Texas 2019 - 86th Regular

Texas House Bill HB4679 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4679
	1	+	By: Bell of Montgomery (Senate Sponsor - Creighton) H.B. No. 4679
	2	+	(In the Senate - Received from the House May 6, 2019;
	3	+	May 6, 2019, read first time and referred to Committee on
	4	+	Intergovernmental Relations; May 15, 2019, reported favorably by
	5	+	the following vote: Yeas 7, Nays 0; May 15, 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. 163; granting a limited power of eminent domain;
7	13		providing authority to issue bonds; providing authority to impose
8	14		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 8091 to read as follows:
12	18		CHAPTER 8091. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 163
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 8091.0101. DEFINITIONS. In this chapter:
15	21		(1) "Board" means the district's board of directors.
16	22		(2) "Commission" means the Texas Commission on
17	23		Environmental Quality.
18	24		(3) "Director" means a board member.
19	25		(4) "District" means the Montgomery County Municipal
20	26		Utility District No. 163.
21	27		Sec. 8091.0102. NATURE OF DISTRICT. The district is a
22	28		municipal utility district created under Section 59, Article XVI,
23	29		Texas Constitution.
24	30		Sec. 8091.0103. CONFIRMATION AND DIRECTOR ELECTION
25	31		REQUIRED. The temporary directors shall hold an election to
26	32		confirm the creation of the district and to elect five permanent
27	33		directors as provided by Section 49.102, Water Code.
28	34		Sec. 8091.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section
30	36		8091.0103 until each municipality in whose corporate limits or
31	37		extraterritorial jurisdiction the district is located has
32	38		consented by ordinance or resolution to the creation of the
33	39		district and to the inclusion of land in the district.
34	40		Sec. 8091.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	41		(a) The district is created to serve a public purpose and benefit.
36	42		(b) The district is created to accomplish the purposes of:
37	43		(1) a municipal utility district as provided by
38	44		general law and Section 59, Article XVI, Texas Constitution; and
39	45		(2) Section 52, Article III, Texas Constitution, that
40	46		relate to the construction, acquisition, improvement, operation,
41	47		or maintenance of macadamized, graveled, or paved roads, or
42	48		improvements, including storm drainage, in aid of those roads.
43	49		Sec. 8091.0106. INITIAL DISTRICT TERRITORY. (a) The
44	50		district is initially composed of the territory described by
45	51		Section 2 of the Act enacting this chapter.
46	52		(b) The boundaries and field notes contained in Section 2 of
47	53		the Act enacting this chapter form a closure. A mistake made in the
48	54		field notes or in copying the field notes in the legislative process
49	55		does not affect the district's:
50	56		(1) organization, existence, or validity;
51	57		(2) right to issue any type of bond for the purposes
52	58		for which the district is created or to pay the principal of and
53	59		interest on a bond;
54	60		(3) right to impose a tax; or
55	61		(4) legality or operation.
56	62		SUBCHAPTER B. BOARD OF DIRECTORS
57	63		Sec. 8091.0201. GOVERNING BODY; TERMS. (a) The district is
58	64		governed by a board of five elected directors.
59	65		(b) Except as provided by Section 8091.0202, directors
60	66		serve staggered four-year terms.
61	67		Sec. 8091.0202. TEMPORARY DIRECTORS. (a) On or after the
62	68		effective date of the Act enacting this chapter, the owner or owners
63	69		of a majority of the assessed value of the real property in the
64	70		district may submit a petition to the commission requesting that
65	71		the commission appoint as temporary directors the five persons
66	72		named in the petition. The commission shall appoint as temporary
67	73		directors the five persons named in the petition.
68	74		(b) Temporary directors serve until the earlier of:
69	75		(1) the date permanent directors are elected under
70	76		Section 8091.0103; or
71	77		(2) the fourth anniversary of the effective date of
72	78		the Act enacting this chapter.
73	79		(c) If permanent directors have not been elected under
74	80		Section 8091.0103 and the terms of the temporary directors have
75	81		expired, successor temporary directors shall be appointed or
76	82		reappointed as provided by Subsection (d) to serve terms that
77	83		expire on the earlier of:
78	84		(1) the date permanent directors are elected under
79	85		Section 8091.0103; or
80	86		(2) the fourth anniversary of the date of the
81	87		appointment or reappointment.
