Texas 2019 - 86th Regular

Texas House Bill HB4688 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4688
	1	+	By: Bell of Montgomery H.B. No. 4688
	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. 175; 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 8050 to read as follows:
12	19		CHAPTER 8050. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 175
13	20		SUBCHAPTER A. GENERAL PROVISIONS
14	21		Sec. 8050.0101. 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. 175.
21	28		Sec. 8050.0102. 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. 8050.0103. 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. 8050.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	36		temporary directors may not hold an election under Section
30	37		8050.0103 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. 8050.0105. 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. 8050.0106. 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. 8050.0201. 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 8050.0202, directors
60	67		serve staggered four-year terms.
61	68		Sec. 8050.0202. 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	73		named in the petition. The commission shall appoint as temporary
67	74		directors the five persons named in the petition.
68	75		(b) Temporary directors serve until the earlier of:
69	76		(1) the date permanent directors are elected under
70	77		Section 8050.0103; 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 8050.0103 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 8050.0103; 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. 8050.0301. 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. 8050.0302. 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. 8050.0303. 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. 8050.0304. 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. 8050.0305. 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		Sec. 8050.0306. DIVISION OF DISTRICT. (a) The district may
124	131		be divided into two or more new districts only if the district:
125	132		(1) has never issued any bonds; and
126	133		(2) is not imposing ad valorem taxes.
127	134		(b) This chapter applies to any new district created by the
128	135		division of the district, and a new district has all the powers and
129	136		duties of the district.
130	137		(c) Any new district created by the division of the district
131	138		may not, at the time the new district is created, contain any land
132	139		outside the area described by Section 2 of the Act enacting this
133	140		chapter.
134	141		(d) The board, on its own motion or on receipt of a petition
135	142		signed by the owner or owners of a majority of the assessed value of
136	143		the real property in the district, may adopt an order dividing the
137	144		district.
138	145		(e) The board may adopt an order dividing the district
139	146		before or after the date the board holds an election under Section
140	147		8050.0103 to confirm the creation of the district.
141	148		(f) An order dividing the district shall:
142	149		(1) name each new district;
143	150		(2) include the metes and bounds description of the
144	151		territory of each new district;
145	152		(3) appoint temporary directors for each new district;
146	153		and
147	154		(4) provide for the division of assets and liabilities
148	155		between or among the new districts.
149	156		(g) On or before the 30th day after the date of adoption of
150	157		an order dividing the district, the district shall file the order
151	158		with the commission and record the order in the real property
152	159		records of each county in which the district is located.
153	160		(h) Any new district created by the division of the district
154	161		shall hold a confirmation and directors' election as required by
155	162		Section 8050.0103.
156	163		(i) If the creation of the new district is confirmed, the
157	164		new district shall provide the election date and results to the
158	165		commission.
159	166		(j) Any new district created by the division of the district
160	167		must hold an election as required by this chapter to obtain voter
161	168		approval before the district may impose a maintenance tax or issue
162	169		bonds payable wholly or partly from ad valorem taxes.
163	170		(k) Municipal consent to the creation of the district and to
164	171		the inclusion of land in the district granted under Section
165	172		8050.0104 acts as municipal consent to the creation of any new
166	173		district created by the division of the district and to the
167	174		inclusion of land in the new district.
168	175		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
169	176		Sec. 8050.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
170	177		The district may issue, without an election, bonds and other
171	178		obligations secured by:
172	179		(1) revenue other than ad valorem taxes; or
173	180		(2) contract payments described by Section 8050.0403.
174	181		(b) The district must hold an election in the manner
175	182		provided by Chapters 49 and 54, Water Code, to obtain voter approval
176	183		before the district may impose an ad valorem tax or issue bonds
177	184		payable from ad valorem taxes.
178	185		(c) The district may not issue bonds payable from ad valorem
179	186		taxes to finance a road project unless the issuance is approved by a
180	187		vote of a two-thirds majority of the district voters voting at an
181	188		election held for that purpose.
182	189		Sec. 8050.0402. OPERATION AND MAINTENANCE TAX. (a) If
183	190		authorized at an election held under Section 8050.0401, the
184	191		district may impose an operation and maintenance tax on taxable
185	192		property in the district in accordance with Section 49.107, Water
186	193		Code.
187	194		(b) The board shall determine the tax rate. The rate may not
188	195		exceed the rate approved at the election.
189	196		Sec. 8050.0403. CONTRACT TAXES. (a) In accordance with
190	197		Section 49.108, Water Code, the district may impose a tax other than
191	198		an operation and maintenance tax and use the revenue derived from
192	199		the tax to make payments under a contract after the provisions of
193	200		the contract have been approved by a majority of the district voters
194	201		voting at an election held for that purpose.
195	202		(b) A contract approved by the district voters may contain a
196	203		provision stating that the contract may be modified or amended by
197	204		the board without further voter approval.
198	205		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
199	206		Sec. 8050.0501. AUTHORITY TO ISSUE BONDS AND OTHER
200	207		OBLIGATIONS. The district may issue bonds or other obligations
201	208		payable wholly or partly from ad valorem taxes, impact fees,
202	209		revenue, contract payments, grants, or other district money, or any
203	210		combination of those sources, to pay for any authorized district
204	211		purpose.
205	212		Sec. 8050.0502. TAXES FOR BONDS. At the time the district
206	213		issues bonds payable wholly or partly from ad valorem taxes, the
207	214		board shall provide for the annual imposition of a continuing
208	215		direct ad valorem tax, without limit as to rate or amount, while all
209	216		or part of the bonds are outstanding as required and in the manner
210	217		provided by Sections 54.601 and 54.602, Water Code.
211	218		Sec. 8050.0503. BONDS FOR ROAD PROJECTS. At the time of
212	219		issuance, the total principal amount of bonds or other obligations
213	220		issued or incurred to finance road projects and payable from ad
214	221		valorem taxes may not exceed one-fourth of the assessed value of the
215	222		real property in the district.
216	223		SECTION 2. The Montgomery County Municipal Utility District
217	224		No. 175 initially includes all the territory contained in the
218	225		following area:
219	226		A TRACT OF LAND SITUATED IN THE STATE OF TEXAS, IN MONTGOMERY
220	227		COUNTY, TEXAS AND CONTAINING 857.061 ACRES OF LAND NOW OR FORMERLY
221	228		OWNED BY GEORGE P. MITCHELL AND BEING ALL OR PART OF THE FOLLOWING
222	229		SURVEYS: WILLIAM LOWE SURVEY A-325 AND MATTHEW MORSE SURVEY A-337.
223	230		SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND
224	231		BOUNDS AS FOLLOWS: BEARING ORIENTATION IS BASED ON THE TEXAS STATE
225	232		PLANE COORDINATE SYSTEM, CENTRAL ZONE.
226	233		BEGINNING AT A FENCE CORNER BEING THE SOUTHWEST CORNER OF THE
227	234		TRACT HEREIN BEING DESCRIBED AND BEING AT ITS INTERSECTION WITH THE
228	235		EAST RIGHT-OF-WAY OF STATE HIGHWAY NO. 149 (100' R.O.W.) AND BEING
229	236		ALSO ON THE SOUTH BOUNDARY OF THE WILLIAM LOWE SURVEY A-325, BEING A
230	237		COMMON BOUNDARY WITH THE NORTH BOUNDARY OF THE WILLIAM McNINN NUNER
231	238		SURVEY A-401. SAID POINT OF BEGINNING HAVING A TEXAS STATE PLANE
232	239		COORDINATE VALUE OF X=3,462,817.99, Y=363,395.89.
233	240		THENCE N02° 59' 17"W, 3,465.49 FEET ALONG THE WEST BOUNDARY OF
234	241		THIS TRACT AS FENCED AND OCCUPIED AND ALONG THE EAST RIGHT-OF-WAY OF
235	242		SAID STATE HIGHWAY NO. 149 TO A FENCE CORNER AND POINT FOR CORNER
236	243		FOR THIS TRACT. SAID CORNER BEING COMMON WITH THE SOUTHWEST CORNER
237	244		OF "177 LAKE ESTATES SUBDIVISION."
238	245		THENCE N87° 05' 50"E, 2,735.87 FEET ALONG A NORTH BOUNDARY OF
239	246		THIS TRACT AS FENCED AND OCCUPIED, BEING ALSO THE SOUTH BOUNDARY OF
240	247		SAID "177 LAKE ESTATES SUBDIVISION" AND BEING ALSO THE NORTH
241	248		BOUNDARY OF SAID WILLIAM LOWE SURVEY TO A POINT FOR CORNER MARKED BY
242	249		A 4" BOILER PIPE (FOUND) AT FENCE CORNER.
243	250		THENCE N03° 28' 09"W, 2,738.46 FEET ALONG A WEST BOUNDARY OF
244	251		THIS TRACT AS FENCED AND OCCUPIED, BEING COMMON WITH THE EAST
245	252		BOUNDARY OF SAID "177 LAKE ESTATES SUBDIVISION" AND BEING ALSO A
246	253		WEST BOUNDARY OF THE MATTHEW MORSE SURVEY TO A POINT FOR CORNER
247	254		BEING THE NORTHWEST CORNER OF THIS TRACT AND BEING AT ITS
248	255		INTERSECTION WITH THE SOUTH RIGHT-OF-WAY KEENAN CUT OFF ROAD, AND
249	256		MARKED BY A 4" BOILER PIPE (FOUND).
250	257		THENCE, N86° 45' 31"E, 4,030.41 FEET ALONG A NORTH BOUNDARY OF
251	258		THIS TRACT, SAME BEING THE NORTH BOUNDARY OF SAID MATTHEW MORSE
252	259		SURVEY AND THE SOUTH RIGHT-OF-WAY OF KEENAN ROAD TO A POINT FOR
253	260		CORNER AND FENCE CORNER. SAID CORNER BEING ALSO THE NORTHWEST
254	261		CORNER OF THE T.J. NICHOLS SURVEY.
255	262		THENCE ALONG A COMMON BOUNDARY BETWEEN THE MATTHEW MORSE
256	263		SURVEY AND THE T.J. NICHOLS SURVEY AS FENCED AND OCCUPIED AS
257	264		FOLLOWS:
258	265		S03° 06' 04"E, 2,334.84 FEET TO A FENCE CORNER, AND POINT FOR CORNER.
259	266		AND N87° 21' 40"E, 1,301.13 FEET TO A POINT FOR CORNER MARKED BY A 4"
260	267		BOILER PIPE (FOUND) AT FENCE CORNER AND BEING AT ITS INTERSECTION
261	268		WITH THE WEST BOUNDARY OF THE JAMES HALL SURVEY.
262	269		THENCE ALONG THE EAST BOUNDARY OF SAID MATTHEW MORSE SURVEY
263	270		AS FENCED AND OCCUPIED, SAME BEING THE WEST BOUNDARY OF SAID JAMES
264	271		HALL SURVEY AND THE M.J. KIRBY AS FOLLOWS:
265	272		S02° 58' 28"E, 2,103.25 FEET TO A POINT FOR CORNER MARKED BY A 1 1/4"
266	273		IRON PIPE (FOUND).
267	274		S03° 24' 06"E, 21,203.26 FEET TO A POINT FOR CORNER MARKED BY A 1
268	275		1/4" IRON PIPE (FOUND).
269	276		AND S03° 50' 21"E, 346.32 FEET TO A POINT FOR CORNER AT ITS
270	277		INTERSECTION WITH THE NORTH BOUNDARY OF A 20.00 ACRE TRACT OWNED BY
271	278		GEORGE P. MITCHELL.
272	279		THENCE ALONG THE SOUTH BOUNDARY OF THIS TRACT SEVERING THE
273	280		MATTHEW MORSE SURVEY ALONG THE NORTH AND WEST BOUNDARY OF ABOVE
274	281		MENTIONED 20.00 ACRE TRACT AS FOLLOWS:
275	282		S89° 31' 14"W, 1,727.72 FEET TO A POINT FOR CORNER MARKED BY A 5/8"
276	283		IRON ROD WITH ALUMINUM CAP (FOUND).
277	284		AND S00° 28' 46"E, 500.00 FEET TO A POINT FOR CORNER ON THE SOUTH
278	285		LINE OF SAID MATTHEW MORSE SURVEY BEING COMMON WITH THE NORTH
279	286		BOUNDARY OF THE DANIEL ROPER SURVEY.
280	287		THENCE S89° 31' 14"W, 2,144.18 FEET ALONG THE ABOVE MENTIONED
281	288		COMMON SURVEY LINE TO A POINT FOR CORNER.
282	289		THENCE SEVERING SAID MATTHEW MORSE SURVEY AND THE WILLIAM
283	290		LOWE SURVEY AS FOLLOWS:
284	291		N02° 59' 17"W, 913.97 FEET TO A POINT FOR CORNER MARKED BY A 5/8"
285	292		IRON ROD WITH ALUMINUM CAP (FOUND).
286	293		S89° 31' 14"W, 1,868.81 FEET TO A POINT FOR CORNER ON THE CENTERLINE
287	294		OF THE TEXAS EASTERN PIPELINE RIGHT-OF-WAY RECORDED IN VOLUME 336,
288	295		PAGE 429 OF THE DEED RECORDS OF MONTGOMERY COUNTY, TEXAS (50 FEET
289	296		WIDE PIPELINE RIGHT-OF-WAY).
290	297		AND S44° 01' 41"W, 1,280.36 FEET ALONG THE CENTERLINE OF SAID
291	298		PIPELINE RIGHT-OF-WAY TO A POINT FOR CORNER AT ITS INTERSECTION
292	299		WITH THE SOUTH BOUNDARY OF SAID WILLIAM LOWE SURVEY AND BEING COMMON
293	300		WITH THE NORTH BOUNDARY OF THE DANIEL ROPER SURVEY.
294	301		THENCE S89° 31' 14"W, 83.12 FEET ALONG THE ABOVE MENTIONED
295	302		COMMON SURVEY LINE TO POINT FOR CORNER MARKED BY A 4" BOILER PIPE AT
296	303		FENCE CORNER AND BEING ALSO THE NORTHWEST CORNER OF THE DANIEL ROPER
297	304		SURVEY.
298	305		THENCE S86° 11' 16"W, 1,285.65 FEET ALONG THE SOUTH BOUNDARY
299	306		OF THE WILLIAM LOWE SURVEY BEING ALSO THE NORTH BOUNDARY OF THE WM.
300	307		McNINN NUNER SURVEY AS FENCED AND OCCUPIED TO THE POINT OF BEGINNING
301	308		AND CONTAINING 857.061 ACRES OF LAND.
302	309		SECTION 3. (a) The legal notice of the intention to
303	310		introduce this Act, setting forth the general substance of this
304	311		Act, has been published as provided by law, and the notice and a
305	312		copy of this Act have been furnished to all persons, agencies,
306	313		officials, or entities to which they are required to be furnished
307	314		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
308	315		Government Code.
309	316		(b) The governor, one of the required recipients, has
310	317		submitted the notice and Act to the Texas Commission on
311	318		Environmental Quality.
312	319		(c) The Texas Commission on Environmental Quality has filed
313	320		its recommendations relating to this Act with the governor, the
314	321		lieutenant governor, and the speaker of the house of
315	322		representatives within the required time.
316	323		(d) All requirements of the constitution and laws of this
317	324		state and the rules and procedures of the legislature with respect
318	325		to the notice, introduction, and passage of this Act are fulfilled
319	326		and accomplished.
320	327		SECTION 4. (a) If this Act does not receive a two-thirds
321	328		vote of all the members elected to each house, Subchapter C, Chapter
322	329		8050, Special District Local Laws Code, as added by Section 1 of
323	330		this Act, is amended by adding Section 8050.0307 to read as follows:
324	331		Sec. 8050.0307. NO EMINENT DOMAIN POWER. The district may
325	332		not exercise the power of eminent domain.
326	333		(b) This section is not intended to be an expression of a
327	334		legislative interpretation of the requirements of Section 17(c),
328	335		Article I, Texas Constitution.
329	336		SECTION 5. This Act takes effect immediately if it receives
330	337		a vote of two-thirds of all the members elected to each house, as
331	338		provided by Section 39, Article III, Texas Constitution. If this
332	339		Act does not receive the vote necessary for immediate effect, this
333	340		Act takes effect September 1, 2019.
334		-	______________________________ ______________________________
335		-	President of the Senate Speaker of the House
336		-	I certify that H.B. No. 4688 was passed by the House on May 3,
337		-	2019, by the following vote: Yeas 123, Nays 17, 2 present, not
338		-	voting.
339		-	______________________________
340		-	Chief Clerk of the House
341		-	I certify that H.B. No. 4688 was passed by the Senate on May
342		-	22, 2019, by the following vote: Yeas 30, Nays 1.
343		-	______________________________
344		-	Secretary of the Senate
345		-	APPROVED: _____________________
346		-	Date
347		-	_____________________
348		-	Governor
	341	+	* * * * *