84(R) HB 4154 - Enrolled version



	H.B. No. 4154

AN ACT

relating to the creation of the Grand Lake Estates Management

District and the Montgomery County Municipal Utility District

No. 152, and to the boundaries of the Harris County Municipal

Utility District No. 465; providing authority to issue bonds;

providing authority to impose assessments, fees, or taxes.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle C, Title 4, Special District Local Laws

Code, is amended by adding Chapter 3938 to read as follows:

CHAPTER 3938. GRAND LAKE ESTATES MANAGEMENT DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 3938.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "County" means Montgomery County.

(3) "Director" means a board member.

(4) "District" means the Grand Lake Estates Management

District.

Sec. 3938.002. CREATION AND NATURE OF DISTRICT. The

district is a special district created under Section 59, Article

XVI, Texas Constitution.

Sec. 3938.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The

creation of the district is essential to accomplish the purposes of

Sections 52 and 52-a, Article III, and Section 59, Article XVI,

Texas Constitution, and other public purposes stated in this

chapter. By creating the district and in authorizing political

subdivisions to contract with the district, the legislature has

established a program to accomplish the public purposes set out in

Section 52-a, Article III, Texas Constitution.

(b) The creation of the district is necessary to promote,

develop, encourage, and maintain employment, commerce,

transportation, housing, tourism, recreation, the arts,

entertainment, economic development, safety, and the public

welfare in the district.

supplant county services provided in the district.

Sec. 3938.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)

The district is created to serve a public use and benefit.

(b) All land and other property included in the district

will benefit from the improvements and services to be provided by

the district under powers conferred by Sections 52 and 52-a,

Article III, and Section 59, Article XVI, Texas Constitution, and

other powers granted under this chapter.

and is essential to further the public purposes of:

(1) developing and diversifying the economy of the

state;

(2) eliminating unemployment and underemployment;

(3) developing or expanding transportation and

commerce; and

(4) providing quality residential housing.

(d) The district will:

(1) promote the health, safety, and general welfare of

residents, employers, potential employees, employees, visitors,

and consumers in the district, and of the public;

(2) provide needed funding for the district to

preserve, maintain, and enhance the economic health and vitality of

the district territory as a residential community and business

center; and

(3) promote the health, safety, welfare, and enjoyment

of the public by providing pedestrian ways and by landscaping,

removing graffiti from, and developing certain areas in the

district, which are necessary for the restoration, preservation,

and enhancement of scenic beauty.

(e) Pedestrian ways along or across a street, whether at

grade or above or below the surface, and street lighting, street

landscaping, vehicle parking, and street art objects are parts of

and necessary components of a street and are considered to be an

improvement project that includes a street or road improvement.

(f) The district will not act as the agent or

instrumentality of any private interest even though the district

will benefit many private interests as well as the public.

Sec. 3938.005. DISTRICT TERRITORY. (a) The district is

initially composed of the territory described by Section 2 of the

Act enacting this chapter.

(b) The boundaries and field notes contained in Section 2 of

the Act enacting this chapter form a closure. A mistake 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.

Sec. 3938.006. APPLICABILITY OF MUNICIPAL MANAGEMENT

DISTRICTS LAW. Except as otherwise provided by this chapter,

Chapter 375, Local Government Code, applies to the district.

Sec. 3938.007. CONSTRUCTION OF CHAPTER. This chapter shall

be liberally construed in conformity with the findings and purposes

stated in this chapter.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 3938.051. GOVERNING BODY; TERMS. The district is

governed by a board of five voting directors who serve staggered

terms of four years with two or three directors' terms expiring June

1 of each odd-numbered year.

Sec. 3938.052. QUALIFICATIONS OF DIRECTORS APPOINTED BY

COUNTY. To be qualified to serve as a director appointed by the

governing body of the county, a person must be:

(1) a resident of the district who is also a registered

voter of the district;

(2) an owner of property in the district;

(3) an owner of stock or a partnership or membership

interest, whether beneficial or otherwise, of a corporate

partnership, limited liability company, or other entity owner of a

direct or indirect interest in property in the district;

(4) an owner of a beneficial interest in a trust, or a

trustee in a trust, that directly or indirectly owns property in the

district;

(5) an agent, employee, or tenant of a person

described by Subdivision (2), (3), or (4); or

(6) an initial director.

Sec. 3938.053. APPOINTMENT OF DIRECTORS. The governing

body of the county shall appoint directors from persons recommended

by the board.

