Texas 2019 - 86th Regular

Texas Senate Bill SB2500 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R16002 SLB-F
1	2		By: Nichols S.B. No. 2500
2		-	(In the Senate - Filed March 29, 2019; April 1, 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. 180; 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 8083 to read as follows:
18	14		CHAPTER 8083. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 180
19	15		SUBCHAPTER A. GENERAL PROVISIONS
20	16		Sec. 8083.0101. 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. 180.
27	23		Sec. 8083.0102. 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. 8083.0103. 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. 8083.0104. CONSENT OF MUNICIPALITY REQUIRED. The
35	31		temporary directors may not hold an election under Section
36	32		8083.0103 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. 8083.0105. 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. 8083.0106. 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. 8083.0201. GOVERNING BODY; TERMS. (a) The district
64		-	is governed by a board of five elected directors.
	59	+	Sec. 8083.0201. GOVERNING BODY; TERMS. (a) The district is
	60	+	governed by a board of five elected directors.
65	61		(b) Except as provided by Section 8083.0202, directors
66	62		serve staggered four-year terms.
67	63		Sec. 8083.0202. 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 8083.0103; 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 8083.0103 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 8083.0103; 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. 8083.0301. 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. 8083.0302. 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. 8083.0303. 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. 8083.0304. 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. 8083.0305. 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. 8083.0306. DIVISION OF DISTRICT. (a) The district
130		-	~~may~~ be divided into two or more new districts only if the district:
	125	+	Sec. 8083.0306. 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		8083.0103 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 8083.0103.
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		8083.0104 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. 8083.0401. ELECTIONS REGARDING TAXES OR BONDS.
176		-	~~(a)~~ The district may issue, without an election, bonds and other
	171	+	Sec. 8083.0401. 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 8083.0403.
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. 8083.0402. OPERATION AND MAINTENANCE TAX. (a) If
189	185		authorized at an election held under Section 8083.0401, 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. 8083.0403. 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. 8083.0501. 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. 8083.0502. 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. 8083.0503. 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. 180 initially includes all the territory contained in the
224	220		following area:
225	221		TRACT 1:
226	222		Being 303.862 acres of land situated in the Lorenzo Jones
227	223		Survey, A-294, and the Joseph B. Artoff Survey, A-56, Montgomery
228	224		County, Texas, and being out of a residual of a certain 1731.823
229	225		acres of land as described in deed recorded under County Clerk's
230	226		File No. 2007-032747 of the Real Property Records of Montgomery
231	227		County, Texas, said 303.862 acres of land being more particularly
232	228		described by metes and bounds as follows:
233	229		BEGINNING at a 5/8 inch iron rod with survey cap (Moyer) found
234	230		in the east line of F.M. 1486, a 100 foot right-of-way, for the
235	231		northwest corner of a certain 73.082 acres of land as described in
236	232		deed recorded under County Clerk's File No. 2008-033746 of the Real
237	233		Property Records of Montgomery County, Texas, same being the
238	234		southwest corner and POINT OF BEGINNING of the herein described
239	235		tract;
240	236		THENCE North 02 degrees 35 minutes 18 seconds West, along the
241	237		east line of said F.M. 1486 and the west boundary line of the herein
242	238		described tract, a distance of 1424.40 feet to a 5/8 inch iron rod
243	239		with survey cap (Moyer) set for the northwest corner of the herein
244	240		described tract;
245	241		THENCE North 87 degrees 31 minutes 51 seconds East, severing
246	242		the said residual of 1731.823 acres of land along the north boundary
247	243		line of the herein described tract, a distance of 9,294.00 feet to a
248	244		5/8 inch iron rod with survey cap (Moyer) set for the northeast
249	245		corner of the herein described tract;
250	246		THENCE South 02 degrees 28 minutes 09 seconds East, severing
251	247		the said 1731.823 acres of land along the east boundary line of the
252	248		herein described tract, a distance of 1424.40 feet to a 5/8 inch
253	249		iron rod with survey cap (Moyer) set for the southeast corner of the
254	250		herein described tract;
255	251		THENCE South 87 degrees 31 minutes 51 seconds West, severing
256	252		the said 1731.823 acres of land along the south boundary line of the
257	253		herein described tract, passing at 787.06 feet, a 5/8 inch iron rod
258	254		with survey cap (Moyer) found for reference and the northeast
259	255		corner of a certain 300.000 acres of land as described in deed
260	256		recorded under County Clerk's File No. 2007-058588 of the Real
261	257		Property Records of Montgomery County, Texas, passing at 6,862.31
262	258		feet a 5/8 inch iron rod with survey cap (Moyer) found for reference
263	259		and the northwest corner of the said 300.000 acres of land common to
264	260		the northeast corner of the said 73.082 acres of land continuing in
265	261		all a distance of 9291.04 feet to the POINT OF BEGINNING and
266	262		containing 303.862 acres of land.
