S.B. No. 889
relating to the creation of the East Montgomery County Municipal
Utility District No. 13; providing authority to impose a tax and
issue bonds; granting the power of eminent domain.
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 8117 to read as follows:
CHAPTER 8117. EAST MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8117.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
(2) "Director" means a member of the board.
(3) "District" means the East Montgomery County
Municipal Utility District No. 13.
Sec. 8117.002. NATURE OF DISTRICT. The district is a
municipal utility district in Montgomery County created under and
essential to accomplish the purposes of Section 59, Article XVI,
Sec. 8117.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8117.023 before September 1, 2010:
(1) the district is dissolved September 1, 2010,
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Montgomery County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
(2) this chapter expires September 1, 2013.
Sec. 8117.004. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating 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:
(1) the organization, existence, or validity of the
(2) the right of the district to impose taxes;
(3) the validity of the district's bonds, notes, or
(4) the legality or operation of the district or the
Sec. 8117.005. APPLICABILITY OF OTHER LAW. Except as
otherwise provided by this chapter, Chapters 49 and 54, Water Code,
apply to the district.
[Sections 8117.006-8117.020 reserved for expansion]
SUBCHAPTER A1. TEMPORARY PROVISIONS
Sec. 8117.021. TEMPORARY DIRECTORS. (a) On or after
September 1, 2005, a person who owns land in the district may submit
a petition to the Texas Commission on Environmental Quality
requesting that the commission appoint as temporary directors the
five persons named in the petition.
(b) The Texas Commission on Environmental Quality shall
appoint as temporary directors the five persons named in the first
petition received by the commission under Subsection (a).
(c) If a temporary director fails to qualify for office or
if a vacancy occurs in the office of temporary director, the vacancy
shall be filled as provided by Section 49.105, Water Code.
(d) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section
(2) the date this chapter expires under Section
Sec. 8117.022. ORGANIZATIONAL MEETING OF TEMPORARY
DIRECTORS. As soon as practicable after all the temporary
directors have qualified under Section 49.055, Water Code, the
temporary directors shall meet at a location in the district
agreeable to a majority of the directors. If a location cannot be
agreed upon, the meeting shall be at the Montgomery County
Courthouse. At the meeting, the temporary directors shall elect
officers from among the temporary directors and conduct any other
Sec. 8117.023. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. (a) The temporary directors shall hold an election to
confirm the creation of the district and to elect five directors as
provided by Section 49.102, Water Code.
(b) Section 41.001(a), Election Code, does not apply to a
confirmation and initial directors' election held under this
Sec. 8117.024. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 8117.023 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors under Section 8117.052 and which three shall
serve until the second regularly scheduled election of directors.
Sec. 8117.025. FIRST REGULARLY SCHEDULED ELECTION OF
DIRECTORS. The board by order may postpone the first election under
Section 8117.052 following the confirmation and directors'
election held under Section 8117.023 if:
(1) the election would otherwise occur not later than
the 60th day after the date on which the confirmation election is
(2) the board determines that there is not sufficient
time to comply with the requirements of law and to order the
Sec. 8117.026. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2013.
[Sections 8117.027-8117.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8117.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 8117.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 8117.053-8117.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8117.101. UTILITIES. The district may not impose an
impact fee or assessment on the property, equipment, rights-of-way,
facilities, or improvements of:
(1) an electric utility as defined by Section 31.002,
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a cable operator as defined by 47 U.S.C. Section
522, as amended.
Sec. 8117.102. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section
54.016, Water Code, the district shall 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. The East Montgomery County Municipal Utility
District No. 13 initially includes all the territory contained in
the following area:
Being a 524.3 acre tract of land located in the Walker County School
Land Survey, A-494, Montgomery County, Texas; said 524.3 acre tract
being out of a 1092.131 acre tract of land recorded in Clerk's File
Number 2004-000027 of the Official Public Records of Real Property
of Montgomery County, Texas; said 524.3 acre tract being more
particularly described by metes and bounds as follows (all bearings
are referenced to the southeast line of said 1092.131 acre tract):
Beginning at the northeast corner of said 1092.131 acre tract;
Thence, with the northeast line of said 1092.131 acre tract, South
32 degrees 25 minutes 49 seconds East, a distance of 3701.27 feet to
most easterly corner of said 1092.131 acre tract;
Thence, with the southeast line of said 1092.131 acre tract, South
49 degrees 35 minutes 48 seconds West, a distance of 6042.07 feet;
Thence, leaving said southeast line and crossing said 1092.131 acre
tract, the following two (2) courses and distances:
(a) North 03 degrees 06 minutes 28 seconds West, a distance
of 3663.06 feet;
(b) North 75 degrees 31 minutes 39 seconds West, a distance
of 2308.27 feet to an interior corner of said 1092.131 acre tract;
Thence, with an interior line of said 1092.131 acre tract, North 03
degrees 12 minutes 37 seconds West, a distance of 1354.45 feet to an
exterior corner of said 1092.131 acre tract;
Thence, with the northerly line of said 1092.131 acre tract, the
following three (3) courses and distances:
(a) South 88 degrees 53 minutes 52 seconds East, a distance
of 1532.28 feet;
(b) North 87 degrees 04 minutes 26 seconds East, a distance
of 987.95 feet;
(c) North 61 degrees 12 minutes 43 seconds East, a distance
of 2974.58 feet to the Point of Beginning and containing 524.3 acres
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,
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
(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
SECTION 4. This Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I hereby certify that S.B. No. 889 passed the Senate on
April 14, 2005, by the following vote: Yeas 31, Nays 0.
Secretary of the Senate
I hereby certify that S.B. No. 889 passed the House on
May 20, 2005, by a non-record vote.
Chief Clerk of the House