Texas 2025 - 89th Regular

Texas Senate Bill SB3036 Compare Versions

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Old	New	Differences
1	1	89R13120 SCR-F
2	2	By: Creighton S.B. No. 3036
3	3
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5	5
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. 258; 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 8003A to read as follows:
16	16	CHAPTER 8003A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
17	17	NO. 258
18	18	SUBCHAPTER A. GENERAL PROVISIONS
19	19	Sec. 8003A.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. 258.
26	26	Sec. 8003A.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. 8003A.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. 8003A.0104. CONSENT OF MUNICIPALITY REQUIRED. The
34	34	temporary directors may not hold an election under Section
35	35	8003A.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. 8003A.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. 8003A.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. 8003A.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 8003A.0202, directors
66	66	serve staggered four-year terms.
67	67	Sec. 8003A.0202. TEMPORARY DIRECTORS. (a) On or after the
68	68	effective date of the Act enacting this chapter, the owner or owners
69	69	of a majority of the assessed value of the real property in the
70	70	district may submit a petition to the commission requesting that
71	71	the commission appoint as temporary directors the five persons
72	72	named in the petition. The commission shall appoint as temporary
73	73	directors the five persons named in the petition.
74	74	(b) Temporary directors serve until the earlier of:
75	75	(1) the date permanent directors are elected under
76	76	Section 8003A.0103; or
77	77	(2) the fourth anniversary of the effective date of
78	78	the Act enacting this chapter.
79	79	(c) If permanent directors have not been elected under
80	80	Section 8003A.0103 and the terms of the temporary directors have
81	81	expired, successor temporary directors shall be appointed or
82	82	reappointed as provided by Subsection (d) to serve terms that
83	83	expire on the earlier of:
84	84	(1) the date permanent directors are elected under
85	85	Section 8003A.0103; or
86	86	(2) the fourth anniversary of the date of the
87	87	appointment or reappointment.
88	88	(d) If Subsection (c) applies, the owner or owners of a
89	89	majority of the assessed value of the real property in the district
90	90	may submit a petition to the commission requesting that the
91	91	commission appoint as successor temporary directors the five
92	92	persons named in the petition. The commission shall appoint as
93	93	successor temporary directors the five persons named in the
94	94	petition.
95	95	SUBCHAPTER C. POWERS AND DUTIES
96	96	Sec. 8003A.0301. GENERAL POWERS AND DUTIES. The district
97	97	has the powers and duties necessary to accomplish the purposes for
98	98	which the district is created.
99	99	Sec. 8003A.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
100	100	DUTIES. The district has the powers and duties provided by the
101	101	general law of this state, including Chapters 49 and 54, Water Code,
102	102	applicable to municipal utility districts created under Section 59,
103	103	Article XVI, Texas Constitution.
104	104	Sec. 8003A.0303. AUTHORITY FOR ROAD PROJECTS. Under
105	105	Section 52, Article III, Texas Constitution, the district may
106	106	design, acquire, construct, finance, issue bonds for, improve,
107	107	operate, maintain, and convey to this state, a county, or a
108	108	municipality for operation and maintenance macadamized, graveled,
109	109	or paved roads, or improvements, including storm drainage, in aid
110	110	of those roads.
111	111	Sec. 8003A.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
112	112	road project must meet all applicable construction standards,
113	113	zoning and subdivision requirements, and regulations of each
114	114	municipality in whose corporate limits or extraterritorial
115	115	jurisdiction the road project is located.
116	116	(b) If a road project is not located in the corporate limits
117	117	or extraterritorial jurisdiction of a municipality, the road
118	118	project must meet all applicable construction standards,
119	119	subdivision requirements, and regulations of each county in which
120	120	the road project is located.
121	121	(c) If the state will maintain and operate the road, the
122	122	Texas Transportation Commission must approve the plans and
123	123	specifications of the road project.
124	124	Sec. 8003A.0305. COMPLIANCE WITH MUNICIPAL CONSENT
125	125	ORDINANCE OR RESOLUTION. The district shall comply with all
126	126	applicable requirements of any ordinance or resolution that is
127	127	adopted under Section 54.016 or 54.0165, Water Code, and that
128	128	consents to the creation of the district or to the inclusion of land
129	129	in the district.
130	130	Sec. 8003A.0306. DIVISION OF DISTRICT. This chapter
131	131	applies to any new district created by the division of the district
132	132	under Section 49.316, Water Code, and a new district has all the
133	133	powers and duties of the district.
134	134	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
135	135	Sec. 8003A.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
136	136	The district may issue, without an election, bonds and other
137	137	obligations secured by:
138	138	(1) revenue other than ad valorem taxes; or
139	139	(2) contract payments described by Section
140	140	8003A.0403.
