Texas 2019 - 86th Regular

Texas House Bill HB4702 Compare Versions

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1-H.B. No. 4702
1+By: Metcalf (Senate Sponsor - Nichols) H.B. No. 4702
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 17, 2019, reported favorably by
5+ the following vote: Yeas 7, Nays 0; May 17, 2019, sent to printer.)
6+Click here to see the committee vote
27
38
9+ A BILL TO BE ENTITLED
410 AN ACT
511 relating to the creation of the Montgomery County Municipal Utility
612 District No. 179; granting a limited power of eminent domain;
713 providing authority to issue bonds; providing authority to impose
814 assessments, fees, and taxes.
915 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1016 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1117 Code, is amended by adding Chapter 8082 to read as follows:
1218 CHAPTER 8082. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 179
1319 SUBCHAPTER A. GENERAL PROVISIONS
1420 Sec. 8082.0101. DEFINITIONS. In this chapter:
1521 (1) "Board" means the district's board of directors.
1622 (2) "Commission" means the Texas Commission on
1723 Environmental Quality.
1824 (3) "Director" means a board member.
1925 (4) "District" means the Montgomery County Municipal
2026 Utility District No. 179.
2127 Sec. 8082.0102. NATURE OF DISTRICT. The district is a
2228 municipal utility district created under Section 59, Article XVI,
2329 Texas Constitution.
2430 Sec. 8082.0103. CONFIRMATION AND DIRECTOR ELECTION
2531 REQUIRED. The temporary directors shall hold an election to
2632 confirm the creation of the district and to elect five permanent
2733 directors as provided by Section 49.102, Water Code.
2834 Sec. 8082.0104. CONSENT OF MUNICIPALITY REQUIRED. The
2935 temporary directors may not hold an election under Section
3036 8082.0103 until each municipality in whose corporate limits or
3137 extraterritorial jurisdiction the district is located has
3238 consented by ordinance or resolution to the creation of the
3339 district and to the inclusion of land in the district.
3440 Sec. 8082.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3541 (a) The district is created to serve a public purpose and benefit.
3642 (b) The district is created to accomplish the purposes of:
3743 (1) a municipal utility district as provided by
3844 general law and Section 59, Article XVI, Texas Constitution; and
3945 (2) Section 52, Article III, Texas Constitution, that
4046 relate to the construction, acquisition, improvement, operation,
4147 or maintenance of macadamized, graveled, or paved roads, or
4248 improvements, including storm drainage, in aid of those roads.
4349 Sec. 8082.0106. INITIAL DISTRICT TERRITORY. (a) The
4450 district is initially composed of the territory described by
4551 Section 2 of the Act enacting this chapter.
4652 (b) The boundaries and field notes contained in Section 2 of
4753 the Act enacting this chapter form a closure. A mistake made in the
4854 field notes or in copying the field notes in the legislative process
4955 does not affect the district's:
5056 (1) organization, existence, or validity;
5157 (2) right to issue any type of bond for the purposes
5258 for which the district is created or to pay the principal of and
5359 interest on a bond;
5460 (3) right to impose a tax; or
5561 (4) legality or operation.
5662 SUBCHAPTER B. BOARD OF DIRECTORS
5763 Sec. 8082.0201. GOVERNING BODY; TERMS. (a) The district is
5864 governed by a board of five elected directors.
5965 (b) Except as provided by Section 8082.0202, directors
6066 serve staggered four-year terms.
6167 Sec. 8082.0202. TEMPORARY DIRECTORS. (a) On or after the
6268 effective date of the Act enacting this chapter, the owner or owners
6369 of a majority of the assessed value of the real property in the
6470 district may submit a petition to the commission requesting that
6571 the commission appoint as temporary directors the five persons
6672 named in the petition. The commission shall appoint as temporary
6773 directors the five persons named in the petition.
6874 (b) Temporary directors serve until the earlier of:
6975 (1) the date permanent directors are elected under
7076 Section 8082.0103; or
7177 (2) the fourth anniversary of the effective date of
7278 the Act enacting this chapter.
