Texas 2017 - 85th Regular

Texas Senate Bill SB996 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	By: Creighton S.B. No. 996
2	2	(In the Senate - Filed February 21, 2017; March 6, 2017,
3	3	read first time and referred to Committee on Intergovernmental
4	4	Relations; April 19, 2017, reported favorably by the following
5	5	vote: Yeas 7, Nays 0; April 19, 2017, sent to printer.)
6	6	Click here to see the committee vote
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the creation of the Trinity Lakes Municipal Utility
12	12	District of Montgomery County; granting a limited power of eminent
13	13	domain; providing authority to issue bonds; providing authority to
14	14	impose assessments, fees, and taxes.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	17	Code, is amended by adding Chapter 7971 to read as follows:
18	18	CHAPTER 7971. TRINITY LAKES MUNICIPAL UTILITY DISTRICT OF
19	19	MONTGOMERY COUNTY
20	20	SUBCHAPTER A. GENERAL PROVISIONS
21	21	Sec. 7971.001. DEFINITIONS. In this chapter:
22	22	(1) "Board" means the district's board of directors.
23	23	(2) "Commission" means the Texas Commission on
24	24	Environmental Quality.
25	25	(3) "Director" means a board member.
26	26	(4) "District" means the Trinity Lakes Municipal
27	27	Utility District of Montgomery County.
28	28	Sec. 7971.002. NATURE OF DISTRICT. The district is a
29	29	municipal utility district created under Section 59, Article XVI,
30	30	Texas Constitution.
31	31	Sec. 7971.003. CONFIRMATION AND DIRECTORS' ELECTION
32	32	REQUIRED. The temporary directors shall hold an election to
33	33	confirm the creation of the district and to elect five permanent
34	34	directors as provided by Section 49.102, Water Code.
35	35	Sec. 7971.004. CONSENT OF MUNICIPALITY REQUIRED. The
36	36	temporary directors may not hold an election under Section 7971.003
37	37	until each municipality in whose corporate limits or
38	38	extraterritorial jurisdiction the district is located has
39	39	consented by ordinance or resolution to the creation of the
40	40	district and to the inclusion of land in the district.
41	41	Sec. 7971.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
42	42	(a) The district is created to serve a public purpose and benefit.
43	43	(b) The district is created to accomplish the purposes of:
44	44	(1) a municipal utility district as provided by
45	45	general law and Section 59, Article XVI, Texas Constitution; and
46	46	(2) Section 52, Article III, Texas Constitution, that
47	47	relate to the construction, acquisition, improvement, operation,
48	48	or maintenance of macadamized, graveled, or paved roads, or
49	49	improvements, including storm drainage, in aid of those roads.
50	50	Sec. 7971.006. INITIAL DISTRICT TERRITORY. (a) The
51	51	district is initially composed of the territory described by
52	52	Section 2 of the Act enacting this chapter.
53	53	(b) The boundaries and field notes contained in Section 2 of
54	54	the Act enacting this chapter form a closure. A mistake made in the
55	55	field notes or in copying the field notes in the legislative process
56	56	does not affect the district's:
57	57	(1) organization, existence, or validity;
58	58	(2) right to issue any type of bond for the purposes
59	59	for which the district is created or to pay the principal of and
60	60	interest on a bond;
61	61	(3) right to impose a tax; or
62	62	(4) legality or operation.
63	63	SUBCHAPTER B. BOARD OF DIRECTORS
64	64	Sec. 7971.051. GOVERNING BODY; TERMS. (a) The district is
65	65	governed by a board of five elected directors.
66	66	(b) Except as provided by Section 7971.052, directors serve
67	67	staggered four-year terms.
68	68	Sec. 7971.052. TEMPORARY DIRECTORS. (a) On or after
69	69	September 1, 2017, the owner or owners of a majority of the assessed
70	70	value of the real property in the district may submit a petition to
71	71	the commission requesting that the commission appoint as temporary
72	72	directors the five persons named in the petition. The commission
73	73	shall appoint as temporary directors the five persons named in the
74	74	petition.
