Texas 2019 - 86th Regular

Texas House Bill HB4710 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4710
	1	+	By: Bell of Montgomery (Senate Sponsor - Nichols) H.B. No. 4710
	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
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. 180; 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 8083 to read as follows:
12	18		CHAPTER 8083. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 180
13	19		SUBCHAPTER A. GENERAL PROVISIONS
14	20		Sec. 8083.0101. 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. 180.
21	27		Sec. 8083.0102. 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. 8083.0103. 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. 8083.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	35		temporary directors may not hold an election under Section
30	36		8083.0103 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. 8083.0105. 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. 8083.0106. 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. 8083.0201. 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 8083.0202, directors
60	66		serve staggered four-year terms.
61	67		Sec. 8083.0202. TEMPORARY DIRECTORS. (a) On or after the
62	68		effective date of the Act enacting this chapter, the owner or owners
63	69		of a majority of the assessed value of the real property in the
64	70		district may submit a petition to the commission requesting that
65	71		the commission appoint as temporary directors the five persons
66	72		named in the petition. The commission shall appoint as temporary
67	73		directors the five persons named in the petition.
68	74		(b) Temporary directors serve until the earlier of:
69	75		(1) the date permanent directors are elected under
70	76		Section 8083.0103; 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 8083.0103 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 8083.0103; 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. 8083.0301. 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. 8083.0302. 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. 8083.0303. 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. 8083.0304. 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. 8083.0305. 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		Sec. 8083.0306. DIVISION OF DISTRICT. (a) The district may
124	130		be divided into two or more new districts only if the district:
125	131		(1) has never issued any bonds; and
126	132		(2) is not imposing ad valorem taxes.
127	133		(b) This chapter applies to any new district created by the
128	134		division of the district, and a new district has all the powers and
129	135		duties of the district.
130	136		(c) A new district created by the division of the district
131	137		may not, at the time the new district is created, contain any land
132	138		outside the area described by Section 2 of the Act enacting this
133	139		chapter.
134	140		(d) The board, on its own motion or on receipt of a petition
135	141		signed by the owner or owners of a majority of the assessed value of
136	142		the real property in the district, may adopt an order dividing the
137	143		district.
138	144		(e) The board may adopt an order dividing the district
139	145		before or after the date the board holds an election under Section
140	146		8083.0103 to confirm the district's creation.
141	147		(f) An order dividing the district shall:
142	148		(1) name each new district;
143	149		(2) include the metes and bounds description of the
144	150		territory of each new district;
145	151		(3) appoint temporary directors for each new district;
146	152		and
147	153		(4) provide for the division of assets and liabilities
148	154		between the new districts.
149	155		(g) On or before the 30th day after the date of adoption of
150	156		an order dividing the district, the district shall file the order
151	157		with the commission and record the order in the real property
152	158		records of each county in which the district is located.
153	159		(h) A new district created by the division of the district
154	160		shall hold a confirmation and directors' election as required by
155	161		Section 8083.0103.
156	162		(i) If the creation of the new district is confirmed, the
157	163		new district shall provide the election date and results to the
158	164		commission.
159	165		(j) Any new district created by the division of the district
160	166		must hold an election as required by this chapter to obtain voter
161	167		approval before the district may impose a maintenance tax or issue
162	168		bonds payable wholly or partly from ad valorem taxes.
163	169		(k) Municipal consent to the creation of the district and to
164	170		the inclusion of land in the district granted under Section
165	171		8083.0104 acts as municipal consent to the creation of any new
166	172		district created by the division of the district and to the
167	173		inclusion of land in the new district.
168	174		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
169	175		Sec. 8083.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
170	176		The district may issue, without an election, bonds and other
171	177		obligations secured by:
172	178		(1) revenue other than ad valorem taxes; or
173	179		(2) contract payments described by Section 8083.0403.
174	180		(b) The district must hold an election in the manner
175	181		provided by Chapters 49 and 54, Water Code, to obtain voter approval
176	182		before the district may impose an ad valorem tax or issue bonds
177	183		payable from ad valorem taxes.
178	184		(c) The district may not issue bonds payable from ad valorem
179	185		taxes to finance a road project unless the issuance is approved by a
180	186		vote of a two-thirds majority of the district voters voting at an
181	187		election held for that purpose.
182	188		Sec. 8083.0402. OPERATION AND MAINTENANCE TAX. (a) If
183	189		authorized at an election held under Section 8083.0401, the
184	190		district may impose an operation and maintenance tax on taxable
185	191		property in the district in accordance with Section 49.107, Water
186	192		Code.
187	193		(b) The board shall determine the tax rate. The rate may not
188	194		exceed the rate approved at the election.
189	195		Sec. 8083.0403. CONTRACT TAXES. (a) In accordance with
190	196		Section 49.108, Water Code, the district may impose a tax other than
191	197		an operation and maintenance tax and use the revenue derived from
192	198		the tax to make payments under a contract after the provisions of
193	199		the contract have been approved by a majority of the district voters
194	200		voting at an election held for that purpose.
195	201		(b) A contract approved by the district voters may contain a
196	202		provision stating that the contract may be modified or amended by
197	203		the board without further voter approval.
198	204		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
199	205		Sec. 8083.0501. AUTHORITY TO ISSUE BONDS AND OTHER
200	206		OBLIGATIONS. The district may issue bonds or other obligations
201	207		payable wholly or partly from ad valorem taxes, impact fees,
202	208		revenue, contract payments, grants, or other district money, or any
203	209		combination of those sources, to pay for any authorized district
204	210		purpose.
205	211		Sec. 8083.0502. TAXES FOR BONDS. At the time the district
206	212		issues bonds payable wholly or partly from ad valorem taxes, the
207	213		board shall provide for the annual imposition of a continuing
208	214		direct ad valorem tax, without limit as to rate or amount, while all
209	215		or part of the bonds are outstanding as required and in the manner
210	216		provided by Sections 54.601 and 54.602, Water Code.
211	217		Sec. 8083.0503. BONDS FOR ROAD PROJECTS. At the time of
212	218		issuance, the total principal amount of bonds or other obligations
213	219		issued or incurred to finance road projects and payable from ad
214	220		valorem taxes may not exceed one-fourth of the assessed value of the
215	221		real property in the district.
216	222		SECTION 2. The Montgomery County Municipal Utility District
217	223		No. 180 initially includes all the territory contained in the
218	224		following area:
219	225		TRACT 1:
220	226		Being 303.862 acres of land situated in the Lorenzo Jones
221	227		Survey, A-294, and the Joseph B. Artoff Survey, A-56, Montgomery
222	228		County, Texas, and being out of a residual of a certain 1731.823
223	229		acres of land as described in deed recorded under County Clerk's
224	230		File No. 2007-032747 of the Real Property Records of Montgomery
225	231		County, Texas, said 303.862 acres of land being more particularly
226	232		described by metes and bounds as follows:
227	233		BEGINNING at a 5/8 inch iron rod with survey cap (Moyer) found
228	234		in the east line of F.M. 1486, a 100 foot right-of-way, for the
229	235		northwest corner of a certain 73.082 acres of land as described in
230	236		deed recorded under County Clerk's File No. 2008-033746 of the Real
231	237		Property Records of Montgomery County, Texas, same being the
232	238		southwest corner and POINT OF BEGINNING of the herein described
233	239		tract;
234	240		THENCE North 02 degrees 35 minutes 18 seconds West, along the
235	241		east line of said F.M. 1486 and the west boundary line of the herein
236	242		described tract, a distance of 1424.40 feet to a 5/8 inch iron rod
237	243		with survey cap (Moyer) set for the northwest corner of the herein
238	244		described tract;
239	245		THENCE North 87 degrees 31 minutes 51 seconds East, severing
240	246		the said residual of 1731.823 acres of land along the north boundary
241	247		line of the herein described tract, a distance of 9,294.00 feet to a
242	248		5/8 inch iron rod with survey cap (Moyer) set for the northeast
243	249		corner of the herein described tract;
244	250		THENCE South 02 degrees 28 minutes 09 seconds East, severing
245	251		the said 1731.823 acres of land along the east boundary line of the
246	252		herein described tract, a distance of 1424.40 feet to a 5/8 inch
247	253		iron rod with survey cap (Moyer) set for the southeast corner of the
248	254		herein described tract;
249	255		THENCE South 87 degrees 31 minutes 51 seconds West, severing
250	256		the said 1731.823 acres of land along the south boundary line of the
251	257		herein described tract, passing at 787.06 feet, a 5/8 inch iron rod
252	258		with survey cap (Moyer) found for reference and the northeast
253	259		corner of a certain 300.000 acres of land as described in deed
254	260		recorded under County Clerk's File No. 2007-058588 of the Real
255	261		Property Records of Montgomery County, Texas, passing at 6,862.31
256	262		feet a 5/8 inch iron rod with survey cap (Moyer) found for reference
257	263		and the northwest corner of the said 300.000 acres of land common to
258	264		the northeast corner of the said 73.082 acres of land continuing in
259	265		all a distance of 9291.04 feet to the POINT OF BEGINNING and
260	266		containing 303.862 acres of land.
