Texas 2019 - 86th Regular

Texas House Bill HB4678 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4678
	1	+	By: Bell of Montgomery H.B. No. 4678
	2	+	(Senate Sponsor - Creighton)
	3	+	(In the Senate - Received from the House May 6, 2019;
	4	+	May 6, 2019, read first time and referred to Committee on
	5	+	Intergovernmental Relations; May 15, 2019, reported favorably by
	6	+	the following vote: Yeas 7, Nays 0; May 15, 2019, sent to printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the creation of the Montgomery County Municipal Utility
6	13		District No. 162; granting a limited power of eminent domain;
7	14		providing authority to issue bonds; providing authority to impose
8	15		assessments, fees, and taxes.
9	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	17		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	18		Code, is amended by adding Chapter 8090 to read as follows:
12	19		CHAPTER 8090. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 162
13	20		SUBCHAPTER A. GENERAL PROVISIONS
14	21		Sec. 8090.0101. DEFINITIONS. In this chapter:
15	22		(1) "Board" means the district's board of directors.
16	23		(2) "Commission" means the Texas Commission on
17	24		Environmental Quality.
18	25		(3) "Director" means a board member.
19	26		(4) "District" means the Montgomery County Municipal
20	27		Utility District No. 162.
21	28		Sec. 8090.0102. NATURE OF DISTRICT. The district is a
22	29		municipal utility district created under Section 59, Article XVI,
23	30		Texas Constitution.
24	31		Sec. 8090.0103. CONFIRMATION AND DIRECTOR ELECTION
25	32		REQUIRED. The temporary directors shall hold an election to
26	33		confirm the creation of the district and to elect five permanent
27	34		directors as provided by Section 49.102, Water Code.
28	35		Sec. 8090.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	36		temporary directors may not hold an election under Section
30	37		8090.0103 until each municipality in whose corporate limits or
31	38		extraterritorial jurisdiction the district is located has
32	39		consented by ordinance or resolution to the creation of the
33	40		district and to the inclusion of land in the district.
34	41		Sec. 8090.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	42		(a) The district is created to serve a public purpose and benefit.
36	43		(b) The district is created to accomplish the purposes of:
37	44		(1) a municipal utility district as provided by
38	45		general law and Section 59, Article XVI, Texas Constitution; and
39	46		(2) Section 52, Article III, Texas Constitution, that
40	47		relate to the construction, acquisition, improvement, operation,
41	48		or maintenance of macadamized, graveled, or paved roads, or
42	49		improvements, including storm drainage, in aid of those roads.
43	50		Sec. 8090.0106. INITIAL DISTRICT TERRITORY. (a) The
44	51		district is initially composed of the territory described by
45	52		Section 2 of the Act enacting this chapter.
46	53		(b) The boundaries and field notes contained in Section 2 of
47	54		the Act enacting this chapter form a closure. A mistake made in the
48	55		field notes or in copying the field notes in the legislative process
49	56		does not affect the district's:
50	57		(1) organization, existence, or validity;
51	58		(2) right to issue any type of bond for the purposes
52	59		for which the district is created or to pay the principal of and
53	60		interest on a bond;
54	61		(3) right to impose a tax; or
55	62		(4) legality or operation.
56	63		SUBCHAPTER B. BOARD OF DIRECTORS
57	64		Sec. 8090.0201. GOVERNING BODY; TERMS. (a) The district is
58	65		governed by a board of five elected directors.
59	66		(b) Except as provided by Section 8090.0202, directors
60	67		serve staggered four-year terms.
61	68		Sec. 8090.0202. TEMPORARY DIRECTORS. (a) On or after the
62	69		effective date of the Act enacting this chapter, the owner or owners
63	70		of a majority of the assessed value of the real property in the
64	71		district may submit a petition to the commission requesting that
65	72		the commission appoint as temporary directors the five persons
66		-	named in the petition.
67		-	The commission shall appoint as temporary
	73	+	named in the petition. The commission shall appoint as temporary
68	74		directors the five persons named in the petition.
69	75		(b) Temporary directors serve until the earlier of:
70	76		(1) the date permanent directors are elected under
71	77		Section 8090.0103; or
72	78		(2) the fourth anniversary of the effective date of
73	79		the Act enacting this chapter.