Sec. 3938.054. VACANCY. If a vacancy occurs on the board,

the remaining directors shall appoint a director for the remainder

of the unexpired term.

Sec. 3938.055. DIRECTOR'S OATH OR AFFIRMATION. (a) A

director shall file the director's oath or affirmation of office

with the district, and the district shall retain the oath or

affirmation in the district records.

(b) A director shall file a copy of the director's oath or

affirmation with the clerk of the county.

Sec. 3938.056. QUORUM. A vacant director position is not

counted for purposes of establishing a quorum.

Sec. 3938.057. OFFICERS. The board shall elect from among

the directors a chair, a vice chair, and a secretary. The offices

of chair and secretary may not be held by the same person.

Sec. 3938.058. COMPENSATION; EXPENSES. (a) The district

may compensate each director in an amount not to exceed $50 for each

board meeting. The total amount of compensation a director may

receive each year may not exceed $2,000.

(b) A director is entitled to reimbursement for necessary

and reasonable expenses incurred in carrying out the duties and

responsibilities of the board.

Sec. 3938.059. LIABILITY INSURANCE. The district may obtain

and pay for comprehensive general liability insurance coverage from

a commercial insurance company or other source that protects and

insures a director against personal liability and from all claims

relating to:

(1) actions taken by the director in the director's

capacity as a member of the board;

(2) actions and activities taken by the district; or

(3) the actions of others acting on behalf of the

district.

Sec. 3938.060. NO EXECUTIVE COMMITTEE. The board may not

create an executive committee to exercise the powers of the board.

Sec. 3938.061. BOARD MEETINGS. The board shall hold

meetings at a place accessible to the public.

Sec. 3938.062. INITIAL DIRECTORS. (a) The initial board

consists of:

Pos. No.

Name of Director

Collin Nguyen

Laura Dodson

Roger Stacey

Amanda James

Joe Teagarden

(b) The terms of the initial directors expire June 1, 2017.

terms of directors serving in positions 1 through 3 expire June 1,

2019, and the terms of directors serving in positions 4 and 5 expire

June 1, 2021.

(d) Section 3938.052 does not apply to initial directors

under this section.

(e) This section expires September 1, 2021.

SUBCHAPTER C. POWERS AND DUTIES

Sec. 3938.101. GENERAL POWERS AND DUTIES. The district has

the powers and duties necessary to accomplish the purposes for

which the district is created.

Sec. 3938.102. IMPROVEMENT PROJECTS AND SERVICES. The

district may provide, design, construct, acquire, improve,

relocate, operate, maintain, or finance an improvement project or

service using money available to the district, or contract with a

governmental or private entity to provide, design, construct,

acquire, improve, relocate, operate, maintain, or finance an

improvement project or service authorized under this chapter or

Chapter 375, Local Government Code.

Sec. 3938.103. LOCATION OF IMPROVEMENT PROJECT. An

improvement project described by Section 3938.102 may be located:

(1) in the district; or

(2) in an area outside but adjacent to the district if

the project is for the purpose of extending a public infrastructure

improvement beyond the district's boundaries to a logical terminus.

Sec. 3938.104. DEVELOPMENT CORPORATION POWERS. The

district, using money available to the district, may exercise the

powers given to a development corporation under Chapter 505, Local

Government Code, including the power to own, operate, acquire,

construct, lease, improve, or maintain a project under that

chapter.

Sec. 3938.105. NONPROFIT CORPORATION. (a) The board by

resolution may authorize the creation of a nonprofit corporation to

assist and act for the district in implementing a project or

providing a service authorized by this chapter.

(b) The nonprofit corporation:

(1) has each power of and is considered to be a local

government corporation created under Subchapter D, Chapter 431,

Transportation Code; and

(2) may implement any project and provide any service

authorized by this chapter.

nonprofit corporation. The board of directors of the nonprofit

corporation shall serve in the same manner as the board of directors

of a local government corporation created under Subchapter D,

Chapter 431, Transportation Code, except that a board member is not

required to reside in the district.

Sec. 3938.106. AGREEMENTS; GRANTS. (a) As provided by

Chapter 375, Local Government Code, the district may make an

agreement with or accept a gift, grant, or loan from any person.

(b) The implementation of a project is a governmental

function or service for the purposes of Chapter 791, Government

Code.

Sec. 3938.107. LAW ENFORCEMENT SERVICES. To protect the

public interest, the district may contract with a qualified party,

including the county, to provide law enforcement services in the

district for a fee.

Sec. 3938.108. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The

district may join and pay dues to a charitable or nonprofit

organization that performs a service or provides an activity

consistent with the furtherance of a district purpose.

