Texas 2021 - 87th Regular

Texas House Bill HB4600 Compare Versions

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

Old	New	Differences
1	1	87R11167 ANG-F
2	2	By: Metcalf H.B. No. 4600
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. 207; 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 7931A to read as follows:
14	14	CHAPTER 7931A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
15	15	NO. 207
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 7931A.0101. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "Commission" means the Texas Commission on
20	20	Environmental Quality.
21	21	(3) "Director" means a board member.
22	22	(4) "District" means the Montgomery County Municipal
23	23	Utility District No. 207.
24	24	Sec. 7931A.0102. NATURE OF DISTRICT. The district is a
25	25	municipal utility district created under Section 59, Article XVI,
26	26	Texas Constitution.
27	27	Sec. 7931A.0103. CONFIRMATION AND DIRECTOR ELECTION
28	28	REQUIRED. The temporary directors shall hold an election to
29	29	confirm the creation of the district and to elect five permanent
30	30	directors as provided by Section 49.102, Water Code.
31	31	Sec. 7931A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
32	32	temporary directors may not hold an election under Section
33	33	7931A.0103 until each municipality in whose corporate limits or
34	34	extraterritorial jurisdiction the district is located has
35	35	consented by ordinance or resolution to the creation of the
36	36	district and to the inclusion of land in the district.
37	37	Sec. 7931A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
38	38	(a) The district is created to serve a public purpose and benefit.
39	39	(b) The district is created to accomplish the purposes of:
40	40	(1) a municipal utility district as provided by
41	41	general law and Section 59, Article XVI, Texas Constitution; and
42	42	(2) Section 52, Article III, Texas Constitution, that
43	43	relate to the construction, acquisition, improvement, operation,
44	44	or maintenance of macadamized, graveled, or paved roads, or
45	45	improvements, including storm drainage, in aid of those roads.
46	46	Sec. 7931A.0106. INITIAL DISTRICT TERRITORY. (a) The
47	47	district is initially composed of the territory described by
48	48	Section 2 of the Act enacting this chapter.
49	49	(b) The boundaries and field notes contained in Section 2 of
50	50	the Act enacting this chapter form a closure. A mistake made in the
51	51	field notes or in copying the field notes in the legislative process
52	52	does not affect the district's:
53	53	(1) organization, existence, or validity;
54	54	(2) right to issue any type of bond for the purposes
55	55	for which the district is created or to pay the principal of and
56	56	interest on a bond;
57	57	(3) right to impose a tax; or
58	58	(4) legality or operation.
59	59	SUBCHAPTER B. BOARD OF DIRECTORS
60	60	Sec. 7931A.0201. GOVERNING BODY; TERMS. (a) The district
61	61	is governed by a board of five elected directors.
62	62	(b) Except as provided by Section 7931A.0202, directors
63	63	serve staggered four-year terms.
64	64	Sec. 7931A.0202. TEMPORARY DIRECTORS. (a) On or after the
65	65	effective date of the Act enacting this chapter, the owner or owners
66	66	of a majority of the assessed value of the real property in the
67	67	district may submit a petition to the commission requesting that
68	68	the commission appoint as temporary directors the five persons
69	69	named in the petition. The commission shall appoint as temporary
70	70	directors the five persons named in the petition.
71	71	(b) Temporary directors serve until the earlier of:
72	72	(1) the date permanent directors are elected under
73	73	Section 7931A.0103; or
74	74	(2) the fourth anniversary of the effective date of
75	75	the Act enacting this chapter.
76	76	(c) If permanent directors have not been elected under
77	77	Section 7931A.0103 and the terms of the temporary directors have
78	78	expired, successor temporary directors shall be appointed or
79	79	reappointed as provided by Subsection (d) to serve terms that
80	80	expire on the earlier of:
81	81	(1) the date permanent directors are elected under
82	82	Section 7931A.0103; or
83	83	(2) the fourth anniversary of the date of the
84	84	appointment or reappointment.
85	85	(d) If Subsection (c) applies, the owner or owners of a
86	86	majority of the assessed value of the real property in the district
87	87	may submit a petition to the commission requesting that the
88	88	commission appoint as successor temporary directors the five
89	89	persons named in the petition. The commission shall appoint as
90	90	successor temporary directors the five persons named in the
91	91	petition.
92	92	SUBCHAPTER C. POWERS AND DUTIES
93	93	Sec. 7931A.0301. GENERAL POWERS AND DUTIES. The district
94	94	has the powers and duties necessary to accomplish the purposes for
95	95	which the district is created.
96	96	Sec. 7931A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
97	97	DUTIES. The district has the powers and duties provided by the
98	98	general law of this state, including Chapters 49 and 54, Water Code,
99	99	applicable to municipal utility districts created under Section 59,
100	100	Article XVI, Texas Constitution.
101	101	Sec. 7931A.0303. AUTHORITY FOR ROAD PROJECTS. Under
102	102	Section 52, Article III, Texas Constitution, the district may
103	103	design, acquire, construct, finance, issue bonds for, improve,
104	104	operate, maintain, and convey to this state, a county, or a
105	105	municipality for operation and maintenance macadamized, graveled,
106	106	or paved roads, or improvements, including storm drainage, in aid
107	107	of those roads.
108	108	Sec. 7931A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
109	109	road project must meet all applicable construction standards,
110	110	zoning and subdivision requirements, and regulations of each
111	111	municipality in whose corporate limits or extraterritorial
112	112	jurisdiction the road project is located.
113	113	(b) If a road project is not located in the corporate limits
114	114	or extraterritorial jurisdiction of a municipality, the road
115	115	project must meet all applicable construction standards,
116	116	subdivision requirements, and regulations of each county in which
117	117	the road project is located.
118	118	(c) If the state will maintain and operate the road, the
119	119	Texas Transportation Commission must approve the plans and
120	120	specifications of the road project.
121	121	Sec. 7931A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
122	122	ORDINANCE OR RESOLUTION. The district shall comply with all
123	123	applicable requirements of any ordinance or resolution that is
124	124	adopted under Section 54.016 or 54.0165, Water Code, and that
125	125	consents to the creation of the district or to the inclusion of land
126	126	in the district.
127	127	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
128	128	Sec. 7931A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
129	129	The district may issue, without an election, bonds and other
130	130	obligations secured by:
131	131	(1) revenue other than ad valorem taxes; or
132	132	(2) contract payments described by Section
133	133	7931A.0403.
134	134	(b) The district must hold an election in the manner
135	135	provided by Chapters 49 and 54, Water Code, to obtain voter approval
136	136	before the district may impose an ad valorem tax or issue bonds
137	137	payable from ad valorem taxes.
138	138	(c) The district may not issue bonds payable from ad valorem
139	139	taxes to finance a road project unless the issuance is approved by a
140	140	vote of a two-thirds majority of the district voters voting at an
141	141	election held for that purpose.
142	142	Sec. 7931A.0402. OPERATION AND MAINTENANCE TAX. (a) If
143	143	authorized at an election held under Section 7931A.0401, the
144	144	district may impose an operation and maintenance tax on taxable
145	145	property in the district in accordance with Section 49.107, Water
146	146	Code.
147	147	(b) The board shall determine the tax rate. The rate may not
148	148	exceed the rate approved at the election.
149	149	Sec. 7931A.0403. CONTRACT TAXES. (a) In accordance with
150	150	Section 49.108, Water Code, the district may impose a tax other than
151	151	an operation and maintenance tax and use the revenue derived from
152	152	the tax to make payments under a contract after the provisions of
153	153	the contract have been approved by a majority of the district voters
154	154	voting at an election held for that purpose.
155	155	(b) A contract approved by the district voters may contain a
156	156	provision stating that the contract may be modified or amended by
157	157	the board without further voter approval.
158	158	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
159	159	Sec. 7931A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
160	160	OBLIGATIONS. The district may issue bonds or other obligations
161	161	payable wholly or partly from ad valorem taxes, impact fees,
162	162	revenue, contract payments, grants, or other district money, or any
163	163	combination of those sources, to pay for any authorized district
164	164	purpose.
165	165	Sec. 7931A.0502. TAXES FOR BONDS. At the time the district
166	166	issues bonds payable wholly or partly from ad valorem taxes, the
167	167	board shall provide for the annual imposition of a continuing
168	168	direct ad valorem tax, without limit as to rate or amount, while all
169	169	or part of the bonds are outstanding as required and in the manner
170	170	provided by Sections 54.601 and 54.602, Water Code.
171	171	Sec. 7931A.0503. BONDS FOR ROAD PROJECTS. At the time of
172	172	issuance, the total principal amount of bonds or other obligations
173	173	issued or incurred to finance road projects and payable from ad
174	174	valorem taxes may not exceed one-fourth of the assessed value of the
175	175	real property in the district.
