Texas 2021 - 87th Regular

Texas House Bill HB2836 Compare Versions

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

Old	New	Differences
1	1	87R9964 MP-F
2	2	By: Bell of Montgomery H.B. No. 2836
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. 199; granting a limited power of eminent domain;
9	9	providing authority to issue bonds; providing authority to impose
10	10	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 8499 to read as follows:
14	14	CHAPTER 8499. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 199
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 8499.0101. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Montgomery County Municipal
22	22	Utility District No. 199.
23	23	Sec. 8499.0102. NATURE OF DISTRICT. The district is a
24	24	municipal utility district created under Section 59, Article XVI,
25	25	Texas Constitution.
26	26	Sec. 8499.0103. CONFIRMATION AND DIRECTORS' ELECTION
27	27	REQUIRED. The temporary directors shall hold an election to
28	28	confirm the creation of the district and to elect five permanent
29	29	directors as provided by Section 49.102, Water Code.
30	30	Sec. 8499.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	8499.0103 until each municipality in whose corporate limits or
33	33	extraterritorial jurisdiction the district is located has
34	34	consented by ordinance or resolution to the creation of the
35	35	district and to the inclusion of land in the district.
36	36	Sec. 8499.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
37	37	(a) The district is created to serve a public purpose and benefit.
38	38	(b) The district is created to accomplish the purposes of:
39	39	(1) a municipal utility district as provided by
40	40	general law and Section 59, Article XVI, Texas Constitution; and
41	41	(2) Section 52, Article III, Texas Constitution, that
42	42	relate to the construction, acquisition, improvement, operation,
43	43	or maintenance of macadamized, graveled, or paved roads, or
44	44	improvements, including storm drainage, in aid of those roads.
45	45	Sec. 8499.0106. INITIAL DISTRICT TERRITORY. (a) The
46	46	district is initially composed of the territory described by
47	47	Section 2 of the Act enacting this chapter.
48	48	(b) The boundaries and field notes contained in Section 2 of
49	49	the Act enacting this chapter form a closure. A mistake made in the
50	50	field notes or in copying the field notes in the legislative process
51	51	does not affect the district's:
52	52	(1) organization, existence, or validity;
53	53	(2) right to issue any type of bond for the purposes
54	54	for which the district is created or to pay the principal of and
55	55	interest on a bond;
56	56	(3) right to impose a tax; or
57	57	(4) legality or operation.
58	58	SUBCHAPTER B. BOARD OF DIRECTORS
59	59	Sec. 8499.0201. GOVERNING BODY; TERMS. (a) The district is
60	60	governed by a board of five elected directors.
61	61	(b) Except as provided by Section 8499.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 8499.0202. TEMPORARY DIRECTORS. (a) The temporary
64	64	board consists of:
65	65	(1) Joshua Kelly Hancock;
66	66	(2) Santina Daily;
67	67	(3) Linda Perez;
68	68	(4) Sue Robinson; and
69	69	(5) Quency D. Perkins.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8499.0103; or
73	73	(2) September 1, 2025.
74	74	(c) If permanent directors have not been elected under
75	75	Section 8499.0103 and the terms of the temporary directors have
76	76	expired, successor temporary directors shall be appointed or
77	77	reappointed as provided by Subsection (d) to serve terms that
78	78	expire on the earlier of:
79	79	(1) the date permanent directors are elected under
80	80	Section 8499.0103; or
81	81	(2) the fourth anniversary of the date of the
82	82	appointment or reappointment.
83	83	(d) If Subsection (c) applies, the owner or owners of a
84	84	majority of the assessed value of the real property in the district
85	85	may submit a petition to the commission requesting that the
86	86	commission appoint as successor temporary directors the five
87	87	persons named in the petition. The commission shall appoint as
88	88	successor temporary directors the five persons named in the
89	89	petition.
90	90	SUBCHAPTER C. POWERS AND DUTIES
91	91	Sec. 8499.0301. GENERAL POWERS AND DUTIES. The district
92	92	has the powers and duties necessary to accomplish the purposes for
93	93	which the district is created.
