Texas 2021 - 87th Regular

Texas House Bill HB4649 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 4649
	1	+	By: Metcalf (Senate Sponsor - Creighton) H.B. No. 4649
	2	+	(In the Senate - Received from the House May 17, 2021;
	3	+	May 17, 2021, read first time and referred to Committee on Local
	4	+	Government; May 21, 2021, reported favorably by the following
	5	+	vote: Yeas 7, Nays 0; May 21, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the creation of the Montgomery County Municipal Utility
6	12		District No. 198; granting a limited power of eminent domain;
7	13		providing authority to issue bonds; providing authority to impose
8	14		assessments, fees, and taxes.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	17		Code, is amended by adding Chapter 7906A to read as follows:
12	18		CHAPTER 7906A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
13	19		NO. 198
14	20		SUBCHAPTER A. GENERAL PROVISIONS
15	21		Sec. 7906A.0101. DEFINITIONS. In this chapter:
16	22		(1) "Board" means the district's board of directors.
17	23		(2) "Commission" means the Texas Commission on
18	24		Environmental Quality.
19	25		(3) "Director" means a board member.
20	26		(4) "District" means the Montgomery County Municipal
21	27		Utility District No. 198.
22	28		Sec. 7906A.0102. NATURE OF DISTRICT. The district is a
23	29		municipal utility district created under Section 59, Article XVI,
24	30		Texas Constitution.
25	31		Sec. 7906A.0103. CONFIRMATION AND DIRECTOR ELECTION
26	32		REQUIRED. The temporary directors shall hold an election to
27	33		confirm the creation of the district and to elect five permanent
28	34		directors as provided by Section 49.102, Water Code.
29	35		Sec. 7906A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
30	36		temporary directors may not hold an election under Section
31	37		7906A.0103 until each municipality in whose corporate limits or
32	38		extraterritorial jurisdiction the district is located has
33	39		consented by ordinance or resolution to the creation of the
34	40		district and to the inclusion of land in the district.
35	41		Sec. 7906A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	42		(a) The district is created to serve a public purpose and benefit.
37	43		(b) The district is created to accomplish the purposes of:
38	44		(1) a municipal utility district as provided by
39	45		general law and Section 59, Article XVI, Texas Constitution; and
40	46		(2) Section 52, Article III, Texas Constitution, that
41	47		relate to the construction, acquisition, improvement, operation,
42	48		or maintenance of macadamized, graveled, or paved roads, or
43	49		improvements, including storm drainage, in aid of those roads.
44	50		Sec. 7906A.0106. INITIAL DISTRICT TERRITORY. (a) The
45	51		district is initially composed of the territory described by
46	52		Section 2 of the Act enacting this chapter.
47	53		(b) The boundaries and field notes contained in Section 2 of
48	54		the Act enacting this chapter form a closure. A mistake made in the
49	55		field notes or in copying the field notes in the legislative process
50	56		does not affect the district's:
51	57		(1) organization, existence, or validity;
52	58		(2) right to issue any type of bond for the purposes
53	59		for which the district is created or to pay the principal of and
54	60		interest on a bond;
55	61		(3) right to impose a tax; or
56	62		(4) legality or operation.
57	63		SUBCHAPTER B. BOARD OF DIRECTORS
58	64		Sec. 7906A.0201. GOVERNING BODY; TERMS. (a) The district
59	65		is governed by a board of five elected directors.
60	66		(b) Except as provided by Section 7906A.0202, directors
61	67		serve staggered four-year terms.
62	68		Sec. 7906A.0202. TEMPORARY DIRECTORS. (a) On or after the
63	69		effective date of the Act enacting this chapter, the owner or owners
64	70		of a majority of the assessed value of the real property in the
65	71		district may submit a petition to the commission requesting that
66	72		the commission appoint as temporary directors the five persons
67	73		named in the petition. The commission shall appoint as temporary
68	74		directors the five persons named in the petition.
69	75		(b) Temporary directors serve until the earlier of:
70	76		(1) the date permanent directors are elected under
71	77		Section 7906A.0103; or
72	78		(2) the fourth anniversary of the effective date of
73	79		the Act enacting this chapter.
74	80		(c) If permanent directors have not been elected under
75	81		Section 7906A.0103 and the terms of the temporary directors have
76	82		expired, successor temporary directors shall be appointed or
77	83		reappointed as provided by Subsection (d) to serve terms that
78	84		expire on the earlier of:
79	85		(1) the date permanent directors are elected under
80	86		Section 7906A.0103; or
81	87		(2) the fourth anniversary of the date of the
82	88		appointment or reappointment.
83	89		(d) If Subsection (c) applies, the owner or owners of a
84	90		majority of the assessed value of the real property in the district
85	91		may submit a petition to the commission requesting that the
86	92		commission appoint as successor temporary directors the five
87	93		persons named in the petition. The commission shall appoint as
88	94		successor temporary directors the five persons named in the
89	95		petition.
90	96		SUBCHAPTER C. POWERS AND DUTIES
91	97		Sec. 7906A.0301. GENERAL POWERS AND DUTIES. The district
92	98		has the powers and duties necessary to accomplish the purposes for
93	99		which the district is created.