261	267		TRACT 2:
262	268		Being 362.014 acres of land situated in the Joseph M.
263	269		Robinson Survey, A-450; the Lorenzo Jones Survey, A-294; and the
264	270		Joseph B. Artoff Survey, A-56, Montgomery County, Texas, and being
265	271		out of a residual of a certain 1731.823 acres of land as described
266	272		in deed recorded under County Clerk's File No. 2007-032747 of the
267	273		Real Property Records of Montgomery County, Texas, said 362.014
268	274		acres of land being more particularly described by metes and bounds
269	275		as follows:
270	276		BEGINNING at a 5/8 inch iron rod with survey cap (Moyer) set
271	277		in the east line of F.M. 1486 for the southwest corner of a certain
272	278		640.75 acres of land as described in deed recorded under County
273	279		Clerk's File No. 9726626 of the Real Property Records of Montgomery
274	280		County, Texas, and the northwest corner of the herein described
275	281		tract from which a masonry nail found for reference and the
276	282		northwest corner of the said 1731.823 acres of land bears South 87
277	283		degrees 31 minutes 52 seconds West, a distance of 50.00 feet;
278	284		THENCE North 87 degrees 31 minutes 52 seconds East, along the
279	285		south boundary line of the said 640.75 acres of land common to the
280	286		north boundary line of the herein described tract, a distance of
281	287		10,062.09 feet to a 5/8 inch iron rod with survey cap (Moyer) set
282	288		for the northwest corner of a certain 19.000 acres of land as
283	289		described in deed recorded under County Clerk's File
284	290		No. 2009-107508 of the Real Property Records of Montgomery County,
285	291		Texas, and the northeast corner of the herein described tract;
286	292		THENCE South 04 degrees 28 minutes 21 seconds East, along the
287	293		west boundary line of the said 19.000 acres of land and continuing
288	294		along the west boundary line of a 33.000 acre residual out of 52.000
289	295		acres of land as described in deed recorded under County Clerk's
290	296		File No. 2008-106440 of the Real Property Records of Montgomery
291	297		County, Texas, same being the east boundary line of the herein
292	298		described tract, a distance of 1857.28 feet to a 5/8 inch iron rod
293	299		with survey cap (Moyer) set for the southwest corner of the said
294	300		52.000 acres of land and an easterly interior corner of the herein
295	301		described tract;
296	302		THENCE South 74 degrees 44 minutes 59 seconds East, along the
297	303		southwest boundary line of the said 52.000 acres of land and a
298	304		southeasterly boundary line of the herein described tract, a
299	305		distance of 541.99 feet to a 5/8 inch iron rod with survey cap
300	306		(Moyer) set for an interior southerly corner of the said 52.000
301	307		acres of land and a southeasterly corner of the herein described
302	308		tract;
303	309		THENCE South 04 degrees 28 minutes 21 seconds East, along a
304	310		southerly boundary line of the said 52.000 acres of land and the
305	311		most easterly southeast boundary line of the herein described
306	312		tract, passing at 372.00 feet, a 5/8 inch iron rod with survey cap
307	313		(Moyer) set for reference, continuing in all, a distance of 437.87
308	314		feet to a 5/8 inch iron rod with survey cap (Moyer) set in a curve in
309	315		the northeast boundary line of a certain 98.000 acres of land as
310	316		described in deed recorded under County Clerk's File
311	317		No. 2009-031792 of the Real Property Records of Montgomery County,
312	318		Texas, for a southwesterly corner of the said 52.000 acres of land
313	319		and the southeast corner of the herein described tract;
314	320		THENCE in a northwesterly direction along the northeast
315	321		boundary line of the said 98.000 acres of land and a southeast
316	322		boundary line of the herein described tract along a non-tangent
317	323		curve to the left having as its elements: a radius of 1970.00 feet,
318	324		a central angle of 07 degrees 02 minutes 06 seconds, an arc length
319	325		of 241.88 feet, and a chord bearing of North 73 degrees 13 minutes
320	326		22 seconds West, a distance of 241.73 feet to a 5/8 inch iron rod
321	327		with survey cap (Moyer) set for the most northerly northeast corner
322	328		of the said 98.000 acres of land and an interior southeasterly
323	329		corner of the herein described tract;
324	330		THENCE South 53 degrees 16 minutes 44 seconds West, along a
325	331		northerly boundary line of the said 98.000 acres of land and a
326	332		southeasterly boundary line of the herein described tract, a
327	333		distance of 835.71 feet to a 5/8 inch iron rod with survey cap
328	334		(Moyer) set for a northerly angle point of the said 98.000 acres of
329	335		land and a southeasterly angle point of the herein described tract;
330	336		THENCE South 87 degrees 31 minutes 51 seconds West,
331	337		continuing along the north boundary line of the said 98.000 acres of
332	338		land and a southeast boundary line of the herein described tract, a
333	339		distance of 442.64 feet to a 5/8 inch iron rod with survey cap
334	340		(Moyer) set for the southeast corner of a certain 303.862 acres of
335	341		land as described in deed recorded under County Clerk's File
336	342		No. 2009-002342 of the Real Property Records of Montgomery County,
337	343		Texas, and the most southerly southeast corner of the herein
338	344		described tract;
339	345		THENCE North 02 degrees 28 minutes 09 seconds West, along the
340	346		east boundary line of the said 303.862 acres of land common to the
341	347		westerly southeast boundary line of the herein described tract, a
342	348		distance of 1424.40 feet to a 5/8 inch iron rod with survey cap
343	349		(Moyer) set for the northeast corner of the said 303.862 acres of
344	350		land and an interior southeasterly corner of the herein described
345	351		tract;
346	352		THENCE South 87 degrees 31 minutes 51 seconds West, along the
347	353		north boundary line of the said 303.862 acres of land common to the
348	354		south boundary line of the herein described tract, a distance of
349	355		9,294.00 feet to a 5/8 inch iron rod with survey cap (Moyer) set in
350	356		the east line of said F.M. 1486 for the northwest corner of the said
351	357		303.862 acres of land and the southwest corner of the herein
352	358		described tract;
353	359		THENCE North 02 degrees 35 minutes 18 seconds West, along the
354	360		east line of said F.M. 1486 and the west boundary line of the herein
355	361		described tract, a distance of 1425.04 feet to the POINT OF
356	362		BEGINNING and containing 362.014 acres of land.
357	363		SECTION 3. (a) The legal notice of the intention to
358	364		introduce this Act, setting forth the general substance of this
359	365		Act, has been published as provided by law, and the notice and a
360	366		copy of this Act have been furnished to all persons, agencies,
361	367		officials, or entities to which they are required to be furnished
362	368		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
363	369		Government Code.
364	370		(b) The governor, one of the required recipients, has
365	371		submitted the notice and Act to the Texas Commission on
366	372		Environmental Quality.
367	373		(c) The Texas Commission on Environmental Quality has filed
368	374		its recommendations relating to this Act with the governor, the
369	375		lieutenant governor, and the speaker of the house of
370	376		representatives within the required time.
371	377		(d) All requirements of the constitution and laws of this
372	378		state and the rules and procedures of the legislature with respect
373	379		to the notice, introduction, and passage of this Act are fulfilled
374	380		and accomplished.
375	381		SECTION 4. (a) If this Act does not receive a two-thirds
376	382		vote of all the members elected to each house, Subchapter C, Chapter
377	383		8083, Special District Local Laws Code, as added by Section 1 of
378	384		this Act, is amended by adding Section 8083.0307 to read as follows:
379	385		Sec. 8083.0307. NO EMINENT DOMAIN POWER. The district may
380	386		not exercise the power of eminent domain.
381	387		(b) This section is not intended to be an expression of a
382	388		legislative interpretation of the requirements of Section 17(c),
383	389		Article I, Texas Constitution.
384	390		SECTION 5. This Act takes effect immediately if it receives
385	391		a vote of two-thirds of all the members elected to each house, as
386	392		provided by Section 39, Article III, Texas Constitution. If this
387	393		Act does not receive the vote necessary for immediate effect, this
388	394		Act takes effect September 1, 2019.
389		-	______________________________ ______________________________
390		-	President of the Senate Speaker of the House
391		-	I certify that H.B. No. 4710 was passed by the House on May 3,
392		-	2019, by the following vote: Yeas 123, Nays 17, 2 present, not
393		-	voting.
394		-	______________________________
395		-	Chief Clerk of the House
396		-	I certify that H.B. No. 4710 was passed by the Senate on May
397		-	22, 2019, by the following vote: Yeas 29, Nays 1, 1 present, not
398		-	voting.
399		-	______________________________
400		-	Secretary of the Senate
401		-	APPROVED: _____________________
402		-	Date
403		-	_____________________
404		-	Governor
	395	+	* * * * *