94	94	Sec. 8499.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
95	95	DUTIES. The district has the powers and duties provided by the
96	96	general law of this state, including Chapters 49 and 54, Water Code,
97	97	applicable to municipal utility districts created under Section 59,
98	98	Article XVI, Texas Constitution.
99	99	Sec. 8499.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
100	100	52, Article III, Texas Constitution, the district may design,
101	101	acquire, construct, finance, issue bonds for, improve, operate,
102	102	maintain, and convey to this state, a county, or a municipality for
103	103	operation and maintenance macadamized, graveled, or paved roads, or
104	104	improvements, including storm drainage, in aid of those roads.
105	105	Sec. 8499.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
106	106	road project must meet all applicable construction standards,
107	107	zoning and subdivision requirements, and regulations of each
108	108	municipality in whose corporate limits or extraterritorial
109	109	jurisdiction the road project is located.
110	110	(b) If a road project is not located in the corporate limits
111	111	or extraterritorial jurisdiction of a municipality, the road
112	112	project must meet all applicable construction standards,
113	113	subdivision requirements, and regulations of each county in which
114	114	the road project is located.
115	115	(c) If the state will maintain and operate the road, the
116	116	Texas Transportation Commission must approve the plans and
117	117	specifications of the road project.
118	118	Sec. 8499.0305. COMPLIANCE WITH MUNICIPAL CONSENT
119	119	ORDINANCE OR RESOLUTION. The district shall comply with all
120	120	applicable requirements of any ordinance or resolution that is
121	121	adopted under Section 54.016 or 54.0165, Water Code, and that
122	122	consents to the creation of the district or to the inclusion of land
123	123	in the district.
124	124	Sec. 8499.0306. DIVISION OF DISTRICT. (a) The district may
125	125	be divided into two or more new districts only if the district:
126	126	(1) has no outstanding bonded debt; and
127	127	(2) is not imposing ad valorem taxes.
128	128	(b) This chapter applies to any new district created by the
129	129	division of the district, and a new district has all the powers and
130	130	duties of the district.
131	131	(c) A new district created by the division of the district
132	132	may not, at the time the new district is created, contain any land
133	133	outside the area described by Section 2 of the Act enacting this
134	134	chapter.
135	135	(d) The board, on its own motion or on receipt of a petition
136	136	signed by the owner or owners of a majority of the assessed value of
137	137	the real property in the district, may adopt an order dividing the
138	138	district.
139	139	(e) The board may adopt an order dividing the district
140	140	before or after the date the board holds an election under Section
141	141	8499.0103 to confirm the district's creation.
142	142	(f) An order dividing the district shall:
143	143	(1) name each new district;
144	144	(2) include the metes and bounds description of the
145	145	territory of each new district;
146	146	(3) appoint temporary directors for each new district;
147	147	and
148	148	(4) provide for the division of assets and liabilities
149	149	between the new districts.
150	150	(g) On or before the 30th day after the date of adoption of
151	151	an order dividing the district, the district shall file the order
152	152	with the commission and record the order in the real property
153	153	records of each county in which the district is located.
154	154	(h) Any new district created by the division of the district
155	155	shall hold a confirmation and directors' election as required by
156	156	Section 8499.0103. If the voters of a new district do not confirm
157	157	the creation of the new district, the assets, obligations,
158	158	territory, and governance of the new district revert to the
159	159	original district.
160	160	(i) If the creation of the new district is confirmed, the
161	161	new district shall provide the election date and results to the
162	162	commission.
163	163	(j) Any new district created by the division of the district
164	164	must hold an election as required by this chapter to obtain voter
165	165	approval before the district may impose a maintenance tax or issue
166	166	bonds payable wholly or partly from ad valorem taxes.
167	167	(k) Municipal consent to the creation of the district and to
168	168	the inclusion of land in the district granted under Section
169	169	8499.0104 acts as municipal consent to the creation of any new
170	170	district created by the division of the district and to the
171	171	inclusion of land in the new district.
