Bill Text: TX SB2462 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the creation of the Montgomery County Municipal Utility District No. 161; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-05-03 - Recommendations filed with the Senate [SB2462 Detail]
Download: Texas-2019-SB2462-Comm_Sub.html
By: Creighton | S.B. No. 2462 | |
(In the Senate - Filed March 26, 2019; March 27, 2019, read | ||
first time and referred to Committee on Intergovernmental | ||
Relations; April 23, 2019, reported favorably by the following | ||
vote: Yeas 6, Nays 0; April 23, 2019, sent to printer.) | ||
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relating to the creation of the Montgomery County Municipal Utility | ||
District No. 161; 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 8089 to read as follows: | ||
CHAPTER 8089. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 161 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8089.0101. 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. 161. | ||
Sec. 8089.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8089.0103. 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. 8089.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
8089.0103 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. 8089.0105. 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. 8089.0106. 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. 8089.0201. GOVERNING BODY; TERMS. (a) The district | ||
is governed by a board of five elected directors. | ||
(b) Except as provided by Section 8089.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 8089.0202. 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 8089.0103; 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 8089.0103 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 8089.0103; 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. 8089.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8089.0302. 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. 8089.0303. 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. 8089.0304. 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. 8089.0305. 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. | ||
Sec. 8089.0306. DIVISION OF DISTRICT. (a) The district | ||
may be divided into two or more new districts only if the district: | ||
(1) has never issued any bonds; and | ||
(2) is not imposing ad valorem taxes. | ||
(b) This chapter applies to any new district created by the | ||
division of the district, and a new district has all the powers and | ||
duties of the district. | ||
(c) A new district created by the division of the district | ||
may not, at the time the new district is created, contain any land | ||
outside the area described by Section 2 of the Act enacting this | ||
chapter. | ||
(d) The board, on its own motion or on receipt of a petition | ||
signed by the owner or owners of a majority of the assessed value of | ||
the real property in the district, may adopt an order dividing the | ||
district. | ||
(e) The board may adopt an order dividing the district | ||
before or after the date the board holds an election under Section | ||
8089.0103 to confirm the district's creation. | ||
(f) An order dividing the district shall: | ||
(1) name each new district; | ||
(2) include the metes and bounds description of the | ||
territory of each new district; | ||
(3) appoint temporary directors for each new district; | ||
and | ||
(4) provide for the division of assets and liabilities | ||
between the new districts. | ||
(g) On or before the 30th day after the date of adoption of | ||
an order dividing the district, the district shall file the order | ||
with the commission and record the order in the real property | ||
records of each county in which the district is located. | ||
(h) A new district created by the division of the district | ||
shall hold a confirmation and directors' election as required by | ||
Section 8089.0103. | ||
(i) If the creation of the new district is confirmed, the | ||
new district shall provide the election date and results to the | ||
commission. | ||
(j) Any new district created by the division of the district | ||
must hold an election as required by this chapter to obtain voter | ||
approval before the district may impose a maintenance tax or issue | ||
bonds payable wholly or partly from ad valorem taxes. | ||
(k) Municipal consent to the creation of the district and to | ||
the inclusion of land in the district granted under Section | ||
8089.0104 acts as municipal consent to the creation of any new | ||
district created by the division of the district and to the | ||
inclusion of land in the new district. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8089.0401. 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 8089.0403. | ||
(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. 8089.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8089.0401, 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. 8089.0403. 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. 8089.0501. 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, grants, or other district money, or any | ||
combination of those sources, to pay for any authorized district | ||
purpose. | ||
Sec. 8089.0502. 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. 8089.0503. 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. 161 initially includes all the territory contained in the | ||
