Texas 2025 - 89th Regular

Texas Senate Bill SB2251 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Creighton S.B. No. 2251
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to the creation of the Montgomery County Municipal Utility
9	9	District No. 259; granting a limited power of eminent domain;
10	10	providing authority to issue bonds; providing authority to impose
11	11	fees, and taxes.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle F, Title 6, Special District Local Laws
14	14	Code, is amended by adding Chapter ______ to read as follows:
15	15	CHAPTER . MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO.
16	16	259
17	17	SUBCHAPTER A. GENERAL PROVISIONS
18	18	Sec. .001. DEFINITIONS. In this chapter:
19	19	(1) "Board" means the district's board of directors.
20	20	(2) "Commission" means the Texas Commission on
21	21	Environmental Quality.
22	22	(3) "Director" means a board member.
23	23	(4) "District" means the Montgomery County Municipal
24	24	Utility District No. 259.
25	25	Sec. .002. NATURE OF DISTRICT. The district is a
26	26	municipal utility district created under Section 59, Article XVI,
27	27	Texas Constitution.
28	28	Sec. .003. CONFIRMATION AND DIRECTORS' ELECTION
29	29	REQUIRED. The temporary directors shall hold an election to
30	30	confirm the creation of the district and to elect five permanent
31	31	directors as provided by Section 49.102, Water Code.
32	32	Sec. .004. CONSENT OF MUNICIPALITY REQUIRED. The
33	33	temporary directors may not hold an election under Section .003
34	34	until each municipality in whose corporate limits or
35	35	extraterritorial jurisdiction the district is located has
36	36	consented by ordinance or resolution to the creation of the
37	37	district and to the inclusion of land in the district.
38	38	Sec. .005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
39	39	The district is created to serve a public purpose and benefit.
40	40	(b) The district is created to accomplish the purposes of:
41	41	(1) a municipal utility district as provided by
42	42	general law and Section 59, Article XVI, Texas Constitution; and
43	43	(2) Section 52, Article III, Texas Constitution, that
44	44	relate to the construction, acquisition, improvement, operation,
45	45	or maintenance of macadamized, graveled, or paved roads, or
46	46	improvements, including storm drainage, in aid of those roads.
47	47	Sec. .006. INITIAL DISTRICT TERRITORY. (a) The
48	48	district is initially composed of the territory described by
49	49	Section 2 of the Act enacting this chapter.
50	50	(b) The boundaries and field notes contained in Section 2 of
51	51	the Act enacting this chapter form a closure. A mistake made in the
52	52	field notes or in copying the field notes in the legislative process
53	53	does not affect the district's:
54	54	(1) organization, existence, or validity;
55	55	(2) right to issue any type of bond for the purposes
56	56	for which the district is created or to pay the principal of and
57	57	interest on a bond;
58	58	(3) right to impose a tax; or
59	59	(4) legality or operation.
60	60	SUBCHAPTER B. BOARD OF DIRECTORS
61	61	Sec. .051. GOVERNING BODY; TERMS. (a) The district is
62	62	governed by a board of five elected directors.
63	63	(b) Except as provided by Section 7990.052, directors serve
64	64	staggered four-year terms.
65	65	Sec. .052. TEMPORARY DIRECTORS. (a) On or after
66	66	September 1, 2025, the owner or owners of a majority of the assessed
67	67	value of the real property in the district may submit a petition to
68	68	the commission requesting that the commission appoint as temporary
69	69	directors the five persons named in the petition. The commission
70	70	shall appoint as temporary directors the five persons named in the
71	71	petition.
72	72	(b) Temporary directors serve until the earlier of:
73	73	(1) the date permanent directors are elected under
74	74	Section 003; or
75	75	(2) September 1, 2029.
76	76	(c) If permanent directors have not been elected under
77	77	Section .003 and the terms of the temporary directors have
78	78	expired, successor temporary directors shall be appointed or
79	79	reappointed as provided by Subsection (d) to serve terms that
80	80	expire on the earlier of:
81	81	(1) the date permanent directors are elected under
82	82	Section .003; or
83	83	(2) the fourth anniversary of the date of the
84	84	appointment or reappointment.
85	85	(d) If Subsection (c) applies, the owner or owners of a
86	86	majority of the assessed value of the real property in the district
87	87	may submit a petition to the commission requesting that the
88	88	commission appoint as successor temporary directors the five
89	89	persons named in the petition. The commission shall appoint as
90	90	successor temporary directors the five persons named in the
91	91	petition.
92	92	SUBCHAPTER C. POWERS AND DUTIES
93	93	Sec. .101. GENERAL POWERS AND DUTIES. The district has
94	94	the powers and duties necessary to accomplish the purposes for
95	95	which the district is created.
96	96	Sec. .102. MUNICIPAL UTILITY DISTRICT POWERS AND
97	97	DUTIES. The district has the powers and duties provided by the
98	98	general law of this state, including Chapters 49 and 54, Water Code,
99	99	applicable to municipal utility districts created under Section 59,
100	100	Article XVI, Texas Constitution.
101	101	Sec. .103. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
102	102	OR RESOLUTION. The district shall comply with all applicable
103	103	requirements of any ordinance or resolution that is adopted under
104	104	Section 54.016 or 54.0165, Water Code, and that consents to the
105	105	creation of the district or to the inclusion of land in the
106	106	district.
107	107	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
108	108	Sec. .151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
109	109	district may issue, without an election, bonds and other
110	110	obligations secured by:
111	111	(1) revenue other than ad valorem taxes; or
112	112	(2) contract payments described by Section .153.
113	113	(b) The district must hold an election in the manner
114	114	provided by Chapters 49 and 54, Water Code, to obtain voter approval
115	115	before the district may impose an ad valorem tax or issue bonds
116	116	payable from ad valorem taxes.
117	117	(c) The district may not issue bonds payable from ad valorem
118	118	taxes to finance a road project unless the issuance is approved by a
119	119	vote of a two-thirds majority of the district voters voting at an
120	120	election held for that purpose.
121	121	Sec. .152. OPERATION AND MAINTENANCE TAX. (a) If
122	122	authorized at an election held under Section .151, the district
123	123	may impose an operation and maintenance tax on taxable property in
124	124	the district in accordance with Section 49.107, Water Code.
125	125	(b) The board shall determine the tax rate. The rate may not
126	126	exceed the rate approved at the election.
127	127	Sec. .153. CONTRACT TAXES. (a) In accordance with
128	128	Section 49.108, Water Code, the district may impose a tax other than
129	129	an operation and maintenance tax and use the revenue derived from
130	130	the tax to make payments under a contract after the provisions of
131	131	the contract have been approved by a majority of the district voters
132	132	voting at an election held for that purpose.
133	133	(b) A contract approved by the district voters may contain a
134	134	provision stating that the contract may be modified or amended by
135	135	the board without further voter approval.
136	136	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
137	137	Sec. .201. AUTHORITY TO ISSUE BONDS AND OTHER
138	138	OBLIGATIONS. The district may issue bonds or other obligations
139	139	payable wholly or partly from ad valorem taxes, impact fees,
140	140	revenue, contract payments, grants, or other district money, or any
141	141	combination of those sources, to pay for any authorized district
142	142	purpose.
143	143	Sec. .202. TAXES FOR BONDS. At the time the district
144	144	issues bonds payable wholly or partly from ad valorem taxes, the
145	145	board shall provide for the annual imposition of a continuing
146	146	direct ad valorem tax, without limit as to rate or amount, while all
147	147	or part of the bonds are outstanding as required and in the manner
148	148	provided by Sections 54.601 and 54.602, Water Code.
149	149	Sec. .203. BONDS FOR ROAD PROJECTS. At the time of
150	150	issuance, the total principal amount of bonds or other obligations
151	151	issued or incurred to finance road projects and payable from ad
152	152	valorem taxes may not exceed one-fourth of the assessed value of the
153	153	real property in the district.
154	154	SECTION 2. Montgomery County Municipal Utility District No.
155	155	259 initially includes all the territory contained in the following
156	156	area:
157	157	SECTION 3. (a) The legal notice of the intention to
158	158	introduce this Act, setting forth the general substance of this
159	159	Act, has been published as provided by law, and the notice and a
160	160	copy of this Act have been furnished to all persons, agencies,
161	161	officials, or entities to which they are required to be furnished
162	162	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
163	163	Government Code.
164	164	(b) The governor, one of the required recipients, has
165	165	submitted the notice and Act to the Texas Commission on
166	166	Environmental Quality.
167	167	(c) The Texas Commission on Environmental Quality has filed
168	168	its recommendations relating to this Act with the governor, the
169	169	lieutenant governor, and the speaker of the house of
170	170	representatives within the required time.
171	171	(d) All requirements of the constitution and laws of this
172	172	state and the rules and procedures of the legislature with respect
173	173	to the notice, introduction, and passage of this Act are fulfilled
174	174	and accomplished.
175	175	SECTION 4. (a) If this Act does not receive a two-thirds
176	176	vote of all the members elected to each house, Subchapter C,
177	177	Chapter____, Special District Local Laws Code, as added by Section
178	178	1 of this Act, is amended by adding Section ____.108 to read as
179	179	follows:
180	180	Sec. .108. NO EMINENT DOMAIN POWER. The district may
181	181	not exercise the power of eminent domain.
182	182	(b) This section is not intended to be an expression of a
183	183	legislative interpretation of the requirements of Section 17(c),
184	184	Article I, Texas Constitution.
185	185	SECTION 5. This Act takes effect September 1, 2025.