Bill Text: TX HB2134 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to the creation of the Trinity Lakes Municipal Utility District of Montgomery County; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2017-05-18 - Effective on 9/1/17 [HB2134 Detail]
Download: Texas-2017-HB2134-Enrolled.html
H.B. No. 2134 |
relating to the creation of the Trinity Lakes Municipal Utility | ||
District of Montgomery County; 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 7971 to read as follows: | ||
CHAPTER 7971. TRINITY LAKES MUNICIPAL UTILITY DISTRICT OF | ||
MONTGOMERY COUNTY | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 7971.001. 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 Trinity Lakes Municipal | ||
Utility District of Montgomery County. | ||
Sec. 7971.002. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 7971.003. CONFIRMATION AND DIRECTORS' 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. 7971.004. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section 7971.003 | ||
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. | ||
Sec. 7971.005. 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. 7971.006. 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. 7971.051. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 7971.052, directors serve | ||
staggered four-year terms. | ||
Sec. 7971.052. TEMPORARY DIRECTORS. (a) On or after | ||
September 1, 2017, 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 7971.003; or | ||
(2) September 1, 2021. | ||
(c) If permanent directors have not been elected under | ||
Section 7971.003 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 7971.003; 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. 7971.101. GENERAL POWERS AND DUTIES. The district has | ||
the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 7971.102. 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. 7971.103. 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. 7971.104. 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. 7971.105. 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. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 7971.151. 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 7971.153. | ||
(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. 7971.152. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 7971.151, 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. 7971.153. 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. 7971.201. 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. 7971.202. 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. 7971.203. 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 Trinity Lakes Municipal Utility District of | ||
Montgomery County initially includes all the territory contained in | ||
the following area: | ||
BEING 93.40 acres (4,068,654 square feet) of land, all of the | ||
Remainder of a called 48.935 acres, conveyed to David Randall and | ||
Sandy Randall, by deed recorded under County Clerk's File Number | ||
(C.F.) 2006-032388 Official Public Records of Montgomery County, | ||
Texas (O.P.R. M.C.T.) and all of a called 41.296 acres, conveyed to | ||
HB American Group, Inc., by deed recorded under C.F. 2016019830 | ||
O.P.R. M.C.T. and part of FM 2432, 100' Public right-of-way | ||
(R.O.W.) lying adjacent to said Remainder and 41.296 acres, said | ||
93.40 acre tract lying in the G.W. Lonis Survey, Abstract 313, | ||
Ranson Tillons Survey, Abstract 580, Henry Alston Survey, Abstract | ||
59, William Hobdy Survey, Abstract 285, John Wilkerson Survey, | ||
Abstract 630 and the Jacob Eberly Survey, Abstract 196 and being | ||
more particularly described by metes and bounds as follows: | ||
BEGINNING at a found 1/2 inch iron pipe with Texas State Plane | ||
Coordinates, Texas Central NAD 83, Northing 10146503.586, Easting | ||
3840038.421, in the north right-of-way (R.O.W.) of FM 2432, 100' | ||
Public R.O.W., marking the common corner of Lots 45 and 46, Block 4, | ||
Texas National, Section 5, recorded under Cabinet B, Sheet 117 Map | ||
Records of Montgomery County, Texas (M.R. M.C.T.), also being the | ||
southeast corner of said Remainder and the herein described tract; | ||
THENCE along a curve to the right and said north R.O.W., having a | ||
radius of 2,898.08 feet, a delta angle of 13° 16' 47", and whose long | ||
chord bears South 60°59'41" West a distance of 670.20 feet to a point | ||
of curvature of the herein described tract; | ||
THENCE along a curve to the right and said north R.O.W., having a | ||
radius of 3,808.23 feet, a delta angle of 03° 10' 00", and whose long | ||
chord bears South 52°49'16" West a distance of 210.45 feet to a | ||
concrete monument, marking a point of tangency of the herein | ||
described tract; | ||
THENCE South 50°40'39" West, along said north R.O.W., a distance of | ||
133.24 feet to a point for corner, marking the east corner of the | ||
herein described tract; | ||
THENCE South 40°10'22" West, over and across said R.O.W., a distance | ||
of 100.00 feet to a found 1/2 inch iron rod, marking the most | ||
northerly corner of a cut-back, from which a TX-DOT Disk bears South | ||
46°51'32" East, a distance of 8.68 feet; | ||
THENCE South 03°17'08" East, along said cut-back, a distance of | ||
12.46 feet to a set 5/8 inch iron rod with cap "Landpoint 10194172" | ||
in the northwest R.O.W. of Seven Coves Road, public R.O.W. varies, | ||
marking the most southerly corner of said cut-back; | ||
THENCE South 40°31'14" West, along said northwest R.O.W., a distance | ||
of 593.57 feet (called 596.05') to a TX-DOT Disk, marking the | ||
southeast corner of a called 15.5382 acres, conveyed to Wes | ||
Schubert and Spouse Stephanie Schubert, by deed recorded C.F. | ||
2012085128 O.P.R. M.C.T., from which a TX-DOT Disk, bears North | ||
69°55'16" East, a distance of 0.56 feet; | ||
THENCE North 03°28'49" West, along the east line of said 15.5382 | ||
acres, a distance of 28.81 feet (called 29.99') to a found 5/8 inch | ||
iron rod, marking the northeast corner of said 15.5382 acres, also | ||
being an internal corner of the herein described tract, from which a | ||
found 1/2 inch iron rod with cap, bears South 10°17'27" East, a | ||
distance of 0.82 feet; | ||
THENCE South 86°35'29" West, along the north line of said 15.5382 | ||
acres, a distance of 2167.33 feet (called 2,166.51') to a found 1/2 | ||
inch iron rod in the east R.O.W. of Farrell Road, 60' Public R.O.W., | ||
marking the northwest R.O.W. of said 15.5382 acres, also being the | ||
southwest corner of the herein described tract; | ||
THENCE North 02°41'49" West, along said east R.O.W., a distance of | ||
728.95 feet (called 731.20') to a found 1/2 inch iron rod with cap, | ||
marking the southwest corner of a called 6.368 acres, conveyed to | ||
Ehlers Management, Inc., by deed recorded under C.F. 2014005771 | ||
O.P.R. M.C.T., also being the northwest corner of the herein | ||
described tract; | ||
THENCE North 86°24'55" East, passing at a distance of 1019.11 feet | ||
along the south line of said 6.368 acres, a called 5.00 acres, | ||
conveyed to Gary D. Kiddy and Diana K. Kiddy, by deed recorded under | ||
C.F. 9895647 O.P.R. M.C.T. and a called 4.463 acres, conveyed to Don | ||
Robinson and wife, Eileen Robinson, by deed recorded under C.F. | ||
99013144 O.P.R. M.C.T. to a found 5/8 inch iron rod , marking the | ||
common corner of said 4.463 acres and a called 3.168 acres, conveyed | ||
to Allen P. Mott Jr. and Marla J. Mott, by deed recorded under C.F. | ||
2016002862 O.P.R. M.C.T. and continuing for a total distance of | ||
1065.58 feet (called 1,071.09') to a found 1/2 inch iron rod, | ||
marking an angle point of the herein described tract; | ||
THENCE North 86°07'33" East, along the south line of said 3.168 | ||
acres, a distance of 247.75 feet to a found 1/2 inch iron rod, | ||
marking the common corner of said 3.168 acres and a called 1.6722 | ||
acres, conveyed to Arlene Elizabeth Buchanan Drawdy, by deed | ||
recorded under C.F. 9536359 O.P.R. M.C.T., marking an angle point | ||
of the herein described tract; | ||
THENCE North 85°36'58" East, along the south line of said 1.6722 | ||
acres passing at a distance of 186.38 feet a found 5/8 inch iron | ||
rod, being the common corner of said 1.6722 acres and 2.1691 acres | ||
and continuing for a total distance of 204.50 feet to a set 5/8 inch | ||
iron rod with cap "Landpoint 10194172", marking an angle point of | ||
the herein described tract; | ||
THENCE North 88°29'58" East, along the said south line of 2.1691 | ||
acres, a distance of 299.26 feet to a found 2 inch iron pipe, | ||
marking the southeast corner of said 2.1691 acres, also being an | ||
internal corner of the herein described tract; | ||
THENCE North 03°15'20" West, along the east line of said 2.1691 | ||
acres, a distance of 230.63 feet (called 229.79') to a found 1/2 | ||
inch iron rod in said south R.O.W., marking the north corner of said | ||
41.296 acres; | ||
THENCE along a curve to the left and said north R.O.W., having a | ||
radius of 2,819.17 feet, a delta angle of 09° 12' 35", and whose long | ||
chord bears North 71°21'11" West a distance of 452.66 feet to a | ||
concrete monument in the north line of said 1.6722 acres, also being | ||
a point tangency of the herein described tract; | ||
THENCE North 75°39'54" West, along said south R.O.W., a distance of | ||
346.79 feet to a point for corner in the north line of said 3.168 | ||
acres, marking an external corner of the herein described tract; | ||
THENCE North 03°42'57" West, over and across said FM 2432, passing | ||
at a distance of 105.18 feet a found 3/8 inch iron rod, marking the | ||
common corner of said Remainder and a called 6.000 acres, conveyed | ||
to Kent D. Conaster and wife, Tamara M. Conaster, by deed recorded | ||
under C.F. 9738800 O.P.R. M.C.T., continuing for a total distance | ||
of 836.69 feet to a found 3/8 inch iron rod, marking the northeast | ||
corner of said 6.000 acres, also being an internal corner of said | ||
Remainder and the herein described tract; | ||
THENCE South 88°16'11" W, along the north line of said 6.000 acres | ||
and a called 3.003 acres, conveyed to Nathan Palmer and Kimberly | ||
Palmer, by deed recorded under C.F. 2006-095132 O.P.R. M.C.T., | ||
passing at a distance of 386.80 feet a found 1/2 inch iron rod, | ||
marking the common corner of said 6.000 acres and said 3.003 acres | ||
and continuing for a total distance of 421.35 feet to a found 1/2 | ||
inch iron pipe and a found 5/8 inch iron rod, marking an angle point | ||
of said 3.003 acres, the common corner of Lot 18 and 19, Block 1, | ||
Texas National, Section 1, recorded under Cabinet A, Sheet 189 M.R. | ||
M.C.T. , also being the most northerly southwest corner of said | ||
Remainder and the herein described tract; | ||
THENCE North 02°44'12" West, along east line of said Lot 18 and 19, | ||
Block 1 and Lots 29 thru 43, the Amending Plat of Texas National | ||
Country Club Homes, by deed recorded under Cabinet A, Sheet 190 M.R. | ||
M.C.T, a distance of 1129.53 feet to a set 5/8 inch iron rod with cap | ||
"Landpoint 10194172", marking the southwest corner of a called | ||
0.797 acres, conveyed to The C.L. McIlvain Family Trust, by deed | ||
recorded under C.F. 2008-088344 O.P.R. M.C.T., also being the | ||
northwest corner of the herein described tract; | ||
THENCE North 87°02'59" East, along the south line of said 0.797 | ||
acres, a distance of 235.39 feet to a point for corner, marking the | ||
southeast corner of said 0.797 acres, also being an internal corner | ||
of the herein described tract, from which a found 1/2 inch iron rod | ||
with cap, bears South 55°38' 33" West a distance of 0.49 feet; | ||
THENCE North 02°44'12" West, along the east line of said 0.797 | ||
acres, a distance of 147.47 feet to a found 1/2 inch iron, marking | ||
the common corner of Lots 3 and 4, Block 4, Texas National, Section | ||
2, recorded under Cabinet B, Sheet 35 M.R. M.C.T., also being an | ||
external corner of the herein described tract; | ||
THENCE North 87°02'59" East, along Lot 4 thru 15, said Block 4, Texas | ||
National, Section 2, passing at a distance of 75.00 feet a found 1/2 | ||
inch iron, marking the common corner of said Lots 4 and 5, passing | ||
at a distance of 525.10 feet a found 1/2 inch iron, marking the | ||
common corner of said Lots 10 and 11, passing at a distance of | ||
600.10 feet a found 1/2 inch iron, marking the common corner of said | ||
Lots 11 and 12, passing at a distance of 675.00 feet a found 1/2 inch | ||
iron, marking the common corner of said Lots 12 and 13, passing at a | ||
distance of 755.00 feet a found 1/2 inch iron, marking the common | ||
corner of said Lots 13 and 14 and continuing for a total a distance | ||
of 918.50 feet to a found 1/2 inch iron pipe in the west line of Lot | ||
17, said Block 4, Texas National, Section 2, marking the southeast | ||
corner of said Lot 15, also being the northeast corner of said | ||
Remainder and the herein described tract; | ||
THENCE South 03°30'52" East, along the west line of Lots 17 thru 28, | ||
Block 4, Texas National, Section 2 and Lots 29 thru 45, said Block | ||
4, Texas National, Section 5, a distance of 2279.72 feet to a found | ||
1/2 inch iron pipe, being said southeast corner of said Remainder | ||
and the POINT OF BEGINNING and containing a computed 93.40 acres | ||
(4,068,654 square feet) of land. | ||
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 | ||
7971, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 7971.106 to read as follows: | ||
Sec. 7971.106. 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 September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 2134 was passed by the House on April | ||
27, 2017, by the following vote: Yeas 141, Nays 3, 3 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 2134 was passed by the Senate on May | ||
4, 2017, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |