Texas 2017 - 85th Regular

Texas Senate Bill SB2293 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	85R32606 JXC-D
2	1		By: Creighton S.B. No. 2293
3		-	(Bell)
4		-	Substitute the following for S.B. No. 2293: No.
5	2
6	3
7	4		A BILL TO BE ENTITLED
8	5		AN ACT
9	6		relating to the creation of Montgomery County Improvement District
10	7		No. 1; providing authority to issue bonds; providing authority to
11	8		impose assessments, fees, or taxes.
12	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	10		SECTION 1. Subtitle C, Title 4, Special District Local Laws
14	11		Code, is amended by adding Chapter 3955 to read as follows:
15	12		CHAPTER 3955. MONTGOMERY COUNTY IMPROVEMENT DISTRICT NO. 1
16	13		SUBCHAPTER A. GENERAL PROVISIONS
17	14		Sec. 3955.001. DEFINITIONS. In this chapter:
18	15		(1) "Board" means the district's board of directors.
19	16		(2) "County" means Montgomery County.
20	17		(3) "Director" means a board member.
21	18		(4) "District" means the Montgomery County
22	19		Improvement District No. 1.
23	20		Sec. 3955.002. CREATION AND NATURE OF DISTRICT. The
24	21		district is a special district created under Section 59, Article
25	22		XVI, Texas Constitution.
26	23		Sec. 3955.003. PURPOSE; DECLARATION OF INTENT. (a) The
27	24		creation of the district is essential to accomplish the purposes of
28	25		Sections 52 and 52-a, Article III, and Section 59, Article XVI,
29	26		Texas Constitution, and other public purposes stated in this
30	27		chapter. By creating the district and in authorizing the county and
31	28		other political subdivisions to contract with the district, the
32	29		legislature has established a program to accomplish the public
33	30		purposes set out in Section 52-a, Article III, Texas Constitution.
34	31		(b) The creation of the district is necessary to promote,
35	32		develop, encourage, and maintain employment, commerce,
36	33		transportation, housing, tourism, recreation, the arts,
37	34		entertainment, economic development, safety, and the public
38	35		welfare in the district.
39	36		(c) This chapter and the creation of the district may not be
40	37		interpreted to relieve the county from providing the level of
41	38		services provided as of the effective date of the Act enacting this
42	39		chapter to the area in the district. The district is created to
43	40		supplement and not to supplant county services provided in the
44	41		district.
45	42		Sec. 3955.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
46	43		(a) The district is created to serve a public use and benefit.
47	44		(b) All land and other property included in the district
48	45		will benefit from the improvements and services to be provided by
49	46		the district under powers conferred by Sections 52 and 52-a,
50	47		Article III, and Section 59, Article XVI, Texas Constitution, and
51	48		other powers granted under this chapter.
52	49		(c) The creation of the district is in the public interest
53	50		and is essential to further the public purposes of:
54	51		(1) developing and diversifying the economy of the
55	52		state;
56	53		(2) eliminating unemployment and underemployment; and
57	54		(3) developing or expanding transportation and
58	55		commerce.
59	56		(d) The district will:
60	57		(1) promote the health, safety, and general welfare of
61	58		residents, employers, potential employees, employees, visitors,
62	59		and consumers in the district, and of the public;
63	60		(2) provide needed funding for the district to
64	61		preserve, maintain, and enhance the economic health and vitality of
65	62		the district territory as a community and business center;
66	63		(3) promote the health, safety, welfare, and enjoyment
67	64		of the public by providing pedestrian ways and by landscaping and
68	65		developing certain areas in the district, which are necessary for
69	66		the restoration, preservation, and enhancement of scenic beauty;
70	67		and
71	68		(4) provide for water, wastewater, drainage, road,
72	69		rail, and recreational facilities for the district.
73	70		(e) Pedestrian ways along or across a street, whether at
74	71		grade or above or below the surface, and street lighting, street
75	72		landscaping, parking, and street art objects are parts of and
76	73		necessary components of a street and are considered to be a street
77	74		or road improvement.
78	75		(f) The district will not act as the agent or
79	76		instrumentality of any private interest even though the district
80	77		will benefit many private interests as well as the public.
81	78		Sec. 3955.005. INITIAL DISTRICT TERRITORY. (a) The
82	79		district is initially composed of the territory described by
83	80		Section 2 of the Act enacting this chapter.
84	81		(b) The boundaries and field notes contained in Section 2 of
85	82		the Act enacting this chapter form a closure. A mistake in the
86	83		field notes or in copying the field notes in the legislative process
87	84		does not affect the district's:
88	85		(1) organization, existence, or validity;
89	86		(2) right to issue any type of bonds for the purposes
90	87		for which the district is created or to pay the principal of and
91	88		interest on the bonds;
92	89		(3) right to impose or collect an assessment or tax; or
93	90		(4) legality or operation.
94	91		Sec. 3955.006. APPLICABILITY OF MUNICIPAL MANAGEMENT
95	92		DISTRICTS LAW. Except as otherwise provided by this chapter,
96	93		Chapter 375, Local Government Code, applies to the district.
97	94		Sec. 3955.007. CONSTRUCTION OF CHAPTER. This chapter shall
98	95		be liberally construed in conformity with the findings and purposes
99	96		stated in this chapter.
100	97		SUBCHAPTER B. BOARD OF DIRECTORS
101	98		Sec. 3955.051. GOVERNING BODY; TERMS. (a) The district is
102	99		governed by a board of five voting directors who serve staggered
103	100		terms of four years, with two or three directors' terms expiring
104	101		June 1 of each odd-numbered year.
