Texas 2023 - 88th Regular

Texas House Bill HB5318 Compare Versions

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1	1	H.B. No. 5318
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Montgomery County Water Control and
6	6	Improvement District No. 6; granting a limited power of eminent
7	7	domain; providing authority to issue bonds; providing authority to
8	8	impose assessments, fees, and taxes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle I, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 9058 to read as follows:
12	12	CHAPTER 9058. MONTGOMERY COUNTY WATER CONTROL AND IMPROVEMENT
13	13	DISTRICT NO. 6
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 9058.0101. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Commission" means the Texas Commission on
18	18	Environmental Quality.
19	19	(3) "Director" means a board member.
20	20	(4) "District" means the Montgomery County Water
21	21	Control and Improvement District No. 6.
22	22	Sec. 9058.0102. NATURE OF DISTRICT. The district is a water
23	23	control and improvement district created under Section 59, Article
24	24	XVI, Texas Constitution.
25	25	Sec. 9058.0103. CONFIRMATION AND DIRECTOR ELECTION
26	26	REQUIRED. The temporary directors shall hold an election to
27	27	confirm the creation of the district and to elect five permanent
28	28	directors as provided by Section 49.102, Water Code.
29	29	Sec. 9058.0104. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section
31	31	9058.0103 until each municipality in whose corporate limits or
32	32	extraterritorial jurisdiction the district is located has
33	33	consented by ordinance or resolution to the creation of the
34	34	district and to the inclusion of land in the district.
35	35	Sec. 9058.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
36	36	(a) The district is created to serve a public purpose and benefit.
37	37	(b) The district is created to accomplish the purposes of:
38	38	(1) a water control and improvement district as
39	39	provided by general law and Section 59, Article XVI, Texas
40	40	Constitution, including the collection, transportation,
41	41	processing, disposal, and control of domestic, industrial, or
42	42	communal waste and the gathering, conducting, diverting, and
43	43	control of local stormwater or other harmful excesses of water; and
44	44	(2) Section 52, Article III, Texas Constitution, that
45	45	relate to the construction, acquisition, improvement, operation,
46	46	or maintenance of macadamized, graveled, or paved roads, or
47	47	improvements, including storm drainage, in aid of those roads.
48	48	Sec. 9058.0106. INITIAL DISTRICT TERRITORY. (a) The
49	49	district is initially composed of the territory described by
50	50	Section 2 of the Act enacting this chapter.
51	51	(b) The boundaries and field notes contained in Section 2 of
52	52	the Act enacting this chapter form a closure. A mistake made in the
53	53	field notes or in copying the field notes in the legislative process
54	54	does not affect the district's:
55	55	(1) organization, existence, or validity;
56	56	(2) right to issue any type of bond for the purposes
57	57	for which the district is created or to pay the principal of and
58	58	interest on a bond;
59	59	(3) right to impose a tax; or
60	60	(4) legality or operation.
61	61	SUBCHAPTER B. BOARD OF DIRECTORS
62	62	Sec. 9058.0201. GOVERNING BODY; TERMS. (a) The district is
63	63	governed by a board of five elected directors.
64	64	(b) Except as provided by Section 9058.0202, directors
65	65	serve staggered four-year terms.
66	66	Sec. 9058.0202. TEMPORARY DIRECTORS. (a) On or after the
67	67	effective date of the Act enacting this chapter, the owner or owners
68	68	of a majority of the assessed value of the real property in the
69	69	district may submit a petition to the commission requesting that
70	70	the commission appoint as temporary directors the five persons
71	71	named in the petition. The commission shall appoint as temporary
72	72	directors the five persons named in the petition.
73	73	(b) Temporary directors serve until the earlier of:
74	74	(1) the date permanent directors are elected under
75	75	Section 9058.0103; or
76	76	(2) the fourth anniversary of the effective date of
77	77	the Act enacting this chapter.
78	78	(c) If permanent directors have not been elected under
79	79	Section 9058.0103 and the terms of the temporary directors have
80	80	expired, successor temporary directors shall be appointed or
81	81	reappointed as provided by Subsection (d) to serve terms that
82	82	expire on the earlier of:
83	83	(1) the date permanent directors are elected under
84	84	Section 9058.0103; or
85	85	(2) the fourth anniversary of the date of the
86	86	appointment or reappointment.
87	87	(d) If Subsection (c) applies, the owner or owners of a
88	88	majority of the assessed value of the real property in the district
89	89	may submit a petition to the commission requesting that the
90	90	commission appoint as successor temporary directors the five
91	91	persons named in the petition. The commission shall appoint as
92	92	successor temporary directors the five persons named in the
93	93	petition.
94	94	SUBCHAPTER C. POWERS AND DUTIES
95	95	Sec. 9058.0301. GENERAL POWERS AND DUTIES. The district
96	96	has the powers and duties necessary to accomplish the purposes for
97	97	which the district is created.
98	98	Sec. 9058.0302. WATER CONTROL AND IMPROVEMENT DISTRICT
99	99	POWERS AND DUTIES. The district has the powers and duties provided
100	100	by the general law of this state, including Chapters 49 and 51,
101	101	Water Code, applicable to water control and improvement districts
102	102	created under Section 59, Article XVI, Texas Constitution, and
103	103	specifically including the powers and duties authorized under
104	104	Subchapter H, Chapter 51, Water Code.
105	105	Sec. 9058.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
106	106	52, Article III, Texas Constitution, the district may design,
107	107	acquire, construct, finance, issue bonds for, improve, operate,
108	108	maintain, and convey to this state, a county, or a municipality for
109	109	operation and maintenance macadamized, graveled, or paved roads, or
110	110	improvements, including storm drainage, in aid of those roads.
111	111	Sec. 9058.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
112	112	road project must meet all applicable construction standards,
113	113	zoning and subdivision requirements, and regulations of each
114	114	municipality in whose corporate limits or extraterritorial
115	115	jurisdiction the road project is located.
116	116	(b) If a road project is not located in the corporate limits
117	117	or extraterritorial jurisdiction of a municipality, the road
118	118	project must meet all applicable construction standards,
119	119	subdivision requirements, and regulations of each county in which
120	120	the road project is located.
121	121	(c) If the state will maintain and operate the road, the
122	122	Texas Transportation Commission must approve the plans and
123	123	specifications of the road project.
124	124	Sec. 9058.0305. COMPLIANCE WITH MUNICIPAL CONSENT
125	125	ORDINANCE OR RESOLUTION. The district shall comply with all
126	126	applicable requirements of any ordinance or resolution that is
127	127	adopted under Section 42.042 or 42.0425, Local Government Code, and
128	128	consents to the creation of the district or to the inclusion of land
129	129	in the district.
130	130	Sec. 9058.0306. LIMITATION ON USE OF EMINENT DOMAIN. The
131	131	district may not exercise the power of eminent domain outside the
132	132	district boundaries to acquire a site or easement for:
133	133	(1) a recreational facility, as defined by Section
134	134	49.462, Water Code; or
135	135	(2) a road project authorized by Section 9058.0303.
136	136	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
137	137	Sec. 9058.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
138	138	The district may issue, without an election, bonds and other
139	139	obligations secured by:
140	140	(1) revenue other than ad valorem taxes; or
141	141	(2) contract payments described by Section 9058.0403.
142	142	(b) The district must hold an election in the manner
143	143	provided by Chapters 49 and 51, Water Code, to obtain voter approval
144	144	before the district may impose an ad valorem tax or issue bonds
145	145	payable from ad valorem taxes.
146	146	(c) The district may not issue bonds payable from ad valorem
147	147	taxes to finance a road project unless the issuance is approved by a
148	148	vote of a two-thirds majority of the district voters voting at an
149	149	election held for that purpose.
150	150	Sec. 9058.0402. OPERATION AND MAINTENANCE TAX. (a) If
151	151	authorized at an election held under Section 9058.0401, the
152	152	district may impose an operation and maintenance tax on taxable
153	153	property in the district in accordance with Section 49.107, Water
154	154	Code.
155	155	(b) The board shall determine the tax rate. The rate may not
156	156	exceed the rate approved at the election.
157	157	Sec. 9058.0403. CONTRACT TAXES. (a) In accordance with
158	158	Section 49.108, Water Code, the district may impose a tax other than
159	159	an operation and maintenance tax and use the revenue derived from
160	160	the tax to make payments under a contract after the provisions of
161	161	the contract have been approved by a majority of the district voters
162	162	voting at an election held for that purpose.
163	163	(b) A contract approved by the district voters may contain a
164	164	provision stating that the contract may be modified or amended by
165	165	the board without further voter approval.
166	166	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
167	167	Sec. 9058.0501. AUTHORITY TO ISSUE BONDS AND OTHER
168	168	OBLIGATIONS. The district may issue bonds or other obligations
169	169	payable wholly or partly from ad valorem taxes, impact fees,
170	170	revenue, contract payments, grants, or other district money, or any
171	171	combination of those sources, to pay for any authorized district
172	172	purpose.
173	173	Sec. 9058.0502. TAXES FOR BONDS. At the time the district
174	174	issues bonds payable wholly or partly from ad valorem taxes, the
175	175	board shall provide for the annual imposition of a continuing
176	176	direct ad valorem tax, without limit as to rate or amount, while all
177	177	or part of the bonds are outstanding as required and in the manner
178	178	provided by Chapter 51, Water Code.
179	179	Sec. 9058.0503. BONDS FOR ROAD PROJECTS. At the time of
180	180	issuance, the total principal amount of bonds or other obligations
181	181	issued or incurred to finance road projects and payable from ad
182	182	valorem taxes may not exceed one-fourth of the assessed value of the
183	183	real property in the district.
184	184	Sec. 9058.0504. BONDS FOR RECREATIONAL FACILITIES. (a)
185	185	The district may develop recreational facilities and issue bonds
186	186	for recreational facilities as provided by Chapter 49, Water Code,
187	187	regardless of whether the district's territory overlaps with the
188	188	territory of a political subdivision that is authorized to develop
189	189	recreational facilities and issue bonds for recreational
190	190	facilities under Chapter 49, Water Code.
191	191	(b) The authority of the district to develop recreational
192	192	facilities and issue bonds for recreational facilities under this
193	193	section does not limit the authority of another political
194	194	subdivision whose territory the territory of the district may
195	195	overlap, wholly or partly, to develop recreational facilities and
196	196	issue bonds for recreational facilities under Chapter 49, Water
197	197	Code.
198	198	SECTION 2. The Montgomery County Water Control and
199	199	Improvement District No. 6 initially includes all the territory
200	200	contained in the following area:
201	201	Being 299 acres of land, more or less, located in the Raleigh
202	202	Rogers Survey, Abstract 33, Montgomery County, Texas, out of land
203	203	conveyed to Homeplace Lands, LLC, as recorded under Clerk's File
204	204	No. 2012125424 of the Official Public Records of Real Property,
205	205	Montgomery County, Texas, (O.P.R.M.C.), being comprised of two (2)
206	206	tracts as described below; said 299 acres, more or less, being more
207	207	particularly described as follows, with all bearings referenced to
208	208	the Texas Coordinate System, Central Zone, NAD83 (NA2011) Epoch
209	209	2010.00:
210	210	TRACT 1: 105 Acres
211	211	BEGINNING at the northeast corner of the herein described
212	212	tract, lying in a southwesterly line of the BN & SF Railroad
213	213	right-of-way, from which the northwest corner of a 216.521 acre
214	214	tract, as defined under Clerk's File No. 2012125424 of the
215	215	O.P.R.M.C., also being the southwest corner of land conveyed to
216	216	Douglas B. & Carolyn Lee as recorded under Clerk's File
217	217	No. 2014125321 of the O.P.R.M.C., bears NORTH 86 degrees 42 minutes
218	218	33 seconds EAST, 2,038.61 feet;
219	219	THENCE SOUTHEASTERLY with and adjoining said southwesterly
220	220	line of said BN & SF Railroad right-of-way line approximately 2,789
221	221	feet, more or less, to the southeast corner of the hereon described
