Texas 2025 - 89th Regular

Texas House Bill HB5686 Compare Versions

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Old	New	Differences
1	1	89R15710 JTZ-F
2	2	By: Metcalf H.B. No. 5686
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6	6
7	7	A BILL TO BE ENTITLED
8	8	relating to the creation of the Montgomery County Management
9	9	District No. 3; providing authority to issue bonds; providing
10	10	authority to impose assessments, fees, and taxes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle C, Title 4, Special District Local Laws
13	13	Code, is amended by adding Chapter 4017 to read as follows:
14	14	CHAPTER 4017. MONTGOMERY COUNTY MANAGEMENT DISTRICT NO. 3
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 4017.0101. DEFINITIONS. In this chapter:
17	17	(1) "Board" means the district's board of directors.
18	18	(2) "Commission" means the Texas Commission on
19	19	Environmental Quality.
20	20	(3) "County" means Montgomery County.
21	21	(4) "Director" means a board member.
22	22	(5) "District" means the Montgomery County Management
23	23	District No. 3.
24	24	Sec. 4017.0102. NATURE OF DISTRICT. The Montgomery County
25	25	Management District No. 3 is a special district created under
26	26	Section 59, Article XVI, Texas Constitution.
27	27	Sec. 4017.0103. PURPOSE; DECLARATION OF INTENT. (a) The
28	28	creation of the district is essential to accomplish the purposes of
29	29	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
30	30	Texas Constitution, and other public purposes stated in this
31	31	chapter.
32	32	(b) By creating the district and in authorizing the county,
33	33	the City of Conroe, the City of Willis, and other political
34	34	subdivisions to contract with the district, the legislature has
35	35	established a program to accomplish the public purposes set out in
36	36	Section 52-a, Article III, Texas Constitution.
37	37	(c) The creation of the district is necessary to promote,
38	38	develop, encourage, and maintain employment, commerce,
39	39	transportation, housing, tourism, recreation, the arts,
40	40	entertainment, economic development, safety, and the public
41	41	welfare in the district.
42	42	(d) This chapter and the creation of the district may not be
43	43	interpreted to relieve the county, the City of Conroe, or the City
44	44	of Willis from providing the level of services provided as of the
45	45	effective date of the Act enacting this chapter to the area in the
46	46	district. The district is created to supplement and not to supplant
47	47	county or city services provided in the district.
48	48	Sec. 4017.0104. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
49	49	(a) All land and other property included in the district will
50	50	benefit from the improvements and services to be provided by the
51	51	district under powers conferred by Sections 52 and 52-a, Article
52	52	III, and Section 59, Article XVI, Texas Constitution, and other
53	53	powers granted under this chapter.
54	54	(b) The district is created to serve a public use and
55	55	benefit.
56	56	(c) The creation of the district is in the public interest
57	57	and is essential to further the public purposes of:
58	58	(1) developing and diversifying the economy of the
59	59	state;
60	60	(2) eliminating unemployment and underemployment; and
61	61	(3) developing or expanding transportation and
62	62	commerce.
63	63	(d) The district will:
64	64	(1) promote the health, safety, and general welfare of
65	65	residents, employers, potential employees, employees, visitors,
66	66	and consumers in the district, and of the public;
67	67	(2) provide needed funding for the district to
68	68	preserve, maintain, and enhance the economic health and vitality of
69	69	the district territory as a community and business center;
70	70	(3) promote the health, safety, welfare, and enjoyment
71	71	of the public by providing pedestrian ways and by landscaping and
72	72	developing certain areas in the district, which are necessary for
73	73	the restoration, preservation, and enhancement of scenic beauty;
74	74	and
75	75	(4) provide for water, wastewater, drainage, road, and
76	76	recreational facilities for the district.
77	77	(e) Pedestrian ways along or across a street, whether at
78	78	grade or above or below the surface, and street lighting, street
79	79	landscaping, parking, and street art objects are parts of and
80	80	necessary components of a street and are considered to be a street
81	81	or road improvement.
82	82	(f) The district will not act as the agent or
83	83	instrumentality of any private interest even though the district
84	84	will benefit many private interests as well as the public.
85	85	Sec. 4017.0105. INITIAL DISTRICT TERRITORY. (a) The
86	86	district is initially composed of the territory described by
87	87	Section 2 of the Act enacting this chapter.
88	88	(b) The boundaries and field notes contained in Section 2 of
89	89	the Act enacting this chapter form a closure. A mistake in the
90	90	field notes or in copying the field notes in the legislative process
91	91	does not affect the district's:
92	92	(1) organization, existence, or validity;
93	93	(2) right to issue any type of bonds for the purposes
94	94	for which the district is created or to pay the principal of and
95	95	interest on the bonds;
96	96	(3) right to impose or collect an assessment or tax; or
97	97	(4) legality or operation.
