Texas 2017 - 85th Regular

Texas Senate Bill SB1118 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Creighton S.B. No. 1118
2		-	(Bell)
	1	+	S.B. No. 1118
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		relating to the creation of the Blaketree Municipal Utility
7	5		District No. 2 of Montgomery County; granting a limited power of
8	6		eminent domain; providing authority to issue bonds; providing
9	7		authority to impose 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 7972 to read as follows:
13	11		CHAPTER 7972. BLAKETREE MUNICIPAL UTILITY DISTRICT NO. 2 OF
14	12		MONTGOMERY COUNTY
15	13		SUBCHAPTER A. GENERAL PROVISIONS
16	14		Sec. 7972.001. DEFINITIONS. In this chapter:
17	15		(1) "Board" means the district's board of directors.
18	16		(2) "Commission" means the Texas Commission on
19	17		Environmental Quality.
20	18		(3) "Director" means a board member.
21	19		(4) "District" means the Blaketree Municipal Utility
22	20		District No. 2 of Montgomery County.
23	21		Sec. 7972.002. NATURE OF DISTRICT. The district is a
24	22		municipal utility district created under Section 59, Article XVI,
25	23		Texas Constitution.
26	24		Sec. 7972.003. CONFIRMATION AND DIRECTORS' ELECTION
27	25		REQUIRED. The temporary directors shall hold an election to
28	26		confirm the creation of the district and to elect five permanent
29	27		directors as provided by Section 49.102, Water Code.
30	28		Sec. 7972.004. CONSENT OF MUNICIPALITY REQUIRED. The
31	29		temporary directors may not hold an election under Section 7972.003
32	30		until each municipality in whose corporate limits or
33	31		extraterritorial jurisdiction the district is located has
34	32		consented by ordinance or resolution to the creation of the
35	33		district and to the inclusion of land in the district.
36	34		Sec. 7972.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	35		(a) The district is created to serve a public purpose and benefit.
38	36		(b) The district is created to accomplish the purposes of:
39	37		(1) a municipal utility district as provided by
40	38		general law and Section 59, Article XVI, Texas Constitution; and
41	39		(2) Section 52, Article III, Texas Constitution, that
42	40		relate to the construction, acquisition, improvement, operation,
43	41		or maintenance of macadamized, graveled, or paved roads, or
44	42		improvements, including storm drainage, in aid of those roads.
45	43		Sec. 7972.006. INITIAL DISTRICT TERRITORY. (a) The
46	44		district is initially composed of the territory described by
47	45		Section 2 of the Act enacting this chapter.
48	46		(b) The boundaries and field notes contained in Section 2 of
49	47		the Act enacting this chapter form a closure. A mistake made in the
50	48		field notes or in copying the field notes in the legislative process
51	49		does not affect the district's:
52	50		(1) organization, existence, or validity;
53	51		(2) right to issue any type of bond for the purposes
54	52		for which the district is created or to pay the principal of and
55	53		interest on a bond;
56	54		(3) right to impose a tax; or
57	55		(4) legality or operation.
58	56		SUBCHAPTER B. BOARD OF DIRECTORS
59	57		Sec. 7972.051. GOVERNING BODY; TERMS. (a) The district is
60	58		governed by a board of five elected directors.
61	59		(b) Except as provided by Section 7972.052, directors serve
62	60		staggered four-year terms.
63	61		Sec. 7972.052. TEMPORARY DIRECTORS. (a) On or after
64	62		September 1, 2017, the owner or owners of a majority of the assessed
65	63		value of the real property in the district may submit a petition to
66	64		the commission requesting that the commission appoint as temporary
67	65		directors the five persons named in the petition. The commission
68	66		shall appoint as temporary directors the five persons named in the
69	67		petition.
70	68		(b) Temporary directors serve until the earlier of:
71	69		(1) the date permanent directors are elected under
72	70		Section 7972.003; or
73	71		(2) September 1, 2021.