75	75	(b) Temporary directors serve until the earlier of:
76	76	(1) the date permanent directors are elected under
77	77	Section 7971.003; or
78	78	(2) September 1, 2021.
79	79	(c) If permanent directors have not been elected under
80	80	Section 7971.003 and the terms of the temporary directors have
81	81	expired, successor temporary directors shall be appointed or
82	82	reappointed as provided by Subsection (d) to serve terms that
83	83	expire on the earlier of:
84	84	(1) the date permanent directors are elected under
85	85	Section 7971.003; or
86	86	(2) the fourth anniversary of the date of the
87	87	appointment or reappointment.
88	88	(d) If Subsection (c) applies, the owner or owners of a
89	89	majority of the assessed value of the real property in the district
90	90	may submit a petition to the commission requesting that the
91	91	commission appoint as successor temporary directors the five
92	92	persons named in the petition. The commission shall appoint as
93	93	successor temporary directors the five persons named in the
94	94	petition.
95	95	SUBCHAPTER C. POWERS AND DUTIES
96	96	Sec. 7971.101. GENERAL POWERS AND DUTIES. The district has
97	97	the powers and duties necessary to accomplish the purposes for
98	98	which the district is created.
99	99	Sec. 7971.102. MUNICIPAL UTILITY DISTRICT POWERS AND
100	100	DUTIES. The district has the powers and duties provided by the
101	101	general law of this state, including Chapters 49 and 54, Water Code,
102	102	applicable to municipal utility districts created under Section 59,
103	103	Article XVI, Texas Constitution.
104	104	Sec. 7971.103. AUTHORITY FOR ROAD PROJECTS. Under Section
105	105	52, Article III, Texas Constitution, the district may design,
106	106	acquire, construct, finance, issue bonds for, improve, operate,
107	107	maintain, and convey to this state, a county, or a municipality for
108	108	operation and maintenance macadamized, graveled, or paved roads, or
109	109	improvements, including storm drainage, in aid of those roads.
110	110	Sec. 7971.104. ROAD STANDARDS AND REQUIREMENTS. (a) A
111	111	road project must meet all applicable construction standards,
112	112	zoning and subdivision requirements, and regulations of each
113	113	municipality in whose corporate limits or extraterritorial
114	114	jurisdiction the road project is located.
115	115	(b) If a road project is not located in the corporate limits
116	116	or extraterritorial jurisdiction of a municipality, the road
117	117	project must meet all applicable construction standards,
118	118	subdivision requirements, and regulations of each county in which
119	119	the road project is located.
120	120	(c) If the state will maintain and operate the road, the
121	121	Texas Transportation Commission must approve the plans and
122	122	specifications of the road project.
123	123	Sec. 7971.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
124	124	OR RESOLUTION. The district shall comply with all applicable
125	125	requirements of any ordinance or resolution that is adopted under
126	126	Section 54.016 or 54.0165, Water Code, and that consents to the
127	127	creation of the district or to the inclusion of land in the
128	128	district.
129	129	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
130	130	Sec. 7971.151. ELECTIONS REGARDING TAXES OR BONDS.
131	131	(a) The district may issue, without an election, bonds and other
132	132	obligations secured by:
133	133	(1) revenue other than ad valorem taxes; or
134	134	(2) contract payments described by Section 7971.153.
135	135	(b) The district must hold an election in the manner
136	136	provided by Chapters 49 and 54, Water Code, to obtain voter approval
137	137	before the district may impose an ad valorem tax or issue bonds
138	138	payable from ad valorem taxes.
139	139	(c) The district may not issue bonds payable from ad valorem
140	140	taxes to finance a road project unless the issuance is approved by a
141	141	vote of a two-thirds majority of the district voters voting at an
142	142	election held for that purpose.
143	143	Sec. 7971.152. OPERATION AND MAINTENANCE TAX. (a) If
144	144	authorized at an election held under Section 7971.151, the district
145	145	may impose an operation and maintenance tax on taxable property in
146	146	the district in accordance with Section 49.107, Water Code.
147	147	(b) The board shall determine the tax rate. The rate may not
148	148	exceed the rate approved at the election.
149	149	Sec. 7971.153. CONTRACT TAXES. (a) In accordance with
150	150	Section 49.108, Water Code, the district may impose a tax other than
151	151	an operation and maintenance tax and use the revenue derived from
152	152	the tax to make payments under a contract after the provisions of
153	153	the contract have been approved by a majority of the district voters
154	154	voting at an election held for that purpose.
155	155	(b) A contract approved by the district voters may contain a
156	156	provision stating that the contract may be modified or amended by
157	157	the board without further voter approval.
158	158	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
159	159	Sec. 7971.201. AUTHORITY TO ISSUE BONDS AND OTHER
160	160	OBLIGATIONS. The district may issue bonds or other obligations
161	161	payable wholly or partly from ad valorem taxes, impact fees,
162	162	revenue, contract payments, grants, or other district money, or any
163	163	combination of those sources, to pay for any authorized district
164	164	purpose.
165	165	Sec. 7971.202. TAXES FOR BONDS. At the time the district
166	166	issues bonds payable wholly or partly from ad valorem taxes, the
167	167	board shall provide for the annual imposition of a continuing
168	168	direct ad valorem tax, without limit as to rate or amount, while all
169	169	or part of the bonds are outstanding as required and in the manner
170	170	provided by Sections 54.601 and 54.602, Water Code.
171	171	Sec. 7971.203. BONDS FOR ROAD PROJECTS. At the time of
172	172	issuance, the total principal amount of bonds or other obligations
173	173	issued or incurred to finance road projects and payable from ad
174	174	valorem taxes may not exceed one-fourth of the assessed value of the
175	175	real property in the district.
176	176	SECTION 2. The Trinity Lakes Municipal Utility District of
177	177	Montgomery County initially includes all the territory contained in
178	178	the following area:
179	179	BEING 93.40 acres (4,068,654 square feet) of land, all of the
180	180	Remainder of a called 48.935 acres, conveyed to David Randall and
181	181	Sandy Randall, by deed recorded under County Clerk's File Number
182	182	(C.F.) 2006-032388 Official Public Records of Montgomery County,
183	183	Texas (O.P.R. M.C.T.) and all of a called 41.296 acres, conveyed to
184	184	HB American Group, Inc., by deed recorded under C.F. 2016019830
185	185	O.P.R. M.C.T. and part of FM 2432, 100' Public right-of-way
186	186	(R.O.W.) lying adjacent to said Remainder and 41.296 acres, said
187	187	93.40 acre tract lying in the G.W. Lonis Survey, Abstract 313,
188	188	Ranson Tillons Survey, Abstract 580, Henry Alston Survey, Abstract
189	189	59, William Hobdy Survey, Abstract 285, John Wilkerson Survey,
190	190	Abstract 630 and the Jacob Eberly Survey, Abstract 196 and being
191	191	more particularly described by metes and bounds as follows:
192	192	BEGINNING at a found 1/2 inch iron pipe with Texas State Plane
193	193	Coordinates, Texas Central NAD 83, Northing 10146503.586, Easting
194	194	3840038.421, in the north right-of-way (R.O.W.) of FM 2432, 100'
195	195	Public R.O.W., marking the common corner of Lots 45 and 46, Block 4,
196	196	Texas National, Section 5, recorded under Cabinet B, Sheet 117 Map
