Texas 2021 - 87th Regular

Texas Senate Bill SB2159 Compare Versions

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

Old	New	Differences
1	1	87R10037 ANG-F
2	2	By: Creighton S.B. No. 2159
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. 206; granting a limited power of eminent domain;
9	9	providing authority to issue bonds.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle F, Title 6, Special District Local Laws
12	12	Code, is amended by adding Chapter 7928A to read as follows:
13	13	CHAPTER 7928A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
14	14	NO. 206
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 7928A.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. 206.
23	23	Sec. 7928A.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. 7928A.0103. CONFIRMATION AND DIRECTOR 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. 7928A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
31	31	temporary directors may not hold an election under Section
32	32	7928A.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. 7928A.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. 7928A.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. 7928A.0201. GOVERNING BODY; TERMS. (a) The district
60	60	is governed by a board of five elected directors.
61	61	(b) Except as provided by Section 7928A.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 7928A.0202. TEMPORARY DIRECTORS. (a) On or after the
64	64	effective date of the Act enacting this chapter, the owner or owners
65	65	of a majority of the assessed value of the real property in the
66	66	district may submit a petition to the commission requesting that
67	67	the commission appoint as temporary directors the five persons
68	68	named in the petition. The commission shall appoint as temporary
69	69	directors the five persons named in the petition.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 7928A.0103; or
73	73	(2) the fourth anniversary of the effective date of
74	74	the Act enacting this chapter.
75	75	(c) If permanent directors have not been elected under
76	76	Section 7928A.0103 and the terms of the temporary directors have
77	77	expired, successor temporary directors shall be appointed or
78	78	reappointed as provided by Subsection (d) to serve terms that
79	79	expire on the earlier of:
80	80	(1) the date permanent directors are elected under
81	81	Section 7928A.0103; or
82	82	(2) the fourth anniversary of the date of the
83	83	appointment or reappointment.
84	84	(d) If Subsection (c) applies, the owner or owners of a
85	85	majority of the assessed value of the real property in the district
86	86	may submit a petition to the commission requesting that the
87	87	commission appoint as successor temporary directors the five
88	88	persons named in the petition. The commission shall appoint as
89	89	successor temporary directors the five persons named in the
90	90	petition.
91	91	SUBCHAPTER C. POWERS AND DUTIES
92	92	Sec. 7928A.0301. GENERAL POWERS AND DUTIES. The district
93	93	has the powers and duties necessary to accomplish the purposes for
94	94	which the district is created.
95	95	Sec. 7928A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
96	96	DUTIES. The district has the powers and duties provided by the
97	97	general law of this state, including Chapters 49 and 54, Water Code,
98	98	applicable to municipal utility districts created under Section 59,
99	99	Article XVI, Texas Constitution.
100	100	Sec. 7928A.0303. AUTHORITY FOR ROAD PROJECTS. Under
101	101	Section 52, Article III, Texas Constitution, the district may
102	102	design, acquire, construct, finance, issue bonds for, improve,
103	103	operate, maintain, and convey to this state, a county, or a
104	104	municipality for operation and maintenance macadamized, graveled,
105	105	or paved roads, or improvements, including storm drainage, in aid
106	106	of those roads.
107	107	Sec. 7928A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
108	108	road project must meet all applicable construction standards,
109	109	zoning and subdivision requirements, and regulations of each
110	110	municipality in whose corporate limits or extraterritorial
111	111	jurisdiction the road project is located.
112	112	(b) If a road project is not located in the corporate limits
113	113	or extraterritorial jurisdiction of a municipality, the road
114	114	project must meet all applicable construction standards,
115	115	subdivision requirements, and regulations of each county in which
116	116	the road project is located.
117	117	(c) If the state will maintain and operate the road, the
118	118	Texas Transportation Commission must approve the plans and
119	119	specifications of the road project.
120	120	Sec. 7928A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
121	121	ORDINANCE OR RESOLUTION. (a) The district shall comply with all
122	122	applicable requirements of any ordinance or resolution that is
123	123	adopted under Section 54.016 or 54.0165, Water Code, and that
124	124	consents to the creation of the district or to the inclusion of land
125	125	in the district.