82	88		(d) If Subsection (c) applies, the owner or owners of a
83	89		majority of the assessed value of the real property in the district
84	90		may submit a petition to the commission requesting that the
85	91		commission appoint as successor temporary directors the five
86	92		persons named in the petition. The commission shall appoint as
87	93		successor temporary directors the five persons named in the
88	94		petition.
89	95		SUBCHAPTER C. POWERS AND DUTIES
90	96		Sec. 8091.0301. GENERAL POWERS AND DUTIES. The district
91	97		has the powers and duties necessary to accomplish the purposes for
92	98		which the district is created.
93	99		Sec. 8091.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	100		DUTIES. The district has the powers and duties provided by the
95	101		general law of this state, including Chapters 49 and 54, Water Code,
96	102		applicable to municipal utility districts created under Section 59,
97	103		Article XVI, Texas Constitution.
98	104		Sec. 8091.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99	105		52, Article III, Texas Constitution, the district may design,
100	106		acquire, construct, finance, issue bonds for, improve, operate,
101	107		maintain, and convey to this state, a county, or a municipality for
102	108		operation and maintenance macadamized, graveled, or paved roads, or
103	109		improvements, including storm drainage, in aid of those roads.
104	110		Sec. 8091.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	111		road project must meet all applicable construction standards,
106	112		zoning and subdivision requirements, and regulations of each
107	113		municipality in whose corporate limits or extraterritorial
108	114		jurisdiction the road project is located.
109	115		(b) If a road project is not located in the corporate limits
110	116		or extraterritorial jurisdiction of a municipality, the road
111	117		project must meet all applicable construction standards,
112	118		subdivision requirements, and regulations of each county in which
113	119		the road project is located.
114	120		(c) If the state will maintain and operate the road, the
115	121		Texas Transportation Commission must approve the plans and
116	122		specifications of the road project.
117	123		Sec. 8091.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118	124		ORDINANCE OR RESOLUTION. The district shall comply with all
119	125		applicable requirements of any ordinance or resolution that is
120	126		adopted under Section 54.016 or 54.0165, Water Code, and that
121	127		consents to the creation of the district or to the inclusion of land
122	128		in the district.
123	129		Sec. 8091.0306. DIVISION OF DISTRICT. (a) The district may
124	130		be divided into two or more new districts only if the district:
125	131		(1) has never issued any bonds; and
126	132		(2) is not imposing ad valorem taxes.
127	133		(b) This chapter applies to any new district created by the
128	134		division of the district, and a new district has all the powers and
129	135		duties of the district.
130	136		(c) A new district created by the division of the district
131	137		may not, at the time the new district is created, contain any land
132	138		outside the area described by Section 2 of the Act enacting this
133	139		chapter.
134	140		(d) The board, on its own motion or on receipt of a petition
135	141		signed by the owner or owners of a majority of the assessed value of
136	142		the real property in the district, may adopt an order dividing the
137	143		district.
138	144		(e) The board may adopt an order dividing the district
139	145		before or after the date the board holds an election under Section
140	146		8091.0103 to confirm the district's creation.
141	147		(f) An order dividing the district shall:
142	148		(1) name each new district;
143	149		(2) include the metes and bounds description of the
144	150		territory of each new district;
145	151		(3) appoint temporary directors for each new district;
146	152		and
147	153		(4) provide for the division of assets and liabilities
148	154		between the new districts.
149	155		(g) On or before the 30th day after the date of adoption of
150	156		an order dividing the district, the district shall file the order
151	157		with the commission and record the order in the real property
152	158		records of each county in which the district is located.
153	159		(h) A new district created by the division of the district
154	160		shall hold a confirmation and directors' election as required by
155	161		Section 8091.0103.
156	162		(i) If the creation of the new district is confirmed, the
157	163		new district shall provide the election date and results to the
158	164		commission.
159	165		(j) Any new district created by the division of the district
160	166		must hold an election as required by this chapter to obtain voter
161	167		approval before the district may impose a maintenance tax or issue
162	168		bonds payable wholly or partly from ad valorem taxes.
163	169		(k) Municipal consent to the creation of the district and to
164	170		the inclusion of land in the district granted under Section
165	171		8091.0104 acts as municipal consent to the creation of any new
166	172		district created by the division of the district and to the
167	173		inclusion of land in the new district.
