H.B. No. 4710
AN ACT
relating to the creation of the Montgomery County Municipal Utility
District No. 180; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8083 to read as follows:
CHAPTER 8083. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 180
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8083.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Montgomery County Municipal
Utility District No. 180.
Sec. 8083.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8083.0103. CONFIRMATION AND DIRECTOR ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8083.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8083.0103 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 8083.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8083.0106. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8083.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8083.0202, directors
serve staggered four-year terms.
Sec. 8083.0202. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the commission requesting that
the commission appoint as temporary directors the five persons
named in the petition. The commission shall appoint as temporary
directors the five persons named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8083.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8083.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8083.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8083.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8083.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8083.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8083.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8083.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
Sec. 8083.0306. DIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1) has never issued any bonds; and
(2) is not imposing ad valorem taxes.
(b) This chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c) A new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area described by Section 2 of the Act enacting this
chapter.
(d) The board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8083.0103 to confirm the district's creation.
(f) An order dividing the district shall:
(1) name each new district;
(2) include the metes and bounds description of the
territory of each new district;
(3) appoint temporary directors for each new district;
and
(4) provide for the division of assets and liabilities
between the new districts.
(g) On or before the 30th day after the date of adoption of
an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h) A new district created by the division of the district
shall hold a confirmation and directors' election as required by
Section 8083.0103.
(i) If the creation of the new district is confirmed, the
new district shall provide the election date and results to the
commission.
(j) Any new district created by the division of the district
must hold an election as required by this chapter to obtain voter
approval before the district may impose a maintenance tax or issue
bonds payable wholly or partly from ad valorem taxes.
(k) Municipal consent to the creation of the district and to
the inclusion of land in the district granted under Section
8083.0104 acts as municipal consent to the creation of any new
district created by the division of the district and to the
inclusion of land in the new district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8083.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 8083.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8083.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8083.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8083.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8083.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8083.0502. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8083.0503. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Montgomery County Municipal Utility District
No. 180 initially includes all the territory contained in the
following area:
TRACT 1:
Being 303.862 acres of land situated in the Lorenzo Jones
Survey, A-294, and the Joseph B. Artoff Survey, A-56, Montgomery
County, Texas, and being out of a residual of a certain 1731.823
acres of land as described in deed recorded under County Clerk's
File No. 2007-032747 of the Real Property Records of Montgomery
County, Texas, said 303.862 acres of land being more particularly
described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod with survey cap (Moyer) found
in the east line of F.M. 1486, a 100 foot right-of-way, for the
northwest corner of a certain 73.082 acres of land as described in
deed recorded under County Clerk's File No. 2008-033746 of the Real
Property Records of Montgomery County, Texas, same being the
southwest corner and POINT OF BEGINNING of the herein described
tract;
THENCE North 02 degrees 35 minutes 18 seconds West, along the
east line of said F.M. 1486 and the west boundary line of the herein
described tract, a distance of 1424.40 feet to a 5/8 inch iron rod
with survey cap (Moyer) set for the northwest corner of the herein
described tract;
THENCE North 87 degrees 31 minutes 51 seconds East, severing
the said residual of 1731.823 acres of land along the north boundary
line of the herein described tract, a distance of 9,294.00 feet to a
5/8 inch iron rod with survey cap (Moyer) set for the northeast
corner of the herein described tract;
THENCE South 02 degrees 28 minutes 09 seconds East, severing
the said 1731.823 acres of land along the east boundary line of the
herein described tract, a distance of 1424.40 feet to a 5/8 inch
iron rod with survey cap (Moyer) set for the southeast corner of the
herein described tract;
THENCE South 87 degrees 31 minutes 51 seconds West, severing
the said 1731.823 acres of land along the south boundary line of the
herein described tract, passing at 787.06 feet, a 5/8 inch iron rod
with survey cap (Moyer) found for reference and the northeast
corner of a certain 300.000 acres of land as described in deed
recorded under County Clerk's File No. 2007-058588 of the Real
Property Records of Montgomery County, Texas, passing at 6,862.31
feet a 5/8 inch iron rod with survey cap (Moyer) found for reference
and the northwest corner of the said 300.000 acres of land common to
the northeast corner of the said 73.082 acres of land continuing in
all a distance of 9291.04 feet to the POINT OF BEGINNING and
containing 303.862 acres of land.
TRACT 2:
Being 362.014 acres of land situated in the Joseph M.
Robinson Survey, A-450; the Lorenzo Jones Survey, A-294; and the
Joseph B. Artoff Survey, A-56, Montgomery County, Texas, and being
out of a residual of a certain 1731.823 acres of land as described
in deed recorded under County Clerk's File No. 2007-032747 of the
Real Property Records of Montgomery County, Texas, said 362.014
acres of land being more particularly described by metes and bounds
as follows:
BEGINNING at a 5/8 inch iron rod with survey cap (Moyer) set
in the east line of F.M. 1486 for the southwest corner of a certain
640.75 acres of land as described in deed recorded under County
Clerk's File No. 9726626 of the Real Property Records of Montgomery
County, Texas, and the northwest corner of the herein described
tract from which a masonry nail found for reference and the
northwest corner of the said 1731.823 acres of land bears South 87
degrees 31 minutes 52 seconds West, a distance of 50.00 feet;
THENCE North 87 degrees 31 minutes 52 seconds East, along the
south boundary line of the said 640.75 acres of land common to the
north boundary line of the herein described tract, a distance of
10,062.09 feet to a 5/8 inch iron rod with survey cap (Moyer) set
for the northwest corner of a certain 19.000 acres of land as
described in deed recorded under County Clerk's File
No. 2009-107508 of the Real Property Records of Montgomery County,
Texas, and the northeast corner of the herein described tract;
THENCE South 04 degrees 28 minutes 21 seconds East, along the
west boundary line of the said 19.000 acres of land and continuing
along the west boundary line of a 33.000 acre residual out of 52.000
acres of land as described in deed recorded under County Clerk's
File No. 2008-106440 of the Real Property Records of Montgomery
County, Texas, same being the east boundary line of the herein
described tract, a distance of 1857.28 feet to a 5/8 inch iron rod
with survey cap (Moyer) set for the southwest corner of the said
52.000 acres of land and an easterly interior corner of the herein
described tract;
THENCE South 74 degrees 44 minutes 59 seconds East, along the
southwest boundary line of the said 52.000 acres of land and a
southeasterly boundary line of the herein described tract, a
distance of 541.99 feet to a 5/8 inch iron rod with survey cap
(Moyer) set for an interior southerly corner of the said 52.000
acres of land and a southeasterly corner of the herein described
tract;
THENCE South 04 degrees 28 minutes 21 seconds East, along a
southerly boundary line of the said 52.000 acres of land and the
most easterly southeast boundary line of the herein described
tract, passing at 372.00 feet, a 5/8 inch iron rod with survey cap
(Moyer) set for reference, continuing in all, a distance of 437.87
feet to a 5/8 inch iron rod with survey cap (Moyer) set in a curve in
the northeast boundary line of a certain 98.000 acres of land as
described in deed recorded under County Clerk's File
No. 2009-031792 of the Real Property Records of Montgomery County,
Texas, for a southwesterly corner of the said 52.000 acres of land
and the southeast corner of the herein described tract;
THENCE in a northwesterly direction along the northeast
boundary line of the said 98.000 acres of land and a southeast
boundary line of the herein described tract along a non-tangent
curve to the left having as its elements: a radius of 1970.00 feet,
a central angle of 07 degrees 02 minutes 06 seconds, an arc length
of 241.88 feet, and a chord bearing of North 73 degrees 13 minutes
22 seconds West, a distance of 241.73 feet to a 5/8 inch iron rod
with survey cap (Moyer) set for the most northerly northeast corner
of the said 98.000 acres of land and an interior southeasterly
corner of the herein described tract;
THENCE South 53 degrees 16 minutes 44 seconds West, along a
northerly boundary line of the said 98.000 acres of land and a
southeasterly boundary line of the herein described tract, a
distance of 835.71 feet to a 5/8 inch iron rod with survey cap
(Moyer) set for a northerly angle point of the said 98.000 acres of
land and a southeasterly angle point of the herein described tract;
THENCE South 87 degrees 31 minutes 51 seconds West,
continuing along the north boundary line of the said 98.000 acres of
land and a southeast boundary line of the herein described tract, a
distance of 442.64 feet to a 5/8 inch iron rod with survey cap
(Moyer) set for the southeast corner of a certain 303.862 acres of
land as described in deed recorded under County Clerk's File
No. 2009-002342 of the Real Property Records of Montgomery County,
Texas, and the most southerly southeast corner of the herein
described tract;
THENCE North 02 degrees 28 minutes 09 seconds West, along the
east boundary line of the said 303.862 acres of land common to the
westerly southeast boundary line of the herein described tract, a
distance of 1424.40 feet to a 5/8 inch iron rod with survey cap
(Moyer) set for the northeast corner of the said 303.862 acres of
land and an interior southeasterly corner of the herein described
tract;
THENCE South 87 degrees 31 minutes 51 seconds West, along the
north boundary line of the said 303.862 acres of land common to the
south boundary line of the herein described tract, a distance of
9,294.00 feet to a 5/8 inch iron rod with survey cap (Moyer) set in
the east line of said F.M. 1486 for the northwest corner of the said
303.862 acres of land and the southwest corner of the herein
described tract;
THENCE North 02 degrees 35 minutes 18 seconds West, along the
east line of said F.M. 1486 and the west boundary line of the herein
described tract, a distance of 1425.04 feet to the POINT OF
BEGINNING and containing 362.014 acres of land.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8083, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8083.0307 to read as follows:
Sec. 8083.0307. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4710 was passed by the House on May 3,
2019, by the following vote: Yeas 123, Nays 17, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4710 was passed by the Senate on May
22, 2019, by the following vote: Yeas 29, Nays 1, 1 present, not
voting.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor