Bill Text: TX HB4710 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the creation of the Montgomery County Municipal Utility District No. 180; 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) 2019-06-14 - Effective immediately [HB4710 Detail]
Download: Texas-2019-HB4710-Enrolled.html
H.B. No. 4710 |
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relating to the creation of the Montgomery County Municipal Utility | ||
District No. 180; 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 8083 to read as follows: | ||
CHAPTER 8083. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 180 | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 8083.0101. 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. 180. | ||
Sec. 8083.0102. NATURE OF DISTRICT. The district is a | ||
municipal utility district created under Section 59, Article XVI, | ||
Texas Constitution. | ||
Sec. 8083.0103. 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. 8083.0104. CONSENT OF MUNICIPALITY REQUIRED. The | ||
temporary directors may not hold an election under Section | ||
8083.0103 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. 8083.0105. 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. 8083.0106. 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. 8083.0201. GOVERNING BODY; TERMS. (a) The district is | ||
governed by a board of five elected directors. | ||
(b) Except as provided by Section 8083.0202, directors | ||
serve staggered four-year terms. | ||
Sec. 8083.0202. 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 8083.0103; 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 8083.0103 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 8083.0103; 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. 8083.0301. GENERAL POWERS AND DUTIES. The district | ||
has the powers and duties necessary to accomplish the purposes for | ||
which the district is created. | ||
Sec. 8083.0302. 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. 8083.0303. 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. 8083.0304. 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. 8083.0305. 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. 8083.0306. 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 | ||
8083.0103 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 8083.0103. | ||
(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 | ||
8083.0104 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. 8083.0401. 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 8083.0403. | ||
(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. 8083.0402. OPERATION AND MAINTENANCE TAX. (a) If | ||
authorized at an election held under Section 8083.0401, 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. 8083.0403. 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. 8083.0501. 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. 8083.0502. 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. 8083.0503. 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. 180 initially includes all the territory contained in the | ||
following area: | ||
TRACT 1: | ||
Being 303.862 acres of land situated in the Lorenzo Jones | ||
Survey, A-294, and the Joseph B. Artoff Survey, A-56, Montgomery | ||
County, Texas, and being out of a residual of a certain 1731.823 | ||
acres of land as described in deed recorded under County Clerk's | ||
File No. 2007-032747 of the Real Property Records of Montgomery | ||
County, Texas, said 303.862 acres of land being more particularly | ||
described by metes and bounds as follows: | ||
BEGINNING at a 5/8 inch iron rod with survey cap (Moyer) found | ||
in the east line of F.M. 1486, a 100 foot right-of-way, for the | ||
northwest corner of a certain 73.082 acres of land as described in | ||
deed recorded under County Clerk's File No. 2008-033746 of the Real | ||
Property Records of Montgomery County, Texas, same being the | ||
southwest corner and POINT OF BEGINNING of the herein described | ||
tract; | ||
THENCE North 02 degrees 35 minutes 18 seconds West, along the | ||
east line of said F.M. 1486 and the west boundary line of the herein | ||
described tract, a distance of 1424.40 feet to a 5/8 inch iron rod | ||
with survey cap (Moyer) set for the northwest corner of the herein | ||
described tract; | ||
THENCE North 87 degrees 31 minutes 51 seconds East, severing | ||
the said residual of 1731.823 acres of land along the north boundary | ||
line of the herein described tract, a distance of 9,294.00 feet to a | ||
5/8 inch iron rod with survey cap (Moyer) set for the northeast | ||
corner of the herein described tract; | ||
THENCE South 02 degrees 28 minutes 09 seconds East, severing | ||
the said 1731.823 acres of land along the east boundary line of the | ||
herein described tract, a distance of 1424.40 feet to a 5/8 inch | ||
iron rod with survey cap (Moyer) set for the southeast corner of the | ||
herein described tract; | ||
THENCE South 87 degrees 31 minutes 51 seconds West, severing | ||
the said 1731.823 acres of land along the south boundary line of the | ||
herein described tract, passing at 787.06 feet, a 5/8 inch iron rod | ||
with survey cap (Moyer) found for reference and the northeast | ||
corner of a certain 300.000 acres of land as described in deed | ||
recorded under County Clerk's File No. 2007-058588 of the Real | ||
Property Records of Montgomery County, Texas, passing at 6,862.31 | ||
feet a 5/8 inch iron rod with survey cap (Moyer) found for reference | ||
and the northwest corner of the said 300.000 acres of land common to | ||
the northeast corner of the said 73.082 acres of land continuing in | ||
all a distance of 9291.04 feet to the POINT OF BEGINNING and | ||
containing 303.862 acres of land. | ||
TRACT 2: | ||
Being 362.014 acres of land situated in the Joseph M. | ||
Robinson Survey, A-450; the Lorenzo Jones Survey, A-294; and the | ||
Joseph B. Artoff Survey, A-56, Montgomery County, Texas, and being | ||
out of a residual of a certain 1731.823 acres of land as described | ||
in deed recorded under County Clerk's File No. 2007-032747 of the | ||
Real Property Records of Montgomery County, Texas, said 362.014 | ||
acres of land being more particularly described by metes and bounds | ||
as follows: | ||
BEGINNING at a 5/8 inch iron rod with survey cap (Moyer) set | ||
in the east line of F.M. 1486 for the southwest corner of a certain | ||
640.75 acres of land as described in deed recorded under County | ||
Clerk's File No. 9726626 of the Real Property Records of Montgomery | ||
County, Texas, and the northwest corner of the herein described | ||
tract from which a masonry nail found for reference and the | ||
northwest corner of the said 1731.823 acres of land bears South 87 | ||
degrees 31 minutes 52 seconds West, a distance of 50.00 feet; | ||
THENCE North 87 degrees 31 minutes 52 seconds East, along the | ||
south boundary line of the said 640.75 acres of land common to the | ||
north boundary line of the herein described tract, a distance of | ||
10,062.09 feet to a 5/8 inch iron rod with survey cap (Moyer) set | ||
for the northwest corner of a certain 19.000 acres of land as | ||
described in deed recorded under County Clerk's File | ||
No. 2009-107508 of the Real Property Records of Montgomery County, | ||
Texas, and the northeast corner of the herein described tract; | ||
THENCE South 04 degrees 28 minutes 21 seconds East, along the | ||
west boundary line of the said 19.000 acres of land and continuing | ||
along the west boundary line of a 33.000 acre residual out of 52.000 | ||
acres of land as described in deed recorded under County Clerk's | ||
File No. 2008-106440 of the Real Property Records of Montgomery | ||
County, Texas, same being the east boundary line of the herein | ||
described tract, a distance of 1857.28 feet to a 5/8 inch iron rod | ||
with survey cap (Moyer) set for the southwest corner of the said | ||
52.000 acres of land and an easterly interior corner of the herein | ||
described tract; | ||
THENCE South 74 degrees 44 minutes 59 seconds East, along the | ||
southwest boundary line of the said 52.000 acres of land and a | ||
southeasterly boundary line of the herein described tract, a | ||
distance of 541.99 feet to a 5/8 inch iron rod with survey cap | ||
(Moyer) set for an interior southerly corner of the said 52.000 | ||
acres of land and a southeasterly corner of the herein described | ||
tract; | ||
THENCE South 04 degrees 28 minutes 21 seconds East, along a | ||
southerly boundary line of the said 52.000 acres of land and the | ||
most easterly southeast boundary line of the herein described | ||
tract, passing at 372.00 feet, a 5/8 inch iron rod with survey cap | ||
(Moyer) set for reference, continuing in all, a distance of 437.87 | ||
feet to a 5/8 inch iron rod with survey cap (Moyer) set in a curve in | ||
the northeast boundary line of a certain 98.000 acres of land as | ||
described in deed recorded under County Clerk's File | ||
No. 2009-031792 of the Real Property Records of Montgomery County, | ||
Texas, for a southwesterly corner of the said 52.000 acres of land | ||
and the southeast corner of the herein described tract; | ||
THENCE in a northwesterly direction along the northeast | ||
boundary line of the said 98.000 acres of land and a southeast | ||
boundary line of the herein described tract along a non-tangent | ||
curve to the left having as its elements: a radius of 1970.00 feet, | ||
a central angle of 07 degrees 02 minutes 06 seconds, an arc length | ||
of 241.88 feet, and a chord bearing of North 73 degrees 13 minutes | ||
22 seconds West, a distance of 241.73 feet to a 5/8 inch iron rod | ||
with survey cap (Moyer) set for the most northerly northeast corner | ||
of the said 98.000 acres of land and an interior southeasterly | ||
corner of the herein described tract; | ||
THENCE South 53 degrees 16 minutes 44 seconds West, along a | ||
northerly boundary line of the said 98.000 acres of land and a | ||
southeasterly boundary line of the herein described tract, a | ||
distance of 835.71 feet to a 5/8 inch iron rod with survey cap | ||
(Moyer) set for a northerly angle point of the said 98.000 acres of | ||
land and a southeasterly angle point of the herein described tract; | ||
THENCE South 87 degrees 31 minutes 51 seconds West, | ||
continuing along the north boundary line of the said 98.000 acres of | ||
land and a southeast boundary line of the herein described tract, a | ||
distance of 442.64 feet to a 5/8 inch iron rod with survey cap | ||
(Moyer) set for the southeast corner of a certain 303.862 acres of | ||
land as described in deed recorded under County Clerk's File | ||
No. 2009-002342 of the Real Property Records of Montgomery County, | ||
Texas, and the most southerly southeast corner of the herein | ||
described tract; | ||
THENCE North 02 degrees 28 minutes 09 seconds West, along the | ||
east boundary line of the said 303.862 acres of land common to the | ||
westerly southeast boundary line of the herein described tract, a | ||
distance of 1424.40 feet to a 5/8 inch iron rod with survey cap | ||
(Moyer) set for the northeast corner of the said 303.862 acres of | ||
land and an interior southeasterly corner of the herein described | ||
tract; | ||
THENCE South 87 degrees 31 minutes 51 seconds West, along the | ||
north boundary line of the said 303.862 acres of land common to the | ||
south boundary line of the herein described tract, a distance of | ||
9,294.00 feet to a 5/8 inch iron rod with survey cap (Moyer) set in | ||
the east line of said F.M. 1486 for the northwest corner of the said | ||
303.862 acres of land and the southwest corner of the herein | ||
described tract; | ||
THENCE North 02 degrees 35 minutes 18 seconds West, along the | ||
east line of said F.M. 1486 and the west boundary line of the herein | ||
described tract, a distance of 1425.04 feet to the POINT OF | ||
BEGINNING and containing 362.014 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 | ||
8083, Special District Local Laws Code, as added by Section 1 of | ||
this Act, is amended by adding Section 8083.0307 to read as follows: | ||
Sec. 8083.0307. 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. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 4710 was passed by the House on May 3, | ||
2019, by the following vote: Yeas 123, Nays 17, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 4710 was passed by the Senate on May | ||
22, 2019, by the following vote: Yeas 29, Nays 1, 1 present, not | ||
voting. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |