Texas 2019 - 86th Regular

Texas Senate Bill SB2463 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R15959 SLB-F
1	2		By: Creighton S.B. No. 2463
2		-	(In the Senate - Filed March 26, 2019; March 27, 2019, read
3		-	first time and referred to Committee on Intergovernmental
4		-	Relations; April 23, 2019, reported favorably by the following
5		-	vote: Yeas 6, Nays 0; April 23, 2019, sent to printer.)
6		-	Click here to see the committee vote
7	3
8	4
9	5		A BILL TO BE ENTITLED
10	6		AN ACT
11	7		relating to the creation of the Montgomery County Municipal Utility
12	8		District No. 162; granting a limited power of eminent domain;
13	9		providing authority to issue bonds; providing authority to impose
14	10		assessments, fees, and taxes.
15	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	12		SECTION 1. Subtitle F, Title 6, Special District Local Laws
17	13		Code, is amended by adding Chapter 8090 to read as follows:
18	14		CHAPTER 8090. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 162
19	15		SUBCHAPTER A. GENERAL PROVISIONS
20	16		Sec. 8090.0101. DEFINITIONS. In this chapter:
21	17		(1) "Board" means the district's board of directors.
22	18		(2) "Commission" means the Texas Commission on
23	19		Environmental Quality.
24	20		(3) "Director" means a board member.
25	21		(4) "District" means the Montgomery County Municipal
26	22		Utility District No. 162.
27	23		Sec. 8090.0102. NATURE OF DISTRICT. The district is a
28	24		municipal utility district created under Section 59, Article XVI,
29	25		Texas Constitution.
30	26		Sec. 8090.0103. CONFIRMATION AND DIRECTOR ELECTION
31	27		REQUIRED. The temporary directors shall hold an election to
32	28		confirm the creation of the district and to elect five permanent
33	29		directors as provided by Section 49.102, Water Code.
34	30		Sec. 8090.0104. CONSENT OF MUNICIPALITY REQUIRED. The
35	31		temporary directors may not hold an election under Section
36	32		8090.0103 until each municipality in whose corporate limits or
37	33		extraterritorial jurisdiction the district is located has
38	34		consented by ordinance or resolution to the creation of the
39	35		district and to the inclusion of land in the district.
40	36		Sec. 8090.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
41	37		(a) The district is created to serve a public purpose and benefit.
42	38		(b) The district is created to accomplish the purposes of:
43	39		(1) a municipal utility district as provided by
44	40		general law and Section 59, Article XVI, Texas Constitution; and
45	41		(2) Section 52, Article III, Texas Constitution, that
46	42		relate to the construction, acquisition, improvement, operation,
47	43		or maintenance of macadamized, graveled, or paved roads, or
48	44		improvements, including storm drainage, in aid of those roads.
49	45		Sec. 8090.0106. INITIAL DISTRICT TERRITORY. (a) The
50	46		district is initially composed of the territory described by
51	47		Section 2 of the Act enacting this chapter.
52	48		(b) The boundaries and field notes contained in Section 2 of
53	49		the Act enacting this chapter form a closure. A mistake made in the
54	50		field notes or in copying the field notes in the legislative process
55	51		does not affect the district's:
56	52		(1) organization, existence, or validity;
57	53		(2) right to issue any type of bond for the purposes
58	54		for which the district is created or to pay the principal of and
59	55		interest on a bond;
60	56		(3) right to impose a tax; or
61	57		(4) legality or operation.
62	58		SUBCHAPTER B. BOARD OF DIRECTORS
63		-	Sec. 8090.0201. GOVERNING BODY; TERMS. (a) The district
64		-	is governed by a board of five elected directors.
	59	+	Sec. 8090.0201. GOVERNING BODY; TERMS. (a) The district is
	60	+	governed by a board of five elected directors.
65	61		(b) Except as provided by Section 8090.0202, directors
66	62		serve staggered four-year terms.
67	63		Sec. 8090.0202. TEMPORARY DIRECTORS. (a) On or after the
68	64		effective date of the Act enacting this chapter, the owner or owners
69	65		of a majority of the assessed value of the real property in the
70	66		district may submit a petition to the commission requesting that
71	67		the commission appoint as temporary directors the five persons
72	68		named in the petition. The commission shall appoint as temporary
73	69		directors the five persons named in the petition.
