Texas 2015 - 84th Regular

Texas Senate Bill SB2056 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Bettencourt, et al. S.B. No. 2056
2		-	(Metcalf)
	1	+	S.B. No. 2056
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		relating to the creation of the Montgomery County Municipal Utility
7	5		District No. 148; granting a limited power of eminent domain;
8	6		providing authority to issue bonds; providing authority to impose
9	7		assessments, fees, and taxes.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	10		Code, is amended by adding Chapter 7921 to read as follows:
13	11		CHAPTER 7921. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 148
14	12		SUBCHAPTER A. GENERAL PROVISIONS
15	13		Sec. 7921.001. DEFINITIONS. In this chapter:
16	14		(1) "Board" means the district's board of directors.
17	15		(2) "Commission" means the Texas Commission on
18	16		Environmental Quality.
19	17		(3) "Director" means a board member.
20	18		(4) "District" means the Montgomery County Municipal
21	19		Utility District No. 148.
22	20		Sec. 7921.002. NATURE OF DISTRICT. The district is a
23	21		municipal utility district created under Section 59, Article XVI,
24	22		Texas Constitution.
25	23		Sec. 7921.003. CONFIRMATION AND DIRECTORS' ELECTION
26	24		REQUIRED. The temporary directors shall hold an election to
27	25		confirm the creation of the district and to elect five permanent
28	26		directors as provided by Section 49.102, Water Code.
29	27		Sec. 7921.004. CONSENT OF MUNICIPALITY REQUIRED. The
30	28		temporary directors may not hold an election under Section 7921.003
31	29		until each municipality in whose corporate limits the district is
32	30		located has consented by ordinance or resolution to the creation of
33	31		the district and to the inclusion of land in the district.
34	32		Sec. 7921.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	33		(a) The district is created to serve a public purpose and benefit.
36	34		(b) The district is created to accomplish the purposes of:
37	35		(1) a municipal utility district as provided by
38	36		general law and Section 59, Article XVI, Texas Constitution; and
39	37		(2) Section 52, Article III, Texas Constitution, that
40	38		relate to the construction, acquisition, improvement, operation,
41	39		or maintenance of macadamized, graveled, or paved roads, or
42	40		improvements, including storm drainage, in aid of those roads.
43	41		Sec. 7921.006. INITIAL DISTRICT TERRITORY. (a) The
44	42		district is initially composed of the territory described by
45	43		Section 2 of the Act enacting this chapter.
46	44		(b) The boundaries and field notes contained in Section 2 of
47	45		the Act enacting this chapter form a closure. A mistake made in the
48	46		field notes or in copying the field notes in the legislative process
49	47		does not affect the district's:
50	48		(1) organization, existence, or validity;
51	49		(2) right to issue any type of bond for the purposes
52	50		for which the district is created or to pay the principal of and
53	51		interest on a bond;
54	52		(3) right to impose a tax; or
55	53		(4) legality or operation.
56	54		SUBCHAPTER B. BOARD OF DIRECTORS
57	55		Sec. 7921.051. GOVERNING BODY; TERMS. (a) The district is
58	56		governed by a board of five elected directors.
59	57		(b) Except as provided by Section 7921.052, directors serve
60	58		staggered four-year terms.
61	59		Sec. 7921.052. TEMPORARY DIRECTORS. (a) The temporary
62	60		board consists of:
63	61		(1) Timothy P. Williamson;
64	62		(2) Keith Schoonover;
65	63		(3) Jim C. Platt;
66	64		(4) Christopher DiPaolo; and
67	65		(5) Joe Mattingly.
68	66		(b) Temporary directors serve until the earlier of:
69	67		(1) the date permanent directors are elected under
70	68		Section 7921.003; or
71	69		(2) the fourth anniversary of the effective date of
72	70		the Act enacting this chapter.
73	71		(c) If permanent directors have not been elected under
74	72		Section 7921.003 and the terms of the temporary directors have
75	73		expired, successor temporary directors shall be appointed or
76	74		reappointed as provided by Subsection (d) to serve terms that
77	75		expire on the earlier of:
78	76		(1) the date permanent directors are elected under
79	77		Section 7921.003; or
80	78		(2) the fourth anniversary of the date of the
81	79		appointment or reappointment.
82	80		(d) If Subsection (c) applies, the owner or owners of a
83	81		majority of the assessed value of the real property in the district
84	82		may submit a petition to the commission requesting that the
85	83		commission appoint as successor temporary directors the five
86	84		persons named in the petition. The commission shall appoint as
87	85		successor temporary directors the five persons named in the
88	86		petition.
89	87		SUBCHAPTER C. POWERS AND DUTIES
90	88		Sec. 7921.101. GENERAL POWERS AND DUTIES. The district has
91	89		the powers and duties necessary to accomplish the purposes for
92	90		which the district is created.
93	91		Sec. 7921.102. MUNICIPAL UTILITY DISTRICT POWERS AND
94	92		DUTIES. The district has the powers and duties provided by the
95	93		general law of this state, including Chapters 49 and 54, Water Code,
96	94		applicable to municipal utility districts created under Section 59,
97	95		Article XVI, Texas Constitution.
98	96		Sec. 7921.103. AUTHORITY FOR ROAD PROJECTS. Under Section
99	97		52, Article III, Texas Constitution, the district may design,
100	98		acquire, construct, finance, issue bonds for, improve, operate,
101	99		maintain, and convey to this state, a county, or a municipality for
102	100		operation and maintenance macadamized, graveled, or paved roads, or
103	101		improvements, including storm drainage, in aid of those roads.
104	102		Sec. 7921.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	103		road project must meet all applicable construction standards,
106	104		zoning and subdivision requirements, and regulations of each
107	105		municipality in whose corporate limits or extraterritorial
108	106		jurisdiction the road project is located.
109	107		(b) If a road project is not located in the corporate limits
110	108		or extraterritorial jurisdiction of a municipality, the road
111	109		project must meet all applicable construction standards,
112	110		subdivision requirements, and regulations of each county in which
113	111		the road project is located.
114	112		(c) If the state will maintain and operate the road, the
115	113		Texas Transportation Commission must approve the plans and
116	114		specifications of the road project.
117	115		Sec. 7921.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
118	116		OR RESOLUTION. The district shall comply with all applicable
119	117		requirements of any ordinance or resolution that is adopted under
120	118		Section 54.016 or 54.0165, Water Code, and that consents to the
121	119		creation of the district or to the inclusion of land in the
122	120		district.
123	121		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
124	122		Sec. 7921.151. ELECTIONS REGARDING TAXES OR BONDS.
125	123		(a) The district may issue, without an election, bonds and other
126	124		obligations secured by:
127	125		(1) revenue other than ad valorem taxes; or
128	126		(2) contract payments described by Section 7921.153.
129	127		(b) The district must hold an election in the manner
130	128		provided by Chapters 49 and 54, Water Code, to obtain voter approval
131	129		before the district may impose an ad valorem tax or issue bonds
132	130		payable from ad valorem taxes.
133	131		(c) The district may not issue bonds payable from ad valorem
134	132		taxes to finance a road project unless the issuance is approved by a
135	133		vote of a two-thirds majority of the district voters voting at an
136	134		election held for that purpose.
137	135		Sec. 7921.152. OPERATION AND MAINTENANCE TAX. (a) If
138	136		authorized at an election held under Section 7921.151, the district
139	137		may impose an operation and maintenance tax on taxable property in
140	138		the district in accordance with Section 49.107, Water Code.
141	139		(b) The board shall determine the tax rate. The rate may not
142	140		exceed the rate approved at the election.
143	141		Sec. 7921.153. CONTRACT TAXES. (a) In accordance with
144	142		Section 49.108, Water Code, the district may impose a tax other than
145	143		an operation and maintenance tax and use the revenue derived from
146	144		the tax to make payments under a contract after the provisions of
147	145		the contract have been approved by a majority of the district voters
148	146		voting at an election held for that purpose.
149	147		(b) A contract approved by the district voters may contain a
150	148		provision stating that the contract may be modified or amended by
151	149		the board without further voter approval.
152	150		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
153	151		Sec. 7921.201. AUTHORITY TO ISSUE BONDS AND OTHER
154	152		OBLIGATIONS. The district may issue bonds or other obligations
155	153		payable wholly or partly from ad valorem taxes, impact fees,
156	154		revenue, contract payments, grants, or other district money, or any
157	155		combination of those sources, to pay for any authorized district
158	156		purpose.
159	157		Sec. 7921.202. TAXES FOR BONDS. At the time the district
160	158		issues bonds payable wholly or partly from ad valorem taxes, the
161	159		board shall provide for the annual imposition of a continuing
162	160		direct ad valorem tax, without limit as to rate or amount, while all
163	161		or part of the bonds are outstanding as required and in the manner
164	162		provided by Sections 54.601 and 54.602, Water Code.
165	163		Sec. 7921.203. BONDS FOR ROAD PROJECTS. At the time of
166	164		issuance, the total principal amount of bonds or other obligations
167	165		issued or incurred to finance road projects and payable from ad
168	166		valorem taxes may not exceed one-fourth of the assessed value of the
169	167		real property in the district.
170	168		SECTION 2. The Montgomery County Municipal Utility District
171	169		No. 148 initially includes all the territory contained in the
172	170		following area:
173	171		All that certain 82.91 acres of land, in the A. M. Folks Survey,
174	172		A-215, and the John Dorsey, A-174, Montgomery County, Texas, being
175	173		a portion of the 93.0689 acre residue tract of the 164.9807 acre
176	174		Partition tract described in the deed to Jonathan Thornberry
177	175		recorded under Montgomery County Clerk's File Number 9361507 of the
178	176		Official Public Records of Real Property of Montgomery County,
179	177		Texas, being more particularly described by metes and bounds as
180	178		follows with bearings based on the Texas Coordinate System of 1983,
181	179		Central Zone:
182	180		BEGINNING at a 5/8 inch iron rod found for the northeast corner of
183	181		said 93.0689 acre tract, common to the northwest corner of the
184	182		56.904 acre tract described in deed to Long Street, L.L.C. from
185	183		Henry T. Brooks recorded under Montgomery County Clerk's File
186	184		Number 2012095116, of the Official Public Records of Real Property
187	185		of Montgomery County, Texas, in the south line of the 538.209 acre
188	186		tract described in the deed to Land Barons XX-Conroe recorded in
189	187		Volume 808, Page 578 of the Montgomery County Deed Records;
190	188		THENCE South 17° 45' 51" East - 1520.62 feet, with an east line of
191	189		said 93.0689 acre tract, common to the east line of said 56.904 acre
192	190		tract and the west line of the 15.000 acre tract described in the
193	191		deed from Henry T. Brooks and Billie F. Brooks to Proformance, Inc.
194	192		recorded under Montgomery County Clerk's File Number 2002133498, of
195	193		the Official Public Records of Real Property of Montgomery County,
196	194		Texas, to the most easterly southeast corner of the herein
197	195		described tract, common to the northeast corner of the 10.00 acre
198	196		tract described in the deed from Jerel J. Hill to Living Word
199	197		Assembly of God of Conroe, Inc. recorded under Montgomery County
200	198		Clerk's File Number 9514320, of the Official Public Records of Real
201	199		Property of Montgomery County, Texas, from which a found 1/2 inch
202	200		iron rod bears North 46 15' 19" East - 0.84 feet;
203	201		THENCE South 72° 14' 30" West - 399.89 feet, with the north line of
204	202		said 10.00 acre tract to a 5/8 inch iron rod found for an angle
205	203		corner of the herein described tract, common to the northwest
206	204		corner of said 10.00 acre tract, from which a found 1/2 inch iron
207	205		rod bears North 87° 12' 00" East - 1.51 feet;
208	206		THENCE South 17° 45' 30" East - 1090.57 feet, with the west line of
209	207		said 10.00 acre tract to the most southerly southeast corner of the
210	208		herein described tract, common to the southwest corner of said
211	209		10.00 acre tract, in the north right-of-way line of Loop 336 (150'
212	210		R.O.W.), from which a found 1/2 inch iron rod bears
213	211		North 79° 11' 13" East - 1.63 feet;
214	212		THENCE South 71° 45' 56" West - 380.09 feet, with the north
215	213		right-of-way line of said Loop 336, to a 5/8 inch iron rod found for
216	214		the Point of Curvature of a curve to the left;
217	215		THENCE in a southwesterly direction, continuing with said north
218	216		right-of-way line, along said curve to the left, having a central
219	217		angle of 12° 56' 20", a chord bearing and distance of South 65° 17'
220	218		46" West - 663.62 feet, a radius of 2944.90 feet, an arc distance of
221	219		665.04 feet to a 5/8 inch iron rod found for the most southerly
222	220		southwest corner of the herein described tract, common to the
223	221		southwest corner of said 93.0689 acre tract and the southeast
224	222		corner of the 29.197 acre tract described as Tract V in the deed
225	223		from Conroe Parks Foundation, Inc. to Al Stewart, Trustee recorded
226	224		under Montgomery County Clerk's File Number 2005-061027, of the
227	225		Official Public Records of Real Property of Montgomery County,
228	226		Texas;
229	227		THENCE North 17° 43' 38" West - 984.39 feet, with a west line of
230	228		said 93.0689 acre tract, common to the east line of said 29.197 acre
231	229		tract, to an angle corner of the herein described tract, common to
232	230		an angle corner of said 93.0689 acre tract and the northeast corner
233	231		of said 29.197 acre tract;
234	232		THENCE South 71° 36' 50" West - 361.03 feet, with a south line of
235	233		said 93.0689 acre tract, common to the north line of said 29.197
236	234		acre tract, to an angle corner of the herein described tract, in the
237	235		centerline of Little Caney Creek;
238	236		THENCE with the centerline meanders of Little Caney Creek the
239	237		following (29) twenty-nine courses and distances:
240	238		North 03° 03' 51" West - 52.47 feet to an angle corner of the
241	239		herein described tract;
242	240		North 66° 24' 47" West - 41.80 feet to an angle corner of the
243	241		herein described tract;
244	242		North 12° 29' 51" West - 17.49 feet to an angle corner of the
245	243		herein described tract;
246	244		North 41° 05' 34" East - 45.82 feet to an angle corner of the
247	245		herein described tract;
248	246		North 07° 13' 07" East - 12.93 feet to an angle corner of the
249	247		herein described tract;
250	248		North 46° 08' 56" West - 59.04 feet to an angle corner of the
251	249		herein described tract;
252	250		North 02° 24' 21" West - 70.14 feet to an angle corner of the
253	251		herein described tract;
254	252		North 26° 18' 57" East - 34.57 feet to an angle corner of the
255	253		herein described tract;
256	254		North 07° 09' 40" West - 28.66 feet to an angle corner of the
257	255		herein described tract;
258	256		North 24° 28' 33" West - 49.25 feet to an angle corner of the
259	257		herein described tract;
260	258		North 16° 19' 11" East - 45.42 feet to an angle corner of the
261	259		herein described tract;
262	260		North 05° 22' 51" East - 48.13 feet to an angle corner of the
263	261		herein described tract;
264	262		North 31° 51' 20" West - 44.89 feet to an angle corner of the
265	263		herein described tract;
266	264		North 64° 34' 21" West - 25.73 feet to an angle corner of the
267	265		herein described tract;
268	266		North 05° 34' 25" West - 56.32 feet to an angle corner of the
269	267		herein described tract;
270	268		North 11° 31' 43" West - 39.97 feet to an angle corner of the
271	269		herein described tract;
272	270		North 19° 20' 05" East - 55.07 feet to an angle corner of the
273	271		herein described tract;
274	272		North 12° 22' 13" West - 37.23 feet to an angle corner of the
275	273		herein described tract;
276	274		North 12° 33' 04" East - 67.16 feet to an angle corner of the
277	275		herein described tract;
278	276		North 00° 06' 31" West - 64.48 feet to an angle corner of the
279	277		herein described tract;
280	278		North 24° 26' 14" West - 13.94 feet to an angle corner of the
281	279		herein described tract;
282	280		North 04° 37' 44" East - 79.92 feet to an angle corner of the
283	281		herein described tract;
284	282		North 35° 04' 05" East - 49.14 feet to an angle corner of the
285	283		herein described tract;
286	284		North 05° 22' 59" West - 59.03 feet to an angle corner of the
287	285		herein described tract;
288	286		North 29° 08' 10" West - 87.95 feet to an angle corner of the
289	287		herein described tract;
290	288		North 39° 59' 31" East - 57.02 feet to an angle corner of the
291	289		herein described tract;
292	290		North 20° 59' 46" East - 59.93 feet to an angle corner of the
293	291		herein described tract;
294	292		North 21° 59' 30" East - 72.85 feet to an angle corner of the
295	293		herein described tract;
296	294		North 00° 15' 24" West - 9.12 feet to an angle corner of the herein
297	295		described tract, in the west line of said 93.0689 acre tract, common
298	296		to the east line of SOUTHERN OAKS, SEC. 2, recorded under Cab. A,
299	297		Sheet 30A, in the Map Records of Montgomery County, Texas;
300	298		THENCE North 17° 43' 38" West - 502.80 feet, with the west line of
301	299		said 93.0689 acre tract, the east line of said SOUTHERN OAKS, SEC. 2
302	300		and the west line of CONROE MEMORIAL CEMETARY, recorded under Cab.
303	301		T, Sheets 89-94, in the Map Records of Montgomery County, Texas, to
304	302		a 5/8 inch iron rod found for the northwest corner of the herein
305	303		described tract, common to the northwest corner of said 93.0689
306	304		acre tract, from which a found 1/2 inch iron rod bears
307	305		South 44° 25' 04" West - 1.42 feet;
308	306		THENCE North 71° 33' 14" East - 1437.22 feet, with the north line of
309	307		said 93.0689 acre tract, common to the south line of said 538.209
310	308		acre tract to the POINT OF BEGINNING and containing 82.91 acres of
311	309		land.
312	310		SECTION 3. (a) The legal notice of the intention to
313	311		introduce this Act, setting forth the general substance of this
314	312		Act, has been published as provided by law, and the notice and a
315	313		copy of this Act have been furnished to all persons, agencies,
316	314		officials, or entities to which they are required to be furnished
317	315		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
318	316		Government Code.
319	317		(b) The governor, one of the required recipients, has
320	318		submitted the notice and Act to the Texas Commission on
321	319		Environmental Quality.
322	320		(c) The Texas Commission on Environmental Quality has filed
323	321		its recommendations relating to this Act with the governor, the
324	322		lieutenant governor, and the speaker of the house of
325	323		representatives within the required time.
326	324		(d) All requirements of the constitution and laws of this
327	325		state and the rules and procedures of the legislature with respect
328	326		to the notice, introduction, and passage of this Act are fulfilled
329	327		and accomplished.
330	328		SECTION 4. (a) If this Act does not receive a two-thirds
331	329		vote of all the members elected to each house, Subchapter C, Chapter
332	330		7921, Special District Local Laws Code, as added by Section 1 of
333	331		this Act, is amended by adding Section 7921.106 to read as follows:
334	332		Sec. 7921.106. NO EMINENT DOMAIN POWER. The district may
335	333		not exercise the power of eminent domain.
336	334		(b) This section is not intended to be an expression of a
337	335		legislative interpretation of the requirements of Section 17(c),
338	336		Article I, Texas Constitution.
339	337		SECTION 5. This Act takes effect immediately if it receives
340	338		a vote of two-thirds of all the members elected to each house, as
341	339		provided by Section 39, Article III, Texas Constitution. If this
342	340		Act does not receive the vote necessary for immediate effect, this
343	341		Act takes effect September 1, 2015.
	342	+	______________________________ ______________________________
	343	+	President of the Senate Speaker of the House
	344	+	I hereby certify that S.B. No. 2056 passed the Senate on
	345	+	May 8, 2015, by the following vote: Yeas 29, Nays 1, one present
	346	+	not voting.
	347	+	______________________________
	348	+	Secretary of the Senate
	349	+	I hereby certify that S.B. No. 2056 passed the House on
	350	+	May 22, 2015, by the following vote: Yeas 140, Nays 0, two
	351	+	present not voting.
	352	+	______________________________
	353	+	Chief Clerk of the House
	354	+	Approved:
	355	+	______________________________
	356	+	Date
	357	+	______________________________
	358	+	Governor