172	172	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
173	173	Sec. 8499.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
174	174	The district may issue, without an election, bonds and other
175	175	obligations secured by:
176	176	(1) revenue other than ad valorem taxes; or
177	177	(2) contract payments described by Section 8499.0403.
178	178	(b) The district must hold an election in the manner
179	179	provided by Chapters 49 and 54, Water Code, to obtain voter approval
180	180	before the district may impose an ad valorem tax or issue bonds
181	181	payable from ad valorem taxes.
182	182	(c) The district may not issue bonds payable from ad valorem
183	183	taxes to finance a road project unless the issuance is approved by a
184	184	vote of a two-thirds majority of the district voters voting at an
185	185	election held for that purpose.
186	186	Sec. 8499.0402. OPERATION AND MAINTENANCE TAX. (a) If
187	187	authorized at an election held under Section 8499.0401, the
188	188	district may impose an operation and maintenance tax on taxable
189	189	property in the district in accordance with Section 49.107, Water
190	190	Code.
191	191	(b) The board shall determine the tax rate. The rate may not
192	192	exceed the rate approved at the election.
193	193	Sec. 8499.0403. CONTRACT TAXES. (a) In accordance with
194	194	Section 49.108, Water Code, the district may impose a tax other than
195	195	an operation and maintenance tax and use the revenue derived from
196	196	the tax to make payments under a contract after the provisions of
197	197	the contract have been approved by a majority of the district voters
198	198	voting at an election held for that purpose.
199	199	(b) A contract approved by the district voters may contain a
200	200	provision stating that the contract may be modified or amended by
201	201	the board without further voter approval.
202	202	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
203	203	Sec. 8499.0501. AUTHORITY TO ISSUE BONDS AND OTHER
204	204	OBLIGATIONS. The district may issue bonds or other obligations
205	205	payable wholly or partly from ad valorem taxes, impact fees,
206	206	revenue, contract payments, grants, or other district money, or any
207	207	combination of those sources, to pay for any authorized district
208	208	purpose.
209	209	Sec. 8499.0502. TAXES FOR BONDS. At the time the district
210	210	issues bonds payable wholly or partly from ad valorem taxes, the
211	211	board shall provide for the annual imposition of a continuing
212	212	direct ad valorem tax, without limit as to rate or amount, while all
213	213	or part of the bonds are outstanding as required and in the manner
214	214	provided by Sections 54.601 and 54.602, Water Code.
215	215	Sec. 8499.0503. BONDS FOR ROAD PROJECTS. At the time of
216	216	issuance, the total principal amount of bonds or other obligations
217	217	issued or incurred to finance road projects and payable from ad
218	218	valorem taxes may not exceed one-fourth of the assessed value of the
219	219	real property in the district.
220	220	SECTION 2. The Montgomery County Municipal Utility District
221	221	No. 199 initially includes all the territory contained in the
222	222	following area:
223	223	Being 310.3 acres of land in the Soloman Brown Survey,
224	224	Abstract 5, Montgomery County, Texas, said 310.3 acres being a
225	225	portion of a called 40.0202 acre tract described in the deed to
226	226	James R. Fogarty and Cheryl L. Fogarty by an instrument of record in
227	227	Document Number 2018005474 of the Official Public Records of
228	228	Montgomery County, Texas (M.C.O.P.R.), a portion of a called
229	229	103.1967 acre tract described in the deed to MA Goodson
230	230	Enterprises, Inc, by an instrument of record in File Number 9401044
231	231	of the Official Public Records of Real Property of Montgomery
232	232	County, Texas (M.C.O.P.R.R.P.), a portion of a called 62.5930 acre
233	233	tract described in the deed to MA Goodson Enterprises, Inc by an
234	234	instrument of record in File Number 9401047, M.C.O.P.R.R.P., a
235	235	portion of a called 20 acre tract described in the deed to James R.
