Texas 2023 - 88th Regular

Texas House Bill HB5391 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 5391
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Montgomery County Municipal Utility
6	6	District No. 218; granting a limited power of eminent domain;
7	7	providing authority to issue bonds; providing authority to impose
8	8	assessments, fees, and taxes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle F, Title 6, Special District Local Laws
11	11	Code, is amended by adding Chapter 8025A to read as follows:
12	12	CHAPTER 8025A. MONTGOMERY COUNTY MUNICIPAL UTILITY
13	13	DISTRICT NO. 218
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 8025A.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 Municipal
21	21	Utility District No. 218.
22	22	Sec. 8025A.0102. NATURE OF DISTRICT. The district is a
23	23	municipal utility district created under Section 59, Article XVI,
24	24	Texas Constitution.
25	25	Sec. 8025A.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. 8025A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
30	30	temporary directors may not hold an election under Section
31	31	8025A.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 as required by
35	35	applicable law.
36	36	Sec. 8025A.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. 8025A.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. 8025A.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 8025A.0202, directors
62	62	serve staggered four-year terms.
63	63	Sec. 8025A.0202. TEMPORARY DIRECTORS. (a) The temporary
64	64	board consists of:
65	65	(1) Timothy Jones;
66	66	(2) Chris Howard;
67	67	(3) Jennifer Cleveland;
68	68	(4) Nikki Williams; and
69	69	(5) Jake Trice.
70	70	(b) Temporary directors serve until the earlier of:
71	71	(1) the date permanent directors are elected under
72	72	Section 8025A.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 8025A.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 8025A.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. 8025A.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. 8025A.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. 8025A.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. 8025A.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. 8025A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
121	121	ORDINANCE OR RESOLUTION. 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	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
127	127	Sec. 8025A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
128	128	The district may issue, without an election, bonds and other
129	129	obligations secured by:
130	130	(1) revenue other than ad valorem taxes; or
131	131	(2) contract payments described by Section
132	132	8025A.0403.
133	133	(b) The district must hold an election in the manner
134	134	provided by Chapters 49 and 54, Water Code, to obtain voter approval
135	135	before the district may impose an ad valorem tax or issue bonds
136	136	payable from ad valorem taxes.
137	137	(c) The district may not issue bonds payable from ad valorem
138	138	taxes to finance a road project unless the issuance is approved by a
139	139	vote of a two-thirds majority of the district voters voting at an
140	140	election held for that purpose.
141	141	Sec. 8025A.0402. OPERATION AND MAINTENANCE TAX. (a) If
142	142	authorized at an election held under Section 8025A.0401, the
143	143	district may impose an operation and maintenance tax on taxable
144	144	property in the district in accordance with Section 49.107, Water
145	145	Code.
146	146	(b) The board shall determine the tax rate. The rate may not
147	147	exceed the rate approved at the election.
148	148	Sec. 8025A.0403. CONTRACT TAXES. (a) In accordance with
149	149	Section 49.108, Water Code, the district may impose a tax other than
150	150	an operation and maintenance tax and use the revenue derived from
151	151	the tax to make payments under a contract after the provisions of
152	152	the contract have been approved by a majority of the district voters
153	153	voting at an election held for that purpose.
154	154	(b) A contract approved by the district voters may contain a
155	155	provision stating that the contract may be modified or amended by
156	156	the board without further voter approval.
157	157	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
158	158	Sec. 8025A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
159	159	OBLIGATIONS. The district may issue bonds or other obligations
160	160	payable wholly or partly from ad valorem taxes, impact fees,
161	161	revenue, contract payments, grants, or other district money, or any
162	162	combination of those sources, to pay for any authorized district
163	163	purpose.
164	164	Sec. 8025A.0502. TAXES FOR BONDS. At the time the district
165	165	issues bonds payable wholly or partly from ad valorem taxes, the
166	166	board shall provide for the annual imposition of a continuing
167	167	direct ad valorem tax, without limit as to rate or amount, while all
168	168	or part of the bonds are outstanding as required and in the manner
169	169	provided by Sections 54.601 and 54.602, Water Code.
170	170	Sec. 8025A.0503. BONDS FOR ROAD PROJECTS. At the time of
171	171	issuance, the total principal amount of bonds or other obligations
172	172	issued or incurred to finance road projects and payable from ad
173	173	valorem taxes may not exceed one-fourth of the assessed value of the
174	174	real property in the district.
