Texas 2025 - 89th Regular

Texas House Bill HB5654 Compare Versions

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1	1	89R15853 ANG-F
2	2	By: Metcalf H.B. No. 5654
3	3
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6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Montgomery County Municipal Utility
10	10	District No. 263; granting a limited power of eminent domain;
11	11	providing authority to issue bonds; providing authority to impose
12	12	assessments, fees, and taxes.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Subtitle F, Title 6, Special District Local Laws
15	15	Code, is amended by adding Chapter 8016A to read as follows:
16	16	CHAPTER 8016A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
17	17	NO. 263
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	Sec. 8016A.0101. DEFINITIONS. In this chapter:
20	20	(1) "Board" means the district's board of directors.
21	21	(2) "Commission" means the Texas Commission on
22	22	Environmental Quality.
23	23	(3) "Director" means a board member.
24	24	(4) "District" means the Montgomery County Municipal
25	25	Utility District No. 263.
26	26	Sec. 8016A.0102. NATURE OF DISTRICT. The district is a
27	27	municipal utility district created under Section 59, Article XVI,
28	28	Texas Constitution.
29	29	Sec. 8016A.0103. CONFIRMATION AND DIRECTOR ELECTION
30	30	REQUIRED. The temporary directors shall hold an election to
31	31	confirm the creation of the district and to elect five permanent
32	32	directors as provided by Section 49.102, Water Code.
33	33	Sec. 8016A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
34	34	temporary directors may not hold an election under Section
35	35	8016A.0103 until each municipality in whose corporate limits or
36	36	extraterritorial jurisdiction the district is located has
37	37	consented by ordinance or resolution to the creation of the
38	38	district and to the inclusion of land in the district as required by
39	39	applicable law.
40	40	Sec. 8016A.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
41	41	(a) The district is created to serve a public purpose and benefit.
42	42	(b) The district is created to accomplish the purposes of:
43	43	(1) a municipal utility district as provided by
44	44	general law and Section 59, Article XVI, Texas Constitution; and
45	45	(2) Section 52, Article III, Texas Constitution, that
46	46	relate to the construction, acquisition, improvement, operation,
47	47	or maintenance of macadamized, graveled, or paved roads, or
48	48	improvements, including storm drainage, in aid of those roads.
49	49	Sec. 8016A.0106. INITIAL DISTRICT TERRITORY. (a) The
50	50	district is initially composed of the territory described by
51	51	Section 2 of the Act enacting this chapter.
52	52	(b) The boundaries and field notes contained in Section 2 of
53	53	the Act enacting this chapter form a closure. A mistake made in the
54	54	field notes or in copying the field notes in the legislative process
55	55	does not affect the district's:
56	56	(1) organization, existence, or validity;
57	57	(2) right to issue any type of bond for the purposes
58	58	for which the district is created or to pay the principal of and
59	59	interest on a bond;
60	60	(3) right to impose a tax; or
61	61	(4) legality or operation.
62	62	SUBCHAPTER B. BOARD OF DIRECTORS
63	63	Sec. 8016A.0201. GOVERNING BODY; TERMS. (a) The district
64	64	is governed by a board of five elected directors.
65	65	(b) Except as provided by Section 8016A.0202, directors
66	66	serve staggered four-year terms.
67	67	Sec. 8016A.0202. TEMPORARY DIRECTORS. (a) On or after
68	68	January 1, 2026, the owner or owners of a majority of the assessed
69	69	value of the real property in the district may submit a petition to
70	70	the commission requesting that the commission appoint as temporary
71	71	directors the five persons named in the petition. The commission
72	72	shall appoint as temporary directors the five persons named in the
73	73	petition.
74	74	(b) Temporary directors serve until the earlier of:
75	75	(1) the date permanent directors are elected under
76	76	Section 8016A.0103; or
77	77	(2) January 1, 2030.
78	78	(c) If permanent directors have not been elected under
79	79	Section 8016A.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 8016A.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. 8016A.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. 8016A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
99	99	DUTIES. The district has the powers and duties provided by the
100	100	general law of this state, including Chapters 49 and 54, Water Code,
101	101	applicable to municipal utility districts created under Section 59,
102	102	Article XVI, Texas Constitution.