141	141	(b) The district must hold an election in the manner
142	142	provided by Chapters 49 and 54, Water Code, to obtain voter approval
143	143	before the district may impose an ad valorem tax or issue bonds
144	144	payable from ad valorem taxes.
145	145	(c) The district may not issue bonds payable from ad valorem
146	146	taxes to finance a road project unless the issuance is approved by a
147	147	vote of a two-thirds majority of the district voters voting at an
148	148	election held for that purpose.
149	149	Sec. 8003A.0402. OPERATION AND MAINTENANCE TAX. (a) If
150	150	authorized at an election held under Section 8003A.0401, the
151	151	district may impose an operation and maintenance tax on taxable
152	152	property in the district in accordance with Section 49.107, Water
153	153	Code.
154	154	(b) The board shall determine the tax rate. The rate may not
155	155	exceed the rate approved at the election.
156	156	Sec. 8003A.0403. CONTRACT TAXES. (a) In accordance with
157	157	Section 49.108, Water Code, the district may impose a tax other than
158	158	an operation and maintenance tax and use the revenue derived from
159	159	the tax to make payments under a contract after the provisions of
160	160	the contract have been approved by a majority of the district voters
161	161	voting at an election held for that purpose.
162	162	(b) A contract approved by the district voters may contain a
163	163	provision stating that the contract may be modified or amended by
164	164	the board without further voter approval.
165	165	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
166	166	Sec. 8003A.0501. AUTHORITY TO ISSUE BONDS AND OTHER
167	167	OBLIGATIONS. The district may issue bonds or other obligations
168	168	payable wholly or partly from ad valorem taxes, impact fees,
169	169	revenue, contract payments, grants, or other district money, or any
170	170	combination of those sources, to pay for any authorized district
171	171	purpose.
172	172	Sec. 8003A.0502. TAXES FOR BONDS. At the time the district
173	173	issues bonds payable wholly or partly from ad valorem taxes, the
174	174	board shall provide for the annual imposition of a continuing
175	175	direct ad valorem tax, without limit as to rate or amount, while all
176	176	or part of the bonds are outstanding as required and in the manner
177	177	provided by Sections 54.601 and 54.602, Water Code.
178	178	Sec. 8003A.0503. BONDS FOR ROAD PROJECTS. At the time of
179	179	issuance, the total principal amount of bonds or other obligations
180	180	issued or incurred to finance road projects and payable from ad
181	181	valorem taxes may not exceed one-fourth of the assessed value of the
182	182	real property in the district.
183	183	SECTION 2. The Montgomery County Municipal Utility District
184	184	No. 258 initially includes all the territory contained in the
185	185	following area:
186	186	PART 1:
187	187	BEING 415.36 acres of land in the Samuel Lindley Survey,
188	188	Abstract Number 23, and the William Hulon Survey, Abstract Number
189	189	262 in Montgomery County, Texas, being a portion of the called
190	190	811.345 acre tract described under "Schedule 1", a portion of the
191	191	called 71.884 acre tract described under "Schedule 2", and all of
192	192	the called 11.071 acre tract described under "Schedule 3" in the
193	193	deed from William McComb Dunwoody to Esperanza Ranch LLC, recorded
194	194	under Document Number 2024075466 of the Official Public Records of
195	195	Montgomery County, Texas, said 415.36-acre tract being more
196	196	particularly described by metes and bounds as follows with bearings
197	197	based on the Texas Coordinate System of 1983, Central Zone:
198	198	BEGINNING at an axle found for the north corner of a called
199	199	2.872-acre tract described in the deed from Cynthia Ann Uhlenhop,
200	200	et al. to Willis Conservation Partners LLC recorded under Document
201	201	No. 2021144058 of the Official Public Records of Montgomery County,
202	202	Texas, in the southerly line of said called 71.884-acre tract;
203	203	THENCE North 77° 55' 08" West - 216.88 feet to a 5/8-inch iron
204	204	rod with cap stamped "IDS" set for the southwest corner of the said
205	205	called 71.884-acre tract, and an angle corner of the herein
206	206	described tract;
207	207	THENCE North 77° 36' 25" West - 516.26 feet to an axle found
208	208	for the northwest corner of said called 2.872-acre tract and an
209	209	angle corner of the herein described tract, in the easterly line of
210	210	said called 11.071-acre tract;
211	211	THENCE South 12° 54' 25" West - 50.78 feet to an iron bar found
212	212	for the southeast corner of said called 11.071-acre tract, the
213	213	northeast corner of a called 0.866-acre tract described in the deed
214	214	from Justin Hasara to Chinook LP recorded under Document Number
215	215	2016116601 of the Official Public Records of Montgomery County,