175	175	SECTION 2. The Montgomery County Municipal Utility District
176	176	No. 218 initially includes all the territory contained in the
177	177	following area:
178	178	A METES & BOUNDS description of a certain 155.6 acre
179	179	(6,780,048 square feet) tract of land situated in the Archibald M.
180	180	Alexander Survey, Abstract No. 1, in Montgomery County, Texas,
181	181	being all of the called 155.6 acre tract conveyed to Magnolia Forest
182	182	TX, LLC, by deed recorded Clerk's File No. 2021020708, Montgomery
183	183	County Official Public Records, also being a portion of the
184	184	remainder of a called 190.65 acre tract conveyed to Randal A.
185	185	Hendricks, Trustee, by deed recorded in Volume 768, Page 535,
186	186	Montgomery County Deed Records; said 155.6 acre (6,780,048 square
187	187	feet) tract of land being more particularly described as follows
188	188	with all bearings being based on the Texas Coordinate System,
189	189	Central Zone, NAD 83:
190	190	BEGINNING at a 1/2-inch pinched iron pipe found, being an
191	191	interior corner of the remainder of said called 190.65 acre tract,
192	192	being the north corner of a called 9.5937 acre tract conveyed to
193	193	Matthew Christopher Doetsch and Sara-Anne Doetsch by deed recorded
194	194	in Clerk's File No. 2020013669, Montgomery County Official Public
195	195	Records, being on the southwest right-of-way line of Jackson Road
196	196	(based on a width of 100 feet) recorded in Volume 340, Page 175,
197	197	Montgomery County Deed Records, and being the easterly northeast
198	198	corner of the herein described tract;
199	199	THENCE, South 59°58'02" West, 929.16 feet to a 1-inch pinched
200	200	iron pipe found, being the northwest corner of said called 9.5937
201	201	acre tract and being an interior corner of the remainder of said
202	202	called 190.65 acre tract;
203	203	THENCE, South 25°02'43" West, 330.15 feet to a 1-inch pinched
204	204	iron pipe found, being an interior corner of the remainder of said
205	205	called 190.65 acre tract, being the southwest corner of said called
206	206	9.5937 acre tract, and being on the northeast line of the remainder
207	207	of said called 190.65 acre tract;
208	208	THENCE, South 64°02'02" East, at 366.28 feet passing the most
209	209	southerly corner of said called 9.5937 acre tract and the northwest
210	210	corner of a called 15.0463 acre tract conveyed to Yibiao Lu and Yi
211	211	Zhou by deed recorded in Clerk's File No. 2013103816, Montgomery
212	212	County Official Public Records, from which a 5/8- inch iron rod
213	213	(with cap) found bears North 34°04' East, 0.4 feet, at 1,102.42 feet
214	214	passing a 1/2-inch pinched iron pipe found, continuing for a total
215	215	distance of 1,583.62 feet to a 5/8-inch iron rod with cap found,
216	216	being the southeast corner of said called 15.0463 acre tract and
217	217	being the southwest corner of a called 10.011 acre tract conveyed to
218	218	Gunther Von Gynz-Rekowski and Kathrin Von Gynz-Rekowski by deed
219	219	recorded in Clerk's File No. 99005077, Montgomery County Official
220	220	Public Records of Real Property;
221	221	THENCE, North 76°39'11" East, at 653.42 feet passing a point
222	222	on the south line of said called 10.011 acre tract, from which a
223	223	5/8-inch iron rod found bears South 13°21' East, 1.8 feet,
224	224	continuing for a total distance of 742.36 feet to the southeast
225	225	corner of said called 10.011 acre tract, being an interior corner of
226	226	the remainder of said called 190.65 acre tract and being on the
227	227	southwest right-of-way line of said Jackson Road, from which a
228	228	5/8-inch iron rod found bears South 16°43' East, 1.6 feet;
229	229	THENCE, South 43°03'37" East, 1,745.92 feet to a 5/8-inch iron
230	230	rod with cap found, being the southeast corner of the remainder of
231	231	said called 190.65 acre tract, being the northeast corner of a
232	232	called 15.5190 acre tract (Tract I) conveyed to Charles Saunders by
233	233	deed recorded in Clerk's File No. 2020142207, Montgomery County
234	234	Official Public Records, being the northeast corner of a called
235	235	0.5487 acre tract (Tract II) conveyed to Charles Saunders by deed
236	236	recorded in Clerk's File No. 2020142207, Montgomery County
237	237	Official Public Records, being on the southwest right-of-way line
238	238	of said Jackson Road, and being the southeast corner of the herein
239	239	described tract, from which a 1/2-inch iron rod (with cap) found
240	240	bears South 87°57' West, 5.2 feet;