176	176	SECTION 2. The Montgomery County Municipal Utility District
177	177	No. 207 initially includes all the territory contained in the
178	178	following area:
179	179	Being 287.74 acres of land located in the Ransom House
180	180	Survey, Abstract No. 245, the Joseph House Survey, Abstract
181	181	No. 250, and the Theodore Slade Survey, Abstract No. 500,
182	182	Montgomery County, Texas; said 287.74 acres being all of a called
183	183	141.2-acre tract of land conveyed to ABE Limited in Clerk's File
184	184	(C.F.) No. 2001067097 of the Official Public Records of Real
185	185	Property of Montgomery County (O.P.R.R.P.M.C.), all of a called
186	186	60.00-acre tract of land conveyed to 12735 Whittington, Ltd. in
187	187	C.F. No. 2001067095 of the O.P.R.R.P.M.C., and the remainder (86.54
188	188	acres) of a called 90.00-acre tract of land conveyed to CET Limited
189	189	in C.F. No. 2001067093 of the O.P.R.R.P.M.C.; said 287.74-acre
190	190	tract being more particularly described by metes and bounds as
191	191	follows (all bearings are referenced to the west line of said called
192	192	141.2-acre tract, called N32°46'10"W 1,732.87'):
193	193	Commencing at the intersection of the west right-of-way line
194	194	of Farm to Market Road (F.M.) 1314 (100' wide) as recorded in Volume
195	195	214, Page 188 of the Montgomery County Deed Records (M.C.D.R.) with
196	196	the north right-of-way line of Crighton Road (60' wide) as recorded
197	197	in Volume 211, Page 511 and Volume 214, Page 188 of the (M.C.D.R.),
198	198	same being the southeast corner of said 90.00-acre tract and the
199	199	southeast corner of a called 3.46-acre tract of land conveyed to
200	200	City of Conroe in C.F. No. 2008107765 of the O.P.R.R.P.M.C.;
201	201	Thence, with said west right-of-way line of F.M. 1314 and the
202	202	east line of said 90.00-acre and 3.46-acre tracts, 31.81 feet along
203	203	the arc of a curve to the right, said curve having a central angle of
204	204	00 degrees 37 minutes 31 seconds, a radius of 2,914.79 feet and a
205	205	chord that bears North 37 degrees 10 minutes 07 seconds West, a
206	206	distance of 31.81 feet to the northeast corner of said 3.46-acre
207	207	tract and Point of Beginning of the herein described tract;
208	208	1. Thence, with the north line of said 3.46-acre tract,
209	209	South 72 degrees 42 minutes 37 seconds West, a distance of 1,218.58
210	210	feet;
211	211	2. Thence, continuing with said north line, South 72 degrees
212	212	23 minutes 45 seconds West, a distance of 1,899.94 feet to the
213	213	northwest corner of said 3.46-acre tract, same being on the west
214	214	line of aforesaid 90.00-acre tract and east line of a called
215	215	117.9-acre tract of land conveyed to CET Limited in C.F.
216	216	No. 2000080890 of the O.P.R.R.P.M.C.;
217	217	3. Thence, with said common line, North 32 degrees 46
218	218	minutes 10 seconds West, at a distance of 1,268.21 feet passing the
219	219	northwest corner of said 90.00-acre tract and southwest corner of
220	220	aforesaid 60.00-acre tract, at a distance of 1,970.32 feet passing
221	221	the northeast corner of said 117.9-acre tract and southeast corner
222	222	of a called 156.0-acre tract of land conveyed to ABE Limited in C.F.
