Texas 2017 - 85th Regular

Texas Senate Bill SB1261 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Creighton S.B. No. 1261
2		-	(Bell)
	1	+	S.B. No. 1261
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. 157; 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 7985 to read as follows:
13	11		CHAPTER 7985. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
14	12		NO. 157
15	13		SUBCHAPTER A. GENERAL PROVISIONS
16	14		Sec. 7985.001. 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 Montgomery County Municipal
22	20		Utility District No. 157.
23	21		Sec. 7985.002. 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. 7985.003. 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. 7985.004. CONSENT OF MUNICIPALITY REQUIRED. The
31	29		temporary directors may not hold an election under Section 7985.003
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. 7985.005. 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. 7985.006. 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. 7985.051. 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 7985.052, directors serve
62	60		staggered four-year terms.
63	61		Sec. 7985.052. 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 7985.003; or
73	71		(2) September 1, 2021.
74	72		(c) If permanent directors have not been elected under
75	73		Section 7985.003 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 7985.003; 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. 7985.101. 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. 7985.102. 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. 7985.103. 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. 7985.104. 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. 7985.105. 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		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
125	123		Sec. 7985.151. ELECTIONS REGARDING TAXES OR BONDS.
126	124		(a) The district may issue, without an election, bonds and other
127	125		obligations secured by:
128	126		(1) revenue other than ad valorem taxes; or
129	127		(2) contract payments described by Section 7985.153.
130	128		(b) The district must hold an election in the manner
131	129		provided by Chapters 49 and 54, Water Code, to obtain voter approval
132	130		before the district may impose an ad valorem tax or issue bonds
133	131		payable from ad valorem taxes.
134	132		(c) The district may not issue bonds payable from ad valorem
135	133		taxes to finance a road project unless the issuance is approved by a
136	134		vote of a two-thirds majority of the district voters voting at an
137	135		election held for that purpose.
138	136		Sec. 7985.152. OPERATION AND MAINTENANCE TAX. (a) If
139	137		authorized at an election held under Section 7985.151, the district
140	138		may impose an operation and maintenance tax on taxable property in
141	139		the district in accordance with Section 49.107, Water Code.
142	140		(b) The board shall determine the tax rate. The rate may not
143	141		exceed the rate approved at the election.
144	142		Sec. 7985.153. CONTRACT TAXES. (a) In accordance with
145	143		Section 49.108, Water Code, the district may impose a tax other than
146	144		an operation and maintenance tax and use the revenue derived from
147	145		the tax to make payments under a contract after the provisions of
148	146		the contract have been approved by a majority of the district voters
149	147		voting at an election held for that purpose.
150	148		(b) A contract approved by the district voters may contain a
151	149		provision stating that the contract may be modified or amended by
152	150		the board without further voter approval.
153	151		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	152		Sec. 7985.201. AUTHORITY TO ISSUE BONDS AND OTHER
155	153		OBLIGATIONS. The district may issue bonds or other obligations
156	154		payable wholly or partly from ad valorem taxes, impact fees,
157	155		revenue, contract payments, grants, or other district money, or any
158	156		combination of those sources, to pay for any authorized district
159	157		purpose.
160	158		Sec. 7985.202. TAXES FOR BONDS. At the time the district
161	159		issues bonds payable wholly or partly from ad valorem taxes, the
162	160		board shall provide for the annual imposition of a continuing
163	161		direct ad valorem tax, without limit as to rate or amount, while all
164	162		or part of the bonds are outstanding as required and in the manner
165	163		provided by Sections 54.601 and 54.602, Water Code.
166	164		Sec. 7985.203. BONDS FOR ROAD PROJECTS. At the time of
167	165		issuance, the total principal amount of bonds or other obligations
168	166		issued or incurred to finance road projects and payable from ad
169	167		valorem taxes may not exceed one-fourth of the assessed value of the
170	168		real property in the district.
171	169		SECTION 2. The Montgomery County Municipal Utility District
172	170		No. 157 initially includes all the territory contained in the
173	171		following area:
174	172		Tract One
175	173		Being 10.28 acres of land located in the S.S. Prosser, Jr. &
176	174		W.T. Williams Survey, Abstract 839, Montgomery County, Texas, more
177	175		particularly being a portion of that certain called 92.37 acre
178	176		tract (referred to as Tract 4)conveyed to Pilot Land Acquisitions,
179	177		LLC by an instrument of record in Document Number 2016040394 of the
180	178		Official Public Records of said Montgomery County, (M.C.O.P.R.),
181	179		said 10.28 acre tract being more particularly described by metes
182	180		and bounds as follows (Bearings based on Texas Coordinate System,
183	181		Central Zone, NAD83 (NA2011) Epoch 2010.00);
184	182		COMMENCING for reference at a 5/8-inch iron rod with cap
185	183		stamped "LJA ENG" found for the northwest corner of said 92.32 acre
186	184		tract, on the westerly line of said S.S. Prosser, Jr. & W.T.
187	185		Williams Survey, on the easterly line of the John Bricker Survey,
188	186		Abstract 98 of said Montgomery County and on the southerly
189	187		right-of-way line of SH 242 (width varies), from which a found TxDOT
190	188		aluminum disk bears South 87° 16' 44" West, 6.37 feet;
191	189		Thence, South 33° 27' 38" East along the common westerly line
192	190		of said S.S. Prosser, Jr. & W.T. Williams Survey and the easterly
193	191		line of said John Bricker Survey and the westerly line of said 92.32
194	192		acre tract, 1,347.33 feet to the POINT OF BEGINNING of the herein
195	193		described tract;
196	194		Thence, South 50° 25' 47" East, departing said common survey
197	195		line and the westerly line of said 92.32 acre tract, 1,769.32 feet
198	196		to a point for corner;
199	197		Thence, South 39° 19' 53" West, 65.00 feet to a point for
200	198		corner;
201	199		Thence, South 55° 39' 41" West, 454.35 feet to a point for
202	200		corner on said common survey line and the westerly line of said
203	201		92.37 acre tract;
204	202		Thence, North 33° 27' 38" West, along said common survey line
205	203		and the westerly line of said 92.37 acre tract, 1,718.48 feet to the
206	204		POINT OF BEGINNING and containing 10.28 acres of land.
207	205		Tract Two
208	206		Being 8.24 acres of land located in the Benjamin B. Foster
209	207		Survey, Abstract 785, Montgomery County, Texas, more particularly
210	208		being a portion of that certain called 772.7 acre tract (described
211	209		as Tract 3) conveyed to Pilot Land Acquisitions, LLC by an
212	210		instrument of record in Document Number 2016040394 of the Official
213	211		Public Records of said Montgomery County, (M.C.O.P.R.), said 8.24
214	212		acre tract being more particularly described by metes and bounds as
215	213		follows (Bearings based on Texas Coordinate System, Central Zone,
216	214		NAD83 (NA2011) Epoch 2010.00);
217	215		COMMENCING for reference at the northeast corner of said
218	216		772.7 acre tract and the northwest corner of that certain called
219	217		35.3982 acre tract conveyed to Lizbeth Camarena by an instrument of
220	218		record under File Number 2007-096820, M.C.O.P.R.R.P., said point
221	219		being on the common survey line of said Benjamin B. Foster Survey
222	220		and the T. & N. O. R.R. Co. Survey, Abstract 575 and on the southerly
223	221		right-of-way line of SH 242 (width varies) of record in File Number,
224	222		9334641, of the Official Public Records of Real Property of
225	223		Montgomery County, Texas (M.C.O.P.R.R.P.), from which point a found
226	224		5/8-inch iron rod with aluminum cap bears South 06° 07' 13" East,
227	225		0.73 feet and a found 5/8-inch iron rod with cap bears South 30° 00'
228	226		06" East, 0.92 feet;
229	227		Thence, South 02° 52' 43" East, departing the southerly
230	228		right-of-way of said SH 242 and with the westerly line of said
231	229		35.3982 acre tract, with the east line of said 772.7 acre tract and
232	230		the common survey line of said Benjamin B. Foster Survey and the T. &
233	231		N. O. R.R. Co. Survey, Abstract 575, 954.95 feet to a point for the
234	232		common west corner of the T. & N. O. R.R. Co. Survey, Abstract 575
235	233		and the W. C. Clark Survey, Abstract 732, from which a found
236	234		3/4-inch iron rod bears North 47° 33' 10" West, 0.51 feet, a found
237	235		bent 1-3/4-inch iron pipe bears North 65° 45' 37" East, 0.31 feet,
238	236		and a found 2-inch bolt bears South 10° 23' 51" West, 3.08 feet;
239	237		Thence, South 02° 56' 30" East, continuing with the east line
240	238		of said 772.7 acre tract and the westerly line of said 35.3982 acre
241	239		tract, at 1,233.55 feet pass a found 1/2-inch iron rod, continuing
242	240		in all a total distance of 1,251.02 feet to the POINT OF BEGINNING
243	241		of the herein described tract;
244	242		Thence, South 02° 56' 30" East, continuing with the east line
245	243		of said 772.7 acre tract and the westerly line of said 35.3982 acre
246	244		tract 305.11 feet to a 2-inch bolt found for the common west corner
247	245		of said 35.3982 acre tract and that certain called 31.8059 acre