Sec. 3938.109. ECONOMIC DEVELOPMENT. (a) The district may

engage in activities that accomplish the economic development

purposes of the district.

(b) The district may establish and provide for the

administration of one or more programs to promote state or local

economic development and to stimulate business and commercial

activity in the district, including programs to:

(1) make loans and grants of public money; and

(2) provide district personnel and services.

and exercise the economic development powers that:

(1) Chapter 380, Local Government Code, provides to a

municipality; and

(2) Subchapter A, Chapter 1509, Government Code,

provides to a municipality.

Sec. 3938.110. REAL PROPERTY RESTRICTIONS. (a) The

district may adopt restrictions on the use of real property in the

district.

(b) The district may enforce restrictions on the use of real

property in the district in the manner provided for a municipal

utility district by Section 54.237, Water Code.

Sec. 3938.111. DESIGNATION OF SPECIAL ZONES. (a) The

district may designate all or any part of the area of the district,

as if the district were a municipality, as:

(1) a tax increment reinvestment zone under Chapter

311, Tax Code;

(2) a tax abatement reinvestment zone under Chapter

312, Tax Code; or

(3) an industrial district under Chapter 42, Local

Government Code.

(b) Section 311.006(b), Tax Code, does not apply to a tax

increment reinvestment zone created by the district.

Development Bank a request for designation of a project or activity

in the district as an enterprise project in the manner provided for

a municipality to submit a request under Chapter 2303, Government

Code.

(d) If the county creates a tax increment reinvestment zone

under Chapter 311, Tax Code, the county, by contract with the

district, may grant money deposited in the tax increment fund to the

district to be used by the district for the purposes permitted for

money granted to a corporation under Section 380.002(b), Local

Government Code, including the right to pledge the money as

security for any bonds issued by the district for an improvement

project.

Sec. 3938.112. CONCURRENCE ON ADDITIONAL POWERS. If the

territory of the district is located in the corporate boundaries or

the extraterritorial jurisdiction of a municipality, the district

may not exercise a power granted to the district after the date the

district was created unless the governing body of the municipality

by resolution consents to the district's exercise of the power.

Sec. 3938.113. NO EMINENT DOMAIN POWER. The district may

not exercise the power of eminent domain.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS

Sec. 3938.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The

board by resolution shall establish the number of signatures and

the procedure required for a disbursement or transfer of the

district's money.

Sec. 3938.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.

The district may acquire, construct, finance, operate, or maintain

an improvement project or service authorized under this chapter or

Chapter 375, Local Government Code, using any money available to

the district.

Sec. 3938.153. GENERAL POWERS REGARDING PAYMENT OF DISTRICT

BONDS, OBLIGATIONS, OR OTHER COSTS. The district may provide or

secure the payment or repayment of any bond, note, or other

temporary or permanent obligation or reimbursement or other

contract with any person and the costs and expenses of the

establishment, administration, and operation of the district and

the district's costs or share of the costs or revenue of an

improvement project or district contractual obligation or

indebtedness by:

(1) the imposition of an ad valorem tax or sales and

use tax or an assessment, user fee, concession fee, or rental

charge; or

(2) any other revenue or resources of the district,

including revenues from a tax increment reinvestment zone.

Sec. 3938.154. PETITION REQUIRED FOR FINANCING SERVICES AND

IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a

service or improvement project with assessments under this chapter

unless a written petition requesting that service or improvement

has been filed with the board.

(b) The petition must be signed by the owners of a majority

of the assessed value of real property in the district subject to

assessment according to the most recent certified tax appraisal

roll for the county.

Sec. 3938.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)

The board by resolution may impose and collect an assessment for any

purpose authorized by this chapter in all or any part of the

district.

(b) An assessment, a reassessment, or an assessment

resulting from an addition to or correction of the assessment roll

by the district, penalties and interest on an assessment or

reassessment, an expense of collection, and reasonable attorney's

fees incurred by the district:

(1) are a first and prior lien against the property

assessed;

(2) are superior to any other lien or claim other than

a lien or claim for county, school district, or municipal ad valorem

taxes; and

(3) are the personal liability of and a charge against

the owners of the property even if the owners are not named in the

assessment proceedings.

resolution imposing the assessment until the date the assessment is

paid. The board may enforce the lien in the same manner that the

board may enforce an ad valorem tax lien against real property.

(d) The board may make a correction to or deletion from the

assessment roll that does not increase the amount of assessment of

any parcel of land without providing notice and holding a hearing in

the manner required for additional assessments.

