Texas 2017 - 85th Regular

Texas House Bill HB2624 Compare Versions

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1	1	85R10835 SLB-F
2	2	By: Bell H.B. No. 2624
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	relating to the creation of the Montgomery County Municipal Utility
7	7	District No. 157; granting a limited power of eminent domain;
8	8	providing authority to issue bonds; providing authority to impose
9	9	assessments, fees, and taxes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 7985 to read as follows:
13	13	CHAPTER 7985. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
14	14	No. 157
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7985.001. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Montgomery County Municipal
22	22	Utility District No. 157.
23	23	Sec. 7985.002. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 7985.003. CONFIRMATION AND DIRECTORS' ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 7985.004. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section 7985.003
32	32	until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 7985.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
37	37	The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 7985.006. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 7985.051. GOVERNING BODY; TERMS. (a) The district is
60	60	governed by a board of five elected directors.
61	61	(b) Except as provided by Section 7985.052, directors serve
62	62	staggered four-year terms.
63	63	Sec. 7985.052. TEMPORARY DIRECTORS. (a) On or after
64	64	September 1, 2017, the owner or owners of a majority of the assessed
65	65	value of the real property in the district may submit a petition to
66	66	the commission requesting that the commission appoint as temporary
67	67	directors the five persons named in the petition. The commission
68	68	shall appoint as temporary directors the five persons named in the
69	69	petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 7985.003; or
73	73	(2) September 1, 2021.
74	74	(c) If permanent directors have not been elected under
75	75	Section 7985.003 and the terms of the temporary directors have
76	76	expired, successor temporary directors shall be appointed or
77	77	reappointed as provided by Subsection (d) to serve terms that
78	78	expire on the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 7985.003; or
81	81	(2) the fourth anniversary of the date of the
82	82	appointment or reappointment.
83	83	(d) If Subsection (c) applies, the owner or owners of a
84	84	majority of the assessed value of the real property in the district
85	85	may submit a petition to the commission requesting that the
86	86	commission appoint as successor temporary directors the five
87	87	persons named in the petition. The commission shall appoint as
88	88	successor temporary directors the five persons named in the
89	89	petition.
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 7985.101. GENERAL POWERS AND DUTIES. The district has
92	92	the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 7985.102. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 7985.103. AUTHORITY FOR ROAD PROJECTS. Under Section
100	100	52, Article III, Texas Constitution, the district may design,
101	101	acquire, construct, finance, issue bonds for, improve, operate,
102	102	maintain, and convey to this state, a county, or a municipality for
103	103	operation and maintenance macadamized, graveled, or paved roads, or
104	104	improvements, including storm drainage, in aid of those roads.
105	105	Sec. 7985.104. ROAD STANDARDS AND REQUIREMENTS. (a) A road
106	106	project must meet all applicable construction standards, zoning and
107	107	subdivision requirements, and regulations of each municipality in
108	108	whose corporate limits or extraterritorial jurisdiction the road
109	109	project is located.
110	110	(b) If a road project is not located in the corporate limits
111	111	or extraterritorial jurisdiction of a municipality, the road
112	112	project must meet all applicable construction standards,
113	113	subdivision requirements, and regulations of each county in which
114	114	the road project is located.
115	115	(c) If the state will maintain and operate the road, the
116	116	Texas Transportation Commission must approve the plans and
117	117	specifications of the road project.
118	118	Sec. 7985.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
119	119	OR RESOLUTION. The district shall comply with all applicable
120	120	requirements of any ordinance or resolution that is adopted under
121	121	Section 54.016 or 54.0165, Water Code, and that consents to the
122	122	creation of the district or to the inclusion of land in the
123	123	district.
124	124	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
125	125	Sec. 7985.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
126	126	district may issue, without an election, bonds and other
127	127	obligations secured by:
128	128	(1) revenue other than ad valorem taxes; or
129	129	(2) contract payments described by Section 7985.153.
130	130	(b) The district must hold an election in the manner
131	131	provided by Chapters 49 and 54, Water Code, to obtain voter approval
132	132	before the district may impose an ad valorem tax or issue bonds
133	133	payable from ad valorem taxes.
134	134	(c) The district may not issue bonds payable from ad valorem
135	135	taxes to finance a road project unless the issuance is approved by a
136	136	vote of a two-thirds majority of the district voters voting at an
137	137	election held for that purpose.
138	138	Sec. 7985.152. OPERATION AND MAINTENANCE TAX. (a) If
139	139	authorized at an election held under Section 7985.151, the district
140	140	may impose an operation and maintenance tax on taxable property in
141	141	the district in accordance with Section 49.107, Water Code.
142	142	(b) The board shall determine the tax rate. The rate may not
143	143	exceed the rate approved at the election.
144	144	Sec. 7985.153. CONTRACT TAXES. (a) In accordance with
145	145	Section 49.108, Water Code, the district may impose a tax other than
146	146	an operation and maintenance tax and use the revenue derived from
147	147	the tax to make payments under a contract after the provisions of
148	148	the contract have been approved by a majority of the district voters
149	149	voting at an election held for that purpose.
