Texas 2019 - 86th Regular

Texas Senate Bill SB2465 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R11260 SLB-F
1	2		By: Creighton S.B. No. 2465
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. 166; 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 8067 to read as follows:
18	14		CHAPTER 8067. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 166
19	15		SUBCHAPTER A. GENERAL PROVISIONS
20	16		Sec. 8067.0101. 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. 166.
27	23		Sec. 8067.0102. 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. 8067.0103. 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. 8067.0104. CONSENT OF MUNICIPALITY REQUIRED. The
35	31		temporary directors may not hold an election under Section
36	32		8067.0103 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. 8067.0105. 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. 8067.0106. 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. 8067.0201. GOVERNING BODY; TERMS. (a) The district
64		-	is governed by a board of five elected directors.
	59	+	Sec. 8067.0201. GOVERNING BODY; TERMS. (a) The district is
	60	+	governed by a board of five elected directors.
65	61		(b) Except as provided by Section 8067.0202, directors
66	62		serve staggered four-year terms.
67	63		Sec. 8067.0202. TEMPORARY DIRECTORS. (a) The temporary
68	64		board consists of:
69	65		(1) Emily Lassetter;
70	66		(2) Stephanie Trevino;
71	67		(3) Mike Scott;
72	68		(4) Allen DeJonge; and
73	69		(5) Marcus Campbell.
74	70		(b) Temporary directors serve until the earlier of:
75	71		(1) the date permanent directors are elected under
76	72		Section 8067.0103; 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 8067.0103 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 8067.0103; 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. 8067.0301. 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. 8067.0302. 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. 8067.0303. 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. 8067.0304. 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. 8067.0305. 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	125		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
130		-	Sec. 8067.0401. ELECTIONS REGARDING TAXES OR BONDS.
131		-	~~(a)~~ The district may issue, without an election, bonds and other
	126	+	Sec. 8067.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
	127	+	The district may issue, without an election, bonds and other
132	128		obligations secured by:
133	129		(1) revenue other than ad valorem taxes; or
134	130		(2) contract payments described by Section 8067.0403.
135	131		(b) The district must hold an election in the manner
136	132		provided by Chapters 49 and 54, Water Code, to obtain voter approval
137	133		before the district may impose an ad valorem tax or issue bonds
138	134		payable from ad valorem taxes.
139	135		(c) The district may not issue bonds payable from ad valorem
140	136		taxes to finance a road project unless the issuance is approved by a
141	137		vote of a two-thirds majority of the district voters voting at an
142	138		election held for that purpose.
143	139		Sec. 8067.0402. OPERATION AND MAINTENANCE TAX. (a) If
144	140		authorized at an election held under Section 8067.0401, the
145	141		district may impose an operation and maintenance tax on taxable
146	142		property in the district in accordance with Section 49.107, Water
147	143		Code.
148	144		(b) The board shall determine the tax rate. The rate may not
149	145		exceed the rate approved at the election.
150	146		Sec. 8067.0403. CONTRACT TAXES. (a) In accordance with
151	147		Section 49.108, Water Code, the district may impose a tax other than
152	148		an operation and maintenance tax and use the revenue derived from
153	149		the tax to make payments under a contract after the provisions of
154	150		the contract have been approved by a majority of the district voters
155	151		voting at an election held for that purpose.
156	152		(b) A contract approved by the district voters may contain a
157	153		provision stating that the contract may be modified or amended by
158	154		the board without further voter approval.
159	155		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
160	156		Sec. 8067.0501. AUTHORITY TO ISSUE BONDS AND OTHER
161	157		OBLIGATIONS. The district may issue bonds or other obligations
162	158		payable wholly or partly from ad valorem taxes, impact fees,
163	159		revenue, contract payments, grants, or other district money, or any
164	160		combination of those sources, to pay for any authorized district
165	161		purpose.
166	162		Sec. 8067.0502. TAXES FOR BONDS. At the time the district
167	163		issues bonds payable wholly or partly from ad valorem taxes, the
168	164		board shall provide for the annual imposition of a continuing
169	165		direct ad valorem tax, without limit as to rate or amount, while all
170	166		or part of the bonds are outstanding as required and in the manner
171	167		provided by Sections 54.601 and 54.602, Water Code.
172	168		Sec. 8067.0503. BONDS FOR ROAD PROJECTS. At the time of
173	169		issuance, the total principal amount of bonds or other obligations
174	170		issued or incurred to finance road projects and payable from ad
175	171		valorem taxes may not exceed one-fourth of the assessed value of the
176	172		real property in the district.
177	173		SECTION 2. The Montgomery County Municipal Utility District
178	174		No. 166 initially includes all the territory contained in the
179	175		following area:
180	176		BEING a 200.31 acre tract of land in the T Chatham Survey
181	177		Abstract 137 being all of a called 152.0 acre tract of land as
182	178		recorded in Montgomery County Clerk's File No. 2017-01236 (Save and
183	179		Except the Right of Way of FM 2854 as recorded in Volume 1110, Page
184	180		816 of the Deed Records of Montgomery County) and all of a called
185	181		52.4 acre tract of land as recorded in Montgomery County Clerk's
186	182		File No. 2017-012360, said 200.31 acre tract being more
187	183		particularly described as follows:
188	184		BEGINNING at a 1/2" iron rod found for the southeast corner of
189	185		Lot 13 Block 1 Hilltop Ranch, Section 1, a subdivision recorded in
190	186		the Cabinet O, Sheet 138 of the Map Records of Montgomery County,
191	187		Texas, also being the southwesterly corner of the said 52.4 acre
192	188		tract and being southwesterly corner of herein described tract;
193	189		THENCE N 02 deg. 05' 33" W along an easterly line of Hilltop
194	190		Ranch, a distance of 1645.09 feet to a 1/2'' iron rod for an interior
195	191		angle point of Hilltop Ranch and being the northwesterly corner of
196	192		herein described tract;
197	193		THENCE N 86 deg. 27' 49" E along a southerly line of Hilltop
198	194		Ranch, a distance of 1300.68 feet to a 1/2" iron rod found for an
199	195		easterly southeast corner of Hilltop Ranch, also in the westerly
200	196		line of Roman Hills Section 1 as recorded in Volume 10, Sheet 58 of
201	197		the Map Record of Montgomery County, Texas and being the
202	198		northeasterly corner of herein described tract;
203	199		THENCE S 02 deg. 42' 57" E along the westerly line of Roman
204	200		Hills Section 1, a distance of 3381.75 feet to a 1/2'' iron rod found
205	201		in the northerly line of a called 857.061 acre tract as recorded in
206	202		Montgomery County Clerk's File No. 2013-004324, and being the
207	203		southeasterly corner of herein described tract;
208	204		THENCE S 89 deg. 21' 05" W along the northerly line of said
209	205		857.061 acre tract, a distance of 1064.74 feet to a 3" iron pipe
210	206		found for the northeasterly corner of the Winston Heir's 1.00 acre
211	207		tract, also being the northwesterly corner of the said 857.061 acre
212	208		tract and being a angle point of the herein described tract;
213	209		THENCE S 87 deg. 24' 19" W along the northerly line of the
214	210		Winston tract, a distance of 1949.94 feet to a 1/2" iron rod found
215	211		in the easterly Right of Way of FM 2854, also being the
216	212		northwesterly corner of a called 37.89 acre tract of land as
217	213		recorded in Montgomery County Clerk's File No. 9534597, and being
218	214		the southwesterly corner of the herein described tract;
219	215		THENCE along the easterly Right of Way of FM 2854, N 52 deg.
220	216		18' 39" W a distance of 865.84 feet to a concrete monument found for
221	217		an angle point;
222	218		THENCE along the easterly Right of Way of FM 2854, along a
223	219		curve to the right with a radius of 2804.79 feet, a chord that bears
224	220		N 44 deg. 18' 53" W a distance of 794.75 feet to a concrete monument
225	221		found for an angle point;
226	222		THENCE N 35 deg. 48' 17" W along the easterly Right of Way of
227	223		FM 2854, a distance of 640.23 feet to a 5/8" iron rod found for the
228	224		southerly southwest corner of Hilltop Ranch, and being the
229	225		northwesterly corner herein described tract;
230	226		THENCE N 87 deg. 34' 27" E along the southerly line of Hilltop
231	227		Ranch, a distance of 3232.07 feet to the POINT OF BEGINNING and
232	228		containing 200.31 acres of land, more or less.
233	229		SECTION 3. (a) The legal notice of the intention to
234	230		introduce this Act, setting forth the general substance of this
235	231		Act, has been published as provided by law, and the notice and a
236	232		copy of this Act have been furnished to all persons, agencies,
237	233		officials, or entities to which they are required to be furnished
238	234		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
239	235		Government Code.
240	236		(b) The governor, one of the required recipients, has
241	237		submitted the notice and Act to the Texas Commission on
242	238		Environmental Quality.
243	239		(c) The Texas Commission on Environmental Quality has filed
244	240		its recommendations relating to this Act with the governor, the
245	241		lieutenant governor, and the speaker of the house of
246	242		representatives within the required time.
247	243		(d) All requirements of the constitution and laws of this
248	244		state and the rules and procedures of the legislature with respect
249	245		to the notice, introduction, and passage of this Act are fulfilled
250	246		and accomplished.
251	247		SECTION 4. (a) If this Act does not receive a two-thirds
252	248		vote of all the members elected to each house, Subchapter C, Chapter
253	249		8067, Special District Local Laws Code, as added by Section 1 of
254	250		this Act, is amended by adding Section 8067.0306 to read as follows:
255	251		Sec. 8067.0306. NO EMINENT DOMAIN POWER. The district may
256	252		not exercise the power of eminent domain.
257	253		(b) This section is not intended to be an expression of a
258	254		legislative interpretation of the requirements of Section 17(c),
259	255		Article I, Texas Constitution.
260	256		SECTION 5. This Act takes effect immediately if it receives
261	257		a vote of two-thirds of all the members elected to each house, as
262	258		provided by Section 39, Article III, Texas Constitution. If this
263	259		Act does not receive the vote necessary for immediate effect, this
264	260		Act takes effect September 1, 2019.
265		-	* * * * *