94	100		Sec. 7906A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
95	101		DUTIES. The district has the powers and duties provided by the
96	102		general law of this state, including Chapters 49 and 54, Water Code,
97	103		applicable to municipal utility districts created under Section 59,
98	104		Article XVI, Texas Constitution.
99	105		Sec. 7906A.0303. AUTHORITY FOR ROAD PROJECTS. Under
100	106		Section 52, Article III, Texas Constitution, the district may
101	107		design, acquire, construct, finance, issue bonds for, improve,
102	108		operate, maintain, and convey to this state, a county, or a
103	109		municipality for operation and maintenance macadamized, graveled,
104	110		or paved roads, or improvements, including storm drainage, in aid
105	111		of those roads.
106	112		Sec. 7906A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	113		road project must meet all applicable construction standards,
108	114		zoning and subdivision requirements, and regulations of each
109	115		municipality in whose corporate limits or extraterritorial
110	116		jurisdiction the road project is located.
111	117		(b) If a road project is not located in the corporate limits
112	118		or extraterritorial jurisdiction of a municipality, the road
113	119		project must meet all applicable construction standards,
114	120		subdivision requirements, and regulations of each county in which
115	121		the road project is located.
116	122		(c) If the state will maintain and operate the road, the
117	123		Texas Transportation Commission must approve the plans and
118	124		specifications of the road project.
119	125		Sec. 7906A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120	126		ORDINANCE OR RESOLUTION. The district shall comply with all
121	127		applicable requirements of any ordinance or resolution that is
122	128		adopted under Section 54.016 or 54.0165, Water Code, and that
123	129		consents to the creation of the district or to the inclusion of land
124	130		in the district.
125	131		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	132		Sec. 7906A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
127	133		The district may issue, without an election, bonds and other
128	134		obligations secured by:
129	135		(1) revenue other than ad valorem taxes; or
130	136		(2) contract payments described by Section
131	137		7906A.0403.
132	138		(b) The district must hold an election in the manner
133	139		provided by Chapters 49 and 54, Water Code, to obtain voter approval
134	140		before the district may impose an ad valorem tax or issue bonds
135	141		payable from ad valorem taxes.
136	142		(c) The district may not issue bonds payable from ad valorem
137	143		taxes to finance a road project unless the issuance is approved by a
138	144		vote of a two-thirds majority of the district voters voting at an
139	145		election held for that purpose.
140	146		Sec. 7906A.0402. OPERATION AND MAINTENANCE TAX. (a) If
141	147		authorized at an election held under Section 7906A.0401, the
142	148		district may impose an operation and maintenance tax on taxable
143	149		property in the district in accordance with Section 49.107, Water
144	150		Code.
145	151		(b) The board shall determine the tax rate. The rate may not
146	152		exceed the rate approved at the election.
147	153		Sec. 7906A.0403. CONTRACT TAXES. (a) In accordance with
148	154		Section 49.108, Water Code, the district may impose a tax other than
149	155		an operation and maintenance tax and use the revenue derived from
150	156		the tax to make payments under a contract after the provisions of
151	157		the contract have been approved by a majority of the district voters
152	158		voting at an election held for that purpose.
153	159		(b) A contract approved by the district voters may contain a
154	160		provision stating that the contract may be modified or amended by
155	161		the board without further voter approval.
156	162		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
157	163		Sec. 7906A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
158	164		OBLIGATIONS. The district may issue bonds or other obligations
159	165		payable wholly or partly from ad valorem taxes, impact fees,
160	166		revenue, contract payments, grants, or other district money, or any
161	167		combination of those sources, to pay for any authorized district
162	168		purpose.
163	169		Sec. 7906A.0502. TAXES FOR BONDS. At the time the district
164	170		issues bonds payable wholly or partly from ad valorem taxes, the
165	171		board shall provide for the annual imposition of a continuing
166	172		direct ad valorem tax, without limit as to rate or amount, while all
167	173		or part of the bonds are outstanding as required and in the manner
168	174		provided by Sections 54.601 and 54.602, Water Code.
169	175		Sec. 7906A.0503. BONDS FOR ROAD PROJECTS. At the time of
170	176		issuance, the total principal amount of bonds or other obligations
171	177		issued or incurred to finance road projects and payable from ad
172	178		valorem taxes may not exceed one-fourth of the assessed value of the
173	179		real property in the district.