105	102		(b) The board by resolution may change the number of voting
106	103		directors on the board if the board determines that the change is in
107	104		the best interest of the district. The board may not consist of
108	105		fewer than 5 or more than 15 directors.
109	106		(c) Section 49.052, Water Code, does not apply to the
110	107		directors.
111	108		Sec. 3955.052. APPOINTMENT OF VOTING DIRECTORS. The Texas
112	109		Commission on Environmental Quality shall appoint voting directors
113	110		from persons recommended by the board.
114	111		Sec. 3955.053. NONVOTING DIRECTORS. The board may appoint
115	112		nonvoting directors to serve at the pleasure of the voting
116	113		directors.
117	114		Sec. 3955.054. QUORUM. For purposes of determining the
118	115		requirements for a quorum of the board, the following are not
119	116		counted:
120	117		(1) a board position vacant for any reason, including
121	118		death, resignation, or disqualification;
122	119		(2) a director who is abstaining from participation in
123	120		a vote because of a conflict of interest; or
124	121		(3) a nonvoting director.
125	122		Sec. 3955.055. COMPENSATION. A director is entitled to
126	123		receive fees of office and reimbursement for actual expenses as
127	124		provided by Section 49.060, Water Code. Sections 375.069 and
128	125		375.070, Local Government Code, do not apply to the board.
129	126		Sec. 3955.056. INITIAL VOTING DIRECTORS. (a) The initial
130	127		board consists of the following directors:
131	128		Pos. No. Name of Director Pos. No. Name of Director
132	129		Pos. No. Name of Director
133	130		1. Tony Comer 1. Tony Comer
134	131		1. Tony Comer
135	132		2. Nichole Comer 2. Nichole Comer
136	133		2. Nichole Comer
137	134		3. Vicky Cutroneo 3. Vicky Cutroneo
138	135		3. Vicky Cutroneo
139	136		4. Ryan Quigley 4. Ryan Quigley
140	137		4. Ryan Quigley
141	138		5. Jerry Hayley 5. Jerry Hayley
142	139		5. Jerry Hayley
143	140		(b) Of the initial directors, the terms of directors
144	141		appointed for positions one through three expire June 1, 2019, and
145	142		the terms of directors appointed for positions four and five expire
146	143		June 1, 2021.
147	144		(c) Section 3955.052 does not apply to this section.
148	145		(d) This section expires September 1, 2021.
149	146		SUBCHAPTER C. POWERS AND DUTIES
150	147		Sec. 3955.101. GENERAL POWERS AND DUTIES. The district has
151	148		the powers and duties necessary to accomplish the purposes for
152	149		which the district is created.
153	150		Sec. 3955.102. IMPROVEMENT PROJECTS AND SERVICES. The
154	151		district may provide, design, construct, acquire, improve,
155	152		relocate, operate, maintain, or finance an improvement project or
156	153		service using any money available to the district, or contract with
157	154		a governmental or private entity to provide, design, construct,
158	155		acquire, improve, relocate, operate, maintain, or finance an
159	156		improvement project or service authorized under this chapter or
160	157		Chapter 375, Local Government Code.
161	158		Sec. 3955.103. DEVELOPMENT CORPORATION POWERS. The
162	159		district, using money available to the district, may exercise the
163	160		powers given to a development corporation under Chapter 505, Local
164	161		Government Code, including the power to own, operate, acquire,
165	162		construct, lease, improve, or maintain a project under that
166	163		chapter.
167	164		Sec. 3955.104. NONPROFIT CORPORATION. (a) The board by
168	165		resolution may authorize the creation of a nonprofit corporation to
169	166		assist and act for the district in implementing a project or
170	167		providing a service authorized by this chapter.
171	168		(b) The nonprofit corporation:
172	169		(1) has each power of and is considered to be a local
173	170		government corporation created under Subchapter D, Chapter 431,
174	171		Transportation Code; and
175	172		(2) may implement any project and provide any service
176	173		authorized by this chapter.
177	174		(c) The board shall appoint the board of directors of the
178	175		nonprofit corporation. The board of directors of the nonprofit
179	176		corporation shall serve in the same manner as the board of directors
180	177		of a local government corporation created under Subchapter D,
181	178		Chapter 431, Transportation Code, except that a board member is not
182	179		required to reside in the district.
183	180		Sec. 3955.105. PUBLIC FACILITY CORPORATIONS. As provided
184	181		by Chapter 303, Local Government Code, the board by resolution may
185	182		authorize the creation of a public facility corporation in the
186	183		district to finance or to provide for the acquisition,
187	184		construction, rehabilitation, renovation, repair, equipping,
188	185		furnishing, or placement in service of public facilities in an
189	186		orderly, planned manner and at the lowest possible borrowing costs.
190	187		Sec. 3955.106. AGREEMENTS; GRANTS. (a) As provided by
191	188		Chapter 375, Local Government Code, the district may make an
192	189		agreement with or accept a gift, grant, or loan from any person.
193	190		(b) The implementation of a project is a governmental
194	191		function or service for the purposes of Chapter 791, Government
195	192		Code.
196	193		Sec. 3955.107. LAW ENFORCEMENT SERVICES. To protect the
197	194		public interest, the district may contract with a qualified party,
198	195		including the county, to provide law enforcement services in the
199	196		district for a fee.
200	197		Sec. 3955.108. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
201	198		district may join and pay dues to a charitable or nonprofit
202	199		organization that performs a service or provides an activity
203	200		consistent with the furtherance of a district purpose.