150	150	(b) A contract approved by the district voters may contain a
151	151	provision stating that the contract may be modified or amended by
152	152	the board without further voter approval.
153	153	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	154	Sec. 7985.201. AUTHORITY TO ISSUE BONDS AND OTHER
155	155	OBLIGATIONS. The district may issue bonds or other obligations
156	156	payable wholly or partly from ad valorem taxes, impact fees,
157	157	revenue, contract payments, grants, or other district money, or any
158	158	combination of those sources, to pay for any authorized district
159	159	purpose.
160	160	Sec. 7985.202. TAXES FOR BONDS. At the time the district
161	161	issues bonds payable wholly or partly from ad valorem taxes, the
162	162	board shall provide for the annual imposition of a continuing
163	163	direct ad valorem tax, without limit as to rate or amount, while all
164	164	or part of the bonds are outstanding as required and in the manner
165	165	provided by Sections 54.601 and 54.602, Water Code.
166	166	Sec. 7985.203. BONDS FOR ROAD PROJECTS. At the time of
167	167	issuance, the total principal amount of bonds or other obligations
168	168	issued or incurred to finance road projects and payable from ad
169	169	valorem taxes may not exceed one-fourth of the assessed value of the
170	170	real property in the district.
171	171	SECTION 2. The Montgomery County Municipal Utility District
172	172	No. 157 initially includes all the territory contained in the
173	173	following area:
174	174	Tract One
175	175	Being 10.28 acres of land located in the S.S. Prosser, Jr. &
176	176	W.T. Williams Survey, Abstract 839, Montgomery County, Texas, more
177	177	particularly being a portion of that certain called 92.37 acre
178	178	tract (referred to as Tract 4)conveyed to Pilot Land Acquisitions,
179	179	LLC by an instrument of record in Document Number 2016040394 of the
180	180	Official Public Records of said Montgomery County, (M.C.O.P.R.),
181	181	said 10.28 acre tract being more particularly described by metes
182	182	and bounds as follows (Bearings based on Texas Coordinate System,
183	183	Central Zone, NAD83 (NA2011) Epoch 2010.00);
184	184	COMMENCING for reference at a 5/8-inch iron rod with cap
185	185	stamped "LJA ENG" found for the northwest corner of said 92.32 acre
186	186	tract, on the westerly line of said S.S. Prosser, Jr. & W.T.
187	187	Williams Survey, on the easterly line of the John Bricker Survey,
188	188	Abstract 98 of said Montgomery County and on the southerly
189	189	right-of-way line of SH 242 (width varies), from which a found TxDOT
190	190	aluminum disk bears South 87° 16' 44" West, 6.37 feet;
191	191	Thence, South 33° 27' 38" East along the common westerly line
192	192	of said S.S. Prosser, Jr. & W.T. Williams Survey and the easterly
193	193	line of said John Bricker Survey and the westerly line of said 92.32
194	194	acre tract, 1,347.33 feet to the POINT OF BEGINNING of the herein
195	195	described tract;
196	196	Thence, South 50° 25' 47" East, departing said common survey
197	197	line and the westerly line of said 92.32 acre tract, 1,769.32 feet
198	198	to a point for corner;
199	199	Thence, South 39° 19' 53" West, 65.00 feet to a point for
200	200	corner;
201	201	Thence, South 55° 39' 41" West, 454.35 feet to a point for
202	202	corner on said common survey line and the westerly line of said
203	203	92.37 acre tract;
204	204	Thence, North 33° 27' 38" West, along said common survey line
205	205	and the westerly line of said 92.37 acre tract, 1,718.48 feet to the
206	206	POINT OF BEGINNING and containing 10.28 acres of land.
