80R8454 SGA-F
 
  By: Eissler H.B. No. 4073
 
 
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Montgomery County Municipal Utility
District No. 103; providing authority to impose taxes and issue
bonds.
       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 8262 to read as follows:
CHAPTER 8262. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 103
SUBCHAPTER A. GENERAL PROVISIONS
       Sec. 8262.001.  DEFINITIONS. In this chapter:
             (1)  "Board" means the board of directors of the
district.
             (2)  "Director" means a member of the board.
             (3)  "District" means the Montgomery County Municipal
Utility District No. 103.
       Sec. 8262.002.  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,
Texas Constitution.
       Sec. 8262.003.  CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8262.023 before September 1, 2015:
             (1)  the district is dissolved September 1, 2015,
except that the district shall:
                   (A)  pay any debts incurred;
                   (B)  transfer to Montgomery County any assets that
remain after the payment of debts; and
                   (C)  maintain the organization of the district
until all debts are paid and remaining assets are transferred; and
             (2)  this chapter expires September 1, 2016.
       Sec. 8262.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)  
All land and other property included in the district will benefit
from the improvements and services to be provided by the district.
       (b)  The district is created to accomplish:
             (1)  the purposes of a municipal utility district as
provided by general law; and
             (2)  to the extent authorized by Section 52, Article
III, Texas Constitution, the construction, acquisition,
improvement, maintenance, or operation of arterial or main feeder
roads or improvements in aid of those roads.
       Sec. 8262.005.  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 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 or collect an assessment or tax; or
             (4)  legality or operation.
[Sections 8262.006-8262.020 reserved for expansion]
SUBCHAPTER A-1.  TEMPORARY PROVISIONS
       Sec. 8262.021.  TEMPORARY DIRECTORS.  (a)  The temporary
board consists of:
             (1)  Chris Corbin;
             (2)  Julie Collette;
             (3)  Michael Friedman;
             (4)  Gregg Esses; and
             (5)  Hance V. Myers III.
       (b)  Temporary directors serve until the earlier of:
             (1)  the date initial directors are elected under
Section 8262.023; or
             (2)  the date this subchapter expires under Section
8262.025.
       Sec. 8262.022.  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. At the meeting, the
temporary directors shall elect officers from among the temporary
directors and conduct any other district business.
       Sec. 8262.023.  CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. Not later than the second anniversary of the
organizational meeting held under Section 8262.022, the temporary
directors shall hold an election to confirm the creation of the
district and to elect five initial directors as provided by Section
49.102, Water Code.
       Sec. 8262.024.  INITIAL ELECTED DIRECTORS; TERMS.  Unless
the initial board otherwise agrees, the directors elected under
Section 8262.023 shall draw lots to determine which two shall serve
until the first regularly scheduled election of directors under
Section 8262.052 and which three shall serve until the second
regularly scheduled election of directors.
       Sec. 8262.025.  EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2015.
[Sections 8262.026-8262.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
       Sec. 8262.051.  DIRECTORS; TERMS.  (a)  The district is
governed by a board of five directors.
       (b)  Except for temporary or initial directors, directors
serve staggered four-year terms.
       Sec. 8262.052.  ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 8262.053-8262.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
       Sec. 8262.101.  MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES.  (a)  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.
       (b)  The district has the powers and duties necessary to
accomplish the purposes for which the district is created.
       Sec. 8262.102.  ROAD PROJECTS.  (a)  To the extent authorized
by Section 52, Article III, Texas Constitution, the district may
acquire, construct, or finance a road that meets the criteria or
requirements for a thoroughfare, arterial, or collector road of the
county in which the road is located or the municipality in whose
corporate limits or extraterritorial jurisdiction the road is
located or improvements in aid of that road.
       (b)  A road project must meet all applicable standards,
regulations, and ordinances of the municipality or county in whose
jurisdiction the district is located.
       Sec. 8262.103.  RECREATIONAL FACILITIES; LIMIT ON EMINENT
DOMAIN POWER. (a) In this section, "recreational facilities" and
"develop and maintain" have the meanings assigned by Section
49.462, Water Code.
       (b)  The district may develop and maintain recreational
facilities.
       (c)  The district may not, for the development or maintenance
of a recreational facility, acquire by condemnation land, an
easement, or other property inside or outside the district.
       Sec. 8262.104.  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 the
governing body of the municipality that consents to the creation of
the district or to the inclusion of lands within the district.
[Sections 8262.105-8262.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
       Sec. 8262.151.  ELECTIONS REGARDING TAXES OR BONDS. (a)  The
district may issue, without an election, bonds and other
obligations secured by revenue or contract payments from any source
other than ad valorem taxation.
       (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 operation and maintenance tax or
issue bonds payable from ad valorem taxes.
       Sec. 8262.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
authorized at an election held under Section 8262.151, 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.
[Sections 8262.153-8262.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
       Sec.  8262.201.  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, grants, or other district money, or any combination of
those sources, to pay for any authorized district purpose.
       Sec. 8262.202.  BONDS FOR ROAD PROJECTS.  (a)  The district
may not issue bonds to finance projects authorized by Section
8262.102 unless the issuance is approved by a vote of a two-thirds
majority of the voters of the district voting at an election called
for that purpose.
       (b)  Bonds or other obligations issued or incurred to finance
projects authorized by Section 8262.102 may not exceed one-fourth
of the assessed value of the real property in the district.
       Sec. 8262.203.  BONDS FOR RECREATIONAL FACILITIES. If
authorized at an election under Section 8262.151, the district may
issue bonds payable from ad valorem taxes to pay for the development
and maintenance of recreational facilities.
       Sec. 8262.204.  TAXES FOR BONDS. At the time bonds payable
wholly or partly from ad valorem taxes are issued:
             (1)  the board shall impose a continuing direct annual
ad valorem tax, without limit as to rate or amount, for each year
that all or part of the bonds are outstanding; and
             (2)  the district annually shall impose an ad valorem
tax on all taxable property in the district in an amount sufficient
to:
                   (A)  pay the interest on the bonds as the interest
becomes due;
                   (B)  create a sinking fund for the payment of the
principal of the bonds when due or the redemption price at any
earlier required redemption date; and
                   (C)  pay the expenses of imposing the taxes.
       SECTION 2.  The Montgomery County Municipal Utility District
No. 103 initially includes all the territory contained in the
following area:
TRACT 1
All that certain 757.744 acre (33,007,331 square feet) parcel of
land situated in the Joseph A. Parker Survey, Abstract Number 418,
in Montgomery County, Texas, and being a portion of that certain
call 1,554.570 acre tract described in a Warranty Deed to Pacific
Indio Properties, Inc. recorded in Clerk's File Number 2006-013955
of the Official Public Records of Real Property at Montgomery
County Texas (O.P.R.R.P.M.C.T.), and a portion of that certain call
877.775 acre tract described in a Warranty Deed to Pacific Indio
Properties, Inc. recorded in Clerk's File Number 2005-116796 of the
O.P.R.R.P.M.C.T., said 757.744 acre tract being more particularly
described by metes and bounds as follows: (All bearings are
referenced to the Texas State Plane Coordinate System, South
Central Zone)
BEGINNING at a 3/4 inch iron pipe found in the recognized north line
of said Joseph A. Parker Survey for the southeast corner of that
certain call 2,883.06 acre tract described in a Deed to LGI LAND,
L.L.C. in County Clerk's File Number 2004-114162 of the
O.P.R.R.P.M.C.T., an interior corner of said 1,554.570 acre tract,
and the southwest corner of the herein described tract, and from
which a 100D nail found for reference bears North 35 Degrees 02
Minutes 54 Seconds East, a distance of 12.69 feet, and from which a
"PK" nail found in a 4 inch wooden post bears South 51 Degrees 13
Minutes 29 Seconds West, a distance of 8.04 feet;
THENCE, through and across said 1554.570 acre tract and with the
recognized north line of said Joseph A. Parker Survey, North 50
Degrees 32 Minutes 13 Seconds East, a distance of 889.47 feet to an
angle point;
THENCE, departing the recognized north line of said Joseph A.
