Texas 2019 - 86th Regular

Texas House Bill HB4681 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R15999 SLB-F
2	2	By: Bell of Montgomery H.B. No. 4681
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers and duties of the Montgomery County
8	8	Municipal Utility District No. 164; providing authority to issue
9	9	bonds; providing authority to impose a tax.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 8096 to read as follows:
13	13	CHAPTER 8096. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 164
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8096.0101. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "District" means the Montgomery County Municipal
18	18	Utility District No. 164.
19	19	Sec. 8096.0102. NATURE AND PURPOSES OF DISTRICT. (a) The
20	20	district is a municipal utility district created under Section 59,
21	21	Article XVI, Texas Constitution.
22	22	(b) The district is created to accomplish the purposes of:
23	23	(1) a municipal utility district as provided by
24	24	general law and Section 59, Article XVI, Texas Constitution; and
25	25	(2) Section 52, Article III, Texas Constitution, that
26	26	relate to the construction, acquisition, improvement, operation,
27	27	or maintenance of macadamized, graveled, or paved roads, or
28	28	improvements, including storm drainage, in aid of those roads.
29	29	SUBCHAPTER B. POWERS AND DUTIES
30	30	Sec. 8096.0201. GENERAL POWERS AND DUTIES. The district
31	31	has the powers and duties necessary to accomplish the purposes for
32	32	which the district is created.
33	33	Sec. 8096.0202. MUNICIPAL UTILITY DISTRICT POWERS AND
34	34	DUTIES. The district has the powers and duties provided by the
35	35	general law of this state, including Chapters 49 and 54, Water Code,
36	36	applicable to municipal utility districts created under Section 59,
37	37	Article XVI, Texas Constitution.
38	38	Sec. 8096.0203. AUTHORITY FOR ROAD PROJECTS. Under Section
39	39	52, Article III, Texas Constitution, the district may design,
40	40	acquire, construct, finance, issue bonds for, improve, operate,
41	41	maintain, and convey to this state, a county, or a municipality for
42	42	operation and maintenance macadamized, graveled, or paved roads, or
43	43	improvements, including storm drainage, in aid of those roads.
44	44	Sec. 8096.0204. ROAD STANDARDS AND REQUIREMENTS. (a) A
45	45	road project must meet all applicable construction standards,
46	46	zoning and subdivision requirements, and regulations of each
47	47	municipality in whose corporate limits or extraterritorial
48	48	jurisdiction the road project is located.
49	49	(b) If a road project is not located in the corporate limits
50	50	or extraterritorial jurisdiction of a municipality, the road
51	51	project must meet all applicable construction standards,
52	52	subdivision requirements, and regulations of each county in which
53	53	the road project is located.
54	54	(c) If the state will maintain and operate the road, the
55	55	Texas Transportation Commission must approve the plans and
56	56	specifications of the road project.
57	57	Sec. 8096.0205. DIVISION OF DISTRICT. (a) The district may
58	58	be divided into two or more new districts only if the district:
59	59	(1) has never issued any bonds; and
60	60	(2) is not imposing ad valorem taxes.
61	61	(b) This chapter applies to any new district created by the
62	62	division of the district, and a new district has all the powers and
63	63	duties of the district.
64	64	(c) Any new district created by the division of the district
65	65	may not, at the time the new district is created, contain any land
66	66	outside the area of the district as it existed on January 1, 2019.
67	67	(d) The board, on its own motion or on receipt of a petition
68	68	signed by the owner or owners of a majority of the assessed value of
69	69	the real property in the district, may adopt an order dividing the
70	70	district.
71	71	(e) The board may adopt an order dividing the district
72	72	before or after the date the board holds an election under Section
73	73	49.102, Water Code, to confirm the creation of the district.
74	74	(f) An order dividing the district shall:
75	75	(1) name each new district;
76	76	(2) include the metes and bounds description of the
77	77	territory of each new district;
78	78	(3) appoint temporary directors for each new district;
79	79	and
80	80	(4) provide for the division of assets and liabilities
81	81	between or among the new districts.
82	82	(g) On or before the 30th day after the date of adoption of
83	83	an order dividing the district, the district shall file the order
84	84	with the commission and record the order in the real property
85	85	records of each county in which the district is located.
86	86	(h) Any new district created by the division of the district
87	87	shall hold a confirmation and directors' election as required by
88	88	Section 49.102, Water Code.
89	89	(i) If the creation of the new district is confirmed, the
90	90	new district shall provide the election date and results to the
91	91	Texas Commission on Environmental Quality.
92	92	(j) Any new district created by the division of the district
93	93	must hold an election as required by Section 49.107, Water Code, and
94	94	this chapter to obtain voter approval before the district may
95	95	impose a maintenance tax or issue bonds payable wholly or partly
96	96	from ad valorem taxes.
97	97	(k) Municipal consent to the creation of the district and to
98	98	the inclusion of land in the district acts as municipal consent to
99	99	the creation of any new district created by the division of the
100	100	district and to the inclusion of land in the new district.
101	101	SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
102	102	Sec. 8096.0301. AUTHORITY TO ISSUE BONDS AND OTHER
103	103	OBLIGATIONS FOR ROAD PROJECTS. (a) The district may issue bonds or
104	104	other obligations payable wholly or partly from ad valorem taxes,
105	105	impact fees, revenue, contract payments, grants, or other district
106	106	money, or any combination of those sources, to pay for a road
107	107	project authorized by Section 8096.0203.
108	108	(b) The district may not issue bonds payable from ad valorem
109	109	taxes to finance a road project unless the issuance is approved by a
110	110	vote of a two-thirds majority of the district voters voting at an
111	111	election held for that purpose.
112	112	(c) At the time of issuance, the total principal amount of
113	113	bonds or other obligations issued or incurred to finance road
114	114	projects and payable from ad valorem taxes may not exceed
115	115	one-fourth of the assessed value of the real property in the
116	116	district.
117	117	Sec. 8096.0302. TAXES FOR BONDS. At the time the district
118	118	issues bonds payable wholly or partly from ad valorem taxes, the
119	119	board shall provide for the annual imposition of a continuing
120	120	direct ad valorem tax, without limit as to rate or amount, while all
121	121	or part of the bonds are outstanding as required and in the manner
122	122	provided by Sections 54.601 and 54.602, Water Code.
123	123	SECTION 2. The Montgomery County Municipal Utility District
124	124	No. 164 retains all the rights, powers, privileges, authority,
125	125	duties, and functions that it had before the effective date of this
126	126	Act.
127	127	SECTION 3. (a) The legislature validates and confirms all
128	128	governmental acts and proceedings of the Montgomery County
129	129	Municipal Utility District No. 164 that were taken before the
130	130	effective date of this Act.
131	131	(b) This section does not apply to any matter that on the
132	132	effective date of this Act:
133	133	(1) is involved in litigation if the litigation
134	134	ultimately results in the matter being held invalid by a final court
135	135	judgment; or
136	136	(2) has been held invalid by a final court judgment.
137	137	SECTION 4. (a) The legal notice of the intention to
138	138	introduce this Act, setting forth the general substance of this
139	139	Act, has been published as provided by law, and the notice and a
140	140	copy of this Act have been furnished to all persons, agencies,
141	141	officials, or entities to which they are required to be furnished
142	142	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
143	143	Government Code.
144	144	(b) The governor, one of the required recipients, has
145	145	submitted the notice and Act to the Texas Commission on
146	146	Environmental Quality.
147	147	(c) The Texas Commission on Environmental Quality has filed
148	148	its recommendations relating to this Act with the governor, the
149	149	lieutenant governor, and the speaker of the house of
150	150	representatives within the required time.
151	151	(d) All requirements of the constitution and laws of this
152	152	state and the rules and procedures of the legislature with respect
153	153	to the notice, introduction, and passage of this Act are fulfilled
154	154	and accomplished.
155	155	SECTION 5. This Act takes effect immediately if it receives
156	156	a vote of two-thirds of all the members elected to each house, as
157	157	provided by Section 39, Article III, Texas Constitution. If this
158	158	Act does not receive the vote necessary for immediate effect, this
159	159	Act takes effect September 1, 2019.