Texas 2015 - 84th Regular

Texas Senate Bill SB2028 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Nichols S.B. No. 2028
2		-	(Metcalf)
	1	+	S.B. No. 2028
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the creation of the Montgomery County Municipal Utility
8	6		District No. 151; granting a limited power of eminent domain;
9	7		providing authority to issue bonds; providing authority to impose
10	8		assessments, fees, and taxes.
11	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	10		SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	11		Code, is amended by adding Chapter 7918 to read as follows:
14	12		CHAPTER 7918. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO.
15	13		151
16	14		SUBCHAPTER A. GENERAL PROVISIONS
17	15		Sec. 7918.001. DEFINITIONS. In this chapter:
18	16		(1) "Board" means the district's board of directors.
19	17		(2) "Commission" means the Texas Commission on
20	18		Environmental Quality.
21	19		(3) "Director" means a board member.
22	20		(4) "District" means the Montgomery County Municipal
23	21		Utility District No. 151.
24	22		Sec. 7918.002. NATURE OF DISTRICT. The district is a
25	23		municipal utility district created under Section 59, Article XVI,
26	24		Texas Constitution.
27	25		Sec. 7918.003. CONFIRMATION AND DIRECTORS' ELECTION
28	26		REQUIRED. The temporary directors shall hold an election to
29	27		confirm the creation of the district and to elect five permanent
30	28		directors as provided by Section 49.102, Water Code.
31	29		Sec. 7918.004. CONSENT OF MUNICIPALITY REQUIRED. The
32	30		temporary directors may not hold an election under Section 7918.003
33	31		until each municipality in whose corporate limits or
34	32		extraterritorial jurisdiction the district is located has
35	33		consented by ordinance or resolution to the creation of the
36	34		district and to the inclusion of land in the district.
37	35		Sec. 7918.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
38	36		(a) The district is created to serve a public purpose and benefit.
39	37		(b) The district is created to accomplish the purposes of:
40	38		(1) a municipal utility district as provided by
41	39		general law and Section 59, Article XVI, Texas Constitution; and
42	40		(2) Section 52, Article III, Texas Constitution, that
43	41		relate to the construction, acquisition, improvement, operation,
44	42		or maintenance of macadamized, graveled, or paved roads, or
45	43		improvements, including storm drainage, in aid of those roads.
46	44		Sec. 7918.006. INITIAL DISTRICT TERRITORY. (a) The
47	45		district is initially composed of the territory described by
48	46		Section 2 of the Act enacting this chapter.
49	47		(b) The boundaries and field notes contained in Section 2 of
50	48		the Act enacting this chapter form a closure. A mistake made in the
51	49		field notes or in copying the field notes in the legislative process
52	50		does not affect the district's:
53	51		(1) organization, existence, or validity;
54	52		(2) right to issue any type of bond for the purposes
55	53		for which the district is created or to pay the principal of and
56	54		interest on a bond;
57	55		(3) right to impose a tax; or
58	56		(4) legality or operation.
59	57		SUBCHAPTER B. BOARD OF DIRECTORS
60	58		Sec. 7918.051. GOVERNING BODY; TERMS. (a) The district is
61	59		governed by a board of five elected directors.
62	60		(b) Except as provided by Section 7918.052, directors serve
63	61		staggered four-year terms.
64	62		Sec. 7918.052. TEMPORARY DIRECTORS. (a) On or after the
65	63		effective date of the Act enacting this chapter, the owner or owners
66	64		of a majority of the assessed value of the real property in the
67	65		district may submit a petition to the commission requesting that
68	66		the commission appoint as temporary directors the five persons
69	67		named in the petition. The commission shall appoint as temporary
70	68		directors the five persons named in the petition.
71	69		(b) Temporary directors serve until the earlier of:
72	70		(1) the date permanent directors are elected under
73	71		Section 7918.003; or
74	72		(2) the fourth anniversary of the effective date of
75	73		the Act enacting this chapter.
76	74		(c) If permanent directors have not been elected under
77	75		Section 7918.003 and the terms of the temporary directors have
78	76		expired, successor temporary directors shall be appointed or
79	77		reappointed as provided by Subsection (d) to serve terms that
80	78		expire on the earlier of:
81	79		(1) the date permanent directors are elected under
82	80		Section 7918.003; or
83	81		(2) the fourth anniversary of the date of the
84	82		appointment or reappointment.