74	70		(b) Temporary directors serve until the earlier of:
75	71		(1) the date permanent directors are elected under
76	72		Section 8090.0103; or
77	73		(2) the fourth anniversary of the effective date of
78	74		the Act enacting this chapter.
79	75		(c) If permanent directors have not been elected under
80	76		Section 8090.0103 and the terms of the temporary directors have
81	77		expired, successor temporary directors shall be appointed or
82	78		reappointed as provided by Subsection (d) to serve terms that
83	79		expire on the earlier of:
84	80		(1) the date permanent directors are elected under
85	81		Section 8090.0103; or
86	82		(2) the fourth anniversary of the date of the
87	83		appointment or reappointment.
88	84		(d) If Subsection (c) applies, the owner or owners of a
89	85		majority of the assessed value of the real property in the district
90	86		may submit a petition to the commission requesting that the
91	87		commission appoint as successor temporary directors the five
92	88		persons named in the petition. The commission shall appoint as
93	89		successor temporary directors the five persons named in the
94	90		petition.
95	91		SUBCHAPTER C. POWERS AND DUTIES
96	92		Sec. 8090.0301. GENERAL POWERS AND DUTIES. The district
97	93		has the powers and duties necessary to accomplish the purposes for
98	94		which the district is created.
99	95		Sec. 8090.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
100	96		DUTIES. The district has the powers and duties provided by the
101	97		general law of this state, including Chapters 49 and 54, Water Code,
102	98		applicable to municipal utility districts created under Section 59,
103	99		Article XVI, Texas Constitution.
104	100		Sec. 8090.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
105	101		52, Article III, Texas Constitution, the district may design,
106	102		acquire, construct, finance, issue bonds for, improve, operate,
107	103		maintain, and convey to this state, a county, or a municipality for
108	104		operation and maintenance macadamized, graveled, or paved roads, or
109	105		improvements, including storm drainage, in aid of those roads.
110	106		Sec. 8090.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
111	107		road project must meet all applicable construction standards,
112	108		zoning and subdivision requirements, and regulations of each
113	109		municipality in whose corporate limits or extraterritorial
114	110		jurisdiction the road project is located.
115	111		(b) If a road project is not located in the corporate limits
116	112		or extraterritorial jurisdiction of a municipality, the road
117	113		project must meet all applicable construction standards,
118	114		subdivision requirements, and regulations of each county in which
119	115		the road project is located.
120	116		(c) If the state will maintain and operate the road, the
121	117		Texas Transportation Commission must approve the plans and
122	118		specifications of the road project.
123	119		Sec. 8090.0305. COMPLIANCE WITH MUNICIPAL CONSENT
124	120		ORDINANCE OR RESOLUTION. The district shall comply with all
125	121		applicable requirements of any ordinance or resolution that is
126	122		adopted under Section 54.016 or 54.0165, Water Code, and that
127	123		consents to the creation of the district or to the inclusion of land
128	124		in the district.
129		-	Sec. 8090.0306. DIVISION OF DISTRICT. (a) The district
130		-	~~may~~ be divided into two or more new districts only if the district:
	125	+	Sec. 8090.0306. DIVISION OF DISTRICT. (a) The district may
	126	+	be divided into two or more new districts only if the district:
131	127		(1) has never issued any bonds; and
132	128		(2) is not imposing ad valorem taxes.
133	129		(b) This chapter applies to any new district created by the
134	130		division of the district, and a new district has all the powers and
135	131		duties of the district.
136	132		(c) A new district created by the division of the district
137	133		may not, at the time the new district is created, contain any land
138	134		outside the area described by Section 2 of the Act enacting this
139	135		chapter.
140	136		(d) The board, on its own motion or on receipt of a petition
141	137		signed by the owner or owners of a majority of the assessed value of
142	138		the real property in the district, may adopt an order dividing the
143	139		district.
144	140		(e) The board may adopt an order dividing the district
145	141		before or after the date the board holds an election under Section
146	142		8090.0103 to confirm the district's creation.
147	143		(f) An order dividing the district shall:
148	144		(1) name each new district;
149	145		(2) include the metes and bounds description of the
150	146		territory of each new district;
151	147		(3) appoint temporary directors for each new district;
152	148		and
153	149		(4) provide for the division of assets and liabilities
154	150		between the new districts.
155	151		(g) On or before the 30th day after the date of adoption of
156	152		an order dividing the district, the district shall file the order
157	153		with the commission and record the order in the real property
158	154		records of each county in which the district is located.
159	155		(h) A new district created by the division of the district
160	156		shall hold a confirmation and directors' election as required by
161	157		Section 8090.0103.
162	158		(i) If the creation of the new district is confirmed, the
163	159		new district shall provide the election date and results to the
164	160		commission.
165	161		(j) Any new district created by the division of the district
166	162		must hold an election as required by this chapter to obtain voter
167	163		approval before the district may impose a maintenance tax or issue
168	164		bonds payable wholly or partly from ad valorem taxes.
169	165		(k) Municipal consent to the creation of the district and to
170	166		the inclusion of land in the district granted under Section
171	167		8090.0104 acts as municipal consent to the creation of any new
172	168		district created by the division of the district and to the
173	169		inclusion of land in the new district.
174	170		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
175		-	Sec. 8090.0401. ELECTIONS REGARDING TAXES OR BONDS.
176		-	~~(a)~~ The district may issue, without an election, bonds and other
	171	+	Sec. 8090.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
	172	+	The district may issue, without an election, bonds and other
177	173		obligations secured by:
178	174		(1) revenue other than ad valorem taxes; or
179	175		(2) contract payments described by Section 8090.0403.
180	176		(b) The district must hold an election in the manner
181	177		provided by Chapters 49 and 54, Water Code, to obtain voter approval
182	178		before the district may impose an ad valorem tax or issue bonds
183	179		payable from ad valorem taxes.
184	180		(c) The district may not issue bonds payable from ad valorem
185	181		taxes to finance a road project unless the issuance is approved by a
186	182		vote of a two-thirds majority of the district voters voting at an
187	183		election held for that purpose.
188	184		Sec. 8090.0402. OPERATION AND MAINTENANCE TAX. (a) If
189	185		authorized at an election held under Section 8090.0401, the
190	186		district may impose an operation and maintenance tax on taxable
191	187		property in the district in accordance with Section 49.107, Water
192	188		Code.
193	189		(b) The board shall determine the tax rate. The rate may not
194	190		exceed the rate approved at the election.
195	191		Sec. 8090.0403. CONTRACT TAXES. (a) In accordance with
196	192		Section 49.108, Water Code, the district may impose a tax other than
197	193		an operation and maintenance tax and use the revenue derived from
198	194		the tax to make payments under a contract after the provisions of
199	195		the contract have been approved by a majority of the district voters
200	196		voting at an election held for that purpose.
201	197		(b) A contract approved by the district voters may contain a
202	198		provision stating that the contract may be modified or amended by
203	199		the board without further voter approval.
204	200		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
205	201		Sec. 8090.0501. AUTHORITY TO ISSUE BONDS AND OTHER
206	202		OBLIGATIONS. The district may issue bonds or other obligations
207	203		payable wholly or partly from ad valorem taxes, impact fees,
208	204		revenue, contract payments, grants, or other district money, or any
209	205		combination of those sources, to pay for any authorized district
210	206		purpose.
211	207		Sec. 8090.0502. TAXES FOR BONDS. At the time the district
212	208		issues bonds payable wholly or partly from ad valorem taxes, the
213	209		board shall provide for the annual imposition of a continuing
214	210		direct ad valorem tax, without limit as to rate or amount, while all
215	211		or part of the bonds are outstanding as required and in the manner
216	212		provided by Sections 54.601 and 54.602, Water Code.
217	213		Sec. 8090.0503. BONDS FOR ROAD PROJECTS. At the time of
218	214		issuance, the total principal amount of bonds or other obligations
219	215		issued or incurred to finance road projects and payable from ad
220	216		valorem taxes may not exceed one-fourth of the assessed value of the
221	217		real property in the district.
222	218		SECTION 2. The Montgomery County Municipal Utility District
223	219		No. 162 initially includes all the territory contained in the
224	220		following area:
225	221		A description of a 1193 acre tract of land, located in the
226	222		Alfonzo Steel Survey, Abstract 477, the John Bricker Survey,
227	223		Abstract 98, the Gowan Harris Survey, Abstract 246, and the Lemuel
228	224		Smith Survey, Abstract 502, in Montgomery County, Texas; out of the
229	225		1,835.060 acre tract of land referenced as Tract III, Parcel 2, and
230	226		out of the 191.470 acre tract of land referenced as Tract II, Parcel
231	227		1 described in the deed recorded under Document Number 2018042236
232	228		of the Official Public Records of Montgomery County, Texas and more
233	229		particularly described as follows (all bearings based on the said
234	230		2018042236 deed):
235	231		BEGINNING at the north corner of the Tract III, Parcel 2;
236	232		THENCE South 30° 24' 00" East - 4321.40', along the northeast
237	233		line of said Tract III, Parcel 2, to a northeasterly corner of said
238	234		Tract III, Parcel 2, in the northeast line of aforesaid Alfonzo
239	235		Steel Survey;
240	236		THENCE North 58° 58' 21" East - 1919.72', along the north line
241	237		of Tract III, Parcel 2, partially along the northwest line of said
242	238		Alfonzo Steel Survey, to the intersection of said north line and the
243	239		west right-of-way line of FM 1314 (Conroe Porter Road);
244	240		THENCE South 48° 01' 22" East - 2965.58', along said west
245	241		right-of-way line, and the east line of said Tract III, Parcel 2, to
246	242		the beginning of a tangent curve to the right;
247	243		THENCE, 1150.34', along said common line, along said curve to
248	244		the right, having a radius of 1859.86', a central angle of 35° 26'
249	245		17", and a chord bearing and distance of South 30° 18' 14" East -
250	246		1132.09', to the end of curve;
251	247		THENCE South 12° 33' 22" East - 34.59', along aforesaid west
252	248		right-of-way line, the east line of Tract III, Parcel 2 and the east
253	249		line of Tract 2, Parcel 1, to a point for corner;
254	250		THENCE South 12° 31' 04" East - 2420.93', continuing along
255	251		said west right-of-way line, and the east line of said Tract 2,
256	252		Parcel 1, to a point for corner;
257	253		THENCE South 11° 00' 27" East - 587.98', continuing along said
258	254		common line, to a point which is three hundred feet north of the
259	255		north right-of-way line of State Highway 242 (Lazy River Road);
260	256		THENCE, along a line three-hundred feet (300') north of and
261	257		parallel with said north right-of-way line, the following
262	258		twenty-three (23) courses and distances:
263	259		South 67° 55' 52" West - 25.80' to a point for corner;
264	260		South 70° 12' 35" West - 881.55' to the beginning of a
265	261		tangent curve to the right;
266	262		1655.03', along said curve to the right, having a radius
267	263		of 2565.25', a central angle of 36° 57' 57", and a chord bearing and
268	264		distance of South 88° 37' 40" West - 1626.48', to the end of curve;
269	265		North 72° 50' 13" West - 1053.14' to a point for corner;
270	266		North 69° 00' 59" West - 298.93' to a point for corner;
271	267		North 72° 47' 05" West - 126.31' to a point for corner;
272	268		North 78° 40' 07" West - 99.48' to a point for corner;
273	269		North 72° 47' 17" West - 183.43' to a point for corner;
274	270		North 71° 52' 08" West - 300.26' to a point for corner;
275	271		North 72° 59' 03" West - 110.05' to a point for corner;
276	272		North 75° 32' 57" West - 99.73' to a point for corner;
277	273		North 73° 01' 36" West - 504.90' to a point for corner;
278	274		North 72° 53' 37" West - 601.51' to a point for corner;
279	275		North 78° 36'15" West - 100.50' to a point for corner;
280	276		North 72° 53' 37" West - 299.32' to the point of
281	277		beginning of a curve to the left;
282	278		282.46', along said curve to the left, having a radius
283	279		of 3254.79', a central angle of 04° 58' 20", and a chord bearing and
284	280		distance of North 75° 22' 47" West - 282.37', to the end of curve;
285	281		North 75° 22' 06" West - 579.39' to a point for corner;
286	282		South 81° 54' 27" West - 807.27' to a point for corner;
287	283		South 76° 44' 39" West - 451.13' to a point for corner;
288	284		South 69° 22' 36" West - 435.97' to a point for corner;
289	285		South 66° 28' 20" West - 315.10' to a point for corner;
290	286		South 63° 36' 35" West - 300.37' to a point for corner;
291	287		South 66° 28' 20" West - 320.29' to a point for corner;
292	288		THENCE North 15° 49' 15" West - 1921.98' to a point for corner;
293	289		THENCE North 59° 25' 43" East - 1902.10' to a point for corner;
294	290		THENCE North 30° 26' 27" West - 2772.87' to a point for corner
295	291		in the north line of the aforesaid Tract III, Parcel 2;
296	292		THENCE North 58° 50' 47" East - 757.22', continuing along said
297	293		north line, to a point for corner;
298	294		THENCE North 30° 28' 06" West - 1535.32', continuing along
299	295		said north line to a point for corner;
300	296		THENCE North 59° 28' 54" East - 3005.35', continuing along
301	297		said north line to the POINT OF BEGINNING, for a gross acreage of
302	298		1195 acres.
