Texas 2021 - 87th Regular

Texas Senate Bill SB2173 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	S.B. No. 2173
	1	+	By: Creighton S.B. No. 2173
	2	+	(Metcalf)
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. 207; 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 7931A to read as follows:
12	14		CHAPTER 7931A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
13	15		NO. 207
14	16		SUBCHAPTER A. GENERAL PROVISIONS
15	17		Sec. 7931A.0101. DEFINITIONS. In this chapter:
16	18		(1) "Board" means the district's board of directors.
17	19		(2) "Commission" means the Texas Commission on
18	20		Environmental Quality.
19	21		(3) "Director" means a board member.
20	22		(4) "District" means the Montgomery County Municipal
21	23		Utility District No. 207.
22	24		Sec. 7931A.0102. NATURE OF DISTRICT. The district is a
23	25		municipal utility district created under Section 59, Article XVI,
24	26		Texas Constitution.
25	27		Sec. 7931A.0103. CONFIRMATION AND DIRECTOR ELECTION
26	28		REQUIRED. The temporary directors shall hold an election to
27	29		confirm the creation of the district and to elect five permanent
28	30		directors as provided by Section 49.102, Water Code.
29	31		Sec. 7931A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
30	32		temporary directors may not hold an election under Section
31	33		7931A.0103 until each municipality in whose corporate limits or
32	34		extraterritorial jurisdiction the district is located has
33	35		consented by ordinance or resolution to the creation of the
34	36		district and to the inclusion of land in the district.
35	37		Sec. 7931A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	38		(a) The district is created to serve a public purpose and benefit.
37	39		(b) The district is created to accomplish the purposes of:
38	40		(1) a municipal utility district as provided by
39	41		general law and Section 59, Article XVI, Texas Constitution; and
40	42		(2) Section 52, Article III, Texas Constitution, that
41	43		relate to the construction, acquisition, improvement, operation,
42	44		or maintenance of macadamized, graveled, or paved roads, or
43	45		improvements, including storm drainage, in aid of those roads.
44	46		Sec. 7931A.0106. INITIAL DISTRICT TERRITORY. (a) The
45	47		district is initially composed of the territory described by
46	48		Section 2 of the Act enacting this chapter.
47	49		(b) The boundaries and field notes contained in Section 2 of
48	50		the Act enacting this chapter form a closure. A mistake made in the
49	51		field notes or in copying the field notes in the legislative process
50	52		does not affect the district's:
51	53		(1) organization, existence, or validity;
52	54		(2) right to issue any type of bond for the purposes
53	55		for which the district is created or to pay the principal of and
54	56		interest on a bond;
55	57		(3) right to impose a tax; or
56	58		(4) legality or operation.
57	59		SUBCHAPTER B. BOARD OF DIRECTORS
58	60		Sec. 7931A.0201. GOVERNING BODY; TERMS. (a) The district
59	61		is governed by a board of five elected directors.
60	62		(b) Except as provided by Section 7931A.0202, directors
61	63		serve staggered four-year terms.
62	64		Sec. 7931A.0202. TEMPORARY DIRECTORS. (a) On or after the
63	65		effective date of the Act enacting this chapter, the owner or owners
64	66		of a majority of the assessed value of the real property in the
65	67		district may submit a petition to the commission requesting that
66	68		the commission appoint as temporary directors the five persons
67	69		named in the petition. The commission shall appoint as temporary
68	70		directors the five persons named in the petition.
69	71		(b) Temporary directors serve until the earlier of:
70	72		(1) the date permanent directors are elected under
71	73		Section 7931A.0103; or
72	74		(2) the fourth anniversary of the effective date of
73	75		the Act enacting this chapter.
74	76		(c) If permanent directors have not been elected under
75	77		Section 7931A.0103 and the terms of the temporary directors have
76	78		expired, successor temporary directors shall be appointed or
77	79		reappointed as provided by Subsection (d) to serve terms that
78	80		expire on the earlier of:
79	81		(1) the date permanent directors are elected under
80	82		Section 7931A.0103; or
81	83		(2) the fourth anniversary of the date of the
82	84		appointment or reappointment.
83	85		(d) If Subsection (c) applies, the owner or owners of a
84	86		majority of the assessed value of the real property in the district
85	87		may submit a petition to the commission requesting that the
86	88		commission appoint as successor temporary directors the five
87	89		persons named in the petition. The commission shall appoint as
88	90		successor temporary directors the five persons named in the
89	91		petition.
90	92		SUBCHAPTER C. POWERS AND DUTIES
91	93		Sec. 7931A.0301. GENERAL POWERS AND DUTIES. The district
92	94		has the powers and duties necessary to accomplish the purposes for
93	95		which the district is created.
94	96		Sec. 7931A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
95	97		DUTIES. The district has the powers and duties provided by the
96	98		general law of this state, including Chapters 49 and 54, Water Code,
97	99		applicable to municipal utility districts created under Section 59,
98	100		Article XVI, Texas Constitution.
99	101		Sec. 7931A.0303. AUTHORITY FOR ROAD PROJECTS. Under
100	102		Section 52, Article III, Texas Constitution, the district may
101	103		design, acquire, construct, finance, issue bonds for, improve,
102	104		operate, maintain, and convey to this state, a county, or a
103	105		municipality for operation and maintenance macadamized, graveled,
104	106		or paved roads, or improvements, including storm drainage, in aid
105	107		of those roads.
106	108		Sec. 7931A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
107	109		road project must meet all applicable construction standards,
108	110		zoning and subdivision requirements, and regulations of each
109	111		municipality in whose corporate limits or extraterritorial
110	112		jurisdiction the road project is located.
111	113		(b) If a road project is not located in the corporate limits
112	114		or extraterritorial jurisdiction of a municipality, the road
113	115		project must meet all applicable construction standards,
114	116		subdivision requirements, and regulations of each county in which
115	117		the road project is located.
116	118		(c) If the state will maintain and operate the road, the
117	119		Texas Transportation Commission must approve the plans and
118	120		specifications of the road project.
119	121		Sec. 7931A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
120	122		ORDINANCE OR RESOLUTION. The district shall comply with all
121	123		applicable requirements of any ordinance or resolution that is
122	124		adopted under Section 54.016 or 54.0165, Water Code, and that
123	125		consents to the creation of the district or to the inclusion of land
124	126		in the district.
125	127		SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
126	128		Sec. 7931A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
127	129		The district may issue, without an election, bonds and other
128	130		obligations secured by:
129	131		(1) revenue other than ad valorem taxes; or
130	132		(2) contract payments described by Section
131	133		7931A.0403.
132	134		(b) The district must hold an election in the manner
133	135		provided by Chapters 49 and 54, Water Code, to obtain voter approval
134	136		before the district may impose an ad valorem tax or issue bonds
135	137		payable from ad valorem taxes.
136	138		(c) The district may not issue bonds payable from ad valorem
137	139		taxes to finance a road project unless the issuance is approved by a
138	140		vote of a two-thirds majority of the district voters voting at an
139	141		election held for that purpose.
140	142		Sec. 7931A.0402. OPERATION AND MAINTENANCE TAX. (a) If
141	143		authorized at an election held under Section 7931A.0401, the
142	144		district may impose an operation and maintenance tax on taxable
143	145		property in the district in accordance with Section 49.107, Water
144	146		Code.
145	147		(b) The board shall determine the tax rate. The rate may not
146	148		exceed the rate approved at the election.
147	149		Sec. 7931A.0403. CONTRACT TAXES. (a) In accordance with
148	150		Section 49.108, Water Code, the district may impose a tax other than
149	151		an operation and maintenance tax and use the revenue derived from
150	152		the tax to make payments under a contract after the provisions of
151	153		the contract have been approved by a majority of the district voters
152	154		voting at an election held for that purpose.
153	155		(b) A contract approved by the district voters may contain a
154	156		provision stating that the contract may be modified or amended by
155	157		the board without further voter approval.
156	158		SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
157	159		Sec. 7931A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
158	160		OBLIGATIONS. The district may issue bonds or other obligations
159	161		payable wholly or partly from ad valorem taxes, impact fees,
160	162		revenue, contract payments, grants, or other district money, or any
161	163		combination of those sources, to pay for any authorized district
162	164		purpose.
163	165		Sec. 7931A.0502. TAXES FOR BONDS. At the time the district
164	166		issues bonds payable wholly or partly from ad valorem taxes, the
165	167		board shall provide for the annual imposition of a continuing
166	168		direct ad valorem tax, without limit as to rate or amount, while all
167	169		or part of the bonds are outstanding as required and in the manner
168	170		provided by Sections 54.601 and 54.602, Water Code.
169	171		Sec. 7931A.0503. BONDS FOR ROAD PROJECTS. At the time of
170	172		issuance, the total principal amount of bonds or other obligations
171	173		issued or incurred to finance road projects and payable from ad
172	174		valorem taxes may not exceed one-fourth of the assessed value of the
173	175		real property in the district.
174	176		SECTION 2. The Montgomery County Municipal Utility District
175	177		No. 207 initially includes all the territory contained in the
176	178		following area:
177	179		Being 287.74 acres of land located in the Ransom House
178	180		Survey, Abstract No. 245, the Joseph House Survey, Abstract
179	181		No. 250, and the Theodore Slade Survey, Abstract No. 500,
180	182		Montgomery County, Texas; said 287.74 acres being all of a called
181	183		141.2-acre tract of land conveyed to ABE Limited in Clerk's File
182	184		(C.F.) No. 2001067097 of the Official Public Records of Real
183	185		Property of Montgomery County (O.P.R.R.P.M.C.), all of a called
184	186		60.00-acre tract of land conveyed to 12735 Whittington, Ltd. in
185	187		C.F. No. 2001067095 of the O.P.R.R.P.M.C., and the remainder (86.54
186	188		acres) of a called 90.00-acre tract of land conveyed to CET Limited
187	189		in C.F. No. 2001067093 of the O.P.R.R.P.M.C.; said 287.74-acre
188	190		tract being more particularly described by metes and bounds as
189	191		follows (all bearings are referenced to the west line of said called
190	192		141.2-acre tract, called N32°46'10"W 1,732.87'):
191	193		Commencing at the intersection of the west right-of-way line
192	194		of Farm to Market Road (F.M.) 1314 (100' wide) as recorded in Volume
193	195		214, Page 188 of the Montgomery County Deed Records (M.C.D.R.) with
194	196		the north right-of-way line of Crighton Road (60' wide) as recorded
195	197		in Volume 211, Page 511 and Volume 214, Page 188 of the (M.C.D.R.),
196	198		same being the southeast corner of said 90.00-acre tract and the
197	199		southeast corner of a called 3.46-acre tract of land conveyed to
198	200		City of Conroe in C.F. No. 2008107765 of the O.P.R.R.P.M.C.;
199	201		Thence, with said west right-of-way line of F.M. 1314 and the
200	202		east line of said 90.00-acre and 3.46-acre tracts, 31.81 feet along
201	203		the arc of a curve to the right, said curve having a central angle of
202	204		00 degrees 37 minutes 31 seconds, a radius of 2,914.79 feet and a
203	205		chord that bears North 37 degrees 10 minutes 07 seconds West, a
204	206		distance of 31.81 feet to the northeast corner of said 3.46-acre
205	207		tract and Point of Beginning of the herein described tract;
206	208		1. Thence, with the north line of said 3.46-acre tract,
207	209		South 72 degrees 42 minutes 37 seconds West, a distance of 1,218.58
208	210		feet;
209	211		2. Thence, continuing with said north line, South 72 degrees
210	212		23 minutes 45 seconds West, a distance of 1,899.94 feet to the
211	213		northwest corner of said 3.46-acre tract, same being on the west
212	214		line of aforesaid 90.00-acre tract and east line of a called
213	215		117.9-acre tract of land conveyed to CET Limited in C.F.
214	216		No. 2000080890 of the O.P.R.R.P.M.C.;
215	217		3. Thence, with said common line, North 32 degrees 46
216	218		minutes 10 seconds West, at a distance of 1,268.21 feet passing the
217	219		northwest corner of said 90.00-acre tract and southwest corner of
218	220		aforesaid 60.00-acre tract, at a distance of 1,970.32 feet passing
219	221		the northeast corner of said 117.9-acre tract and southeast corner
220	222		of a called 156.0-acre tract of land conveyed to ABE Limited in C.F.
221	223		No. 2000080888 of the O.P.R.R.P.M.C., at a distance of 2,153.90
222	224		feet passing the northwest corner of said 60.00-acre tract and
223	225		southwest corner of aforesaid 141.2-acre tract, at a distance of
224	226		2,484.53 passing the north line of aforesaid Joseph House Survey
225	227		and the south line of aforesaid Ransom House Survey, continuing in
226	228		all a total distance of 3,886.77 feet to the northwest corner of
227	229		said 141.2-acre tract and northeast corner of said 156.0-acre
228	230		tract, same being on the south right-of-way line of Loop 336
229	231		(varying width) as recorded in C.F. No. 8715615 of the
230	232		O.P.R.R.P.M.C.;
231	233		Thence, with said south right-of-way line of Loop 336, the
232	234		following four (4) courses:
233	235		4. 1,393.69 feet along the arc of a curve to the left, said
234	236		curve having a central angle of 27 degrees 04 minutes 07 seconds, a
235	237		radius of 2,950.00 feet and a chord that bears North 59 degrees 41
236	238		minutes 26 seconds East, a distance of 1,380.77 feet;
237	239		5. Thence, continuing with said south right-of-way line,
238	240		North 46 degrees 09 minutes 22 seconds East, a distance of 371.99
239	241		feet;
240	242		6. 717.54 feet along the arc of a curve to the right, said
241	243		curve having a central angle of 16 degrees 04 minutes 08 seconds, a
242	244		radius of 2,558.50 feet and a chord that bears North 54 degrees 11
243	245		minutes 26 seconds East, a distance of 715.19 feet;
244	246		7. North 62 degrees 13 minutes 30 seconds East, a distance
245	247		of 399.39 feet to the most westerly end of a 100-foot cutback
246	248		located at the intersection of the said south right-of-way line and
247	249		the west right-of-way line of a portion of aforesaid F.M. 1314 (150
248	250		feet wide per widening) as recorded in C.F. No. 8715615 of the
249	251		O.P.R.R.P.M.C.;
250	252		Thence, with said west right-of-way line of F.M. 1314, the
251	253		following three (3) courses:
252	254		8. South 72 degrees 46 minutes 30 seconds East, a distance
253	255		of 141.42 feet;
254	256		9. South 27 degrees 46 minutes 30 seconds East, a distance
255	257		of 50.00 feet;
256	258		10. South 30 degrees 18 minutes 35 seconds East, a distance
257	259		of 565.28 feet to the southerly corner of aforesaid widening tract
258	260		and being in the former west right-of-way line of said F.M. 1314
259	261		(100 feet wide);
260	262		11. Thence, continuing with said west right-of-way line,
261	263		688.62 feet along the arc of a curve to the left, said curve having a
262	264		central angle of 06 degrees 49 minutes 36 seconds, a radius of
263	265		5,779.58 feet and a chord that bears South 31 degrees 11 minutes 18
264	266		seconds East, a distance of 688.21 feet;
265	267		12. Thence, continuing with said west right-of-way line,
266	268		South 34 degrees 36 minutes 06 seconds East, at a distance of 628.35
267	269		feet passing the south line of aforesaid Ransom House Survey and
268	270		north line of aforesaid Theodore Slade Survey, at a distance of
269	271		1,147.45 feet passing the southeast corner of aforesaid 141.2-acre
270	272		tract and northeast corner of aforesaid 60.00-acre tract, at a
271	273		distance of 2,041.48 feet passing the southeast corner of said
272	274		60.00-acre tract and northeast corner of aforesaid 90.00-acre
273	275		tract, continuing in all a total distance of 3,200.86 feet;
274	276		13. Thence, continuing with said west right-of-way line,
275	277		114.49 feet along the arc of a curve to the left, said curve having a
276	278		central angle of 02 degrees 15 minutes 02 seconds, a radius of
277	279		2,914.79 feet and a chord that bears South 35 degrees 43 minutes 51
278	280		seconds East, a distance of 114.48 feet to the Point of Beginning
279	281		and containing 287.74 acres of land.
280	282		SECTION 3. (a) The legal notice of the intention to
281	283		introduce this Act, setting forth the general substance of this
282	284		Act, has been published as provided by law, and the notice and a
283	285		copy of this Act have been furnished to all persons, agencies,
284	286		officials, or entities to which they are required to be furnished
285	287		under Section 59, Article XVI, Texas Constitution, and Chapter 313,
286	288		Government Code.
287	289		(b) The governor, one of the required recipients, has
288	290		submitted the notice and Act to the Texas Commission on
289	291		Environmental Quality.
290	292		(c) The Texas Commission on Environmental Quality has filed
291	293		its recommendations relating to this Act with the governor, the
292	294		lieutenant governor, and the speaker of the house of
293	295		representatives within the required time.
294	296		(d) All requirements of the constitution and laws of this
295	297		state and the rules and procedures of the legislature with respect
296	298		to the notice, introduction, and passage of this Act are fulfilled
297	299		and accomplished.
298	300		SECTION 4. (a) If this Act does not receive a two-thirds
299	301		vote of all the members elected to each house, Subchapter C, Chapter
300	302		7931A, Special District Local Laws Code, as added by Section 1 of
301	303		this Act, is amended by adding Section 7931A.0306 to read as
302	304		follows:
303	305		Sec. 7931A.0306. NO EMINENT DOMAIN POWER. The district may
304	306		not exercise the power of eminent domain.
305	307		(b) This section is not intended to be an expression of a
306	308		legislative interpretation of the requirements of Section 17(c),
307	309		Article I, Texas Constitution.
308	310		SECTION 5. This Act takes effect immediately if it receives
309	311		a vote of two-thirds of all the members elected to each house, as
310	312		provided by Section 39, Article III, Texas Constitution. If this
311	313		Act does not receive the vote necessary for immediate effect, this
312	314		Act takes effect September 1, 2021.
313		-	______________________________ ______________________________
314		-	President of the Senate Speaker of the House
315		-	I hereby certify that S.B. No. 2173 passed the Senate on
316		-	April 29, 2021, by the following vote: Yeas 31, Nays 0.
317		-	______________________________
318		-	Secretary of the Senate
319		-	I hereby certify that S.B. No. 2173 passed the House on
320		-	May 14, 2021, by the following vote: Yeas 106, Nays 39, two
321		-	present not voting.
322		-	______________________________
323		-	Chief Clerk of the House
324		-	Approved:
325		-	______________________________
326		-	Date
327		-	______________________________
328		-	Governor