223	223	No. 2000080888 of the O.P.R.R.P.M.C., at a distance of 2,153.90
224	224	feet passing the northwest corner of said 60.00-acre tract and
225	225	southwest corner of aforesaid 141.2-acre tract, at a distance of
226	226	2,484.53 passing the north line of aforesaid Joseph House Survey
227	227	and the south line of aforesaid Ransom House Survey, continuing in
228	228	all a total distance of 3,886.77 feet to the northwest corner of
229	229	said 141.2-acre tract and northeast corner of said 156.0-acre
230	230	tract, same being on the south right-of-way line of Loop 336
231	231	(varying width) as recorded in C.F. No. 8715615 of the
232	232	O.P.R.R.P.M.C.;
233	233	Thence, with said south right-of-way line of Loop 336, the
234	234	following four (4) courses:
235	235	4. 1,393.69 feet along the arc of a curve to the left, said
236	236	curve having a central angle of 27 degrees 04 minutes 07 seconds, a
237	237	radius of 2,950.00 feet and a chord that bears North 59 degrees 41
238	238	minutes 26 seconds East, a distance of 1,380.77 feet;
239	239	5. Thence, continuing with said south right-of-way line,
240	240	North 46 degrees 09 minutes 22 seconds East, a distance of 371.99
241	241	feet;
242	242	6. 717.54 feet along the arc of a curve to the right, said
243	243	curve having a central angle of 16 degrees 04 minutes 08 seconds, a
244	244	radius of 2,558.50 feet and a chord that bears North 54 degrees 11
245	245	minutes 26 seconds East, a distance of 715.19 feet;
246	246	7. North 62 degrees 13 minutes 30 seconds East, a distance
247	247	of 399.39 feet to the most westerly end of a 100-foot cutback
248	248	located at the intersection of the said south right-of-way line and
249	249	the west right-of-way line of a portion of aforesaid F.M. 1314 (150
250	250	feet wide per widening) as recorded in C.F. No. 8715615 of the
251	251	O.P.R.R.P.M.C.;
252	252	Thence, with said west right-of-way line of F.M. 1314, the
253	253	following three (3) courses:
254	254	8. South 72 degrees 46 minutes 30 seconds East, a distance
255	255	of 141.42 feet;
256	256	9. South 27 degrees 46 minutes 30 seconds East, a distance
257	257	of 50.00 feet;
258	258	10. South 30 degrees 18 minutes 35 seconds East, a distance
259	259	of 565.28 feet to the southerly corner of aforesaid widening tract
260	260	and being in the former west right-of-way line of said F.M. 1314
261	261	(100 feet wide);
262	262	11. Thence, continuing with said west right-of-way line,
263	263	688.62 feet along the arc of a curve to the left, said curve having a
264	264	central angle of 06 degrees 49 minutes 36 seconds, a radius of
265	265	5,779.58 feet and a chord that bears South 31 degrees 11 minutes 18
266	266	seconds East, a distance of 688.21 feet;
267	267	12. Thence, continuing with said west right-of-way line,
268	268	South 34 degrees 36 minutes 06 seconds East, at a distance of 628.35
269	269	feet passing the south line of aforesaid Ransom House Survey and
270	270	north line of aforesaid Theodore Slade Survey, at a distance of
271	271	1,147.45 feet passing the southeast corner of aforesaid 141.2-acre
272	272	tract and northeast corner of aforesaid 60.00-acre tract, at a
273	273	distance of 2,041.48 feet passing the southeast corner of said
274	274	60.00-acre tract and northeast corner of aforesaid 90.00-acre
275	275	tract, continuing in all a total distance of 3,200.86 feet;
276	276	13. Thence, continuing with said west right-of-way line,
277	277	114.49 feet along the arc of a curve to the left, said curve having a
278	278	central angle of 02 degrees 15 minutes 02 seconds, a radius of
279	279	2,914.79 feet and a chord that bears South 35 degrees 43 minutes 51
280	280	seconds East, a distance of 114.48 feet to the Point of Beginning
281	281	and containing 287.74 acres of land.
282	282	SECTION 3. (a) The legal notice of the intention to
283	283	introduce this Act, setting forth the general substance of this
284	284	Act, has been published as provided by law, and the notice and a
285	285	copy of this Act have been furnished to all persons, agencies,
286	286	officials, or entities to which they are required to be furnished
287	287	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
288	288	Government Code.
289	289	(b) The governor, one of the required recipients, has
290	290	submitted the notice and Act to the Texas Commission on
291	291	Environmental Quality.
292	292	(c) The Texas Commission on Environmental Quality has filed
293	293	its recommendations relating to this Act with the governor, the
294	294	lieutenant governor, and the speaker of the house of
295	295	representatives within the required time.
296	296	(d) All requirements of the constitution and laws of this
297	297	state and the rules and procedures of the legislature with respect
298	298	to the notice, introduction, and passage of this Act are fulfilled
299	299	and accomplished.
300	300	SECTION 4. (a) If this Act does not receive a two-thirds
301	301	vote of all the members elected to each house, Subchapter C, Chapter
302	302	7931A, Special District Local Laws Code, as added by Section 1 of
303	303	this Act, is amended by adding Section 7931A.0306 to read as
304	304	follows:
305	305	Sec. 7931A.0306. NO EMINENT DOMAIN POWER. The district may
306	306	not exercise the power of eminent domain.
307	307	(b) This section is not intended to be an expression of a
308	308	legislative interpretation of the requirements of Section 17(c),
309	309	Article I, Texas Constitution.
310	310	SECTION 5. This Act takes effect immediately if it receives
311	311	a vote of two-thirds of all the members elected to each house, as
312	312	provided by Section 39, Article III, Texas Constitution. If this
313	313	Act does not receive the vote necessary for immediate effect, this
314	314	Act takes effect September 1, 2021.