Parker Survey, and continuing through and across said 1554.570 acre
tract, South 87 Degrees 41 Minutes 21 Seconds East, a distance of
797.17 feet to a point in the proposed westerly right-of-way
(R.O.W.) line of Townsen Road (100 feet wide) for the northeast
corner of the herein described tract;
THENCE, continuing through and across said 1,554.570 acre tract,
through and across said 877.775 acre tract, respectively, and with
the westerly R.O.W. line of said proposed Townsen Road, the
following four (4) courses:
                   1) 1,336.14 feet along the arc of a curve to the
left having a radius of 2,050.00 feet, a central angle
of 37 Degrees 20 Minutes 39 Seconds, and a chord that
bears South 26 Degrees 34 Minutes 56 Seconds East, a
distance of 1,312.62 feet;
                   2) South 45 Degrees 15 Minutes 15 Seconds East, a
distance of 1,595.17 feet to the beginning of a curve to
the right;
                   3) 2,365.43 feet along the arc of said curve to
the right having a radius of 2,950.00 feet, a central
angle of 45 Degrees 56 Minutes 31 Seconds, and a chord
that bears South 22 Degrees 17 Minutes 00 Seconds East,
a distance of 2,302.57 feet;
                   4) South 00 Degrees 41 Minutes 16 Seconds West, a
distance of 392.57 feet to the intersection of the
westerly R.O.W. line of said proposed Townsen Road with
the northerly R.O.W. line of a proposed 100 foot wide
R.O.W. for the southeast corner of the herein described
tract;
THENCE, continuing through and across said 877.775 acre tract, and
with the northerly line of said proposed 100 foot wide R.O.W., the
following three (3) courses:
                   1) North 89 Degrees 18 Minutes 44 Seconds West, a
distance of 818.57 feet to the beginning of a curve to
the left;
                   2) 1,527.01 feet along the arc of said curve to
the left having a radius of 2,050.00 feet, a central
angle of 42 Degrees 40 Minutes 43 Seconds, and a chord
that bears South 69 Degrees 20 Minutes 55 Seconds West,
a distance of 1,491.95 feet;
                   3) South 48 Degrees 00 Minutes 33 Seconds West, a
distance of 2,488.25 feet to a point in the east bank of
Spring Creek for the southwest corner of the herein
described tract;
THENCE, with the meanders of the east bank of Spring Creek, the
following thirty seven (37) courses:
                   1) North 34 Degrees 40 Minutes 52 Seconds West, a
distance of 82.86 feet;
                   2) North 51 Degrees 58 Minutes 06 Seconds West, a
distance of 248.75 feet;
                   3) North 80 Degrees 17 Minutes 53 Seconds West, a
distance of 236.06 feet;
                   4) South 70 Degrees 11 Minutes 27 Seconds West, a
distance of 165.57 feet;
                   5) South 59 Degrees 43 Minutes 45 Seconds West, a
distance of 433.12 feet;
                   6) South 53 Degrees 49 Minutes 01 Second West, a
distance of 109.00 feet;
                   7) South 55 Degrees 54 Minutes 36 Seconds West, a
distance of 129.70 feet;
                   8) South 55 Degrees 02 Minutes 17 Seconds West, a
distance of 101.37 feet;
                   9) South 68 Degrees 15 Minutes 19 Seconds West, a
distance of 217.79 feet;
                   10) South 81 Degrees 01 Minute 41 Seconds West, a
distance of 125.07 feet;
                   11) North 84 Degrees 25 Minutes 15 Seconds West, a
distance of 114.05 feet;
                   12) North 77 Degrees 11 Minutes 12 Seconds West, a
distance of 94.98 feet;
                   13) North 67 Degrees 18 Minutes 28 Seconds West, a
distance of 127.04 feet;
                   14) North 50 Degrees 13 Minutes 23 Seconds West, a
distance of 56.72 feet;
                   15) North 46 Degrees 23 Minutes 16 Seconds West, a
distance of 197.98 feet;
                   16) North 36 Degrees 54 Minutes 43 Seconds West, a
distance of 155.51 feet;
                   17) North 27 Degrees 37 Minutes 55 Seconds West, a
distance of 182.32 feet;
                   18) North 12 Degrees 43 Minutes 47 Seconds West, a
distance of 137.95 feet;
                   19) North 10 Degrees 40 Minutes 53 Seconds West, a
distance of 145.75 feet;
                   20) North 16 Degrees 45 Minutes 07 Seconds West,
at 28.32 feet pass the call northwest corner of said
877.75 acre tract and the call southwest corner of said
1554.570 acre tract, and continue, in all, a distance of
152.15 feet;
                   21) North 36 Degrees 16 Minutes 24 Seconds West, a
distance of 161.65 feet;
                   22) North 44 Degrees 40 Minutes 15 Seconds West, a
distance of 137.01 feet;
                   23) North 59 Degrees 54 Minutes 35 Seconds West, a
distance of 96.16 feet;
                   24) North 51 Degrees 04 Minutes 33 Seconds West, a
distance of 146.07 feet;
                   25) North 66 Degrees 00 Minutes 48 Seconds West, a
distance of 114.41 feet;
                   26) North 62 Degrees 48 Minutes 10 Seconds West, a
distance of 162.52 feet;
                   27) North 68 Degrees 13 Minutes 47 Seconds West, a
distance of 197.70 feet;
                   28) North 63 Degrees 28 Minutes 43 Seconds West, a
distance of 217.62 feet;
                   29) North 54 Degrees 54 Minutes 15 Seconds West, a
distance of 203.99 feet;
                   30) North 36 Degrees 27 Minutes 27 Seconds West, a
distance of 174.12 feet;
                   31) North 37 Degrees 11 Minutes 05 Seconds West, a
distance of 148.14 feet;
                   32) North 32 Degrees 29 Minutes 54 Seconds West, a
distance of 177.76 feet;
                   33) North 27 Degrees 17 Minutes 55 Seconds West, a
distance of 165.20 feet;
                   34) North 13 Degrees 38 Minutes 16 Seconds West, a
distance of 175.51 feet;
                   35) North 05 Degrees 56 Minutes 49 Seconds East, a
distance of 147.57 feet;
                   36) North 02 Degrees 43 Minutes 41 Seconds West, a
distance of 160.23 feet;
                   37) North 08 Degrees 48 Minutes 24 Seconds West, a
distance of 8.98 feet to a point in the east bank of
Spring Creek for the lower northwest corner of the
herein described tract, and from which the call
southwest corner of a said 2,883.06 acre tract bears
South 48 Degrees 24 Minutes 25 Seconds West, a distance
of 60.50 feet;
THENCE, departing the meanders of the east bank of Spring Creek, and
with the lower southerly line of said 2,883.06 acre tract and the
lower northerly line of the herein described tract, North 50
Degrees 31 Minutes 16 Seconds East, at 139.56 feet pass a 5/8 inch
iron rod stamped "LJA ENG." found 2.23 feet right, at 827.01 feet
pass a 3/4 inch iron pipe, and continue, in all, a distance of
2,839.95 to a 4 inch concrete monument found for an exterior corner
of said 2,833.06 acre tract and an interior corner of the herein
described tract;
THENCE, with the lower easterly line of said 2,883.06 acre tract,
North 39 Degrees 30 Minutes 01 Second West, a distance of 558.28
feet to a 4 inch concrete monument found in the recognized north
line of said Joseph A. Parker Survey for an interior corner of said
2,883.06 acre tract and an exterior corner of the herein described
tract;
THENCE, with the recognized north line of said Joseph A. Parker
Survey, the southerly line of said 2,883.06 acre tract and the upper
northerly line of the herein described tract, North 50 Degrees 32
Minutes 13 Seconds East, a distance of 2,768.00 feet to the POINT OF
BEGINNING and containing 757.744 acres (33,007,331 square feet) of
land.
TRACT 2
All that certain 313.559 acre (13,658,610 square feet) parcel of
land situated in the Joseph A. Parker Survey, Abstract Number 418,
in Montgomery County, Texas, and being a portion of that certain
call 2,086.441 acre tract described in a Warranty Deed to Pacific
Indio Properties, Inc. recorded in Clerk's File Number 2005-116793
of the Official Public Records of Real Property at Montgomery
County, Texas (O.P.R.R.P.M.C.T.), and a portion of that certain
call 877.775 acre tract described in a Warranty Deed to Pacific
Indio Properties, Inc. recorded in Clerk's File Number 2005-116796
of the O.P.R.R.P.M.C.T., said 313.559 acre tract being more
particularly described by metes and bounds as follows: (All
bearings are referenced to the Texas State Plane Coordinate System,
South Central Zone)
COMMENCING at a 5/8-inch iron rod with plastic cap stamped
"BENCHMARK ENGR." found in the south line of said 877.775 acre tract
for the northwest corner of that certain call 435.784 acre tract
described in a Warranty Deed to Pacific Indio Properties, Inc., in
Clerk's File Number 2005-116793 of the O.P.R.R.P.M.C.T., and the
upper northeast corner of said 2,086.441 acre tract;
THENCE, with the southerly line of said 877.775 acre tract and the
northerly line of said 2,086.441 acre tract, South 56 Degrees 46
Minutes 11 Seconds West, a distance of 1,634.37 to the intersection
of the north line of said 2,086.441 acre tract with the westerly
right-of-way (R.O.W.) line of proposed Townsen Road (100 feet wide)
for the POINT OF BEGINNING;
THENCE, through and across said 2,086.441 acre tract and with the
westerly R.O.W. line of said proposed Townsen Road, the following
three (3) courses:
                   1) 1,017.44 feet along the arc of a curve to the
right having a radius of 1,950.00 feet, a central angle
of 29 Degrees 53 Minutes 42 Seconds, and a chord that
bears South 18 Degrees 45 Minutes 49 Seconds East, a
distance of 1,005.94 feet;
                   2) South 03 Degrees 48 Minutes 58 Seconds East, a
distance of 458.87 feet to the beginning of a curve to
the left;
                   3) 485.84 feet along the arc of said curve to the
left having a radius of 2,050.00 feet, a central angle
of 13 Degrees 34 Minutes 44 Seconds, and a chord that
bears South 10 Degrees 36 Minutes 19 Seconds East, a
distance of 484.70 feet to the southeast corner of the
herein described tract;
THENCE, continuing through and across said 2,086.441 acre tract and
said 877.775 acre tract, respectively, South 00 Degrees 00 Minutes
00 Seconds West, at 3,323.25 feet pass the northerly line of said
2,086.441 acre tract and the southerly line of said 877.775 acre
tract, and continue, in all, a distance of 4,220.17 feet to a point
in the east bank of Spring Creek for the southwest corner of the
herein described tract;
THENCE, with the meanders of the east bank of Spring Creek, the
following thirteen (13) courses:
                   1) North 07 Degrees 36 Minutes 39 Seconds West, a
distance of 104.90 feet;
                   2) North 07 Degrees 36 Minutes 39 Seconds West, a
distance of 104.90 feet;
                   3) North 16 Degrees 38 Minutes 31 Seconds West, a
distance of 182.58
                   4) North 15 Degrees 45 Minutes 24 Seconds West, a
distance of 152.10 feet;
                   5) North 18 Degrees 13 Minutes 52 Seconds West, a
distance of 143.53 feet;
                   6) North 28 Degrees 04 Minutes 03 Seconds West, a
distance of 197.45 feet;
                   7) North 40 Degrees 44 Minutes 03 Seconds West, a
distance of 186.52 feet;
                   8) North 44 Degrees 58 Minutes 04 Seconds West, a
distance of 167.13 feet;
                   9) North 46 Degrees 33 Minutes 09 Seconds West, a
distance of 142.41 feet;
                   10) North 41 Degrees 29 Minutes 01 Second West, a
distance of 130.34 feet;
                   11) North 35 Degrees 56 Minutes 07 Seconds West, a
distance of 194.37 feet;
                   12) North 26 Degrees 18 Minutes 17 Seconds West, a
distance of 121.60 feet;
                   13) North 34 Degrees 40 Minutes 52 Seconds West, a
distance of 137.17 feet to the intersection of the east
bank of Spring Creek with the southerly line of a
proposed 100 foot wide R.O.W. for the northwest corner
of the herein described tract;
THENCE, through and across said 877.775 acre tract and with the
southerly line of said proposed R.O.W, the following three (3)
courses:
                   1) North 48 Degrees 00 Minutes 33 Seconds East, a
distance of 2,501.08 feet to the beginning of a curve to
the right;
                   2) 1,452.52 feet along the arc of said curve to
the right having a radius of 1,950.00 feet, a central
angle of 42 Degrees 40 Minutes 43 Seconds, and a chord
that bears North 69 Degrees 20 Minutes 55 Seconds East,
a distance of 1,419.17 feet;
                   3) South 89 Degrees 18 Minutes 44 Seconds East, a
distance of 818.57 feet to the intersection of the
southerly line of said proposed 100 wide R.O.W. with the
westerly R.O.W. line of said proposed Townsen Road;
THENCE, continuing through and across said 877.775 acre tract and
with the westerly R.O.W. line of said proposed Townsen Road, the
following four (4) courses:
                   1) South 00 Degrees 41 Minutes 16 Seconds West, a
distance of 200.00 feet to the beginning of a curve to
the left;
                   2) 1,319.07 feet along the arc of said curve to
the left having a radius of 2,050.00 feet, a central
angle of 36 Degrees 52 Minutes 01 Second, and a chord
that bears South 17 Degrees 44 Minutes 44 Seconds East,
a distance of 1,296.43 feet;
                   3) South 36 Degrees 10 Minutes 45 Seconds East, a
distance of 425.92 feet to the beginning of a curve to
the right;
                   4) 84.00 feet along the arc of said curve to the
right having a radius of 1,950.00 feet, a central angle
of 02 Degrees 28 Minutes 05 Seconds, and a chord that
bears South 34 Degrees 56 Minutes 42 Seconds East, a
distance of 84.00 feet to the POINT OF BEGINNING and
containing 313.559 acres (13,658,610 square feet) 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.  The legislature finds that:
             (1)  the Montgomery County Municipal Utility District
No. 103, as created by Chapter 8262, Special District Local Laws
Code, as added by this Act, is not officially created until
confirmed by a majority of the voters of the district voting at an
election held for that purpose;
             (2)  securing the consent of political subdivisions to
the creation of the district before the introduction or passage of
this Act may be impractical because of the uncertainties of the
legislative process; and
             (3)  the constitutional requirement for the district's
compliance with the provisions of the general laws relating to the
consent of political subdivisions to the creation of the district
and the inclusion of land within the district is satisfied if that
consent is secured before the date and hour of canvassing the
returns and declaring the results of the confirmation election.
       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, 2007.