Bill Text: TX SB2002 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: Relating to the powers and duties of the Montgomery County Municipal Utility District No. 111 and to the creation of the F.M. 2920/Becker Road Municipal Utility District of Harris County; granting a limited power of eminent domain; providing authority to issue bonds and impose fees, assessments, and taxes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Enrolled - Dead) 2015-06-19 - Effective immediately [SB2002 Detail]

Download: Texas-2015-SB2002-Enrolled.html

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S.B. No. 2002

relating to the powers and duties of the Montgomery County
Municipal Utility District No. 111 and to the creation of the F.M.
2920/Becker Road Municipal Utility District of Harris County;
granting a limited power of eminent domain; providing authority to
issue bonds and impose fees, assessments, 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 8390 to read as follows:
CHAPTER 8390. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 111
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8390.001. DEFINITION. In this chapter, "district"
means the Montgomery County Municipal Utility District No. 111.
Sec. 8390.002. NATURE AND PURPOSES OF DISTRICT. (a) The
district is a municipal utility district created under Section 59,
Article XVI, Texas Constitution.
(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.
SUBCHAPTER B. POWERS AND DUTIES
Sec. 8390.051. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8390.052. 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. 8390.053. 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. 8390.054. 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.
SUBCHAPTER C. BONDS AND OTHER OBLIGATIONS
Sec. 8390.101. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS FOR ROAD PROJECTS. (a) 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 a
road project authorized by Section 8390.053.
(b) 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.
(c) 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. 8390.102. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
district 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.
SECTION 2. The Montgomery County Municipal Utility District
No. 111 retains all rights, powers, privileges, authority, duties,
and functions that it had before the effective date of this Act.
SECTION 3. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7950 to read as follows:
CHAPTER 7950. F.M. 2920/BECKER ROAD MUNICIPAL UTILITY DISTRICT OF
HARRIS COUNTY
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7950.001. 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 F.M. 2920/Becker Road
Municipal Utility District of Harris County.
Sec. 7950.002. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7950.003. 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. 7950.004. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section 7950.003
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. 7950.005. 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. 7950.006. 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. 7950.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7950.052, directors serve
staggered four-year terms.
Sec. 7950.052. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Brian Toldan;
(2) Elva Composto;
(3) Hudson Kennedy;
(4) Josh Rambo; and
(5) Michael Others.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7950.003; 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 7950.003 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 7950.003; 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. 7950.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7950.102. 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. 7950.103. 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. 7950.104. 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. 7950.105. 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. 7950.151. 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 7950.153.
(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. 7950.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7950.151, 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. 7950.153. 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. 7950.201. 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. 7950.202. 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. 7950.203. 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 F.M. 2920/Becker Road Municipal Utility
District of Harris County initially includes all the territory
contained in the following area:
FIELD NOTES FOR A 143.175 ACRE TRACT BEING THE RESIDUE OF THE SAME
TRACT THAT IS DESCRIBED AS 145.507 ACRES IN THE DEED RECORDED IN
HARRIS COUNTY CLERK'S FILE NO. L295708 (SAVE AND EXCEPT A 2.381 ACRE
TRACT CONVEYED OUT IN THE DEED RECORDED IN CLERK'S FILE
No. 2012449130), AND BEING LOCATED IN THE HARRIS COUNTY SCHOOL
LANDS, SECTION 29, ABSTRACT 333, HARRIS COUNTY, TEXAS.
BEGINNING: At a concrete monument found for the Northeast corner
of this 143.175 acre tract (and the above described 145.507 acre
tract) as located at the intersection of the South line of
Farm-to-Market Road 2920 (100 foot width) with the West
right-of-way line of Becker Road (66 foot width);
THENCE: South 01° 29' 57" East with the West line of Becker Road a
distance of 493.80 feet to a 1/2 inch iron rod found for the
Southeast corner of this 143.175 acre tract and also being the
Northeast corner of an adjoining 5.000 acre tract (Clerk's File
No. T129332);
THENCE: South 88° 10' 30" West a distance of 900.00 feet along
the North line of the 5.000 acre tract to a 2 inch iron pipe found
for the Northwest corner of the 5.000 acre tract and also being an
interior corner of this 143.175 acre tract;
THENCE: South 01° 31' 24" East with the West line of the 5.000
acre tract and a West line of a called 24.287 acre tract (Clerk's
File No. T129332) a distance of 842.21 feet to a 2 inch iron pipe
found for an interior corner of the 24.287 acre tract and also a
lower Southeast corner of this tract;
THENCE: South 88° 12' 00" West at distance of 2300.24 feet with a
North line of the called 24.287 acre tract and a South line of this
143.175 acre tract passing a 2 inch iron pipe found for a Northwest
corner of the called 24.287 acre tract and the Northeast corner of a
2.381 acre tract (Clerk's File No. 2012449130) and continuing on
for a total distance of 2768.46 feet to a 1/2 inch iron rod found for
the Southwest corner of this tract and the Northwest corner of the
2.381 acre tract;
THENCE: North 02° 05' 14" West with the West line of this tract
and the East line of a called 100.00 acre tract (Clerk's File
No. F053682), said 100.00 acre tract has been subdivided into Adams
Plaza Subdivision (unrecorded); a distance of 1998.21 feet to a 1/2
inch iron rod found for the Southwest corner of a 1.000 acre tract
(Clerk's File NO. S770247);
THENCE: North 88° 21' 15" East a distance of 100.00 feet along the
South line of the 1.000 acre tract to a 1/2 inch iron rod found for
the Southeast corner of the 1.000 acre tract and being an interior
corner of this 143.175 acre tract;
THENCE: North 02° 05' 14" West a distance of 435.21 feet along the
East line of the 1.000 acre tract to a 5/8 inch iron road and cap
found for the Northeast corner of the 1.000 acre tract and the
Northwest corner of this 143.175 acre tract, said corner is located
in the South right-of-way line of F.M. 2920;
THENCE: North 88° 21' 15" East a distance of 361.28 feet with the
South line of F.M. 2920 to a concrete monument found for a P.C. of a
curve;
THENCE: Continuing along the South line of F.M. 2920 with a curve
to the right having a radius of 2241.86 feet and a curve length of
1397.11 feet to a concrete monument found at the curve's P.T.; said
curve is subtended by a chord that bears South 73° 50' 17" East a
distance of 1374.61 feet;
THENCE: South 55° 58' 14" East a distance of 394.51 feet along the
South right-of-way line of F.M. 2920 to a concrete monument found
for a P.C. of a curve;
THENCE: Following the South right-of-way line of F.M. 2920 along
a curve to the left having a radius of 2341.86 feet and a curve
length of 1470.77 feet to a concrete monument found for the P.T. of
the curve; said curve is subtended by a chord that bears South 73°
59' 04" East a distance of 1446.72 feet;
THENCE: North 87° 45' 25" East a distance of 221.23 feet along the
South right-of-way line of F.M 2920 to the PLACE OF BEGINNING and
containing 143.175 acres of land.
SECTION 5. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
7950, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7950.106 to read as follows:
Sec. 7950.106. 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 6. (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 7. 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, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2002 passed the Senate on
May 8, 2015, by the following vote: Yeas 30, Nays 1; and that the
Senate concurred in House amendment on May 30, 2015, by the
following vote: Yeas 30, Nays 1.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2002 passed the House, with
amendment, on May 27, 2015, by the following vote: Yeas 144,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor