Texas 2019 - 86th Regular

Texas Senate Bill SB2529 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R12382 AAF-F
2	2	By: Nichols S.B. No. 2529
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Montgomery County Municipal Utility
8	8	District No. 177 of Montgomery County; granting a limited power of
9	9	eminent domain; providing authority to issue bonds; providing
10	10	authority to impose assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle F, Title 6, Special District Local Laws
13	13	Code, is amended by adding Chapter 8085 to read as follows:
14	14	CHAPTER 8085. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
15	15	NO. 177 OF MONTGOMERY COUNTY
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 8085.0101. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "City" means the City of Conroe, Texas.
20	20	(3) "Commission" means the Texas Commission on
21	21	Environmental Quality.
22	22	(4) "Director" means a board member.
23	23	(5) "District" means the Montgomery County Municipal
24	24	Utility District No. 177 of Montgomery County.
25	25	Sec. 8085.0102. NATURE OF DISTRICT. The district is a
26	26	municipal utility district created under Section 59, Article XVI,
27	27	Texas Constitution.
28	28	Sec. 8085.0103. CONFIRMATION AND DIRECTOR ELECTION
29	29	REQUIRED. The temporary directors shall hold an election to
30	30	confirm the creation of the district and to elect five permanent
31	31	directors as provided by Section 49.102, Water Code.
32	32	Sec. 8085.0104. CONSENT OF MUNICIPALITY REQUIRED. The
33	33	temporary directors may not hold an election under Section
34	34	8085.0103 until each municipality in whose corporate limits or
35	35	extraterritorial jurisdiction the district is located has
36	36	consented by ordinance or resolution to the creation of the
37	37	district and to the inclusion of land in the district.
38	38	Sec. 8085.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
39	39	(a) The district is created to serve a public purpose and benefit.
40	40	(b) The district is created to accomplish the purposes of:
41	41	(1) a municipal utility district as provided by
42	42	general law and Section 59, Article XVI, Texas Constitution; and
43	43	(2) Section 52, Article III, Texas Constitution, that
44	44	relate to the construction, acquisition, improvement, operation,
45	45	or maintenance of macadamized, graveled, or paved roads, or
46	46	improvements, including storm drainage, in aid of those roads.
47	47	Sec. 8085.0106. INITIAL DISTRICT TERRITORY. (a) The
48	48	district is initially composed of the territory described by
49	49	Section 2 of the Act enacting this chapter.
50	50	(b) The boundaries and field notes contained in Section 2 of
51	51	the Act enacting this chapter form a closure. A mistake made in the
52	52	field notes or in copying the field notes in the legislative process
53	53	does not affect the district's:
54	54	(1) organization, existence, or validity;
55	55	(2) right to issue any type of bond for the purposes
56	56	for which the district is created or to pay the principal of and
57	57	interest on a bond;
58	58	(3) right to impose a tax; or
59	59	(4) legality or operation.
60	60	Sec. 8085.0107. EFFECT OF ANNEXATION. Notwithstanding any
61	61	other law, if any of the territory of the district is annexed by the
62	62	city into the city's corporate limits, the district:
63	63	(1) retains all of the district's outstanding debt and
64	64	obligations; and
65	65	(2) is not dissolved.
66	66	SUBCHAPTER B. BOARD OF DIRECTORS
67	67	Sec. 8085.0201. GOVERNING BODY; TERMS. (a) The district is
68	68	governed by a board of five elected directors.
69	69	(b) Except as provided by Section 8085.0202, directors
70	70	serve staggered four-year terms.
71	71	Sec. 8085.0202. TEMPORARY DIRECTORS. (a) On or after
72	72	September 1, 2019, the owner or owners of a majority of the assessed
73	73	value of the real property in the district may submit a petition to
74	74	the commission requesting that the commission appoint as temporary
75	75	directors the five persons named in the petition. The commission
76	76	shall appoint as temporary directors the five persons named in the
77	77	petition.
78	78	(b) Temporary directors serve until the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 8085.0103; or
81	81	(2) September 1, 2023.
82	82	(c) If permanent directors have not been elected under
83	83	Section 8085.0103 and the terms of the temporary directors have
84	84	expired, successor temporary directors shall be appointed or
85	85	reappointed as provided by Subsection (d) to serve terms that
86	86	expire on the earlier of:
87	87	(1) the date permanent directors are elected under
88	88	Section 8085.0103; or
89	89	(2) the fourth anniversary of the date of the
90	90	appointment or reappointment.
91	91	(d) If Subsection (c) applies, the owner or owners of a
92	92	majority of the assessed value of the real property in the district
93	93	may submit a petition to the commission requesting that the
94	94	commission appoint as successor temporary directors the five
95	95	persons named in the petition. The commission shall appoint as
96	96	successor temporary directors the five persons named in the
97	97	petition.
98	98	SUBCHAPTER C. POWERS AND DUTIES
99	99	Sec. 8085.0301. GENERAL POWERS AND DUTIES. The district
100	100	has the powers and duties necessary to accomplish the purposes for
101	101	which the district is created.
102	102	Sec. 8085.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
103	103	DUTIES. The district has the powers and duties provided by the
104	104	general law of this state, including Chapters 49 and 54, Water Code,
105	105	applicable to municipal utility districts created under Section 59,
106	106	Article XVI, Texas Constitution.
107	107	Sec. 8085.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
108	108	52, Article III, Texas Constitution, the district may design,
109	109	acquire, construct, finance, issue bonds for, improve, operate,
110	110	maintain, and convey to this state, a county, or a municipality for
111	111	operation and maintenance macadamized, graveled, or paved roads, or
112	112	improvements, including storm drainage, in aid of those roads.
113	113	Sec. 8085.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
114	114	road project must meet all applicable construction standards,
115	115	zoning and subdivision requirements, and regulations of each
116	116	municipality in whose corporate limits or extraterritorial
117	117	jurisdiction the road project is located.
118	118	(b) If a road project is not located in the corporate limits
119	119	or extraterritorial jurisdiction of a municipality, the road
120	120	project must meet all applicable construction standards,
121	121	subdivision requirements, and regulations of each county in which
122	122	the road project is located.
123	123	(c) If the state will maintain and operate the road, the
124	124	Texas Transportation Commission must approve the plans and
125	125	specifications of the road project.
126	126	Sec. 8085.0305. COMPLIANCE WITH MUNICIPAL CONSENT
127	127	ORDINANCE OR RESOLUTION. The district shall comply with all
128	128	applicable requirements of any ordinance or resolution that is
129	129	adopted under Section 54.016 or 54.0165, Water Code, and that
130	130	consents to the creation of the district or to the inclusion of land
131	131	in the district.
132	132	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
133	133	Sec. 8085.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
134	134	The district may issue, without an election, bonds and other
135	135	obligations secured by:
136	136	(1) revenue other than ad valorem taxes; or
137	137	(2) contract payments described by Section 8085.0403.
138	138	(b) The district must hold an election in the manner
139	139	provided by Chapters 49 and 54, Water Code, to obtain voter approval
140	140	before the district may impose an ad valorem tax or issue bonds
141	141	payable from ad valorem taxes.
142	142	(c) The district may not issue bonds payable from ad valorem
143	143	taxes to finance a road project unless the issuance is approved by a
144	144	vote of a two-thirds majority of the district voters voting at an
145	145	election held for that purpose.
146	146	Sec. 8085.0402. OPERATION AND MAINTENANCE TAX. (a) If
147	147	authorized at an election held under Section 8085.0401, the
148	148	district may impose an operation and maintenance tax on taxable
149	149	property in the district in accordance with Section 49.107, Water
150	150	Code.
151	151	(b) The board shall determine the tax rate. The rate may not
152	152	exceed the rate approved at the election.
153	153	Sec. 8085.0403. CONTRACT TAXES. (a) In accordance with
154	154	Section 49.108, Water Code, the district may impose a tax other than
155	155	an operation and maintenance tax and use the revenue derived from
156	156	the tax to make payments under a contract after the provisions of
157	157	the contract have been approved by a majority of the district voters
158	158	voting at an election held for that purpose.
159	159	(b) A contract approved by the district voters may contain a
160	160	provision stating that the contract may be modified or amended by
161	161	the board without further voter approval.
162	162	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
163	163	Sec. 8085.0501. AUTHORITY TO ISSUE BONDS AND OTHER
164	164	OBLIGATIONS. The district may issue bonds or other obligations
165	165	payable wholly or partly from ad valorem taxes, impact fees,
166	166	revenue, contract payments, grants, or other district money, or any
167	167	combination of those sources, to pay for any authorized district
168	168	purpose.
169	169	Sec. 8085.0502. TAXES FOR BONDS. At the time the district
170	170	issues bonds payable wholly or partly from ad valorem taxes, the
171	171	board shall provide for the annual imposition of a continuing
172	172	direct ad valorem tax, without limit as to rate or amount, while all
173	173	or part of the bonds are outstanding as required and in the manner
174	174	provided by Sections 54.601 and 54.602, Water Code.
175	175	Sec. 8085.0503. BONDS FOR ROAD PROJECTS. At the time of
176	176	issuance, the total principal amount of bonds or other obligations
177	177	issued or incurred to finance road projects and payable from ad
178	178	valorem taxes may not exceed one-fourth of the assessed value of the
179	179	real property in the district.
180	180	SECTION 2. The Montgomery County Municipal Utility District
181	181	No. 177 of Montgomery County initially includes all the territory
182	182	contained in the following area:
183	183	MUD PARCEL
184	184	Being 208.41 acres (9,078,221 square feet) tract of land situated
185	185	in the G.W. Lonis Survey, Abstract 313 and F.K. Henderson Survey,
186	186	Abstract 248 of Montgomery County, Texas, said 208.41 acre parcel
187	187	more particularly described by metes and bounds as follows with all
188	188	bearings based on Texas State Plane Coordinate System, Central
189	189	Zone, North American Datum 1983;
190	190	BEGINNING at a point whose Northing is 10142421.53 and whose
191	191	Easting is 3824308.59;
192	192	THENCE North 00°36'47" West, a distance of 8.71 feet to a calculated
193	193	point;
194	194	THENCE North 04°10'12" West, a distance of 1055.32 feet to a
195	195	calculated point;
196	196	THENCE along a curve to the LEFT, having a radius of 3020.00 feet, a
197	197	delta angle of 18°12'14", and whose long chord bears North 11°24'01"
198	198	West, a distance of 955.48 feet to a calculated point;
199	199	THENCE North 18°30'13" West, a distance of 927.01 feet to a
200	200	calculated point;
201	201	THENCE along a curve to the LEFT, having a radius of 2765.61 feet, a
202	202	delta angle of 20°11'13", and whose long chord bears North 53°40'39"
203	203	East, a distance of 969.38 feet to a calculated point;
204	204	THENCE along a curve to the LEFT, having a radius of 2643.58 feet, a
205	205	delta angle of 38°02'19", and whose long chord bears South 89°31'30"
206	206	East, a distance of 1723.01 feet to a calculated point;
207	207	THENCE South 18°28'21" East, a distance of 226.85 feet to a
208	208	calculated point;
209	209	THENCE North 71°10'51" East, a distance of 937.01 feet to a
210	210	calculated point;
211	211	THENCE along a curve to the LEFT, having a radius of 2638.25 feet, a
212	212	delta angle of 18°20'33", and whose long chord bears South 50°24°21"
213	213	East, a distance of 840.99 feet to a calculated point;
214	214	THENCE South 17°29'19" East, a distance of 962.39 feet to a
215	215	calculated point;
216	216	THENCE South 71°48'30" West, a distance of 1060.89 feet to a
217	217	calculated point;
218	218	THENCE South 71°42'10" West, a distance of 1300.52 feet to a
219	219	calculated point;
220	220	THENCE South 18°17'50" East, a distance of 788.67 feet to a
221	221	calculated point;
222	222	THENCE South 72'30'01" West, a distance of 1934.65 feet to the POINT
223	223	OF BEGINNING, containing 208.41 acres (9,078,221 square feet) of
224	224	land in Montgomery County, Texas.
225	225	SECTION 3. (a) The legal notice of the intention to
226	226	introduce this Act, setting forth the general substance of this
227	227	Act, has been published as provided by law, and the notice and a
228	228	copy of this Act have been furnished to all persons, agencies,
229	229	officials, or entities to which they are required to be furnished
230	230	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
231	231	Government Code.
232	232	(b) The governor, one of the required recipients, has
233	233	submitted the notice and Act to the Texas Commission on
234	234	Environmental Quality.
235	235	(c) The Texas Commission on Environmental Quality has filed
236	236	its recommendations relating to this Act with the governor, the
237	237	lieutenant governor, and the speaker of the house of
238	238	representatives within the required time.
239	239	(d) All requirements of the constitution and laws of this
240	240	state and the rules and procedures of the legislature with respect
241	241	to the notice, introduction, and passage of this Act are fulfilled
242	242	and accomplished.
243	243	SECTION 4. (a) If this Act does not receive a two-thirds
244	244	vote of all the members elected to each house, Subchapter C, Chapter
245	245	8085, Special District Local Laws Code, as added by Section 1 of
246	246	this Act, is amended by adding Section 8085.0306 to read as follows:
247	247	Sec. 8085.0306. NO EMINENT DOMAIN POWER. The district may
248	248	not exercise the power of eminent domain.
249	249	(b) This section is not intended to be an expression of a
250	250	legislative interpretation of the requirements of Section 17(c),
251	251	Article I, Texas Constitution.
252	252	SECTION 5. This Act takes effect September 1, 2019.