Bill Text: TX SB2015 | 2015-2016 | 84th Legislature | Comm Sub

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Bill Title: Relating to the creation of the Montgomery County Municipal Utility District No. 152; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Sponsorship: Partisan Bill (Republican 2)

Status: (Engrossed - Dead) 2015-05-27 - Returned to Local & Consent Calendars Comm. [SB2015 Detail]

Download: Texas-2015-SB2015-Comm_Sub.html

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By: Creighton S.B. No. 2015
(Keough)

A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Montgomery County Municipal Utility
District No. 152; 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 7932 to read as follows:
CHAPTER 7932. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 152
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7932.001. 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 Montgomery County Municipal
Utility District No. 152.
Sec. 7932.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7932.003. 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. 7932.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7932.003
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. 7932.005. 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. 7932.006. 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. 7932.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7932.052, directors serve
staggered four-year terms.
Sec. 7932.052. 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 7932.003; 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 7932.003 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 7932.003; 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. 7932.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7932.102. 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. 7932.103. 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. 7932.104. 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. 7932.105. 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. 7932.151. 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 7932.153.
(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. 7932.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7932.151, 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. 7932.153. 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. 7932.201. 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. 7932.202. 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. 7932.203. 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 Montgomery County Municipal Utility District
No. 152 initially includes all the territory contained in the
following area:
A METES & BOUNDS description of a certain 695.3 acre tract of
land situated in the Montgomery County School Land Survey, Abstract
No. 351, the T. F. Johnson Survey, Abstract No. 299 and the Timothy
O'Neil Survey, Abstract No. 406 in Montgomery County, Texas, being
comprised of a called 364.7 acre tract of land (First Tract) and a
called 330.6 acre tract of land (Second Tract) conveyed to Bell
Endeavors, Ltd. From Helen Hilliard Brame by Special Warranty Deed
recorded in Clerk's File No. 2004-021196 of the Montgomery County
Official Public Records of Real Property; said 695.3 acre tract
being more particularly described in Two (2) Tracts as follows with
all bearings being based on a call of South 51°30' West, along the
common lines of the First and Second Tracts;
TRACT 1: 364.7 acres, more or less, of land, of which 286.5
acres, more or less, lies in the Montgomery County School Land
Survey, Abstract No. 350, 69.2 acres, more or less, lies in the
Montgomery County School Land Survey, Abstract No. 351, 6.5 acres,
more or less, lies in the T. F. Johnson Survey, Abstract No. 299,
and 2.5 acres, more or less, lies in the Timothy O'Neil Survey,
Abstract No. 406, and being the same land as conveyed to Winnie
Helen Hilliard by partition deed dated July 20, 1957, recorded in
Volume 434, Page 441 of the Deed Records of Montgomery County,
Texas; said 364.7 acres, more or less, of land being more
particularly described as follows:
BEGINNING at the Southwest corner of the S. Richardson
Survey, Abstract No. 460 and the Northwest corner of the T. F.
Johnson Survey, the Eastern Southeast corner of the Montgomery
County School Land Survey, Abstract No. 350, a Northeast intra
corner of the Montgomery County School Land Survey, Abstract
No. 351, and being Corner No. 1 hereof;
THENCE, S 00°30' W, 199.3 feet to Corner No. 2 hereof at the
Southwest corner of the Blanche Bender tract of land;
THENCE, East, 746.4 feet to Corner No. 3 hereof and the
Second Corner of Tract 2 hereof;
THENCE, S 51°30' W, 2738 feet to Corner No. 4 hereof and
Corner No. 1 of said Tract Two hereof, also being in the Northern
boundary line of a 660 acre tract as conveyed to Winnifred Bender
Beaman by said partition deed recorded in Volume 434, Page 441 of
said Deed Records, and also being the Southeast corner of the Doris
Eugenia Vaughan tract as described in said partition deed;
THENCE, N 38°35' W, 6268.4 feet to Corner No. 5 hereof and the
Northeast corner of said Doris Eugenia Vaughan tract in the center
of the Scott-Herrin Road;
THENCE, N 47°30' E, 800.4 feet with said Road [Deed (Volume
434, Page 441) call of N 46°40' E, 759.2 feet] to Corner No. 6
hereof;
THENCE, N 70°06' E, 1110.0 feet continuing with said road
[Deed (Volume 434, Page 441) call of N 68°55' E, 1110 feet] to its
intersection with the old Bender Tram Line for Corner No. 7 hereof;
THENCE, S 57°27' E, with said old Tram, 4397 feet [Deed
(Volume 434, Page 441) call of S 57°12' E, 4397 feet] to Corner No. 8
hereof in the West boundary line of the S. Richardson Survey;
THENCE, S 01°12'39" W, 1549.45 feet [Deed (Clerk's File
No. 2004-021196) call South 01°13' W, 1549.6 feet] along the West
line of the S. Richardson Survey to the PLACE OF BEGINNING AND
CONTAINING within these bounds 364.7 acres, more or less, of land.
TRACT 2: 330.6 acres, more or less, of land, of which 110.5
acres, more or less, lies in the Montgomery County School Land
Survey, Abstract No. 351, and 220.1 acres, more or less, lies in the
T. F. Johnson Survey, Abstract No. 299, and being the same land as
conveyed to Winnie Helen Hilliard by deed dated August 3, 1967,
recorded in Volume 646, Page 935 of the Montgomery County Deed
Records; said 330.6 acres, more or less, of land being more
particularly described as follows:
BEGINNING at Corner No. 4 of the Tract 1 herein, and Corner
No. 1 hereof;
THENCE, N 51°30' E, 2738.0 feet to a point for corner in the
Southern boundary line of said Blanche Bender tract for Corner
No. 2;
THENCE, East, 1009.6 feet with the Southern boundary line of
said Blanche Bender tract to Corner No. 3 hereof on the Western edge
of the Old Bender Tram Line;
THENCE, S 28°02' E, with said old Tram and/or road, 4024 feet
[Deed (Volume 434, Page 441) call of S 28°50' E, 3966.4 feet] to
Corner No. 4 hereof, on the Western side of said road, and being a
most Eastern corner of the Doris E. Vaughan 330 acres as described
in a deed recorded in Volume 646, Page 933 of said Deed Records;
THENCE, S 52°43' W, 2797.2 feet, [Deed (Volume 434, Page 441)
call of S 53° W, 2797.2 feet] to Corner No. 5 hereof and being a
re-entrant corner of the Doris E. Vaughan 330 acre tract;
THENCE, S 38°30'25" W, 4526.14 feet [Deed (Clerk's File
No. 2004-021196) call N 38°30' W, 4525.7 feet] to the PLACE OF
BEGINNING AND CONTAINING within these bounds 330.6 acres, more or
less, of land for a total of 695.3 acres in Montgomery County,
Texas.
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
7932, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7932.106 to read as follows:
Sec. 7932.106. 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 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, 2015.