197	197	Records of Montgomery County, Texas (M.R. M.C.T.), also being the
198	198	southeast corner of said Remainder and the herein described tract;
199	199	THENCE along a curve to the right and said north R.O.W., having a
200	200	radius of 2,898.08 feet, a delta angle of 13° 16' 47", and whose long
201	201	chord bears South 60°59'41" West a distance of 670.20 feet to a point
202	202	of curvature of the herein described tract;
203	203	THENCE along a curve to the right and said north R.O.W., having a
204	204	radius of 3,808.23 feet, a delta angle of 03° 10' 00", and whose long
205	205	chord bears South 52°49'16" West a distance of 210.45 feet to a
206	206	concrete monument, marking a point of tangency of the herein
207	207	described tract;
208	208	THENCE South 50°40'39" West, along said north R.O.W., a distance of
209	209	133.24 feet to a point for corner, marking the east corner of the
210	210	herein described tract;
211	211	THENCE South 40°10'22" West, over and across said R.O.W., a distance
212	212	of 100.00 feet to a found 1/2 inch iron rod, marking the most
213	213	northerly corner of a cut-back, from which a TX-DOT Disk bears South
214	214	46°51'32" East, a distance of 8.68 feet;
215	215	THENCE South 03°17'08" East, along said cut-back, a distance of
216	216	12.46 feet to a set 5/8 inch iron rod with cap "Landpoint 10194172"
217	217	in the northwest R.O.W. of Seven Coves Road, public R.O.W. varies,
218	218	marking the most southerly corner of said cut-back;
219	219	THENCE South 40°31'14" West, along said northwest R.O.W., a distance
220	220	of 593.57 feet (called 596.05') to a TX-DOT Disk, marking the
221	221	southeast corner of a called 15.5382 acres, conveyed to Wes
222	222	Schubert and Spouse Stephanie Schubert, by deed recorded C.F.
223	223	2012085128 O.P.R. M.C.T., from which a TX-DOT Disk, bears North
224	224	69°55'16" East, a distance of 0.56 feet;
225	225	THENCE North 03°28'49" West, along the east line of said 15.5382
226	226	acres, a distance of 28.81 feet (called 29.99') to a found 5/8 inch
227	227	iron rod, marking the northeast corner of said 15.5382 acres, also
228	228	being an internal corner of the herein described tract, from which a
229	229	found 1/2 inch iron rod with cap, bears South 10°17'27" East, a
230	230	distance of 0.82 feet;
231	231	THENCE South 86°35'29" West, along the north line of said 15.5382
232	232	acres, a distance of 2167.33 feet (called 2,166.51') to a found 1/2
233	233	inch iron rod in the east R.O.W. of Farrell Road, 60' Public R.O.W.,
234	234	marking the northwest R.O.W. of said 15.5382 acres, also being the
235	235	southwest corner of the herein described tract;
236	236	THENCE North 02°41'49" West, along said east R.O.W., a distance of
237	237	728.95 feet (called 731.20') to a found 1/2 inch iron rod with cap,
238	238	marking the southwest corner of a called 6.368 acres, conveyed to
239	239	Ehlers Management, Inc., by deed recorded under C.F. 2014005771
240	240	O.P.R. M.C.T., also being the northwest corner of the herein
241	241	described tract;
242	242	THENCE North 86°24'55" East, passing at a distance of 1019.11 feet
243	243	along the south line of said 6.368 acres, a called 5.00 acres,
244	244	conveyed to Gary D. Kiddy and Diana K. Kiddy, by deed recorded under
245	245	C.F. 9895647 O.P.R. M.C.T. and a called 4.463 acres, conveyed to Don
246	246	Robinson and wife, Eileen Robinson, by deed recorded under C.F.
247	247	99013144 O.P.R. M.C.T. to a found 5/8 inch iron rod , marking the
248	248	common corner of said 4.463 acres and a called 3.168 acres, conveyed
249	249	to Allen P. Mott Jr. and Marla J. Mott, by deed recorded under C.F.
250	250	2016002862 O.P.R. M.C.T. and continuing for a total distance of
251	251	1065.58 feet (called 1,071.09') to a found 1/2 inch iron rod,
252	252	marking an angle point of the herein described tract;
253	253	THENCE North 86°07'33" East, along the south line of said 3.168
254	254	acres, a distance of 247.75 feet to a found 1/2 inch iron rod,
255	255	marking the common corner of said 3.168 acres and a called 1.6722
256	256	acres, conveyed to Arlene Elizabeth Buchanan Drawdy, by deed
257	257	recorded under C.F. 9536359 O.P.R. M.C.T., marking an angle point
258	258	of the herein described tract;
259	259	THENCE North 85°36'58" East, along the south line of said 1.6722
260	260	acres passing at a distance of 186.38 feet a found 5/8 inch iron
261	261	rod, being the common corner of said 1.6722 acres and 2.1691 acres
262	262	and continuing for a total distance of 204.50 feet to a set 5/8 inch
263	263	iron rod with cap "Landpoint 10194172", marking an angle point of
264	264	the herein described tract;
265	265	THENCE North 88°29'58" East, along the said south line of 2.1691
266	266	acres, a distance of 299.26 feet to a found 2 inch iron pipe,
267	267	marking the southeast corner of said 2.1691 acres, also being an
268	268	internal corner of the herein described tract;
269	269	THENCE North 03°15'20" West, along the east line of said 2.1691
270	270	acres, a distance of 230.63 feet (called 229.79') to a found 1/2
271	271	inch iron rod in said south R.O.W., marking the north corner of said
272	272	41.296 acres;
273	273	THENCE along a curve to the left and said north R.O.W., having a
274	274	radius of 2,819.17 feet, a delta angle of 09° 12' 35", and whose long
275	275	chord bears North 71°21'11" West a distance of 452.66 feet to a
276	276	concrete monument in the north line of said 1.6722 acres, also being
277	277	a point tangency of the herein described tract;
278	278	THENCE North 75°39'54" West, along said south R.O.W., a distance of
279	279	346.79 feet to a point for corner in the north line of said 3.168
280	280	acres, marking an external corner of the herein described tract;
281	281	THENCE North 03°42'57" West, over and across said FM 2432, passing
282	282	at a distance of 105.18 feet a found 3/8 inch iron rod, marking the
283	283	common corner of said Remainder and a called 6.000 acres, conveyed
284	284	to Kent D. Conaster and wife, Tamara M. Conaster, by deed recorded
285	285	under C.F. 9738800 O.P.R. M.C.T., continuing for a total distance
286	286	of 836.69 feet to a found 3/8 inch iron rod, marking the northeast
287	287	corner of said 6.000 acres, also being an internal corner of said
288	288	Remainder and the herein described tract;
289	289	THENCE South 88°16'11" W, along the north line of said 6.000 acres
290	290	and a called 3.003 acres, conveyed to Nathan Palmer and Kimberly
291	291	Palmer, by deed recorded under C.F. 2006-095132 O.P.R. M.C.T.,
292	292	passing at a distance of 386.80 feet a found 1/2 inch iron rod,
293	293	marking the common corner of said 6.000 acres and said 3.003 acres
294	294	and continuing for a total distance of 421.35 feet to a found 1/2
295	295	inch iron pipe and a found 5/8 inch iron rod, marking an angle point
296	296	of said 3.003 acres, the common corner of Lot 18 and 19, Block 1,
297	297	Texas National, Section 1, recorded under Cabinet A, Sheet 189 M.R.
298	298	M.C.T. , also being the most northerly southwest corner of said
299	299	Remainder and the herein described tract;
300	300	THENCE North 02°44'12" West, along east line of said Lot 18 and 19,
301	301	Block 1 and Lots 29 thru 43, the Amending Plat of Texas National
302	302	Country Club Homes, by deed recorded under Cabinet A, Sheet 190 M.R.
303	303	M.C.T, a distance of 1129.53 feet to a set 5/8 inch iron rod with cap
304	304	"Landpoint 10194172", marking the southwest corner of a called
305	305	0.797 acres, conveyed to The C.L. McIlvain Family Trust, by deed
306	306	recorded under C.F. 2008-088344 O.P.R. M.C.T., also being the
307	307	northwest corner of the herein described tract;
308	308	THENCE North 87°02'59" East, along the south line of said 0.797
309	309	acres, a distance of 235.39 feet to a point for corner, marking the
310	310	southeast corner of said 0.797 acres, also being an internal corner
311	311	of the herein described tract, from which a found 1/2 inch iron rod
312	312	with cap, bears South 55°38' 33" West a distance of 0.49 feet;
313	313	THENCE North 02°44'12" West, along the east line of said 0.797
314	314	acres, a distance of 147.47 feet to a found 1/2 inch iron, marking
315	315	the common corner of Lots 3 and 4, Block 4, Texas National, Section
316	316	2, recorded under Cabinet B, Sheet 35 M.R. M.C.T., also being an
317	317	external corner of the herein described tract;
318	318	THENCE North 87°02'59" East, along Lot 4 thru 15, said Block 4, Texas
319	319	National, Section 2, passing at a distance of 75.00 feet a found 1/2
320	320	inch iron, marking the common corner of said Lots 4 and 5, passing
321	321	at a distance of 525.10 feet a found 1/2 inch iron, marking the
322	322	common corner of said Lots 10 and 11, passing at a distance of
323	323	600.10 feet a found 1/2 inch iron, marking the common corner of said
324	324	Lots 11 and 12, passing at a distance of 675.00 feet a found 1/2 inch
325	325	iron, marking the common corner of said Lots 12 and 13, passing at a
326	326	distance of 755.00 feet a found 1/2 inch iron, marking the common
327	327	corner of said Lots 13 and 14 and continuing for a total a distance
328	328	of 918.50 feet to a found 1/2 inch iron pipe in the west line of Lot
329	329	17, said Block 4, Texas National, Section 2, marking the southeast
330	330	corner of said Lot 15, also being the northeast corner of said
331	331	Remainder and the herein described tract;
332	332	THENCE South 03°30'52" East, along the west line of Lots 17 thru 28,
333	333	Block 4, Texas National, Section 2 and Lots 29 thru 45, said Block
334	334	4, Texas National, Section 5, a distance of 2279.72 feet to a found
335	335	1/2 inch iron pipe, being said southeast corner of said Remainder
336	336	and the POINT OF BEGINNING and containing a computed 93.40 acres
337	337	(4,068,654 square feet) of land.
338	338	SECTION 3. (a) The legal notice of the intention to
339	339	introduce this Act, setting forth the general substance of this
340	340	Act, has been published as provided by law, and the notice and a
341	341	copy of this Act have been furnished to all persons, agencies,
342	342	officials, or entities to which they are required to be furnished
343	343	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
344	344	Government Code.
345	345	(b) The governor, one of the required recipients, has
346	346	submitted the notice and Act to the Texas Commission on
347	347	Environmental Quality.
348	348	(c) The Texas Commission on Environmental Quality has filed
349	349	its recommendations relating to this Act with the governor, the
350	350	lieutenant governor, and the speaker of the house of
351	351	representatives within the required time.
352	352	(d) All requirements of the constitution and laws of this
353	353	state and the rules and procedures of the legislature with respect
354	354	to the notice, introduction, and passage of this Act are fulfilled
355	355	and accomplished.
356	356	SECTION 4. (a) If this Act does not receive a two-thirds
357	357	vote of all the members elected to each house, Subchapter C, Chapter
358	358	7971, Special District Local Laws Code, as added by Section 1 of
359	359	this Act, is amended by adding Section 7971.106 to read as follows:
360	360	Sec. 7971.106. NO EMINENT DOMAIN POWER. The district may
361	361	not exercise the power of eminent domain.
362	362	(b) This section is not intended to be an expression of a
363	363	legislative interpretation of the requirements of Section 17(c),
364	364	Article I, Texas Constitution.
365	365	SECTION 5. This Act takes effect September 1, 2017.
366	366	* * * * *