Bill Text: TX HB4611 | 2021-2022 | 87th Legislature | Enrolled


Bill Title: Relating to the creation of the Montgomery County Municipal Utility District No. 206; granting a limited power of eminent domain; providing authority to issue bonds.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2021-06-15 - Effective immediately [HB4611 Detail]

Download: Texas-2021-HB4611-Enrolled.html
 
 
  H.B. No. 4611
 
 
 
 
AN ACT
  relating to the creation of the Montgomery County Municipal Utility
  District No. 206; granting a limited power of eminent domain;
  providing authority to issue bonds.
         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 7928A to read as follows:
  CHAPTER 7928A. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
  NO. 206
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 7928A.0101.  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 Montgomery County Municipal
  Utility District No. 206.
         Sec. 7928A.0102.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 7928A.0103.  CONFIRMATION AND DIRECTOR 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. 7928A.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section
  7928A.0103 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. 7928A.0105.  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. 7928A.0106.  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. 7928A.0201.  GOVERNING BODY; TERMS.  (a)  The district
  is governed by a board of five elected directors.
         (b)  Except as provided by Section 7928A.0202, directors
  serve staggered four-year terms.
         Sec. 7928A.0202.  TEMPORARY DIRECTORS.  (a)  On or after the
  effective date of the Act enacting this chapter, 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 7928A.0103; or
               (2)  the fourth anniversary of the effective date of
  the Act enacting this chapter.
         (c)  If permanent directors have not been elected under
  Section 7928A.0103 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 7928A.0103; 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. 7928A.0301.  GENERAL POWERS AND DUTIES.  The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 7928A.0302.  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. 7928A.0303.  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. 7928A.0304.  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. 7928A.0305.  COMPLIANCE WITH MUNICIPAL CONSENT
  ORDINANCE OR RESOLUTION.  (a)  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.
         (b)  In addition to all the rights and remedies provided by
  other law, if the district violates the terms of an ordinance or
  resolution described by Subsection (a), the municipality is
  entitled to injunctive relief or a writ of mandamus issued by a
  court requiring the district and the district's officials to
  observe and comply with the terms of the ordinance or resolution.
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 7928A.0401.  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
  7928A.0403.
         (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. 7928A.0402.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 7928A.0401, 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. 7928A.0403.  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. 7928A.0501.  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, tax increment payments, grants, or
  other district money, or any combination of those sources, to pay
  for any authorized district purpose.
         Sec. 7928A.0502.  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. 7928A.0503.  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 Montgomery County Municipal Utility District
  No. 206 initially includes all the territory contained in the
  following area:
         Being 92.833 acres of land located in the John Toops Survey,
  Abstract Number 563, Montgomery County, Texas, being all of that
  certain called 92.8344 acre tract described in the deed to
  Cliffstone Hills, LTD., by an instrument of record in Document
  Number 2020146551 of the Official Public Records of Montgomery
  County, Texas (M.C.O.P.R.), said 92.833 acre tract being more
  particularly described by metes and bounds as follows (all bearings
  referenced to the Texas Coordinate System, Central Zone, NAD83;
         BEGINNING at a 1-inch pinched top iron pipe found marking the
  north corner of said 92.8344 acre tract, same being the east corner
  of that certain called 1.694 acre tract described in the deed to
  Break-Thru Performance Engineering, Inc., by an instrument of
  record under Document Number 2013102060, M.C.O.P.R., said point
  lying on the southwesterly right-of-way line of Loop 336 (width
  varies - as monumented);
         Thence, along the northeast line of said 92.8344 acre tract
  and the southwesterly right- of-way line of said Loop 336 the
  following 8 (eight) courses and distances:
         1.  South 64° 54' 08" East, 438.00 feet to a 4" x 4" concrete
  TXDOT monument found for corner;
         2.  South 67° 53' 50" East, 100.00 feet to a to a 4" x 4"
  concrete TXDOT monument found for corner;
         3.  South 64° 56' 38" East, 999.89 feet to a 5/8-inch iron rod
  found for corner;
         4.  South 62° 10' 50" East, 200.00 feet to a bent 1/2-inch
  iron rod found for corner;
         5.  South 64° 40' 50" East, 197.70 feet to a point for corner,
  from which a bent 1/2-inch iron rod bears South 26° 02' 39" West,
  0.74 feet;
         6.  South 67° 49' 50" East, 100.26 feet to a point for corner,
  from which a found broken 4" x 4" concrete TXDOT monument bears
  South 29° 29' 52" West, 0.59 feet;
         7.  South 65° 04' 49" East, 299.59 feet to a 4" x 4" concrete
  TXDOT monument found for corner;
         8.  South 67° 43' 26" East, 45.51 feet to a 5/8-inch iron rod
  with cap stamped "COTTON SURVEYING" found marking the east corner
  of said 92.8344 acre tract, same being the northwest corner of that
  certain called 186.0 acre tract described in the deed to Conroe ISD,
  by an instrument of record under File Number 2008034031, of the
  Official Public Records of Real Property of Montgomery County,
  Texas (M.C.O.P.R.R.P.);
         Thence, South 25° 27' 45" West, along the southeast line of
  said 92.8344 acre tract and the northwesterly line of said 186.0
  acre tract, 357.62 feet to a 5/8-inch iron rod with cap stamped
  "COTTON SURVEYING" found for corner;
         Thence, South 56° 37' 50" West, continuing along said common
  line, 2,407.87 feet to a 5/8-inch iron rod with cap stamped "COTTON
  SURVEYING" found marking the south corner of said 92.8344 acre
  tract and the west corner of said 186.0 acre tract, said point lying
  on the northeast right-of-way line of F.M. 3083 (called 120' wide)
  as described in Volume 283, Page 451 of the Montgomery County Deed
  Records (M.C.D.R.), and File Number 9045106, M.C.O.P.R.R.P.;
         Thence, North 33° 15' 24" West, 1,220.07 feet to a point for
  corner, from which a brass disk in concrete stamped "TXDOT" bears
  North 09° 24' 11" West, 1.26 feet, the beginning of a non-tangent
  curve;
         Thence, 215.57 feet continuing along said common line and the
  arc of a non-tangent curve to the right, having a radius of 3,010.63
  feet, a central angle of 04° 06' 09", and a chord which bears North
  31° 12' 54" West, 215.52 feet to the west corner of said 92.8344 acre
  tract, from which a 1/2-inch iron rod bears North 11° 00' 12" East,
  1.03 feet, said point lying on the southeasterly line of that
  certain called 9.66 acre tract described in the deed to Louisiana
  Electrical Wholesalers, Inc. by an instrument of record under File
  Number 9826542, M.C.O.P.R.R.P.;
         Thence, North 58° 28' 08" East, along a westerly line of said
  92.8344 acre tract and a south line of said 9.66 acre tract, 817.51
  feet to 1/2-inch iron rod found marking the east corner of said 9.66
  acre tract and an interior westerly corner of said 92.8344 acre
  tract;
         Thence, North 31° 23' 20" West, along a westerly line of said
  92.8344 acre tract and the easterly lines of said 9.66 acre tract
  and that certain called 3.956 acre tract described in the deed to
  Conroe Reload Center by an instrument of record under File Number
  9658151, M.C.O.P.R.R.P. 804.67 feet to the northwest corner of said
  92.8344 acre tract, from which a 5/8-inch iron rod bears South 15°
  41' 14" East, 0.85 feet, said point lying on the south line of that
  certain called 1.0 acre tract described in the deed to Agustin
  Ventura Gonzales by an instrument of record under Document Number
  2011076381, M.C.O.P.R.R.P.;
         Thence, North 56° 46' 10" East, along the north line of said
  92.8344 acre tract and the south lines of said 1.0 acre tract, that
  certain called 5.650 acre tract described in the deed to Texas
  Outdoor Power Sales, Inc. by an instrument of record under Document
  Number 2019075494, M.C.O.P.R., and the aforementioned 1.694 acre
  tract, 610.16 feet to the POINT OF BEGINNING and containing 92.833
  acres 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
  7928A, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 7928A.0306 to read as
  follows:
         Sec. 7928A.0306.  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 immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2021.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4611 was passed by the House on May 8,
  2021, by the following vote:  Yeas 108, Nays 31, 2 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 4611 on May 28, 2021, by the following vote:  Yeas 101, Nays 42,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 4611 was passed by the Senate, with
  amendments, on May 27, 2021, by the following vote:  Yeas 30, Nays
  1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor       
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