204	201		Sec. 3955.109. ECONOMIC DEVELOPMENT. (a) The district may
205	202		engage in activities that accomplish the economic development
206	203		purposes of the district.
207	204		(b) The district may establish and provide for the
208	205		administration of one or more programs to promote state or local
209	206		economic development and to stimulate business and commercial
210	207		activity in the district, including programs to:
211	208		(1) make loans and grants of public money; and
212	209		(2) provide district personnel and services.
213	210		(c) The district may create economic development programs
214	211		and exercise the economic development powers provided to
215	212		municipalities by:
216	213		(1) Chapter 380, Local Government Code; and
217	214		(2) Subchapter A, Chapter 1509, Government Code.
218	215		Sec. 3955.110. PARKING FACILITIES. (a) The district may
219	216		acquire, lease as lessor or lessee, construct, develop, own,
220	217		operate, and maintain parking facilities or a system of parking
221	218		facilities, including lots, garages, parking terminals, or other
222	219		structures or accommodations for parking motor vehicles off the
223	220		streets and related appurtenances.
224	221		(b) The district's parking facilities serve the public
225	222		purposes of the district and are owned, used, and held for a public
226	223		purpose even if leased or operated by a private entity for a term of
227	224		years.
228	225		(c) The district's parking facilities are parts of and
229	226		necessary components of a street and are considered to be a street
230	227		or road improvement.
231	228		(d) The development and operation of the district's parking
232	229		facilities may be considered an economic development program.
233	230		Sec. 3955.111. ROAD UTILITY DISTRICT POWERS. The district
234	231		has the powers provided by the general laws relating to road utility
235	232		districts created under Section 52(b), Article III, Texas
236	233		Constitution and Chapter 441, Transportation Code.
237	234		Sec. 3955.112. STRATEGIC PARTNERSHIP AGREEMENT. The
238	235		district may negotiate and enter into a written strategic
239	236		partnership agreement under Section 43.0751, Local Government
240	237		Code, with a municipality in whose extraterritorial jurisdiction
241	238		the district is located.
242	239		Sec. 3955.113. ANNEXATION OR EXCLUSION OF LAND. (a) The
243	240		district may annex land as provided by Subchapter J, Chapter 49,
244	241		Water Code.
245	242		(b) The district may exclude land as provided by Subchapter
246	243		J, Chapter 49, Water Code. Section 375.044(b), Local Government
247	244		Code, does not apply to the district.
248	245		Sec. 3955.114. NO EMINENT DOMAIN POWER. The district may
249	246		not exercise the power of eminent domain.
250	247		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
251	248		Sec. 3955.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
252	249		board by resolution shall establish the number of directors'
253	250		signatures and the procedure required for a disbursement or
254	251		transfer of district money.
255	252		Sec. 3955.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
256	253		The district may acquire, construct, finance, operate, or maintain
257	254		any improvement or service authorized under this chapter or Chapter
258	255		375, Local Government Code, using any money available to the
259	256		district.
260	257		Sec. 3955.153. PETITION REQUIRED FOR FINANCING SERVICES AND
261	258		IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
262	259		service or improvement project with assessments under this chapter
263	260		unless a written petition requesting that service or improvement
264	261		has been filed with the board.
265	262		(b) A petition filed under Subsection (a) must be signed by
266	263		the owners of a majority of the assessed value of real property in
267	264		the district subject to assessment according to the most recent
268	265		certified tax appraisal roll for the county.
269	266		Sec. 3955.154. METHOD OF NOTICE FOR HEARING. The district
270	267		may mail the notice required by Section 375.115(c), Local
271	268		Government Code, by certified or first-class United States mail.
272	269		The board shall determine the method of notice.
273	270		Sec. 3955.155. ASSESSMENTS; LIENS FOR ASSESSMENTS.
274	271		(a) The board by resolution may impose and collect an assessment
275	272		for any purpose authorized by this chapter in all or any part of the
276	273		district.
277	274		(b) An assessment, a reassessment, or an assessment
278	275		resulting from an addition to or correction of the assessment roll
279	276		by the district, penalties and interest on an assessment or
280	277		reassessment, an expense of collection, and reasonable attorney's
281	278		fees incurred by the district:
282	279		(1) are a first and prior lien against the property
283	280		assessed;
284	281		(2) are superior to any other lien or claim other than
285	282		a lien or claim for county, school district, or municipal ad valorem
286	283		taxes; and
287	284		(3) are the personal liability of and a charge against
288	285		the owners of the property even if the owners are not named in the
289	286		assessment proceedings.
290	287		(c) The lien is effective from the date of the board's
291	288		resolution imposing the assessment until the date the assessment is
292	289		paid. The board may enforce the lien in the same manner that the
293	290		board may enforce an ad valorem tax lien against real property.
294	291		(d) The board may make a correction to or deletion from the
295	292		assessment roll that does not increase the amount of assessment of
296	293		any parcel of land without providing notice and holding a hearing in
297	294		the manner required for additional assessments.
298	295		Sec. 3955.156. COMPETITIVE BIDDING. Subchapter I, Chapter
299	296		49, Water Code, applies to the district. Sections 375.221 and
300	297		375.223, Local Government Code, do not apply to the district.
301	298		Sec. 3955.157. TAX AND ASSESSMENT ABATEMENTS. The district
302	299		may designate reinvestment zones and may grant abatements of
303	300		district taxes or assessments on property in the zones.
304	301		SUBCHAPTER E. TAXES AND BONDS
305	302		Sec. 3955.201. ELECTIONS REGARDING TAXES AND BONDS.
306	303		(a) The district may issue, without an election, bonds, notes, and
307	304		other obligations secured by:
308	305		(1) revenue other than ad valorem taxes; or
309	306		(2) contract payments described by Section 3955.203.
310	307		(b) The district must hold an election in the manner
311	308		provided by Subchapter L, Chapter 375, Local Government Code, to
312	309		obtain voter approval before the district may impose an ad valorem
313	310		tax or issue bonds payable from ad valorem taxes.
314	311		(c) Section 375.243, Local Government Code, does not apply
315	312		to the district.
316	313		(d) All or any part of any facilities or improvements that
317	314		may be acquired by a district by the issuance of its bonds may be
318	315		submitted as a single proposition or as several propositions to be
319	316		voted on at the election.
320	317		Sec. 3955.202. OPERATION AND MAINTENANCE TAX. (a) If
321	318		authorized by a majority of the district voters voting at an
322	319		election held in accordance with Section 3955.201, the district may
323	320		impose an operation and maintenance tax on taxable property in the
324	321		district in accordance with Section 49.107, Water Code, for any
325	322		district purpose, including to:
326	323		(1) maintain and operate the district;
327	324		(2) construct or acquire improvements; or
328	325		(3) provide a service.
329	326		(b) The board shall determine the tax rate. The rate may not
330	327		exceed the rate approved at the election.
331	328		(c) Section 49.107(h), Water Code, does not apply to the
332	329		district.
333	330		Sec. 3955.203. CONTRACT TAXES. (a) In accordance with
334	331		Section 49.108, Water Code, the district may impose a tax other than
335	332		an operation and maintenance tax and use the revenue derived from
336	333		the tax to make payments under a contract after the provisions of
337	334		the contract have been approved by a majority of the district voters
338	335		voting at an election held for that purpose.
339	336		(b) A contract approved by the district voters may contain a
340	337		provision stating that the contract may be modified or amended by
341	338		the board without further voter approval.
342	339		Sec. 3955.204. AUTHORITY TO BORROW MONEY AND TO ISSUE BONDS
343	340		AND OTHER OBLIGATIONS. (a) The district may borrow money on terms
344	341		determined by the board. Section 375.205, Local Government Code,
345	342		does not apply to a loan, line of credit, or other borrowing from a
346	343		bank or financial institution secured by revenue other than ad
347	344		valorem taxes.
348	345		(b) The district may issue bonds, notes, or other
349	346		obligations payable wholly or partly from ad valorem taxes,
350	347		assessments, impact fees, revenue, contract payments, grants, or
351	348		other district money, or any combination of those sources of money,
352	349		to pay for any authorized district purpose.
353	350		Sec. 3955.205. TAXES FOR BONDS. At the time the district
354	351		issues bonds payable wholly or partly from ad valorem taxes, the
355	352		board shall provide for the annual imposition of a continuing
356	353		direct annual ad valorem tax, without limit as to rate or amount,
357	354		for each year that all or part of the bonds are outstanding as
358	355		required and in the manner provided by Sections 54.601 and 54.602,
359	356		Water Code.
	357	+	Sec. 3955.206. BONDS FOR RECREATIONAL FACILITIES. The
	358	+	limitation on the outstanding principal amount of bonds, notes, and
	359	+	other obligations provided by Section 49.4645, Water Code, does not
	360	+	apply to the district.
360	361		SUBCHAPTER F. DEFINED AREAS
361	362		Sec. 3955.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
362	363		DESIGNATED PROPERTY. The district may define areas or designate
363	364		certain property of the district to pay for improvements,
364	365		facilities, or services that primarily benefit that area or
365	366		property and do not generally and directly benefit the district as a
366	367		whole.
367	368		Sec. 3955.252. PROCEDURE FOR ELECTION. (a) Before the
368	369		district may impose an ad valorem tax or issue bonds payable from ad
369	370		valorem taxes of the defined area or designated property, the board
370	371		shall hold an election in the defined area or in the designated
371	372		property only.
372	373		(b) The board may submit the issues to the voters on the same
373	374		ballot to be used in another election.
374	375		Sec. 3955.253. DECLARING RESULT AND ISSUING ORDER. (a) If
375	376		a majority of the voters voting at the election approve the
376	377		proposition or propositions, the board shall declare the results
377	378		and, by order, shall establish the defined area and describe it by
378	379		metes and bounds or designate the specific property.
379	380		(b) A court may not review the board's order except on the
380	381		ground of fraud, palpable error, or arbitrary and confiscatory
381	382		abuse of discretion.
382	383		Sec. 3955.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
383	384		FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
384	385		approval and adoption of the order described by Section 3955.253,
385	386		the district may apply separately, differently, equitably, and
386	387		specifically its taxing power and lien authority to the defined
387	388		area or designated property to provide money to construct,
388	389		administer, maintain, and operate services, improvements, and
389	390		facilities that primarily benefit the defined area or designated
390	391		property.
391	392		Sec. 3955.255. ISSUANCE OF BONDS FOR DEFINED AREA OR
392	393		DESIGNATED PROPERTY. After the order under Section 3955.253 is
393	394		adopted, the district may issue bonds to provide for any land,
394	395		improvements, facilities, plants, equipment, and appliances for
395	396		the defined area or designated property.
396	397		SUBCHAPTER G. SALES AND USE TAX
397	398		Sec. 3955.301. MEANINGS OF WORDS AND PHRASES. A word or
398	399		phrase used in this subchapter that is defined by Chapters 151 and
399	400		321, Tax Code, has the meaning assigned by Chapters 151 and 321, Tax
400	401		Code.
401	402		Sec. 3955.302. APPLICABILITY OF CERTAIN TAX CODE
402	403		PROVISIONS. (a) Except as otherwise provided by this subchapter,
403	404		Subtitles A and B, Title 2, Tax Code, and Chapter 151, Tax Code,
404	405		apply to taxes imposed under this subchapter and to the
405	406		administration and enforcement of those taxes in the same manner
406	407		that those laws apply to state taxes.
407	408		(b) Chapter 321, Tax Code, relating to municipal sales and
408	409		use taxes, applies to the application, collection, change, and
409	410		administration of a sales and use tax imposed under this subchapter
410	411		to the extent consistent with this chapter, as if references in
411	412		Chapter 321, Tax Code, to a municipality referred to the district
412	413		and references to a governing body referred to the board.
413	414		(c) Sections 321.106, 321.401, 321.402, 321.403, 321.404,
414	415		321.406, 321.409, 321.506, 321.507, and 321.508, Tax Code, do not
415	416		apply to a tax imposed under this subchapter.
416	417		Sec. 3955.303. AUTHORIZATION; ELECTION. (a) The district
417	418		may adopt a sales and use tax to serve the purposes of the district
418	419		after an election in which a majority of the voters of the district
419	420		voting in the election authorize the adoption of the tax.
420	421		(b) The board by order may call an election to authorize a
421	422		sales and use tax. The election may be held with any other district
422	423		election.
423	424		(c) The district shall provide notice of the election and
424	425		shall hold the election in the manner prescribed by Section
425	426		3955.201.
426	427		(d) The ballots shall be printed to provide for voting for
427	428		or against the proposition: "Authorization of a sales and use tax
428	429		in the Montgomery County Improvement District No. 1 at a rate not to
429	430		exceed ___ percent."
430	431		Sec. 3955.304. ABOLISHING SALES AND USE TAX. (a) Except
431	432		as provided by Subsection (b), the board may abolish the sales and
432	433		use tax without an election.
433	434		(b) The board may not abolish the sales and use tax if the
434	435		district has outstanding debt secured by the tax.
435	436		Sec. 3955.305. SALES AND USE TAX RATE. (a) On adoption of
436	437		the tax authorized by this subchapter, a tax is imposed on the
437	438		receipts from the sale at retail of taxable items in the district
438	439		and an excise tax is imposed on the use, storage, or other
439	440		consumption in the district of taxable items purchased, leased, or
440	441		rented from a retailer during the period that the tax is in effect.
441	442		(b) The board shall determine the rate of the tax, which may
442	443		be in one-eighth of one percent increments not to exceed the maximum
443	444		rate authorized by the district voters at the election. The board
444	445		may lower the tax rate to the extent the rate does not impair any
445	446		outstanding debt or obligations payable from the tax.
446	447		(c) The rate of the excise tax is the same as the rate of the
447	448		sales tax portion of the tax and is applied to the sales price of the
448	449		taxable item.
449	450		SUBCHAPTER H. DISSOLUTION AND MUNICIPAL ANNEXATION
450	451		Sec. 3955.351. MUNICIPAL ANNEXATION; DISSOLUTION.
451	452		(a) The district is a "water or sewer district" under Section
452	453		43.071, Local Government Code.
453	454		(b) Section 43.075, Local Government Code, applies to the
454	455		district.
455	456		(c) Section 375.264, Local Government Code, does not apply
456	457		to the dissolution of the district by a municipality.
457	458		SECTION 2. The Montgomery County Improvement District No. 1
458	459		initially includes all territory contained in the following area:
459	460		TRACT ONE: A PARCEL OF LAND CONTAINING 0.1411 OF AN ACRE (6,146
460	461		SQUARE FEET) MORE OR LESS, BEING OUT OF THAT CERTAIN 3.3601 ACRE
461	462		TRACT, CONVEYED FROM EAGLES NEST CHRISTIAN FELLOWSHIP TO R.L. WADE
462	463		MANAGEMENT, LLC., AS RECORDED IN COUNTY CLERK'S FILE NO.
463	464		2005-126335, OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, MONTGOMERY
464	465		COUNTY, TEXAS, (O.P.R.R.P.M.C.T.), SAID 0.1411 ACRE TRACT BEING
465	466		SITUATED IN THE E.R. HALE SURVEY, ABSTRACT NO. 264 IN MONTGOMERY
466	467		COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND
467	468		BOUNDS AS FOLLOWS:
468	469		COMMENCING, AT A FOUND 3/4 INCH IRON ROD WITH TXDOT ALUMINUM CAP, IN
469	470		THE SOUTH LINE OF STAGECOACH ROAD, RIGHT OF WAY VARIES, AS SHOWN ON
470	471		REPLAT OF DECKER OAKS ESTATES, SECTION ONE, AS RECORDED IN CABINET
471	472		L, SHEETS 50-52, MAP RECORDS, MONTGOMERY COUNTY, TEXAS, SAME BEING
472	473		IN THE EAST LINE OF STATE HIGHWAY 249, RIGHT OF WAY VARIES, FOR AN
473	474		ANGLE POINT IN THE EAST LINE OF THAT CERTAIN 1.942 ACRE PARCEL
474	475		NO. 97A, CONVEYED FROM GATEWAY BAPTIST CHURCH OF DECKER'S PRAIRIE
475	476		TO THE STATE OF TEXAS, AS RECORDED IN COUNTY CLERK'S FILE NO.
