AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

S.B. 2025 creates the Montgomery County Municipal Utility District No. 147 (district).  The district will encompass approximately 75.060 acres of land currently located in the extraterritorial jurisdiction of the City of Conroe.  Water, sewer, drainage, and road facilities need to be secured because the land to be located within the district will be developed into single-family residential and commercial development.  The district is created under Water Code provisions applicable to all water districts and to municipal utility districts and under constitutional provisions relating to conservation and reclamation districts. The district will have standard road powers and must comply with all applicable city standards.  The district will have the authority to issue tax-exempt bonds to purchase, acquire, or construct facilities.  It is also necessary to empower the district with authority to impose a tax and to grant the district a limited power of eminent domain.  The bill provides for the creation, administration, powers, duties, operation, and financing of the district.

 

S.B. 2025 amends current law relating to the creation of the Montgomery County Municipal Utility District No. 147, grants a limited power of eminent domain, provides authority to issue bonds, and provides authority to impose assessments, fees, and taxes.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subtitle F, Title 6, Special District Local Laws Code, by adding Chapter 7907, as follows:

 

CHAPTER 7907. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 147

 

Sets forth standard language for the creation of the Montgomery County Municipal Utility District No. 147 (district) in Montgomery County. Sets forth standards, procedures, requirements, and criteria for:

 

Creation and approval of the district (Sections 7907.001-7907.006);

 

Size, composition, appointment procedure, election, and terms of the board of directors of the district (Sections 7907.051 and 7907.052);

 

Powers and duties of the district (Sections 7907.101- 7907.105); and

 

General financial provisions and authority to impose taxes and to issue bonds and obligations for the district (Sections 7907.151-7907.153 and Sections 7907.201-7907.203).

 

SECTION 2. Sets forth the initial boundaries of the district.

 

SECTION 3. 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. (a) Provides that if this Act  does not receive a two-thirds vote of all the members elected to each house, Subchapter C, Chapter 7907, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 7907.106, as follows:

 

Sec. 7907.106. NO EMINENT DOMAIN POWER. Prohibits the district from exercising the power of eminent domain.

 

(b) Provides that this section is not intended to be an expression of a legislative interpretation of the requirements of Section 17(c) (authorizing the legislature to enact a general, local, or special law granting the power of eminent domain to an entity only on a two-thirds vote of all the members elected to each house, on or after January 1, 2010), Article I, Texas Constitution.

 

SECTION 5. Effective date: September 1, 2015.