentry corner to the herein
described tract, same being the occupied northwest corner of said
adjoining called 10 acre tract (County Clerk's File Number
H956910), said point also being in the occupied common line of the
L. Breeding Survey, Abstract 1468, and the W. B. Macomer Survey,
Abstract 1528;
Thence, South 00 degrees 03 minutes 48 seconds East (called
South) along the occupied common line of the herein described tract
and said adjoining called 10 acre tract, 1,269.78 feet to a
southeast corner of said called 315.38 acre tract, same being the
southwest corner of said adjoining called 10 acre tract, and being
in the north right-of-way line of F. M. Highway 529;
Thence, North 89 degrees 59 minutes 17 seconds West (called
West) along the lower south line of the herein described tract and
the south line of said called 315.38 acre tract, same being the
north right-of-way line of F. M. Highway 529, 2,640.00 feet (called
2,640 feet) to the Place of Beginning and containing 320.794 acres
of land, more or less.
[TRACT I:
[FIELD NOTES FOR A 315.38 ACRE TRACT OF LAND, 156.84 ACRES OUT OF
THE W.B. MACOMER SURVEY, ABSTRACT 1528, BEING THE SOUTHWEST ¼ OF
SECTION 76, BLOCK 2 OF THE H. & T. C. R.R. COMPANY SURVEY AND 158.54
ACRES OUT OF THE A. E. SPENCER SURVEY, ABSTRACT 1365, BEING THE
NORTHWEST ¼ OF SECTION 76, BLOCK 2 OF THE H. & T. C. R.R. COMPANY
SURVEY, HARRIS COUNTY, TEXAS.
[BEGINNING at 1-1/4 inch Iron Pipe found on the North line of F. M.
Highway 529, said point being the Southeast corner and Place of
Beginning of the herein described 315.38 Acre Tract, said point
being located West 2639.44 feet and North 52 feet from the Southeast
corner of the H. & T. C. R.R. Company Survey, Section 76;
[THENCE North along the East line of the W. B. Macomer Survey being
a part of the aforementioned H. & T. C. R.R. Company Survey Section
76, at 2588 feet pass a 5/8 inch Iron Rod set on said line at the
Northeast corner of the aforementioned W. B. Macomer Survey, same
being in the South line of the A. E. Spencer Survey, and continuing
for a total distance of 5204 feet to a 1-1/4 inch Iron Pipe set on
the South line of Longenbaugh Road for the Northeast corner of the
herein described 315.58 Acre Tract;
[THENCE West along the South line of Longenbaugh Road, 2640 feet to
a 1-1/4 inch Iron Pipe set in the West line of the H. & T. C. R.R.
Company Survey Section 76 for the Northwest corner of the herein
described 315.38 Acre Tract;
[THENCE South along the West line of said Section 76, at 2616 feet
pass the Southwest corner of the A.E. Spencer Survey, being a part
of the aforementioned Section 76, same being the Northwest corner
of the W. B. Macomer Survey, being a part of the aforementioned
Section 76, and continuing for a total distance of 3204 feet to a
1-1/4 inch Iron Pipe set in the South line of F.M. Highway 529 for
the Southwest corner of the herein described 315.38 Acre Tract;
[THENCE East along the South line of said F.M. Highway 529, 2640
feet to the Place of BEGINNING and containing 315.38 acres of land.
[TRACT II:
[FIELD NOTES FOR A 19.768 ACRE TRACT OF LAND, BEING 9.77 ACRES OUT
OF THE C. BREEDING SURVEY, ABSTRACT 1467, AND 9.998 ACRES OUT OF THE
L. BREEDING SURVEY, ABSTRACT 1468, AND BEING IN THE SOUTHEAST ¼ OF
SECTION 76, BLOCK 2 OF THE H. & T. C. R.R. COMPANY SURVEY, HARRIS
COUNTY, TEXAS.
[BEGINNING at a 3/4 inch Iron Pipe found on the West line of
Katy-Hockley Road at the Southeast corner and Place of Beginning of
the herein described 19.768 Acre Tract said point being located
North 1319.4 feet and West 30 feet from a Railroad Spike found at
the Southeast corner of Section 76 as located in the intersection of
F.M. Highway 529 and Katy-Hockley Road;
[THENCE West along the common line of the L. Breeding Survey,
Abstract 1468, and the C. Breeding Survey, Abstract 1467, at
1289.44 feet pass the Southwest corner of the C. Breeding Survey,
same being a reentry corner to the L. Breeding Survey, and
continuing for a total distance of 2609.44 feet to a 1-1/4 inch Iron
Pipe found in the East line of the W. B. Macomer Survey for the
Southwest corner of the herein described 19.768 Acre Tract;
[THENCE North along the East line of said W. B. Macomer Survey, same
being a West line of the L. Breeding Survey, 330 feet to a 5/8 inch
Iron Rod set on said line for the Northwest corner of the herein
described 19.768 Acre Tract;
[THENCE East along a line establishing the North line of the herein
described 19.768 Acre Tract; 2609.44 feet to a 5/8 inch Iron Rod set
in the West line of Katy-Hockley Road for the Northeast corner of
the herein described 19.768 Acre Tract of land;
[THENCE south along the West line of said Katy-Hockley Road, 330
feet to the Place of BEGINNING and containing 19.768 acres of land.]
SECTION 8. (a) The Harris County Municipal Utility
District No. 465 retains all rights, powers, privileges, authority,
duties, and functions that it had before the effective date of this
Act.
(b) Notwithstanding any other law, the Harris County
Municipal Utility District No. 465 may continue to rely on any bond
election held before the effective date of this Act.
SECTION 9. (a) Any act or proceeding of the district,
including an election, not excepted by this section and taken
before the effective date of this Act, is validated and confirmed in
all respects.
(b) This section does not apply to:
(1) an act, proceeding, director, other official,
bond, or other obligation the validity of which or of whom is the
subject of litigation that is pending on the effective date of this
Act; or
(2) an act or proceeding that, under a statute of this
state or the United States, was a misdemeanor or felony at the time
the act or proceeding occurred.
SECTION 10. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 11. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4154 was passed by the House on May
12, 2015, by the following vote: Yeas 142, Nays 2, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 4154 on May 29, 2015, by the following vote: Yeas 143, Nays 1,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4154 was passed by the Senate, with
amendments, on May 27, 2015, by the following vote: Yeas 29, Nays
2.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor
Pos. No. Name of Director
1 Collin Nguyen
2 Laura Dodson
3 Roger Stacey
4 Amanda James
5 Joe Teagarden