7379 (c) If permanent directors have not been elected under
7480 Section 8082.0103 and the terms of the temporary directors have
7581 expired, successor temporary directors shall be appointed or
7682 reappointed as provided by Subsection (d) to serve terms that
7783 expire on the earlier of:
7884 (1) the date permanent directors are elected under
7985 Section 8082.0103; or
8086 (2) the fourth anniversary of the date of the
8187 appointment or reappointment.
8288 (d) If Subsection (c) applies, the owner or owners of a
8389 majority of the assessed value of the real property in the district
8490 may submit a petition to the commission requesting that the
8591 commission appoint as successor temporary directors the five
8692 persons named in the petition. The commission shall appoint as
8793 successor temporary directors the five persons named in the
8894 petition.
8995 SUBCHAPTER C. POWERS AND DUTIES
9096 Sec. 8082.0301. GENERAL POWERS AND DUTIES. The district
9197 has the powers and duties necessary to accomplish the purposes for
9298 which the district is created.
9399 Sec. 8082.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
94100 DUTIES. The district has the powers and duties provided by the
95101 general law of this state, including Chapters 49 and 54, Water Code,
96102 applicable to municipal utility districts created under Section 59,
97103 Article XVI, Texas Constitution.
98104 Sec. 8082.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
99105 52, Article III, Texas Constitution, the district may design,
100106 acquire, construct, finance, issue bonds for, improve, operate,
101107 maintain, and convey to this state, a county, or a municipality for
102108 operation and maintenance macadamized, graveled, or paved roads, or
103109 improvements, including storm drainage, in aid of those roads.
104110 Sec. 8082.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105111 road project must meet all applicable construction standards,
106112 zoning and subdivision requirements, and regulations of each
107113 municipality in whose corporate limits or extraterritorial
108114 jurisdiction the road project is located.
109115 (b) If a road project is not located in the corporate limits
110116 or extraterritorial jurisdiction of a municipality, the road
111117 project must meet all applicable construction standards,
112118 subdivision requirements, and regulations of each county in which
113119 the road project is located.
114120 (c) If the state will maintain and operate the road, the
115121 Texas Transportation Commission must approve the plans and
116122 specifications of the road project.
117123 Sec. 8082.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118124 ORDINANCE OR RESOLUTION. The district shall comply with all
119125 applicable requirements of any ordinance or resolution that is
120126 adopted under Section 54.016 or 54.0165, Water Code, and that
121127 consents to the creation of the district or to the inclusion of land
122128 in the district.
123129 Sec. 8082.0306. CERTAIN NAVIGATION IMPROVEMENTS. (a) The
124130 district is created for the following purposes and has the power to
125131 purchase, construct, acquire, own, operate, maintain, improve, or
126132 extend, inside or outside the district, a canal or other waterway,
127133 bulkhead, dock, or improvement in aid of such canals, waterways,
128134 bulkheads, or docks.
129135 (b) Notwithstanding any other law, the powers provided by
130136 Subsection (a) are subject to the applicable rules, regulations,
131137 and approval of the San Jacinto River Authority.
132138 (c) In the event the district adopts a rule or regulation
133139 relating to boating or navigation, the rule or regulation must be
134140 consistent with the applicable rules or regulations of the San
135141 Jacinto River Authority.
136142 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
137143 Sec. 8082.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
138144 The district may issue, without an election, bonds and other
139145 obligations secured by:
140146 (1) revenue other than ad valorem taxes; or
141147 (2) contract payments described by Section 8082.0403.
142148 (b) The district must hold an election in the manner
143149 provided by Chapters 49 and 54, Water Code, to obtain voter approval
144150 before the district may impose an ad valorem tax or issue bonds
145151 payable from ad valorem taxes.
146152 (c) The district may not issue bonds payable from ad valorem
147153 taxes to finance a road project unless the issuance is approved by a
148154 vote of a two-thirds majority of the district voters voting at an
149155 election held for that purpose.
