84R18489 TSR-F
	By: Metcalf	H.B. No. 4128
	Substitute the following for H.B. No. 4128:
	By:  Martinez Fischer	C.S.H.B. No. 4128

	A BILL TO BE ENTITLED
	AN ACT
	relating to the creation of the Montgomery County Municipal Utility
	District No. 147; 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 7907 to read as follows:
	CHAPTER 7907.  MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 147
	SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 7907.001.  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. 147.
	Sec. 7907.002.  NATURE OF DISTRICT.  The district is a
	municipal utility district created under Section 59, Article XVI,
	Texas Constitution.
	Sec. 7907.003.  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. 7907.004.  CONSENT OF MUNICIPALITY REQUIRED. The
	temporary directors may not hold an election under Section 7907.003
	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. 7907.005.  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. 7907.006.  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. 7907.051.  GOVERNING BODY; TERMS.  (a)  The district is
	governed by a board of five elected directors.
	(b)  Except as provided by Section 7907.052, directors serve
	staggered four-year terms.
	Sec. 7907.052.  TEMPORARY DIRECTORS.  (a)  On or after
	September 1, 2015, 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 7907.003; or
	(2)  September 1, 2019.
	(c)  If permanent directors have not been elected under
	Section 7907.003 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 7907.003; 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. 7907.101.  GENERAL POWERS AND DUTIES.  The district has
	the powers and duties necessary to accomplish the purposes for
	which the district is created.
	Sec. 7907.102.  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. 7907.103.  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. 7907.104.  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. 7907.105.  COMPLIANCE WITH MUNICIPAL CONSENT ORDINANCE
	OR RESOLUTION.  (a) 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.
	(b)  Section 54.016(f), Water Code, does not apply to the
	district.
	SUBCHAPTER D.  GENERAL FINANCIAL PROVISIONS
	Sec. 7907.151.  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 7907.153.
	(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.
	(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. 7907.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
	authorized at an election held under Section 7907.151, 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. 7907.153.  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. 7907.201.  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. 7907.202.  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. 7907.203.  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 2.  The Montgomery County Municipal Utility District
	No. 147 initially includes all the territory contained in the
	following area:
	TRACT ONE:
	BEING 75.060 ACRES OF LAND IN THE ROBERT MARSH SURVEY, A-355,
	THE JAMES EDWARDS SURVEY, A-189, MONTGOMERY COUNTY, TEXAS, SAID
	75.060 ACRES BEING OUT OF THE RODRIGUEZ FAMILY TRUST 210.3078 ACRE
	TRACT OF LAND DEED OF WHICH IS RECORDED UNDER COUNTY CLERK'S FILE
	NUMBER 2013-098325, MONTGOMERY COUNTY REAL PROPERTY RECORDS, SAID
	75.060 ACRES BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS:
	BEGINNING at a 5/8" iron rod set for the Northwest corner of
	the herein described tract, same being the Northeast corner of a
	0.1653 acre tract of land described by deed recorded in Volume 1087,
	Page 346, Montgomery County Deed Records, said corner being N. 75°
	03' 44" E., along the North line of the 210.3078 acre tract, the
	South line of the Conroe Venture Ltd; 410.539 acre tract, (Conroe
	Tract 4) deed of which is recorded under County Clerk's File Number
	9149317, Montgomery County Real Property Records a distance of
	746.31 feet from a 3/4" iron pipe found for the Southwest corner of
	the 410.3078 acre tract;
	THENCE N. 75° 03' 44" E., along the above mentioned lines for a
	distance of 3,439.09 feet to a 5/8" iron rod found with a plastic
	cap stamped COC for the Northeast corner of the herein described
	tract, the West corner of the City of Conroe 1.820 acre tract of
	land deed of which is recorded under County Clerk's File Number
	2012-000764, Montgomery County Real Property Records;
	THENCE S. 19° 07' 00" E., along the Southwest line of the said
	1.820 acre tract for a distance of 796.87 feet to a 5/8" iron rod
	found with a plastic cap stamped COC for the South corner of the
	1.820 acre tad, in the North line of La Salle Crossing, (60' Cab. C,
	Sht. 1, M.C.M.R.) and being the Southeast corner of the herein