168	174		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
169	175		Sec. 8091.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
170	176		The district may issue, without an election, bonds and other
171	177		obligations secured by:
172	178		(1) revenue other than ad valorem taxes; or
173	179		(2) contract payments described by Section 8091.0403.
174	180		(b) The district must hold an election in the manner
175	181		provided by Chapters 49 and 54, Water Code, to obtain voter approval
176	182		before the district may impose an ad valorem tax or issue bonds
177	183		payable from ad valorem taxes.
178	184		(c) The district may not issue bonds payable from ad valorem
179	185		taxes to finance a road project unless the issuance is approved by a
180	186		vote of a two-thirds majority of the district voters voting at an
181	187		election held for that purpose.
182	188		Sec. 8091.0402. OPERATION AND MAINTENANCE TAX. (a) If
183	189		authorized at an election held under Section 8091.0401, the
184	190		district may impose an operation and maintenance tax on taxable
185	191		property in the district in accordance with Section 49.107, Water
186	192		Code.
187	193		(b) The board shall determine the tax rate. The rate may not
188	194		exceed the rate approved at the election.
189	195		Sec. 8091.0403. CONTRACT TAXES. (a) In accordance with
190	196		Section 49.108, Water Code, the district may impose a tax other than
191	197		an operation and maintenance tax and use the revenue derived from
192	198		the tax to make payments under a contract after the provisions of
193	199		the contract have been approved by a majority of the district voters
194	200		voting at an election held for that purpose.
195	201		(b) A contract approved by the district voters may contain a
196	202		provision stating that the contract may be modified or amended by
197	203		the board without further voter approval.
198	204		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
199	205		Sec. 8091.0501. AUTHORITY TO ISSUE BONDS AND OTHER
200	206		OBLIGATIONS. The district may issue bonds or other obligations
201	207		payable wholly or partly from ad valorem taxes, impact fees,
202	208		revenue, contract payments, grants, or other district money, or any
203	209		combination of those sources, to pay for any authorized district
204	210		purpose.
205	211		Sec. 8091.0502. TAXES FOR BONDS. At the time the district
206	212		issues bonds payable wholly or partly from ad valorem taxes, the
207	213		board shall provide for the annual imposition of a continuing
208	214		direct ad valorem tax, without limit as to rate or amount, while all
209	215		or part of the bonds are outstanding as required and in the manner
210	216		provided by Sections 54.601 and 54.602, Water Code.
211	217		Sec. 8091.0503. BONDS FOR ROAD PROJECTS. At the time of
212	218		issuance, the total principal amount of bonds or other obligations
213	219		issued or incurred to finance road projects and payable from ad
214	220		valorem taxes may not exceed one-fourth of the assessed value of the
215	221		real property in the district.
216	222		SECTION 2. The Montgomery County Municipal Utility District
217	223		No. 163 initially includes all the territory contained in the
218	224		following area:
219	225		A description of a 1229 acre tract of land, located in the
220	226		Alfonzo Steel Survey, Abstract 477, the T. & N.O. Railroad Company,
221	227		Section 4 Survey, Abstract 741, and the John Bricker Survey,
222	228		Abstract 98, in Montgomery County, Texas; out of the 273.466 acre
223	229		tract of land referenced as Tract III, Parcel 1, out of the 195. 961
224	230		acre tract of land referenced as Tract 2, Parcel 2, out the 90.860
225	231		acre tract referenced as Tract 2, Parcel 3, and out of that 648.855
226	232		acre tract describes as Tract I as described in the deed recorded
227	233		under Document Number 2018042236 of the Official Public Records of
228	234		Montgomery County, Texas and more particularly described as
229	235		follows:
230	236		BEGINNING at the northeast corner of said Tract I, and the
231	237		northeast corner of T. & N.O. Railroad Company, Section 4 Survey;
232	238		THENCE South 00° 06' 00" West - 4845.80', along the east line
233	239		of said Tract I, and the east line of said T. & N.O. Railroad
234	240		Company, Section 4 Survey, to the southeast corner of said Tract I,
235	241		and the southeast corner of said T. & N.O. Railroad Company, Section