Sec. 3938.156. STORM WATER USER CHARGES. The district may

establish user charges related to the operation of storm water

facilities, including the regulation of storm water for the

protection of water quality in the district.

Sec. 3938.157. NONPOTABLE WATER USER CHARGES. The district

may establish user charges for the use of nonpotable water for

irrigation purposes, subject to approval of the governing body of

the county.

Sec. 3938.158. COSTS FOR IMPROVEMENT PROJECTS. The

district may undertake separately or jointly with other persons,

including the county, all or part of the cost of an improvement

project, including an improvement project:

(1) for improving, enhancing, and supporting public

safety and security, fire protection and emergency medical

services, and law enforcement in or adjacent to the district; or

(2) that confers a general benefit on the entire

district or a special benefit on a definable part of the district.

Sec. 3938.159. TAX AND ASSESSMENT ABATEMENTS. The district

may designate reinvestment zones and may grant abatements of a tax

or assessment on property in the zones.

SUBCHAPTER E. TAXES AND BONDS

Sec. 3938.201. TAX ABATEMENT. The district may enter into a

tax abatement agreement in accordance with the general laws of this

state authorizing and applicable to a tax abatement agreement by a

municipality.

Sec. 3938.202. PROPERTY TAX AUTHORIZED. (a) The district

may impose an ad valorem tax on all taxable property in the district

to:

(1) pay for an improvement project of the types

authorized by Section 52(b), Article III, and Section 59, Article

XVI, Texas Constitution; or

(2) secure the payment of bonds issued for a purpose

described by Subdivision (1).

(b) The district may not impose an ad valorem tax to pay for

an improvement project under this chapter unless the imposition is

approved by the voters of the district voting at an election held

for that purpose. The board may call an election to approve the

imposition of an ad valorem tax to pay for an improvement project

under this chapter only if the board receives a petition requesting

the election signed by:

(1) more than 51 percent of the record owners of real

property in the district subject to taxation; or

(2) owners representing more than 51 percent of the

appraised value of real property in the district subject to

taxation, as determined by the tax rolls of the appraisal district.

Sec. 3938.203. SALES AND USE TAX. (a) The district may

impose a sales and use tax if authorized by a majority of the voters

of the district voting at an election called for that purpose.

Revenue from the tax may be used for any purpose for which ad

valorem tax revenue of the district may be used.

(b) The district may not adopt a sales and use tax if as a

result of the adoption of the tax the combined rate of all sales and

use taxes imposed by the district and other political subdivisions

of this state having territory in the district would exceed two

percent at any location in the district.

the tax at an election held on the same election date on which

another political subdivision adopts a sales and use tax or

approves an increase in the rate of its sales and use tax and as a

result the combined rate of all sales and use taxes imposed by the

district and other political subdivisions of this state having

territory in the district would exceed two percent at any location

in the district, the election to adopt a sales and use tax under

this chapter has no effect.

Sec. 3938.204. BONDS AND OTHER OBLIGATIONS. (a) The

district may issue, by public or private sale, bonds, notes, or

other obligations payable wholly or partly from ad valorem taxes,

sales and use taxes, or assessments in the manner provided by

Subchapter J, Chapter 375, Local Government Code.

(b) If the territory of the district is not located in the

corporate boundaries or extraterritorial jurisdiction of a

municipality, the district is not required to comply with Section

375.207, Local Government Code, and may issue a bond or other

obligation under Subchapter J, Chapter 375, Local Government Code,

with the written consent of directors, as provided by Section

375.071, Local Government Code.

district may issue a bond or other obligation in the form of a bond,

note, certificate of participation or other instrument evidencing a

proportionate interest in payments to be made by the district, or

other type of obligation.

(d) In addition to the sources of money described by

Subchapter J, Chapter 375, Local Government Code, district bonds

may be secured and made payable wholly or partly by a pledge of any

part of the money the district receives from improvement revenue or

from any other source.

Sec. 3938.205. BOND MATURITY. Bonds may mature not more

than 40 years from their date of issue.

Sec. 3938.206. TAXES FOR BONDS AND OTHER OBLIGATIONS. At

the time bonds or other obligations payable wholly or partly from ad

valorem taxes are issued:

(1) the board shall impose a continuing direct annual

ad valorem tax 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 or other

obligations as the interest becomes due; and

(B) create a sinking fund for the payment of the

principal of the bonds or other obligations when due or the

redemption price at any earlier required redemption date.

SUBCHAPTER F. DISSOLUTION

Sec. 3938.251. DISSOLUTION BY ORDINANCE. (a) A

municipality that includes territory of the district, in the

corporate boundaries or extraterritorial jurisdiction of the

municipality, by ordinance may dissolve the district.

(b) The municipality may not dissolve the district until the

district's outstanding debt or contractual obligations that are

payable from ad valorem taxes have been repaid or discharged, or the

municipality has affirmatively assumed the obligation to pay the

outstanding debt from municipal revenue.

Sec. 3938.252. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.

(a) If the dissolved district has bonds or other obligations

outstanding secured by and payable from assessments or other

revenue, other than ad valorem taxes, the municipality that

dissolves the district shall succeed to the rights and obligations

of the district regarding enforcement and collection of the

assessments or other revenue.

(b) The municipality shall have and exercise all district

powers to enforce and collect the assessments or other revenue to

pay:

(1) the bonds or other obligations when due and

payable according to their terms; or

(2) special revenue or assessment bonds or other

obligations issued by the municipality to refund the outstanding

bonds or obligations.

Sec. 3938.253. ASSUMPTION OF ASSETS AND LIABILITIES. (a)

If a municipality dissolves the district, the municipality assumes,

subject to the appropriation and availability of funds, the

obligations of the district, including any bonds or other debt

payable from assessments or other district revenue.

(b) If a municipality dissolves the district, the board

shall transfer ownership of all district property to the

municipality.

SECTION 2. The Grand Lake Estates Management District

initially includes all the territory contained in the following

area: Tract 1 is +/- 200.33 acres within the J. Sealy Survey

Abstract (No. 758) and A. Hodge Survey Abstract (No. 18), and

situated west of the Grand Lake Estates Subdivision Section 11

(west of intersection of Guinevere Ln and Kirsten's Ct) and south of

the Grand Lake Estates Subdivision Sections 6 and 8, in southwest

Montgomery County with point of beginning being south Right-Of-Way

(ROW) of Guinevere Ln and east boundary of 200.33 acre tract (A0758

- Sealy John, TRACT 1-A (191.211 AC), A0018 HODGE ARCHIBALD, TRACT

3A-1 (9.119 AC), ACRES 200.33);

Then south along east boundary of said 200.33 acre tract to

southeast corner of said tract;

Then west along south boundary of said 200.33 acre tract to

southwest corner of said tract;

Then north along west boundary of said 200.33 acre tract to

northwest corner of said tract;

Then east along north boundary of said 200.33 acre tract to

northeast corner of said tract;

Then south along east boundary of said 200.33 acre tract to south

ROW of Guinevere Ln and point of beginning of +/-200.33 acre tract;

SECTION 3. Subtitle F, Title 6, Special District Local Laws

Code, is amended by adding Chapter 7932 to read as follows:

CHAPTER 7932. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 152

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 7932.001. DEFINITIONS. In this chapter:

(1) "Board" means the district's board of directors.

(2) "Commission" means the Texas Commission on

Environmental Quality.

(3) "Director" means a board member.

(4) "District" means the Montgomery County Municipal

Utility District No. 152.

Sec. 7932.002. NATURE OF DISTRICT. The district is a

municipal utility district created under Section 59, Article XVI,

Texas Constitution.

Sec. 7932.003. CONFIRMATION AND DIRECTORS' ELECTION

REQUIRED. The temporary directors shall hold an election to

confirm the creation of the district and to elect five permanent

directors as provided by Section 49.102, Water Code.

Sec. 7932.004. CONSENT OF MUNICIPALITY REQUIRED. The

temporary directors may not hold an election under Section 7932.003

until each municipality in whose corporate limits or

extraterritorial jurisdiction the district is located has

consented by ordinance or resolution to the creation of the

district and to the inclusion of land in the district.

Sec. 7932.005. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)

The district is created to serve a public purpose and benefit.

(b) The district is created to accomplish the purposes of:

(1) a municipal utility district as provided by

general law and Section 59, Article XVI, Texas Constitution; and

(2) Section 52, Article III, Texas Constitution, that

relate to the construction, acquisition, improvement, operation,

or maintenance of macadamized, graveled, or paved roads, or

improvements, including storm drainage, in aid of those roads.

Sec. 7932.006. INITIAL DISTRICT TERRITORY. (a) The

district is initially composed of the territory described by

Section 4 of the Act enacting this chapter.

(b) The boundaries and field notes contained in Section 4 of

the Act enacting 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 a tax; or

(4) legality or operation.

