BILL ANALYSIS
By: Williams
BACKGROUND AND PURPOSE
Development and growth in the area of eastern Montgomery County has created the need for permanent improvements such as water production and distribution facilities, wastewater collection and treatment facilities, drainage projects, and other conservation and reclamation projects by districts which are authorized to incur indebtedness to provide such permanent improvements and for the repayment of such indebtedness.
Pursuant to Article XVI, Section 59, Texas Constitution, and subject to the continuing supervisory jurisdiction of the Texas Commission on Environmental Quality, as proposed, S.B. 887 creates a conservation and reclamation district to be known as East Montgomery County Municipal Utility District No. 12, over a portion of the land developed as a residential community with related retail and commercial properties in the eastern portion of Montgomery County.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
SECTION 1. Amends Subtitle F, Title 6, Special District Local Laws Code, by adding Chapter 8116, as follows:
CHAPTER 8116. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
NO. 12
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8116.001. DEFINITIONS. Defines "board," "director," and "district."
Sec. 8116.002. NATURE OF DISTRICT. Sets forth that the East Montgomery Municipal Utility District No. 12 (district) is a municipal utility district in Montgomery County created under and essential to accomplish the purposes of Section 59, Article XVI, Texas Constitution.
Sec. 8116.003. CONFIRMATION ELECTION REQUIRED. Provides that if the creation of the district is not confirmed at a confirmation election held under Section 8116.023 before September 1, 2010, the district is dissolved, with certain exceptions. Provides that if the district is not confirmed, this chapter expires September 1, 2013.
Sec. 8116.004. INITIAL DISTRICT TERRITORY. Sets forth that the district is initially composed of the territory described by Section 2 of the Act creating this chapter. Provides that the boundaries and field notes contained in Section 2 of the Act creating this chapter form a closure. Provides that the district is not negatively affected by a mistake made in the field notes or in copying the field notes in the legislative process.
Sec. 8116.005. APPLICABILITY OF OTHER LAW. Provides that except as otherwise provided by this chapter, Chapters 49 (Provisions Applicable to All Districts) and 54 (Municipal Utility Districts), Water Code, apply to the district.
[Reserves Sections 8116.006-8116.020 for expansion.]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 8116.021. TEMPORARY DIRECTORS. (a) Authorizes a person who owns land in the district, on or after September 1, 2005, to submit a petition to the Texas Commission on Environmental Quality (commission) requesting that the commission appoint as temporary directors the five persons named in the petition.
(b) Requires the commission to appoint as temporary directors the five persons named in the first petition received by the commission under Subsection (a).
(c) Provides that if a temporary director fails to qualify for office or if a vacancy occurs in the office of temporary director, the vacancy is filled as provided by Section 49.105 (Vacancies), Water Code.
(d) Provides that temporary directors serve until the earlier of two dates.
Sec. 8116.022. ORGANIZATIONAL MEETING OF TEMPORARY DIRECTORS. Requires the temporary directors, as soon as practicable after all the temporary directors have qualified under Section 49.055 (Sworn Statement, Bond, and Oath of Office), Water Code, to meet at a location in the district agreeable to the majority of the directors. Requires the meeting, if a location cannot be agreed upon, to be held at the Montgomery County Courthouse. Requires the temporary directors, at the meeting, to elect officers from among the temporary directors and conduct any other district business.
Sec. 8116.023. CONFIRMATION AND INITIAL DIRECTORS' ELECTION. Requires the temporary directors to hold an election to confirm the creation of the district and to elect five directors as provided by Section 49.102 (Confirmation and Director Election), Water Code. Provides that Section 41.001(a) (Uniform Election Dates), Election Code, does not apply to a confirmation and initial directors' election held under this section.
Sec. 8116.024. INITIAL ELECTED DIRECTORS; TERMS. Requires the directors elected under Section 811.023 to draw lots to determine which two shall serve until the first regularly scheduled election of directors under Section 8113.052 and which three shall serve until the second election of directors.
Sec. 8116.025. FIRST REGULARLY SCHEDULED ELECTION OF DIRECTOR. Authorizes the board of directors (board) to postpone the first election under Section 8113.052 following the confirmation and directors' election held under Section 8113.023 in certain circumstances.
Sec. 8116.026. EXPIRATION OF SUBCHAPTER. Provides that this subchapter expires September 1, 2013.
[Reserves Sections 8116.027-8116.050 for expansion.]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8116.051. DIRECTORS; TERMS. Provides that the district is governed by a board of five directors who serve staggered four-year terms.
Sec. 8116.052. ELECTION OF DIRECTORS. Requires the appropriate number of directors to be elected on the uniform election date in May of each even-numbered year.
[Reserves Sections 8116.053-8116.100 for expansion.]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8116.101. UTILITIES. Prohibits the district from imposing an impact fee or assessment on the property, equipment, rights-of-way, facilities, or improvements of certain entities.
Sec. 8116.102. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCES OR RESOLUTIONS. Requires the district, subject to the limitations of Section 54.016 (Consent of City), Water Code, to comply with all applicable requirements of any ordinance or resolution adopted by a municipality in the corporate limits or extraterritorial jurisdiction of which the district is located, including an ordinance or resolution adopted before September 1, 2005, that consents to the creation of the district or to the inclusion of lands within the district.
SECTION 2. Sets forth the boundaries of the East Montgomery County Municipal Utility District No. 12.
SECTION 3. (a) Provides that 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 (Notice For Local and Special Laws), Government Code.
(b) Provides that the governor, one of the required recipients, has submitted the notice and Act to the Texas Commission on Environmental Quality.
(c) Provides that the Texas Commission on Environmental Quality has filed its recommendations relating to this Act to the required elected officials within the time required.
(d) Provides that all requirements of the constitution and the 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. Effective date: September 1, 2005.
EFFECTIVE DATE
September 1, 2005.