TX
Texas House Bill HB5316

Texas 2023 - 88th Regular

Texas House Bill HB5316 Compare Versions

OldNewDifferences
11 H.B. No. 5316
22
33
44 AN ACT
55 relating to the creation of the Montgomery County Municipal Utility
66 District No. 235; granting a limited power of eminent domain;
77 providing authority to issue bonds; providing authority to impose
88 assessments, fees, and taxes.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Subtitle F, Title 6, Special District Local Laws
1111 Code, is amended by adding Chapter 8016 to read as follows:
1212 CHAPTER 8016. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 235
1313 SUBCHAPTER A. GENERAL PROVISIONS
1414 Sec. 8016.0101. DEFINITIONS. In this chapter:
1515 (1) "Board" means the district's board of directors.
1616 (2) "Commission" means the Texas Commission on
1717 Environmental Quality.
1818 (3) "Director" means a board member.
1919 (4) "District" means the Montgomery County Municipal
2020 Utility District No. 235.
2121 Sec. 8016.0102. NATURE OF DISTRICT. The district is a
2222 municipal utility district created under Section 59, Article XVI,
2323 Texas Constitution.
2424 Sec. 8016.0103. CONFIRMATION AND DIRECTORS' ELECTION
2525 REQUIRED. The temporary directors shall hold an election to
2626 confirm the creation of the district and to elect five permanent
2727 directors as provided by Section 49.102, Water Code.
2828 Sec. 8016.0104. CONSENT OF MUNICIPALITY REQUIRED. The
2929 temporary directors may not hold an election under Section
3030 8016.0103 until each municipality in whose corporate limits or
3131 extraterritorial jurisdiction the district is located has
3232 consented by ordinance or resolution to the creation of the
3333 district and to the inclusion of land in the district.
3434 Sec. 8016.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
3535 (a) The district is created to serve a public purpose and benefit.
3636 (b) The district is created to accomplish the purposes of:
3737 (1) a municipal utility district as provided by
3838 general law and Section 59, Article XVI, Texas Constitution; and
3939 (2) Section 52, Article III, Texas Constitution, that
4040 relate to the construction, acquisition, improvement, operation,
4141 or maintenance of macadamized, graveled, or paved roads, or
4242 improvements, including storm drainage, in aid of those roads.
4343 Sec. 8016.0106. INITIAL DISTRICT TERRITORY. (a) The
4444 district is initially composed of the territory described by
4545 Section 2 of the Act enacting this chapter.
4646 (b) The boundaries and field notes contained in Section 2 of
4747 the Act enacting this chapter form a closure. A mistake made in the
4848 field notes or in copying the field notes in the legislative process
4949 does not affect the district's:
5050 (1) organization, existence, or validity;
5151 (2) right to issue any type of bond for the purposes
5252 for which the district is created or to pay the principal of and
5353 interest on a bond;
5454 (3) right to impose a tax; or
5555 (4) legality or operation.
5656 SUBCHAPTER B. BOARD OF DIRECTORS
5757 Sec. 8016.0201. GOVERNING BODY; TERMS. (a) The district is
5858 governed by a board of five elected directors.
5959 (b) Except as provided by Section 8016.0202, directors
6060 serve staggered four-year terms.
6161 Sec. 8016.0202. TEMPORARY DIRECTORS. (a) The temporary
6262 board consists of:
6363 (1) Natalie Simmons;
6464 (2) Page Barnes;
6565 (3) Sally Miller;
6666 (4) Kenneth Sessum Sr.; and
6767 (5) David Thomas.
6868 (b) Temporary directors serve until the earlier of:
6969 (1) the date permanent directors are elected under
7070 Section 8016.0103; or
7171 (2) the fourth anniversary of the effective date of
7272 the Act enacting this chapter.
7373 (c) If permanent directors have not been elected under
7474 Section 8016.0103 and the terms of the temporary directors have
7575 expired, successor temporary directors shall be appointed or
7676 reappointed as provided by Subsection (d) to serve terms that
7777 expire on the earlier of:
7878 (1) the date permanent directors are elected under
7979 Section 8016.0103; or
8080 (2) the fourth anniversary of the date of the
8181 appointment or reappointment.
8282 (d) If Subsection (c) applies, the owner or owners of a
8383 majority of the assessed value of the real property in the district
8484 may submit a petition to the commission requesting that the
8585 commission appoint as successor temporary directors the five
8686 persons named in the petition. The commission shall appoint as
8787 successor temporary directors the five persons named in the
8888 petition.
8989 SUBCHAPTER C. POWERS AND DUTIES
9090 Sec. 8016.0301. GENERAL POWERS AND DUTIES. The district
9191 has the powers and duties necessary to accomplish the purposes for
9292 which the district is created.
9393 Sec. 8016.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
9494 DUTIES. The district has the powers and duties provided by the
9595 general law of this state, including Chapters 49 and 54, Water Code,
9696 applicable to municipal utility districts created under Section 59,
9797 Article XVI, Texas Constitution.
9898 Sec. 8016.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
9999 52, Article III, Texas Constitution, the district may design,
100100 acquire, construct, finance, issue bonds for, improve, operate,
101101 maintain, and convey to this state, a county, or a municipality for
102102 operation and maintenance macadamized, graveled, or paved roads, or
103103 improvements, including storm drainage, in aid of those roads.
104104 Sec. 8016.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
105105 road project must meet all applicable construction standards,
106106 zoning and subdivision requirements, and regulations of each
107107 municipality in whose corporate limits or extraterritorial
108108 jurisdiction the road project is located.
109109 (b) If a road project is not located in the corporate limits
110110 or extraterritorial jurisdiction of a municipality, the road
111111 project must meet all applicable construction standards,
112112 subdivision requirements, and regulations of each county in which
113113 the road project is located.
114114 (c) If the state will maintain and operate the road, the
115115 Texas Transportation Commission must approve the plans and
116116 specifications of the road project.
117117 Sec. 8016.0305. COMPLIANCE WITH MUNICIPAL CONSENT
118118 ORDINANCE OR RESOLUTION. The district shall comply with all
119119 applicable requirements of any ordinance or resolution that is
120120 adopted under Section 54.016 or 54.0165, Water Code, and that
121121 consents to the creation of the district or to the inclusion of land
122122 in the district.
123123 SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
124124 Sec. 8016.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
125125 The district may issue, without an election, bonds and other
126126 obligations secured by:
127127 (1) revenue other than ad valorem taxes; or
128128 (2) contract payments described by Section 8016.0403.
129129 (b) The district must hold an election in the manner
130130 provided by Chapters 49 and 54, Water Code, to obtain voter approval
131131 before the district may impose an ad valorem tax or issue bonds
132132 payable from ad valorem taxes.
133133 (c) The district may not issue bonds payable from ad valorem
134134 taxes to finance a road project unless the issuance is approved by a
135135 vote of a two-thirds majority of the district voters voting at an
136136 election held for that purpose.
137137 Sec. 8016.0402. OPERATION AND MAINTENANCE TAX. (a) If
138138 authorized at an election held under Section 8016.0401, the
139139 district may impose an operation and maintenance tax on taxable
140140 property in the district in accordance with Section 49.107, Water
141141 Code.
142142 (b) The board shall determine the tax rate. The rate may not
143143 exceed the rate approved at the election.
144144 Sec. 8016.0403. CONTRACT TAXES. (a) In accordance with
145145 Section 49.108, Water Code, the district may impose a tax other than
146146 an operation and maintenance tax and use the revenue derived from
147147 the tax to make payments under a contract after the provisions of
148148 the contract have been approved by a majority of the district voters
149149 voting at an election held for that purpose.
150150 (b) A contract approved by the district voters may contain a
151151 provision stating that the contract may be modified or amended by
152152 the board without further voter approval.
153153 SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
154154 Sec. 8016.0501. AUTHORITY TO ISSUE BONDS AND OTHER
155155 OBLIGATIONS. The district may issue bonds or other obligations
156156 payable wholly or partly from ad valorem taxes, impact fees,
157157 revenue, contract payments, grants, or other district money, or any
158158 combination of those sources, to pay for any authorized district
159159 purpose.
160160 Sec. 8016.0502. TAXES FOR BONDS. At the time the district
161161 issues bonds payable wholly or partly from ad valorem taxes, the
162162 board shall provide for the annual imposition of a continuing
163163 direct ad valorem tax, without limit as to rate or amount, while all
164164 or part of the bonds are outstanding as required and in the manner
165165 provided by Sections 54.601 and 54.602, Water Code.
166166 Sec. 8016.0503. BONDS FOR ROAD PROJECTS. At the time of
167167 issuance, the total principal amount of bonds or other obligations
168168 issued or incurred to finance road projects and payable from ad
169169 valorem taxes may not exceed one-fourth of the assessed value of the
170170 real property in the district.
171171 SECTION 2. The Montgomery County Municipal Utility District
172172 No. 235 initially includes all the territory contained in the
173173 following area:
174174 Being a 149.1 acre tract of land located in the B.F. Winters
175175 Survey, Abstract No. 621 and the Matthew Morris Survey, Abstract
176176 No. 338 in Montgomery County, Texas; said 149.1 acre tract being a
177177 portion of a called 160.99 acre tract recorded in the name of Conroe
178178 1484, LLC under Clerk's File (C.F.) No. 2022150104 of the Official
179179 Public Records of Montgomery County (O.P.R.M.C.); said 149.1 acre
180180 tract being more particularly described by metes and bounds as
181181 follows (all bearings are referenced to the Texas Coordinate
182182 System, North American Datum of 1983 (NAD83), Central Zone):
183183 BEGINNING at a 5/8-inch iron rod with cap stamped "COSTELLO
184184 INC" found at the north corner of said 160.99 acre tract, the east
185185 corner of a called 5.47 acre tract recorded in the name of Asim and
186186 Faisal Shahzad under C.F. No. 2012082132 of the O.P.R.M.C., being
187187 on the southerly right-of-way (R.O.W.) line of F.M. 1484 (80-feet
188188 wide per Volume (Vol.) 344, Page 152 of the Montgomery County Deed
189189 Records (M.C.D.R.);
190190 Thence, with the southerly R.O.W. line of said FM 1484 the
191191 following five (5) courses:
192192 1. 866.55 feet along the arc of a curve to the right, said
193193 curve having a central angle of 54 degrees 15 minutes 26 seconds, a
194194 radius of 915.08 feet and a chord that bears South 74 degrees 20
195195 minutes 01 seconds East, a distance of 834.54 feet to a 5/8-inch
196196 iron rod with cap stamped "COSTELLO INC" found;
197197 2. South 47 degrees 12 minutes 18 seconds East, a distance
198198 of 236.50 feet to a 5/8-inch iron rod with cap stamped "COSTELLO
199199 INC" found;
200200 3. 354.05 feet along the arc of a curve to the right, said
201201 curve having a central angle of 22 degrees 10 minutes 00 seconds, a
202202 radius of 915.13 feet and a chord that bears South 36 degrees 07
203203 minutes 18 seconds East, a distance of 351.84 feet to a 5/8-inch
204204 iron rod with cap stamped "COSTELLO INC" found;
205205 4. South 25 degrees 02 minutes 18 seconds East, a distance
206206 of 236.30 feet to a 5/8-inch iron rod with cap stamped "COSTELLO
207207 INC" found;
208208 5. 329.69 feet along the arc of a curve to the left, said
209209 curve having a central angle of 18 degrees 59 minutes 07 seconds, a
210210 radius of 994.97 feet and a chord that bears South 34 degrees 31
211211 minutes 52 seconds East, a distance of 328.19 feet to a 5/8-inch
212212 iron rod with cap stamped "COSTELLO INC" found for the northeast
213213 corner of said 160.99 acre tract and the north corner of Valley
214214 Oaks, Section One, a subdivision recorded in Cabinet Q, Sheet 109 of
215215 the Montgomery County Plat Records;
216216 6. Thence, with the common line of said 160.99 acre tract
217217 and said Valley Oaks, Section One, South 41 degrees 29 minutes 36
218218 seconds West, a distance of 639.24 feet to a 5/8-inch iron rod with
219219 cap stamped "COSTELLO INC" found;
220220 7. Thence, with the northwest lines of said Valley Oaks,
221221 Section One and Valley Oaks, Section Two, an unrecorded
222222 subdivision, and the southeast line of said 160.99 acre tract,
223223 South 41 degrees 48 minutes 36 seconds West, a distance of 1,727.21
224224 feet to a 5/8-inch capped iron rod stamped "COSTELLO INC" found for
225225 the south corner of said 160.99 acre tract;
226226 8. Thence, with a southwest line of said 160.99 acre tract,
227227 North 47 degrees 56 minutes 11 seconds West, a distance of 339.76
228228 feet to a 3/4-inch iron rod found at an interior corner of said
229229 160.99 acre tract;
230230 9. Thence, with an interior line of said 160.99 acre tract,
231231 South 44 degrees 15 minutes 23 seconds West, at a distance of 382.76
232232 feet pass a 3/4-inch iron rod found for reference, continue in all a
233233 distance of 470.14 feet to the southeast corner of said 160.99 acre
234234 tract, same being on the centerline of Caney Creek;
235235 Thence, with the meanders of the centerline of Caney Creek
236236 the following twenty-one (22) courses:
237237 10. North 59 degrees 33 minutes 18 seconds West, a distance
238238 of 174.86 feet;
239239 11. South 80 degrees 55 minutes 47 seconds West, a distance
240240 of 200.00 feet;
241241 12. South 47 degrees 51 minutes 27 seconds West, a distance
242242 of 227.00 feet;
243243 13. North 52 degrees 25 minutes 33 seconds West, a distance
244244 of 100.00 feet;
245245 14. North 03 degrees 50 minutes 27 seconds East, a distance
246246 of 185.00 feet;
247247 15. North 43 degrees 01 minutes 33 seconds West, a distance
248248 of 120.00 feet;
249249 16. North 65 degrees 42 minutes 33 seconds West, a distance
250250 of 185.00 feet;
251251 17. South 82 degrees 21 minutes 27 seconds West, a distance
252252 of 100.00 feet;
253253 18. South 23 degrees 41 minutes 27 seconds West, a distance
254254 of 232.00 feet;
255255 19. South 57 degrees 01 minutes 27 seconds West, a distance
256256 of 112.00 feet;
257257 20. North 71 degrees 50 minutes 33 seconds West, a distance
258258 of 123.00 feet;
259259 21. North 27 degrees 55 minutes 33 seconds West, a distance
260260 of 138.00 feet;
261261 22. North 03 degrees 57 minutes 27 seconds East, a distance
262262 of 175.00 feet;
263263 23. North 43 degrees 04 minutes 33 seconds West, a distance
264264 of 238.00 feet;
265265 24. North 77 degrees 35 minutes 33 seconds West, a distance
266266 of 200.00 feet;
267267 25. North 21 degrees 40 minutes 33 seconds West, a distance
268268 of 80.00 feet;
269269 26. North 49 degrees 35 minutes 27 seconds East, a distance
270270 of 160.00 feet;
271271 27. North 31 degrees 31 minutes 33 seconds West, a distance
272272 of 134.00 feet;
273273 28. South 83 degrees 26 minutes 27 seconds West, a distance
274274 of 232.00 feet;
275275 29. South 51 degrees 32 minutes 27 seconds West, a distance
276276 of 174.30 feet;
277277 30. North 25 degrees 41 minutes 33 seconds West, a distance
278278 of 290.50 feet;
279279 31. North 07 degrees 58 minutes 15 seconds West, a distance
280280 of 97.30 feet to the southeast R.O.W. line of said FM 1484 (width
281281 varies per Vol. 344, Pg. 144 and Vol. 344, Pg. 147 of the M.C.D.R.,
282282 and C.F. No. 9325884 and 9325885 of the O.P.R.M.C.);
283283 Thence, with the southeast R.O.W. line of said FM 1484 the
284284 following two (2) courses:
285285 32. North 64 degrees 28 minutes 00 seconds East, a distance
286286 of 450.50 feet to a 5/8-inch iron rod with cap stamped "COSTELLO
287287 INC" found;
288288 33. 232.59 feet along the arc of a curve to the left, said
289289 curve having a central angle of 12 degrees 45 minutes 13 seconds, a
290290 radius of 1,044.93 feet and a chord that bears North 55 degrees 28
291291 minutes 49 seconds East, a distance of 232.11 feet;
292292 34. Thence, through said 160.99 acre tract, South 49 degrees
293293 35 minutes 33 seconds East, a distance of 575.87 feet;
294294 35. Thence, continuing through said 160.99 acre tract,
295295 North 41 degrees 55 minutes 01 seconds East, at a distance of 801.87
296296 feet pass the south corner of a called 5.255 acre tract recorded in
297297 the name of Michael Chardwick Et Ux. under C.F. No. 81-03320 of the
298298 O.P.R.M.C., at a distance of 1,095.65 feet pass the south corner of
299299 a called 3.5567 acre tract recorded in the name of David Hernandez
300300 under C.F. No. 2002102847 of the O.P.R.M.C, at a distance of
301301 1,295.06 feet pass a 1/2-inch iron rod found at the south corner of
302302 a called 4.35 acre tract recorded in the name of Andrew S. Gordon
303303 and Jessica Faye Taylor under C.F. No. 2020045361 of the
304304 O.P.R.M.C., at a distance of 1,751.38 feet pass a 3/4-inch iron rod
305305 found at the south corner of aforesaid 5.47 acre tract, continue in
306306 all a distance of 2,664.84 feet to the Point of Beginning and
307307 containing 149.1 acres of land.
308308 SECTION 3. (a) The legal notice of the intention to
309309 introduce this Act, setting forth the general substance of this
310310 Act, has been published as provided by law, and the notice and a
311311 copy of this Act have been furnished to all persons, agencies,
312312 officials, or entities to which they are required to be furnished
313313 under Section 59, Article XVI, Texas Constitution, and Chapter 313,
314314 Government Code.
315315 (b) The governor, one of the required recipients, has
316316 submitted the notice and Act to the Texas Commission on
317317 Environmental Quality.
318318 (c) The Texas Commission on Environmental Quality has filed
319319 its recommendations relating to this Act with the governor, the
320320 lieutenant governor, and the speaker of the house of
321321 representatives within the required time.
322322 (d) All requirements of the constitution and laws of this
323323 state and the rules and procedures of the legislature with respect
324324 to the notice, introduction, and passage of this Act are fulfilled
325325 and accomplished.
326326 SECTION 4. (a) If this Act does not receive a two-thirds
327327 vote of all the members elected to each house, Subchapter C, Chapter
328328 8016, Special District Local Laws Code, as added by Section 1 of
329329 this Act, is amended by adding Section 8016.0306 to read as follows:
330330 Sec. 8016.0306. NO EMINENT DOMAIN POWER. The district may
331331 not exercise the power of eminent domain.
332332 (b) This section is not intended to be an expression of a
333333 legislative interpretation of the requirements of Section 17(c),
334334 Article I, Texas Constitution.
335335 SECTION 5. This Act takes effect immediately if it receives
336336 a vote of two-thirds of all the members elected to each house, as
337337 provided by Section 39, Article III, Texas Constitution. If this
338338 Act does not receive the vote necessary for immediate effect, this
339339 Act takes effect September 1, 2023.
340340 ______________________________ ______________________________
341341 President of the Senate Speaker of the House
342342 I certify that H.B. No. 5316 was passed by the House on May 9,
343343 2023, by the following vote: Yeas 108, Nays 34, 2 present, not
344344 voting.
345345 ______________________________
346346 Chief Clerk of the House
347347 I certify that H.B. No. 5316 was passed by the Senate on May
348348 24, 2023, by the following vote: Yeas 27, Nays 3, 1 present, not
349349 voting.
350350 ______________________________
351351 Secretary of the Senate
352352 APPROVED: _____________________
353353 Date
354354 _____________________
355355 Governor