Bill Text: TX SB2164 | 2021-2022 | 87th Legislature | Enrolled

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Bill Title: Relating to the creation of the Montgomery County Municipal Utility District No. 201; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2021-05-30 - Effective immediately [SB2164 Detail]

Download: Texas-2021-SB2164-Enrolled.html

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S.B. No. 2164

AN ACT
relating to the creation of the Montgomery County Municipal Utility
District No. 201; 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 8019 to read as follows:
CHAPTER 8019. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO.
201
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8019.0101. 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. 201.
Sec. 8019.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 8019.0103. 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. 8019.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
8019.0103 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. 8019.0105. 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. 8019.0106. 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. 8019.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 8019.0202, directors
serve staggered four-year terms.
Sec. 8019.0202. TEMPORARY DIRECTORS. (a) The temporary
board consists of:
(1) Rose Ann Hancock;
(2) Kimberly Newman;
(3) Morgan L. Horvitz;
(4) Gigi Zientek; and
(5) Michelle McCormick.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8019.0103; 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 8019.0103 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 8019.0103; 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. 8019.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 8019.0302. 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. 8019.0303. 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. 8019.0304. 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. 8019.0305. 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.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 8019.0401. 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 8019.0403.
(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. 8019.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 8019.0401, 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. 8019.0403. 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. 8019.0501. 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. 8019.0502. 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. 8019.0503. 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. 201 initially includes all the territory contained in the
following area:
TRACT I:
Being 104.5 acres of land located in the Ebenezer R. Hale
Survey, Abstract 264, Montgomery County, Texas, more particularly
being all of that certain called 104.52 acre tract described in deed
to Anthony Comer and Nichole Comer by an instrument of record under
Document Number 2012093908 in the Official Public Records of
Montgomery County, Texas (O.P.R.M.C.), said 104.5 acres being more
particularly described by metes and bounds as follows, all bearings
referenced to the Texas State Plane Coordinate System, South
Central Zone, NAD 83 (2010 EPOCH);
BEGINNING at a 1/2" iron rod found for a southeasterly corner
of said 104.52 acre tract, common to an east corner of Logtowne, a
subdivision of record in Cabinet E, Sheet 56-B, Plat Records of said
Montgomery County, Texas (P.R.M.C.) in the north right-of-way line
of Hardin Store Road (no deed of record found, 50' R.O.W. as shown
per Document Number 2013092954 O.P.R.M.C.);
Thence, South 86° 56' 39" West (called South 89° 34' 07" West -
722.41'), along the south line of said 104.52 acre tract, common to
a north line of said Logtowne, at 263.29 feet passing a 5/8" iron
rod found for the northeast corner of Lot 6, Block 1 of said
Logtowne, continuing for a total distance of 722.41 feet to the
southwest corner of said 104.52 acre tract, common to an angle
corner of said Logtowne;
Thence, North 02° 40' 07" West (called North 00° 03' 36" West -
2736.02'), along the west line of said 104.52 acre tract, common to
an east line of said Logtowne, the east line of a called 11.493 acre
tract described as Tract I, described in deed to James A. Kelly, a
married man and Sandra M. Kelly, his wife by an instrument of record
under Document Number 9427115, O.P.R.M.C., and the east line of a
called 3.325 acre tract described as Tract II, described in deed to
Rocio Rincon and husband Lucio M. Rincon by an instrument of record
under Document Number 2006065456, O.P.R.M.C., at 221.70 feet
