SECTION 1. Subtitle F, Title
6, Special District Local Laws Code, is amended by adding Chapter 8414 to
read as follows:
CHAPTER 8414. MONTGOMERY
COUNTY MUNICIPAL UTILITY DISTRICT NO. 132
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 8414.001.
DEFINITIONS
Sec. 8414.002. NATURE OF
DISTRICT.
Sec. 8414.003.
CONFIRMATION AND DIRECTORS' ELECTION REQUIRED.
Sec. 8414.004. CONSENT OF
MUNICIPALITY REQUIRED.
Sec. 8414.005. FINDINGS
OF PUBLIC PURPOSE AND BENEFIT.
Sec. 8414.006. INITIAL
DISTRICT TERRITORY.
Sec. 8414.007.
ELIGIBILITY FOR INCLUSION IN TAX INCREMENT REINVESTMENT ZONE.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 8414.051. GOVERNING
BODY; TERMS.
Sec. 8414.052. TEMPORARY
DIRECTORS. (a) The temporary board consists of:
(1) _________________;
(2) _________________;
(3) _________________;
(4) _________________; and
(5) _________________.
(b) Temporary directors
serve until the earlier of:
(1) the date permanent
directors are elected under Section 8414.003; 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 8414.003 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 8414.003; 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. 8414.101. GENERAL
POWERS AND DUTIES.
Sec. 8414.102. MUNICIPAL
UTILITY DISTRICT POWERS AND DUTIES.
No
equivalent provision.
No
equivalent provision.
Sec. 8414.103. COMPLIANCE
WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION.
Sec. 8414.104. MUNICIPAL
CONSENT. Municipal consent to the creation of the district and to the
inclusion of land in the district granted under Section 8414.004 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.
Sec. 8414.105. EFFECT OF
ANNEXATION OR INCLUSION WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF
CONROE.
Sec. 8414.106. LIMITATION
ON USE OF EMINENT DOMAIN.
SUBCHAPTER D. GENERAL
FINANCIAL PROVISIONS
Sec. 8414.151. ELECTIONS
REGARDING TAXES OR BONDS. (a) The district may issue, without an
election, bonds and other obligations secured by revenue other than ad
valorem taxes.
(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.
No
equivalent provision.
Sec. 8414.152. OPERATION
AND MAINTENANCE TAX.
SUBCHAPTER E. BONDS AND
OTHER OBLIGATIONS
Sec. 8414.201. AUTHORITY
TO ISSUE BONDS AND OTHER OBLIGATIONS.
Sec. 8414.202. TAXES FOR
BONDS.
No
equivalent provision.
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SECTION 1. Subtitle F, Title
6, Special District Local Laws Code, is amended by adding Chapter 8414 to
read as follows:
CHAPTER 8414. MONTGOMERY
COUNTY MUNICIPAL UTILITY DISTRICT NO. 132
SUBCHAPTER A. GENERAL
PROVISIONS
Sec. 8414.001.
DEFINITIONS.
Sec. 8414.002. NATURE OF
DISTRICT.
Sec. 8414.003.
CONFIRMATION AND DIRECTORS' ELECTION REQUIRED.
Sec. 8414.004. CONSENT OF
MUNICIPALITY REQUIRED.
Sec. 8414.005. FINDINGS
OF PUBLIC PURPOSE AND BENEFIT. Substantially the same as introduced
version.
Sec. 8414.006. INITIAL
DISTRICT TERRITORY.
Sec. 8414.007.
ELIGIBILITY FOR INCLUSION IN TAX INCREMENT REINVESTMENT ZONE.
SUBCHAPTER B. BOARD OF
DIRECTORS
Sec. 8414.051. GOVERNING
BODY; TERMS.
Sec. 8414.052. TEMPORARY DIRECTORS. (a) The temporary board consists of:
(1) _Bill Odle________________;
(2) ____Brandon Macey_____________;
(3) __Troy Koteras_______________;
(4) _Greg Snider________________; and
(5) _Abby McMahon________________.
(b) Temporary directors
serve until the earlier of:
(1) the date permanent
directors are elected under Section 8414.003; 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 8414.003 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 8414.003; 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. 8414.101. GENERAL
POWERS AND DUTIES.
Sec. 8414.102. MUNICIPAL
UTILITY DISTRICT POWERS AND DUTIES.
Sec. 8414.103. 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. 8414.104. 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. 8414.105. COMPLIANCE
WITH MUNICIPAL CONSENT ORDINANCE OR RESOLUTION.
No
equivalent provision.
Sec. 8414.106. EFFECT OF
ANNEXATION OR INCLUSION WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF
CONROE.
Sec. 8414.107. LIMITATION
ON USE OF EMINENT DOMAIN.
SUBCHAPTER D. GENERAL
FINANCIAL PROVISIONS
Sec. 8414.151. ELECTIONS
REGARDING TAXES OR BONDS. (a) The district may issue, without an
election, bonds and other obligations secured by revenue other than ad
valorem taxes.
(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. 8414.152. OPERATION
AND MAINTENANCE TAX.
SUBCHAPTER E. BONDS AND
OTHER OBLIGATIONS
Sec. 8414.201. AUTHORITY
TO ISSUE BONDS AND OTHER OBLIGATIONS.
Sec. 8414.202. TAXES FOR
BONDS.
Sec. 8414.203. 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.
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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.
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SECTION 3. Same as introduced
version.
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