150156 Sec. 8082.0402. OPERATION AND MAINTENANCE TAX. (a) If
151157 authorized at an election held under Section 8082.0401, the
152158 district may impose an operation and maintenance tax on taxable
153159 property in the district in accordance with Section 49.107, Water
154160 Code.
155161 (b) The board shall determine the tax rate. The rate may not
156162 exceed the rate approved at the election.
157163 Sec. 8082.0403. CONTRACT TAXES. (a) In accordance with
158164 Section 49.108, Water Code, the district may impose a tax other than
159165 an operation and maintenance tax and use the revenue derived from
160166 the tax to make payments under a contract after the provisions of
161167 the contract have been approved by a majority of the district voters
162168 voting at an election held for that purpose.
163169 (b) A contract approved by the district voters may contain a
164170 provision stating that the contract may be modified or amended by
165171 the board without further voter approval.
166172 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
167173 Sec. 8082.0501. AUTHORITY TO ISSUE BONDS AND OTHER
168174 OBLIGATIONS. The district may issue bonds or other obligations
169175 payable wholly or partly from ad valorem taxes, impact fees,
170176 revenue, contract payments, grants, or other district money, or any
171177 combination of those sources, to pay for any authorized district
172178 purpose.
173179 Sec. 8082.0502. TAXES FOR BONDS. At the time the district
174180 issues bonds payable wholly or partly from ad valorem taxes, the
175181 board shall provide for the annual imposition of a continuing
176182 direct ad valorem tax, without limit as to rate or amount, while all
177183 or part of the bonds are outstanding as required and in the manner
178184 provided by Sections 54.601 and 54.602, Water Code.
179185 Sec. 8082.0503. BONDS FOR ROAD PROJECTS. At the time of
180186 issuance, the total principal amount of bonds or other obligations
181187 issued or incurred to finance road projects and payable from ad
182188 valorem taxes may not exceed one-fourth of the assessed value of the
183189 real property in the district.
184190 SECTION 2. The Montgomery County Municipal Utility District
185191 No. 179 initially includes all the territory contained in the
186192 following area:
187193 BEING 56.7111 NET ACRES of land, situated in the John Corner
188194 Survey, Abstract Number 8 in Montgomery County, Texas, consisting
189195 of a 50.61 acre tract and 7.16 acre tract, described in Deed to
190196 General Monitors Transnational, LLC., recorded under Clerk's File
191197 Number 2007-020435 and a 2.4988 acre tract described in Deed to
192198 General Monitors Transnational, LLC., recorded under Clerk's File
193199 Number 2007-121045, together with a called 0.83 acre tract and a
194200 called 0.04 acre tract, described in that certain Boundary Line
195201 Agreement between Philip LeFevre and wife, Holly LeFevre and
196202 Grandview Development, Inc., recorded under Clerk's File Number
197203 2006-093056, all in the Real Property Records of Montgomery County,
198204 Texas; said 56.7111 acres being more particularly described by
199205 metes and bounds as follows with all bearings referenced to the
200206 North line of Lonestar Parkway, a variable width right-of-way
201207 recorded under Clerk's File Number 2004-134115 Real Property
202208 Records as found monumented on the ground:
203209 BEGINNING at an iron rod with a survey cap marked "C&R", found
204210 for the Southeast corner of the herein described tract and the
205211 Southwest corner of the Replat of Grandview, Section 4, the plat
206212 thereof recorded in Cabinet Z, Sheet 2594 of the Map Records of
207213 Montgomery County, Texas, and being located in the North line of
208214 Lonestar Parkway;
209215 THENCE with the following courses and distances along the
210216 North line of Lonestar Parkway:
211217 North 74°14'01" West, a chord distance of 345.27 feet along a
212218 curve to the left, having as its elements: a central angle of
213219 09°15'16", a radius of 2140.00 feet and an arc length of 345.65 feet
214220 to an iron rod with a survey cap marked "C&R", found for an angle
215221 point;
216222 North 74°57'21" West, a distance of 105.35 feet to a 5/8 inch
217223 iron rod with a survey cap marked "Glezman, RPLS 4627", set for the
218224 beginning of a curve to the left;
219225 North 87°15'30" West, a chord distance of 418.73 feet along a
220226 curve to the left, having as its elements: a central angle of
221227 11°10'36", a radius of 2150.00 feet and an arc length of 419.39 feet
222228 to an iron rod with a survey cap marked "Carter Burgess", found for
223229 an angle point;
224230 South 80°31'57" West, a distance of 104.82 feet, to an iron
225231 rod with a survey cap marked "Carter Burgess", found for the
226232 beginning of a curve to the left;
227233 South 80°06'43" West, a chord distance of 309.95 feet along a
228234 curve to the left, having as its elements: a central angle of
229235 08°18'21", a radius of 2140.00 feet and an arc length of 310.22 feet
230236 to an iron rod with a survey cap marked "Carter Burgess", found for
231237 an angle point;
232238 South 76°06'31" West, a distance of 43.83 feet to a 5/8 inch
233239 iron rod with survey cap, set for the Southwest corner of the herein
234240 described tract and the Southeast corner of the LeFevre
235241 Development, Inc., called 33.527 acre tract as described in Deed
236242 recorded under Clerk's File Number 2008-096315 Real Property
237243 Records;
238244 THENCE North 13°56'40" West, a distance of 631.37 feet,
239245 leaving the North line of Lonestar Parkway, along the East line of
240246 the called 33.527 acre tract, to a 5/8 inch iron rod with survey
241247 cap, set for an angle point;
242248 THENCE North 03°32'31" West, a distance of 568.53 feet to a
243249 5/8 inch iron rod, found for an angle point at the Northeast corner
244250 of the called 33.527 acre tract at the Southeast corner of Buffalo
245251 Crossing, a subdivision with the plat thereof recorded in Cabinet
246252 Z, Sheet 1462 of the Montgomery County Map Records;
247253 THENCE North 27°56'22" East, a distance of 659.88 feet along
248254 the Southeast line of Buffalo Crossing and the Northwesterly line
249255 of the called 50.61 acre tract and the called 7.16 acre tract, to an
250256 iron rod with a survey cap marked "Town & Country", found for an
251257 angle point at the Northwest corner of the called 7.16 acre tract
252258 and the Southwest corner of the called 2.4988 acre tract;
253259 THENCE North 00°12'04" West, a distance of 100.04 feet along
254260 the East line of Buffalo Crossing, passing at 70.92 feet, a "PK"
255261 nail in a wood bulkhead; in all, a distance of 100.04 feet to the
256262 Northwest corner of the herein described tract, in the South line of
257263 Reserve "F" of the Amending Plat Of Waterstone On Lake Conroe,
258264 Section 1, the plat thereof recorded in Cabinet Z, Sheet 1356 of the
259265 Map Records;
260266 THENCE South 89°47'03" East, a distance of 372.87 feet along
261267 the South line of Reserve "F" of the Amending Plat Of Waterstone On
262268 Lake Conroe, Section 1 and the North line of the called 2.4988 acre
263269 tract, to an angle point;
264270 THENCE North 75°17'26" East, a distance of 457.41 feet along
265271 the South line of Reserve "F" of the Amending Plat Of Waterstone On
266272 Lake Conroe, Section 1 and the North line of the called 2.4988 acre
267273 tract, to an angle point;
268274 THENCE North 83°09'49" East, a distance of 294.06 feet along
269275 the South line of Reserve "F" of the Amending Plat Of Waterstone On
270276 Lake Conroe, Section 1 and the North line of the called 2.4988 acre
271277 tract, to an angle point;
272278 THENCE South 54°29'34" East, a distance of 181.92 feet along
273279 the South line of Reserve "F" of the Amending Plat Of Waterstone On
274280 Lake Conroe, Section 1 and passing the East corner the called 2.4988
275281 acre tract, along the North line of the called 0.83 acre tract
276282 Boundary Line Agreement and the Southwesterly line of the
277283 Waterstone On Lake Conroe, Inc. called 155.2494 acre tract as
278284 recorded under Clerk's File Number 2007-109227 Real Property