85	83		(d) If Subsection (c) applies, the owner or owners of a
86	84		majority of the assessed value of the real property in the district
87	85		may submit a petition to the commission requesting that the
88	86		commission appoint as successor temporary directors the five
89	87		persons named in the petition. The commission shall appoint as
90	88		successor temporary directors the five persons named in the
91	89		petition.
92	90		SUBCHAPTER C. POWERS AND DUTIES
93	91		Sec. 7918.101. GENERAL POWERS AND DUTIES. The district has
94	92		the powers and duties necessary to accomplish the purposes for
95	93		which the district is created.
96	94		Sec. 7918.102. MUNICIPAL UTILITY DISTRICT POWERS AND
97	95		DUTIES. The district has the powers and duties provided by the
98	96		general law of this state, including Chapters 49 and 54, Water Code,
99	97		applicable to municipal utility districts created under Section 59,
100	98		Article XVI, Texas Constitution.
101	99		Sec. 7918.103. AUTHORITY FOR ROAD PROJECTS. Under Section
102	100		52, Article III, Texas Constitution, the district may design,
103	101		acquire, construct, finance, issue bonds for, improve, operate,
104	102		maintain, and convey to this state, a county, or a municipality for
105	103		operation and maintenance macadamized, graveled, or paved roads, or
106	104		improvements, including storm drainage, in aid of those roads.
107	105		Sec. 7918.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
108	106		road project must meet all applicable construction standards,
109	107		zoning and subdivision requirements, and regulations of each
110	108		municipality in whose corporate limits or extraterritorial
111	109		jurisdiction the road project is located.
112	110		(b) If a road project is not located in the corporate limits
113	111		or extraterritorial jurisdiction of a municipality, the road
114	112		project must meet all applicable construction standards,
115	113		subdivision requirements, and regulations of each county in which
116	114		the road project is located.
117	115		(c) If the state will maintain and operate the road, the
118	116		Texas Transportation Commission must approve the plans and
119	117		specifications of the road project.
120	118		Sec. 7918.105. CERTAIN NAVIGATION IMPROVEMENTS. (a) The
121	119		district is created for the following purposes and has the power to
122	120		purchase, construct, acquire, own, operate, maintain, improve, or
123	121		extend, inside or outside the district, a canal or other waterway,
124	122		bulkhead, dock, or improvement in aid of such canals, waterways,
125	123		bulkheads, or docks.
126	124		(b) Notwithstanding any other law, the powers provided by
127	125		Subsection (a) are subject to the applicable rules, regulations,
128	126		and approval of the San Jacinto River Authority.
129	127		(c) In the event the district adopts a rule or regulation
130	128		relating to boating or navigation, the rule or regulation must be
131	129		consistent with the applicable rules or regulations of the San
132	130		Jacinto River Authority.
133	131		Sec. 7918.106. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
134	132		OR RESOLUTION. The district shall comply with all applicable
135	133		requirements of any ordinance or resolution that is adopted under
136	134		Section 54.016 or 54.0165, Water Code, and that consents to the
137	135		creation of the district or to the inclusion of land in the
138	136		district.
139	137		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
140	138		Sec. 7918.151. ELECTIONS REGARDING TAXES OR BONDS.
141	139		(a) The district may issue, without an election, bonds and other
142	140		obligations secured by:
143	141		(1) revenue other than ad valorem taxes; or
144	142		(2) contract payments described by Section 7918.153.
145	143		(b) The district must hold an election in the manner
146	144		provided by Chapters 49 and 54, Water Code, to obtain voter approval
147	145		before the district may impose an ad valorem tax or issue bonds
148	146		payable from ad valorem taxes.
149	147		(c) The district may not issue bonds payable from ad valorem
150	148		taxes to finance a road project unless the issuance is approved by a
151	149		vote of a two-thirds majority of the district voters voting at an
152	150		election held for that purpose.
153	151		Sec. 7918.152. OPERATION AND MAINTENANCE TAX. (a) If
154	152		authorized at an election held under Section 7918.151, the district
155	153		may impose an operation and maintenance tax on taxable property in
156	154		the district in accordance with Section 49.107, Water Code.
157	155		(b) The board shall determine the tax rate. The rate may not
158	156		exceed the rate approved at the election.
159	157		Sec. 7918.153. CONTRACT TAXES. (a) In accordance with
160	158		Section 49.108, Water Code, the district may impose a tax other than
161	159		an operation and maintenance tax and use the revenue derived from
162	160		the tax to make payments under a contract after the provisions of
163	161		the contract have been approved by a majority of the district voters
164	162		voting at an election held for that purpose.