216	216	Texas and an angle corner of the herein described tract;
217	217	THENCE North 77° 10' 00" West - 208.84 feet to a 1/2-inch iron
218	218	rod with an unreadable cap found for the northwest corner of the
219	219	said called 0.866-acre tract, the southeast corner of the
220	220	11.071-acre tract and an angle corner of the herein described
221	221	tract, in the easterly right of way line of State Highway 75 (120'
222	222	R.O.W.);
223	223	THENCE, with the easterly right-of-way line of said State
224	224	Highway 75, the following courses, and distances:
225	225	North 05° 08' 47" East - 347.38 feet to a concrete monument
226	226	found for an angle corner of the herein described tract;
227	227	North 15° 56' 47" East - 2,910.67 feet to a 5/8-inch iron rod
228	228	with cap stamped "IDS" set for the beginning of a curve to the left;
229	229	in a northerly direction, with said curve to the left, having
230	230	a radius of 1616.70 feet, a central angle of 04° 20' 56", a chord
231	231	bearing and distance of North 13° 39' 18" East - 122.68 feet, and an
232	232	arc distance of 122.71 feet, to a 5/8-inch iron rod with cap stamped
233	233	"IDS" set for angle corner of a called 34.290 acre tract described
234	234	in the deed from Charles R. Dooley, et ux. to Tom Cutis Ansley, et
235	235	ux. recorded under Document No. 2010077331 of the Official Public
236	236	Records of Montgomery County, Texas, and being the most westerly
237	237	northwest corner of the herein described tract and end of said
238	238	curve;
239	239	THENCE, with the lines of said 34.290-acre tract, the
240	240	following courses, and distances:
241	241	North 56° 22' 40" East - 143.00 feet to a 5/8-inch iron rod
242	242	with cap stamped "IDS" set for an angle corner of the herein
243	243	described tract;
244	244	South 28° 46' 41" East - 1041.10 feet to an axle found laid
245	245	over at the southeast corner of the said 34.290-acre tract and an
246	246	angle corner of the herein described tract;
247	247	North 62° 10' 15" East - 757.18 feet to a 5/8-inch iron rod
248	248	with cap stamped "IDS" set for an angle corner of the herein
249	249	described tract;
250	250	North 60° 36' 45" East - 435.97 feet to a bent axle found for
251	251	the southeast corner of the called 34.290-acre tract and an angle
252	252	corner of the herein described tract;
253	253	North 17° 55' 46" West - 641.75 feet to an axle found for an
254	254	angle corner of the herein described tract;
255	255	THENCE North 17° 10' 32" West, at 370.87 feet pass a 1/2-inch
256	256	iron rod found for the most easterly northeast corner of said called
257	257	34.290-acre tract and the southeast corner of a called 2.913 acre
258	258	tract described in the deed from Jane Zimmer to Amber Renee Fischer,
259	259	Et al. recorded under Document Number 2017027478 of the official
260	260	Public Records of Montgomery County, Texas, a total distance of
261	261	715.73 feet to bent axle found for the northeast corner of said
262	262	called 2.913 acre tract and the most northerly northwest corner of
263	263	the herein described tract, in the southerly line of a called
264	264	162.577-acre tract described in the deed from Hanson Aggregates LLC
265	265	to Lehigh Hanson Materials South LLC recorded under Document Number
266	266	2021173941 of the Official Public Records of Montgomery County,
267	267	Texas;
268	268	THENCE, with the southern lines of said called 162.577-acre
269	269	tract, the following courses, and distances;
270	270	North 78° 00' 07" East - 834.82 feet to a crosstie fence post
271	271	found for an angle corner of the herein described tract;
272	272	North 66° 20' 31" East - 527.05 feet to a crosstie fence post
273	273	found for an angle corner of the herein described tract;
274	274	North 57° 56' 19" East - 452.74 feet to a crosstie fence post
275	275	found for an angle corner of the herein described tract;
276	276	North 40° 00' 02" East - 494.87 feet to a crosstie fence post
277	277	found for an angle corner of the herein described tract;
278	278	North 45° 26' 06" East - 388.64 feet to a crosstie fence post
279	279	found for an angle corner of the herein described tract;
280	280	THENCE North 54° 51' 45" East - 363.15 feet to a 5/8-inch iron
281	281	rod with cap stamped "IDS" set for the northeast corner of the
282	282	herein described tract, in the westerly right-of-way line of the
283	283	International & Great Northern Railroad right-of-way (150'-wide at
284	284	this section) as recorded under Volume 5, Page 108 of the Deed
285	285	Records of Montgomery County, Texas, from which an axle bears North
286	286	54° 51' 45" East - 25.17 feet ;
287	287	THENCE South 32° 15' 17" East - 3,620.70 feet, with the
288	288	westerly right-of-way line of said railroad, to a 5/8-inch iron rod
289	289	with cap stamped "IDS";
290	290	THENCE South 63° 15' 50" West - 6,378.60 feet to the POINT OF
291	291	BEGINNING of the herein described tract and containing 415.36 acres
292	292	of land.
293	293	PART 2:
294	294	BEING 1.270 acres of land in the William Hulon Survey,
295	295	Abstract Number 262, in Montgomery County, Texas, being all of the
296	296	called 1.2764-acre tract described under "Schedule 3", in the deed
297	297	from William McComb Dunwoody to Esperanza Ranch LLC, recorded under
298	298	Document Number 2024075466 of the Official Public Records of
299	299	Montgomery County, Texas, said 1.270-acre tract being more
300	300	particularly described by metes and bounds as follows with bearings
301	301	based on the Texas Coordinate System of 1983, Central Zone:
302	302	BEGINNING at a square bolt found for the southwest corner of a
303	303	called 2.213-acre tract described in the deed to 5921 Columbus Club
304	304	recorded under Volume 1154, Page 464 of the Deed Recorded of
305	305	Montgomery County, Texas, and being the northwest corner of the
306	306	herein described tract, in the easterly right-of-way line of
307	307	Interstate Highway 45 (R.O.W. Varies);
308	308	THENCE South 74° 30' 45" East - 177.32 feet, with the
309	309	southerly line of said 2.213-acre tract, to a 5/8-inch iron rod with
310	310	cap stamped "IDS" set for the northeast corner of the herein
311	311	described tract, in the westerly right-of-way line of State Highway
312	312	75 (120' R.O.W.);
313	313	THENCE South 15° 56' 47" West - 465.11 feet, with the westerly
314	314	right-of-way line of said State Highway 75, to a 5/8-inch iron rod
315	315	with cap stamped "IDS" set for the southeast corner of the herein
316	316	described tract;
317	317	THENCE North 74° 17' 44" West - 45.49 feet to a 5/8-inch iron
318	318	rod with cap stamped "IDS" set for the southwest corner of the
319	319	herein described tract, in the easterly right-of-way line of said
320	320	Interstate Highway 45;
321	321	THENCE North 06° 57' 44" West - 119.24 feet, with the easterly
322	322	right-of-way line of said Interstate Highway 45, to a concrete
323	323	monument found for an angle corner of the herein described tract;
324	324	THENCE North 02° 22' 59" East - 364.20 feet, continuing with
325	325	the easterly right-of-way line of said Interstate Highway 45, to
326	326	the POINT OF BEGINNING of the herein described tract and containing
327	327	1.270 acres of land.
328	328	SECTION 3. (a) The legal notice of the intention to
329	329	introduce this Act, setting forth the general substance of this
330	330	Act, has been published as provided by law, and the notice and a
331	331	copy of this Act have been furnished to all persons, agencies,
332	332	officials, or entities to which they are required to be furnished
333	333	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
334	334	Government Code.
335	335	(b) The governor, one of the required recipients, has
336	336	submitted the notice and Act to the Texas Commission on
337	337	Environmental Quality.
338	338	(c) The Texas Commission on Environmental Quality has filed
339	339	its recommendations relating to this Act with the governor, the
340	340	lieutenant governor, and the speaker of the house of
341	341	representatives within the required time.
342	342	(d) All requirements of the constitution and laws of this
343	343	state and the rules and procedures of the legislature with respect
344	344	to the notice, introduction, and passage of this Act are fulfilled
345	345	and accomplished.
346	346	SECTION 4. (a) If this Act does not receive a two-thirds
347	347	vote of all the members elected to each house, Subchapter C, Chapter
348	348	8003A, Special District Local Laws Code, as added by Section 1 of
349	349	this Act, is amended by adding Section 8003A.0307 to read as
350	350	follows:
351	351	Sec. 8003A.0307. NO EMINENT DOMAIN POWER. The district may
352	352	not exercise the power of eminent domain.
353	353	(b) This section is not intended to be an expression of a
354	354	legislative interpretation of the requirements of Section 17(c),
355	355	Article I, Texas Constitution.
356	356	SECTION 5. This Act takes effect immediately if it receives
357	357	a vote of two-thirds of all the members elected to each house, as
358	358	provided by Section 39, Article III, Texas Constitution. If this
359	359	Act does not receive the vote necessary for immediate effect, this
360	360	Act takes effect September 1, 2025.