126	126	(b) In addition to all the rights and remedies provided by
127	127	other law, if the district violates the terms of an ordinance or
128	128	resolution described by Subsection (a), the municipality is
129	129	entitled to injunctive relief or a writ of mandamus issued by a
130	130	court requiring the district and the district's officials to
131	131	observe and comply with the terms of the ordinance or resolution.
132	132	Sec. 7928A.0306. EFFECT OF ANNEXATION BY CITY OF CONROE.
133	133	Notwithstanding Section 54.016(f)(2), Water Code, an allocation
134	134	agreement between the City of Conroe and the district that provides
135	135	for the allocation of the taxes or revenues of the district and the
136	136	city following the date of inclusion of all the district's
137	137	territory in the corporate limits of the city may provide that the
138	138	total annual ad valorem taxes collected by the city and the district
139	139	from taxable property in the district may exceed the city's ad
140	140	valorem tax on that property.
141	141	Sec. 7928A.0307. LIMITATION ON USE OF EMINENT DOMAIN. The
142	142	district may not exercise the power of eminent domain outside the
143	143	district without the written consent of the City of Conroe.
144	144	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
145	145	Sec. 7928A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
146	146	The district may issue, without an election, bonds and other
147	147	obligations secured by:
148	148	(1) revenue other than ad valorem taxes; or
149	149	(2) contract payments described by Section
150	150	7928A.0403.
151	151	(b) The district must hold an election in the manner
152	152	provided by Chapters 49 and 54, Water Code, to obtain voter approval
153	153	before the district may impose an ad valorem tax or issue bonds
154	154	payable from ad valorem taxes.
155	155	(c) The district may not issue bonds payable from ad valorem
156	156	taxes to finance a road project unless the issuance is approved by a
157	157	vote of a two-thirds majority of the district voters voting at an
158	158	election held for that purpose.
159	159	Sec. 7928A.0402. OPERATION AND MAINTENANCE TAX. (a) If
160	160	authorized at an election held under Section 7928A.0401, the
161	161	district may impose an operation and maintenance tax on taxable
162	162	property in the district in accordance with Section 49.107, Water
163	163	Code.
164	164	(b) The board shall determine the tax rate. The rate may not
165	165	exceed the rate approved at the election.
166	166	Sec. 7928A.0403. CONTRACT TAXES. (a) In accordance with
167	167	Section 49.108, Water Code, the district may impose a tax other than
168	168	an operation and maintenance tax and use the revenue derived from
169	169	the tax to make payments under a contract after the provisions of
170	170	the contract have been approved by a majority of the district voters
171	171	voting at an election held for that purpose.
172	172	(b) A contract approved by the district voters may contain a
173	173	provision stating that the contract may be modified or amended by
174	174	the board without further voter approval.
175	175	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
176	176	Sec. 7928A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
177	177	OBLIGATIONS. The district may issue bonds or other obligations
178	178	payable wholly or partly from ad valorem taxes, impact fees,
179	179	revenue, contract payments, tax increment payments, grants, or
180	180	other district money, or any combination of those sources, to pay
181	181	for any authorized district purpose.
182	182	Sec. 7928A.0502. TAXES FOR BONDS. At the time the district
183	183	issues bonds payable wholly or partly from ad valorem taxes, the
184	184	board shall provide for the annual imposition of a continuing
185	185	direct ad valorem tax, without limit as to rate or amount, while all
186	186	or part of the bonds are outstanding as required and in the manner
187	187	provided by Sections 54.601 and 54.602, Water Code.
188	188	Sec. 7928A.0503. BONDS FOR ROAD PROJECTS. At the time of
189	189	issuance, the total principal amount of bonds or other obligations
190	190	issued or incurred to finance road projects and payable from ad
191	191	valorem taxes may not exceed one-fourth of the assessed value of the
192	192	real property in the district.
193	193	SECTION 2. The Montgomery County Municipal Utility District
194	194	No. 206 initially includes all the territory contained in the
195	195	following area:
196	196	Being 92.833 acres of land located in the John Toops Survey,
197	197	Abstract Number 563, Montgomery County, Texas, being all of that
198	198	certain called 92.8344 acre tract described in the deed to
199	199	Cliffstone Hills, LTD., by an instrument of record in Document
200	200	Number 2020146551 of the Official Public Records of Montgomery
201	201	County, Texas (M.C.O.P.R.), said 92.833 acre tract being more
202	202	particularly described by metes and bounds as follows (all bearings
203	203	referenced to the Texas Coordinate System, Central Zone, NAD83;
204	204	BEGINNING at a 1-inch pinched top iron pipe found marking the
205	205	north corner of said 92.8344 acre tract, same being the east corner
206	206	of that certain called 1.694 acre tract described in the deed to
207	207	Break-Thru Performance Engineering, Inc., by an instrument of
208	208	record under Document Number 2013102060, M.C.O.P.R., said point
209	209	lying on the southwesterly right-of-way line of Loop 336 (width
210	210	varies - as monumented);
211	211	Thence, along the northeast line of said 92.8344 acre tract
212	212	and the southwesterly right- of-way line of said Loop 336 the
213	213	following 8 (eight) courses and distances:
214	214	1. South 64° 54' 08" East, 438.00 feet to a 4" x 4" concrete
215	215	TXDOT monument found for corner;
216	216	2. South 67° 53' 50" East, 100.00 feet to a to a 4" x 4"
217	217	concrete TXDOT monument found for corner;
218	218	3. South 64° 56' 38" East, 999.89 feet to a 5/8-inch iron rod
219	219	found for corner;
220	220	4. South 62° 10' 50" East, 200.00 feet to a bent 1/2-inch
221	221	iron rod found for corner;
222	222	5. South 64° 40' 50" East, 197.70 feet to a point for corner,
223	223	from which a bent 1/2-inch iron rod bears South 26° 02' 39" West,
224	224	0.74 feet;
225	225	6. South 67° 49' 50" East, 100.26 feet to a point for corner,
226	226	from which a found broken 4" x 4" concrete TXDOT monument bears
227	227	South 29° 29' 52" West, 0.59 feet;
228	228	7. South 65° 04' 49" East, 299.59 feet to a 4" x 4" concrete
229	229	TXDOT monument found for corner;
230	230	8. South 67° 43' 26" East, 45.51 feet to a 5/8-inch iron rod
231	231	with cap stamped "COTTON SURVEYING" found marking the east corner
232	232	of said 92.8344 acre tract, same being the northwest corner of that
233	233	certain called 186.0 acre tract described in the deed to Conroe ISD,
234	234	by an instrument of record under File Number 2008034031, of the
235	235	Official Public Records of Real Property of Montgomery County,
236	236	Texas (M.C.O.P.R.R.P.);
237	237	Thence, South 25° 27' 45" West, along the southeast line of
238	238	said 92.8344 acre tract and the northwesterly line of said 186.0
239	239	acre tract, 357.62 feet to a 5/8-inch iron rod with cap stamped
240	240	"COTTON SURVEYING" found for corner;
241	241	Thence, South 56° 37' 50" West, continuing along said common
242	242	line, 2,407.87 feet to a 5/8-inch iron rod with cap stamped "COTTON
243	243	SURVEYING" found marking the south corner of said 92.8344 acre
244	244	tract and the west corner of said 186.0 acre tract, said point lying
245	245	on the northeast right-of-way line of F.M. 3083 (called 120' wide)
246	246	as described in Volume 283, Page 451 of the Montgomery County Deed
247	247	Records (M.C.D.R.), and File Number 9045106, M.C.O.P.R.R.P.;
248	248	Thence, North 33° 15' 24" West, 1,220.07 feet to a point for
249	249	corner, from which a brass disk in concrete stamped "TXDOT" bears
250	250	North 09° 24' 11" West, 1.26 feet, the beginning of a non-tangent
251	251	curve;
252	252	Thence, 215.57 feet continuing along said common line and the
253	253	arc of a non-tangent curve to the right, having a radius of 3,010.63
254	254	feet, a central angle of 04° 06' 09", and a chord which bears North
255	255	31° 12' 54" West, 215.52 feet to the west corner of said 92.8344 acre
256	256	tract, from which a 1/2-inch iron rod bears North 11° 00' 12" East,
257	257	1.03 feet, said point lying on the southeasterly line of that
258	258	certain called 9.66 acre tract described in the deed to Louisiana
259	259	Electrical Wholesalers, Inc. by an instrument of record under File
260	260	Number 9826542, M.C.O.P.R.R.P.;
261	261	Thence, North 58° 28' 08" East, along a westerly line of said
262	262	92.8344 acre tract and a south line of said 9.66 acre tract, 817.51
263	263	feet to 1/2-inch iron rod found marking the east corner of said 9.66
264	264	acre tract and an interior westerly corner of said 92.8344 acre
265	265	tract;
266	266	Thence, North 31° 23' 20" West, along a westerly line of said
267	267	92.8344 acre tract and the easterly lines of said 9.66 acre tract
268	268	and that certain called 3.956 acre tract described in the deed to
269	269	Conroe Reload Center by an instrument of record under File Number
270	270	9658151, M.C.O.P.R.R.P. 804.67 feet to the northwest corner of said
271	271	92.8344 acre tract, from which a 5/8-inch iron rod bears South 15°
272	272	41' 14" East, 0.85 feet, said point lying on the south line of that
273	273	certain called 1.0 acre tract described in the deed to Agustin
274	274	Ventura Gonzales by an instrument of record under Document Number
275	275	2011076381, M.C.O.P.R.R.P.;
276	276	Thence, North 56° 46' 10" East, along the north line of said
277	277	92.8344 acre tract and the south lines of said 1.0 acre tract, that
278	278	certain called 5.650 acre tract described in the deed to Texas
279	279	Outdoor Power Sales, Inc. by an instrument of record under Document
280	280	Number 2019075494, M.C.O.P.R., and the aforementioned 1.694 acre
281	281	tract, 610.16 feet to the POINT OF BEGINNING and containing 92.833
282	282	acres of land.
283	283	SECTION 3. (a) The legal notice of the intention to
284	284	introduce this Act, setting forth the general substance of this
285	285	Act, has been published as provided by law, and the notice and a
286	286	copy of this Act have been furnished to all persons, agencies,
287	287	officials, or entities to which they are required to be furnished
288	288	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
289	289	Government Code.
290	290	(b) The governor, one of the required recipients, has
291	291	submitted the notice and Act to the Texas Commission on
292	292	Environmental Quality.
293	293	(c) The Texas Commission on Environmental Quality has filed
294	294	its recommendations relating to this Act with the governor, the
295	295	lieutenant governor, and the speaker of the house of
296	296	representatives within the required time.
297	297	(d) All requirements of the constitution and laws of this
298	298	state and the rules and procedures of the legislature with respect
299	299	to the notice, introduction, and passage of this Act are fulfilled
300	300	and accomplished.
301	301	SECTION 4. (a) Section 7928A.0307, Special District Local
302	302	Laws Code, as added by Section 1 of this Act, takes effect only if
303	303	this Act receives a two-thirds vote of all the members elected to
304	304	each house.
305	305	(b) If this Act does not receive a two-thirds vote of all the
306	306	members elected to each house, Subchapter C, Chapter 7928A, Special
307	307	District Local Laws Code, as added by Section 1 of this Act, is
308	308	amended by adding Section 7928A.0307 to read as follows:
309	309	Sec. 7928A.0307. NO EMINENT DOMAIN POWER. The district may
310	310	not exercise the power of eminent domain.
311	311	(c) This section is not intended to be an expression of a
312	312	legislative interpretation of the requirements of Section 17(c),
313	313	Article I, Texas Constitution.
314	314	SECTION 5. This Act takes effect immediately if it receives
315	315	a vote of two-thirds of all the members elected to each house, as
316	316	provided by Section 39, Article III, Texas Constitution. If this
317	317	Act does not receive the vote necessary for immediate effect, this
318	318	Act takes effect September 1, 2021.