Texas 2019 - 86th Regular

Texas House Bill HB4641 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4641
	1	+	By: Metcalf (Senate Sponsor - Nichols) H.B. No. 4641
	2	+	(In the Senate - Received from the House April 29, 2019;
	3	+	April 29, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 9, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 9, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the creation of the Montgomery County Municipal Utility
6	12		District No. 177 of Montgomery County; granting a limited power of
7	13		eminent domain; providing authority to issue bonds; providing
8	14		authority to impose assessments, fees, and taxes.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	17		Code, is amended by adding Chapter 8085 to read as follows:
12	18		CHAPTER 8085. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
13	19		NO. 177 OF MONTGOMERY COUNTY
14	20		SUBCHAPTER A. GENERAL PROVISIONS
15	21		Sec. 8085.0101. DEFINITIONS. In this chapter:
16	22		(1) "Board" means the district's board of directors.
17	23		(2) "City" means the City of Conroe, Texas.
18	24		(3) "Commission" means the Texas Commission on
19	25		Environmental Quality.
20	26		(4) "Director" means a board member.
21	27		(5) "District" means the Montgomery County Municipal
22	28		Utility District No. 177 of Montgomery County.
23	29		Sec. 8085.0102. NATURE OF DISTRICT. The district is a
24	30		municipal utility district created under Section 59, Article XVI,
25	31		Texas Constitution.
26	32		Sec. 8085.0103. CONFIRMATION AND DIRECTOR ELECTION
27	33		REQUIRED. The temporary directors shall hold an election to
28	34		confirm the creation of the district and to elect five permanent
29	35		directors as provided by Section 49.102, Water Code.
30	36		Sec. 8085.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	37		temporary directors may not hold an election under Section
32	38		8085.0103 until each municipality in whose corporate limits or
33	39		extraterritorial jurisdiction the district is located has
34	40		consented by ordinance or resolution to the creation of the
35	41		district and to the inclusion of land in the district.
36	42		Sec. 8085.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	43		(a) The district is created to serve a public purpose and benefit.
38	44		(b) The district is created to accomplish the purposes of:
39	45		(1) a municipal utility district as provided by
40	46		general law and Section 59, Article XVI, Texas Constitution; and
41	47		(2) Section 52, Article III, Texas Constitution, that
42	48		relate to the construction, acquisition, improvement, operation,
43	49		or maintenance of macadamized, graveled, or paved roads, or
44	50		improvements, including storm drainage, in aid of those roads.
45	51		Sec. 8085.0106. INITIAL DISTRICT TERRITORY. (a) The
46	52		district is initially composed of the territory described by
47	53		Section 2 of the Act enacting this chapter.
48	54		(b) The boundaries and field notes contained in Section 2 of
49	55		the Act enacting this chapter form a closure. A mistake made in the
50	56		field notes or in copying the field notes in the legislative process
51	57		does not affect the district's:
52	58		(1) organization, existence, or validity;
53	59		(2) right to issue any type of bond for the purposes
54	60		for which the district is created or to pay the principal of and
55	61		interest on a bond;
56	62		(3) right to impose a tax; or
57	63		(4) legality or operation.
58	64		Sec. 8085.0107. EFFECT OF ANNEXATION. Notwithstanding any
59	65		other law, if any of the territory of the district is annexed by the
60	66		city into the city's corporate limits, the district:
61	67		(1) retains all of the district's outstanding debt and
62	68		obligations; and
63	69		(2) is not dissolved.
64	70		SUBCHAPTER B. BOARD OF DIRECTORS
65	71		Sec. 8085.0201. GOVERNING BODY; TERMS. (a) The district is
66	72		governed by a board of five elected directors.
67	73		(b) Except as provided by Section 8085.0202, directors
68	74		serve staggered four-year terms.
69	75		Sec. 8085.0202. TEMPORARY DIRECTORS. (a) On or after
70	76		September 1, 2019, the owner or owners of a majority of the assessed
71	77		value of the real property in the district may submit a petition to
72	78		the commission requesting that the commission appoint as temporary
73	79		directors the five persons named in the petition. The commission
74	80		shall appoint as temporary directors the five persons named in the
75	81		petition.
76	82		(b) Temporary directors serve until the earlier of:
77	83		(1) the date permanent directors are elected under
78	84		Section 8085.0103; or
79	85		(2) September 1, 2023.
80	86		(c) If permanent directors have not been elected under
81	87		Section 8085.0103 and the terms of the temporary directors have
82	88		expired, successor temporary directors shall be appointed or
83	89		reappointed as provided by Subsection (d) to serve terms that
84	90		expire on the earlier of:
85	91		(1) the date permanent directors are elected under
86	92		Section 8085.0103; or
87	93		(2) the fourth anniversary of the date of the
88	94		appointment or reappointment.
89	95		(d) If Subsection (c) applies, the owner or owners of a
90	96		majority of the assessed value of the real property in the district
91	97		may submit a petition to the commission requesting that the
92	98		commission appoint as successor temporary directors the five
93	99		persons named in the petition. The commission shall appoint as
94	100		successor temporary directors the five persons named in the
95	101		petition.
96	102		SUBCHAPTER C. POWERS AND DUTIES
97	103		Sec. 8085.0301. GENERAL POWERS AND DUTIES. The district
98	104		has the powers and duties necessary to accomplish the purposes for
99	105		which the district is created.
100	106		Sec. 8085.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
101	107		DUTIES. The district has the powers and duties provided by the
102	108		general law of this state, including Chapters 49 and 54, Water Code,
103	109		applicable to municipal utility districts created under Section 59,
104	110		Article XVI, Texas Constitution.
105	111		Sec. 8085.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
106	112		52, Article III, Texas Constitution, the district may design,
107	113		acquire, construct, finance, issue bonds for, improve, operate,
108	114		maintain, and convey to this state, a county, or a municipality for
109	115		operation and maintenance macadamized, graveled, or paved roads, or
110	116		improvements, including storm drainage, in aid of those roads.
111	117		Sec. 8085.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
112	118		road project must meet all applicable construction standards,
113	119		zoning and subdivision requirements, and regulations of each
114	120		municipality in whose corporate limits or extraterritorial
115	121		jurisdiction the road project is located.
116	122		(b) If a road project is not located in the corporate limits
117	123		or extraterritorial jurisdiction of a municipality, the road
118	124		project must meet all applicable construction standards,
119	125		subdivision requirements, and regulations of each county in which
120	126		the road project is located.
121	127		(c) If the state will maintain and operate the road, the
122	128		Texas Transportation Commission must approve the plans and
123	129		specifications of the road project.
124	130		Sec. 8085.0305. COMPLIANCE WITH MUNICIPAL CONSENT
125	131		ORDINANCE OR RESOLUTION. The district shall comply with all
126	132		applicable requirements of any ordinance or resolution that is
127	133		adopted under Section 54.016 or 54.0165, Water Code, and that
128	134		consents to the creation of the district or to the inclusion of land
129	135		in the district.
130	136		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
131	137		Sec. 8085.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
132	138		The district may issue, without an election, bonds and other
133	139		obligations secured by:
134	140		(1) revenue other than ad valorem taxes; or
135	141		(2) contract payments described by Section 8085.0403.
136	142		(b) The district must hold an election in the manner
137	143		provided by Chapters 49 and 54, Water Code, to obtain voter approval
138	144		before the district may impose an ad valorem tax or issue bonds
139	145		payable from ad valorem taxes.
140	146		(c) The district may not issue bonds payable from ad valorem
141	147		taxes to finance a road project unless the issuance is approved by a
142	148		vote of a two-thirds majority of the district voters voting at an
143	149		election held for that purpose.
144	150		Sec. 8085.0402. OPERATION AND MAINTENANCE TAX. (a) If
145	151		authorized at an election held under Section 8085.0401, the
146	152		district may impose an operation and maintenance tax on taxable
147	153		property in the district in accordance with Section 49.107, Water
148	154		Code.
149	155		(b) The board shall determine the tax rate. The rate may not
150	156		exceed the rate approved at the election.
151	157		Sec. 8085.0403. CONTRACT TAXES. (a) In accordance with
152	158		Section 49.108, Water Code, the district may impose a tax other than
153	159		an operation and maintenance tax and use the revenue derived from
154	160		the tax to make payments under a contract after the provisions of
155	161		the contract have been approved by a majority of the district voters
156	162		voting at an election held for that purpose.
157	163		(b) A contract approved by the district voters may contain a
158	164		provision stating that the contract may be modified or amended by
159	165		the board without further voter approval.
160	166		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
161	167		Sec. 8085.0501. AUTHORITY TO ISSUE BONDS AND OTHER
162	168		OBLIGATIONS. The district may issue bonds or other obligations
163	169		payable wholly or partly from ad valorem taxes, impact fees,
164	170		revenue, contract payments, grants, or other district money, or any
165	171		combination of those sources, to pay for any authorized district
166	172		purpose.
167	173		Sec. 8085.0502. TAXES FOR BONDS. At the time the district
168	174		issues bonds payable wholly or partly from ad valorem taxes, the
169	175		board shall provide for the annual imposition of a continuing
170	176		direct ad valorem tax, without limit as to rate or amount, while all
171	177		or part of the bonds are outstanding as required and in the manner
172	178		provided by Sections 54.601 and 54.602, Water Code.
173	179		Sec. 8085.0503. BONDS FOR ROAD PROJECTS. At the time of
174	180		issuance, the total principal amount of bonds or other obligations
175	181		issued or incurred to finance road projects and payable from ad
176	182		valorem taxes may not exceed one-fourth of the assessed value of the
177	183		real property in the district.
178	184		SECTION 2. The Montgomery County Municipal Utility District
179	185		No. 177 of Montgomery County initially includes all the territory
180	186		contained in the following area:
181	187		MUD PARCEL
182	188		Being 208.41 acres (9,078,221 square feet) tract of land situated
183	189		in the G.W. Lonis Survey, Abstract 313 and F.K. Henderson Survey,
184	190		Abstract 248 of Montgomery County, Texas, said 208.41 acre parcel
185	191		more particularly described by metes and bounds as follows with all
186	192		bearings based on Texas State Plane Coordinate System, Central
187	193		Zone, North American Datum 1983;
188	194		BEGINNING at a point whose Northing is 10142421.53 and whose
189	195		Easting is 3824308.59;
190	196		THENCE North 00°36'47" West, a distance of 8.71 feet to a calculated
191	197		point;
192	198		THENCE North 04°10'12" West, a distance of 1055.32 feet to a
193	199		calculated point;
194	200		THENCE along a curve to the LEFT, having a radius of 3020.00 feet, a
195	201		delta angle of 18°12'14", and whose long chord bears North 11°24'01"
196	202		West, a distance of 955.48 feet to a calculated point;
197	203		THENCE North 18°30'13" West, a distance of 927.01 feet to a
198	204		calculated point;
199	205		THENCE along a curve to the LEFT, having a radius of 2765.61 feet, a
200	206		delta angle of 20°11'13", and whose long chord bears North 53°40'39"
201	207		East, a distance of 969.38 feet to a calculated point;
202	208		THENCE along a curve to the LEFT, having a radius of 2643.58 feet, a
203	209		delta angle of 38°02'19", and whose long chord bears South 89°31'30"
204	210		East, a distance of 1723.01 feet to a calculated point;
205	211		THENCE South 18°28'21" East, a distance of 226.85 feet to a
206	212		calculated point;
207	213		THENCE North 71°10'51" East, a distance of 937.01 feet to a
208	214		calculated point;
209	215		THENCE along a curve to the LEFT, having a radius of 2638.25 feet, a
210	216		delta angle of 18°20'33", and whose long chord bears South 50°24°21"
211	217		East, a distance of 840.99 feet to a calculated point;
212	218		THENCE South 17°29'19" East, a distance of 962.39 feet to a
213	219		calculated point;
214	220		THENCE South 71°48'30" West, a distance of 1060.89 feet to a
215	221		calculated point;
216	222		THENCE South 71°42'10" West, a distance of 1300.52 feet to a
217	223		calculated point;
218	224		THENCE South 18°17'50" East, a distance of 788.67 feet to a
219	225		calculated point;
220	226		THENCE South 72'30'01" West, a distance of 1934.65 feet to the POINT
221	227		OF BEGINNING, containing 208.41 acres (9,078,221 square feet) of
222	228		land in Montgomery County, Texas.
223	229		SECTION 3. (a) The legal notice of the intention to
224	230		introduce this Act, setting forth the general substance of this
225	231		Act, has been published as provided by law, and the notice and a
226	232		copy of this Act have been furnished to all persons, agencies,
227	233		officials, or entities to which they are required to be furnished
228	234		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
229	235		Government Code.
230	236		(b) The governor, one of the required recipients, has
231	237		submitted the notice and Act to the Texas Commission on
232	238		Environmental Quality.
233	239		(c) The Texas Commission on Environmental Quality has filed
234	240		its recommendations relating to this Act with the governor, the
235	241		lieutenant governor, and the speaker of the house of
236	242		representatives within the required time.
237	243		(d) All requirements of the constitution and laws of this
238	244		state and the rules and procedures of the legislature with respect
239	245		to the notice, introduction, and passage of this Act are fulfilled
240	246		and accomplished.
241	247		SECTION 4. (a) If this Act does not receive a two-thirds
242	248		vote of all the members elected to each house, Subchapter C, Chapter
243	249		8085, Special District Local Laws Code, as added by Section 1 of
244	250		this Act, is amended by adding Section 8085.0306 to read as follows:
245	251		Sec. 8085.0306. NO EMINENT DOMAIN POWER. The district may
246	252		not exercise the power of eminent domain.
247	253		(b) This section is not intended to be an expression of a
248	254		legislative interpretation of the requirements of Section 17(c),
249	255		Article I, Texas Constitution.
250	256		SECTION 5. This Act takes effect September 1, 2019.
251		-	______________________________ ______________________________
252		-	President of the Senate Speaker of the House
253		-	I certify that H.B. No. 4641 was passed by the House on April
254		-	26, 2019, by the following vote: Yeas 123, Nays 16, 2 present, not
255		-	voting.
256		-	______________________________
257		-	Chief Clerk of the House
258		-	I certify that H.B. No. 4641 was passed by the Senate on May
259		-	15, 2019, by the following vote: Yeas 30, Nays 1.
260		-	______________________________
261		-	Secretary of the Senate
262		-	APPROVED: _____________________
263		-	Date
264		-	_____________________
265		-	Governor
	257	+	* * * * *