303	299		Save and Except the following description quoted from the
304	300		deed recorded under Film Code Number 2000024269 of the Real
305	301		Property Records of Montgomery County, Texas (bearings have been
306	302		rotated to aforesaid 2018042236 deed bearing):
307	303		ALL THAT TRACT OR PARCEL OF LAND situated in Montgomery
308	304		County, Texas out of the Gowan Harris Survey A-246 and being a
309	305		portion of the tract of land called 1,117.77 acres and designated as
310	306		T85M1 as described in a deed from Champion International
311	307		Corporation to Champion Realty Corporation (Florida) dated
312	308		November 8, 1985 and recorded in Montgomery County Clerk File
313	309		No. 8550943 of the Real Property Records of Montgomery County,
314	310		Texas said 1.580 acre tract being more particularly described as
315	311		follows;
316	312		BEGINNING at a set 1/2" iron pin for the North corner in the
317	313		division line between the Gowan Harris Survey A-246 and the Alfonso
318	314		Stiel Survey A-477, also the Northwest line of the 1,117.77 acre
319	315		tract, a set 1/2" iron pin the Southeast line of the Stiel Survey at
320	316		a common corner between the Harris Survey and John Bricker Survey
321	317		A-98, also the North corner of the 1,117.77 acre tract, lies N 59°
322	318		28' 47" E, 466.69 ft. from this point;
323	319		THENCE departing said division line with Northeast line of
324	320		this tract, S 30° 34' 17" E, 220.28 ft. to a set 1/2" iron pin for
325	321		East corner;
326	322		THENCE with the Southeast line of this tract, S 59° 28' 47" W,
327	323		312.46 ft. to a set 1/2" iron pin for South corner;
328	324		THENCE with the Southwest line of this tract, N 30° 34' 17" W,
329	325		220.28 ft. to a set 1/2" iron pin in the division line between the
330	326		Stiel and Harris Surveys for West corner;
331	327		THENCE with said division line, also the Northwest Line of
332	328		said 1,117.77 acre tract and the tract herein described, N 59° 28'
333	329		47" E, 312.46 ft. to the PLACE OF BEGINNING and containing 1.580
334	330		acres of land.
335	331		For a net acreage of 1193 acres.
336	332		SECTION 3. (a) The legal notice of the intention to
337	333		introduce this Act, setting forth the general substance of this
338	334		Act, has been published as provided by law, and the notice and a
339	335		copy of this Act have been furnished to all persons, agencies,
340	336		officials, or entities to which they are required to be furnished
341	337		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
342	338		Government Code.
343	339		(b) The governor, one of the required recipients, has
344	340		submitted the notice and Act to the Texas Commission on
345	341		Environmental Quality.
346	342		(c) The Texas Commission on Environmental Quality has filed
347	343		its recommendations relating to this Act with the governor, the
348	344		lieutenant governor, and the speaker of the house of
349	345		representatives within the required time.
350	346		(d) All requirements of the constitution and laws of this
351	347		state and the rules and procedures of the legislature with respect
352	348		to the notice, introduction, and passage of this Act are fulfilled
353	349		and accomplished.
354	350		SECTION 4. (a) If this Act does not receive a two-thirds
355	351		vote of all the members elected to each house, Subchapter C, Chapter
356	352		8090, Special District Local Laws Code, as added by Section 1 of
357	353		this Act, is amended by adding Section 8090.0307 to read as follows:
358	354		Sec. 8090.0307. NO EMINENT DOMAIN POWER. The district may
359	355		not exercise the power of eminent domain.
360	356		(b) This section is not intended to be an expression of a
361	357		legislative interpretation of the requirements of Section 17(c),
362	358		Article I, Texas Constitution.
363	359		SECTION 5. This Act takes effect immediately if it receives
364	360		a vote of two-thirds of all the members elected to each house, as
365	361		provided by Section 39, Article III, Texas Constitution. If this
366	362		Act does not receive the vote necessary for immediate effect, this
367	363		Act takes effect September 1, 2019.
368		-	* * * * *