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 7932.051. GOVERNING BODY; TERMS. (a) The district is

governed by a board of five elected directors.

(b) Except as provided by Section 7932.052, directors serve

staggered four-year terms.

Sec. 7932.052. TEMPORARY DIRECTORS. (a) On or after the

effective date of the Act enacting this chapter, 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 temporary directors the five persons

named in the petition. The commission shall appoint as temporary

directors the five persons named in the petition.

(b) Temporary directors serve until the earlier of:

(1) the date permanent directors are elected under

Section 7932.003; or

(2) the fourth anniversary of the effective date of

the Act enacting this chapter.

Section 7932.003 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 7932.003; 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. 7932.101. GENERAL POWERS AND DUTIES. The district has

the powers and duties necessary to accomplish the purposes for

which the district is created.

Sec. 7932.102. MUNICIPAL UTILITY DISTRICT POWERS AND

DUTIES. 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.

Sec. 7932.103. 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. 7932.104. 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.

Texas Transportation Commission must approve the plans and

specifications of the road project.

Sec. 7932.105. COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE

OR RESOLUTION. The district shall comply with all applicable

requirements of any ordinance or resolution that is adopted under

Section 54.016 or 54.0165, Water Code, and that consents to the

creation of the district or to the inclusion of land in the

district.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 7932.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The

district may issue, without an election, bonds and other

obligations secured by:

(1) revenue other than ad valorem taxes; or

(2) contract payments described by Section 7932.153.

(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.

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. 7932.152. OPERATION AND MAINTENANCE TAX. (a) If

authorized at an election held under Section 7932.151, 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.

Sec. 7932.153. CONTRACT TAXES. (a) In accordance with

Section 49.108, Water Code, the district may impose a tax other than

an operation and maintenance tax and use the revenue derived from

the tax to make payments under a contract after the provisions of

the contract have been approved by a majority of the district voters

voting at an election held for that purpose.

(b) A contract approved by the district voters may contain a

provision stating that the contract may be modified or amended by

the board without further voter approval.

SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS

Sec. 7932.201. 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, contract payments, grants, or other district money, or any

combination of those sources, to pay for any authorized district

purpose.

Sec. 7932.202. TAXES FOR BONDS. At the time the district

issues bonds payable wholly or partly from ad valorem taxes, the

board shall provide for the annual imposition of a continuing

direct ad valorem tax, without limit as to rate or amount, while all

or part of the bonds are outstanding as required and in the manner

provided by Sections 54.601 and 54.602, Water Code.

Sec. 7932.203. 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.

SECTION 4. The Montgomery County Municipal Utility District

No. 152 initially includes all the territory contained in the

following area:

A METES & BOUNDS description of a certain 695.3 acre tract of

land situated in the Montgomery County School Land Survey, Abstract

No. 351, the T. F. Johnson Survey, Abstract No. 299 and the Timothy

O'Neil Survey, Abstract No. 406 in Montgomery County, Texas, being

comprised of a called 364.7 acre tract of land (First Tract) and a

called 330.6 acre tract of land (Second Tract) conveyed to Bell

Endeavors, Ltd. From Helen Hilliard Brame by Special Warranty Deed

recorded in Clerk's File No. 2004-021196 of the Montgomery County

Official Public Records of Real Property; said 695.3 acre tract

being more particularly described in Two (2) Tracts as follows with

all bearings being based on a call of South 51°30' West, along the

common lines of the First and Second Tracts;

TRACT 1: 364.7 acres, more or less, of land, of which 286.5

acres, more or less, lies in the Montgomery County School Land

Survey, Abstract No. 350, 69.2 acres, more or less, lies in the

Montgomery County School Land Survey, Abstract No. 351, 6.5 acres,

more or less, lies in the T. F. Johnson Survey, Abstract No. 299,

and 2.5 acres, more or less, lies in the Timothy O'Neil Survey,

Abstract No. 406, and being the same land as conveyed to Winnie

Helen Hilliard by partition deed dated July 20, 1957, recorded in

Volume 434, Page 441 of the Deed Records of Montgomery County,

Texas; said 364.7 acres, more or less, of land being more

particularly described as follows:

BEGINNING at the Southwest corner of the S. Richardson

Survey, Abstract No. 460 and the Northwest corner of the T. F.

