Bill Text: TX HB4682 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the creation of the Montgomery County Municipal Utility District No. 166; 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: (Passed) 2019-06-10 - Effective immediately [HB4682 Detail]
Download: Texas-2019-HB4682-Enrolled.html
H.B. No. 4682 |
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relating to the creation of the Montgomery County Municipal Utility | ||
District No. 166; 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 8067 to read as follows: | ||
CHAPTER 8067. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 166 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8067.0101. 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. 166. | ||
Sec. 8067.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8067.0103. 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. 8067.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
8067.0103 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. 8067.0105. 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. 8067.0106. 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. 8067.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8067.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 8067.0202. TEMPORARY DIRECTORS. (a) The temporary | ||
board consists of: | ||
(1) Emily Lassetter; | ||
(2) Stephanie Trevino; | ||
(3) Mike Scott; | ||
(4) Allen DeJonge; and | ||
(5) Marcus Campbell. | ||
(b) Temporary directors serve until the earlier of: | ||
(1) the date permanent directors are elected under | ||
Section 8067.0103; 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 8067.0103 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 8067.0103; 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. 8067.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8067.0302. 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. 8067.0303. 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. 8067.0304. 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. 8067.0305. 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. | ||
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS | ||
Sec. 8067.0401. 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 8067.0403. | ||
(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. 8067.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8067.0401, 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. 8067.0403. 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. 8067.0501. 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. 8067.0502. 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. 8067.0503. 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. 166 initially includes all the territory contained in the | ||
following area: | ||
BEING a 200.31 acre tract of land in the T Chatham Survey | ||
Abstract 137 being all of a called 152.0 acre tract of land as | ||
recorded in Montgomery County Clerk's File No. 2017-01236 (Save and | ||
Except the Right of Way of FM 2854 as recorded in Volume 1110, Page | ||
816 of the Deed Records of Montgomery County) and all of a called | ||
52.4 acre tract of land as recorded in Montgomery County Clerk's | ||
File No. 2017-012360, said 200.31 acre tract being more | ||
particularly described as follows: | ||
BEGINNING at a 1/2" iron rod found for the southeast corner of | ||
Lot 13 Block 1 Hilltop Ranch, Section 1, a subdivision recorded in | ||
the Cabinet O, Sheet 138 of the Map Records of Montgomery County, | ||
Texas, also being the southwesterly corner of the said 52.4 acre | ||
tract and being southwesterly corner of herein described tract; | ||
THENCE N 02 deg. 05' 33" W along an easterly line of Hilltop | ||
Ranch, a distance of 1645.09 feet to a 1/2'' iron rod for an interior | ||
angle point of Hilltop Ranch and being the northwesterly corner of | ||
herein described tract; | ||
THENCE N 86 deg. 27' 49" E along a southerly line of Hilltop | ||
Ranch, a distance of 1300.68 feet to a 1/2" iron rod found for an | ||
easterly southeast corner of Hilltop Ranch, also in the westerly | ||
line of Roman Hills Section 1 as recorded in Volume 10, Sheet 58 of | ||
the Map Record of Montgomery County, Texas and being the | ||
northeasterly corner of herein described tract; | ||
THENCE S 02 deg. 42' 57" E along the westerly line of Roman | ||
Hills Section 1, a distance of 3381.75 feet to a 1/2'' iron rod found | ||
in the northerly line of a called 857.061 acre tract as recorded in | ||
Montgomery County Clerk's File No. 2013-004324, and being the | ||
southeasterly corner of herein described tract; | ||
THENCE S 89 deg. 21' 05" W along the northerly line of said | ||
857.061 acre tract, a distance of 1064.74 feet to a 3" iron pipe | ||
found for the northeasterly corner of the Winston Heir's 1.00 acre | ||
tract, also being the northwesterly corner of the said 857.061 acre | ||
tract and being a angle point of the herein described tract; | ||
THENCE S 87 deg. 24' 19" W along the northerly line of the | ||
Winston tract, a distance of 1949.94 feet to a 1/2" iron rod found | ||
in the easterly Right of Way of FM 2854, also being the | ||
northwesterly corner of a called 37.89 acre tract of land as | ||
recorded in Montgomery County Clerk's File No. 9534597, and being | ||
the southwesterly corner of the herein described tract; | ||
THENCE along the easterly Right of Way of FM 2854, N 52 deg. | ||
18' 39" W a distance of 865.84 feet to a concrete monument found for | ||
an angle point; | ||
THENCE along the easterly Right of Way of FM 2854, along a | ||
curve to the right with a radius of 2804.79 feet, a chord that bears | ||
N 44 deg. 18' 53" W a distance of 794.75 feet to a concrete monument | ||
found for an angle point; | ||
THENCE N 35 deg. 48' 17" W along the easterly Right of Way of | ||
FM 2854, a distance of 640.23 feet to a 5/8" iron rod found for the | ||
southerly southwest corner of Hilltop Ranch, and being the | ||
northwesterly corner herein described tract; | ||
THENCE N 87 deg. 34' 27" E along the southerly line of Hilltop | ||
Ranch, a distance of 3232.07 feet to the POINT OF BEGINNING and | ||
containing 200.31 acres of land, 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 | ||
8067, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8067.0306 to read as follows: | ||
Sec. 8067.0306. 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, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4682 was passed by the House on May 3, | ||
2019, by the following vote: Yeas 122, Nays 18, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4682 was passed by the Senate on May | ||
22, 2019, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |