89R15853 ANG-F
By: Metcalf H.B. No. 5654
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Montgomery County Municipal Utility
District No. 263; granting a limited power of eminent domain;
providing authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8016A to read as follows:
CHAPTER 8016A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
NO. 263
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8016A.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Montgomery County Municipal
Utility District No. 263.
Sec. 8016A.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8016A.0103. CONFIRMATION AND DIRECTOR ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 8016A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8016A.0103 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district as required by
applicable law.
Sec. 8016A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 8016A.0106. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8016A.0201. GOVERNING BODY; TERMS. (a) The district
is governed by a board of five elected directors.
(b) Except as provided by Section 8016A.0202, directors
serve staggered four-year terms.
Sec. 8016A.0202. TEMPORARY DIRECTORS. (a) On or after
January 1, 2026, the owner or owners of a majority of the assessed
value of the real property in the district may submit a petition to
the commission requesting that the commission appoint as temporary
directors the five persons named in the petition. The commission
shall appoint as temporary directors the five persons named in the
petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8016A.0103; or
(2) January 1, 2030.
(c) If permanent directors have not been elected under
Section 8016A.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 8016A.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8016A.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8016A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 8016A.0303. AUTHORITY FOR ROAD PROJECTS. Under
Section 52, Article III, Texas Constitution, the district may
design, acquire, construct, finance, issue bonds for, improve,
operate, maintain, and convey to this state, a county, or a
municipality for operation and maintenance macadamized, graveled,
or paved roads, or improvements, including storm drainage, in aid
of those roads.
Sec. 8016A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 8016A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
Sec. 8016A.0306. DIVISION OF DISTRICT. This chapter
applies to any new district created by the division of the district
under Section 49.316, Water Code, and a new district has all the
powers and duties of the district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8016A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section
8016A.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 8016A.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8016A.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 8016A.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 8016A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 8016A.0502. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 8016A.0503. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Montgomery County Municipal Utility District
No. 263 initially includes all the territory contained in the
following area:
BEING a 87.24 acre tract of land in the John Corner Survey,
Abstract 8, Montgomery County, Texas, and being all of a called
6.795 acre tract of land as recorded in Montgomery County Clerk's
File No. 2016-115162, all of a called 2.538 acre tract as recorded
under Montgomery County Clerk's File No. 2017-004689, all of a
called 3.874 acre tract as recorded in Montgomery County Clerk's
File No. 9810532, all of a called 51.052 acre tract as recorded in
County Clerk's File No. 2016-053457, a portion of a called 7.03
acre tract of land as recorded in County Clerk's File
No. 2021-055312, and a portion of a called 26.11 acre tract of land
as recorded in County Clerk's File No. 2020-099492. Said 87.24 acre
tract being more particularly described as follows, with all
bearings and grid coordinates referenced to NAD '83 Texas Central
Zone
COMMENCING at a 5/8" iron rod found { N: 10134219.32, E:
3770074.82} on the southerly Right of Way of State Highway 105, for
the northwesterly corner of the JW Jolene Subdivision as recorded
in Cabinet Z Sheet 6077 of the County Map Records, also being the
northeasterly corner of the said 26.11 acre tract
THENCE S 09deg 54'13" W a distance of 807.15 feet along the
westerly line of the JW Jolene Subdivision to a 5/8" iron rod found
for the southwesterly corner of JW Jolene Subdivision and the POINT
OF BEGINNING of the herein described tract;
THENCE S 79deg 28'19" E a distance of 321.02 feet along the
southerly line of the JW Jolene Subdivision, to a 5/8" iron rod
found for the southeasterly corner of the said JW Jolene
Subdivision, also being the southwesterly corner of a called 3.50
acre tract of land as recorded in County Clerk's File No. 9356111;
THENCE S 79deg 46'38" E a distance of 189.11 feet along the
southerly line of the said 3.50 acre tract, to a 5/8" iron rod found
on the westerly line of Roman Hills Subdivision, Section 1 as
recorded in Cabinet A, Sheet 81 of the County Map Records;
THENCE along the westerly line of Roman Hills Subdivision
Section 1 the following:
THENCE S 52deg 21'56" W a distance of 32.70 feet;
THENCE S 21deg 37'14" W a distance of 369.55 feet;
THENCE S 56deg 37'54" W a distance of 1220.44 feet;
THENCE N 80deg 51'39" W a distance of 9.37 feet to the
southeasterly corner of a called 11.06 acre tract of land as
recorded in County Clerk's File No. 2020-142820
THENCE N 09deg 54'13" E a distance of 794.76 feet along the
easterly line of the said 11.06 acre tract to a 5/8" iron rod found
for the northeasterly corner of the said 11.06 acre tract;
THENCE N 80deg 05'47" W a distance of 600.00 feet to a 5/8"
iron rod found for the northwesterly corner of the said 11.06 acre
tract;
THENCE S 09deg 54'12" W a distance of 812.79 feet along the
westerly line of the said 11.06 to a 1/2" iron rod for the
southwesterly corner of the said 11.06 acre tract, on the northerly
line of a called 104.5 acre tract of land as recorded in County
Clerk's File No. 2022-122722;
THENCE N 80deg 07'54" W a distance of 1075.26 feet along the
northerly line of the said 104.5 acre tract to a 5/8" iron rod found
for the southwesterly corner of the said 51.052 acre tract;
THENCE N 09deg 54'32" E a distance of 416.02 feet along the
westerly line of the said 51.052 acre tract to the southeasterly
corner of the said 3.874 acre tract;
THENCE N 80deg 07'20" W a distance of 10.57 feet to a 60' Right
of Way known as Club Drive and recorded in County Clerk's File
No. 9219822;
THENCE along the northeasterly line of Club Drive the
following:
THENCE N 09deg 52'40" E a distance of 204.93 feet;
THENCE with a curve turning to the left with an arc length of
1042.73', with a radius of 1082.90', with a chord bearing of N 17deg
42'39" W, with a chord length of 1002.91';
THENCE N 45deg 10'35" W a distance of 458.77 feet;
THENCE with a curve turning to the right with an arc length of
322.04', with a radius of 337.41', with a chord bearing of N 17deg
51'07" W, with a chord length of 309.95' to the southerly Right of
Way of State Highway No. 105 and being the northwesterly corner of
the herein described tract;
THENCE along the southerly line of State Highway No 105 the
following:
THENCE S 80deg 28'30" E a distance of 43.41 feet;
THENCE S 80deg 27'13" E a distance of 649.95 feet;
THENCE S 83deg 59'40" E a distance of 151.78 feet;
THENCE S 83deg 46'05" E a distance of 150.43 feet;
THENCE S 80deg 12'35" E a distance of 306.70 feet;
THENCE S 69deg 41'13" E a distance of 216.36 feet;
THENCE N 19deg 48'21" E a distance of 40.00 feet;
THENCE S 80deg 07'48" E a distance of 550.86 feet to the
northwesterly corner of a called 3.948 acre tract of land as
recorded in County Clerk's File No. 2016-102606;
THENCE S 09 deg 57'38" W a distance of 867.19 feet to the
southwesterly corner of the said 3.948 acre tract;
THENCE S 80deg 05'47" E a distance of 200.00 feet to the
southeasterly corner of the said 3.948 acre tract;
THENCE N 09deg 54'13" E a distance of 50.68 feet to a point
along the easterly line of the said 3.948 acre tract;
THENCE S 79deg 28'19" E a distance of 885.05 across the said
7.03 acre tract and the said 26.11 acre tract, to the POINT OF
BEGINNING, and containing 87.24 acres of land, more or less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
8016A, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8016A.0307 to read as
follows:
Sec. 8016A.0307. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect January 1, 2026.