Johnson Survey, the Eastern Southeast corner of the Montgomery

County School Land Survey, Abstract No. 350, a Northeast intra

corner of the Montgomery County School Land Survey, Abstract

No. 351, and being Corner No. 1 hereof;

THENCE, S 00°30' W, 199.3 feet to Corner No. 2 hereof at the

Southwest corner of the Blanche Bender tract of land;

THENCE, East, 746.4 feet to Corner No. 3 hereof and the

Second Corner of Tract 2 hereof;

THENCE, S 51°30' W, 2738 feet to Corner No. 4 hereof and

Corner No. 1 of said Tract Two hereof, also being in the Northern

boundary line of a 660 acre tract as conveyed to Winnifred Bender

Beaman by said partition deed recorded in Volume 434, Page 441 of

said Deed Records, and also being the Southeast corner of the Doris

Eugenia Vaughan tract as described in said partition deed;

THENCE, N 38°35' W, 6268.4 feet to Corner No. 5 hereof and the

Northeast corner of said Doris Eugenia Vaughan tract in the center

of the Scott-Herrin Road;

THENCE, N 47°30' E, 800.4 feet with said Road [Deed (Volume

434, Page 441) call of N 46°40' E, 759.2 feet] to Corner No. 6

hereof;

THENCE, N 70°06' E, 1110.0 feet continuing with said road

[Deed (Volume 434, Page 441) call of N 68°55' E, 1110 feet] to its

intersection with the old Bender Tram Line for Corner No. 7 hereof;

THENCE, S 57°27' E, with said old Tram, 4397 feet [Deed

(Volume 434, Page 441) call of S 57°12' E, 4397 feet] to Corner No. 8

hereof in the West boundary line of the S. Richardson Survey;

THENCE, S 01°12'39" W, 1549.45 feet [Deed (Clerk's File

No. 2004-021196) call South 01°13' W, 1549.6 feet] along the West

line of the S. Richardson Survey to the PLACE OF BEGINNING AND

CONTAINING within these bounds 364.7 acres, more or less, of land.

TRACT 2: 330.6 acres, more or less, of land, of which 110.5

acres, more or less, lies in the Montgomery County School Land

Survey, Abstract No. 351, and 220.1 acres, more or less, lies in the

T. F. Johnson Survey, Abstract No. 299, and being the same land as

conveyed to Winnie Helen Hilliard by deed dated August 3, 1967,

recorded in Volume 646, Page 935 of the Montgomery County Deed

Records; said 330.6 acres, more or less, of land being more

particularly described as follows:

BEGINNING at Corner No. 4 of the Tract 1 herein, and Corner

No. 1 hereof;

THENCE, N 51°30' E, 2738.0 feet to a point for corner in the

Southern boundary line of said Blanche Bender tract for Corner

No. 2;

THENCE, East, 1009.6 feet with the Southern boundary line of

said Blanche Bender tract to Corner No. 3 hereof on the Western edge

of the Old Bender Tram Line;

THENCE, S 28°02' E, with said old Tram and/or road, 4024 feet

[Deed (Volume 434, Page 441) call of S 28°50' E, 3966.4 feet] to

Corner No. 4 hereof, on the Western side of said road, and being a

most Eastern corner of the Doris E. Vaughan 330 acres as described

in a deed recorded in Volume 646, Page 933 of said Deed Records;

THENCE, S 52°43' W, 2797.2 feet, [Deed (Volume 434, Page 441)

call of S 53° W, 2797.2 feet] to Corner No. 5 hereof and being a

re-entrant corner of the Doris E. Vaughan 330 acre tract;

THENCE, S 38°30'25" W, 4526.14 feet [Deed (Clerk's File

No. 2004-021196) call N 38°30' W, 4525.7 feet] to the PLACE OF

BEGINNING AND CONTAINING within these bounds 330.6 acres, more or

less, of land for a total of 695.3 acres in Montgomery County,

Texas.

SECTION 5. (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.

its recommendations relating to this Act with the governor,

lieutenant governor, and speaker of the house of representatives

within the required time.

(d) The general law relating to consent by political

subdivisions to the creation of districts with conservation,

reclamation, and road powers and the inclusion of land in those

districts has been complied with.

(e) 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 have been

fulfilled and accomplished.

SECTION 6. (a) If this Act does not receive a two-thirds

vote of all the members elected to each house, Subchapter C, Chapter

7932, Special District Local Laws Code, as added by Section 3 of

this Act, is amended by adding Section 7932.106 to read as follows:

Sec. 7932.106. NO EMINENT DOMAIN POWER. The district may

not exercise the power of eminent domain.

(b) This section is not intended to be an expression of a

legislative interpretation of the requirements of Section 17(c),

Article I, Texas Constitution.