207	207	Tract Two
208	208	Being 8.24 acres of land located in the Benjamin B. Foster
209	209	Survey, Abstract 785, Montgomery County, Texas, more particularly
210	210	being a portion of that certain called 772.7 acre tract (described
211	211	as Tract 3) conveyed to Pilot Land Acquisitions, LLC by an
212	212	instrument of record in Document Number 2016040394 of the Official
213	213	Public Records of said Montgomery County, (M.C.O.P.R.), said 8.24
214	214	acre tract being more particularly described by metes and bounds as
215	215	follows (Bearings based on Texas Coordinate System, Central Zone,
216	216	NAD83 (NA2011) Epoch 2010.00);
217	217	COMMENCING for reference at the northeast corner of said
218	218	772.7 acre tract and the northwest corner of that certain called
219	219	35.3982 acre tract conveyed to Lizbeth Camarena by an instrument of
220	220	record under File Number 2007-096820, M.C.O.P.R.R.P., said point
221	221	being on the common survey line of said Benjamin B. Foster Survey
222	222	and the T. & N. O. R.R. Co. Survey, Abstract 575 and on the southerly
223	223	right-of-way line of SH 242 (width varies) of record in File Number,
224	224	9334641, of the Official Public Records of Real Property of
225	225	Montgomery County, Texas (M.C.O.P.R.R.P.), from which point a found
226	226	5/8-inch iron rod with aluminum cap bears South 06° 07' 13" East,
227	227	0.73 feet and a found 5/8-inch iron rod with cap bears South 30° 00'
228	228	06" East, 0.92 feet;
229	229	Thence, South 02° 52' 43" East, departing the southerly
230	230	right-of-way of said SH 242 and with the westerly line of said
231	231	35.3982 acre tract, with the east line of said 772.7 acre tract and
232	232	the common survey line of said Benjamin B. Foster Survey and the T. &
233	233	N. O. R.R. Co. Survey, Abstract 575, 954.95 feet to a point for the
234	234	common west corner of the T. & N. O. R.R. Co. Survey, Abstract 575
235	235	and the W. C. Clark Survey, Abstract 732, from which a found
236	236	3/4-inch iron rod bears North 47° 33' 10" West, 0.51 feet, a found
237	237	bent 1-3/4-inch iron pipe bears North 65° 45' 37" East, 0.31 feet,
238	238	and a found 2-inch bolt bears South 10° 23' 51" West, 3.08 feet;
239	239	Thence, South 02° 56' 30" East, continuing with the east line
240	240	of said 772.7 acre tract and the westerly line of said 35.3982 acre
241	241	tract, at 1,233.55 feet pass a found 1/2-inch iron rod, continuing
242	242	in all a total distance of 1,251.02 feet to the POINT OF BEGINNING
243	243	of the herein described tract;
244	244	Thence, South 02° 56' 30" East, continuing with the east line
245	245	of said 772.7 acre tract and the westerly line of said 35.3982 acre
246	246	tract 305.11 feet to a 2-inch bolt found for the common west corner
247	247	of said 35.3982 acre tract and that certain called 31.8059 acre
248	248	tract conveyed to Kennen Layne Byler by an instrument of record
249	249	under File Number 9898892, M.C.O.P.R.R.P;
250	250	Thence, South 02° 44' 06" East, continuing with the east line
251	251	of said 772.7 acre tract and with the westerly line of said 31.8059
252	252	acre tract and the west line of that certain called 4.1 acre tract
253	253	(described as Second Tract) conveyed to Craig L. Reddehase,
254	254	Jacqueline Baldwin, and Jay Scott Reddehase by an instrument of
255	255	record under File Number 2012110356, M.C.O.P.R.R.P., and the west
256	256	line of that certain called 4.1 acre tract (described as Second
257	257	Tract) conveyed to Jessie Ruth Clark by an instrument of record
258	258	under File Number 9815647, M.C.O.P.R.R.P., 721.70 feet to the
259	259	southeast corner of the aforementioned 3.034 acre tract;
260	260	Thence, North 73° 16' 47" West, departing the east line of
261	261	said 772.7 acre tract and the common survey line of said Benjamin B.
262	262	Foster Survey and the W. C. Clark Survey and the west line of said
263	263	4.1 acre tract (described as Second Tract) conveyed to Jessie Ruth
264	264	Clark by an instrument of record under said File Number 9815647,
265	265	M.C.O.P.R.R.P., 491.26 feet to the southwest corner of said 3.034
266	266	acre tract;
267	267	Thence, North 17° 44' 04" East, 501.39 feet to a point for
268	268	corner;
269	269	Thence, North 25° 07' 06" West, 423.27 feet to a point for
270	270	corner;
271	271	Thence, North 86° 59' 56" East, 447.96 feet to the POINT OF
272	272	BEGINNING and containing 8.24 acres of land.
273	273	Said Tract One (10.28) and Tract Two (8.24 acres) being a
274	274	total of 18.52 acres of land.
275	275	SECTION 3. (a) The legal notice of the intention to
276	276	introduce this Act, setting forth the general substance of this
277	277	Act, has been published as provided by law, and the notice and a
278	278	copy of this Act have been furnished to all persons, agencies,
279	279	officials, or entities to which they are required to be furnished
280	280	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
281	281	Government Code.
282	282	(b) The governor, one of the required recipients, has
283	283	submitted the notice and Act to the Texas Commission on
284	284	Environmental Quality.
285	285	(c) The Texas Commission on Environmental Quality has filed
286	286	its recommendations relating to this Act with the governor, the
287	287	lieutenant governor, and the speaker of the house of
288	288	representatives within the required time.
289	289	(d) All requirements of the constitution and laws of this
290	290	state and the rules and procedures of the legislature with respect
291	291	to the notice, introduction, and passage of this Act are fulfilled
292	292	and accomplished.
293	293	SECTION 4. (a) If this Act does not receive a two-thirds
294	294	vote of all the members elected to each house, Subchapter C, Chapter
295	295	7985, Special District Local Laws Code, as added by Section 1 of
296	296	this Act, is amended by adding Section 7985.106 to read as follows:
297	297	Sec. 7985.106. NO EMINENT DOMAIN POWER. The district may
298	298	not exercise the power of eminent domain.
299	299	(b) This section is not intended to be an expression of a
300	300	legislative interpretation of the requirements of Section 17(c),
301	301	Article I, Texas Constitution.
302	302	SECTION 5. This Act takes effect September 1, 2017.