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Texas House Bill HB4587

Texas 2021 - 87th Regular

Texas House Bill HB4587 Compare Versions

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11 87R10943 ANG-F
22 By: Bell of Montgomery H.B. No. 4587
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the creation of the Montgomery County Municipal Utility
88 District No. 200; granting a limited power of eminent domain;
99 providing authority to issue bonds; providing authority to impose
1010 assessments, fees, and taxes.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1313 Code, is amended by adding Chapter 7930A to read as follows:
1414 CHAPTER 7930A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
1515 NO. 200
1616 SUBCHAPTER A. GENERAL PROVISIONS
1717 Sec. 7930A.0101. DEFINITIONS. In this chapter:
1818 (1) "Board" means the district's board of directors.
1919 (2) "Commission" means the Texas Commission on
2020 Environmental Quality.
2121 (3) "Director" means a board member.
2222 (4) "District" means the Montgomery County Municipal
2323 Utility District No. 200.
2424 Sec. 7930A.0102. NATURE OF DISTRICT. The district is a
2525 municipal utility district created under Section 59, Article XVI,
2626 Texas Constitution.
2727 Sec. 7930A.0103. CONFIRMATION AND DIRECTOR ELECTION
2828 REQUIRED. The temporary directors shall hold an election to
2929 confirm the creation of the district and to elect five permanent
3030 directors as provided by Section 49.102, Water Code.
3131 Sec. 7930A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
3232 temporary directors may not hold an election under Section
3333 7930A.0103 until each municipality in whose corporate limits or
3434 extraterritorial jurisdiction the district is located has
3535 consented by ordinance or resolution to the creation of the
3636 district and to the inclusion of land in the district.
3737 Sec. 7930A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3838 (a) The district is created to serve a public purpose and benefit.
3939 (b) The district is created to accomplish the purposes of:
4040 (1) a municipal utility district as provided by
4141 general law and Section 59, Article XVI, Texas Constitution; and
4242 (2) Section 52, Article III, Texas Constitution, that
4343 relate to the construction, acquisition, improvement, operation,
4444 or maintenance of macadamized, graveled, or paved roads, or
4545 improvements, including storm drainage, in aid of those roads.
4646 Sec. 7930A.0106. INITIAL DISTRICT TERRITORY. (a) The
4747 district is initially composed of the territory described by
4848 Section 2 of the Act enacting this chapter.
4949 (b) The boundaries and field notes contained in Section 2 of
5050 the Act enacting this chapter form a closure. A mistake made in the
5151 field notes or in copying the field notes in the legislative process
5252 does not affect the district's:
5353 (1) organization, existence, or validity;
5454 (2) right to issue any type of bond for the purposes
5555 for which the district is created or to pay the principal of and
5656 interest on a bond;
5757 (3) right to impose a tax; or
5858 (4) legality or operation.
5959 SUBCHAPTER B. BOARD OF DIRECTORS
6060 Sec. 7930A.0201. GOVERNING BODY; TERMS. (a) The district
6161 is governed by a board of five elected directors.
6262 (b) Except as provided by Section 7930A.0202, directors
6363 serve staggered four-year terms.
6464 Sec. 7930A.0202. TEMPORARY DIRECTORS. (a) The temporary
6565 board consists of:
6666 (1) Austin Keith;
6767 (2) Bradley McFarland;
6868 (3) Justin Gage;
6969 (4) Mitchell Buckley; and
7070 (5) Maria Norris.
7171 (b) Temporary directors serve until the earlier of:
7272 (1) the date permanent directors are elected under
7373 Section 7930A.0103; or
7474 (2) the fourth anniversary of the effective date of
7575 the Act enacting this chapter.
7676 (c) If permanent directors have not been elected under
7777 Section 7930A.0103 and the terms of the temporary directors have
7878 expired, successor temporary directors shall be appointed or
7979 reappointed as provided by Subsection (d) to serve terms that
8080 expire on the earlier of:
8181 (1) the date permanent directors are elected under
8282 Section 7930A.0103; or
8383 (2) the fourth anniversary of the date of the
8484 appointment or reappointment.
8585 (d) If Subsection (c) applies, the owner or owners of a
8686 majority of the assessed value of the real property in the district
8787 may submit a petition to the commission requesting that the
8888 commission appoint as successor temporary directors the five
8989 persons named in the petition. The commission shall appoint as
9090 successor temporary directors the five persons named in the
9191 petition.
9292 SUBCHAPTER C. POWERS AND DUTIES
9393 Sec. 7930A.0301. GENERAL POWERS AND DUTIES. The district
9494 has the powers and duties necessary to accomplish the purposes for
9595 which the district is created.
9696 Sec. 7930A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
9797 DUTIES. The district has the powers and duties provided by the
9898 general law of this state, including Chapters 49 and 54, Water Code,
9999 applicable to municipal utility districts created under Section 59,
100100 Article XVI, Texas Constitution.
101101 Sec. 7930A.0303. AUTHORITY FOR ROAD PROJECTS. Under
102102 Section 52, Article III, Texas Constitution, the district may
103103 design, acquire, construct, finance, issue bonds for, improve,
104104 operate, maintain, and convey to this state, a county, or a
105105 municipality for operation and maintenance macadamized, graveled,
106106 or paved roads, or improvements, including storm drainage, in aid
107107 of those roads.
108108 Sec. 7930A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
109109 road project must meet all applicable construction standards,
110110 zoning and subdivision requirements, and regulations of each
111111 municipality in whose corporate limits or extraterritorial
112112 jurisdiction the road project is located.
113113 (b) If a road project is not located in the corporate limits
114114 or extraterritorial jurisdiction of a municipality, the road
115115 project must meet all applicable construction standards,
116116 subdivision requirements, and regulations of each county in which
117117 the road project is located.
118118 (c) If the state will maintain and operate the road, the
119119 Texas Transportation Commission must approve the plans and
120120 specifications of the road project.
121121 Sec. 7930A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
122122 ORDINANCE OR RESOLUTION. The district shall comply with all
123123 applicable requirements of any ordinance or resolution that is
124124 adopted under Section 54.016 or 54.0165, Water Code, and that
125125 consents to the creation of the district or to the inclusion of land
126126 in the district.
127127 Sec. 7930A.0306. DIVISION OF DISTRICT. (a) The district
128128 may be divided into two or more new districts only if the district:
129129 (1) has no outstanding bond debt; and
130130 (2) is not imposing ad valorem taxes.
131131 (b) This chapter applies to any new district created by
132132 division of the district, and a new district has all the powers and
133133 duties of the district.
134134 (c) A new district created by the division of the district
135135 may not, at the time the new district is created, contain any land
136136 outside the area described by Section 2 of the Act enacting this
137137 chapter.
138138 (d) The board, on its own motion or on receipt of a petition
139139 signed by the owner or owners of a majority of the assessed value of
140140 the real property in the district, may adopt an order dividing the
141141 district.
142142 (e) The board may adopt an order dividing the district
143143 before or after the date the board holds an election under Section
144144 7930A.0103 to confirm the district's creation.
145145 (f) An order dividing the district shall:
146146 (1) name each new district;
147147 (2) include the metes and bounds description of the
148148 territory of each new district;
149149 (3) appoint temporary directors for each new district;
150150 and
151151 (4) provide for the division of assets and liabilities
152152 between the new districts.
153153 (g) On or before the 30th day after the date of adoption of
154154 an order dividing the district, the district shall file the order
155155 with the commission and record the order in the real property
156156 records of each county in which the district is located.
157157 (h) A new district created by the division of the district
158158 shall hold a confirmation and directors' election as required by
159159 Section 7930A.0103.
160160 (i) If the creation of the new district is confirmed, the
161161 new district shall provide the election date and results to the
162162 commission.
163163 (j) A new district created by the division of the district
164164 must hold an election as required by this chapter to obtain voter
165165 approval before the district may impose a maintenance tax or issue
166166 bonds payable wholly or partly from ad valorem taxes.