236	236	Fogarty by an instrument of record in File Number 2005-085111,
237	237	M.C.O.P.R.R.P., all of the remainder of a called 29.881 acre tract
238	238	described in the deed to James R. Fogarty and Cheryl L. Fogarty by
239	239	an instrument of record in Document Number 9401042, M.C.O.P.R., all
240	240	of a called 40.074 acre tract described in the deed to James R.
241	241	Fogarty by an instrument of record in File Number 2007-035819,
242	242	M.C.O.P.R.R.P., all a called 16.706 acre tract described in the
243	243	deed to Seung Teak Yoo and Sood Hee Yoo by an instrument of record in
244	244	File Number 2007-081356, M.C.O.P.R.R.P., and all of the remainder
245	245	of a called 61.39 acre tract described in the deed to Christine
246	246	Lewis-Lyman by an instrument of record in File Number 2000-063284,
247	247	M.C.O.P.R.R.P., said 310.3 acre tract being more particularly
248	248	described by metes and bounds as follows (Bearings based on said
249	249	40.0202 acre tract);
250	250	BEGINNING at the northeast corner of said 29.881-acre tract;
251	251	Thence, along the east line of said 29.881-acre tract the following
252	252	two (2) courses:
253	253	1. South 01° 07' 23" East, 111.60 feet to a point for corner;
254	254	2. South 00° 02' 23" East, 1,418.50 feet to the northeast
255	255	corner of a called 2.003-acre tract described in the deed to James
256	256	R. Fogarty and Senie Paulette Fogarty by an instrument of record in
257	257	File Number 9721964, M.C.O.P.R.R.P.;
258	258	Thence, along the north and west line of said 2.003-acre tract the
259	259	following three (3) courses:
260	260	1. South 89° 53' 52" West, 310.90 feet to a point for corner;
261	261	2. South 33° 32' 08" East, 263.98 feet to a point for corner;
262	262	3. South 16° 14' 02" West, 185.49 feet to the southwest
263	263	corner of said 2.003 acre tract, same being on the north line of a
264	264	called 52.8273 acre tract described in the deed to John W. Caveness
265	265	and Connie M. Caveness by an instrument of record in File Number
266	266	2000-096833, M.C.O.P.R.R.P.;
267	267	Thence, along the north and west lines of said 52.8273-acre tract
268	268	the following two (2) courses:
269	269	1. North 88° 13' 49" West, 460.67 feet to a point for corner
270	270	on the east line of the aforementioned 103.1967-acre tract;
271	271	2. South 00° 07' 22" East, along the east line of said
272	272	103.1967-acre tract, 854.94 feet the northeast corner of the
273	273	aforementioned 40.0202-acre tract;
274	274	Thence, along the north, and east line of said 40.0202-acre tract
275	275	the following eight (8) courses:
276	276	1. North 89° 59' 04" East, 616.71 feet to a point for corner;
277	277	2. North 00° 11' 41" West, 203.03 feet to a point for corner;
278	278	3. North 89° 59' 04" East, 59.61 feet to a point for corner;
279	279	4. South 00° 02' 44" East, 100.03 feet to a point for corner;
280	280	5. North 88° 12' 49" West, 1.00 feet to a point for corner;
281	281	6. South 00° 11' 41" East, 500.34 feet to a point for corner;
282	282	7. South 00° 16' 14" East, 1,185.29 feet to a point for
283	283	corner;
284	284	8. South 00° 45' 09" West, 228.66 feet to a point for corner;
285	285	Thence, South 66° 54' 29" West, departing the east line of said
286	286	40.0202 acre tract and across said 40.0202 acre tract, the
287	287	aforementioned 103.1967 acre tract, the aforementioned 62.5930
288	288	acre tract, and the aforementioned 20 acre tract, 3,145.13 feet to a
289	289	point for corner on the west line of said 20 acre tract;
290	290	Thence, North 00° 10' 05" West, along the west line of said 20-acre
291	291	tract, 830.64 feet to the northwest corner of said 20 acre tract,
292	292	same being on the west line of the aforementioned 61.39 acre tract;
293	293	Thence, along the west line of said 61.39-acre tract the following
294	294	two (2) courses:
295	295	1. North 00° 10' 05" West, 1,764.87 feet to a point for
296	296	corner;
297	297	2. North 02° 02' 55" East, 942.94 feet to the northwest
298	298	corner of said 61.39-acre tract, same being the southwest corner of
299	299	the aforementioned 16.706-acre tract;
300	300	Thence, along the west and north lines of said 16.706-acre tract the
301	301	following eight (8) courses:
302	302	1. North 00° 44' 18" East, 643.03 feet to a point for corner;
303	303	2. South 89° 51' 13" East, 99.90 feet to a point for corner;
304	304	3. North 00° 44' 18" East, 146.55 feet to a point for corner;
305	305	4. South 88° 53' 29" West, 350.80 feet to a point for corner;
306	306	5. North 00° 37' 44" East, 60.02 feet to a point for corner;
307	307	6. North 88° 53' 29" East, 250.97 feet to a point for corner;
308	308	7. North 00° 44' 18" East, 285.92 feet to a point for corner;
309	309	8. South 88° 57' 25" East, 641.64 feet to the northeast
310	310	corner of said 16.706-acre tract, same being on the west line of the
311	311	aforementioned 40.074-acre tract;
312	312	Thence, along the west and north lines of said 40.074-acre tract the
313	313	following three (3) courses:
314	314	1. North 00° 44' 18" East, 1,133.33 feet to a point for
315	315	corner;
316	316	2. North 89° 51' 31" East, 38.98 feet to a point for corner;
317	317	3. North 89° 56' 48" East, 722.00 feet to the northeast
318	318	corner of said 40.074-acre tract, same being the northwest corner
319	319	of the aforementioned 103.1967-acre tract;
320	320	Thence, along the north line of said 103.1967-acre tract, the
321	321	following two (2) courses:
322	322	1. North 89° 16' 55" East, 215.01 feet to a point for corner;
323	323	2. North 89° 27' 57" East, 535.44 feet to the northeast
324	324	corner of said 103.1967-acre tract, same being the northwest corner
325	325	of the aforementioned 29.881-acre tract;
326	326	Thence, along the north line of said 29.881-acre tract the
327	327	following two (2) courses:
328	328	1. North 89° 27' 57" East, 200.34 feet to a point for corner;
329	329	2. North 88° 40' 09" East, 478.07 feet to the POINT OF
330	330	BEGINNING and containing 310.3 acres of land.
331	331	SECTION 3. (a) The legal notice of the intention to
332	332	introduce this Act, setting forth the general substance of this
333	333	Act, has been published as provided by law, and the notice and a
334	334	copy of this Act have been furnished to all persons, agencies,
335	335	officials, or entities to which they are required to be furnished
336	336	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
337	337	Government Code.
338	338	(b) The governor, one of the required recipients, has
339	339	submitted the notice and Act to the Texas Commission on
340	340	Environmental Quality.
341	341	(c) The Texas Commission on Environmental Quality has filed
342	342	its recommendations relating to this Act with the governor, the
343	343	lieutenant governor, and the speaker of the house of
344	344	representatives within the required time.
345	345	(d) All requirements of the constitution and laws of this
346	346	state and the rules and procedures of the legislature with respect
347	347	to the notice, introduction, and passage of this Act are fulfilled
348	348	and accomplished.
349	349	SECTION 4. (a) If this Act does not receive a two-thirds
350	350	vote of all the members elected to each house, Subchapter C, Chapter
351	351	8499, Special District Local Laws Code, as added by Section 1 of
352	352	this Act, is amended by adding Section 8499.0307 to read as follows:
353	353	Sec. 8499.0307. NO EMINENT DOMAIN POWER. The district may
354	354	not exercise the power of eminent domain.
355	355	(b) This section is not intended to be an expression of a
356	356	legislative interpretation of the requirements of Section 17(c),
357	357	Article I, Texas Constitution.
358	358	SECTION 5. This Act takes effect September 1, 2021.