222	222	tract, lying in a northerly line of land as described in a warranty
223	223	deed to Earle T. McCants and Edward W. McCants as recorded under
224	224	Clerk's File No. 99002183 of the Official Public Records of Real
225	225	Property Montgomery County, Texas (O.P.R.R.P.M.C.);
226	226	THENCE WESTERLY approximately 3,351 feet, more or less, with
227	227	and adjoining a northerly line of said Earle T. McCants and Edward
228	228	W. McCants tract to the southwest corner of the herein described
229	229	tract, also being a northerly interior corner of said McCants
230	230	tract;
231	231	THENCE NORTHERLY at approximately 918.7 feet, passing a
232	232	northerly corner of said Earle T. McCants and Edward W. McCants
233	233	tract, and continuing a total distance of 1,989 feet, more or less,
234	234	to the northwest corner of the herein described tract;
235	235	THENCE EASTERLY approximately 1,425 feet, more or less, to
236	236	the POINT OF BEGINNING, and containing approximately 105 acres of
237	237	land. This document was prepared under 22 Texas Administrative Code §
238	238	138.95, does not reflect the results of an on the ground survey,
239	239	and is not to be used to convey or establish interests in real
240	240	property except those rights and interests implied or established
241	241	by the creation or reconfiguration of the boundary of the political
242	242	subdivision for which it was prepared.
243	243	TRACT 2:194 Acres
244	244	BEGINNING at a southeast corner of a tract, conveyed to David
245	245	L. and Cathy L. Messecar, as recorded under Clerk's File
246	246	No. 9626214 of the Official Public Records of Real Property
247	247	Montgomery County, Texas (O.P.R.R.P.M.C.), also being the
248	248	southwest corner of an 18.984 acre tract as described under Clerk's
249	249	File No. 2012125424 of the Official Public Records Montgomery
250	250	County, Texas (O.P.R.M.C.), lying in the westerly right-of-way line
251	251	of F.M. 2854;
252	252	THENCE SOUTH 52 degrees 53 minutes 12 seconds EAST,
253	253	approximately 353 feet, more or less, to an easterly corner of the
254	254	herein described tract, lying in a northwesterly line of a 2.9785
255	255	acre tract as defined under Clerk's File No. 2018005218 of the
256	256	O.P.R.M.C.;
257	257	THENCE SOUTHWESTERLY approximately 699 feet, more or less,
258	258	with and adjoining said northwesterly line of the 2.9785 acre
259	259	tract, to a point of curvature and easterly corner of the herein
260	260	described tract;
261	261	THENCE SOUTHERLY approximately 448 feet, more or less, along
262	262	a curve to the left, with and adjoining said northwesterly line of
263	263	the 2.9785 acre tract;
264	264	THENCE SOUTHEASTERLY approximately 154 feet, more or less,
265	265	with and adjoining said northwesterly line of the 2.9785 acre
266	266	tract, and a northerly line of a 123.962 acre tract as recorded
267	267	under Clerk's File No. 2009-017518 of the O.P.R.M.C., to the
268	268	centerline meanders of a tributary ditch of MOUND CREEK, also being
269	269	a northerly corner of said 123.962 acre tract and an easterly corner
270	270	of the herein described tract;
271	271	THENCE SOUTHWESTERLY approximately 2,392 feet, more or less,
272	272	with and adjoining the northerly line of said 123.962 acre tract and
273	273	the centerline meanders of a tributary ditch of MOUND CREEK, to a
274	274	southerly corner of the herein described tract;
275	275	THENCE SOUTHERLY approximately 571 feet, more or less, with
276	276	and adjoining a westerly line of said 123.962 acre tract, to a
277	277	southerly corner of the herein described tract, also being the
278	278	northeast corner of a 3.50 acre tract as defined under Clerk's File
279	279	No. 214046987 of the O.P.R.M.C.;
280	280	THENCE WESTERLY approximately 342 feet, more or less, with
281	281	and adjoining the north line of said 3.50 acre tract, to a southerly
282	282	corner of the herein defined tract;
283	283	THENCE SOUTHWESTERLY approximately 247 feet, more or less,
284	284	with and adjoining a westerly line of said 3.50 acre tract, to a
285	285	southerly of the herein defined tract, lying in a northeasterly
286	286	line of the BN & SF Railroad right-of-way;
287	287	THENCE NORTHWESTERLY approximately 4,144 feet, more or less,
288	288	with and adjoining said northeasterly line of the BN & SF Railroad
289	289	right-of-way, to the northwest corner of the herein described
290	290	tract;
291	291	THENCE NORTH 86 degrees 42 minutes 33 seconds EAST,
292	292	approximately 1,908 feet, more or less, to the northwest corner of a
293	293	216.521 acre tract, as defined under Clerk's File No. 2012125424 of
294	294	the O.P.R.M.C., also being the southwest corner of land conveyed to
295	295	Douglas B. & Carolyn Lee as recorded under Clerk's File
296	296	No. 2014125321 of the O.P.R.M.C., and being a northerly corner of
297	297	the herein described tract;
298	298	THENCE EASTERLY approximately 3,227 feet, more or less, with
299	299	and adjoining the southerly line of said Douglas B. & Carolyn Lee
300	300	tact and a southerly line of said David L. and Cathy L. Messecar
301	301	tract, to the POINT OF BEGINNING, and containing approximately 194
302	302	acres. This document was prepared under 22 Texas Administrative
303	303	Code §138.95, does not reflect the results of an on the ground
304	304	survey, and is not to be used to convey or establish interests in
305	305	real property except those rights and interests implied or
306	306	established by the creation or reconfiguration of the boundary of
307	307	the political subdivision for which it was prepared.
308	308	SECTION 3. (a) The legal notice of the intention to
309	309	introduce this Act, setting forth the general substance of this
310	310	Act, has been published as provided by law, and the notice and a
311	311	copy of this Act have been furnished to all persons, agencies,
312	312	officials, or entities to which they are required to be furnished
313	313	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
314	314	Government Code.
315	315	(b) The governor, one of the required recipients, has
316	316	submitted the notice and Act to the Texas Commission on
317	317	Environmental Quality.
318	318	(c) The Texas Commission on Environmental Quality has filed
319	319	its recommendations relating to this Act with the governor, the
320	320	lieutenant governor, and the speaker of the house of
321	321	representatives within the required time.
322	322	(d) All requirements of the constitution and laws of this
323	323	state and the rules and procedures of the legislature with respect
324	324	to the notice, introduction, and passage of this Act are fulfilled
325	325	and accomplished.
326	326	SECTION 4. (a) Section 9058.0306, Special District Local
327	327	Laws Code, as added by Section 1 of this Act, takes effect only if
328	328	this Act receives a two-thirds vote of all the members elected to
329	329	each house.
330	330	(b) If this Act does not receive a two-thirds vote of all the
331	331	members elected to each house, Subchapter C, Chapter 9058, Special
332	332	District Local Laws Code, as added by Section 1 of this Act, is
333	333	amended by adding Section 9058.0306 to read as follows:
334	334	Sec. 9058.0306. NO EMINENT DOMAIN POWER. The district may
335	335	not exercise the power of eminent domain.
336	336	(c) This section is not intended to be an expression of a
337	337	legislative interpretation of the requirements of Section 17(c),
338	338	Article I, Texas Constitution.
339	339	SECTION 5. This Act takes effect immediately if it receives
340	340	a vote of two-thirds of all the members elected to each house, as
341	341	provided by Section 39, Article III, Texas Constitution. If this
342	342	Act does not receive the vote necessary for immediate effect, this
343	343	Act takes effect September 1, 2023.
344	344	______________________________ ______________________________
345	345	President of the Senate Speaker of the House
346	346	I certify that H.B. No. 5318 was passed by the House on May 2,
347	347	2023, by the following vote: Yeas 112, Nays 33, 2 present, not
348	348	voting.
349	349	______________________________
350	350	Chief Clerk of the House
351	351	I certify that H.B. No. 5318 was passed by the Senate on May
352	352	21, 2023, by the following vote: Yeas 27, Nays 4.
353	353	______________________________
354	354	Secretary of the Senate
355	355	APPROVED: _____________________
356	356	Date
357	357	_____________________
358	358	Governor