267	263		TRACT 2:
268	264		Being 362.014 acres of land situated in the Joseph M.
269	265		Robinson Survey, A-450; the Lorenzo Jones Survey, A-294; and the
270	266		Joseph B. Artoff Survey, A-56, Montgomery County, Texas, and being
271	267		out of a residual of a certain 1731.823 acres of land as described
272	268		in deed recorded under County Clerk's File No. 2007-032747 of the
273	269		Real Property Records of Montgomery County, Texas, said 362.014
274	270		acres of land being more particularly described by metes and bounds
275	271		as follows:
276	272		BEGINNING at a 5/8 inch iron rod with survey cap (Moyer) set
277	273		in the east line of F.M. 1486 for the southwest corner of a certain
278	274		640.75 acres of land as described in deed recorded under County
279	275		Clerk's File No. 9726626 of the Real Property Records of Montgomery
280	276		County, Texas, and the northwest corner of the herein described
281	277		tract from which a masonry nail found for reference and the
282	278		northwest corner of the said 1731.823 acres of land bears South 87
283	279		degrees 31 minutes 52 seconds West, a distance of 50.00 feet;
284	280		THENCE North 87 degrees 31 minutes 52 seconds East, along the
285	281		south boundary line of the said 640.75 acres of land common to the
286	282		north boundary line of the herein described tract, a distance of
287	283		10,062.09 feet to a 5/8 inch iron rod with survey cap (Moyer) set
288	284		for the northwest corner of a certain 19.000 acres of land as
289	285		described in deed recorded under County Clerk's File
290	286		No. 2009-107508 of the Real Property Records of Montgomery County,
291	287		Texas, and the northeast corner of the herein described tract;
292	288		THENCE South 04 degrees 28 minutes 21 seconds East, along the
293	289		west boundary line of the said 19.000 acres of land and continuing
294	290		along the west boundary line of a 33.000 acre residual out of 52.000
295	291		acres of land as described in deed recorded under County Clerk's
296	292		File No. 2008-106440 of the Real Property Records of Montgomery
297	293		County, Texas, same being the east boundary line of the herein
298	294		described tract, a distance of 1857.28 feet to a 5/8 inch iron rod
299	295		with survey cap (Moyer) set for the southwest corner of the said
300	296		52.000 acres of land and an easterly interior corner of the herein
301	297		described tract;
302	298		THENCE South 74 degrees 44 minutes 59 seconds East, along the
303	299		southwest boundary line of the said 52.000 acres of land and a
304	300		southeasterly boundary line of the herein described tract, a
305	301		distance of 541.99 feet to a 5/8 inch iron rod with survey cap
306	302		(Moyer) set for an interior southerly corner of the said 52.000
307	303		acres of land and a southeasterly corner of the herein described
308	304		tract;
309	305		THENCE South 04 degrees 28 minutes 21 seconds East, along a
310	306		southerly boundary line of the said 52.000 acres of land and the
311	307		most easterly southeast boundary line of the herein described
312	308		tract, passing at 372.00 feet, a 5/8 inch iron rod with survey cap
313	309		(Moyer) set for reference, continuing in all, a distance of 437.87
314	310		feet to a 5/8 inch iron rod with survey cap (Moyer) set in a curve in
315	311		the northeast boundary line of a certain 98.000 acres of land as
316	312		described in deed recorded under County Clerk's File
317	313		No. 2009-031792 of the Real Property Records of Montgomery County,
318	314		Texas, for a southwesterly corner of the said 52.000 acres of land
319	315		and the southeast corner of the herein described tract;
320	316		THENCE in a northwesterly direction along the northeast
321	317		boundary line of the said 98.000 acres of land and a southeast
322	318		boundary line of the herein described tract along a non-tangent
323	319		curve to the left having as its elements: a radius of 1970.00 feet,
324	320		a central angle of 07 degrees 02 minutes 06 seconds, an arc length
325	321		of 241.88 feet, and a chord bearing of North 73 degrees 13 minutes
326	322		22 seconds West, a distance of 241.73 feet to a 5/8 inch iron rod
327	323		with survey cap (Moyer) set for the most northerly northeast corner
328	324		of the said 98.000 acres of land and an interior southeasterly
329	325		corner of the herein described tract;
330	326		THENCE South 53 degrees 16 minutes 44 seconds West, along a
331	327		northerly boundary line of the said 98.000 acres of land and a
332	328		southeasterly boundary line of the herein described tract, a
333	329		distance of 835.71 feet to a 5/8 inch iron rod with survey cap
334	330		(Moyer) set for a northerly angle point of the said 98.000 acres of
335	331		land and a southeasterly angle point of the herein described tract;
336	332		THENCE South 87 degrees 31 minutes 51 seconds West,
337	333		continuing along the north boundary line of the said 98.000 acres of
338	334		land and a southeast boundary line of the herein described tract, a
339	335		distance of 442.64 feet to a 5/8 inch iron rod with survey cap
340	336		(Moyer) set for the southeast corner of a certain 303.862 acres of
341	337		land as described in deed recorded under County Clerk's File
342	338		No. 2009-002342 of the Real Property Records of Montgomery County,
343	339		Texas, and the most southerly southeast corner of the herein
344	340		described tract;
345	341		THENCE North 02 degrees 28 minutes 09 seconds West, along the
346	342		east boundary line of the said 303.862 acres of land common to the
347	343		westerly southeast boundary line of the herein described tract, a
348	344		distance of 1424.40 feet to a 5/8 inch iron rod with survey cap
349	345		(Moyer) set for the northeast corner of the said 303.862 acres of
350	346		land and an interior southeasterly corner of the herein described
351	347		tract;
352	348		THENCE South 87 degrees 31 minutes 51 seconds West, along the
353	349		north boundary line of the said 303.862 acres of land common to the
354	350		south boundary line of the herein described tract, a distance of
355	351		9,294.00 feet to a 5/8 inch iron rod with survey cap (Moyer) set in
356	352		the east line of said F.M. 1486 for the northwest corner of the said
357	353		303.862 acres of land and the southwest corner of the herein
358	354		described tract;
359	355		THENCE North 02 degrees 35 minutes 18 seconds West, along the
360	356		east line of said F.M. 1486 and the west boundary line of the herein
361	357		described tract, a distance of 1425.04 feet to the POINT OF
362	358		BEGINNING and containing 362.014 acres of land.
363	359		SECTION 3. (a) The legal notice of the intention to
364	360		introduce this Act, setting forth the general substance of this
365	361		Act, has been published as provided by law, and the notice and a
366	362		copy of this Act have been furnished to all persons, agencies,
367	363		officials, or entities to which they are required to be furnished
368	364		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
369	365		Government Code.
370	366		(b) The governor, one of the required recipients, has
371	367		submitted the notice and Act to the Texas Commission on
372	368		Environmental Quality.
373	369		(c) The Texas Commission on Environmental Quality has filed
374	370		its recommendations relating to this Act with the governor, the
375	371		lieutenant governor, and the speaker of the house of
376	372		representatives within the required time.
377	373		(d) All requirements of the constitution and laws of this
378	374		state and the rules and procedures of the legislature with respect
379	375		to the notice, introduction, and passage of this Act are fulfilled
380	376		and accomplished.
381	377		SECTION 4. (a) If this Act does not receive a two-thirds
382	378		vote of all the members elected to each house, Subchapter C, Chapter
383	379		8083, Special District Local Laws Code, as added by Section 1 of
384	380		this Act, is amended by adding Section 8083.0307 to read as follows:
385	381		Sec. 8083.0307. NO EMINENT DOMAIN POWER. The district may
386	382		not exercise the power of eminent domain.
387	383		(b) This section is not intended to be an expression of a
388	384		legislative interpretation of the requirements of Section 17(c),
389	385		Article I, Texas Constitution.
390	386		SECTION 5. This Act takes effect immediately if it receives
391	387		a vote of two-thirds of all the members elected to each house, as
392	388		provided by Section 39, Article III, Texas Constitution. If this
393	389		Act does not receive the vote necessary for immediate effect, this
394	390		Act takes effect September 1, 2019.
395		-	* * * * *