248	246		tract conveyed to Kennen Layne Byler by an instrument of record
249	247		under File Number 9898892, M.C.O.P.R.R.P;
250	248		Thence, South 02° 44' 06" East, continuing with the east line
251	249		of said 772.7 acre tract and with the westerly line of said 31.8059
252	250		acre tract and the west line of that certain called 4.1 acre tract
253	251		(described as Second Tract) conveyed to Craig L. Reddehase,
254	252		Jacqueline Baldwin, and Jay Scott Reddehase by an instrument of
255	253		record under File Number 2012110356, M.C.O.P.R.R.P., and the west
256	254		line of that certain called 4.1 acre tract (described as Second
257	255		Tract) conveyed to Jessie Ruth Clark by an instrument of record
258	256		under File Number 9815647, M.C.O.P.R.R.P., 721.70 feet to the
259	257		southeast corner of the aforementioned 3.034 acre tract;
260	258		Thence, North 73° 16' 47" West, departing the east line of
261	259		said 772.7 acre tract and the common survey line of said Benjamin B.
262	260		Foster Survey and the W. C. Clark Survey and the west line of said
263	261		4.1 acre tract (described as Second Tract) conveyed to Jessie Ruth
264	262		Clark by an instrument of record under said File Number 9815647,
265	263		M.C.O.P.R.R.P., 491.26 feet to the southwest corner of said 3.034
266	264		acre tract;
267	265		Thence, North 17° 44' 04" East, 501.39 feet to a point for
268	266		corner;
269	267		Thence, North 25° 07' 06" West, 423.27 feet to a point for
270	268		corner;
271	269		Thence, North 86° 59' 56" East, 447.96 feet to the POINT OF
272	270		BEGINNING and containing 8.24 acres of land.
273	271		Said Tract One (10.28) and Tract Two (8.24 acres) being a
274	272		total of 18.52 acres of land.
275	273		SECTION 3. (a) The legal notice of the intention to
276	274		introduce this Act, setting forth the general substance of this
277	275		Act, has been published as provided by law, and the notice and a
278	276		copy of this Act have been furnished to all persons, agencies,
279	277		officials, or entities to which they are required to be furnished
280	278		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
281	279		Government Code.
282	280		(b) The governor, one of the required recipients, has
283	281		submitted the notice and Act to the Texas Commission on
284	282		Environmental Quality.
285	283		(c) The Texas Commission on Environmental Quality has filed
286	284		its recommendations relating to this Act with the governor, the
287	285		lieutenant governor, and the speaker of the house of
288	286		representatives within the required time.
289	287		(d) All requirements of the constitution and laws of this
290	288		state and the rules and procedures of the legislature with respect
291	289		to the notice, introduction, and passage of this Act are fulfilled
292	290		and accomplished.
293	291		SECTION 4. (a) If this Act does not receive a two-thirds
294	292		vote of all the members elected to each house, Subchapter C, Chapter
295	293		7985, Special District Local Laws Code, as added by Section 1 of
296	294		this Act, is amended by adding Section 7985.106 to read as follows:
297	295		Sec. 7985.106. NO EMINENT DOMAIN POWER. The district may
298	296		not exercise the power of eminent domain.
299	297		(b) This section is not intended to be an expression of a
300	298		legislative interpretation of the requirements of Section 17(c),
301	299		Article I, Texas Constitution.
302	300		SECTION 5. This Act takes effect September 1, 2017.
	301	+	______________________________ ______________________________
	302	+	President of the Senate Speaker of the House
	303	+	I hereby certify that S.B. No. 1261 passed the Senate on
	304	+	May 4, 2017, by the following vote: Yeas 31, Nays 0.
	305	+	______________________________
	306	+	Secretary of the Senate
	307	+	I hereby certify that S.B. No. 1261 passed the House on
	308	+	May 24, 2017, by the following vote: Yeas 137, Nays 9, two
	309	+	present not voting.
	310	+	______________________________
	311	+	Chief Clerk of the House
	312	+	Approved:
	313	+	______________________________
	314	+	Date
	315	+	______________________________
	316	+	Governor