279285 Records, to an angle point;
280286 THENCE North 69°37'08" East, a distance of 50.61 feet along
281287 the North line of the called 0.83 acre tract Boundary Line Agreement
282288 to an angle point;
283289 THENCE South 38°05'40" East, a distance of 110.95 feet along
284290 the North line of the called 0.83 acre tract Boundary Line Agreement
285291 to the Northeast corner of the herein described tract at the
286292 Northwest corner of Grandview Section 2, the plat thereof recorded
287293 in Cabinet Z, Sheet 280 of the Map Records;
288294 THENCE along the West line of Grandview Section 2 and the
289295 aforesaid Boundary Line Agreement, with the following bearings and
290296 distance:
291297 South 87°14'15" West, passing at a distance of 17.12 feet, a
292298 "PK" nail with washer marker "Glezman Surveying", set for reference
293299 in a wood bulkhead; a total distance of 114.00 feet to an angle
294300 point;
295301 South 23°44'52" West, a distance of 294.00 feet to an
296302 angle point;
297303 South 05°20'19" West, a distance of 91.97 feet to an
298304 angle point;
299305 South 05°20'56" West, a distance of 84.97 feet to an
300306 angle point;
301307 South 14°28'08" West, a distance of 171.11 feet to an
302308 angle point;
303309 South 26°24'26" East, a distance of 90.34 feet to an
304310 angle point;
305311 South 05°57'54" East, a distance of 127.78 feet to an
306312 angle point;
307313 South 11°05'43" West, a distance of 147.63 feet to an
308314 angle point;
309315 South 40°13'26" East, a distance of 64.64 feet to an
310316 angle point;
311317 South 40°13'26" East, a distance of 49.21 feet to an
312318 angle point;
313319 South 25°23'41" East, a distance of 207.16 feet to an
314320 angle point;
315321 South 03°53'33" East, a distance of 376.46 feet to a 5/8 inch
316322 iron rod with survey cap, set at the Northwest corner of the Replat
317323 of Grandview Section 4, the plat thereof recorded in Cabinet Z,
318324 Sheet 2594 of the Map Records;
319325 THENCE South 21°39'21" West, a distance of 300.00 feet along
320326 the West line of the Replat of Grandview Section 4, back to the
321327 Point of Beginning and containing 60.293 gross acres of land, based
322328 on the survey and plat prepared by Glezman Surveying Inc., dated
323329 July 3, 2014.
324330 SAVE AND EXCEPT the following described tract or parcel of
325331 land:
326332 Being 3.5819 acres (156,029 square feet) of land, situated in
327333 the John Corner Survey, Abstract Number 8 in Montgomery County,
328334 Texas and being out of the Consolidated Ventures, Inc. 60.293 acre
329335 tract as recorded under Clerk's File Number 2015056092 Real
330336 Property Records of Montgomery County, Texas; said 3.5819 acres
331337 being more particularly described by metes and bounds as follows
332338 with all bearings referenced to the North line of Lonestar Parkway,
333339 a variable width right-of-way recorded under Clerk's File Number
334340 2004-134115 Real Property Records, as found monumented on the
335341 ground:
336342 BEGINNING at an iron rod with a survey cap marked "C&R", found
337343 at the Southeast corner of the herein described tract and Southeast
338344 corner of the 60.293 acre tract, at the Southwest comer of the
339345 Replat of Grandview, Section 4, the plat thereof recorded in
340346 Cabinet Z, Sheet 2594 of the Map Records of Montgomery County, Texas
341347 and being the North line of Lonestar Parkway;
342348 THENCE with the following courses and distances along the
343349 North line of Lonestar Parkway:
344350 North 74°14'01" West, a chord distance of 345.27 feet along a
345351 curve to the left, having as its elements: a central angle of
346352 09°15'15", a radius of 2140.00 feet and an arc length of 345.65 feet
347353 to an iron rod with a survey cap marked "C&R", found for an angle
348354 point;
349355 North 74°57'21" West, a distance of 105.35 feet to a 5/8 inch
350356 iron rod with a survey cap marked "Glezman, RPLS 4627", set for the
351357 beginning of a curve to the left;
352358 North 81°55'50" West, a chord distance of 19.54 feet along a