165	163		(b) A contract approved by the district voters may contain a
166	164		provision stating that the contract may be modified or amended by
167	165		the board without further voter approval.
168	166		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
169	167		Sec. 7918.201. AUTHORITY TO ISSUE BONDS AND OTHER
170	168		OBLIGATIONS. The district may issue bonds or other obligations
171	169		payable wholly or partly from ad valorem taxes, impact fees,
172	170		revenue, contract payments, grants, or other district money, or any
173	171		combination of those sources, to pay for any authorized district
174	172		purpose.
175	173		Sec. 7918.202. TAXES FOR BONDS. At the time the district
176	174		issues bonds payable wholly or partly from ad valorem taxes, the
177	175		board shall provide for the annual imposition of a continuing
178	176		direct ad valorem tax, without limit as to rate or amount, while all
179	177		or part of the bonds are outstanding as required and in the manner
180	178		provided by Sections 54.601 and 54.602, Water Code.
181	179		Sec. 7918.203. BONDS FOR ROAD PROJECTS. At the time of
182	180		issuance, the total principal amount of bonds or other obligations
183	181		issued or incurred to finance road projects and payable from ad
184	182		valorem taxes may not exceed one-fourth of the assessed value of the
185	183		real property in the district.
186	184		SECTION 2. The Montgomery County Municipal Utility District
187	185		No. 151 initially includes all the territory contained in the
188	186		following area:
189	187		All that certain tract or parcel containing 144.891 acres of
190	188		land in the Neal Martin Survey, A-26, Montgomery County, Texas,
191	189		being part of tracts 1, 2, 3 and 4 in Exhibit "A", and all of the 4.0
192	190		acre Exhibit "B" Tract conveyed from Edward Goethe-Barnes, et al,
193	191		Trustees to Goethe Inglet Family Partners, Ltd., by an instrument
194	192		of record in Clerks File #2001014383, Montgomery County Official
195	193		Public Record (MCOPR), said 144.891 acres being more particularly
196	194		described by metes and bounds as follows, basing bearings on the
197	195		Texas Coordinate System of 1983, Central Zone, to wit:
198	196		COMMENCING FOR REFERENCE at a 5/8" iron rod found for
199	197		northwest corner of a tract which was called 2.5000 acres and
200	198		conveyed from Goethe Inglet Family Partners, Ltd. to Shapla
201	199		Enterprises, Inc., by an instrument of record in Clerks File
202	200		#2014038035, MCOPR, lying in the east line of Longstreet Road;
203	201		THENCE N12°17'22"E, 50.00 feet along the east line of
204	202		Longstreet Road to a 5/8" iron rod set for southwest corner and
205	203		PLACE OF BEGINNING of the tract described herein;
206	204		THENCE N12°17'22"E, 2,359.12 feet along the east line of
207	205		Longstreet Road to a 5/8" iron rod set for interior corner;
208	206		THENCE N07°59'53"E, 569.41 feet continuing along the east
209	207		line of Longstreet Road to a 6" wood post found for a northwest
210	208		corner, lying in the south line of a tract which was called 2.7213
211	209		acres and conveyed from Goethe Inglet Family Partners, Ltd. to
212	210		Carol Phyllis Barnes Ingram, by an instrument of record in Clerks
213	211		File #2005050891, MCOPR;
214	212		THENCE S82°39'45"E, 558.52 feet along the south line of said
215	213		2.7213 acre tract to a 6" wood post found for interior corner, being
216	214		the southeast corner of said 2.7213 acre tract;
217	215		THENCE N08°08'04"E, 200.35 feet along the east line of said
218	216		2.7213 acre tract to a 6" wood post found for interior corner, being
219	217		the northeast corner of said 2.7213 acre tract;
220	218		THENCE N82°08'11"W, 558.96 feet along the north line of said
221	219		2.7213 acre tract to a 7" wood post found for corner, lying in the
222	220		east line of Longstreet Road;
223	221		THENCE N07°59'53"E, 139.81 feet continuing along the east
224	222		line of Longstreet Road to a 5/8" iron rod set for northwest corner,
225	223		lying in a north line of said Fourth Tract;
226	224		THENCE S78°35'54"E, 68.53 feet along the north line of said
227	225		Fourth Tract to a 1/2" iron rod found for interior corner, being the
228	226		northeast corner of said Fourth Tract, lying in the west line of