98	98	Sec. 4017.0106. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
99	99	All or any part of the area of the district is eligible to be
100	100	included in:
101	101	(1) a tax increment reinvestment zone created under
102	102	Chapter 311, Tax Code; or
103	103	(2) a tax abatement reinvestment zone created under
104	104	Chapter 312, Tax Code.
105	105	Sec. 4017.0107. APPLICABILITY OF MUNICIPAL MANAGEMENT
106	106	DISTRICTS LAW. Except as otherwise provided by this chapter,
107	107	Chapter 375, Local Government Code, applies to the district.
108	108	Sec. 4017.0108. CONSTRUCTION OF CHAPTER. This chapter
109	109	shall be liberally construed in conformity with the findings and
110	110	purposes stated in this chapter.
111	111	SUBCHAPTER B. BOARD OF DIRECTORS
112	112	Sec. 4017.0201. GOVERNING BODY; TERMS. The district is
113	113	governed by a board of five directors who serve staggered terms of
114	114	four years, with two or three directors' terms expiring June 1 of
115	115	each odd-numbered year.
116	116	Sec. 4017.0202. APPOINTMENT OF DIRECTORS. The commission
117	117	shall appoint directors from persons recommended by the board.
118	118	Sec. 4017.0203. INITIAL DIRECTORS. (a) The initial board
119	119	consists of the following directors:
120	120	Pos. No. Name of Director Pos. No. Name of Director
121	121	Pos. No. Name of Director
122	122	1 Michele Burke 1 Michele Burke
123	123	1 Michele Burke
124	124	2 Andrew Williams 2 Andrew Williams
125	125	2 Andrew Williams
126	126	3 Benjamin Mellado 3 Benjamin Mellado
127	127	3 Benjamin Mellado
128	128	4 Mehmet Okumus 4 Mehmet Okumus
129	129	4 Mehmet Okumus
130	130	5 Joey Sergio Soto 5 Joey Sergio Soto
131	131	5 Joey Sergio Soto
132	132	(b) Of the initial directors, the terms of directors
133	133	appointed for positions one through three expire June 1, 2027, and
134	134	the terms of directors appointed for positions four and five expire
135	135	June 1, 2029.
136	136	SUBCHAPTER C. POWERS AND DUTIES
137	137	Sec. 4017.0301. GENERAL POWERS AND DUTIES. The district
138	138	has the powers and duties necessary to accomplish the purposes for
139	139	which the district is created.
140	140	Sec. 4017.0302. IMPROVEMENT PROJECTS AND SERVICES. (a) The
141	141	district, using any money available to the district for the
142	142	purpose, may provide, design, construct, acquire, improve,
143	143	relocate, operate, maintain, or finance an improvement project or
144	144	service authorized under this chapter or Chapter 375, Local
145	145	Government Code.
146	146	(b) The district may contract with a governmental or private
147	147	entity to carry out an action under Subsection (a).
148	148	(c) The implementation of a district project or service is a
149	149	governmental function or service for the purposes of Chapter 791,
150	150	Government Code.
151	151	Sec. 4017.0303. NONPROFIT CORPORATION. (a) The board by
152	152	resolution may authorize the creation of a nonprofit corporation to
153	153	assist and act for the district in implementing a project or
154	154	providing a service authorized by this chapter.
155	155	(b) The nonprofit corporation:
156	156	(1) has each power of and is considered to be a local
157	157	government corporation created under Subchapter D, Chapter 431,
158	158	Transportation Code; and
159	159	(2) may implement any project and provide any service
160	160	authorized by this chapter.
161	161	(c) The board shall appoint the board of directors of the
162	162	nonprofit corporation. The board of directors of the nonprofit
163	163	corporation shall serve in the same manner as the board of directors
164	164	of a local government corporation created under Subchapter D,
165	165	Chapter 431, Transportation Code, except that a board member is not
166	166	required to reside in the district.
167	167	Sec. 4017.0304. LAW ENFORCEMENT SERVICES. To protect the
168	168	public interest, the district may contract with a qualified party,
169	169	including the county, the City of Conroe, or the City of Willis, to
170	170	provide law enforcement services in the district for a fee.
171	171	Sec. 4017.0305. MEMBERSHIP IN CHARITABLE ORGANIZATIONS.
172	172	The district may join and pay dues to a charitable or nonprofit
173	173	organization that performs a service or provides an activity
174	174	consistent with the furtherance of a district purpose.
175	175	Sec. 4017.0306. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
176	176	district may engage in activities that accomplish the economic
177	177	development purposes of the district.