74	72		(c) If permanent directors have not been elected under
75	73		Section 7972.003 and the terms of the temporary directors have
76	74		expired, successor temporary directors shall be appointed or
77	75		reappointed as provided by Subsection (d) to serve terms that
78	76		expire on the earlier of:
79	77		(1) the date permanent directors are elected under
80	78		Section 7972.003; or
81	79		(2) the fourth anniversary of the date of the
82	80		appointment or reappointment.
83	81		(d) If Subsection (c) applies, the owner or owners of a
84	82		majority of the assessed value of the real property in the district
85	83		may submit a petition to the commission requesting that the
86	84		commission appoint as successor temporary directors the five
87	85		persons named in the petition. The commission shall appoint as
88	86		successor temporary directors the five persons named in the
89	87		petition.
90	88		SUBCHAPTER C. POWERS AND DUTIES
91	89		Sec. 7972.101. GENERAL POWERS AND DUTIES. The district has
92	90		the powers and duties necessary to accomplish the purposes for
93	91		which the district is created.
94	92		Sec. 7972.102. MUNICIPAL UTILITY DISTRICT POWERS AND
95	93		DUTIES. The district has the powers and duties provided by the
96	94		general law of this state, including Chapters 49 and 54, Water Code,
97	95		applicable to municipal utility districts created under Section 59,
98	96		Article XVI, Texas Constitution.
99	97		Sec. 7972.103. AUTHORITY FOR ROAD PROJECTS. Under Section
100	98		52, Article III, Texas Constitution, the district may design,
101	99		acquire, construct, finance, issue bonds for, improve, operate,
102	100		maintain, and convey to this state, a county, or a municipality for
103	101		operation and maintenance macadamized, graveled, or paved roads, or
104	102		improvements, including storm drainage, in aid of those roads.
105	103		Sec. 7972.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	104		road project must meet all applicable construction standards,
107	105		zoning and subdivision requirements, and regulations of each
108	106		municipality in whose corporate limits or extraterritorial
109	107		jurisdiction the road project is located.
110	108		(b) If a road project is not located in the corporate limits
111	109		or extraterritorial jurisdiction of a municipality, the road
112	110		project must meet all applicable construction standards,
113	111		subdivision requirements, and regulations of each county in which
114	112		the road project is located.
115	113		(c) If the state will maintain and operate the road, the
116	114		Texas Transportation Commission must approve the plans and
117	115		specifications of the road project.
118	116		Sec. 7972.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
119	117		OR RESOLUTION. The district shall comply with all applicable
120	118		requirements of any ordinance or resolution that is adopted under
121	119		Section 54.016 or 54.0165, Water Code, and that consents to the
122	120		creation of the district or to the inclusion of land in the
123	121		district.
124	122		Sec. 7972.106. DIVISION OF DISTRICT. (a) The district may
125	123		be divided into two or more new districts only if the district:
126	124		(1) has no outstanding bonded debt; and
127	125		(2) is not imposing ad valorem taxes.
128	126		(b) This chapter applies to any new district created by the
129	127		division of the district, and a new district has all the powers and
130	128		duties of the district.
131	129		(c) Any new district created by the division of the district
132	130		may not, at the time the new district is created, contain any land
133	131		outside the area described by Section 2 of the Act enacting this
134	132		chapter.
135	133		(d) The board, on its own motion or on receipt of a petition
136	134		signed by the owner or owners of a majority of the assessed value of
137	135		the real property in the district, may adopt an order dividing the
138	136		district.
139	137		(e) The board may adopt an order dividing the district
140	138		before or after the date the board holds an election under Section
141	139		7972.003 to confirm the creation of the district.
142	140		(f) An order dividing the district shall:
143	141		(1) name each new district;
144	142		(2) include the metes and bounds description of the
145	143		territory of each new district;
146	144		(3) appoint temporary directors for each new district;
147	145		and
148	146		(4) provide for the division of assets and liabilities
149	147		between or among the new districts.