following area: | ||
A description of a 652 acre tract of land, located in the | ||
Alfonzo Steel Survey, Abstract 477, the John Bricker Survey, | ||
Abstract 98, the Gowan Harris Survey, Abstract 246, and the Lemuel | ||
Smith Survey, Abstract 502, in Montgomery County, Texas; out of the | ||
1835.060 acre tract of land referenced as Tract III, Parcel 2, and | ||
out of the 191.470 acre tract of land referenced as Tract II, Parcel | ||
1 and out of the 105.594 acre tract of land referenced as Tract 2, | ||
Parcel 4 described in the deed recorded under Document Number | ||
2018042236 of the Official Public Records of Montgomery County, | ||
Texas and more particularly described as follows: | ||
BEGINNING at the south corner of said John Bricker Survey, | ||
common to the east corner of said Gowan Harris Survey and the south | ||
corner of said Tract 2, Parcel 4; | ||
THENCE North 30° 26' 13" West - 3138.61, along the west line of | ||
said Tract 2, Parcel 4, partially along the southwest line of said | ||
John Bricker Survey, common to the northeast line of said Gowan | ||
Harris Survey, to the intersection of said common line and the north | ||
right-of-way line of State Highway 242 (Lazy River Road), and the | ||
south line of aforesaid Tract III, Parcel 2, and the south line of | ||
aforesaid Tract 2, Parcel 1, common to the point of non-tangent | ||
curve to the right; | ||
THENCE along said north right-of-way line, and along said | ||
south line of said Tract III, Parcel 2, along said curve to the | ||
right, 60.70', with a radius of 2565.25', a central angle of 01° 21' | ||
21", and a chord bearing and distance of North 73° 32' 31" West - | ||
60.70', to the end of curve; | ||
THENCE continuing along said north right-of-way line, common | ||
to the south line of said Tract 3, Parcel 2, the following twenty | ||
(20) courses and distances: | ||
North 72° 50' 00" West - 1063.30'; | ||
North 69° 00' 59" West - 299.06'; | ||
North 72° 47' 05" West - 101.02'; | ||
North 78° 40' 07" West - 99.47'; | ||
North 72° 47' 17" West - 201.25'; | ||
North 71° 52' 08" West - 299.75'; | ||
North 72° 59' 03" West - 100.41'; | ||
North 75° 32' 57" West - 99.82'; | ||
North 73° 01' 36" West - 511.85'; | ||
North 72° 53' 37" West - 586.90'; | ||
North 78° 36' 15" West - 100.50'; | ||
North 72° 53' 37" West - 314.28' to a point on a curve to | ||
the left; | ||
262.81', along said curve to the left, with a radius of | ||
2954.79', a central angle of 05° 05' 46", and a chord bearing | ||
and distance of North 75° 26' 30" West - 262.72' to the end of | ||
curve; | ||
North 75° 22' 06" West - 525.80'; | ||
South 81° 54' 27" West - 733.46'; | ||
South 76° 44' 39" West - 418.29'; | ||
South 69° 22' 36" West - 409.05;' | ||
South 66° 28' 20" West - 300.00'; | ||
South 63° 36' 35" West - 300.37'; | ||
South 66° 28' 20" West - 799.40', to the intersection of | ||
aforesaid north right-of-way line and the west line of an | ||
electric transmission corridor, in the south line of | ||
aforesaid Tract 3, Parcel 2; | ||
THENCE North 52° 44' 18" West - 2544.15', along said electric | ||
transmission corridor, to a point for corner; | ||
THENCE North 43° 44' 05" West - 4153.21', continuing along | ||
said electric transmission corridor, to the intersection of said | ||
west corridor line and the northwest line of aforesaid Tract III, | ||
Parcel 2; | ||
THENCE North 59° 01' 30" East - 3444.33', along said northwest | ||
line, to the west corner of the 37.61 acre tract described as | ||
"First" tract in the partition deed recorded under Volume 583, Page | ||
609, of the Deed Records of Montgomery County, Texas; | ||
THENCE South 30° 15' 23" East - 1567.16', continuing along the | ||
northeast line of aforesaid Tract III, Parcel 2, along the | ||
southwest line of said "First" tract, and the southwest line of the | ||
37.61 acre tract described as "Second" tract in the partition deed | ||
recorded under Volume 583, Page 609, of the Deed Records of | ||
Montgomery County, Texas, to the south corner of said "Second" | ||
tract; | ||
THENCE North 58° 50' 47" East - 1372.93', continuing along the | ||
northwest line of said Tract III, Parcel 2, along the southeast line | ||
of said "Second" tract, to a point for corner in said southeast line | ||
of said "Second" tract; | ||
THENCE South 30° 26' 27" East - 2772.87', to a point for | ||
corner; | ||
THENCE South 59° 25' 43" West - 1902.10' to a point for corner; | ||
THENCE South 15° 49' 15" East - 1921.98' to a point which is | ||
located three hundred feet north of the north right-of-way of | ||
aforesaid State Highway 242; | ||
THENCE along a line, three-hundred feet (300') north of | ||
parallel with said north right-of-way line, the following | ||
twenty-two (22) courses and distances: | ||
North 66° 28' 20" East - 320.29'; | ||
North 63° 36' 35" East - 300.37'; | ||
North 66° 28' 20" East - 315.10'; | ||
North 69° 22' 36" East - 435.97'; | ||
North 76° 44' 39" East - 451.13'; | ||
North 81° 54' 27" East - 807.27'; | ||
South 75° 22' 06" East - 579.39' to the beginning of a | ||
curve to the right; | ||
282.46', along said curve to the right, with a radius of | ||
3254.79', a central angle of 04° 58' 20", and a chord bearing | ||
and distance of South 75° 22' 47" East - 282.37' to the end of | ||
curve; | ||
South 72° 53' 37" East - 299.32'; | ||
South 78° 36' 15" East - 100.50'; | ||
South 72° 53' 37" East - 601.51'; | ||
South 73° 01' 36" East - 504.90'; | ||
South 75° 32' 57" East - 99.73'; | ||
South 72° 59' 03" East - 110.05'; | ||
South 71° 52' 08" East - 300.26'; | ||
South 72° 47' 17" East - 183.43'; | ||
South 78° 40' 07" East - 99.48'; | ||
South 72° 47' 05" East - 126.31'; | ||
South 69° 00' 59" East - 298.93'; | ||
South 72° 50' 13" East - 1053.14' to the beginning of a | ||
tangent curve to the left; | ||
1655.03', along said curve to the left, with a radius of | ||
2565.25', a central angle of 36° 57' 57", and a chord bearing | ||
and distance of North 88° 37' 40" East - 1626.48' to the end of | ||
curve; | ||
North 70° 12' 35" East - 881.55'; | ||
THENCE North 67° 55' 52" East - 25.80', to the intersection of | ||
said three hundred foot offset and the west right-of-way line of FM | ||
1314 (Conroe Porter Road), and the east line of aforesaid Tract 2, | ||
Parcel 1; | ||
THENCE North 11° 00' 27" West - 587.98', continuing along said | ||
west right-of-way line of FM 1314 (Conroe Porter Road), and the east | ||
line of aforesaid Tract 2, Parcel 1, to a point for corner; | ||
THENCE North 12° 31' 04" West - 2420.93', continuing along | ||
said common line, and the east line of aforesaid Tract III, Parcel 2 | ||
to a point for corner; | ||
THENCE North 12° 33' 22" West - 34.59', continuing along | ||
aforesaid west right-of-way line of FM 1314 (Conroe Porter Road) | ||
and the east line of aforesaid Tract III, Parcel 2, to the beginning | ||
of a tangent curve to the left; | ||
THENCE, 1150.34', continuing along said common line, along | ||
said curve to the left, having a radius of 1859.86', a central angle | ||
of 35° 26' 17", and a chord bearing and distance of North 30° 18' 14" | ||
West - 1132.09' to the end of curve; | ||
THENCE North 48° 01' 22" West - 2965.58', continuing along | ||
said common line, to the intersection of said common line and the | ||
northwest line of aforesaid Alfonzo Steel Survey; | ||
THENCE North 58° 58' 24" East - 105.84', along the northwest | ||
line of said Alfonzo Steel Survey, to the intersection of said | ||
northwest line and the east right-of-way line of aforesaid FM 1314 | ||
(Conroe Porter Road), the northwest corner of the 273.466 acre | ||
tract of land referenced as Tract III, Parcel 1 described in the | ||
deed recorded under Document Number 2018042236 of the Official | ||
Public Records of Montgomery County, Texas; | ||
THENCE South 48° 01' 22" East - 2935.99', continuing along | ||
said east right-of-way line, and the west line of Tract III, Parcel | ||
1, to the beginning of a curve to the right; | ||
THENCE, 1212.26', continuing along said common line, along | ||
said curve to the right, with a radius of 1959.86', a central angle | ||
of 35° 26' 24", and a chord bearing and distance of South 30° 16' 34" | ||
East - 1193.03' to the end of curve; | ||
THENCE South 12° 33' 22" East - 1.21, continuing along said | ||
common line, to a point for corner; | ||
THENCE South 12° 01' 58" East - 2102.94', continuing along | ||
said east right-of-way line, and west line of the Tract III, Parcel | ||
1 and the west line of a 195.961 acre tract of land referenced as | ||
Tract 2, Parcel 2 described in the deed recorded under Document | ||
Number 2018042236 of the Official Public Records of Montgomery | ||
County, Texas; to a point for corner; | ||
THENCE South 13° 30' 38" East - 995.85', continuing along said | ||
east right-of-way line, and said west line of Tract 2, Parcel 2, to | ||
a point for corner; | ||
THENCE South 23° 14' 55" East - 200.33', continuing along said | ||
common line, to the intersection of said common line and the north | ||
right-of-way line of State Highway 242; | ||
THENCE South 16° 50' 19" East - 538.64', continuing along | ||
aforesaid east right-of-way line, to a point for corner at the | ||
intersection of said east right-of-way line and the south | ||
right-of-way line of said State Highway 242, the northwest corner | ||
of a 90.860 acre tract of land referenced as Tract 2, Parcel 3 | ||
described in the deed recorded under Document Number 2018042236 of | ||
the Official Public Records of Montgomery County, Texas; | ||
THENCE South 19° 50' 32" East - 241.38', continuing along said | ||
east right-of-way line, and the west line of said Tract 2, Parcel 3, | ||
to a point for corner; | ||
THENCE South 22° 10' 36" East - 597.39', continuing along said | ||
common line, to a point for corner; | ||
THENCE South 24° 51' 16" East - 778.41', continuing along said | ||
common line, to the intersection of said common line and the | ||
southeast line of aforesaid John Bricker Survey; | ||
THENCE South 60° 50' 57" West - 89.83', along said southeast | ||
line of the John Bricker Survey, to the southeast corner of | ||
aforesaid Tract 2, Parcel 4; | ||
THENCE South 59° 09' 24" West - 2139.18', along the southeast | ||
line of said Tract 2, Parcel 4 and said southeast line of the John | ||
Bricker Survey, to the POINT OF BEGINNING, and containing 652 | ||
acres, more or less. | ||
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 | ||
8089, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8089.0307 to read as follows: | ||
Sec. 8089.0307. 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, 2019. | ||
* * * * * |