178	178	(b) The district may establish and provide for the
179	179	administration of one or more programs to promote state or local
180	180	economic development and to stimulate business and commercial
181	181	activity in the district, including programs to:
182	182	(1) make loans and grants of public money; and
183	183	(2) provide district personnel and services.
184	184	(c) The district may create economic development programs
185	185	and exercise the economic development powers provided to
186	186	municipalities by:
187	187	(1) Chapter 380, Local Government Code; and
188	188	(2) Subchapter A, Chapter 1509, Government Code.
189	189	Sec. 4017.0307. PARKING FACILITIES. (a) The district may
190	190	acquire, lease as lessor or lessee, construct, develop, own,
191	191	operate, and maintain parking facilities or a system of parking
192	192	facilities, including lots, garages, parking terminals, or other
193	193	structures or accommodations for parking motor vehicles off the
194	194	streets and related appurtenances.
195	195	(b) The district's parking facilities serve the public
196	196	purposes of the district and are owned, used, and held for a public
197	197	purpose even if leased or operated by a private entity for a term of
198	198	years.
199	199	(c) The district's parking facilities are parts of and
200	200	necessary components of a street and are considered to be a street
201	201	or road improvement.
202	202	(d) The development and operation of the district's parking
203	203	facilities may be considered an economic development program.
204	204	Sec. 4017.0308. DISBURSEMENTS AND TRANSFERS OF MONEY. The
205	205	board by resolution shall establish the number of directors'
206	206	signatures and the procedure required for a disbursement or
207	207	transfer of district money.
208	208	Sec. 4017.0309. ADDING OR EXCLUDING LAND. The district may
209	209	add or exclude land in the manner provided by Subchapter J, Chapter
210	210	49, Water Code, or by Subchapter H, Chapter 54, Water Code.
211	211	Sec. 4017.0310. NO EMINENT DOMAIN POWER. The district may
212	212	not exercise the power of eminent domain.
213	213	SUBCHAPTER D. ASSESSMENTS
214	214	Sec. 4017.0401. PETITION REQUIRED FOR FINANCING SERVICES
215	215	AND IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
216	216	service or improvement project with assessments under this chapter
217	217	unless a written petition requesting that service or improvement
218	218	has been filed with the board.
219	219	(b) A petition filed under Subsection (a) must be signed by
220	220	the owners of a majority of the assessed value of real property in
221	221	the district subject to assessment according to the most recent
222	222	certified tax appraisal roll for the county.
223	223	Sec. 4017.0402. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
224	224	The board by resolution may impose and collect an assessment for any
225	225	purpose authorized by this chapter in all or any part of the
226	226	district.
227	227	(b) An assessment, a reassessment, or an assessment
228	228	resulting from an addition to or correction of the assessment roll
229	229	by the district, penalties and interest on an assessment or
230	230	reassessment, an expense of collection, and reasonable attorney's
231	231	fees incurred by the district:
232	232	(1) are a first and prior lien against the property
233	233	assessed;
234	234	(2) are superior to any other lien or claim other than
235	235	a lien or claim for county, school district, or municipal ad valorem
236	236	taxes; and
237	237	(3) are the personal liability of and a charge against
238	238	the owners of the property even if the owners are not named in the
239	239	assessment proceedings.
240	240	(c) The lien is effective from the date of the board's
241	241	resolution imposing the assessment until the date the assessment is
242	242	paid. The board may enforce the lien in the same manner that the
243	243	board may enforce an ad valorem tax lien against real property.
244	244	(d) The board may make a correction to or deletion from the
245	245	assessment roll that does not increase the amount of assessment of
246	246	any parcel of land without providing notice and holding a hearing in
247	247	the manner required for additional assessments.
248	248	SUBCHAPTER E. TAXES AND BONDS
249	249	Sec. 4017.0501. TAX ELECTION REQUIRED. (a) The district
250	250	must hold an election in the manner provided by Chapter 49, Water
251	251	Code, or, if applicable, Chapter 375, Local Government Code, to
252	252	obtain voter approval before the district may impose an ad valorem
253	253	tax.
254	254	(b) Section 375.243, Local Government Code, does not apply
255	255	to the district.
256	256	Sec. 4017.0502. OPERATION AND MAINTENANCE TAX. (a) If
257	257	authorized by a majority of the district voters voting at an
258	258	election under Section 4017.0501, the district may impose an
259	259	operation and maintenance tax on taxable property in the district
260	260	in the manner provided by Section 49.107, Water Code, for any
261	261	district purpose, including to:
262	262	(1) maintain and operate the district;
263	263	(2) construct or acquire improvements; or
264	264	(3) provide a service.
265	265	(b) The board shall determine the operation and maintenance
266	266	tax rate. The rate may not exceed the rate approved at the
267	267	election.
268	268	Sec. 4017.0503. AUTHORITY TO BORROW MONEY AND TO ISSUE
269	269	BONDS AND OTHER OBLIGATIONS. (a) The district may borrow money on
270	270	terms determined by the board.
271	271	(b) The district may issue bonds, notes, or other
272	272	obligations payable wholly or partly from ad valorem taxes,
273	273	assessments, impact fees, revenue, contract payments, grants, or
274	274	other district money, or any combination of those sources of money,
275	275	to pay for any authorized district purpose.
276	276	(c) The limitation on the outstanding principal amount of
277	277	bonds, notes, or other obligations provided by Section 49.4645,
278	278	Water Code, does not apply to the district.
279	279	Sec. 4017.0504. BONDS SECURED BY REVENUE OR CONTRACT
280	280	PAYMENTS. The district may issue, without an election, bonds
281	281	secured by:
282	282	(1) revenue other than ad valorem taxes, including
283	283	contract revenues; or
284	284	(2) contract payments, provided that the requirements
285	285	of Section 49.108, Water Code, have been met.
286	286	Sec. 4017.0505. BONDS SECURED BY AD VALOREM TAXES;
287	287	ELECTIONS. (a) If authorized at an election under Section
288	288	4017.0501, the district may issue bonds payable from ad valorem
289	289	taxes.
290	290	(b) At the time the district issues bonds payable wholly or
291	291	partly from ad valorem taxes, the board shall provide for the annual
292	292	imposition of a continuing direct annual ad valorem tax, without
293	293	limit as to rate or amount, for each year that all or part of the
294	294	bonds are outstanding as required and in the manner provided by
295	295	Sections 54.601 and 54.602, Water Code.
296	296	(c) All or any part of any facilities or improvements that
297	297	may be acquired by a district by the issuance of its bonds may be
298	298	submitted as a single proposition or as several propositions to be
299	299	voted on at the election.
300	300	Sec. 4017.0506. CONSENT OF MUNICIPALITY REQUIRED. (a) The
301	301	board may not issue bonds until each municipality in whose
302	302	corporate limits or extraterritorial jurisdiction the district is
303	303	located has consented by ordinance or resolution to the creation of
304	304	the district and to the inclusion of land in the district as
305	305	required by applicable law.
306	306	(b) This section applies only to the district's first
307	307	issuance of bonds payable from ad valorem taxes.
308	308	SUBCHAPTER F. SALES AND USE TAX
309	309	Sec. 4017.0601. APPLICABILITY OF CERTAIN TAX CODE
310	310	PROVISIONS. (a) Chapter 321, Tax Code, governs the imposition,
311	311	computation, administration, enforcement, and collection of the
312	312	sales and use tax authorized by this subchapter except to the extent
313	313	Chapter 321, Tax Code, is inconsistent with this chapter.
314	314	(b) For the purposes of this subchapter, a reference in
315	315	Chapter 321, Tax Code, to a municipality or the governing body of a
316	316	municipality is a reference to the district or the board,
317	317	respectively.
318	318	Sec. 4017.0602. ELECTION; ADOPTION OF TAX. (a) The
319	319	district may adopt a sales and use tax if authorized by a majority
320	320	of the voters of the district voting at an election held for that
321	321	purpose.
322	322	(b) The board by order may call an election to authorize the
323	323	adoption of the sales and use tax. The election may be held on any
324	324	uniform election date and in conjunction with any other district
325	325	election.
326	326	(c) The district shall provide notice of the election and
327	327	shall hold the election in the manner prescribed by Section
328	328	4017.0501.
329	329	(d) The ballot shall be printed to provide for voting for or
330	330	against the proposition: "Authorization of a sales and use tax in
331	331	the Montgomery County Management District No. 3 at a rate not to
332	332	exceed ____ percent" (insert rate of one or more increments of
333	333	one-eighth of one percent).
334	334	Sec. 4017.0603. SALES AND USE TAX RATE. (a) After the date
335	335	the results are declared of an election held under Section
336	336	4017.0602 at which the voters authorized imposition of a tax, the
337	337	board shall provide by resolution or order the initial rate of the
338	338	tax, which must be in one or more increments of one-eighth of one
339	339	percent.
340	340	(b) After the authorization of a tax under Section
341	341	4017.0602, the board may increase or decrease the rate of the tax by
342	342	one or more increments of one-eighth of one percent.
343	343	(c) The board may not decrease the rate of the tax if the
344	344	decrease would impair the repayment of any outstanding debt or
345	345	obligation payable from the tax.
346	346	(d) The initial rate of the tax or any rate resulting from
347	347	subsequent increases or decreases may not exceed the lesser of:
348	348	(1) the maximum rate authorized at the election held
349	349	under Section 4017.0602; or
350	350	(2) a rate that, when added to the rates of all sales
351	351	and use taxes imposed by other political subdivisions with
352	352	territory in the district, would result in the maximum combined
353	353	rate prescribed by Section 321.101(f), Tax Code, at any location in
354	354	the district.
355	355	(e) In determining whether the combined sales and use tax
356	356	rate under Subsection (d)(2) would exceed the maximum combined rate
357	357	prescribed by Section 321.101(f), Tax Code, at any location in the
358	358	district, the board shall include:
359	359	(1) any sales and use tax imposed by a political
360	360	subdivision whose territory overlaps all or part of the district;
361	361	(2) any sales and use tax to be imposed by the city or
362	362	the county as a result of an election held on the same date as the
363	363	election held under Section 4017.0602; and
364	364	(3) any increase to an existing sales and use tax
365	365	imposed by the city or the county as a result of an election held on
366	366	the same date as the election held under Section 4017.0602.
367	367	(f) If the district adopts a sales and use tax authorized at
368	368	an election held under Section 4017.0602 and subsequently includes
369	369	new territory in the district, the district:
370	370	(1) is not required to hold another election to
371	371	approve the imposition of the sales and use tax in the included
372	372	territory; and
373	373	(2) shall impose the sales and use tax in the included
374	374	territory as provided by Chapter 321, Tax Code.
375	375	(g) If the district adopts a sales and use tax authorized at
376	376	an election held under Section 4017.0602 and subsequently excludes
377	377	territory from the district, the sales and use tax is inapplicable
378	378	to the excluded territory, as provided by Chapter 321, Tax Code, but
379	379	is applicable to the territory remaining in the district.
380	380	Sec. 4017.0604. NOTIFICATION OF RATE CHANGE. The board
381	381	shall notify the comptroller of any changes made to the tax rate
382	382	under this subchapter in the same manner the municipal secretary
383	383	provides notice to the comptroller under Section 321.405(b), Tax
384	384	Code.
385	385	Sec. 4017.0605. USE OF REVENUE. Revenue from the sales and
386	386	use tax imposed under this subchapter is for the use and benefit of
387	387	the district and may be used for any district purpose. The district
388	388	may pledge all or part of the revenue to the payment of bonds,
389	389	notes, or other obligations, and that pledge of revenue may be in
390	390	combination with other revenue, including tax revenue, available to
391	391	the district.
392	392	Sec. 4017.0606. ABOLITION OF TAX. (a) Except as provided
393	393	by Subsection (b), the board may abolish the tax imposed under this
394	394	subchapter without an election.
395	395	(b) The board may not abolish the tax imposed under this
396	396	subchapter if the district has any outstanding debt or obligation
397	397	secured by the tax, and repayment of the debt or obligation would be
398	398	impaired by the abolition of the tax.
399	399	(c) If the board abolishes the tax, the board shall notify
400	400	the comptroller of that action in the same manner the municipal
401	401	secretary provides notice to the comptroller under Section
402	402	321.405(b), Tax Code.
403	403	(d) If the board abolishes the tax or decreases the tax rate
404	404	to zero, a new election to authorize a sales and use tax must be held
405	405	under Section 4017.0602 before the district may subsequently impose
406	406	the tax.
407	407	SUBCHAPTER G. DIVISION OF DISTRICT INTO MULTIPLE DISTRICTS
408	408	Sec. 4017.0701. DIVISION OF DISTRICT; PREREQUISITES. (a)
409	409	The district may be divided into two or more new districts only if
410	410	the district:
411	411	(1) has never issued any bonds; and
412	412	(2) is not imposing ad valorem taxes.
413	413	(b) The board may adopt an order dividing the district under
414	414	Section 4017.0704(a) before or after the date of an election held
415	415	under Section 4017.0705 to confirm the creation of the district.
416	416	Sec. 4017.0702. LAW APPLICABLE TO NEW DISTRICT. This
417	417	chapter applies to any new district created by division of the
418	418	district, and a new district has all the powers and duties of the
419	419	district.
420	420	Sec. 4017.0703. LIMITATION ON AREA OF NEW DISTRICT. A new
421	421	district created by the division of the district may not, at the
422	422	time the new district is created, contain any land outside the area
423	423	described by Section 2 of the Act enacting this chapter.
424	424	Sec. 4017.0704. DIVISION PROCEDURES. (a) The board, on its
425	425	own motion or on receipt of a petition signed by the owner or owners
426	426	of a majority of the assessed value of the real property in the
427	427	district, may adopt an order dividing the district.
