Texas 2019 - 86th Regular

Texas House Bill HB4687 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4687
	1	+	By: Bell of Montgomery H.B. No. 4687
	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. 174; 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 8066 to read as follows:
12	19		CHAPTER 8066. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 174
13	20		SUBCHAPTER A. GENERAL PROVISIONS
14	21		Sec. 8066.0101. 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. 174.
21	28		Sec. 8066.0102. 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. 8066.0103. 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. 8066.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	36		temporary directors may not hold an election under Section
30	37		8066.0103 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. 8066.0105. 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. 8066.0106. 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. 8066.0201. 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 8066.0202, directors
60	67		serve staggered four-year terms.
61	68		Sec. 8066.0202. TEMPORARY DIRECTORS. (a) The temporary
62	69		board consists of:
63	70		(1) Lynnette Tujague;
64	71		(2) Andy Mersmann;
65	72		(3) Julia Russell;
66	73		(4) Monica Pena; and
67	74		(5) Madeline Berry.
68	75		(b) Temporary directors serve until the earlier of:
69	76		(1) the date permanent directors are elected under
70	77		Section 8066.0103; or
71	78		(2) the fourth anniversary of the effective date of
72	79		the Act enacting this chapter.
73	80		(c) If permanent directors have not been elected under
74	81		Section 8066.0103 and the terms of the temporary directors have
75	82		expired, successor temporary directors shall be appointed or
76	83		reappointed as provided by Subsection (d) to serve terms that
77	84		expire on the earlier of:
78	85		(1) the date permanent directors are elected under
79	86		Section 8066.0103; or
80	87		(2) the fourth anniversary of the date of the
81	88		appointment or reappointment.
82	89		(d) If Subsection (c) applies, the owner or owners of a
83	90		majority of the assessed value of the real property in the district
84	91		may submit a petition to the commission requesting that the
85	92		commission appoint as successor temporary directors the five
86	93		persons named in the petition. The commission shall appoint as
87	94		successor temporary directors the five persons named in the
88	95		petition.
89	96		SUBCHAPTER C. POWERS AND DUTIES
90	97		Sec. 8066.0301. GENERAL POWERS AND DUTIES. The district
91	98		has the powers and duties necessary to accomplish the purposes for
92	99		which the district is created.
93	100		Sec. 8066.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94	101		DUTIES. The district has the powers and duties provided by the
95	102		general law of this state, including Chapters 49 and 54, Water Code,
96	103		applicable to municipal utility districts created under Section 59,
97	104		Article XVI, Texas Constitution.
98	105		Sec. 8066.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99	106		52, Article III, Texas Constitution, the district may design,
100	107		acquire, construct, finance, issue bonds for, improve, operate,
101	108		maintain, and convey to this state, a county, or a municipality for
102	109		operation and maintenance macadamized, graveled, or paved roads, or
103	110		improvements, including storm drainage, in aid of those roads.
104	111		Sec. 8066.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105	112		road project must meet all applicable construction standards,
106	113		zoning and subdivision requirements, and regulations of each
107	114		municipality in whose corporate limits or extraterritorial
108	115		jurisdiction the road project is located.
109	116		(b) If a road project is not located in the corporate limits
110	117		or extraterritorial jurisdiction of a municipality, the road
111	118		project must meet all applicable construction standards,
112	119		subdivision requirements, and regulations of each county in which
113	120		the road project is located.
114	121		(c) If the state will maintain and operate the road, the
115	122		Texas Transportation Commission must approve the plans and
116	123		specifications of the road project.
117	124		Sec. 8066.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118	125		ORDINANCE OR RESOLUTION. The district shall comply with all
119	126		applicable requirements of any ordinance or resolution that is
120	127		adopted under Section 54.016 or 54.0165, Water Code, and that
121	128		consents to the creation of the district or to the inclusion of land
122	129		in the district.
123	130		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
124	131		Sec. 8066.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
125	132		The district may issue, without an election, bonds and other
126	133		obligations secured by:
127	134		(1) revenue other than ad valorem taxes; or
128	135		(2) contract payments described by Section 8066.0403.
129	136		(b) The district must hold an election in the manner
130	137		provided by Chapters 49 and 54, Water Code, to obtain voter approval
131	138		before the district may impose an ad valorem tax or issue bonds
132	139		payable from ad valorem taxes.