167167 (k) Municipal consent to the creation of the district and to
168168 the inclusion of land in the district granted under Section
169169 7930A.0104 acts as municipal consent to the creation of any new
170170 district created by the division of the district and to the
171171 inclusion of land in the new district.
172172 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
173173 Sec. 7930A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
174174 The district may issue, without an election, bonds and other
175175 obligations secured by:
176176 (1) revenue other than ad valorem taxes; or
177177 (2) contract payments described by Section
178178 7930A.0403.
179179 (b) The district must hold an election in the manner
180180 provided by Chapters 49 and 54, Water Code, to obtain voter approval
181181 before the district may impose an ad valorem tax or issue bonds
182182 payable from ad valorem taxes.
183183 (c) The district may not issue bonds payable from ad valorem
184184 taxes to finance a road project unless the issuance is approved by a
185185 vote of a two-thirds majority of the district voters voting at an
186186 election held for that purpose.
187187 Sec. 7930A.0402. OPERATION AND MAINTENANCE TAX. (a) If
188188 authorized at an election held under Section 7930A.0401, the
189189 district may impose an operation and maintenance tax on taxable
190190 property in the district in accordance with Section 49.107, Water
191191 Code.
192192 (b) The board shall determine the tax rate. The rate may not
193193 exceed the rate approved at the election.
194194 Sec. 7930A.0403. CONTRACT TAXES. (a) In accordance with
195195 Section 49.108, Water Code, the district may impose a tax other than
196196 an operation and maintenance tax and use the revenue derived from
197197 the tax to make payments under a contract after the provisions of
198198 the contract have been approved by a majority of the district voters
199199 voting at an election held for that purpose.
200200 (b) A contract approved by the district voters may contain a
201201 provision stating that the contract may be modified or amended by
202202 the board without further voter approval.
203203 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
204204 Sec. 7930A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
205205 OBLIGATIONS. The district may issue bonds or other obligations
206206 payable wholly or partly from ad valorem taxes, impact fees,
207207 revenue, contract payments, grants, or other district money, or any
208208 combination of those sources, to pay for any authorized district
209209 purpose.
210210 Sec. 7930A.0502. TAXES FOR BONDS. At the time the district
211211 issues bonds payable wholly or partly from ad valorem taxes, the
212212 board shall provide for the annual imposition of a continuing
213213 direct ad valorem tax, without limit as to rate or amount, while all
214214 or part of the bonds are outstanding as required and in the manner
215215 provided by Sections 54.601 and 54.602, Water Code.
216216 Sec. 7930A.0503. BONDS FOR ROAD PROJECTS. At the time of
217217 issuance, the total principal amount of bonds or other obligations
218218 issued or incurred to finance road projects and payable from ad
219219 valorem taxes may not exceed one-fourth of the assessed value of the
220220 real property in the district.
221221 SECTION 2. The Montgomery County Municipal Utility District
222222 No. 200 initially includes all the territory contained in the
223223 following area:
224224 Being 451.3 acres of land located in the Jacob Eyler Survey,
225225 Abstract Number 192 and the John Pevehouse Survey, Abstract Number
226226 424, Montgomery County, Texas, out of the 873.46 acre tract
227227 described in the deed to Magnolia JV LLC by an instrument of record
228228 in Document Number 2020094531 of the Official Public Records of
229229 said Montgomery County, Texas (M.C.O.P.R.), said 451.3 acre tract
230230 being more particularly described by metes and bounds as follows
231231 (all bearings referenced to said Document Number 2020094531,
232232 M.C.O.P.R.);
233233 Beginning at the southwest corner of that certain called
234234 11.750 acre tract described as "Tract 6" in the deed to High Meadow