174	180		SECTION 2. The Montgomery County Municipal Utility District
175	181		No. 198 initially includes all the territory contained in the
176	182		following area:
177	183		Being a 534.5 acre (23,283,437 square feet) tract situated in
178	184		the Walker County School Land Survey, Abstract No. 494, and the
179	185		William Wills Survey, Abstract No. 594, both in Montgomery County,
180	186		Texas, being a portion of a called 1,778.511 acre tract conveyed to
181	187		FM 242, Limited, by deed recorded in Clerk's File No. 2003-155376,
182	188		Montgomery County Official Public Records of Real Property; said
183	189		534.5 acre (23,283,437 square feet) tract being more particularly
184	190		described as follows with all bearings being based on called
185	191		bearings recorded under said Clerk's File No. 2003-155376,
186	192		Montgomery County Official Public Records of Real Property:
187	193		BEGINNING at the northerly northeast corner of said called
188	194		1,778.511 acre tract;
189	195		THENCE, South 03°03'02" East, along the northerly east line of
190	196		said called 1,778.511 acre tract, 3,692.24 feet to an angle point in
191	197		said northerly east line of said called 1,778.511 acre tract;
192	198		THENCE, South 03°09'55" East, continuing along said northerly
193	199		east line of said called 1,778.511 acre tract, 2,382.96 feet to an
194	200		interior corner of said called 1,778.511 acre tract;
195	201		THENCE, North 87°14'11" East, along an easterly north line of
196	202		said called 1,778.511 acre tract, 567.51 feet to the beginning of a
197	203		curve to the left, being 50 feet offset from the City of Splendora
198	204		Extraterritorial Jurisdiction (E.T.J.) limit as recorded in
199	205		Montgomery County Court Cause No. 04-12-10629-CV;
200	206		THENCE, along said curve to the left in a southeasterly
201	207		direction, 50 feet offset from said City of Splendora
202	208		Extraterritorial Jurisdiction (E.T.J.) limit as recorded in said
203	209		Montgomery County Court Cause No. 04-12-10629-CV, with a radius of
204	210		2,465.67 feet, a central angle of 20°24'23", an arc length of 878.17
205	211		feet, and a chord bearing South 24°57'41" East, 873.53 feet to the
206	212		south line of said called 1,778.511 acre tract, being 50 feet offset
207	213		from said City of Splendora Extraterritorial Jurisdiction (E.T.J.)
208	214		limit as recorded in said Montgomery County Court Cause
209	215		No. 04-12-10629-CV;
210	216		THENCE, along said south line of said called 1,778.511 acre
211	217		tract, the following six (6) courses and distances:
212	218		1. South 86°35'26" West, 892.11 feet to a point for corner;
213	219		2. South 87°00'04" West, 2,049.85 feet to a point for corner;
214	220		3. South 87°02'35" West, 1,773.11 feet to a point for corner;
215	221		4. South 86°57'43" West, 1,735.80 feet to a point for corner;
216	222		5. North 02°56'52" West, 3.66 feet to a point for corner;
217	223		6. South 86°58'03" West, 1,031.86 feet to a point for corner;
218	224		THENCE, North 40°40'17" East, over and across said called
219	225		1,778.511 acre tract, 9,526.68 feet to the POINT OF BEGINNING,
220	226		CONTAINING 534.5 acres (23,283,437 square feet) of land in
221	227		Montgomery County, Texas.
222	228		SECTION 3. (a) The legal notice of the intention to
223	229		introduce this Act, setting forth the general substance of this
224	230		Act, has been published as provided by law, and the notice and a
225	231		copy of this Act have been furnished to all persons, agencies,
226	232		officials, or entities to which they are required to be furnished
227	233		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
228	234		Government Code.
229	235		(b) The governor, one of the required recipients, has
230	236		submitted the notice and Act to the Texas Commission on
231	237		Environmental Quality.
232	238		(c) The Texas Commission on Environmental Quality has filed
233	239		its recommendations relating to this Act with the governor, the
234	240		lieutenant governor, and the speaker of the house of
235	241		representatives within the required time.
236	242		(d) All requirements of the constitution and laws of this
237	243		state and the rules and procedures of the legislature with respect
238	244		to the notice, introduction, and passage of this Act are fulfilled
239	245		and accomplished.
240	246		SECTION 4. (a) If this Act does not receive a two-thirds
241	247		vote of all the members elected to each house, Subchapter C, Chapter
242	248		7906A, Special District Local Laws Code, as added by Section 1 of
243	249		this Act, is amended by adding Section 7906A.0306 to read as
244	250		follows:
245	251		Sec. 7906A.0306. NO EMINENT DOMAIN POWER. The district may
246	252		not exercise the power of eminent domain.
247	253		(b) This section is not intended to be an expression of a
248	254		legislative interpretation of the requirements of Section 17(c),
249	255		Article I, Texas Constitution.
250	256		SECTION 5. This Act takes effect immediately if it receives
251	257		a vote of two-thirds of all the members elected to each house, as
252	258		provided by Section 39, Article III, Texas Constitution. If this
253	259		Act does not receive the vote necessary for immediate effect, this
254	260		Act takes effect September 1, 2021.
255		-	______________________________ ______________________________
256		-	President of the Senate Speaker of the House
257		-	I certify that H.B. No. 4649 was passed by the House on May
258		-	14, 2021, by the following vote: Yeas 106, Nays 39, 2 present, not
259		-	voting.
260		-	______________________________
261		-	Chief Clerk of the House
262		-	I certify that H.B. No. 4649 was passed by the Senate on May
263		-	27, 2021, by the following vote: Yeas 30, Nays 1.
264		-	______________________________
265		-	Secretary of the Senate
266		-	APPROVED: _____________________
267		-	Date
268		-	_____________________
269		-	Governor
	261	+	* * * * *