By: Metcalf (Senate Sponsor - Kolkhorst) H.B. No. 5318
         (In the Senate - Received from the House May 3, 2023;
  May 4, 2023, read first time and referred to Committee on Local
  Government; May 15, 2023, reported favorably by the following
  vote:  Yeas 7, Nays 0; May 15, 2023, 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 Water Control and
  Improvement District No. 6; 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 I, Title 6, Special District Local Laws
  Code, is amended by adding Chapter 9058 to read as follows:
  CHAPTER 9058.  MONTGOMERY COUNTY WATER CONTROL AND IMPROVEMENT
  DISTRICT NO. 6
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 9058.0101.  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 Water
  Control and Improvement District No. 6.
         Sec. 9058.0102.  NATURE OF DISTRICT.  The district is a water
  control and improvement district created under Section 59, Article
  XVI, Texas Constitution.
         Sec. 9058.0103.  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. 9058.0104.  CONSENT OF MUNICIPALITY REQUIRED. The
  temporary directors may not hold an election under Section
  9058.0103 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. 9058.0105.  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 water control and improvement district as
  provided by general law and Section 59, Article XVI, Texas
  Constitution, including the collection, transportation,
  processing, disposal, and control of domestic, industrial, or
  communal waste and the gathering, conducting, diverting, and
  control of local stormwater or other harmful excesses of water; 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. 9058.0106.  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. 9058.0201.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 9058.0202, directors
  serve staggered four-year terms.
         Sec. 9058.0202.  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 9058.0103; 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 9058.0103 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 9058.0103; 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. 9058.0301.  GENERAL POWERS AND DUTIES.  The district
  has the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 9058.0302.  WATER CONTROL AND IMPROVEMENT DISTRICT
  POWERS AND DUTIES.  The district has the powers and duties provided
  by the general law of this state, including Chapters 49 and 51,
  Water Code, applicable to water control and improvement districts
  created under Section 59, Article XVI, Texas Constitution, and
  specifically including the powers and duties authorized under
  Subchapter H, Chapter 51, Water Code.
         Sec. 9058.0303.  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. 9058.0304.  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. 9058.0305.  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 42.042 or 42.0425, Local Government Code, and
  consents to the creation of the district or to the inclusion of land
  in the district.
         Sec. 9058.0306.  LIMITATION ON USE OF EMINENT DOMAIN. The
  district may not exercise the power of eminent domain outside the
  district boundaries to acquire a site or easement for:
               (1)  a recreational facility, as defined by Section
  49.462, Water Code; or
               (2)  a road project authorized by Section 9058.0303.
  SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
         Sec. 9058.0401.  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 9058.0403.
         (b)  The district must hold an election in the manner
  provided by Chapters 49 and 51, 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. 9058.0402.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 9058.0401, 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. 9058.0403.  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. 9058.0501.  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. 9058.0502.  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 Chapter 51, Water Code.
         Sec. 9058.0503.  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.
         Sec. 9058.0504.  BONDS FOR RECREATIONAL FACILITIES. (a)  
  The district may develop recreational facilities and issue bonds
  for recreational facilities as provided by Chapter 49, Water Code,
  regardless of whether the district's territory overlaps with the
  territory of a political subdivision that is authorized to develop
  recreational facilities and issue bonds for recreational
  facilities under Chapter 49, Water Code.
         (b)  The authority of the district to develop recreational
  facilities and issue bonds for recreational facilities under this
  section does not limit the authority of another political
  subdivision whose territory the territory of the district may
  overlap, wholly or partly, to develop recreational facilities and
  issue bonds for recreational facilities under Chapter 49, Water
  Code.
         SECTION 2.  The Montgomery County Water Control and
  Improvement District No. 6 initially includes all the territory
  contained in the following area:
         Being 299 acres of land, more or less, located in the Raleigh
  Rogers Survey, Abstract 33, Montgomery County, Texas, out of land
  conveyed to Homeplace Lands, LLC, as recorded under Clerk's File
  No. 2012125424 of the Official Public Records of Real Property,
  Montgomery County, Texas, (O.P.R.M.C.), being comprised of two (2)
  tracts as described below; said 299 acres, more or less, being more
  particularly described as follows, with all bearings referenced to
  the Texas Coordinate System, Central Zone, NAD83 (NA2011) Epoch
  2010.00:
         TRACT 1: 105 Acres
         BEGINNING at the northeast corner of the herein described
  tract, lying in a southwesterly line of the BN & SF Railroad
  right-of-way, from which the northwest corner of a 216.521 acre
  tract, as defined under Clerk's File No. 2012125424 of the
  O.P.R.M.C., also being the southwest corner of land conveyed to
  Douglas B. & Carolyn Lee as recorded under Clerk's File
  No. 2014125321 of the O.P.R.M.C., bears NORTH 86 degrees 42 minutes
  33 seconds EAST, 2,038.61 feet;
         THENCE SOUTHEASTERLY with and adjoining said southwesterly
  line of said BN & SF Railroad right-of-way line approximately 2,789
  feet, more or less, to the southeast corner of the hereon described
  tract, lying in a northerly line of land as described in a warranty
  deed to Earle T. McCants and Edward W. McCants as recorded under
  Clerk's File No. 99002183 of the Official Public Records of Real
  Property Montgomery County, Texas (O.P.R.R.P.M.C.);
         THENCE WESTERLY approximately 3,351 feet, more or less, with
  and adjoining a northerly line of said Earle T. McCants and Edward
  W. McCants tract to the southwest corner of the herein described
  tract, also being a northerly interior corner of said McCants
  tract;
         THENCE NORTHERLY at approximately 918.7 feet, passing a
  northerly corner of said Earle T. McCants and Edward W. McCants
  tract, and continuing a total distance of 1,989 feet, more or less,
  to the northwest corner of the herein described tract;
         THENCE EASTERLY approximately 1,425 feet, more or less, to
  the POINT OF BEGINNING, and containing approximately 105 acres of
  land. This document was prepared under 22 Texas Administrative Code §
  138.95, does not reflect the results of an on the ground survey,
  and is not to be used to convey or establish interests in real
  property except those rights and interests implied or established
  by the creation or reconfiguration of the boundary of the political
  subdivision for which it was prepared.
         TRACT 2:194 Acres
         BEGINNING at a southeast corner of a tract, conveyed to David
  L. and Cathy L. Messecar, as recorded under Clerk's File
  No. 9626214 of the Official Public Records of Real Property
  Montgomery County, Texas (O.P.R.R.P.M.C.), also being the
  southwest corner of an 18.984 acre tract as described under Clerk's
  File No. 2012125424 of the Official Public Records Montgomery
  County, Texas (O.P.R.M.C.), lying in the westerly right-of-way line
  of F.M. 2854;
         THENCE SOUTH 52 degrees 53 minutes 12 seconds EAST,
  approximately 353 feet, more or less, to an easterly corner of the
  herein described tract, lying in a northwesterly line of a 2.9785
  acre tract as defined under Clerk's File No. 2018005218 of the
  O.P.R.M.C.;
         THENCE SOUTHWESTERLY approximately 699 feet, more or less,
  with and adjoining said northwesterly line of the 2.9785 acre
  tract, to a point of curvature and easterly corner of the herein
  described tract;
         THENCE SOUTHERLY approximately 448 feet, more or less, along
  a curve to the left, with and adjoining said northwesterly line of
  the 2.9785 acre tract;
         THENCE SOUTHEASTERLY approximately 154 feet, more or less,
  with and adjoining said northwesterly line of the 2.9785 acre
  tract, and a northerly line of a 123.962 acre tract as recorded
  under Clerk's File No. 2009-017518 of the O.P.R.M.C., to the
  centerline meanders of a tributary ditch of MOUND CREEK, also being
  a northerly corner of said 123.962 acre tract and an easterly corner
  of the herein described tract;
         THENCE SOUTHWESTERLY approximately 2,392 feet, more or less,
  with and adjoining the northerly line of said 123.962 acre tract and
  the centerline meanders of a tributary ditch of MOUND CREEK, to a
  southerly corner of the herein described tract;
         THENCE SOUTHERLY approximately 571 feet, more or less, with
  and adjoining a westerly line of said 123.962 acre tract, to a
  southerly corner of the herein described tract, also being the
  northeast corner of a 3.50 acre tract as defined under Clerk's File
  No. 214046987 of the O.P.R.M.C.;
         THENCE WESTERLY approximately 342 feet, more or less, with
  and adjoining the north line of said 3.50 acre tract, to a southerly
  corner of the herein defined tract;
         THENCE SOUTHWESTERLY approximately 247 feet, more or less,
  with and adjoining a westerly line of said 3.50 acre tract, to a
  southerly of the herein defined tract, lying in a northeasterly
  line of the BN & SF Railroad right-of-way;
         THENCE NORTHWESTERLY approximately 4,144 feet, more or less,
  with and adjoining said northeasterly line of the BN & SF Railroad
  right-of-way, to the northwest corner of the herein described
  tract;
         THENCE NORTH 86 degrees 42 minutes 33 seconds EAST,
  approximately 1,908 feet, more or less, to the northwest corner of a
  216.521 acre tract, as defined under Clerk's File No. 2012125424 of
  the O.P.R.M.C., also being the southwest corner of land conveyed to
  Douglas B. & Carolyn Lee as recorded under Clerk's File
  No. 2014125321 of the O.P.R.M.C., and being a northerly corner of
  the herein described tract;
         THENCE EASTERLY approximately 3,227 feet, more or less, with
  and adjoining the southerly line of said Douglas B. & Carolyn Lee
  tact and a southerly line of said David L. and Cathy L. Messecar
  tract, to the POINT OF BEGINNING, and containing approximately 194
  acres. This document was prepared under 22 Texas Administrative
  Code §138.95, does not reflect the results of an on the ground
  survey, and is not to be used to convey or establish interests in
  real property except those rights and interests implied or
  established by the creation or reconfiguration of the boundary of
  the political subdivision for which it was prepared.
         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)  Section 9058.0306, Special District Local
  Laws Code, as added by Section 1 of this Act, takes effect only if
  this Act receives a two-thirds vote of all the members elected to
  each house.
         (b)  If this Act does not receive a two-thirds vote of all the
  members elected to each house, Subchapter C, Chapter 9058, Special
  District Local Laws Code, as added by Section 1 of this Act, is
  amended by adding Section 9058.0306 to read as follows:
         Sec. 9058.0306.  NO EMINENT DOMAIN POWER. The district may
  not exercise the power of eminent domain.
         (c)  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, 2023.
 
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