241	241	THENCE, South 87°56'36" West, 4,133.89 feet to a 1/2-inch iron
242	242	rod (with cap) found, being the northwest corner of said called
243	243	15.5190 acre tract (Tract I), being an interior corner of the
244	244	remainder of a called 7,395.018 acre tract conveyed to Charles
245	245	Eugene Campbell, individually and as independent executor of the
246	246	estate of Margie Campbell, deceased and as trustee of the exempt
247	247	Charles Eugene Campbell Marital Trust and as trustee of the
248	248	non-exempt Charles Eugene Campbell Marital Trust, by deed recorded
249	249	in Clerk's File No. 2002-136821, Montgomery County Official Public
250	250	Records of Real Property, being the southwest corner of the
251	251	remainder of said called 190.65 acre tract, and being the southwest
252	252	corner of the herein described tract;
253	253	THENCE, North 02°18'24" West, 1,349.49 feet to a 5/8-inch iron
254	254	rod with cap found, being on the east line of the remainder of said
255	255	called 7,395.018 acre tract and being on the west line of the
256	256	remainder of said called 190.65 acre tract;
257	257	THENCE, North 03°13'24" West, at 1,040.41 feet passing the
258	258	southwest corner of the remainder of a called 45.000 acre tract
259	259	described in substitute trustee's deed to Randal A. Hendricks,
260	260	Trustee recorded in Clerk's File No. 8820944, Montgomery County
261	261	Official Public Records of Real Property, being on the east line of
262	262	the remainder of said called 7,395.018 acre tract and being the
263	263	northwest corner of the remainder of said called 190.65 acre tract,
264	264	from which a 1/2-inch iron rod found bears South 86°47' West, 2.8
265	265	feet, continuing for a total distance of 1,488.14 feet to a 5/8-inch
266	266	iron rod found, being on the east line of the remainder of said
267	267	called 7,395.018 acre tract, being the northwest corner of the
268	268	remainder of said called 190.65 acre tract, being the southwest
269	269	corner of a called 11.67 acre tract conveyed to Walter Jewell Bell,
270	270	Jr. by deed recorded in Volume 825, Page 383, Montgomery County Deed
271	271	Records, and being the northwest corner of the herein described
272	272	tract;
273	273	THENCE, North 86°15'07" East, 1,661.40 feet to the southeast
274	274	corner of said called 11.67 acre tract, being the northeast corner
275	275	of the remainder of said called 190.65 acre tract, being on the
276	276	southwest right-of-way line of said Jackson Road, and being the
277	277	northerly northeast corner of the herein described tract, from
278	278	which a 1/2-inch iron rod found bears North 86°15' East, 0.5 feet;
279	279	THENCE, South 43°03'37" East, 318.43 feet to the POINT OF
280	280	BEGINNING, CONTAINING 155.6 acres (6,780,048 square feet) of land
281	281	in Montgomery County, Texas filed in the offices of Elevation Land
282	282	Solutions in The Woodlands, Texas.
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) If this Act does not receive a two-thirds
302	302	vote of all the members elected to each house, Subchapter C, Chapter
303	303	8025A, Special District Local Laws Code, as added by Section 1 of
304	304	this Act, is amended by adding Section 8025A.0306 to read as
305	305	follows:
306	306	Sec. 8025A.0306. NO EMINENT DOMAIN POWER. The district may
307	307	not exercise the power of eminent domain.
308	308	(b) This section is not intended to be an expression of a
309	309	legislative interpretation of the requirements of Section 17(c),
310	310	Article I, Texas Constitution.
311	311	SECTION 5. This Act takes effect immediately if it receives
312	312	a vote of two-thirds of all the members elected to each house, as
313	313	provided by Section 39, Article III, Texas Constitution. If this
314	314	Act does not receive the vote necessary for immediate effect, this
315	315	Act takes effect September 1, 2023.
316	316	______________________________ ______________________________
317	317	President of the Senate Speaker of the House
318	318	I certify that H.B. No. 5391 was passed by the House on May 9,
319	319	2023, by the following vote: Yeas 110, Nays 32, 2 present, not
320	320	voting.
321	321	______________________________
322	322	Chief Clerk of the House
323	323	I certify that H.B. No. 5391 was passed by the Senate on May
324	324	21, 2023, by the following vote: Yeas 27, Nays 4.
325	325	______________________________
326	326	Secretary of the Senate
327	327	APPROVED: _____________________
328	328	Date
329	329	_____________________
330	330	Governor