103	103	Sec. 8016A.0303. AUTHORITY FOR ROAD PROJECTS. Under
104	104	Section 52, Article III, Texas Constitution, the district may
105	105	design, acquire, construct, finance, issue bonds for, improve,
106	106	operate, maintain, and convey to this state, a county, or a
107	107	municipality for operation and maintenance macadamized, graveled,
108	108	or paved roads, or improvements, including storm drainage, in aid
109	109	of those roads.
110	110	Sec. 8016A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
111	111	road project must meet all applicable construction standards,
112	112	zoning and subdivision requirements, and regulations of each
113	113	municipality in whose corporate limits or extraterritorial
114	114	jurisdiction the road project is located.
115	115	(b) If a road project is not located in the corporate limits
116	116	or extraterritorial jurisdiction of a municipality, the road
117	117	project must meet all applicable construction standards,
118	118	subdivision requirements, and regulations of each county in which
119	119	the road project is located.
120	120	(c) If the state will maintain and operate the road, the
121	121	Texas Transportation Commission must approve the plans and
122	122	specifications of the road project.
123	123	Sec. 8016A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
124	124	ORDINANCE OR RESOLUTION. The district shall comply with all
125	125	applicable requirements of any ordinance or resolution that is
126	126	adopted under Section 54.016 or 54.0165, Water Code, and that
127	127	consents to the creation of the district or to the inclusion of land
128	128	in the district.
129	129	Sec. 8016A.0306. DIVISION OF DISTRICT. This chapter
130	130	applies to any new district created by the division of the district
131	131	under Section 49.316, Water Code, and a new district has all the
132	132	powers and duties of the district.
133	133	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
134	134	Sec. 8016A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
135	135	The district may issue, without an election, bonds and other
136	136	obligations secured by:
137	137	(1) revenue other than ad valorem taxes; or
138	138	(2) contract payments described by Section
139	139	8016A.0403.
140	140	(b) The district must hold an election in the manner
141	141	provided by Chapters 49 and 54, Water Code, to obtain voter approval
142	142	before the district may impose an ad valorem tax or issue bonds
143	143	payable from ad valorem taxes.
144	144	(c) The district may not issue bonds payable from ad valorem
145	145	taxes to finance a road project unless the issuance is approved by a
146	146	vote of a two-thirds majority of the district voters voting at an
147	147	election held for that purpose.
148	148	Sec. 8016A.0402. OPERATION AND MAINTENANCE TAX. (a) If
149	149	authorized at an election held under Section 8016A.0401, the
150	150	district may impose an operation and maintenance tax on taxable
151	151	property in the district in accordance with Section 49.107, Water
152	152	Code.
153	153	(b) The board shall determine the tax rate. The rate may not
154	154	exceed the rate approved at the election.
155	155	Sec. 8016A.0403. CONTRACT TAXES. (a) In accordance with
156	156	Section 49.108, Water Code, the district may impose a tax other than
157	157	an operation and maintenance tax and use the revenue derived from
158	158	the tax to make payments under a contract after the provisions of
159	159	the contract have been approved by a majority of the district voters
160	160	voting at an election held for that purpose.
161	161	(b) A contract approved by the district voters may contain a
162	162	provision stating that the contract may be modified or amended by
163	163	the board without further voter approval.
164	164	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
165	165	Sec. 8016A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
166	166	OBLIGATIONS. The district may issue bonds or other obligations
167	167	payable wholly or partly from ad valorem taxes, impact fees,
168	168	revenue, contract payments, grants, or other district money, or any
169	169	combination of those sources, to pay for any authorized district
170	170	purpose.
171	171	Sec. 8016A.0502. TAXES FOR BONDS. At the time the district
172	172	issues bonds payable wholly or partly from ad valorem taxes, the
173	173	board shall provide for the annual imposition of a continuing
174	174	direct ad valorem tax, without limit as to rate or amount, while all
175	175	or part of the bonds are outstanding as required and in the manner
176	176	provided by Sections 54.601 and 54.602, Water Code.
177	177	Sec. 8016A.0503. BONDS FOR ROAD PROJECTS. At the time of
178	178	issuance, the total principal amount of bonds or other obligations
179	179	issued or incurred to finance road projects and payable from ad
180	180	valorem taxes may not exceed one-fourth of the assessed value of the
181	181	real property in the district.
182	182	SECTION 2. The Montgomery County Municipal Utility District
183	183	No. 263 initially includes all the territory contained in the
184	184	following area:
185	185	BEING a 87.24 acre tract of land in the John Corner Survey,
186	186	Abstract 8, Montgomery County, Texas, and being all of a called
187	187	6.795 acre tract of land as recorded in Montgomery County Clerk's
188	188	File No. 2016-115162, all of a called 2.538 acre tract as recorded
189	189	under Montgomery County Clerk's File No. 2017-004689, all of a
190	190	called 3.874 acre tract as recorded in Montgomery County Clerk's
191	191	File No. 9810532, all of a called 51.052 acre tract as recorded in
192	192	County Clerk's File No. 2016-053457, a portion of a called 7.03
193	193	acre tract of land as recorded in County Clerk's File
194	194	No. 2021-055312, and a portion of a called 26.11 acre tract of land
195	195	as recorded in County Clerk's File No. 2020-099492. Said 87.24 acre
196	196	tract being more particularly described as follows, with all
197	197	bearings and grid coordinates referenced to NAD '83 Texas Central
198	198	Zone
199	199	COMMENCING at a 5/8" iron rod found { N: 10134219.32, E:
200	200	3770074.82} on the southerly Right of Way of State Highway 105, for
201	201	the northwesterly corner of the JW Jolene Subdivision as recorded
202	202	in Cabinet Z Sheet 6077 of the County Map Records, also being the
203	203	northeasterly corner of the said 26.11 acre tract
204	204	THENCE S 09deg 54'13" W a distance of 807.15 feet along the
205	205	westerly line of the JW Jolene Subdivision to a 5/8" iron rod found
206	206	for the southwesterly corner of JW Jolene Subdivision and the POINT
207	207	OF BEGINNING of the herein described tract;
208	208	THENCE S 79deg 28'19" E a distance of 321.02 feet along the
209	209	southerly line of the JW Jolene Subdivision, to a 5/8" iron rod
210	210	found for the southeasterly corner of the said JW Jolene
211	211	Subdivision, also being the southwesterly corner of a called 3.50
212	212	acre tract of land as recorded in County Clerk's File No. 9356111;
213	213	THENCE S 79deg 46'38" E a distance of 189.11 feet along the
214	214	southerly line of the said 3.50 acre tract, to a 5/8" iron rod found
215	215	on the westerly line of Roman Hills Subdivision, Section 1 as
216	216	recorded in Cabinet A, Sheet 81 of the County Map Records;
217	217	THENCE along the westerly line of Roman Hills Subdivision
218	218	Section 1 the following:
219	219	THENCE S 52deg 21'56" W a distance of 32.70 feet;
220	220	THENCE S 21deg 37'14" W a distance of 369.55 feet;
221	221	THENCE S 56deg 37'54" W a distance of 1220.44 feet;
222	222	THENCE N 80deg 51'39" W a distance of 9.37 feet to the
223	223	southeasterly corner of a called 11.06 acre tract of land as
224	224	recorded in County Clerk's File No. 2020-142820
225	225	THENCE N 09deg 54'13" E a distance of 794.76 feet along the
226	226	easterly line of the said 11.06 acre tract to a 5/8" iron rod found
227	227	for the northeasterly corner of the said 11.06 acre tract;
228	228	THENCE N 80deg 05'47" W a distance of 600.00 feet to a 5/8"
229	229	iron rod found for the northwesterly corner of the said 11.06 acre
230	230	tract;
231	231	THENCE S 09deg 54'12" W a distance of 812.79 feet along the
232	232	westerly line of the said 11.06 to a 1/2" iron rod for the
233	233	southwesterly corner of the said 11.06 acre tract, on the northerly
234	234	line of a called 104.5 acre tract of land as recorded in County
235	235	Clerk's File No. 2022-122722;
236	236	THENCE N 80deg 07'54" W a distance of 1075.26 feet along the
237	237	northerly line of the said 104.5 acre tract to a 5/8" iron rod found
238	238	for the southwesterly corner of the said 51.052 acre tract;
239	239	THENCE N 09deg 54'32" E a distance of 416.02 feet along the
240	240	westerly line of the said 51.052 acre tract to the southeasterly
241	241	corner of the said 3.874 acre tract;
242	242	THENCE N 80deg 07'20" W a distance of 10.57 feet to a 60' Right
243	243	of Way known as Club Drive and recorded in County Clerk's File
244	244	No. 9219822;
245	245	THENCE along the northeasterly line of Club Drive the
246	246	following:
247	247	THENCE N 09deg 52'40" E a distance of 204.93 feet;
248	248	THENCE with a curve turning to the left with an arc length of
249	249	1042.73', with a radius of 1082.90', with a chord bearing of N 17deg
250	250	42'39" W, with a chord length of 1002.91';
251	251	THENCE N 45deg 10'35" W a distance of 458.77 feet;
252	252	THENCE with a curve turning to the right with an arc length of
253	253	322.04', with a radius of 337.41', with a chord bearing of N 17deg
254	254	51'07" W, with a chord length of 309.95' to the southerly Right of
255	255	Way of State Highway No. 105 and being the northwesterly corner of
256	256	the herein described tract;
257	257	THENCE along the southerly line of State Highway No 105 the
258	258	following:
259	259	THENCE S 80deg 28'30" E a distance of 43.41 feet;
260	260	THENCE S 80deg 27'13" E a distance of 649.95 feet;
261	261	THENCE S 83deg 59'40" E a distance of 151.78 feet;
262	262	THENCE S 83deg 46'05" E a distance of 150.43 feet;
263	263	THENCE S 80deg 12'35" E a distance of 306.70 feet;
264	264	THENCE S 69deg 41'13" E a distance of 216.36 feet;
265	265	THENCE N 19deg 48'21" E a distance of 40.00 feet;
266	266	THENCE S 80deg 07'48" E a distance of 550.86 feet to the
267	267	northwesterly corner of a called 3.948 acre tract of land as
268	268	recorded in County Clerk's File No. 2016-102606;
269	269	THENCE S 09 deg 57'38" W a distance of 867.19 feet to the
270	270	southwesterly corner of the said 3.948 acre tract;
271	271	THENCE S 80deg 05'47" E a distance of 200.00 feet to the
272	272	southeasterly corner of the said 3.948 acre tract;
273	273	THENCE N 09deg 54'13" E a distance of 50.68 feet to a point
274	274	along the easterly line of the said 3.948 acre tract;
275	275	THENCE S 79deg 28'19" E a distance of 885.05 across the said
276	276	7.03 acre tract and the said 26.11 acre tract, to the POINT OF
277	277	BEGINNING, and containing 87.24 acres of land, more or less.
278	278	SECTION 3. (a) The legal notice of the intention to
279	279	introduce this Act, setting forth the general substance of this
280	280	Act, has been published as provided by law, and the notice and a
281	281	copy of this Act have been furnished to all persons, agencies,
282	282	officials, or entities to which they are required to be furnished
283	283	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
284	284	Government Code.
285	285	(b) The governor, one of the required recipients, has
286	286	submitted the notice and Act to the Texas Commission on
287	287	Environmental Quality.
288	288	(c) The Texas Commission on Environmental Quality has filed
289	289	its recommendations relating to this Act with the governor, the
290	290	lieutenant governor, and the speaker of the house of
291	291	representatives within the required time.
292	292	(d) All requirements of the constitution and laws of this
293	293	state and the rules and procedures of the legislature with respect
294	294	to the notice, introduction, and passage of this Act are fulfilled
295	295	and accomplished.
296	296	SECTION 4. (a) If this Act does not receive a two-thirds
297	297	vote of all the members elected to each house, Subchapter C, Chapter
298	298	8016A, Special District Local Laws Code, as added by Section 1 of
299	299	this Act, is amended by adding Section 8016A.0307 to read as
300	300	follows:
301	301	Sec. 8016A.0307. NO EMINENT DOMAIN POWER. The district may
302	302	not exercise the power of eminent domain.
303	303	(b) This section is not intended to be an expression of a
304	304	legislative interpretation of the requirements of Section 17(c),
305	305	Article I, Texas Constitution.
306	306	SECTION 5. This Act takes effect January 1, 2026.