428	428	(b) An order dividing the district must:
429	429	(1) name each new district;
430	430	(2) include the metes and bounds description of the
431	431	territory of each new district;
432	432	(3) appoint temporary directors for each new district;
433	433	and
434	434	(4) provide for the division of assets and liabilities
435	435	between the new districts.
436	436	(c) On or before the 30th day after the date of adoption of
437	437	an order dividing the district, the district shall file the order
438	438	with the commission and record the order in the real property
439	439	records of each county in which the district is located.
440	440	(d) Municipal consent issued under Section 4017.0506 acts
441	441	as municipal consent to the creation of any new district created by
442	442	division of the district and to the inclusion of land in the new
443	443	district.
444	444	Sec. 4017.0705. CONFIRMATION ELECTION FOR NEW DISTRICT.
445	445	(a) A new district created by the division of the district shall
446	446	hold a confirmation election in the manner provided by Section
447	447	49.102, Water Code.
448	448	(b) If the creation of the new district is confirmed, the
449	449	new district shall provide the election date and results to the
450	450	commission.
451	451	Sec. 4017.0706. TAX OR BOND ELECTION. Before a new district
452	452	created by the division of the district may impose a tax for which
453	453	an election is required under this chapter for the original
454	454	district or issue bonds payable wholly or partly from ad valorem
455	455	taxes, the new district must hold an election as required by this
456	456	chapter to obtain voter approval.
457	457	SUBCHAPTER H. DEFINED AREAS
458	458	Sec. 4017.0801. AUTHORITY TO ESTABLISH DEFINED AREAS OR
459	459	DESIGNATED PROPERTY. The district may define areas or designate
460	460	certain property of the district to pay for improvements,
461	461	facilities, or services that primarily benefit that area or
462	462	property and do not generally and directly benefit the district as a
463	463	whole.
464	464	Sec. 4017.0802. PROCEDURE FOR ELECTION. (a) Before the
465	465	district may impose an ad valorem tax applicable only to the defined
466	466	area or designated property or issue bonds payable from ad valorem
467	467	taxes of the defined area or designated property, the board shall
468	468	hold an election in the defined area or designated property only.
469	469	(b) The board may submit the proposition to the voters on
470	470	the same ballot to be used in another election.
471	471	Sec. 4017.0803. DECLARING RESULT AND ISSUING ORDER. (a) If
472	472	a majority of the voters voting at an election held under Section
473	473	4017.0802 approve the proposition or propositions, the board shall
474	474	declare the results and, by order, shall establish the defined area
475	475	or designated property and describe it by metes and bounds or
476	476	designate the specific area or property.
477	477	(b) A court may not review the board's order except on the
478	478	ground of fraud, palpable error, or arbitrary and confiscatory
479	479	abuse of discretion.
480	480	Sec. 4017.0804. TAXES FOR SERVICES, IMPROVEMENTS, AND
481	481	FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
482	482	approval and adoption of an order described by Section 4017.0803,
483	483	the district may apply separately, differently, equitably, and
484	484	specifically its taxing power and lien authority to the defined
485	485	area or designated property to provide money to construct,
486	486	administer, maintain, and operate services, improvements, and
487	487	facilities that primarily benefit the defined area or designated
488	488	property.
489	489	Sec. 4017.0805. ISSUANCE OF BONDS FOR DEFINED AREA OR
490	490	DESIGNATED PROPERTY. After an order under Section 4017.0803 is
491	491	adopted, the district may issue bonds to provide for any land,
492	492	improvements, facilities, plants, equipment, and appliances for
493	493	the defined area or designated property.
494	494	SUBCHAPTER I. DISSOLUTION
495	495	Sec. 4017.0901. DISSOLUTION. (a) The board shall dissolve
496	496	the district on written petition filed with the board by the owners
497	497	of:
498	498	(1) at least two-thirds of the assessed value of the
499	499	property subject to assessment by the district based on the most
500	500	recent certified county property tax rolls; or
501	501	(2) at least two-thirds of the surface area of the
502	502	district, excluding roads, streets, highways, utility
503	503	rights-of-way, other public areas, and other property exempt from
504	504	assessment by the district according to the most recent certified
505	505	county property tax rolls.
506	506	(b) The board by majority vote may dissolve the district at
507	507	any time.
508	508	(c) The district may not be dissolved by its board under
509	509	Subsection (a) or (b) if the district:
510	510	(1) has any outstanding bonded indebtedness until that
511	511	bonded indebtedness has been repaid or defeased in accordance with
512	512	the order or resolution authorizing the issuance of the bonds;
513	513	(2) has a contractual obligation to pay money until
514	514	that obligation has been fully paid in accordance with the
515	515	contract; or
516	516	(3) owns, operates, or maintains public works,
517	517	facilities, or improvements unless the district contracts with
518	518	another person for the ownership, operation, or maintenance of the
519	519	public works, facilities, or improvements.