	described tract;
	THENCE S. 71°07 56" W., along the North line of La Salle
	Crossing for a distance of 25.10 feet to a 5/8" iron rod set for the
	beginning of a curve to the right;
	THENCE in a Southwesterly direction continuing with said
	North line, along said curve to the right having a radius of 270.00
	feet, a central angle of 14° 28' 21", for an are length of 68.20
	feet, chord bears S. 78° 00' 30" W., 68.02 feet to a 5/8" iron rod set
	for the end of curve;
	THENCE S. 85° 32' 49" W., continuing along said North line for
	a distance of 49.93 feet to a 5/8" iron rod found for the beginning
	of a curve to the left;
	THENCE in a Southwesterly direction continuing with said
	North line, along said curve to the left having a radius of 330.00
	feet, a central angle of 18° 20' 28" for an arc length of 105.64
	feet, chord bears S. 76° 09' 01" W., 105.19 feet to a 5/8" iron rod
	found for the end of curve;
	THENCE S. 67° 01' 40" W., along the North line of La Salle
	Crossing for a distance of 1,311.05 feet to a 5/8" iron rod found
	for the beginning of a curve to the right;
	THENCE in a Northwesterly direction continuing with said
	North line, along said curve to the right having a radius of 340.00
	feet, a central angle of 46° 19' 02", an arc length of 274.85 feet,
	chord bears N. 89° 48' 50" W., 267.43 feet to a 5/8" iron rod set for
	the end of curve;
	THENCE N. 66° 39' 20" W., continuing along said North line for
	a distance of 259.28 feet to a 5/8" iron rod set for the most
	Northerly comer of La Salle Crossing;
	THENCE S. 23° 20' 40" W., along the most Westerly line of La
	Salle Crossing, passing at 60.00 feet its most Westerly corner,
	same being the North corner of Lot 1, Block 1, La Salle Crossing,
	and continuing along the Northwest line of Block 1 for a distance of
	538.30 feet to a 5/8" iron rod set for corner, same being a corner of
	the Montgomery County M.U.D. No. 42 391.0643 acre tract of land
	deed of which is recorded in Volume 1142, Page 663, Montgomery
	County Deed Records;
	THENCE S. 45° 15' 00" W., continuing along the Northwest line
	of Block 1 for a distance of 483.21 feet to the most Southerly
	corner of the herein described tract;
	THENCE N. 55° 51' 51" W., crossing said 210.3078 acre tract
	for a distance of 722.37 feet;
	THENCE N. 47° 07' 24" W., continuing across said 210.3078 acre
	tract for a distance of 497.42 feet
	THENCE N. 14° 51' 19" W., at 311.58 feet passing the East comer
	of a 0.1653 acre tract and then along it's Northeast line for a
	distance of 431.19 feet to the POINT OF BEGINNING and containing in
	all 75.060 acres of land.
	TRACT TWO:
	BEING 55.369 ACRES OF LAND IN THE ROBERT MARSH SURVEY, A-355,
	THE JAMES EDWARDS SURVEY, A -189, MONTGOMERY COUNTY, TEXAS SAID
	55.369 ACRES BEING OUT OF THE WESLIE R. MARKS 210.3078 ACRE TRACT OF
	LAND DEED OF WHICH IS RECORDED UNDER COUNTY CLERK'S FILE NUMBER
	9223195, MONTGOMERY COUNTY REAL PROPERTY RECORDS, SAID 55.369 ACRES
	BEING DESCRIBED MORE PARTICULARLY AS FOLLOWS:
	BEGINNING at a 3/4 " iron pipe found for the most Northerly
	corner of the said 210.3078 acre tract, in a South line of the
	Conroe Venture Ltd; 410.539 acre tract of land, ( Conroe Tract 4 )
	deed of which is recorded under County Clerk's File Number 9149317,
	Montgomery County Real Property Records;
	THENCE S. 74° 17' 38" E., along the Northeast line of the said
	210.3078 acre tract, a South line of the said 410.539 acre tract,
	and called to be the North line of the marsh and the South line of
	the James Edwards Survey, A-190 for a distance of 985.33 feet to a
	5/8" iron rod found for the Northeast corner of the herein described
	tract, the Northwest corner of the Pierre G. Mulacek and wife Suzee
	6.00 acre tract of land deed of which is recorded under County
	Clerk's File Number 9554950, Montgomery County Real Properly
	Records, from whence a 1/2" iron rod found for the East corner of
	the 210.3078 acre tract bears S. 74° 17' 38" E., 333.73 feet;
	THENCE S. 17° 24' 18" W., along the West line of the said 6.00
	acre tract for a distance of 548.96 feet to a 5/8" iron rod found for
	corner;
	THENCE S. 06° 15' 16" E., continuing along said West line,
	passing at feet a 5/8" iron rod set for reference and continuing in
	all for a distance of 397.48 feet to the Lower Northeast corner of
	the herein described tract, in the centerline of a creek, same being
	the Westerly line of Willowridge Estates, Section 2, a Subdivision
	map of which is recorded in Cabinet D, Sheet 35B, Montgomery County
	Map Records, same being the Southeast line of the said 210.3078 acre
	tract;
	THENCE in a Southerly direction with said centerline, the
	Westerly line of Willowridge Estates, Section 2, the Westerly line
	of Willowridge Estates, Section 3, ( Cab. D, Sht. 36B, M.C.M.R. ) as
	follows;
	1.  S. 87° 09' 06" W, 85.39 feet,
	2.  S. 44° 02' 00" W., 48.96 feet,
	3.  N. 58° 14' 36" W., 37.43 feet,
	4.  S. 79° 10' 59" W., 27.07 feet,
	5.  S. 27° 14' 07" W.,27.53 feet,
	6.  S. 75° 06' 44" W., 40.89 feet,
	7.  N. 49° 30' 04" W., 31.06 feet,
	8.  S. 07° 50' 39" E., 48.09 feet,
	9.  N. 85° 40' 09" W., 101.99 feet,
	10.  S. 19° 18' 28" E., 70.95 feet,
	11.  S. 77° 49' 55" W., 45.75 feet,
	12.  S. 35° 18' 07" W., 34.72 feet,
	13.  S. 15° 47' 47" W., 46.61 feet,
	14.  S. 47° 04' 22" W., 39.76 feet,
	15.  S. 09° 40' 20" W., 45.88 feet,
	16.  S. 49° 38' 16" W., 52.53 feet,
	17.  S. 76° 03' 48" W., 28.51 feet,
	18.  S. 51° 10' 04" W., 48.90 feet,
	19.  N. 89° 26' 07" W., 44.20 feet,
	20.  S. 31° 31' 38" W., 21.54 feet,
	21,  S. 19° 03' 26" W., 21.26 feet,
	22.  S. 59° 11' 37" W., 40.65 feet,
	23.  S. 74° 10' 41" W., 59.64 feet,
	24.  S. 77° 24' 10" W., 33.56 feet,
	25.  S. 48° 38' 25" W., 43.57 feet,
	26.  S. 15° 44' 03" W., 101.76 feet,
	27.  S. 33° 43' 48" E., 24.11 feet,
	28.  S. 71° 07' 40" W., 47.25 feet,
	29.  S. 08° 48' 43" E., 50.87 feet,
	30.  S. 60° 01' 49" W., 46.58 feet,
	31.  S. 10° 23' 18" W., 60.72 feet,
	32.  S. 38° 01' 09" W., 26.25 feet,
	33.  S. 04° 55' 35" E., 18.79 feet,
	34.  S. 20° 16' 28" W., 46.42 feet,
	35.  S. 45° 15' 26" W., 114.00 feet,
	36.  S. 88° 37' 11" W., 24.76 feet,
	37.  S. 24° 58' 26" W., 49.04 feet,
	38.  S. 27° 36' 23" W., 23.09 feet,
	39.  S. 50° 25' 58" W., 77.59 feet,
	40.  S. 01° 31' 17" E., 158.07 feet to the Southeast corner of
	the 210.3078 acre tract, the Southeast corner of the herein
	described tract;
	THENCE S. 75° 38' 38" W., along the South line of the 210.3078
	acre tract passing at 3.81 feet a 5/8" iron rod found for reference
	and continuing in all for a distance of 94.94 feet to a 5/8" iron rod
	found with a plastic cap stamped COC for the Southeast corner of the
	City of Conroe 1.461 acre tract of land deed of which is recorded
	under County Clerk's File Number 2012-000763, Montgomery County
	Real Property Records;
	THENCE N. 45° 28' 08" W., along the East line of the said 1.461
	acre tract for a distance of 46.96 feet to a 5/8" iron rod found with
	a plastic cap stamped COC for the beginning of a curve to the right;
	THENCE in a Northwesterly direction continuing with the above
	mentioned East line along said curve to the right having a radius of
	87.59 feet, a central angle of 51° 05' 30", for an arc length of
	78.11 feet, chord bears N. 03° 53' 14" W., 75.54 feet to a 5/8" iron
	rod set for the end of curve;
	THENCE N. 22° 49' 06" E,, continuing along said East line for a
	distance of 301.34 feet to a 5/8" iron rod set for the beginning of a
	curve to the left;
	THENCE in a Northwesterly direction continuing with the said
	East line, along said curve to the left having a radius of 420.00
	feet, a central angle of 66° 27' 59", for an arc length of 487.22
	feet, chord bears N. 10 23' 13" W., 460.36 feet to a 5/8" iron rod
	set for the end of curve;
	THENCE N. 43° 35' 28" W., continuing along the said East line
	for a distance of 443.44 feet to a 5/8" iron rod found with a plastic
	cap stamped COC for the beginning of a curve to the right;
	THENCE in a Northwesterly direction continuing with the said
	East line along said curve to the right having a radius of 430.00
	feet, a central angle of 24° 32' 07", for an arc length of 184.14
	feet, chord bears N. 31° 27' 19" W., 182.73 feet to a 5/8" iron rod
	found with a plastic cap stamped COC for the end of curve;
	THENCE N. 19° 07' 00" W., continuing along said East line
	passing at 61.03 feet a 5/8" iron rod found with a plastic cap
	stamped COC for the Northeast corner of the said 1.461 acre tract,
	the East corner of the City of Conroe 1.820 acre tract deed of which
	is recorded under County Clerk's File Number 2012-000764,
	Montgomery County Real Property Records and continuing in all along
	the Easterly line of the 1.820 acre tract for a distance of 849.88
	feet to a 5/8" iron rod set for4 its' North corner, the
	Northwesterly corner of the herein described tract, in the North
	line of the said 210.3078 acre tract, a South line of the said
	410.539 acre tract;
	THENCE N. 75° 03' 44" E., along the above mentioned lines for a
	distance of 1,076.06 feet to the POINT OF BEGINNING and containing
	in all 55.369 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
	7907, Special District Local Laws Code, as added by Section 1 of
	this Act, is amended by adding Section 7907.106 to read as follows:
	Sec. 7907.106.  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 5.  This Act takes effect September 1, 2015.