Texas 2021 - 87th Regular

Texas Senate Bill SB2163 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2163
	1	+	By: Creighton S.B. No. 2163
	2	+	(Bell of Montgomery)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to the creation of the Montgomery County Municipal Utility
6	8		District No. 199; granting a limited power of eminent domain;
7	9		providing authority to issue bonds; providing authority to impose
8	10		assessments, fees, and taxes.
9	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	12		SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	13		Code, is amended by adding Chapter 8499 to read as follows:
12	14		CHAPTER 8499. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 199
13	15		SUBCHAPTER A. GENERAL PROVISIONS
14	16		Sec. 8499.0101. DEFINITIONS. In this chapter:
15	17		(1) "Board" means the district's board of directors.
16	18		(2) "Commission" means the Texas Commission on
17	19		Environmental Quality.
18	20		(3) "Director" means a board member.
19	21		(4) "District" means the Montgomery County Municipal
20	22		Utility District No. 199.
21	23		Sec. 8499.0102. NATURE OF DISTRICT. The district is a
22	24		municipal utility district created under Section 59, Article XVI,
23	25		Texas Constitution.
24	26		Sec. 8499.0103. CONFIRMATION AND DIRECTORS' ELECTION
25	27		REQUIRED. The temporary directors shall hold an election to
26	28		confirm the creation of the district and to elect five permanent
27	29		directors as provided by Section 49.102, Water Code.
28	30		Sec. 8499.0104. CONSENT OF MUNICIPALITY REQUIRED. The
29	31		temporary directors may not hold an election under Section
30	32		8499.0103 until each municipality in whose corporate limits or
31	33		extraterritorial jurisdiction the district is located has
32	34		consented by ordinance or resolution to the creation of the
33	35		district and to the inclusion of land in the district.
34	36		Sec. 8499.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
35	37		(a) The district is created to serve a public purpose and benefit.
36	38		(b) The district is created to accomplish the purposes of:
37	39		(1) a municipal utility district as provided by
38	40		general law and Section 59, Article XVI, Texas Constitution; and
39	41		(2) Section 52, Article III, Texas Constitution, that
40	42		relate to the construction, acquisition, improvement, operation,
41	43		or maintenance of macadamized, graveled, or paved roads, or
42	44		improvements, including storm drainage, in aid of those roads.
43	45		Sec. 8499.0106. INITIAL DISTRICT TERRITORY. (a) The
44	46		district is initially composed of the territory described by
45	47		Section 2 of the Act enacting this chapter.
46	48		(b) The boundaries and field notes contained in Section 2 of
47	49		the Act enacting this chapter form a closure. A mistake made in the
48	50		field notes or in copying the field notes in the legislative process
49	51		does not affect the district's:
50	52		(1) organization, existence, or validity;
51	53		(2) right to issue any type of bond for the purposes
52	54		for which the district is created or to pay the principal of and
53	55		interest on a bond;
54	56		(3) right to impose a tax; or
55	57		(4) legality or operation.
56	58		SUBCHAPTER B. BOARD OF DIRECTORS
57	59		Sec. 8499.0201. GOVERNING BODY; TERMS. (a) The district is
58	60		governed by a board of five elected directors.
59	61		(b) Except as provided by Section 8499.0202, directors
60	62		serve staggered four-year terms.
61	63		Sec. 8499.0202. TEMPORARY DIRECTORS. (a) The temporary
62	64		board consists of:
63	65		(1) Joshua Kelly Hancock;
64	66		(2) Santina Daily;
65	67		(3) Linda Perez;
66	68		(4) Sue Robinson; and
67	69		(5) Quency D. Perkins.
68	70		(b) Temporary directors serve until the earlier of:
69	71		(1) the date permanent directors are elected under
70	72		Section 8499.0103; or
71	73		(2) September 1, 2025.
72	74		(c) If permanent directors have not been elected under
73	75		Section 8499.0103 and the terms of the temporary directors have
74	76		expired, successor temporary directors shall be appointed or
75	77		reappointed as provided by Subsection (d) to serve terms that
76	78		expire on the earlier of:
77	79		(1) the date permanent directors are elected under
78	80		Section 8499.0103; or
79	81		(2) the fourth anniversary of the date of the
80	82		appointment or reappointment.
81	83		(d) If Subsection (c) applies, the owner or owners of a
82	84		majority of the assessed value of the real property in the district
83	85		may submit a petition to the commission requesting that the
84	86		commission appoint as successor temporary directors the five
85	87		persons named in the petition. The commission shall appoint as
86	88		successor temporary directors the five persons named in the
87	89		petition.
88	90		SUBCHAPTER C. POWERS AND DUTIES
89	91		Sec. 8499.0301. GENERAL POWERS AND DUTIES. The district
90	92		has the powers and duties necessary to accomplish the purposes for
91	93		which the district is created.
92	94		Sec. 8499.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
93	95		DUTIES. The district has the powers and duties provided by the
94	96		general law of this state, including Chapters 49 and 54, Water Code,
95	97		applicable to municipal utility districts created under Section 59,
96	98		Article XVI, Texas Constitution.
97	99		Sec. 8499.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
98	100		52, Article III, Texas Constitution, the district may design,
99	101		acquire, construct, finance, issue bonds for, improve, operate,
100	102		maintain, and convey to this state, a county, or a municipality for
101	103		operation and maintenance macadamized, graveled, or paved roads, or
102	104		improvements, including storm drainage, in aid of those roads.
103	105		Sec. 8499.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
104	106		road project must meet all applicable construction standards,
105	107		zoning and subdivision requirements, and regulations of each
106	108		municipality in whose corporate limits or extraterritorial
107	109		jurisdiction the road project is located.
108	110		(b) If a road project is not located in the corporate limits
109	111		or extraterritorial jurisdiction of a municipality, the road
110	112		project must meet all applicable construction standards,
111	113		subdivision requirements, and regulations of each county in which
112	114		the road project is located.
113	115		(c) If the state will maintain and operate the road, the
114	116		Texas Transportation Commission must approve the plans and
115	117		specifications of the road project.
116	118		Sec. 8499.0305. COMPLIANCE WITH MUNICIPAL CONSENT
117	119		ORDINANCE OR RESOLUTION. The district shall comply with all
118	120		applicable requirements of any ordinance or resolution that is
119	121		adopted under Section 54.016 or 54.0165, Water Code, and that
120	122		consents to the creation of the district or to the inclusion of land
121	123		in the district.
122	124		Sec. 8499.0306. DIVISION OF DISTRICT. (a) The district may
123	125		be divided into two or more new districts only if the district:
124	126		(1) has no outstanding bonded debt; and
125	127		(2) is not imposing ad valorem taxes.
126	128		(b) This chapter applies to any new district created by the
127	129		division of the district, and a new district has all the powers and
128	130		duties of the district.
129	131		(c) A new district created by the division of the district
130	132		may not, at the time the new district is created, contain any land
131	133		outside the area described by Section 2 of the Act enacting this
132	134		chapter.
133	135		(d) The board, on its own motion or on receipt of a petition
134	136		signed by the owner or owners of a majority of the assessed value of
135	137		the real property in the district, may adopt an order dividing the
136	138		district.
137	139		(e) The board may adopt an order dividing the district
138	140		before or after the date the board holds an election under Section
139	141		8499.0103 to confirm the district's creation.
140	142		(f) An order dividing the district shall:
141	143		(1) name each new district;
142	144		(2) include the metes and bounds description of the
143	145		territory of each new district;
144	146		(3) appoint temporary directors for each new district;
145	147		and
146	148		(4) provide for the division of assets and liabilities
147	149		between the new districts.
148	150		(g) On or before the 30th day after the date of adoption of
149	151		an order dividing the district, the district shall file the order
150	152		with the commission and record the order in the real property
151	153		records of each county in which the district is located.
152	154		(h) Any new district created by the division of the district
153	155		shall hold a confirmation and directors' election as required by
154	156		Section 8499.0103. If the voters of a new district do not confirm
155	157		the creation of the new district, the assets, obligations,
156	158		territory, and governance of the new district revert to the
157	159		original district.
158	160		(i) If the creation of the new district is confirmed, the
159	161		new district shall provide the election date and results to the
160	162		commission.
161	163		(j) Any new district created by the division of the district
162	164		must hold an election as required by this chapter to obtain voter
163	165		approval before the district may impose a maintenance tax or issue
164	166		bonds payable wholly or partly from ad valorem taxes.
165	167		(k) Municipal consent to the creation of the district and to
166	168		the inclusion of land in the district granted under Section
167	169		8499.0104 acts as municipal consent to the creation of any new
168	170		district created by the division of the district and to the
169	171		inclusion of land in the new district.
170	172		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
171	173		Sec. 8499.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
172	174		The district may issue, without an election, bonds and other
173	175		obligations secured by:
174	176		(1) revenue other than ad valorem taxes; or
175	177		(2) contract payments described by Section 8499.0403.
176	178		(b) The district must hold an election in the manner
177	179		provided by Chapters 49 and 54, Water Code, to obtain voter approval
178	180		before the district may impose an ad valorem tax or issue bonds
179	181		payable from ad valorem taxes.
180	182		(c) The district may not issue bonds payable from ad valorem
181	183		taxes to finance a road project unless the issuance is approved by a
182	184		vote of a two-thirds majority of the district voters voting at an
183	185		election held for that purpose.
184	186		Sec. 8499.0402. OPERATION AND MAINTENANCE TAX. (a) If
185	187		authorized at an election held under Section 8499.0401, the
186	188		district may impose an operation and maintenance tax on taxable
187	189		property in the district in accordance with Section 49.107, Water
188	190		Code.
189	191		(b) The board shall determine the tax rate. The rate may not
190	192		exceed the rate approved at the election.
191	193		Sec. 8499.0403. CONTRACT TAXES. (a) In accordance with
192	194		Section 49.108, Water Code, the district may impose a tax other than
193	195		an operation and maintenance tax and use the revenue derived from
194	196		the tax to make payments under a contract after the provisions of
195	197		the contract have been approved by a majority of the district voters
196	198		voting at an election held for that purpose.
197	199		(b) A contract approved by the district voters may contain a
198	200		provision stating that the contract may be modified or amended by
199	201		the board without further voter approval.
200	202		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
201	203		Sec. 8499.0501. AUTHORITY TO ISSUE BONDS AND OTHER
202	204		OBLIGATIONS. The district may issue bonds or other obligations
203	205		payable wholly or partly from ad valorem taxes, impact fees,
204	206		revenue, contract payments, grants, or other district money, or any
205	207		combination of those sources, to pay for any authorized district
206	208		purpose.
207	209		Sec. 8499.0502. TAXES FOR BONDS. At the time the district
208	210		issues bonds payable wholly or partly from ad valorem taxes, the
209	211		board shall provide for the annual imposition of a continuing
210	212		direct ad valorem tax, without limit as to rate or amount, while all
211	213		or part of the bonds are outstanding as required and in the manner
212	214		provided by Sections 54.601 and 54.602, Water Code.
213	215		Sec. 8499.0503. BONDS FOR ROAD PROJECTS. At the time of
214	216		issuance, the total principal amount of bonds or other obligations
215	217		issued or incurred to finance road projects and payable from ad
216	218		valorem taxes may not exceed one-fourth of the assessed value of the
217	219		real property in the district.
218	220		SECTION 2. The Montgomery County Municipal Utility District
219	221		No. 199 initially includes all the territory contained in the
220	222		following area:
221	223		Being 310.3 acres of land in the Soloman Brown Survey,
222	224		Abstract 5, Montgomery County, Texas, said 310.3 acres being a
223	225		portion of a called 40.0202 acre tract described in the deed to
224	226		James R. Fogarty and Cheryl L. Fogarty by an instrument of record in
225	227		Document Number 2018005474 of the Official Public Records of
226	228		Montgomery County, Texas (M.C.O.P.R.), a portion of a called
227	229		103.1967 acre tract described in the deed to MA Goodson
228	230		Enterprises, Inc, by an instrument of record in File Number 9401044
229	231		of the Official Public Records of Real Property of Montgomery
230	232		County, Texas (M.C.O.P.R.R.P.), a portion of a called 62.5930 acre
231	233		tract described in the deed to MA Goodson Enterprises, Inc by an
232	234		instrument of record in File Number 9401047, M.C.O.P.R.R.P., a
233	235		portion of a called 20 acre tract described in the deed to James R.
234	236		Fogarty by an instrument of record in File Number 2005-085111,
235	237		M.C.O.P.R.R.P., all of the remainder of a called 29.881 acre tract
236	238		described in the deed to James R. Fogarty and Cheryl L. Fogarty by
237	239		an instrument of record in Document Number 9401042, M.C.O.P.R., all
238	240		of a called 40.074 acre tract described in the deed to James R.
239	241		Fogarty by an instrument of record in File Number 2007-035819,
240	242		M.C.O.P.R.R.P., all a called 16.706 acre tract described in the
241	243		deed to Seung Teak Yoo and Sood Hee Yoo by an instrument of record in
242	244		File Number 2007-081356, M.C.O.P.R.R.P., and all of the remainder
243	245		of a called 61.39 acre tract described in the deed to Christine
244	246		Lewis-Lyman by an instrument of record in File Number 2000-063284,
245	247		M.C.O.P.R.R.P., said 310.3 acre tract being more particularly
246	248		described by metes and bounds as follows (Bearings based on said
247	249		40.0202 acre tract);
248	250		BEGINNING at the northeast corner of said 29.881-acre tract;
249	251		Thence, along the east line of said 29.881-acre tract the following
250	252		two (2) courses:
251	253		1. South 01° 07' 23" East, 111.60 feet to a point for corner;
252	254		2. South 00° 02' 23" East, 1,418.50 feet to the northeast
253	255		corner of a called 2.003-acre tract described in the deed to James
254	256		R. Fogarty and Senie Paulette Fogarty by an instrument of record in
255	257		File Number 9721964, M.C.O.P.R.R.P.;
256	258		Thence, along the north and west line of said 2.003-acre tract the
257	259		following three (3) courses:
258	260		1. South 89° 53' 52" West, 310.90 feet to a point for corner;
259	261		2. South 33° 32' 08" East, 263.98 feet to a point for corner;
260	262		3. South 16° 14' 02" West, 185.49 feet to the southwest
261	263		corner of said 2.003 acre tract, same being on the north line of a
262	264		called 52.8273 acre tract described in the deed to John W. Caveness
263	265		and Connie M. Caveness by an instrument of record in File Number
264	266		2000-096833, M.C.O.P.R.R.P.;
265	267		Thence, along the north and west lines of said 52.8273-acre tract
266	268		the following two (2) courses:
267	269		1. North 88° 13' 49" West, 460.67 feet to a point for corner
268	270		on the east line of the aforementioned 103.1967-acre tract;
269	271		2. South 00° 07' 22" East, along the east line of said
270	272		103.1967-acre tract, 854.94 feet the northeast corner of the
271	273		aforementioned 40.0202-acre tract;
272	274		Thence, along the north, and east line of said 40.0202-acre tract
273	275		the following eight (8) courses:
274	276		1. North 89° 59' 04" East, 616.71 feet to a point for corner;
275	277		2. North 00° 11' 41" West, 203.03 feet to a point for corner;
276	278		3. North 89° 59' 04" East, 59.61 feet to a point for corner;
277	279		4. South 00° 02' 44" East, 100.03 feet to a point for corner;
278	280		5. North 88° 12' 49" West, 1.00 feet to a point for corner;
279	281		6. South 00° 11' 41" East, 500.34 feet to a point for corner;
280	282		7. South 00° 16' 14" East, 1,185.29 feet to a point for
281	283		corner;
282	284		8. South 00° 45' 09" West, 228.66 feet to a point for corner;
283	285		Thence, South 66° 54' 29" West, departing the east line of said
284	286		40.0202 acre tract and across said 40.0202 acre tract, the
285	287		aforementioned 103.1967 acre tract, the aforementioned 62.5930
286	288		acre tract, and the aforementioned 20 acre tract, 3,145.13 feet to a
287	289		point for corner on the west line of said 20 acre tract;
288	290		Thence, North 00° 10' 05" West, along the west line of said 20-acre
289	291		tract, 830.64 feet to the northwest corner of said 20 acre tract,
290	292		same being on the west line of the aforementioned 61.39 acre tract;
291	293		Thence, along the west line of said 61.39-acre tract the following
292	294		two (2) courses:
293	295		1. North 00° 10' 05" West, 1,764.87 feet to a point for
294	296		corner;
295	297		2. North 02° 02' 55" East, 942.94 feet to the northwest
296	298		corner of said 61.39-acre tract, same being the southwest corner of
297	299		the aforementioned 16.706-acre tract;
298	300		Thence, along the west and north lines of said 16.706-acre tract the
299	301		following eight (8) courses:
300	302		1. North 00° 44' 18" East, 643.03 feet to a point for corner;
301	303		2. South 89° 51' 13" East, 99.90 feet to a point for corner;
302	304		3. North 00° 44' 18" East, 146.55 feet to a point for corner;
303	305		4. South 88° 53' 29" West, 350.80 feet to a point for corner;
304	306		5. North 00° 37' 44" East, 60.02 feet to a point for corner;
305	307		6. North 88° 53' 29" East, 250.97 feet to a point for corner;
306	308		7. North 00° 44' 18" East, 285.92 feet to a point for corner;
307	309		8. South 88° 57' 25" East, 641.64 feet to the northeast
308	310		corner of said 16.706-acre tract, same being on the west line of the
309	311		aforementioned 40.074-acre tract;
310	312		Thence, along the west and north lines of said 40.074-acre tract the
311	313		following three (3) courses:
312	314		1. North 00° 44' 18" East, 1,133.33 feet to a point for
313	315		corner;
314	316		2. North 89° 51' 31" East, 38.98 feet to a point for corner;
315	317		3. North 89° 56' 48" East, 722.00 feet to the northeast
316	318		corner of said 40.074-acre tract, same being the northwest corner
317	319		of the aforementioned 103.1967-acre tract;
318	320		Thence, along the north line of said 103.1967-acre tract, the
319	321		following two (2) courses:
320	322		1. North 89° 16' 55" East, 215.01 feet to a point for corner;
321	323		2. North 89° 27' 57" East, 535.44 feet to the northeast
322	324		corner of said 103.1967-acre tract, same being the northwest corner
323	325		of the aforementioned 29.881-acre tract;
324	326		Thence, along the north line of said 29.881-acre tract the
325	327		following two (2) courses:
326	328		1. North 89° 27' 57" East, 200.34 feet to a point for corner;
327	329		2. North 88° 40' 09" East, 478.07 feet to the POINT OF
328	330		BEGINNING and containing 310.3 acres of land.
329	331		SECTION 3. (a) The legal notice of the intention to
330	332		introduce this Act, setting forth the general substance of this
331	333		Act, has been published as provided by law, and the notice and a
332	334		copy of this Act have been furnished to all persons, agencies,
333	335		officials, or entities to which they are required to be furnished
334	336		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
335	337		Government Code.
336	338		(b) The governor, one of the required recipients, has
337	339		submitted the notice and Act to the Texas Commission on
338	340		Environmental Quality.
339	341		(c) The Texas Commission on Environmental Quality has filed
340	342		its recommendations relating to this Act with the governor, the
341	343		lieutenant governor, and the speaker of the house of
342	344		representatives within the required time.
343	345		(d) All requirements of the constitution and laws of this
344	346		state and the rules and procedures of the legislature with respect
345	347		to the notice, introduction, and passage of this Act are fulfilled
346	348		and accomplished.
347	349		SECTION 4. (a) If this Act does not receive a two-thirds
348	350		vote of all the members elected to each house, Subchapter C, Chapter
349	351		8499, Special District Local Laws Code, as added by Section 1 of
350	352		this Act, is amended by adding Section 8499.0307 to read as follows:
351	353		Sec. 8499.0307. NO EMINENT DOMAIN POWER. The district may
352	354		not exercise the power of eminent domain.
353	355		(b) This section is not intended to be an expression of a
354	356		legislative interpretation of the requirements of Section 17(c),
355	357		Article I, Texas Constitution.
356	358		SECTION 5. This Act takes effect September 1, 2021.
357		-	______________________________ ______________________________
358		-	President of the Senate Speaker of the House
359		-	I hereby certify that S.B. No. 2163 passed the Senate on
360		-	May 5, 2021, by the following vote: Yeas 31, Nays 0.
361		-	______________________________
362		-	Secretary of the Senate
363		-	I hereby certify that S.B. No. 2163 passed the House on
364		-	May 8, 2021, by the following vote: Yeas 103, Nays 36, two
365		-	present not voting.
366		-	______________________________
367		-	Chief Clerk of the House
368		-	Approved:
369		-	______________________________
370		-	Date
371		-	______________________________
372		-	Governor