150	148		(g) On or before the 30th day after the date of adoption of
151	149		an order dividing the district, the district shall file the order
152	150		with the commission and record the order in the real property
153	151		records of each county in which the district is located.
154	152		(h) Any new district created by the division of the district
155	153		shall hold a confirmation and directors' election as required by
156	154		Section 7972.003.
157	155		(i) Any new district created by the division of the district
158	156		must hold an election as required by this chapter to obtain voter
159	157		approval before the district may impose a maintenance tax or issue
160	158		bonds payable wholly or partly from ad valorem taxes.
161	159		(j) Municipal consent to the creation of the district and to
162	160		the inclusion of land in the district granted under Section
163	161		7972.004 acts as municipal consent to the creation of any new
164	162		district created by the division of the district and to the
165	163		inclusion of land in the new district.
166	164		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
167	165		Sec. 7972.151. ELECTIONS REGARDING TAXES OR BONDS.
168	166		(a) The district may issue, without an election, bonds and other
169	167		obligations secured by:
170	168		(1) revenue other than ad valorem taxes; or
171	169		(2) contract payments described by Section 7972.153.
172	170		(b) The district must hold an election in the manner
173	171		provided by Chapters 49 and 54, Water Code, to obtain voter approval
174	172		before the district may impose an ad valorem tax or issue bonds
175	173		payable from ad valorem taxes.
176	174		(c) The district may not issue bonds payable from ad valorem
177	175		taxes to finance a road project unless the issuance is approved by a
178	176		vote of a two-thirds majority of the district voters voting at an
179	177		election held for that purpose.
180	178		Sec. 7972.152. OPERATION AND MAINTENANCE TAX. (a) If
181	179		authorized at an election held under Section 7972.151, the district
182	180		may impose an operation and maintenance tax on taxable property in
183	181		the district in accordance with Section 49.107, Water Code.
184	182		(b) The board shall determine the tax rate. The rate may not
185	183		exceed the rate approved at the election.
186	184		Sec. 7972.153. CONTRACT TAXES. (a) In accordance with
187	185		Section 49.108, Water Code, the district may impose a tax other than
188	186		an operation and maintenance tax and use the revenue derived from
189	187		the tax to make payments under a contract after the provisions of
190	188		the contract have been approved by a majority of the district voters
191	189		voting at an election held for that purpose.
192	190		(b) A contract approved by the district voters may contain a
193	191		provision stating that the contract may be modified or amended by
194	192		the board without further voter approval.
195	193		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
196	194		Sec. 7972.201. AUTHORITY TO ISSUE BONDS AND OTHER
197	195		OBLIGATIONS. The district may issue bonds or other obligations
198	196		payable wholly or partly from ad valorem taxes, impact fees,
199	197		revenue, contract payments, grants, or other district money, or any
200	198		combination of those sources, to pay for any authorized district
201	199		purpose.
202	200		Sec. 7972.202. TAXES FOR BONDS. At the time the district
203	201		issues bonds payable wholly or partly from ad valorem taxes, the
204	202		board shall provide for the annual imposition of a continuing
205	203		direct ad valorem tax, without limit as to rate or amount, while all
206	204		or part of the bonds are outstanding as required and in the manner
207	205		provided by Sections 54.601 and 54.602, Water Code.
208	206		Sec. 7972.203. BONDS FOR ROAD PROJECTS. At the time of
209	207		issuance, the total principal amount of bonds or other obligations
210	208		issued or incurred to finance road projects and payable from ad
211	209		valorem taxes may not exceed one-fourth of the assessed value of the
212	210		real property in the district.
213	211		SECTION 2. The Blaketree Municipal Utility District No. 2
214	212		of Montgomery County initially includes all the territory contained
215	213		in the following area:
216	214		A METES AND BOUNDS description of a certain 452.0 acre tract out of
217	215		the Noah Griffith Survey, Abstract No. 16, in Montgomery County,
218	216		Texas, being all of the remainder of a called 469.383 acre tract
219	217		(Parcel B) conveyed by Special Warranty Deed to Montgomery Land
220	218		Partners, LP, recorded in Document No. 201302469 of the Official
221	219		Public Records of Montgomery County (OPRMC); Said 452.0 acre tract
222	220		being more particularly described by metes and bounds as follows
223	221		with all bearings being based on the most southerly north line of
224	222		the Final Plat of Bluejack National Phase 1A having a record bearing
225	223		of South 88°24'00" West, recorded in Cabinet Z, Sheets 3074-3088,
226	224		File No. 2014-102281 of the Map Records of Montgomery County;
227	225		BEGINNING at a point-for-corner marking the northeast corner of
228	226		said 469.383 acre remainder tract being in the south right-of-way
229	227		of Moon Camp Road and the west right-of-way of Farm to Market
230	228		Highway 1486;
231	229		THENCE along said west right-of-way, being common with the easterly
232	230		lines of said 469.383 acre remainder tract, the following seven (7)
233	231		courses and distances:
234	232		1. South 03°45'09" East, 1051.73 feet to a point-for-corner
235	233		and the beginning of a curve to the right;
236	234		2. Along said curve to the right, having a radius of 1392.48
237	235		feet, an arc length of 886.26 feet, a delta angle of 36°28'00", a
238	236		chord bearing of South 14°28'51" West, and a chord length of 871.38
239	237		feet, to a point-for-corner marking a point of tangency;
240	238		3. South 32°42'51" West, 1622.60 feet to a point-for-corner;
241	239		4. North 57°17'09" West, 10.00 feet to a point-for-corner;
242	240		5. South 32°42'51" West, 539.35 feet to a point-for-corner
243	241		and the beginning of a curve to the left;
244	242		6. Along said curve to the left, having a radius of 1482.48
245	243		feet, an arc length of 910.29 feet, a delta angle of 35°10'53" a
246	244		chord bearing of South 15°07'24" West, and a chord length of 896.06
247	245		feet, to a point-for-corner marking a point of tangency;
248	246		7. South 02°28'07" East, 1569.03 feet to a point-for-corner
249	247		marking the southeast corner of said 469.383 acre remainder tract
250	248		being common with the most easterly northeast corner of
251	249		aforementioned Final Plat of Bluejack National Phase 1A and being
252	250		in the west right-of-way of Farm to Market Highway 1486;
253	251		THENCE along the common lines of said 469.383 acre remainder tract
254	252		and said Final Plat of Bluejack National Phase 1A the following
255	253		three (3) courses and distances;
256	254		1. South 87°09'29" West, 100.00 feet to a point-for-corner;
257	255		2. North 02°28'41" West, 15.33 feet to a point-for-corner;
258	256		3. South 88°24'00" West, 3329.69 feet to a point-for-corner
259	257		marking the southwest corner of said 469.383 acre remainder tract;
260	258		THENCE along the common lines of said 469.383 acre remainder tract
261	259		and a called 4.945 acre tract conveyed by Special Warranty Deed to
262	260		The Bluejack Company, LLC recorded in Document No. 2016004704 of
263	261		the OPRMC the following three (3) courses and distances:
264	262		1. North 04°32'32" West, 4187.74 feet to a point-for-corner;
265	263		2. North 35°33'45" West, 115.14 feet to a point-for-corner
266	264		marking the beginning of a curve to the left;
267	265		3. Along said curve to the left, having a radius of 50.00
268	266		feet, an arc length of 45.78 feet, a delta angle of 52°27'52", a
269	267		chord bearing of North 67°22'48" West, and a chord length of 44.20
270	268		feet, to a point-for-corner marking a point of tangency and a
271	269		northwesterly corner of said 469.383 acre remainder tract;
272	270		THENCE North 03°36'45" West, along a northwesterly line of said
273	271		469.383 acre remainder tract, 76.30 feet to a point-for-corner
274	272		marking the most westerly northwest corner of said 469.383 acre
275	273		remainder tract;
276	274		THENCE North 87°16'11" East, along a north line of said 469.383 acre
277	275		remainder tract, 4097.69 feet to a point-for-corner marking an
278	276		interior corner of said 469.383 acre remainder tract;
279	277		THENCE North 02°40'00" West, along the most easterly west line of
280	278		said 469.383 acre remainder tract, 1590.96 feet to a
281	279		point-for-corner marking a north corner of said 469.383 acre tract
282	280		and being in aforementioned south right-of-way of Moon Camp Road;
283	281		THENCE along said south right-of-way of Moon Camp Road the
284	282		following eleven (11) courses and distances:
285	283		1. South 69°50'32" East, 4.92 feet to a point-for-corner;
286	284		2. South 84°21'10" East, 56.74 feet to a point-for-corner;
287	285		3. South 76°21'23" East, 36.53 feet to a point-for-corner;
288	286		4. South 80°18'36" East, 198.79 feet to a point-for-corner;
289	287		5. South 89°14'26" East, 215.50 feet to a point-for-corner;
290	288		6. North 86°14'44" East, 129.06 feet to a point-for-corner;
291	289		7. North 76°08'26" East, 6.64 feet to a point-for-corner;
292	290		8. North 80°26'42" East, 8.20 feet to a point-for-corner;
293	291		9. North 86°14'58" East, 20.60 feet to a point-for-corner;
294	292		10. North 78°56'24" East, 79.34 feet to a point-for-corner;
295	293		11. North 80°26'42" East, 604.86 feet to the POINT OF
296	294		BEGINNING, CONTAINING 452.0 acres of land.
297	295		SECTION 3. (a) The legal notice of the intention to
298	296		introduce this Act, setting forth the general substance of this
299	297		Act, has been published as provided by law, and the notice and a
300	298		copy of this Act have been furnished to all persons, agencies,
301	299		officials, or entities to which they are required to be furnished
302	300		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
303	301		Government Code.
304	302		(b) The governor, one of the required recipients, has
305	303		submitted the notice and Act to the Texas Commission on
306	304		Environmental Quality.
307	305		(c) The Texas Commission on Environmental Quality has filed
308	306		its recommendations relating to this Act with the governor, the
309	307		lieutenant governor, and the speaker of the house of
310	308		representatives within the required time.
311	309		(d) All requirements of the constitution and laws of this
312	310		state and the rules and procedures of the legislature with respect
313	311		to the notice, introduction, and passage of this Act are fulfilled
314	312		and accomplished.
315	313		SECTION 4. (a) If this Act does not receive a two-thirds
316	314		vote of all the members elected to each house, Subchapter C, Chapter
317	315		7972, Special District Local Laws Code, as added by Section 1 of
318	316		this Act, is amended by adding Section 7972.107 to read as follows:
319	317		Sec. 7972.107. NO EMINENT DOMAIN POWER. The district may
320	318		not exercise the power of eminent domain.
321	319		(b) This section is not intended to be an expression of a
322	320		legislative interpretation of the requirements of Section 17(c),
323	321		Article I, Texas Constitution.
324	322		SECTION 5. This Act takes effect September 1, 2017.
	323	+	______________________________ ______________________________
	324	+	President of the Senate Speaker of the House
	325	+	I hereby certify that S.B. No. 1118 passed the Senate on
	326	+	May 4, 2017, by the following vote: Yeas 31, Nays 0.
	327	+	______________________________
	328	+	Secretary of the Senate
	329	+	I hereby certify that S.B. No. 1118 passed the House on
	330	+	May 24, 2017, by the following vote: Yeas 140, Nays 6, two
	331	+	present not voting.
	332	+	______________________________
	333	+	Chief Clerk of the House
	334	+	Approved:
	335	+	______________________________
	336	+	Date
	337	+	______________________________
	338	+	Governor