353359 curve to the left, having as its elements: a central angle of
354360 00°31'15", a radius of 2150.00 feet and an arc length of 19.54 feet
355361 to an iron rod with a survey cap marked "Glezman RPLS 4627", set for
356362 the Southwest corner of the herein described tract;
357363 THENCE North 15°17'07" East, a distance of 325.00 feet,
358364 severing the 60.293 acre tract to a 5/8 inch iron rod with survey
359365 cap, set for the Northwest corner of the herein described tract;
360366 THENCE South 74°42'53" East, a distance of 493.95 feet,
361367 severing the 60.293 acre tract, to an iron rod with survey cap, set
362368 for the Northeast corner of the herein described tract and being in
363369 the East line of the 60.293 acre tract and the West line of
364370 Grandview Section 2, the plat thereof recorded in Cabinet Z, Sheet
365371 280 of the Map Records of Montgomery County, Texas;
366372 THENCE South 03°53'33" East, a distance of 28.43 feet along
367373 the East line of the 60.293 acre tract and West line of Grandview
368374 Section 2, to a 5/8 inch iron rod with survey cap, set for an angle
369375 point and being the Northwest corner of the aforementioned Replat
370376 of Grandview, Section 4;
371377 THENCE South 21°39'21" West, a distance of 300.00 feet along
372378 the West line of the Replat of Grandview, Section 4, back to the
373379 Point of beginning and containing 3.5819 acres of land based on the
374380 survey and plat prepared by Glezman Surveying, Inc., dated March 7,
375381 2017.
376382 Resulting in 56.7111 net acres of land.
377383 SECTION 3. (a) The legal notice of the intention to
378384 introduce this Act, setting forth the general substance of this
379385 Act, has been published as provided by law, and the notice and a
380386 copy of this Act have been furnished to all persons, agencies,
381387 officials, or entities to which they are required to be furnished
382388 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
383389 Government Code.
384390 (b) The governor, one of the required recipients, has
385391 submitted the notice and Act to the Texas Commission on
386392 Environmental Quality.
387393 (c) The Texas Commission on Environmental Quality has filed
388394 its recommendations relating to this Act with the governor, the
389395 lieutenant governor, and the speaker of the house of
390396 representatives within the required time.
391397 (d) All requirements of the constitution and laws of this
392398 state and the rules and procedures of the legislature with respect
393399 to the notice, introduction, and passage of this Act are fulfilled
394400 and accomplished.
395401 SECTION 4. (a) If this Act does not receive a two-thirds
396402 vote of all the members elected to each house, Subchapter C, Chapter
397403 8082, Special District Local Laws Code, as added by Section 1 of
398404 this Act, is amended by adding Section 8082.0307 to read as follows:
399405 Sec. 8082.0307. NO EMINENT DOMAIN POWER. The district may
400406 not exercise the power of eminent domain.
401407 (b) This section is not intended to be an expression of a
402408 legislative interpretation of the requirements of Section 17(c),
403409 Article I, Texas Constitution.
404410 SECTION 5. This Act takes effect immediately if it receives
405411 a vote of two-thirds of all the members elected to each house, as
406412 provided by Section 39, Article III, Texas Constitution. If this
407413 Act does not receive the vote necessary for immediate effect, this
408414 Act takes effect September 1, 2019.
409- ______________________________ ______________________________
410- President of the Senate Speaker of the House
411- I certify that H.B. No. 4702 was passed by the House on May 3,
412- 2019, by the following vote: Yeas 124, Nays 16, 2 present, not
413- voting.
414- ______________________________
415- Chief Clerk of the House
416- I certify that H.B. No. 4702 was passed by the Senate on May
417- 22, 2019, by the following vote: Yeas 30, Nays 1.
418- ______________________________
419- Secretary of the Senate
420- APPROVED: _____________________
421- Date
422- _____________________
423- Governor
415+ * * * * *