Texas 2019 - 86th Regular

Texas House Bill HB4682 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4682
	1	+	By: Bell of Montgomery (Senate Sponsor - Creighton) H.B. No. 4682
	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. 166; 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 8067 to read as follows:
12	18		CHAPTER 8067. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 166
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 8067.0101. 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. 166.
21	27		Sec. 8067.0102. 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. 8067.0103. 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. 8067.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section
30	36		8067.0103 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. 8067.0105. 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. 8067.0106. 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. 8067.0201. 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 8067.0202, directors
60	66		serve staggered four-year terms.
61	67		Sec. 8067.0202. TEMPORARY DIRECTORS. (a) The temporary
62	68		board consists of:
63	69		(1) Emily Lassetter;
64	70		(2) Stephanie Trevino;
65	71		(3) Mike Scott;
66	72		(4) Allen DeJonge; and
67	73		(5) Marcus Campbell.
68	74		(b) Temporary directors serve until the earlier of:
69	75		(1) the date permanent directors are elected under
70	76		Section 8067.0103; 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 8067.0103 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 8067.0103; 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. 8067.0301. 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. 8067.0302. 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. 8067.0303. 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. 8067.0304. 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. 8067.0305. 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		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
124	130		Sec. 8067.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
125	131		The district may issue, without an election, bonds and other
126	132		obligations secured by:
127	133		(1) revenue other than ad valorem taxes; or
128	134		(2) contract payments described by Section 8067.0403.
129	135		(b) The district must hold an election in the manner
130	136		provided by Chapters 49 and 54, Water Code, to obtain voter approval
131	137		before the district may impose an ad valorem tax or issue bonds
132	138		payable from ad valorem taxes.
133	139		(c) The district may not issue bonds payable from ad valorem
134	140		taxes to finance a road project unless the issuance is approved by a
135	141		vote of a two-thirds majority of the district voters voting at an
136	142		election held for that purpose.
137	143		Sec. 8067.0402. OPERATION AND MAINTENANCE TAX. (a) If
138	144		authorized at an election held under Section 8067.0401, the
139	145		district may impose an operation and maintenance tax on taxable
140	146		property in the district in accordance with Section 49.107, Water
141	147		Code.
142	148		(b) The board shall determine the tax rate. The rate may not
143	149		exceed the rate approved at the election.
144	150		Sec. 8067.0403. CONTRACT TAXES. (a) In accordance with
145	151		Section 49.108, Water Code, the district may impose a tax other than
146	152		an operation and maintenance tax and use the revenue derived from
147	153		the tax to make payments under a contract after the provisions of
148	154		the contract have been approved by a majority of the district voters
149	155		voting at an election held for that purpose.
150	156		(b) A contract approved by the district voters may contain a
151	157		provision stating that the contract may be modified or amended by
152	158		the board without further voter approval.
153	159		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	160		Sec. 8067.0501. AUTHORITY TO ISSUE BONDS AND OTHER
155	161		OBLIGATIONS. The district may issue bonds or other obligations
156	162		payable wholly or partly from ad valorem taxes, impact fees,
157	163		revenue, contract payments, grants, or other district money, or any
158	164		combination of those sources, to pay for any authorized district
159	165		purpose.
160	166		Sec. 8067.0502. TAXES FOR BONDS. At the time the district
161	167		issues bonds payable wholly or partly from ad valorem taxes, the
162	168		board shall provide for the annual imposition of a continuing
163	169		direct ad valorem tax, without limit as to rate or amount, while all
164	170		or part of the bonds are outstanding as required and in the manner
165	171		provided by Sections 54.601 and 54.602, Water Code.
166	172		Sec. 8067.0503. BONDS FOR ROAD PROJECTS. At the time of
167	173		issuance, the total principal amount of bonds or other obligations
168	174		issued or incurred to finance road projects and payable from ad
169	175		valorem taxes may not exceed one-fourth of the assessed value of the
170	176		real property in the district.
171	177		SECTION 2. The Montgomery County Municipal Utility District
172	178		No. 166 initially includes all the territory contained in the
173	179		following area:
174	180		BEING a 200.31 acre tract of land in the T Chatham Survey
175	181		Abstract 137 being all of a called 152.0 acre tract of land as
176	182		recorded in Montgomery County Clerk's File No. 2017-01236 (Save and
177	183		Except the Right of Way of FM 2854 as recorded in Volume 1110, Page
178	184		816 of the Deed Records of Montgomery County) and all of a called
179	185		52.4 acre tract of land as recorded in Montgomery County Clerk's
180	186		File No. 2017-012360, said 200.31 acre tract being more
181	187		particularly described as follows:
182	188		BEGINNING at a 1/2" iron rod found for the southeast corner of
183	189		Lot 13 Block 1 Hilltop Ranch, Section 1, a subdivision recorded in
184	190		the Cabinet O, Sheet 138 of the Map Records of Montgomery County,
185	191		Texas, also being the southwesterly corner of the said 52.4 acre
186	192		tract and being southwesterly corner of herein described tract;
187	193		THENCE N 02 deg. 05' 33" W along an easterly line of Hilltop
188	194		Ranch, a distance of 1645.09 feet to a 1/2'' iron rod for an interior
189	195		angle point of Hilltop Ranch and being the northwesterly corner of
190	196		herein described tract;
191	197		THENCE N 86 deg. 27' 49" E along a southerly line of Hilltop
192	198		Ranch, a distance of 1300.68 feet to a 1/2" iron rod found for an
193	199		easterly southeast corner of Hilltop Ranch, also in the westerly
194	200		line of Roman Hills Section 1 as recorded in Volume 10, Sheet 58 of
195	201		the Map Record of Montgomery County, Texas and being the
196	202		northeasterly corner of herein described tract;
197	203		THENCE S 02 deg. 42' 57" E along the westerly line of Roman
198	204		Hills Section 1, a distance of 3381.75 feet to a 1/2'' iron rod found
199	205		in the northerly line of a called 857.061 acre tract as recorded in
200	206		Montgomery County Clerk's File No. 2013-004324, and being the
201	207		southeasterly corner of herein described tract;
202	208		THENCE S 89 deg. 21' 05" W along the northerly line of said
203	209		857.061 acre tract, a distance of 1064.74 feet to a 3" iron pipe
204	210		found for the northeasterly corner of the Winston Heir's 1.00 acre
205	211		tract, also being the northwesterly corner of the said 857.061 acre
206	212		tract and being a angle point of the herein described tract;
207	213		THENCE S 87 deg. 24' 19" W along the northerly line of the
208	214		Winston tract, a distance of 1949.94 feet to a 1/2" iron rod found
209	215		in the easterly Right of Way of FM 2854, also being the
210	216		northwesterly corner of a called 37.89 acre tract of land as
211	217		recorded in Montgomery County Clerk's File No. 9534597, and being
212	218		the southwesterly corner of the herein described tract;
213	219		THENCE along the easterly Right of Way of FM 2854, N 52 deg.
214	220		18' 39" W a distance of 865.84 feet to a concrete monument found for
215	221		an angle point;
216	222		THENCE along the easterly Right of Way of FM 2854, along a
217	223		curve to the right with a radius of 2804.79 feet, a chord that bears
218	224		N 44 deg. 18' 53" W a distance of 794.75 feet to a concrete monument
219	225		found for an angle point;
220	226		THENCE N 35 deg. 48' 17" W along the easterly Right of Way of
221	227		FM 2854, a distance of 640.23 feet to a 5/8" iron rod found for the
222	228		southerly southwest corner of Hilltop Ranch, and being the
223	229		northwesterly corner herein described tract;
224	230		THENCE N 87 deg. 34' 27" E along the southerly line of Hilltop
225	231		Ranch, a distance of 3232.07 feet to the POINT OF BEGINNING and
226	232		containing 200.31 acres of land, more or less.
227	233		SECTION 3. (a) The legal notice of the intention to
228	234		introduce this Act, setting forth the general substance of this
229	235		Act, has been published as provided by law, and the notice and a
230	236		copy of this Act have been furnished to all persons, agencies,
231	237		officials, or entities to which they are required to be furnished
232	238		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
233	239		Government Code.
234	240		(b) The governor, one of the required recipients, has
235	241		submitted the notice and Act to the Texas Commission on
236	242		Environmental Quality.
237	243		(c) The Texas Commission on Environmental Quality has filed
238	244		its recommendations relating to this Act with the governor, the
239	245		lieutenant governor, and the speaker of the house of
240	246		representatives within the required time.
241	247		(d) All requirements of the constitution and laws of this
242	248		state and the rules and procedures of the legislature with respect
243	249		to the notice, introduction, and passage of this Act are fulfilled
244	250		and accomplished.
245	251		SECTION 4. (a) If this Act does not receive a two-thirds
246	252		vote of all the members elected to each house, Subchapter C, Chapter
247	253		8067, Special District Local Laws Code, as added by Section 1 of
248	254		this Act, is amended by adding Section 8067.0306 to read as follows:
249	255		Sec. 8067.0306. NO EMINENT DOMAIN POWER. The district may
250	256		not exercise the power of eminent domain.
251	257		(b) This section is not intended to be an expression of a
252	258		legislative interpretation of the requirements of Section 17(c),
253	259		Article I, Texas Constitution.
254	260		SECTION 5. This Act takes effect immediately if it receives
255	261		a vote of two-thirds of all the members elected to each house, as
256	262		provided by Section 39, Article III, Texas Constitution. If this
257	263		Act does not receive the vote necessary for immediate effect, this
258	264		Act takes effect September 1, 2019.
259		-	______________________________ ______________________________
260		-	President of the Senate Speaker of the House
261		-	I certify that H.B. No. 4682 was passed by the House on May 3,
262		-	2019, by the following vote: Yeas 122, Nays 18, 2 present, not
263		-	voting.
264		-	______________________________
265		-	Chief Clerk of the House
266		-	I certify that H.B. No. 4682 was passed by the Senate on May
267		-	22, 2019, by the following vote: Yeas 30, Nays 1.
268		-	______________________________
269		-	Secretary of the Senate
270		-	APPROVED: _____________________
271		-	Date
272		-	_____________________
273		-	Governor
	265	+	* * * * *