74	80		(c) If permanent directors have not been elected under
75	81		Section 8090.0103 and the terms of the temporary directors have
76	82		expired, successor temporary directors shall be appointed or
77	83		reappointed as provided by Subsection (d) to serve terms that
78	84		expire on the earlier of:
79	85		(1) the date permanent directors are elected under
80	86		Section 8090.0103; or
81	87		(2) the fourth anniversary of the date of the
82	88		appointment or reappointment.
83	89		(d) If Subsection (c) applies, the owner or owners of a
84	90		majority of the assessed value of the real property in the district
85	91		may submit a petition to the commission requesting that the
86	92		commission appoint as successor temporary directors the five
87	93		persons named in the petition. The commission shall appoint as
88	94		successor temporary directors the five persons named in the
89	95		petition.
90	96		SUBCHAPTER C. POWERS AND DUTIES
91	97		Sec. 8090.0301. GENERAL POWERS AND DUTIES. The district
92	98		has the powers and duties necessary to accomplish the purposes for
93	99		which the district is created.
94	100		Sec. 8090.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
95	101		DUTIES. The district has the powers and duties provided by the
96	102		general law of this state, including Chapters 49 and 54, Water Code,
97	103		applicable to municipal utility districts created under Section 59,
98	104		Article XVI, Texas Constitution.
99	105		Sec. 8090.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
100	106		52, Article III, Texas Constitution, the district may design,
101	107		acquire, construct, finance, issue bonds for, improve, operate,
102	108		maintain, and convey to this state, a county, or a municipality for
103	109		operation and maintenance macadamized, graveled, or paved roads, or
104	110		improvements, including storm drainage, in aid of those roads.
105	111		Sec. 8090.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	112		road project must meet all applicable construction standards,
107	113		zoning and subdivision requirements, and regulations of each
108	114		municipality in whose corporate limits or extraterritorial
109	115		jurisdiction the road project is located.
110	116		(b) If a road project is not located in the corporate limits
111	117		or extraterritorial jurisdiction of a municipality, the road
112	118		project must meet all applicable construction standards,
113	119		subdivision requirements, and regulations of each county in which
114	120		the road project is located.
115	121		(c) If the state will maintain and operate the road, the
116	122		Texas Transportation Commission must approve the plans and
117	123		specifications of the road project.
118	124		Sec. 8090.0305. COMPLIANCE WITH MUNICIPAL CONSENT
119	125		ORDINANCE OR RESOLUTION. The district shall comply with all
120	126		applicable requirements of any ordinance or resolution that is
121	127		adopted under Section 54.016 or 54.0165, Water Code, and that
122	128		consents to the creation of the district or to the inclusion of land
123	129		in the district.
124	130		Sec. 8090.0306. DIVISION OF DISTRICT. (a) The district may
125	131		be divided into two or more new districts only if the district:
126	132		(1) has never issued any bonds; and
127	133		(2) is not imposing ad valorem taxes.
128	134		(b) This chapter applies to any new district created by the
129	135		division of the district, and a new district has all the powers and
130	136		duties of the district.
131	137		(c) A new district created by the division of the district
132	138		may not, at the time the new district is created, contain any land
133	139		outside the area described by Section 2 of the Act enacting this
134	140		chapter.
135	141		(d) The board, on its own motion or on receipt of a petition
136	142		signed by the owner or owners of a majority of the assessed value of
137	143		the real property in the district, may adopt an order dividing the
138	144		district.
139	145		(e) The board may adopt an order dividing the district
140	146		before or after the date the board holds an election under Section
141	147		8090.0103 to confirm the district's creation.
142	148		(f) An order dividing the district shall:
143	149		(1) name each new district;
144	150		(2) include the metes and bounds description of the
145	151		territory of each new district;
146	152		(3) appoint temporary directors for each new district;
147	153		and
148	154		(4) provide for the division of assets and liabilities
149	155		between the new districts.
150	156		(g) On or before the 30th day after the date of adoption of
151	157		an order dividing the district, the district shall file the order
152	158		with the commission and record the order in the real property
153	159		records of each county in which the district is located.
154	160		(h) A new district created by the division of the district
155	161		shall hold a confirmation and directors' election as required by
156	162		Section 8090.0103.
157	163		(i) If the creation of the new district is confirmed, the
158	164		new district shall provide the election date and results to the
159	165		commission.
160	166		(j) Any new district created by the division of the district
161	167		must hold an election as required by this chapter to obtain voter
162	168		approval before the district may impose a maintenance tax or issue
163	169		bonds payable wholly or partly from ad valorem taxes.
