By: Bell of Montgomery H.B. No. 4688

(Senate Sponsor - Creighton)

(In the Senate - Received from the House May 6, 2019; May 6, 2019, read first time and referred to Committee on Intergovernmental Relations; May 15, 2019, reported favorably by the following vote: Yeas 7, Nays 0; May 15, 2019, sent to printer.) Click here to see the committee vote

A BILL TO BE ENTITLED

AN ACT

relating to the creation of the Montgomery County Municipal Utility District No. 175; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

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 8050 to read as follows:

CHAPTER 8050. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 175

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8050.0101. 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. 175.

Sec. 8050.0102. NATURE OF DISTRICT. The district is a municipal utility district created under Section 59, Article XVI, Texas Constitution.

Sec. 8050.0103. CONFIRMATION AND DIRECTOR 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. 8050.0104. CONSENT OF MUNICIPALITY REQUIRED. The temporary directors may not hold an election under Section 8050.0103 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. 8050.0105. 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. 8050.0106. INITIAL 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 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. 8050.0201. GOVERNING BODY; TERMS. (a) The district is governed by a board of five elected directors.

(b) Except as provided by Section 8050.0202, directors serve staggered four-year terms.

Sec. 8050.0202. 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 8050.0103; 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 8050.0103 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 8050.0103; 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. 8050.0301. GENERAL POWERS AND DUTIES. The district has the powers and duties necessary to accomplish the purposes for which the district is created.

Sec. 8050.0302. 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. 8050.0303. 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. 8050.0304. 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. 8050.0305. 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.

Sec. 8050.0306. DIVISION OF DISTRICT. (a) The district may be divided into two or more new districts only if the district:

(1) has never issued any bonds; and

(2) is not imposing ad valorem taxes.

(b) This chapter applies to any new district created by the division of the district, and a new district has all the powers and duties of the district.

(c) Any new district created by the division of the district may not, at the time the new district is created, contain any land outside the area described by Section 2 of the Act enacting this chapter.

(d) The board, on its own motion or on receipt of a petition signed by the owner or owners of a majority of the assessed value of the real property in the district, may adopt an order dividing the district.

(e) The board may adopt an order dividing the district before or after the date the board holds an election under Section 8050.0103 to confirm the creation of the district.

(f) An order dividing the district shall:

(1) name each new district;

(2) include the metes and bounds description of the territory of each new district;

(3) appoint temporary directors for each new district; and

(4) provide for the division of assets and liabilities between or among the new districts.

(g) On or before the 30th day after the date of adoption of an order dividing the district, the district shall file the order with the commission and record the order in the real property records of each county in which the district is located.

(h) Any new district created by the division of the district shall hold a confirmation and directors' election as required by Section 8050.0103.

(i) If the creation of the new district is confirmed, the new district shall provide the election date and results to the commission.

(j) Any new district created by the division of the district must hold an election as required by this chapter to obtain voter approval before the district may impose a maintenance tax or issue bonds payable wholly or partly from ad valorem taxes.

(k) Municipal consent to the creation of the district and to the inclusion of land in the district granted under Section 8050.0104 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.

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS

Sec. 8050.0401. 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 8050.0403.

(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. 8050.0402. OPERATION AND MAINTENANCE TAX. (a) If authorized at an election held under Section 8050.0401, 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. 8050.0403. 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. 8050.0501. 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. 8050.0502. 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. 8050.0503. 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 2. The Montgomery County Municipal Utility District No. 175 initially includes all the territory contained in the following area:

A TRACT OF LAND SITUATED IN THE STATE OF TEXAS, IN MONTGOMERY COUNTY, TEXAS AND CONTAINING 857.061 ACRES OF LAND NOW OR FORMERLY OWNED BY GEORGE P. MITCHELL AND BEING ALL OR PART OF THE FOLLOWING SURVEYS: WILLIAM LOWE SURVEY A-325 AND MATTHEW MORSE SURVEY A-337. SAID TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEARING ORIENTATION IS BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, CENTRAL ZONE.

BEGINNING AT A FENCE CORNER BEING THE SOUTHWEST CORNER OF THE TRACT HEREIN BEING DESCRIBED AND BEING AT ITS INTERSECTION WITH THE EAST RIGHT-OF-WAY OF STATE HIGHWAY NO. 149 (100' R.O.W.) AND BEING ALSO ON THE SOUTH BOUNDARY OF THE WILLIAM LOWE SURVEY A-325, BEING A COMMON BOUNDARY WITH THE NORTH BOUNDARY OF THE WILLIAM McNINN NUNER SURVEY A-401. SAID POINT OF BEGINNING HAVING A TEXAS STATE PLANE COORDINATE VALUE OF X=3,462,817.99, Y=363,395.89.

THENCE N02° 59' 17"W, 3,465.49 FEET ALONG THE WEST BOUNDARY OF THIS TRACT AS FENCED AND OCCUPIED AND ALONG THE EAST RIGHT-OF-WAY OF SAID STATE HIGHWAY NO. 149 TO A FENCE CORNER AND POINT FOR CORNER FOR THIS TRACT. SAID CORNER BEING COMMON WITH THE SOUTHWEST CORNER OF "177 LAKE ESTATES SUBDIVISION."

THENCE N87° 05' 50"E, 2,735.87 FEET ALONG A NORTH BOUNDARY OF THIS TRACT AS FENCED AND OCCUPIED, BEING ALSO THE SOUTH BOUNDARY OF SAID "177 LAKE ESTATES SUBDIVISION" AND BEING ALSO THE NORTH BOUNDARY OF SAID WILLIAM LOWE SURVEY TO A POINT FOR CORNER MARKED BY A 4" BOILER PIPE (FOUND) AT FENCE CORNER.

THENCE N03° 28' 09"W, 2,738.46 FEET ALONG A WEST BOUNDARY OF THIS TRACT AS FENCED AND OCCUPIED, BEING COMMON WITH THE EAST BOUNDARY OF SAID "177 LAKE ESTATES SUBDIVISION" AND BEING ALSO A WEST BOUNDARY OF THE MATTHEW MORSE SURVEY TO A POINT FOR CORNER BEING THE NORTHWEST CORNER OF THIS TRACT AND BEING AT ITS INTERSECTION WITH THE SOUTH RIGHT-OF-WAY KEENAN CUT OFF ROAD, AND MARKED BY A 4" BOILER PIPE (FOUND).

THENCE, N86° 45' 31"E, 4,030.41 FEET ALONG A NORTH BOUNDARY OF THIS TRACT, SAME BEING THE NORTH BOUNDARY OF SAID MATTHEW MORSE SURVEY AND THE SOUTH RIGHT-OF-WAY OF KEENAN ROAD TO A POINT FOR CORNER AND FENCE CORNER. SAID CORNER BEING ALSO THE NORTHWEST CORNER OF THE T.J. NICHOLS SURVEY.

THENCE ALONG A COMMON BOUNDARY BETWEEN THE MATTHEW MORSE SURVEY AND THE T.J. NICHOLS SURVEY AS FENCED AND OCCUPIED AS FOLLOWS: S03° 06' 04"E, 2,334.84 FEET TO A FENCE CORNER, AND POINT FOR CORNER. AND N87° 21' 40"E, 1,301.13 FEET TO A POINT FOR CORNER MARKED BY A 4" BOILER PIPE (FOUND) AT FENCE CORNER AND BEING AT ITS INTERSECTION WITH THE WEST BOUNDARY OF THE JAMES HALL SURVEY.

THENCE ALONG THE EAST BOUNDARY OF SAID MATTHEW MORSE SURVEY AS FENCED AND OCCUPIED, SAME BEING THE WEST BOUNDARY OF SAID JAMES HALL SURVEY AND THE M.J. KIRBY AS FOLLOWS: S02° 58' 28"E, 2,103.25 FEET TO A POINT FOR CORNER MARKED BY A 1 1/4" IRON PIPE (FOUND). S03° 24' 06"E, 21,203.26 FEET TO A POINT FOR CORNER MARKED BY A 1 1/4" IRON PIPE (FOUND). AND S03° 50' 21"E, 346.32 FEET TO A POINT FOR CORNER AT ITS INTERSECTION WITH THE NORTH BOUNDARY OF A 20.00 ACRE TRACT OWNED BY GEORGE P. MITCHELL.

THENCE ALONG THE SOUTH BOUNDARY OF THIS TRACT SEVERING THE MATTHEW MORSE SURVEY ALONG THE NORTH AND WEST BOUNDARY OF ABOVE MENTIONED 20.00 ACRE TRACT AS FOLLOWS: S89° 31' 14"W, 1,727.72 FEET TO A POINT FOR CORNER MARKED BY A 5/8" IRON ROD WITH ALUMINUM CAP (FOUND). AND S00° 28' 46"E, 500.00 FEET TO A POINT FOR CORNER ON THE SOUTH LINE OF SAID MATTHEW MORSE SURVEY BEING COMMON WITH THE NORTH BOUNDARY OF THE DANIEL ROPER SURVEY.

THENCE S89° 31' 14"W, 2,144.18 FEET ALONG THE ABOVE MENTIONED COMMON SURVEY LINE TO A POINT FOR CORNER.

THENCE SEVERING SAID MATTHEW MORSE SURVEY AND THE WILLIAM LOWE SURVEY AS FOLLOWS: N02° 59' 17"W, 913.97 FEET TO A POINT FOR CORNER MARKED BY A 5/8" IRON ROD WITH ALUMINUM CAP (FOUND). S89° 31' 14"W, 1,868.81 FEET TO A POINT FOR CORNER ON THE CENTERLINE OF THE TEXAS EASTERN PIPELINE RIGHT-OF-WAY RECORDED IN VOLUME 336, PAGE 429 OF THE DEED RECORDS OF MONTGOMERY COUNTY, TEXAS (50 FEET WIDE PIPELINE RIGHT-OF-WAY). AND S44° 01' 41"W, 1,280.36 FEET ALONG THE CENTERLINE OF SAID PIPELINE RIGHT-OF-WAY TO A POINT FOR CORNER AT ITS INTERSECTION WITH THE SOUTH BOUNDARY OF SAID WILLIAM LOWE SURVEY AND BEING COMMON WITH THE NORTH BOUNDARY OF THE DANIEL ROPER SURVEY.

THENCE S89° 31' 14"W, 83.12 FEET ALONG THE ABOVE MENTIONED COMMON SURVEY LINE TO POINT FOR CORNER MARKED BY A 4" BOILER PIPE AT FENCE CORNER AND BEING ALSO THE NORTHWEST CORNER OF THE DANIEL ROPER SURVEY.

THENCE S86° 11' 16"W, 1,285.65 FEET ALONG THE SOUTH BOUNDARY OF THE WILLIAM LOWE SURVEY BEING ALSO THE NORTH BOUNDARY OF THE WM. McNINN NUNER SURVEY AS FENCED AND OCCUPIED TO THE POINT OF BEGINNING AND CONTAINING 857.061 ACRES 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. (a) If this Act does not receive a two-thirds vote of all the members elected to each house, Subchapter C, Chapter 8050, Special District Local Laws Code, as added by Section 1 of this Act, is amended by adding Section 8050.0307 to read as follows:

Sec. 8050.0307. 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 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, 2019.

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