235235 44 Joint Venture by an instrument of record in Document Number
236236 2021000858, M.C.O.P.R., in the west line of said 873.46 acre tract
237237 and the west line of said Jacob Eyler Survey, common to the east
238238 line of Lot 28, Block 3 of Shady Oak Estates, a subdivision of
239239 record in Cabinet R, Sheet 191 of the Map Records of said Montgomery
240240 County, Texas (M.C.M.R.) and the east line of the George Stansbury
241241 Survey, Abstract Number 516, Montgomery County, Texas;
242242 Thence, North 87° 07' 19" East, departing the west line of
243243 said 873.46 acre tract and the west line of said Jacob Eyler Survey,
244244 common to the east line of said Shady Oak Estates and the east line
245245 of said George Stansbury Survey, along the south line of said 11.750
246246 acre tract, 629.64 feet to the common south corner of said 11.750
247247 acre tract and that certain called 11.370 acre tract described as
248248 "Tract 5" in the deed to High Meadow 44 Joint Venture by an
249249 instrument of record in Document Number 2021000858, M.C.O.P.R.;
250250 Thence, North 87° 09' 19" East, along a south line of said
251251 11.370 acre tract, 638.01 feet to a point for corner;
252252 Thence, North 48° 41' 30" East, continuing along a south line
253253 of said 11.370 acre tract, 365.93 feet to the common south corner of
254254 said 11.370 acre tract and that certain called 10.000 acre tract
255255 described as "Tract 3" in the deed to High Meadow 44 Joint Venture
256256 by an instrument of record in Document Number 2021000858,
257257 M.C.O.P.R.;
258258 Thence, North 53° 53' 54" East, along a south line of said
259259 10.000 acre tract, 918.73 feet to a point for corner;
260260 Thence, North 87° 31' 51" East, continuing along a south line
261261 of said 10.000 acre tract, 221.08 feet to the common south corner of
262262 said 10.000 acre tract and that certain called 16.000 acre tract
263263 described as "Tract 2" in the deed to Frey, Inc. by an instrument of
264264 record in Document Number 2021000585, M.C.O.P.R.;
265265 Thence, South 38° 13' 10" East, along a south line of said
266266 16.000 acre tract, 352.41 feet to a point for corner;
267267 Thence, North 87° 31' 51" East, continuing along a south line
268268 of said 16.000 acre tract, 469.69 feet to a point for corner;
269269 Thence, North 33° 42' 49" East, continuing along a south line
270270 of said 16.000 acre tract, 240.31 feet to a point for corner;
271271 Thence, North 87° 51' 34" East, continuing along a south line
272272 of said 16.000 acre tract and the south line of that certain called
273273 15.000 acre tract described as "Tract 1" in the deed to Frey, Inc.
274274 by an instrument of record in Document Number 2021000585,
275275 M.C.O.P.R., 1,148.54 feet to a point for corner;
276276 Thence, South 33° 46' 08" East, continuing along a south line
277277 of said 15.000 acre tract, 476.71 feet to a point for corner;
278278 Thence, North 86° 50' 28" East, continuing along a south line
279279 of said 15.000 acre tract, 382.67 feet to a point for corner in an
280280 east line of the aforementioned 873.46 acre tract and the
281281 aforementioned Jacob Eyler Survey, common to the west line of that
282282 certain called 2.298 acre tract described in the deed to Jay R. Hill
283283 by an instrument of record in File Number 2003-086908 of the
284284 Official Public Records of Real Property of said Montgomery County,
285285 Texas (M.C.O.P.R.R.P.) and the aforementioned John Pevehouse
286286 Survey;
287287 Thence, South 03° 09' 32" East, along an east line of said
288288 873.46 acre tract and an east line of said Jacob Eyler Survey,
289289 common to the west line of said 2.298 acre tract, the west line of
290290 that certain called 26.386 acre tract described in the deed to
291291 Badger Energy, Inc. by an instrument of record in File Number
292292 9621262, M.C.O.P.R.R.P., the west line of that certain called
293293 17.804 acre tract described in the deed to Juan Rueda and wife,
294294 Catherine Rueda by an instrument of record in Document Number
295295 2020013498, M.C.O.P.R., the west line of that certain called 20.08
296296 acre tract described in the deed to 4148 Riley, LLC by an instrument