133	140		(c) The district may not issue bonds payable from ad valorem
134	141		taxes to finance a road project unless the issuance is approved by a
135	142		vote of a two-thirds majority of the district voters voting at an
136	143		election held for that purpose.
137	144		Sec. 8066.0402. OPERATION AND MAINTENANCE TAX. (a) If
138	145		authorized at an election held under Section 8066.0401, the
139	146		district may impose an operation and maintenance tax on taxable
140	147		property in the district in accordance with Section 49.107, Water
141	148		Code.
142	149		(b) The board shall determine the tax rate. The rate may not
143	150		exceed the rate approved at the election.
144	151		Sec. 8066.0403. CONTRACT TAXES. (a) In accordance with
145	152		Section 49.108, Water Code, the district may impose a tax other than
146	153		an operation and maintenance tax and use the revenue derived from
147	154		the tax to make payments under a contract after the provisions of
148	155		the contract have been approved by a majority of the district voters
149	156		voting at an election held for that purpose.
150	157		(b) A contract approved by the district voters may contain a
151	158		provision stating that the contract may be modified or amended by
152	159		the board without further voter approval.
153	160		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154	161		Sec. 8066.0501. AUTHORITY TO ISSUE BONDS AND OTHER
155	162		OBLIGATIONS. The district may issue bonds or other obligations
156	163		payable wholly or partly from ad valorem taxes, impact fees,
157	164		revenue, contract payments, grants, or other district money, or any
158	165		combination of those sources, to pay for any authorized district
159	166		purpose.
160	167		Sec. 8066.0502. TAXES FOR BONDS. At the time the district
161	168		issues bonds payable wholly or partly from ad valorem taxes, the
162	169		board shall provide for the annual imposition of a continuing
163	170		direct ad valorem tax, without limit as to rate or amount, while all
164	171		or part of the bonds are outstanding as required and in the manner
165	172		provided by Sections 54.601 and 54.602, Water Code.
166	173		Sec. 8066.0503. BONDS FOR ROAD PROJECTS. At the time of
167	174		issuance, the total principal amount of bonds or other obligations
168	175		issued or incurred to finance road projects and payable from ad
169	176		valorem taxes may not exceed one-fourth of the assessed value of the
170	177		real property in the district.
171	178		SECTION 2. The Montgomery County Municipal Utility District
172	179		No. 174 initially includes all the territory contained in the
173	180		following area:
174	181		Being a tract containing 148.435 acres of land situated in
175	182		the W.T. Dunlavy Survey, Abstract No. 168, the W. Hillhouse Survey,
176	183		Abstract No. 260 and the J. Pierpont Survey, Abstract No. 426, in
177	184		Montgomery County, Texas. Said 148.435 acres being a call 149.849
178	185		acre tract of land recorded in the name of Stacy Elizabeth Smith
179	186		Dudevszky under Montgomery County Clerk's File (M.C.C.F.)
180	187		No. 2005083316, LESS AND EXCEPT a call 1.420 acre tract of land
181	188		recorded in the name of State of Texas under M.C.C.F.
182	189		No. 2010040292. Said 148.435 acres being more particularly
183	190		described by metes and bounds as follows (bearings are referenced
184	191		to the Texas Coordinate System of 1983, Central Zone, based on GPS
185	192		observations):
186	193		BEGINNING at a TXDOT disc found at the southwest corner of the
187	194		herein described tract and northwest corner of said 1.420 acre
188	195		tract, same being on the north Right-of-Way line of F.M. 1774 (width
189	196		varies) and the east line of a call 12.15 acre tract of land
190	197		recorded in the name of James Lamar O'Neal in Volume 745, Page 775
191	198		of the Montgomery County Deed Records (M.C.D.R.);
192	199		THENCE, with said east line and the east line of a call 12.15
193	200		acre tract of land recorded in the name of Edgar Leon O'Neal in
194	201		Volume 745, Page 783 of the M.C.D.R., North 01 degrees 28 minutes 01
195	202		seconds West, a distance of 1,583.43 feet to a 1/2 inch square iron
196	203		rod found;
197	204		THENCE, with the upper south line of said Edgar Leon O'Neal
198	205		12.15 acre tract, North 87 degrees 53 minutes 08 seconds East, a
199	206		distance of 132.46 feet to an iron bolt found;
200	207		THENCE, with aforesaid east line, the east line of those two
201	208		(2) call 5.756 acre tracts of land recorded in the names of Leon
202	209		Charles O'Neal and Norman Leslie O'Neal under M.C.C.F.
203	210		No. 2003039490, and the east line of a call 2.2817 acre tract of
204	211		land recorded in the name of Alice Law Johnson under M.C.C.F.
205	212		No. 98102399, North 01 degrees 56 minutes 32 seconds West, a
206	213		distance of 1,355.78 feet to a 1 inch iron pipe (bent) found on the
207	214		common line between aforesaid Pierpont and Hillhouse Surveys and
208	215		being at the northeast corner of said 2.2817 acre tract;
209	216		THENCE, North 03 degrees 15 minutes 53 seconds West, a
210	217		distance of 454.86 feet to a 5/8 inch iron rod found at the
211	218		southwest corner of a call 7.505 acre tract of land recorded in the
212	219		name of Rondle L. Hartley and Pat A. Hartley under M.C.C.F.
213	220		No. 2000012801;
214	221		THENCE, with the south line of said 7.505 acre tract and a
215	222		call 7.500 acre tract of land recorded in the name of Edmond R.
216	223		Shanks and Amanda D. Shanks under M.C.C.F. No. 2000012802, North 87
217	224		degrees 16 minutes 27 seconds East, a distance of 1,315.32 feet to a
218	225		1/2 inch iron rod found at the southeast corner of said 7.500 acre
219	226		tract;
220	227		THENCE, with the east line of said 7.500 acre tract, North 03
221	228		degrees 14 minutes 39 seconds West, a distance of 496.57 feet to a
222	229		point at a fence corner post found at the northeast corner of said
223	230		7.500 acre tract, the southwest corner of a call 3.0445 acre tract
224	231		of land recorded in the name of Magnolia Castland, Inc. under
225	232		M.C.C.F. No. 99019783, and being at the centerline terminus of
226	233		Sandra Dee Lane, a 60 foot road easement;
227	234		THENCE, with the south line of said 3.0445 acre tract, North
228	235		87 degrees 14 minutes 28 seconds East, at a distance of 30 feet
229	236		passing the east line of said Sandra Dee Lane, and continuing for a
230	237		total distance of 437.37 feet to a 1/2 inch iron rod found at the
231	238		southeast corner of said 3.0445 acre tract and being on the west
232	239		line of a call 12.4782 acre tract of land recorded in the name of
233	240		Charles W. Tatom and Barbara D. Tatom under M.C.C.F. No. 9805419;
234	241		THENCE, with said west line and the west line of a call 3.0690
235	242		acre tract of land recorded in the name of Jessica Manwaring under
236	243		M.C.C.F. No. 2017101365, South 03 degrees 19 minutes 34 seconds
237	244		East, a distance of 496.83 feet to a 5/8 inch capped iron rod
238	245		stamped "GBI Partners" set;
239	246		THENCE, continuing with the west line of said 3.0690 acre
240	247		tract, South 03 degrees 06 minutes 29 seconds East, a distance of
241	248		457.74 feet to a 3/4 inch iron rod found at the northwest corner of a
242	249		call 17.845 acre tract of land recorded in the name of Diane M Daleo
243	250		under M.C.C.F. No. 2011008721 and being on the common line between
244	251		aforesaid Pierpont and Dunlavy Surveys;
245	252		THENCE, with the west line of said 17.845 acre tract and a
246	253		call 8.6122 acre tract of land (styled "Tract 2") recorded in the
247	254		name of DMJ Kachel, LLC under M.C.C.F. No. 2016105309, South 02
248	255		degrees 08 minutes 18 seconds East, a distance of 1,117.06 feet to a
249	256		point in Kachel Lake, said point being the common corner between
250	257		aforesaid 149.849 acre tract, 8.6122 acre tract, and a call 35.151
251	258		acre tract of land recorded in the name of Christopher H. Osborne
252	259		and Gail J. Osborne under M.C.C.F No. 2012070459;
253	260		THENCE, through and across said Kachel Lake and with a north
254	261		line of said 35.151 acre tract, South 75 degrees 12 minutes 08
255	262		seconds West, a distance of 181.21 feet to a point in said Kachel
256	263		Lake;
257	264		THENCE, with the west line of said 35.151 acre tract, South 02
258	265		degrees 28 minutes 35 seconds West, at a distance of 250.97 feet
259	266		passing a found 1 inch iron pipe for reference, and continuing for a
260	267		total distance of 1,125.43 feet to a 5/8 inch iron rod found at the
261	268		southwest corner of said 35.151 acre tract and the northwest corner
262	269		of Undesignated Reserve "A", Block 1 of Final Plat of Magnolia Road
263	270		Investments, a subdivision recorded in M.C.C.F. No. 2018013113
264	271		(Cabinet 00Z, Sheet 4961);
265	272		THENCE, with the west line of said Undesignated Reserve "A",
266	273		South 07 degrees 40 minutes 10 seconds East, a distance of 1,225.58
267	274		feet to a TXDOT disc found at the southwest corner of said
268	275		Undesignated Reserve "A", the northeast corner of aforesaid 1.420
269	276		acre tract of land and being on the aforesaid north R.O.W. line of
270	277		F.M. 1774, from which point a found TXDOT disc bears South 74
271	278		degrees 45 minutes 48 seconds East, a distance of 243.20 feet;
272	279		THENCE, with said north R.O.W. line and the north line of said
273	280		1.420 acre tract, the following two (2) courses:
274	281		1.) North 74 degrees 45 minutes 48 seconds West, a distance
275	282		of 733.80 feet to a TXDOT disc found;
276	283		2.) North 75 degrees 03 minutes 25 seconds West, at a
277	284		distance of 136.05 feet passing a found TXDOT disc for reference at
278	285		the common line between aforesaid Dunlavy and Hillhouse Surveys,
279	286		and continuing for a total distance of 1,107.06 feet to the POINT OF
280	287		BEGINNING and containing 148.435 acres of land, more or less.
281	288		SECTION 3. (a) The legal notice of the intention to
282	289		introduce this Act, setting forth the general substance of this
283	290		Act, has been published as provided by law, and the notice and a
284	291		copy of this Act have been furnished to all persons, agencies,
285	292		officials, or entities to which they are required to be furnished
286	293		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
287	294		Government Code.
288	295		(b) The governor, one of the required recipients, has
289	296		submitted the notice and Act to the Texas Commission on
290	297		Environmental Quality.
291	298		(c) The Texas Commission on Environmental Quality has filed
292	299		its recommendations relating to this Act with the governor, the
293	300		lieutenant governor, and the speaker of the house of
294	301		representatives within the required time.
295	302		(d) All requirements of the constitution and laws of this
296	303		state and the rules and procedures of the legislature with respect
297	304		to the notice, introduction, and passage of this Act are fulfilled
298	305		and accomplished.
299	306		SECTION 4. (a) If this Act does not receive a two-thirds
300	307		vote of all the members elected to each house, Subchapter C, Chapter
301	308		8066, Special District Local Laws Code, as added by Section 1 of
302	309		this Act, is amended by adding Section 8066.0306 to read as follows:
303	310		Sec. 8066.0306. NO EMINENT DOMAIN POWER. The district may
304	311		not exercise the power of eminent domain.
305	312		(b) This section is not intended to be an expression of a
306	313		legislative interpretation of the requirements of Section 17(c),
307	314		Article I, Texas Constitution.
308	315		SECTION 5. This Act takes effect immediately if it receives
309	316		a vote of two-thirds of all the members elected to each house, as
310	317		provided by Section 39, Article III, Texas Constitution. If this
311	318		Act does not receive the vote necessary for immediate effect, this
312	319		Act takes effect September 1, 2019.
313		-	______________________________ ______________________________
314		-	President of the Senate Speaker of the House
315		-	I certify that H.B. No. 4687 was passed by the House on May 3,
316		-	2019, by the following vote: Yeas 123, Nays 17, 2 present, not
317		-	voting.
318		-	______________________________
319		-	Chief Clerk of the House
320		-	I certify that H.B. No. 4687 was passed by the Senate on May
321		-	22, 2019, by the following vote: Yeas 30, Nays 1.
322		-	______________________________
323		-	Secretary of the Senate
324		-	APPROVED: _____________________
325		-	Date
326		-	_____________________
327		-	Governor
	320	+	* * * * *