476	477		9416527, O.P.R.R.P.M.C.T., SAME BEING THE MOST NORTHERLY WEST
477	478		CORNER OF THE SAID 3.3601 ACRE TRACT;
478	479		THENCE, WITH THE SAID SOUTH LINE OF STAGECOACH ROAD, SAME BEING THE
479	480		NORTH LINE OF THE SAID 3.3601 ACRE TRACT, THE FOLLOWING THREE (3)
480	481		COURSES AND DISTANCE:
481	482		1. N 61° 56' 38" E, A DISTANCE OF 165.95 FEET TO A FOUND 5/8
482	483		INCH IRON ROD, FOR A POINT OF CURVATURE, NON TANGENT,
483	484		2. A DISTANCE OF 77.68 FEET ALONG THE ARC OF A CURVE TO THE
484	485		LEFT, HAVING A RADIUS OF 300.00 FEET, A CENTRAL ANGLE OF 14°
485	486		50' 07", AND A CHORD WHICH BEARS, N 54° 13' 13" E, A DISTANCE
486	487		OF 77.46 FEET, TO A FOUND 1/2 INCH IRON ROD, FOR A POINT OF
487	488		REVERSE CURVATURE, AND
488	489		3. A DISTANCE OF 17.98 FEET, ALONG THE ARC OF A CURVE TO THE
489	490		RIGHT, HAVING A RADIUS OF 300.00 FEET, A CENTRAL ANGLE OF O3°
490	491		26' 04", AND A CHORD WHICH BEARS, N 48° 31' 13" E, A DISTANCCE
491	492		OF 17.98 FEET, TO A FOUND 5/8 INCH IRON ROD, FOR THE MOST
492	493		WESTERLY CORNER OF RESERVE "A", AS SHOWN ON SAID REPLAT OF
493	494		DECKER OAKS ESTATES, SECTION ONE, AND THE MOST WESTERLY
494	495		CORNER OF THAT CERTAIN 0.145 ACRE TRACT, CONVEYED FROM DECKER
495	496		OAKS LAND COMPANY, LTD., ET At TO HHJ, INC., AS RECORDED IN
496	497		COUNTY CLERK'S FILE NO. 9814147, O.P.R.R.P.M.C.T., SAME
497	498		BEING THE MOST WESTERLY NORTH CORNER OF THE SAID 3.3601 ACRE
498	499		TRACT:
499	500		THENCE, N 88° 56' 24" E, WITH THE SOUTH LINE OF SAID RESERVE "A", AND
500	501		THE SOUTH LINE OF SAID 0.145 ACRE TRACT, SAME BEING THE NORTH LINE
501	502		OF THE SAID 3.3601 ACRE TRACT, A DISTANCE OF 70.89 FEET, TO A SET 5/8
502	503		INCH IRON ROD WITH CAP STAMPED CIVIL-SURV, FOR THE POINT OF
503	504		BEGINNING;
504	505		THENCE, N 88° 56' 24" E, WITH THE SAID SOUTH LINE OF RESERVE "A", AND
505	506		THE SAID SOUTH LINE OF 0.145 ACRE TRACT, SAME BEING THE SAID NORTH
506	507		LINE OF THE 3.3601 ACRE TRACT, A DISTANCE OF 74.75 FEET, TO A FOUND
507	508		5/8 INCH IRON ROD WITH CAP STAMPED CIVIL-SURV, IN THE WEST LINE OF A
508	509		REMAINDER PORTION OF THAT CERTAIN 45.877 ACRE TRACT, CONVEYED FROM
509	510		ROBERT R. WEEDN TO DECKER OAKS LAND COMPANY, LTD., AS RECORDED IN
510	511		COUNTY CLERK'S FILE NO. 9679270, O.P.R.R.P.M.C.T., FOR THE
511	512		SOUTHEAST CORNER OF SAID RESERVE "A", AND THE SOUTHEAST CORNER OF
512	513		THE SAID 0.145 ACRE TRACT, SAME BEING THE NORTEAST CORNER OF THE
513	514		SAID 3.3601 ACRE TRACT, FROM WHICH A FOUND 5/8 INCH IRON ROD, IN THE
514	515		SAID SOUTH LINE OF STAGECOACH ROAD, FOR THE NORTHWEST CORNER OF
515	516		REPLAT OF VILLAGE OF DECKER OAKS, SECTION ONE, AS RECORDED IN
516	517		CABINENT T. SHEETS 144-148, MAP RECORDS, MONTGOMERY COUNTY, TEXAS,
517	518		SAME BEING THE NORTHEAST CORNER OF SAID RESERVE "A", AND THE
518	519		NORTHEAST CORNER OF THE SAID 0.145 ACRE TRACT, BEARS, N 01° O6' 07"
519	520		W, 81.80 FEET;
520	521		THENCE, S 00° 48' 51" E, WITH THE SAID WEST LINE OF A REMAINDER
521	522		PORTION OF THE 45.877 ACRE TRACT, SAME BEING THE EAST LINE OF THE
522	523		SAID 3.3601 ACRE TRACT, A DISTANCE OF 96.38 FEET. TO A SET 5/8 INCH
523	524		IRON ROD WITH CAP STAMPED CIVIL-SURV, FROM WHICH A FOUND 1/2 INCH
524	525		IRON ROD FOR AN ANGLE POINT, BEARS, S 00° 48' 51" E, 138.44 FEET;
525	526		THENCE, CROSSING THE SAID 3.3601 ACRE TRACT THE FOLLOWING (3) THREE
526	527		COURSES AND DISTANCES:
527	528		1. S 90° 00' 00" W, A DISTANCE OF 40.00 FEET TO A SET 5/8 INCH
528	529		IRON ROD WITH CAP STAMPED CIVIL-SURV,
529	530		2. N 28° 03' 22" W, A DISTANCE OF 100.61 FEET TO A SET 5/8
530	531		INCH IRON ROD WITH CAP STAMPED CIVIL-SURV, AND
531	532		3. N 61° 04' O5" E, A DISTANCE OF 12.81 FEET, TO THE POINT OF
532	533		BEGINNING, AND CONTAINING 0.1411 OF AN ACRE (6,146 SQUARE
533	534		FEET) OF LAND, MORE OR LESS.