297297 of record in File Number 2007-084116, M.C.O.P.R.R.P., and the west
298298 line of said John Pevehouse Survey, 1,796.69 feet to the southwest
299299 corner of said 20.08 acre tract, common to an easterly corner of
300300 said 873.46 acre tract;
301301 Thence, North 86° 52' 38" East, departing said common survey
302302 line, along an east line of said 873.46 acre tract, common to the
303303 south line of said 20.08 acre tract, 1,696.86 feet to an east corner
304304 of said 873.46 acre tract, common to the southeast corner of said
305305 20.08 acre tract, in the west right-of-way line of Farm to Market
306306 (F.M.) 149 (width varies);
307307 Thence, South 18° 46' 31" East, along an east line of said
308308 873.46 acre tract, common to said west right-of-way line, 462.31
309309 feet to an east corner of said 873.46 acre tract common to the
310310 northeast corner of that certain called 14.000 acre tract described
311311 in the deed to Pinehurst 149 Resources, LLC by an instrument of
312312 record in File Number 2008-016519, M.C.O.P.R.R.P.;
313313 Thence, South 86° 55' 15" West, departing said west
314314 right-of-way line, along an east line of said 873.46 acre tract,
315315 common to the north line of said 14.000 acre tract, 1,821.31 feet to
316316 an east corner of said 873.46 acre tract, common to the northwest
317317 corner of said 14.000 acre tract, in an east line of the
318318 aforementioned Jacob Eyler Survey, common to the west line of the
319319 aforementioned John Pevehouse Survey;
320320 Thence, South 03° 09' 32" East, along an east line of said
321321 873.46 acre tract and an east line of said Jacob Eyler Survey,
322322 common to the west line of said 14.000 acre tract, the west line of
323323 that certain called 14.551 acre tract described in the deed to
324324 Lutheran Foundation of Texas by an instrument of record in Document
325325 Number 2014099068, M.C.O.P.R., the west line of that certain called
326326 12.000 acre tract described in the deed to Azmi H. Attia and spouse
327327 Reem Y. Alfar by an instrument of record in Document Number
328328 2012015331, M.C.O.P.R., and the west line of the John Pevehouse
329329 Survey, 1,248.67 feet to an east corner of said 873.46 acre tract,
330330 common to the southwest corner of said 12.000 acre tract and a north
331331 corner of that certain called 346.305 acre tract described in the
332332 deed to LGI Homes Texas, LLC by an instrument of record in Document
333333 Number 2021016135, M.C.O.P.R.;
334334 Thence, along the north lines of said 346.305 acre tract the
335335 following six (6) courses:
336336 1. South 69° 08' 48" West, 963.40 feet to a point for
337337 corner, the beginning of a non-tangent curve;
338338 2. 1,535.32 feet along the arc of a non-tangent curve
339339 to the left, having a radius of 3750.00 feet, a central angle of 23°
340340 27' 29", and a chord which bears North 46° 44' 26" West, 1524.62 feet
341341 to a point for corner;
342342 3. North 58° 28' 10" West, 894.06 feet to a point for
343343 corner, the beginning of a non-tangent curve;
344344 4. 745.41 feet along the arc of a non-tangent curve to
345345 the left, having a radius of 3,000.00 feet, a central angle of 14°
346346 14' 10", and a chord which bears South 24° 24' 45" West, 743.49 feet
347347 to a point for corner;
348348 5. South 17° 17' 40" West, 519.94 feet to a point for
349349 corner, the beginning of a tangent curve;
350350 6. 2,483.29 feet along the arc of a tangent curve to
351351 the right, having a radius of 2,000.00 feet, a central angle of 71°
352352 08' 28", and a chord which bears South 52° 51' 53" West, 2,326.82
353353 feet to the northwest corner of said 346.593 acre tract in the west
354354 line of the aforementioned 873.46 acre tract, the west line of the
355355 aforementioned Jacob Eyler Survey, common to the east line of that
356356 certain called 1,444.85 acre tract described as "Tract Two" in the
357357 deed to Bam Houston Real Estate Investment, L.P. by an instrument of
358358 record in Document Number 2017108674, M.C.O.P.R. and the east line
359359 of the William Stansbury Survey, Abstract 508, Montgomery County,
360360 Texas;
361361 Thence, North 02° 44' 25" West, along a west line of said
362362 873.46 acre tract and a west line of said Jacob Eyler Survey, common
363363 to the east line of said 1,444.85 acre tract and said William
364364 Stansbury Survey, Abstract Number 508, 120.11 feet to a west corner
365365 of said 873.46 acre tract, common to the northeast corner of said
366366 1,444.85 acre tract, the northeast corner of said William Stansbury
367367 Survey, Abstract Number 508, the southeast corner of Convenient
368368 Country Estates Phase Two, a subdivision of record in Cabinet H,
369369 Sheet 79B of the Map Records of said Montgomery County, Texas, and
370370 the southeast corner of the William Stansbury Survey, Abstract
371371 Number 531, Montgomery County, Texas;
372372 Thence, North 02° 52' 16" West, along a west line of said
373373 873.46 acre tract and a west line of said Jacob Eyler Survey, common
374374 to the east line of said Convenient Country Estates Phase Two, the
375375 east line of said William Stansbury Survey, Abstract Number 531,
376376 and the east line of the Thomas Stansbury Survey, Abstract Number
377377 507, Montgomery County, Texas, 1,723.48 feet to a west corner of
378378 said 873.46 acre tract, common to the northeast corner of said
379379 Convenient Country Estates Phase Two and the southeast corner of
380380 Irongate Subdivision (unrecorded);
381381 Thence, North 02° 53' 24" West, along a west line of said
382382 873.46 acre tract and a west line of said Jacob Eyler Survey, common
383383 to the east line of said Irongate Subdivision, the east line of said
384384 Thomas Stansbury Survey, and the east line of the Warren Stansbury
385385 Survey, Abstract Number 517, Montgomery County, Texas, 1,727.79
386386 feet to a west corner of said 873.46 acre tract, common to the
387387 northeast corner of said Irongate Subdivision and the southeast
388388 corner of the aforementioned Shady Oak Estates;
389389 Thence, North 02° 52' 41" West, along a west line of said
390390 873.46 acre tract and a west line of said Jacob Eyler Survey, common
391391 to the east line of said Shady Oak Estates, the east line of said
392392 Warren Stansbury Survey and the aforementioned George Stansbury
393393 Survey, 860.12 feet to the POINT OF BEGINNING and containing 451.3
394394 acres of land.
395395 SECTION 3. (a) The legal notice of the intention to
396396 introduce this Act, setting forth the general substance of this
397397 Act, has been published as provided by law, and the notice and a
398398 copy of this Act have been furnished to all persons, agencies,
399399 officials, or entities to which they are required to be furnished
400400 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
401401 Government Code.
402402 (b) The governor, one of the required recipients, has
403403 submitted the notice and Act to the Texas Commission on
404404 Environmental Quality.
405405 (c) The Texas Commission on Environmental Quality has filed
406406 its recommendations relating to this Act with the governor, the
407407 lieutenant governor, and the speaker of the house of
408408 representatives within the required time.
409409 (d) All requirements of the constitution and laws of this
410410 state and the rules and procedures of the legislature with respect
411411 to the notice, introduction, and passage of this Act are fulfilled
412412 and accomplished.
413413 SECTION 4. (a) If this Act does not receive a two-thirds
414414 vote of all the members elected to each house, Subchapter C, Chapter
415415 7930A, Special District Local Laws Code, as added by Section 1 of
416416 this Act, is amended by adding Section 7930A.0307 to read as
417417 follows:
418418 Sec. 7930A.0307. NO EMINENT DOMAIN POWER. The district may
419419 not exercise the power of eminent domain.
420420 (b) This section is not intended to be an expression of a
421421 legislative interpretation of the requirements of Section 17(c),
422422 Article I, Texas Constitution.
423423 SECTION 5. This Act takes effect immediately if it receives
424424 a vote of two-thirds of all the members elected to each house, as
425425 provided by Section 39, Article III, Texas Constitution. If this
426426 Act does not receive the vote necessary for immediate effect, this
427427 Act takes effect September 1, 2021.