236	242		4 Survey;
237	243		THENCE North 89° 57' 02" West - 5148.33', along the south line
238	244		of said tract I and the south line of said T. & N.O. Railroad
239	245		Company, Section 4 Survey, to the southwest corner of said Tract I,
240	246		and the southwest corner of said T. & N.O. RR. CO. Section 4 Survey,
241	247		in the east line of aforesaid Tract 2, Parcel 2, and the east line of
242	248		aforesaid John Bricker Survey;
243	249		THENCE South 30° 09' 50" East - 826.43', along the east line of
244	250		aforesaid Tract 2, Parcel 2, and along the east line of said John
245	251		Bricker Survey, to a southeast corner of said Tract 2, Parcel 2, and
246	252		a southeast corner of the John Bricker Survey, lying in the north
247	253		right-of-way line of State Highway 242;
248	254		THENCE South 30° 34' 35" East - 220.69', continuing along said
249	255		northeast line of said John Bricker Survey to a point for corner in
250	256		the south right-of-way line of said State Highway 242, in the north
251	257		line of said Tract 2, Parcel 3;
252	258		THENCE South 30° 15' 03" East - 688.49', along the northeast
253	259		line of said Tract 2, Parcel 3, and along the northeast line of said
254	260		John Bricker Survey, to the east corner of said Tract 2, Parcel 3,
255	261		and the southeast corner of said John Bricker Survey;
256	262		THENCE South 59° 13' 35" West - 3060.96', along the southeast
257	263		line of said Tract 2, Parcel 3 and the southeast line of said John
258	264		Bricker Survey, to the intersection of said southeast lines, and
259	265		the east right-of-way line of FM 1314 (Conroe Porter Road), being
260	266		the south corner of said Tract 2, Parcel 3;
261	267		THENCE North 24° 51' 16" West - 778.41', along said east
262	268		right-of-way line, and the west line of Tract 2, Parcel 3 to a point
263	269		for corner;
264	270		THENCE, North 22° 10' 36" West - 597.39', continuing along
265	271		said common line, to a point for corner;
266	272		THENCE, North 19° 50' 32" West - 241.38', continuing along
267	273		said common line, to at the south end of the southeasterly cutback
268	274		corner, and the northwest corner of aforesaid Tract 2, Parcel 3, at
269	275		the intersection of the aforesaid east right of way line of FM 1314
270	276		(Conroe Porter Road) and the south line of State Highway 242;
271	277		THENCE, North 16° 50' 19" West - 538.64', continuing along
272	278		said east right-of-way line, to the north end of the northeasterly
273	279		cutback corner of the said intersection, and the south corner of
274	280		aforesaid Tract 2, Parcel 2, at the intersection of the aforesaid
275	281		east right of way line of FM 1314 (Conroe Porter Road) and the south
276	282		line of State Highway 242;
277	283		THENCE, North 23° 14' 55" West - 200.33', continuing along
278	284		said east right-of-way line, and the west line of aforesaid Tract 2,
279	285		Parcel 2 to a point for corner;
280	286		THENCE, North 13° 30' 38" West - 995.85', continuing along
281	287		said common line, to a point for corner;
282	288		THENCE, North 12° 01' 58" West - 2102.94', continuing along
283	289		said common line, to a point for corner;
284	290		THENCE North 12° 33' 22" West - 1.21', along the aforesaid
285	291		east right of way line, and aforesaid west line of Tract 2, Parcel
286	292		2, and the aforesaid west line of Tract III, Parcel 1, to the point
287	293		of beginning of curve to the left;
288	294		THENCE, 1212.26', continuing along said east right-of-way
289	295		line, and the west line of said Tract III, Parcel 1 along said curve
290	296		to the left, having a radius of 1959.86', a central angle of 35° 26'
291	297		24", and a chord bearing and distance of North 30° 16' 34" West -
292	298		1193.03', to the end of curve;
293	299		THENCE North 48° 01' 22" West - 2935.99', continuing along
294	300		said common line, to the intersection of said common line, and the
295	301		north line of the Alfonzo Steel Survey, being the northwest corner
296	302		of said Tract III, Parcel 1;
297	303		THENCE, North 58° 58' 24" East - 3695.00', along said north
298	304		line to the north corner of said Tract III, Parcel 1, being the most
299	305		northerly west corner of the 178 acre tract of land described in the
300	306		deed recorded under Volume 20, Page 612 of the Deed Records of
301	307		Montgomery County, Texas;
302	308		THENCE South 30° 57' 11" East - 3592.37', along the east line
303	309		of said Tract III Parcel 1 and the southwest line of said 178 acre
304	310		tract, to an interior corner of said 178 acre tract;
305	311		THENCE South 59° 02' 57" West - 1387.45', along the south line
306	312		of said Tract III, Parcel 1 and the north line of said 178 acre
307	313		tract, to the most southerly west corner of said 178 acre tract;
308	314		THENCE South 30° 43' 40" East - 411.55', along a southwest
309	315		line of said 178 acre tract, to the south corner of said 178 acre
310	316		tract, in the south line of aforesaid Alfonzo Steel Survey, common
311	317		to a northwest line of aforesaid T. & N.O. Railroad Company, Section
312	318		4 Survey;
313	319		THENCE North 59° 36' 50" East - 3196.12', along said northwest
314	320		line, the northwest line of Tract 2, Parcel 2, the northwest line of
315	321		aforementioned Tract I, the southeast line of said Alfonzo Steel
316	322		Survey, and the southeast line of said 178 acre tract, to an
317	323		interior corner of said T. & N.O. Railroad Company, Section 4
318	324		Survey, common to the east corner of said Alfonzo Steel Survey, and
319	325		the east corner of said 178 acre tract;
320	326		THENCE North 30° 28' 49" West - 375.00', along the northwest
321	327		line of said Tract I, northwest line of said T. & N.O. Railroad
322	328		Company, Section 4 Survey, the northeast line of said Alfonzo Steel
323	329		Survey, and the northeast line of said 178 acre tract, to the most
324	330		northerly northwest corner of said Tract I and T. & N.O. Railroad
325	331		Company, Section 4 Survey;
326	332		THENCE North 89° 56' 58" East - 4636.24, along the north line
327	333		of said Tract I and T. & N.O. Railroad Company, Section 4 Survey, to
328	334		the POINT OF BEGINNING and containing 1229 acres of land, more or
329	335		less.
330	336		SECTION 3. (a) The legal notice of the intention to
331	337		introduce this Act, setting forth the general substance of this
332	338		Act, has been published as provided by law, and the notice and a
333	339		copy of this Act have been furnished to all persons, agencies,
334	340		officials, or entities to which they are required to be furnished
335	341		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
336	342		Government Code.
337	343		(b) The governor, one of the required recipients, has
338	344		submitted the notice and Act to the Texas Commission on
339	345		Environmental Quality.
340	346		(c) The Texas Commission on Environmental Quality has filed
341	347		its recommendations relating to this Act with the governor, the
342	348		lieutenant governor, and the speaker of the house of
343	349		representatives within the required time.
344	350		(d) All requirements of the constitution and laws of this
345	351		state and the rules and procedures of the legislature with respect
346	352		to the notice, introduction, and passage of this Act are fulfilled
347	353		and accomplished.
348	354		SECTION 4. (a) If this Act does not receive a two-thirds
349	355		vote of all the members elected to each house, Subchapter C, Chapter
350	356		8091, Special District Local Laws Code, as added by Section 1 of
351	357		this Act, is amended by adding Section 8091.0307 to read as follows:
352	358		Sec. 8091.0307. NO EMINENT DOMAIN POWER. The district may
353	359		not exercise the power of eminent domain.
354	360		(b) This section is not intended to be an expression of a
355	361		legislative interpretation of the requirements of Section 17(c),
356	362		Article I, Texas Constitution.
357	363		SECTION 5. This Act takes effect immediately if it receives
358	364		a vote of two-thirds of all the members elected to each house, as
359	365		provided by Section 39, Article III, Texas Constitution. If this
360	366		Act does not receive the vote necessary for immediate effect, this
361	367		Act takes effect September 1, 2019.
362		-	______________________________ ______________________________
363		-	President of the Senate Speaker of the House
364		-	I certify that H.B. No. 4679 was passed by the House on May 3,
365		-	2019, by the following vote: Yeas 123, Nays 17, 2 present, not
366		-	voting.
367		-	______________________________
368		-	Chief Clerk of the House
369		-	I certify that H.B. No. 4679 was passed by the Senate on May
370		-	22, 2019, by the following vote: Yeas 30, Nays 1.
371		-	______________________________
372		-	Secretary of the Senate
373		-	APPROVED: _____________________
374		-	Date
375		-	_____________________
376		-	Governor
	368	+	* * * * *