520	520	(d) Sections 375.261, 375.262, and 375.264, Local
521	521	Government Code, do not apply to the district.
522	522	SECTION 2. The Montgomery County Management District No. 3
523	523	initially includes all territory contained in the following area:
524	524	BEING a 144.058 acre tract of land situated in the Calvin
525	525	Lynch Survey, Abstract Number 314, Montgomery County, Texas, being
526	526	the northerly remainder of that certain called 478.483 acre tract
527	527	described in instrument to Joyce C. Naumann, recorded in Volume
528	528	756, Page 150, of the Deed Records of Montgomery County, Texas
529	529	(D.R.M.C.T.), said 144.058 acre tract being more particularly
530	530	described by metes and bounds as follows:
531	531	BEGINNING at a 5/8 inch iron rod with 3 inch disk found in the
532	532	northerly right-of-way of Seven Coves Road, in the apparent common
533	533	line between said Lynch Survey and the F.K. Henderson Survey,
534	534	Abstract Number 248, for the common corner of said northerly
535	535	remainder of 478.483 acre tract, that certain called 11.892 acre
536	536	tract described instrument to Montgomery County, recorded under
537	537	Clerk's File Number 2007108360, of the Official Public Records of
538	538	Montgomery County, Texas (O.P.R.M.C.T.), that certain called
539	539	19.170 acre tract described instrument to Montgomery County,
540	540	recorded under Clerk's File Number 2008076322 and the northerly
541	541	remainder of that certain called 252.848 acre tract described in
542	542	instrument to Rmdmg, Ltd., recorded under Clerk's File Number
543	543	2022087003, O.P.R.M.C.T., being the southwesterly corner of the
544	544	herein described 144.058 acre tract, said POINT OF BEGINNING having
545	545	a Texas State Plane Coordinate value of N: 10,141,868.64, E:
546	546	3,835,421.95, Central Zone, grid measurements;
547	547	THENCE North 18°51'35" West, 1242.26 feet, with the apparent
548	548	common line between said Calvin Survey and said Henderson Survey,
549	549	the common line between said northerly remainder of 478.483 acre
550	550	tract and said northerly remainder of 252.848 acre tract, to a 3/4
551	551	inch pinched top iron pipe found for the common easterly corner of
552	552	said northerly remainder of 252.848 acre tract, and that certain
553	553	called 160.466 acre tract described in instrument to M.C. & G.E.I.,
554	554	LLC., recorded under Clerk's File Number 2003047826, O.P.R.M.C.T.,
555	555	being an angle point in the westerly line of the herein described
556	556	144.058 acre tract;
557	557	THENCE North 18°46'29" West, 2693.58 feet, with the common
558	558	line between said northerly remainder of 478.483 acre tract and
559	559	said 160.466 acre tract, to a 1 inch iron pipe found for the common
560	560	corner of said northerly remainder of 478.483 acre tract, said
561	561	160.466 acre tract, and Lot 33, Block 1, of Oak Woods II, as shown on
562	562	the map or plat thereof, recorded in Cabinet E, Sheet 46B, of the
563	563	Map Records of Montgomery County, Texas (M.R.M.C.T.), being an
564	564	angle point in the westerly line of the herein described 144.058
565	565	acre tract;
566	566	THENCE North 17°36'27" West, 211.37 feet, with the easterly
567	567	line of said Lot 33, and Lots 34 and 35, of said Block 1, common to
568	568	the westerly line of said remainder of 478.483 acre tract, to a 1/2
569	569	inch iron pipe found for the apparent common westerly corner of said
570	570	Lynch Survey and the George Lonis Survey, Abstract Number 313, the
571	571	common corner of said northerly remainder of said 478.483 acre
572	572	tract, said Lot 35, and the Park & Drill Site, of Serenity Woods,
573	573	Section 1, as shown on the map or plat thereof, recorded in Cabinet
574	574	F, Sheet 86B, M.R.M.C.T., being the northwesterly corner of the
575	575	herein described 144.058 acre tract;
576	576	THENCE North 86°23'35" East, 393.26 feet, with the apparent
577	577	common line between said Lynch Survey and said Lonis Survey, the
578	578	common line between said remainder of 478.483 acre tract and said
579	579	Park & Drill Site, to a 5/8 inch iron rod found for the apparent
580	580	common northerly corner of said Lynch Survey and the Nat Hart Davis
581	581	Survey, Abstract Number 185, the common northerly corner of said
582	582	northerly remainder of 478.483 acre tract and that certain called
583	583	79.50 acre tract described in instrument to Poarch / Swinbank LLC.,
584	584	recorded under Clerk's File Number 2014107141, O.P.R.M.C.T., being
585	585	the northeasterly corner of the herein described 144.058 acre