229	227		said Third Tract;
230	228		THENCE N11°33'36"E, along the common line of said Third Tract
231	229		and a tract of unknown ownership, at 381.30 feet pass a 5/8" iron
232	230		rod set for reference in the south line of Longstreet Road,
233	231		continuing along said common line crossing Longstreet Road for a
234	232		distance in all of 493.30 feet to a point for northwest corner,
235	233		lying in the east line of a tract which was called Lot 8, Longwood
236	234		Estates Section Three, Cabinet H, Sheet 42 B;
237	235		THENCE 123.29 feet along the common line of said Lot 8 and
238	236		north line of Longstreet Road in the arc of a curve to the right,
239	237		(Delta= 47°05'32", Radius= 150.00 feet, Chord= N70°59'48"E, 119.85
240	238		feet), to a 5/8" iron rod found marking the northeast corner of Lot
241	239		8, Longwood Estates, lying in the north line of said Third Tract and
242	240		south line of Lot 9, Longwood Estates;
243	241		THENCE S78°35'58"E, 365.38 feet along the north line of said
244	242		Third Tract crossing Longstreet Road to a 1/2" iron rod found for
245	243		interior corner,
246	244		THENCE N11°44'59"E, 69.53 feet crossing said Longstreet Road
247	245		to a 5/8" iron rod set for northwest corner, being a northwest
248	246		corner of said Third Tract and southwest corner of a tract which was
249	247		called 20 acres and conveyed from Laura Bell Paddock to Dorothy
250	248		Paddock Scott, by an instrument of record in Volume 223, Page 161,
251	249		MCOPR;
252	250		THENCE S78°15'01"E, 896.66 feet along the common line of said
253	251		20 acre tract, said Third Tract and a south line of The Estates,
254	252		Section One, a subdivision of record in Clerks File #2001076225,
255	253		MCOPR to a 5/8" iron rod found for northeast corner, being the
256	254		northeast corner of said Third Tract and common west corner of Lot 1
257	255		and Lot 2, Block 2, The Estates, Section One;
258	256		THENCE S11°17'46"W, 657.88 feet along the common line of said
259	257		Third Tract and The Estates, Section One to a 5/8" iron rod found
260	258		for angle point, being the southwest corner of The Estates, Section
261	259		One and northwest corner of the Residue of a tract which was called
262	260		106.394 acres and conveyed from the U.S. Land Corp to Carlson Bros.
263	261		Corp, by an instrument of record in the Clerks File #2005010043,
264	262		MCOPR;
265	263		THENCE S11°41'18"W, 1,162.18 feet along the common line of
266	264		said Third Tract and said 106.394 acre tract to a 1" flat bar found
267	265		for interior corner, being the northwest corner of said First Tract
268	266		and southwest corner of said 106.394 acre tract, from which a 5/8"
269	267		iron rod found bears: N08°23'14"E, 5.13 feet;
270	268		THENCE S77°52'09"E, 888.41 feet continuing along the common
271	269		line of said First Tract and said 106.394 acre tract to a x-tie
272	270		fence corner found for a northeast corner of said First Tract and
273	271		interior corner of said 106.394 acre tract;
274	272		THENCE S14°38'09"W, 5.30 feet continuing along said common
275	273		line to a 5/8" iron rod found for angle point, being a southwest
276	274		corner of said 106.394 acre tract and northwest corner of a tract
277	275		which was called 4.999 acres and conveyed from Drew Spencer, et al
278	276		to L.P. Carlson, Sr., by an instrument of record in Clerks File
279	277		#2004022798, MCOPR;
280	278		THENCE S11°47'13"W, 881.49 feet along the common line of said
281	279		First Tract and said 4.999 acre tract to a 1/2" iron rod found for
282	280		most northerly southeast corner, being the southwest corner of said
283	281		4.999 acre tract and most northerly corner of a tract which was
284	282		called 26.15 acres and conveyed to the San Jacinto River Authority
285	283		by Award of Special Commissioners, Condemnation Proceedings, Case
286	284		No. 5058, Montgomery County Clerk;
287	285		THENCE S46°13'47"W, 109.20 feet along the common line of the
288	286		residue of said First Tract and said 26.15 acre tract to a 1/2" iron
289	287		rod found for angle point;
290	288		THENCE N86°35'41"W, 70.93 feet continuing along said common
291	289		line to a 1/2" iron rod found for angle point;
292	290		THENCE S63°45'48"W, 197.94 feet continuing along said common
293	291		line to a 1/2" iron rod found for angle point;
294	292		THENCE S49°48'09"W, 190.96 feet continuing along said common
295	293		line to a 1/2" iron rod found for angle point;
296	294		THENCE S75°04'12"W, 110.80 feet continuing along said common
297	295		line to a 1/2" iron rod found for angle point;
298	296		THENCE N87°35'24"W, 114.08 feet continuing along said common
299	297		line to a 1/2" iron rod found for angle point;
300	298		THENCE S20°42'33"W, 269.75 feet continuing along said common
301	299		line to a 5/8" iron rod set for angle point;
302	300		THENCE S51°53'06"W, 132.88 feet continuing along said common
303	301		line to a 5/8" iron rod set for angle point;
304	302		THENCE S68°37'09"W, 188.83 feet continuing along said common
305	303		line to a 5/8" iron rod set for angle point;
306	304		THENCE S73°00'22"W, 263.76 feet continuing along said common
307	305		line to a 5/8" iron rod set for angle point;
308	306		THENCE N67°43'26"W, 124.06 feet continuing along said common
309	307		line to a 1/2" iron rod found for angle point;
310	308		THENCE S60°30'30"W, 43.65 feet continuing along said common
311	309		line to a 1/2" iron rod found for angle point;
312	310		THENCE departing said common line, S88°32'20"W, 651.14 feet
313	311		crossing said Second Tract to a 5/8" iron rod set for angle point;
314	312		THENCE N76°59'49"W, 365.35 crossing said Second Tract to the
315	313		PLACE OF BEGINNING, containing 144.891 acres of land, more or less.
316	314		Save & Except 0.777 acre of land lying in Longstreet Road, leaving a
317	315		net acreage of 144.114 acres.
318	316		SECTION 3. (a) The legal notice of the intention to
319	317		introduce this Act, setting forth the general substance of this
320	318		Act, has been published as provided by law, and the notice and a
321	319		copy of this Act have been furnished to all persons, agencies,
322	320		officials, or entities to which they are required to be furnished
323	321		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
324	322		Government Code.
325	323		(b) The governor, one of the required recipients, has
326	324		submitted the notice and Act to the Texas Commission on
327	325		Environmental Quality.
328	326		(c) The Texas Commission on Environmental Quality has filed
329	327		its recommendations relating to this Act with the governor, the
330	328		lieutenant governor, and the speaker of the house of
331	329		representatives within the required time.
332	330		(d) All requirements of the constitution and laws of this
333	331		state and the rules and procedures of the legislature with respect
334	332		to the notice, introduction, and passage of this Act are fulfilled
335	333		and accomplished.
336	334		SECTION 4. (a) If this Act does not receive a two-thirds
337	335		vote of all the members elected to each house, Subchapter C, Chapter
338	336		7918, Special District Local Laws Code, as added by Section 1 of
339	337		this Act, is amended by adding Section 7918.107 to read as follows:
340	338		Sec. 7918.107. NO EMINENT DOMAIN POWER. The district may
341	339		not exercise the power of eminent domain.
342	340		(b) This section is not intended to be an expression of a
343	341		legislative interpretation of the requirements of Section 17(c),
344	342		Article I, Texas Constitution.
345	343		SECTION 5. This Act takes effect immediately if it receives
346	344		a vote of two-thirds of all the members elected to each house, as
347	345		provided by Section 39, Article III, Texas Constitution. If this
348	346		Act does not receive the vote necessary for immediate effect, this
349	347		Act takes effect September 1, 2015.
	348	+	______________________________ ______________________________
	349	+	President of the Senate Speaker of the House
	350	+	I hereby certify that S.B. No. 2028 passed the Senate on
	351	+	May 8, 2015, by the following vote: Yeas 29, Nays 1, one present
	352	+	not voting.
	353	+	______________________________
	354	+	Secretary of the Senate
	355	+	I hereby certify that S.B. No. 2028 passed the House on
	356	+	May 22, 2015, by the following vote: Yeas 140, Nays 0,
	357	+	two present not voting.
	358	+	______________________________
	359	+	Chief Clerk of the House
	360	+	Approved:
	361	+	______________________________
	362	+	Date
	363	+	______________________________
	364	+	Governor