534	535		TRACT TWO: BEING A 104.52 ACRE PARCEL (CALLED 104.5230 ACRES) OF
535	536		LAND SITUATED IN THE E.R. HALE SURVEY, ABSTRACT NO. 264 AND BEING
536	537		THE SAME TRACT OF LAND AS RECORDED IN VOLUME 72, PAGE 290 DEED
537	538		RECORDS OF MONTGOMERY COUNTY, TEXAS SAID 104.52 ACRE PARCEL BEING
538	539		MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS WITH THE
539	540		BASE OF BEARING BEING THE RECORDED DEED.
540	541		BEGINNING AT A 5/8" INCH IRON ROD FOUND IN THE WEST LINE OF RIMWICK
541	542		FOREST SUBDIVISION LOT 4, SECTION 1, FOR THE NORTHEAST CORNER OF A
542	543		CALLED 0.944 ACRE TRACT AND THE NORTHEAST CORNER OF THE HEREIN
543	544		DESCRIBED PARCEL OF LAND FOR THE POINT OF BEGINNING;
544	545		THENCE, SOUTH 01° 13' 17' WEST (CALLED SOUTH), ALONG THE WEST LINE OF
545	546		THE SAID CALLED RIMWICK FOREST SUBDIVISION AND THE EAST LINE OF THE
546	547		HEREIN DESCRIBED PARCEL, PASSING AT A DISTANCE OF 52.10 FEET A 1/2
547	548		INCH IRON ROD FOUND MARKING THE COMMON CORNER OF THE SAID LOT 4 AND
548	549		LOT 3 OF THE RIMWICK SUBDIVISION, CONTINUING FOR A DISTANCE OF
549	550		275.58 FEET TO A MONUMENT, CONTINUING FOR A DISTANCE OF 413.95 FEET
550	551		FOR THE CENTERLINE OF THE I. & G.N. RAILROAD CALLED 150 FEET WIDE,
551	552		CONTINUING FOR A DISTANCE 479.55 FEET TO A POINT FROM WHICH A 1 INCH
552	553		IRON PIPE FOUND BEARS NORTH 56° 51" 32" WEST, A DISTANCE OF 12.34,
553	554		CONTINUING FOR A TOTAL DISTANCE OF 1050.04 FEET TO A 5/8 INCH IRON
554	555		ROD FOUND IN THE WEST LINE OF POST OAK FOREST (UNRECORDED
555	556		SUBDIVISION) MARKING AN ANGLE POINT IN THE HEREIN DESCRIBED PARCEL
556	557		OF LAND;
557	558		THENCE, SOUTH 00° 55' 07" EAST (CALLED SOUTH), ALONG THE WEST LINE OF
558	559		POST OAK FOREST SUBDIVISION AND THE EAST LINE OF THE HEREIN
559	560		DESCRIBED PARCEL, PASSING AT A DISTANCE OF 180.04 FEET TO A 3/8 INCH
560	561		IRON ROD FOUND, CONTINUING FOR A DISTANCE OF 689.39 FEET TO A 1/2
561	562		INCH IRON ROD FOR THE NORTHWEST CORNER OF POST OAK FOREST DRIVE,
562	563		CONTINUING FOR A DISTANCE OF 748.93 FEET TO A 1/2 INCH IRON ROD
563	564		MARKING THE SOUTHWEST CORNER OF SAID POST OAK FOREST DRIVE,
564	565		CONTINUING FOR A TOTAL DISTANCE OF 969.39 FEET TO A MONUMENT FOUND
565	566		FOR AN ANGLE POINT OF THE HEREIN DESCRIBED PARCEL;
566	567		THENCE, SOUTH 05° 18’ 32” WEST (CALLED SOUTH), ALONG THE EAST LINE
567	568		OF THE HEREIN DESCRIBED PARCEL, A DISTANCE OF 413 .66 FEET TO A 1
568	569		INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF HUGHES ROAD AND AN
569	570		ANGLE POINT IN THE HEREIN DESCRIBED PARCEL OF LAND;
570	571		THENCE, SOUTH 00° 17' 29" WEST (CALLED SOUTH) ALONG THE EAST LINE OF
571	572		THE HEREIN DESCRIBED PARCEL, A DISTANCE OF 1643.03 FEET TO A 3/4
572	573		INCH IRON PIPE IN THE NORTHERLY LINE OF HARDIN STORE ROAD (UNKNOWN
573	574		RIGHT OF WAY) FOR THE SOUTHWEST CORNER OF A 1.00 ACRE TRACT AND
574	575		MARKING AN ANGLE POINT OF THE HEREIN DESCRIBED PARCEL OF LAND;
575	576		THENCE, SOUTH 47° 20' 53" WEST, ALONG THE NORTHERLY RIGHT OF WAY LINE
576	577		OF HARDIN STORE ROAD AND THE SOUTHERLY LINE OF THE HEREIN DESCRIBED
577	578		PARCEL, A DISTANCE OF 424.45 FEET TO A 1/2 INCH IRON ROD FOUND FOR
578	579		THE NORTHEAST CORNER OF A CALLED 0.671 ACRE TRACT MARKING AN ANGLE
579	580		POINT OF THE HEREIN DESCRIBED PARCEL OF LAND;
580	581		THENCE, SOUTH 89° 34' 07" WEST (CALLED SOUTH 89° 31 ' 00" WEST) ALONG
581	582		THE SOUTHERLY LINE OF THE HEREIN DESCRIBED PARCEL, PASSING AT A
582	583		DISTANCE OF 263.33 FEET TO A 5/8 INCH IRON ROD FOUND FOR THE
583	584		NORTHWEST CORNER OF THE SAID CALLED 0.671 ACRE TRACT AND THE
584	585		NORTHEAST CORNER OF LOG TOWNE SUBDIVISION, CONTINUING FOR A
585	586		DISTANCE OF 722.41 FEET TO A 1 INCH IRON FOUND FOR AN ANGLE POINT IN
586	587		THE SAID CALLED LOG TOWN SUBDIVISION MARKING THE SOUTHWEST CORNER
587	588		OF THE HEREIN DESCRIBED PARCEL OF LAND;
588	589		THENCE, NORTH 00° 03' 36" WEST (CALLED NORTH), PASSING AT A DISTANCE
589	590		OF 1097.96 FEET TO A 3/4 INCH IRON PIPE FOR THE NORTHEAST CORNER OF
590	591		THE SAID CALLED LOG TOWNE SUBDIVISION, CONTINUING FOR A DISTANCE OF
591	592		2384.46 FEET TO A 3/4 INCH IRON PIPE FOUND, CONTINUING FOR A TOTAL
592	593		DISTANCE OF 2736.02 FEET TO A 1/2 INCH IRON ROD FOUND IN THE EAST
593	594		LINE OF THE CALLED BRITWOOD ESTATES FOR AN ANGLE POINT IN THE HEREIN
594	595		DESCRIBED PARCEL OF LAND;
595	596		THENCE, NORTH 00° 06' 02" EAST (CALLED NORTH) ALONG THE EAST LINE OF
596	597		THE SAID CALLED BRITWOOD ESTATES SUBDIVISION AND THE WEST LINE OF
597	598		THE HEREIN DESCRIBED PARCEL, PASSING AT A DISTANCE OF 876.43 FEET TO
598	599		A 5/8 INCH IRON ROD FOUND, CONTINUING FOR A DISTANCE OF 1057.19 FEET
599	600		TO A 1/2 INCH IRON ROD FOUND, CONTINUING FOR A DISTANCE OF 1336.41
600	601		TO A L/2 INCH IRON ROD FOUND, CONTINUING FOR A TOTAL DISTANCE OF
601	602		1631.62 FEET TO A 3/4 INCH IRON ROD FOUND FOR THE NORTHEAST CORNER
602	603		OF THE SAID CALLED BRITWOOD ESTATES SUBDIVISION MARKING THE
603	604		NORTHWEST CORNER OF THE HEREIN DESCRIBED PARCEL OF LAND;
604	605		THENCE, SOUTH 89° 57' 51" EAST, ALONG THE NORTH LINE OF THE HEREIN
605	606		DESCRIBED PARCEL, PASSING AT A DISTANCE OF 323 .94 FEET A 1 INCH
606	607		IRON PIPE FOUND, PASSING AT A DISTANCE OF 411.65 FEET THE CENTERLINE
607	608		OF THE I. & G. N. RAILROAD CONTINUING FOR A DISTANCE OF 548.52,
608	609		CONTINUING FOR A TOTAL DISTANCE OF 1043.28 FEET (CALLED 1043.18) TO
609	610		THE POINT OF BEGINNING AND CONTAINING 104.52 ACRES.
610	611		SECTION 3. (a) The legal notice of the intention to
611	612		introduce this Act, setting forth the general substance of this
612	613		Act, has been published as provided by law, and the notice and a
613	614		copy of this Act have been furnished to all persons, agencies,
614	615		officials, or entities to which they are required to be furnished
615	616		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
616	617		Government Code.
617	618		(b) The governor, one of the required recipients, has
618	619		submitted the notice and Act to the Texas Commission on
619	620		Environmental Quality.
620	621		(c) The Texas Commission on Environmental Quality has filed
621	622		its recommendations relating to this Act with the governor,
622	623		lieutenant governor, and speaker of the house of representatives
623	624		within the required time.
624	625		(d) The general law relating to consent by political
625	626		subdivisions to the creation of districts with conservation,
626	627		reclamation, and road powers and the inclusion of land in those
627	628		districts has been complied with.
628	629		(e) All requirements of the constitution and laws of this
629	630		state and the rules and procedures of the legislature with respect
630	631		to the notice, introduction, and passage of this Act have been
631	632		fulfilled and accomplished.
632	633		SECTION 4. This Act takes effect immediately if it receives
633	634		a vote of two-thirds of all the members elected to each house, as
634	635		provided by Section 39, Article III, Texas Constitution. If this
635	636		Act does not receive the vote necessary for immediate effect, this
636	637		Act takes effect September 1, 2017.
637	638
638	639		Pos. No. Name of Director
639	640
640	641		1. Tony Comer
641	642
642	643		2. Nichole Comer
643	644
644	645		3. Vicky Cutroneo
645	646
646	647		4. Ryan Quigley
647	648
648	649		5. Jerry Hayley