SECTION 7. Section 2, Chapter 465, Acts of the 79th

Legislature, Regular Session, 2005, is amended to read as follows:

Sec. 2. The Harris County Municipal Utility District No.

465 [~~initially~~] includes all the territory contained in the

following area:

Being 320.794 acres of land located in the A. E. Spencer

Survey, Abstract 1365, and the W. B. Macomer Survey, Abstract 1528,

the L. Breeding Survey, Abstract 1468, and the C. Breeding Survey,

Abstract 1467, Harris County, Texas, being a portion of that

certain called 315.38 acre tract (Tract I) and the residue of that

certain called 19.768 acre tract (Tract III) by an instrument of

record in File Number D990282, Official Public Records of Real

Property, Harris County, Texas, (H.C.O.P.R.R.P.), said 320.794

acres being more particularly described by metes and bounds as

follows, all bearings based upon the west line of said 315.38 acre

tract, and being north (called north);

BEGINNING on the common line of said W. B. Macomer Survey,

Abstract 1528, and the H. & T.C. Railroad Company Survey Section 87,

Abstract 455 of said Harris County, Texas, at its intersection with

the north right-of-way line of F. M. Highway 529, said point being

the southwest corner of said 315.38 acre tract;

Thence, North (called North) along the common line of said

W. B. Macomer Survey and said H. & T.C. Railroad Company Survey,

5,204.14 feet to the northwest corner of the herein described

tract, the northwest corner of said 315.38 acre tract, same being

the northeast corner of a called 21.157 acre tract by an instrument

of record in File Number P040350, H.C.O.P.R.R.P., on the south

right-of-way line of Longenbaugh Road;

Thence, North 89° 59' 17" East, along the north line of the

herein described tract and the north line of said 315.38 acre tract,

and the south right-of-way line of said Longenbaugh Road, 2,640.00

feet to the northeast corner of the herein described tract and the

northeast corner of said 315.38 acre tract, same being the

northwest corner of the residue of a called 510.63 acre tract by an

instrument of record in Volume 1270, Page 473, and Volume 1267, Page

163, Deed Records of said Harris County, Texas (H.C.D.R.);

Thence, South (called South) along the east line of the

herein described tract and the east line of said called 315.38 acre

tract, same being the west line of said adjoining residue of a

called 510.63 acre tract, at 2,613.77 feet pass a point on said line

at its intersection with the south line of the A. E. Spencer Survey,

Abstract 1365, said point being the southwest corner of said

adjoining residue of a called 510.63 acre tract, same being the

northwest corner of an adjoining called 73.718 acre tract described

in deed recorded under County Clerk's File Numbers L9788401,

N447931, N447932, and W740505, Official Public Records of Real

Property, Harris County, Texas, said point also being the northwest

corner of the L. Breeding Survey, Abstract 1468, same being the

northeast corner of the W. B. Macomer Survey, Abstract 1528, and

continuing for a total distance of 3,844.35 feet to a reentry corner

to the herein described tract, same being the southwest corner of

said adjoining called 73.718 acre tract;

Thence, North 89 degrees 57 minutes 16 seconds East (adjoiner

called East) along the lower north line of the herein described

tract, same being the south line of said adjoining called 73.718

acre tract, 2,609.39 feet (adjoiner called 2,609.44 feet) to a

northeast corner of the herein described tract, same being the

southeast corner of said adjoining called 73.718 acre tract, and

being in the west right-of-way line of Katy Hockley Road;

Thence, South 00 degrees 01 minute 11 seconds East (called

South) along the middle east line the herein described tract and the

east line of said residue of a called 19.768 acre tract, same being

the west right-of-way line of Katy Hockley Road, 90.00 feet to a

southeast corner of the herein described tract and the southeast

corner of said called 19.768 acre tract, same being the northeast

corner of an adjoining called 1.00 acre tract described in deed

recorded under County Clerk's File Number T395128, Official Public

Records of Real Property, Harris County, Texas, said point also

being the southeast corner of the C. Breeding Survey, Abstract

1467, same being the lower northeast corner of the L. Breeding

Survey, Abstract 1468;

Thence, South 89 degrees 57 minutes 16 seconds West along the

south line of the C. Breeding Survey, Abstract 1467, same being the

lower north line of the L. Breeding Survey, Abstract 1468, being the

upper south line of the herein described tract and the south line of

said called 19.768 acre tract, same being the north line of said

adjoining called 1.00 acre tract, and along the north line of an

adjoining called 1.9578 acre tract described in deed recorded under

County Clerk's File Number T233387, Official Public Records of Real