Texas 2019 - 86th Regular

Texas Senate Bill SB2466 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R11262 SLB-F
1	2		By: Creighton S.B. No. 2466
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. 174; 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 8066 to read as follows:
18	14		CHAPTER 8066. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 174
19	15		SUBCHAPTER A. GENERAL PROVISIONS
20	16		Sec. 8066.0101. 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. 174.
27	23		Sec. 8066.0102. 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. 8066.0103. 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. 8066.0104. CONSENT OF MUNICIPALITY REQUIRED. The
35	31		temporary directors may not hold an election under Section
36	32		8066.0103 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. 8066.0105. 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. 8066.0106. 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. 8066.0201. GOVERNING BODY; TERMS. (a) The district
64		-	is governed by a board of five elected directors.
	59	+	Sec. 8066.0201. GOVERNING BODY; TERMS. (a) The district is
	60	+	governed by a board of five elected directors.
65	61		(b) Except as provided by Section 8066.0202, directors
66	62		serve staggered four-year terms.
67	63		Sec. 8066.0202. TEMPORARY DIRECTORS. (a) The temporary
68	64		board consists of:
69	65		(1) Lynnette Tujague;
70	66		(2) Andy Mersmann;
71	67		(3) Julia Russell;
72	68		(4) Monica Pena; and
73	69		(5) Madeline Berry.
74	70		(b) Temporary directors serve until the earlier of:
75	71		(1) the date permanent directors are elected under
76	72		Section 8066.0103; 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 8066.0103 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 8066.0103; 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. 8066.0301. 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. 8066.0302. 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. 8066.0303. 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. 8066.0304. 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. 8066.0305. 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. 8066.0401. ELECTIONS REGARDING TAXES OR BONDS.
131		-	~~(a)~~ The district may issue, without an election, bonds and other
	126	+	Sec. 8066.0401. 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 8066.0403.
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. 8066.0402. OPERATION AND MAINTENANCE TAX. (a) If
144	140		authorized at an election held under Section 8066.0401, 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. 8066.0403. 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. 8066.0501. 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. 8066.0502. 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. 8066.0503. 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. 174 initially includes all the territory contained in the
179	175		following area:
180	176		Being a tract containing 148.435 acres of land situated in
181	177		the W.T. Dunlavy Survey, Abstract No. 168, the W. Hillhouse Survey,
182	178		Abstract No. 260 and the J. Pierpont Survey, Abstract No. 426, in
183	179		Montgomery County, Texas. Said 148.435 acres being a call 149.849
184	180		acre tract of land recorded in the name of Stacy Elizabeth Smith
185	181		Dudevszky under Montgomery County Clerk's File (M.C.C.F.)
186	182		No. 2005083316, LESS AND EXCEPT a call 1.420 acre tract of land
187	183		recorded in the name of State of Texas under M.C.C.F.
188	184		No. 2010040292. Said 148.435 acres being more particularly
189	185		described by metes and bounds as follows (bearings are referenced
190	186		to the Texas Coordinate System of 1983, Central Zone, based on GPS
191	187		observations):
192	188		BEGINNING at a TXDOT disc found at the southwest corner of the
193	189		herein described tract and northwest corner of said 1.420 acre
194	190		tract, same being on the north Right-of-Way line of F.M. 1774 (width
195	191		varies) and the east line of a call 12.15 acre tract of land
196	192		recorded in the name of James Lamar O'Neal in Volume 745, Page 775
197	193		of the Montgomery County Deed Records (M.C.D.R.);
198	194		THENCE, with said east line and the east line of a call 12.15
199	195		acre tract of land recorded in the name of Edgar Leon O'Neal in
200	196		Volume 745, Page 783 of the M.C.D.R., North 01 degrees 28 minutes 01
201	197		seconds West, a distance of 1,583.43 feet to a 1/2 inch square iron
202	198		rod found;
203	199		THENCE, with the upper south line of said Edgar Leon O'Neal
204	200		12.15 acre tract, North 87 degrees 53 minutes 08 seconds East, a
205	201		distance of 132.46 feet to an iron bolt found;
206	202		THENCE, with aforesaid east line, the east line of those two
207	203		(2) call 5.756 acre tracts of land recorded in the names of Leon
208	204		Charles O'Neal and Norman Leslie O'Neal under M.C.C.F.
209	205		No. 2003039490, and the east line of a call 2.2817 acre tract of
210	206		land recorded in the name of Alice Law Johnson under M.C.C.F.
211	207		No. 98102399, North 01 degrees 56 minutes 32 seconds West, a
212	208		distance of 1,355.78 feet to a 1 inch iron pipe (bent) found on the
213	209		common line between aforesaid Pierpont and Hillhouse Surveys and
214	210		being at the northeast corner of said 2.2817 acre tract;
215	211		THENCE, North 03 degrees 15 minutes 53 seconds West, a
216	212		distance of 454.86 feet to a 5/8 inch iron rod found at the
217	213		southwest corner of a call 7.505 acre tract of land recorded in the
218	214		name of Rondle L. Hartley and Pat A. Hartley under M.C.C.F.
219	215		No. 2000012801;
220	216		THENCE, with the south line of said 7.505 acre tract and a
221	217		call 7.500 acre tract of land recorded in the name of Edmond R.
222	218		Shanks and Amanda D. Shanks under M.C.C.F. No. 2000012802, North 87
223	219		degrees 16 minutes 27 seconds East, a distance of 1,315.32 feet to a
224	220		1/2 inch iron rod found at the southeast corner of said 7.500 acre
225	221		tract;
226	222		THENCE, with the east line of said 7.500 acre tract, North 03
227	223		degrees 14 minutes 39 seconds West, a distance of 496.57 feet to a
228	224		point at a fence corner post found at the northeast corner of said
229	225		7.500 acre tract, the southwest corner of a call 3.0445 acre tract
230	226		of land recorded in the name of Magnolia Castland, Inc. under
231	227		M.C.C.F. No. 99019783, and being at the centerline terminus of
232	228		Sandra Dee Lane, a 60 foot road easement;
233	229		THENCE, with the south line of said 3.0445 acre tract, North
234	230		87 degrees 14 minutes 28 seconds East, at a distance of 30 feet
235	231		passing the east line of said Sandra Dee Lane, and continuing for a
236	232		total distance of 437.37 feet to a 1/2 inch iron rod found at the
237	233		southeast corner of said 3.0445 acre tract and being on the west
238	234		line of a call 12.4782 acre tract of land recorded in the name of
239	235		Charles W. Tatom and Barbara D. Tatom under M.C.C.F. No. 9805419;
240	236		THENCE, with said west line and the west line of a call 3.0690
241	237		acre tract of land recorded in the name of Jessica Manwaring under
242	238		M.C.C.F. No. 2017101365, South 03 degrees 19 minutes 34 seconds
243	239		East, a distance of 496.83 feet to a 5/8 inch capped iron rod
244	240		stamped "GBI Partners" set;
245	241		THENCE, continuing with the west line of said 3.0690 acre
246	242		tract, South 03 degrees 06 minutes 29 seconds East, a distance of
247	243		457.74 feet to a 3/4 inch iron rod found at the northwest corner of a
248	244		call 17.845 acre tract of land recorded in the name of Diane M Daleo
249	245		under M.C.C.F. No. 2011008721 and being on the common line between
250	246		aforesaid Pierpont and Dunlavy Surveys;
251	247		THENCE, with the west line of said 17.845 acre tract and a
252	248		call 8.6122 acre tract of land (styled "Tract 2") recorded in the
253	249		name of DMJ Kachel, LLC under M.C.C.F. No. 2016105309, South 02
254	250		degrees 08 minutes 18 seconds East, a distance of 1,117.06 feet to a
255	251		point in Kachel Lake, said point being the common corner between
256	252		aforesaid 149.849 acre tract, 8.6122 acre tract, and a call 35.151
257	253		acre tract of land recorded in the name of Christopher H. Osborne
258	254		and Gail J. Osborne under M.C.C.F No. 2012070459;
259	255		THENCE, through and across said Kachel Lake and with a north
260	256		line of said 35.151 acre tract, South 75 degrees 12 minutes 08
261	257		seconds West, a distance of 181.21 feet to a point in said Kachel
262	258		Lake;
263	259		THENCE, with the west line of said 35.151 acre tract, South 02
264	260		degrees 28 minutes 35 seconds West, at a distance of 250.97 feet
265	261		passing a found 1 inch iron pipe for reference, and continuing for a
266	262		total distance of 1,125.43 feet to a 5/8 inch iron rod found at the
267	263		southwest corner of said 35.151 acre tract and the northwest corner
268	264		of Undesignated Reserve "A", Block 1 of Final Plat of Magnolia Road
269	265		Investments, a subdivision recorded in M.C.C.F. No. 2018013113
270	266		(Cabinet 00Z, Sheet 4961);
271	267		THENCE, with the west line of said Undesignated Reserve "A",
272	268		South 07 degrees 40 minutes 10 seconds East, a distance of 1,225.58
273	269		feet to a TXDOT disc found at the southwest corner of said
274	270		Undesignated Reserve "A", the northeast corner of aforesaid 1.420
275	271		acre tract of land and being on the aforesaid north R.O.W. line of
276	272		F.M. 1774, from which point a found TXDOT disc bears South 74
277	273		degrees 45 minutes 48 seconds East, a distance of 243.20 feet;
278	274		THENCE, with said north R.O.W. line and the north line of said
279	275		1.420 acre tract, the following two (2) courses:
280	276		1.) North 74 degrees 45 minutes 48 seconds West, a distance
281	277		of 733.80 feet to a TXDOT disc found;
282	278		2.) North 75 degrees 03 minutes 25 seconds West, at a
283	279		distance of 136.05 feet passing a found TXDOT disc for reference at
284	280		the common line between aforesaid Dunlavy and Hillhouse Surveys,
285	281		and continuing for a total distance of 1,107.06 feet to the POINT OF
286	282		BEGINNING and containing 148.435 acres of land, more or less.
287	283		SECTION 3. (a) The legal notice of the intention to
288	284		introduce this Act, setting forth the general substance of this
289	285		Act, has been published as provided by law, and the notice and a
290	286		copy of this Act have been furnished to all persons, agencies,
291	287		officials, or entities to which they are required to be furnished
292	288		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
293	289		Government Code.
294	290		(b) The governor, one of the required recipients, has
295	291		submitted the notice and Act to the Texas Commission on
296	292		Environmental Quality.
297	293		(c) The Texas Commission on Environmental Quality has filed
298	294		its recommendations relating to this Act with the governor, the
299	295		lieutenant governor, and the speaker of the house of
300	296		representatives within the required time.
301	297		(d) All requirements of the constitution and laws of this
302	298		state and the rules and procedures of the legislature with respect
303	299		to the notice, introduction, and passage of this Act are fulfilled
304	300		and accomplished.
305	301		SECTION 4. (a) If this Act does not receive a two-thirds
306	302		vote of all the members elected to each house, Subchapter C, Chapter
307	303		8066, Special District Local Laws Code, as added by Section 1 of
308	304		this Act, is amended by adding Section 8066.0306 to read as follows:
309	305		Sec. 8066.0306. NO EMINENT DOMAIN POWER. The district may
310	306		not exercise the power of eminent domain.
311	307		(b) This section is not intended to be an expression of a
312	308		legislative interpretation of the requirements of Section 17(c),
313	309		Article I, Texas Constitution.
314	310		SECTION 5. This Act takes effect immediately if it receives
315	311		a vote of two-thirds of all the members elected to each house, as
316	312		provided by Section 39, Article III, Texas Constitution. If this
317	313		Act does not receive the vote necessary for immediate effect, this
318	314		Act takes effect September 1, 2019.
319		-	* * * * *