Bill Text: TX HB4143 | 2015-2016 | 84th Legislature | Introduced
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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-05-06 - Comm. report sent to Local & Consent Calendar [HB4143 Detail]
Download: Texas-2015-HB4143-Introduced.html
By: Keough | H.B. No. 4143 |
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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. |