164	170		(k) Municipal consent to the creation of the district and to
165	171		the inclusion of land in the district granted under Section
166	172		8090.0104 acts as municipal consent to the creation of any new
167	173		district created by the division of the district and to the
168	174		inclusion of land in the new district.
169	175		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
170	176		Sec. 8090.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
171	177		The district may issue, without an election, bonds and other
172	178		obligations secured by:
173	179		(1) revenue other than ad valorem taxes; or
174	180		(2) contract payments described by Section 8090.0403.
175	181		(b) The district must hold an election in the manner
176	182		provided by Chapters 49 and 54, Water Code, to obtain voter approval
177	183		before the district may impose an ad valorem tax or issue bonds
178	184		payable from ad valorem taxes.
179	185		(c) The district may not issue bonds payable from ad valorem
180	186		taxes to finance a road project unless the issuance is approved by a
181	187		vote of a two-thirds majority of the district voters voting at an
182	188		election held for that purpose.
183	189		Sec. 8090.0402. OPERATION AND MAINTENANCE TAX. (a) If
184	190		authorized at an election held under Section 8090.0401, the
185	191		district may impose an operation and maintenance tax on taxable
186	192		property in the district in accordance with Section 49.107, Water
187	193		Code.
188	194		(b) The board shall determine the tax rate. The rate may not
189	195		exceed the rate approved at the election.
190	196		Sec. 8090.0403. CONTRACT TAXES. (a) In accordance with
191	197		Section 49.108, Water Code, the district may impose a tax other than
192	198		an operation and maintenance tax and use the revenue derived from
193	199		the tax to make payments under a contract after the provisions of
194	200		the contract have been approved by a majority of the district voters
195	201		voting at an election held for that purpose.
196	202		(b) A contract approved by the district voters may contain a
197	203		provision stating that the contract may be modified or amended by
198	204		the board without further voter approval.
199	205		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
200	206		Sec. 8090.0501. AUTHORITY TO ISSUE BONDS AND OTHER
201	207		OBLIGATIONS. The district may issue bonds or other obligations
202	208		payable wholly or partly from ad valorem taxes, impact fees,
203	209		revenue, contract payments, grants, or other district money, or any
204	210		combination of those sources, to pay for any authorized district
205	211		purpose.
206	212		Sec. 8090.0502. TAXES FOR BONDS. At the time the district
207	213		issues bonds payable wholly or partly from ad valorem taxes, the
208	214		board shall provide for the annual imposition of a continuing
209	215		direct ad valorem tax, without limit as to rate or amount, while all
210	216		or part of the bonds are outstanding as required and in the manner
211	217		provided by Sections 54.601 and 54.602, Water Code.
212	218		Sec. 8090.0503. BONDS FOR ROAD PROJECTS. At the time of
213	219		issuance, the total principal amount of bonds or other obligations
214	220		issued or incurred to finance road projects and payable from ad
215	221		valorem taxes may not exceed one-fourth of the assessed value of the
216	222		real property in the district.
217	223		SECTION 2. The Montgomery County Municipal Utility District
218	224		No. 162 initially includes all the territory contained in the
219	225		following area:
220	226		A description of a 1193 acre tract of land, located in the
221	227		Alfonzo Steel Survey, Abstract 477, the John Bricker Survey,
222	228		Abstract 98, the Gowan Harris Survey, Abstract 246, and the Lemuel
223	229		Smith Survey, Abstract 502, in Montgomery County, Texas; out of the
224	230		1,835.060 acre tract of land referenced as Tract III, Parcel 2, and
225	231		out of the 191.470 acre tract of land referenced as Tract II, Parcel
226	232		1 described in the deed recorded under Document Number 2018042236
227	233		of the Official Public Records of Montgomery County, Texas and more
228	234		particularly described as follows (all bearings based on the said
229	235		2018042236 deed):
230	236		BEGINNING at the north corner of the Tract III, Parcel 2;
231	237		THENCE South 30° 24' 00" East - 4321.40', along the northeast
232	238		line of said Tract III, Parcel 2, to a northeasterly corner of said
233	239		Tract III, Parcel 2, in the northeast line of aforesaid Alfonzo
234	240		Steel Survey;
235	241		THENCE North 58° 58' 21" East - 1919.72', along the north line
236	242		of Tract III, Parcel 2, partially along the northwest line of said
237	243		Alfonzo Steel Survey, to the intersection of said north line and the
238	244		west right-of-way line of FM 1314 (Conroe Porter Road);
239	245		THENCE South 48° 01' 22" East - 2965.58', along said west
240	246		right-of-way line, and the east line of said Tract III, Parcel 2, to
241	247		the beginning of a tangent curve to the right;
242	248		THENCE, 1150.34', along said common line, along said curve to
243	249		the right, having a radius of 1859.86', a central angle of 35° 26'
244	250		17", and a chord bearing and distance of South 30° 18' 14" East -
245	251		1132.09', to the end of curve;
246	252		THENCE South 12° 33' 22" East - 34.59', along aforesaid west
247	253		right-of-way line, the east line of Tract III, Parcel 2 and the east
248	254		line of Tract 2, Parcel 1, to a point for corner;
249	255		THENCE South 12° 31' 04" East - 2420.93', continuing along
250	256		said west right-of-way line, and the east line of said Tract 2,
251	257		Parcel 1, to a point for corner;
252	258		THENCE South 11° 00' 27" East - 587.98', continuing along said
253	259		common line, to a point which is three hundred feet north of the
254	260		north right-of-way line of State Highway 242 (Lazy River Road);
255	261		THENCE, along a line three-hundred feet (300') north of and
256	262		parallel with said north right-of-way line, the following
257	263		twenty-three (23) courses and distances:
258	264		South 67° 55' 52" West - 25.80' to a point for corner;
259	265		South 70° 12' 35" West - 881.55' to the beginning of a
260	266		tangent curve to the right;
261	267		1655.03', along said curve to the right, having a radius
262	268		of 2565.25', a central angle of 36° 57' 57", and a chord bearing and
263	269		distance of South 88° 37' 40" West - 1626.48', to the end of curve;
264	270		North 72° 50' 13" West - 1053.14' to a point for corner;
265	271		North 69° 00' 59" West - 298.93' to a point for corner;
266	272		North 72° 47' 05" West - 126.31' to a point for corner;
267	273		North 78° 40' 07" West - 99.48' to a point for corner;
268	274		North 72° 47' 17" West - 183.43' to a point for corner;
269	275		North 71° 52' 08" West - 300.26' to a point for corner;
270	276		North 72° 59' 03" West - 110.05' to a point for corner;
271	277		North 75° 32' 57" West - 99.73' to a point for corner;
272	278		North 73° 01' 36" West - 504.90' to a point for corner;
273	279		North 72° 53' 37" West - 601.51' to a point for corner;
274	280		North 78° 36'15" West - 100.50' to a point for corner;
275	281		North 72° 53' 37" West - 299.32' to the point of
276	282		beginning of a curve to the left;
277	283		282.46', along said curve to the left, having a radius
278	284		of 3254.79', a central angle of 04° 58' 20", and a chord bearing and
279	285		distance of North 75° 22' 47" West - 282.37', to the end of curve;
280	286		North 75° 22' 06" West - 579.39' to a point for corner;
281	287		South 81° 54' 27" West - 807.27' to a point for corner;
282	288		South 76° 44' 39" West - 451.13' to a point for corner;
283	289		South 69° 22' 36" West - 435.97' to a point for corner;
284	290		South 66° 28' 20" West - 315.10' to a point for corner;
285	291		South 63° 36' 35" West - 300.37' to a point for corner;
286	292		South 66° 28' 20" West - 320.29' to a point for corner;
287	293		THENCE North 15° 49' 15" West - 1921.98' to a point for corner;
288	294		THENCE North 59° 25' 43" East - 1902.10' to a point for corner;
289	295		THENCE North 30° 26' 27" West - 2772.87' to a point for corner
290	296		in the north line of the aforesaid Tract III, Parcel 2;
291	297		THENCE North 58° 50' 47" East - 757.22', continuing along said
292	298		north line, to a point for corner;
293	299		THENCE North 30° 28' 06" West - 1535.32', continuing along
294	300		said north line to a point for corner;
295	301		THENCE North 59° 28' 54" East - 3005.35', continuing along
296	302		said north line to the POINT OF BEGINNING, for a gross acreage of
297	303		1195 acres.