586	586	tract;
587	587	THENCE South 47°56'40" East, 4115.87 feet, with the apparent
588	588	common line between said Lynch Survey and said Davis Survey, the
589	589	southwesterly line of said 79.50 acre tract, that certain called
590	590	46.92 acre tract described in instrument to Poarch Swinbank, LLC.,
591	591	recorded under Clerk's File Number 2014084681, O.P.R.M.C.T., and
592	592	that certain called 11.526 acre tract described in instrument to
593	593	David Nunez, recorded under Clerk's File Number 2000064636,
594	594	O.P.R.M.C.T., common to the northeasterly line of said northerly
595	595	remainder of 478.483 acre tract, to a 5/8 inch iron rod (bent) found
596	596	for an angle point in the common line between said northerly
597	597	remainder of 478.483 acre tract and said 11.526 acre tract, being an
598	598	angle point in the northeasterly line of the herein described
599	599	144.058 acre tract;
600	600	THENCE South 47°56'09" East, 549.38 feet, continuing, with
601	601	the apparent common line between said Lynch Survey and said Davis
602	602	Survey, the southwesterly line of said 11.526 acre tract and the
603	603	remainder of that certain called 160 acre tract described in
604	604	instrument to M.E. Paddock, recorded in Volume 186, Page 409,
605	605	D.R.M.C.T., common to the northeasterly line of said remainder of
606	606	478.483 acre tract, to a 1/2 inch iron rod with cap stamped "TPS
607	607	100834-00" set in an arc of a non-tangent curve to the right in the
608	608	northerly right-of-way of said Seven Coves Road, for the common
609	609	corner of said northerly remainder of 478.483 acre tract and said
610	610	remainder of 160 acre tract, that certain called 1.896 acre tract
611	611	described in instrument to Montgomery County, recorded under
612	612	Clerk's File Number 2007112041, O.P.R.M.C.T., and said 11.892 acre
613	613	tract, being the southeasterly corner of the herein described
614	614	144.058 acre tract;
615	615	THENCE with the northerly right-of-way of said Seven Coves
616	616	Road, the common line between said northerly remainder of 478.483
617	617	acre tract and said 11.892 acre tract, the following two (2) courses
618	618	and distances:
619	619	1. Southwesterly, with the arc of said non-tangent
620	620	curve to the right, having a radius of 2905.00 feet, a central angle
621	621	of 13°48'39", and a chord that bears South 66°14'21" West, 698.55
622	622	feet, at an arc distance of 478.02 feet, pass a 5/8 inch iron rod
623	623	with Tx D.O.T. disk found for reference, in all, a total arc
624	624	distance of 700.24 feet, to a 5/8 inch iron rod with Tx D.O.T. disk
625	625	found for the end of said curve to the right;
626	626	2. South 73°51'25" West, 1961.96 feet, to the POINT OF
627	627	BEGINNING and containing a computed area of 144.058 acres of land
628	628	within this Field Note Description.
629	629	SECTION 3. (a) The legal notice of the intention to
630	630	introduce this Act, setting forth the general substance of this
631	631	Act, has been published as provided by law, and the notice and a
632	632	copy of this Act have been furnished to all persons, agencies,
633	633	officials, or entities to which they are required to be furnished
634	634	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
635	635	Government Code.
636	636	(b) The governor, one of the required recipients, has
637	637	submitted the notice and Act to the Texas Commission on
638	638	Environmental Quality.
639	639	(c) The Texas Commission on Environmental Quality has filed
640	640	its recommendations relating to this Act with the governor,
641	641	lieutenant governor, and speaker of the house of representatives
642	642	within the required time.
643	643	(d) All requirements of the constitution and laws of this
644	644	state and the rules and procedures of the legislature with respect
645	645	to the notice, introduction, and passage of this Act have been
646	646	fulfilled and accomplished.
647	647	SECTION 4. This Act takes effect immediately if it receives
648	648	a vote of two-thirds of all the members elected to each house, as
649	649	provided by Section 39, Article III, Texas Constitution. If this
650	650	Act does not receive the vote necessary for immediate effect, this
651	651	Act takes effect September 1, 2025.
652	652
653	653
654	654
655	655	Pos. No. Name of Director
656	656
657	657
658	658
659	659	1 Michele Burke
660	660
661	661
662	662
663	663	2 Andrew Williams
664	664
665	665
666	666
667	667	3 Benjamin Mellado
668	668
669	669
670	670
671	671	4 Mehmet Okumus
672	672
673	673
674	674
675	675	5 Joey Sergio Soto