298	304		Save and Except the following description quoted from the
299	305		deed recorded under Film Code Number 2000024269 of the Real
300	306		Property Records of Montgomery County, Texas (bearings have been
301	307		rotated to aforesaid 2018042236 deed bearing):
302	308		ALL THAT TRACT OR PARCEL OF LAND situated in Montgomery
303	309		County, Texas out of the Gowan Harris Survey A-246 and being a
304	310		portion of the tract of land called 1,117.77 acres and designated as
305	311		T85M1 as described in a deed from Champion International
306	312		Corporation to Champion Realty Corporation (Florida) dated
307	313		November 8, 1985 and recorded in Montgomery County Clerk File
308	314		No. 8550943 of the Real Property Records of Montgomery County,
309	315		Texas said 1.580 acre tract being more particularly described as
310	316		follows;
311	317		BEGINNING at a set 1/2" iron pin for the North corner in the
312	318		division line between the Gowan Harris Survey A-246 and the Alfonso
313	319		Stiel Survey A-477, also the Northwest line of the 1,117.77 acre
314	320		tract, a set 1/2" iron pin the Southeast line of the Stiel Survey at
315	321		a common corner between the Harris Survey and John Bricker Survey
316	322		A-98, also the North corner of the 1,117.77 acre tract, lies N 59°
317	323		28' 47" E, 466.69 ft. from this point;
318	324		THENCE departing said division line with Northeast line of
319	325		this tract, S 30° 34' 17" E, 220.28 ft. to a set 1/2" iron pin for
320	326		East corner;
321	327		THENCE with the Southeast line of this tract, S 59° 28' 47" W,
322	328		312.46 ft. to a set 1/2" iron pin for South corner;
323	329		THENCE with the Southwest line of this tract, N 30° 34' 17" W,
324	330		220.28 ft. to a set 1/2" iron pin in the division line between the
325	331		Stiel and Harris Surveys for West corner;
326	332		THENCE with said division line, also the Northwest Line of
327	333		said 1,117.77 acre tract and the tract herein described, N 59° 28'
328	334		47" E, 312.46 ft. to the PLACE OF BEGINNING and containing 1.580
329	335		acres of land.
330	336		For a net acreage of 1193 acres.
331	337		SECTION 3. (a) The legal notice of the intention to
332	338		introduce this Act, setting forth the general substance of this
333	339		Act, has been published as provided by law, and the notice and a
334	340		copy of this Act have been furnished to all persons, agencies,
335	341		officials, or entities to which they are required to be furnished
336	342		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
337	343		Government Code.
338	344		(b) The governor, one of the required recipients, has
339	345		submitted the notice and Act to the Texas Commission on
340	346		Environmental Quality.
341	347		(c) The Texas Commission on Environmental Quality has filed
342	348		its recommendations relating to this Act with the governor, the
343	349		lieutenant governor, and the speaker of the house of
344	350		representatives within the required time.
345	351		(d) All requirements of the constitution and laws of this
346	352		state and the rules and procedures of the legislature with respect
347	353		to the notice, introduction, and passage of this Act are fulfilled
348	354		and accomplished.
349	355		SECTION 4. (a) If this Act does not receive a two-thirds
350	356		vote of all the members elected to each house, Subchapter C, Chapter
351	357		8090, Special District Local Laws Code, as added by Section 1 of
352	358		this Act, is amended by adding Section 8090.0307 to read as follows:
353	359		Sec. 8090.0307. NO EMINENT DOMAIN POWER. The district may
354	360		not exercise the power of eminent domain.
355	361		(b) This section is not intended to be an expression of a
356	362		legislative interpretation of the requirements of Section 17(c),
357	363		Article I, Texas Constitution.
358	364		SECTION 5. This Act takes effect immediately if it receives
359	365		a vote of two-thirds of all the members elected to each house, as
360	366		provided by Section 39, Article III, Texas Constitution. If this
361	367		Act does not receive the vote necessary for immediate effect, this
362	368		Act takes effect September 1, 2019.
363		-	______________________________ ______________________________
364		-	President of the Senate Speaker of the House
365		-	I certify that H.B. No. 4678 was passed by the House on May 3,
366		-	2019, by the following vote: Yeas 122, Nays 18, 2 present, not
367		-	voting.
368		-	______________________________
369		-	Chief Clerk of the House
370		-	I certify that H.B. No. 4678 was passed by the Senate on May
371		-	22, 2019, by the following vote: Yeas 30, Nays 1.
372		-	______________________________
373		-	Secretary of the Senate
374		-	APPROVED: _____________________
375		-	Date
376		-	_____________________
377		-	Governor
	369	+	* * * * *