passing the southeast corner of Lot 18, common to the northeast
corner of Lot 12 of Block 4 of said Logtowne, from which a 5/8" iron
rod found bears South 87° 19' 53" West - 0.70 feet, at 1898.16 feet
passing a 3/4" iron pipe found for the northeast corner of said
Logtowne common to the southeast corner of said 11.493 acre tract
which bears South 87° 19' 53" West - 1.73 feet, at 2384.62 feet
passing a 3/4" iron pipe found for the northeast corner of said
11.493 acre tract, common to the southeast corner of said 3.325 acre
tract, continuing for a total distance of 2736.25 feet, to a 1/2"
iron rod found for the northeast corner of said 3.325 acre tract
common to the southeast corner of Britwood Estates, a subdivision
of record in Cabinet L, Sheet 119, P.R.M.C.;
Thence, North 02° 31' 44" West (called North 00° 06' 02" East -
1631.62'), continuing along the west line of said 104.52 acre
tract, common to the east line of said Britwood Estates, at 876.59
feet passing a 3/4" iron rod with cap stamped "HUFFMAN RPLS 1882",
continuing for a total distance of 1632.08 feet to a 5/8" iron rod
with cap stamped "EIG SURVEYING CO." found for the northeast corner
of said Britwood Estates, common to the northwest corner of said
104.52 acre tract, in the south line of a called 7.4654 acre tract
described in deed to Julissa Gonzalez and David Gonzalez, husband
and wife by an instrument of record under Document Number
2015115963, O.P.R.M.C.;
Thence, North 87° 24' 45" East (called South 89° 57' 51" East -
1043.28'), along the north line of said 104.52 acre tract, common to
the south line of said 7.4654 acre tract and the south line of a
called 24.944 acre tract described in deed to Michael Lawrence
Johnson by an instrument of record under Document Number
2011064873, O.P.R.M.C., at 318.91 feet passing the southeast corner
of said 7.4654 acre tract, from which a 5/8" iron rod with cap
stamped "EIG SURVEYING CO" bears North 02° 35' 15" West - 0.79 feet,
at 324.02 feet passing a found 1" iron pipe, which bears North 02°
35' 15" West - 0.89 feet, at 548.76 feet passing the southwest
corner of said 24.944 acre tract from which a 5/8" iron rod bears
South 02° 35' 15" East - 0.88 feet, continuing for a total distance
of 1044.43 feet to a 5/8" iron rod with cap stamped "LJA ENG" set for
the northeast corner of said 104.52 acre tract, common to the
southeast corner of said 24.944 acre tract, in the west line of Lot
4 of Rimwick Forest, Section 1, unrecorded subdivision, same being
a called 1.7759 acre tract described in deed to Harold F. Taylor by
an instrument of record under Document Number 2014118415,
O.P.R.M.C.;
Thence, South 03° 46' 24" East (called South 01° 13' 17" West -
1050.04'), along the east line of said 104.52 acre tract, the west
line of said Lot 4 of Rimwick Forest, Section 1, the west line of Lot
3 of Rimwick Forest, Section 1, unrecorded subdivision, same being
a called 1.859 acre tract described in deed Jo E. Shaw, Jr. by an
instrument of record under Document Number 8848911, O.P.R.M.C., the
west line of Lot 2 of Rimwick Forest, Section 1, unrecorded
subdivision, same being a called 2.444 acre tract described as
Tract 2 in deed to Scott Cobell and Charla Cobell Husband and wife
by an instrument of record under Document Number 2014045874,
O.P.R.M.C., and the west line of Tract Ten of Post Oak Forest,
unrecorded subdivision, same being a called 2.5062 acre tract
described in deed to Charles B. Stella, Jr. by an instrument of
record under Document Number 8914750, O.P.R.M.C., at 52.10 feet
passing a 1/2" iron rod found for the southwest corner of said
1.7759 acre tract, common to the northwest corner of said 1.859 acre
tract, at 328.28 feet passing the southwest corner of said 1.859
acre tract, common to the northwest corner of said 2.444 acre tract
from which a concrete monument bears South 86° 13' 36" West - 1.31
feet, continuing for a total distance of 1050.53 feet to a 5/8" iron
rod found for the southwest corner of said Tract Ten, common to the
northwest corner of Lot 11 of Post Oak Forest, unrecorded
subdivision, same being a called 0.91 acre tract described in deed
to Richard Gonzales, Jr. and Kalli Gonzalez by an instrument of
record under Document Number 201703455, O.P.R.M.C.;
Thence, South 03° 33' 29" East (called South 00° 55' 07" East -
969.39'), continuing along the east line of said 104.52 acre tract,
common to the west line of said Lot 11 of Post Oak Forest, the west
line of Tract 12 of Post Oak Forest, unrecorded subdivision, same
being a called 1.0329 acre tract described in deed to Richard
Gonzales, Jr. and Kalli Gonzalez by an instrument of record under
Document Number 2012058503, O.P.R.M.C., the west line of Tract 13
of Post Oak Forest, unrecorded subdivision, same being a called
1.0329 acre tract described in deed to Ralph W. Gates, Jr. and Audry
Giles Gates by an instrument of record under Document Number
2000-076555, O.P.R.M.C., the west line of Lot 14 of Post Oak Forest,
unrecorded subdivision, same being a called 1.02 acre tract
described in deed to Wendy J. De Four by an instrument of record
under Document Number 2017036615, O.P.R.M.C., and the west line of
a called 1.0206 acre tract described in deed to James Patterson and
Kimberly Patterson by an instrument of record under Document Number
2002099246, O.P.R.M.C., at 179.91 feet passing a 1/2" iron rod with
cap stamped "RPLS 4789" found for the southwest corner of Lot 11,
common to the northwest corner of Tract 12, at 359.66 feet passing a
5/8" iron rod inside a PVC pipe found for the southwest corner of
said Tract 12 and the northwest corner of said Tract 13, at 539.72
feet passing a 5/8" iron rod found for the southwest corner of said
Tract 13, common to the northwest corner of said Lot 14, at 689.37
feet passing a found 5/8" iron rod which bears South 86° 26' 31" West
- 0.71 feet, continuing for a total distance of 969.25 feet to a
concrete monument found for the southwest corner of said 1.0206
acre tract and the northwest corner of a called 2.129 acre tract
described in deed to Lawrence E. Fogarty, III by an instrument of
record under Document Number 2014096065, O.P.R.M.C.;
Thence, South 02° 43' 13" West (called South 05° 18' 32" West -
413.66'), continuing along the east line of said 104.52 acre tract,
common to the west line of the said 2.129 acre tract, the west line
of a called 2.586 acre tract described in deed to Anthony Comer and
Nichole Comer by an instrument of record under Document Number
2012069670, O.P.R.M.C., at 302.47 feet passing a 5/8" iron rod with
cap stamped "KING 4503" found for the southwest corner of said 2.179
acre tract common to the northwest corner of said 2.586 acre tract,
continuing for a total distance of 413.66 feet to a 5/8" iron rod
with cap stamped "LJA ENG" set for the southwest corner of said
2.586 acre tract, common to the northwest corner of a called 1.160
acre tract described in deed to Jeffery Richard Ryfa by an
instrument of record under Document Number 9832631, O.P.R.M.C.;
Thence, South 02° 18' 58" East (called South 00° 17' 29" West -
1643.03'), continuing along the east line of said 104.52 acre
tract, common to the west line of said 1.160 acre tract, the west
line of a called 5.42 acre tract described in deed to Phillip L.
Hybner, Jr. and wife, Terri L. Hybner by an instrument of record
under Document Number 9138200, O.P.R.M.C., and the west line of a
called 2.5910 acre tract described in deed to Shannon Ray Gehring by
an instrument of record under Document Number 20130929545,
O.P.R.M.C., at 484.89 passing a found 1 1/4" iron pipe which bears
North 87° 41' 02" East - 2.87 feet, continuing for a total distance
of 1643.21 feet to a 3/4" iron pipe found for the southeast corner
of said 104.52 acre tract in the aforesaid north right-of-way line
of Hardin Store Road;
Thence, South 44° 42' 22" West, 424.52 feet (called South 47°
20' 53" West - 424.55') along the southeast line of said 104.52 acre
tract, common to said north right-of-way line to the POINT OF
BEGINNING and containing 104.5 acres of land.
TRACT II:
Being 0.4591 acre of land located in the Bartley Mury Survey,
Abstract 343, Montgomery County, Texas, more particularly being a
portion of that certain called 2.586 acre tract described in deed to
Anthony Comer and Nichole Comer by an instrument of record under
Document Number 2012069670, in the Official Public Records of
Montgomery County, Texas (O.P.R.M.C.), said 0.4591 acres being more
particularly described by metes and bounds as follows, all bearings
referenced to the Texas Coordinate System, South Central Zone, NAD
83 (2010 EPOCH);
BEGINNING at a 5/8" iron rod with cap stamped "LJA ENG"
previously set for the southwest corner of said 2.586 acre tract,
common to the northwest corner of that certain called 1.160 acre
tract described in deed to Jeffery Richard Ryfa by an instrument of
record under Document Number 9832631, O.P.R.M.C. and the northwest
corner of Hughes Lane (called 40 feet wide) described as a
right-of-way and easement for road purposes in Volume 545, Page 428
in the Deed Records of said Montgomery County, Texas (D.R.M.C.), in
the east line of that certain called 104.52 acre tract described in
deed to Anthony Comer and Nichole Comer by an instrument of record
under Document Number 2012093908, O.P.R.M.C.;
Thence, North 02° 43' 13" East (called North 04° 52' 00" East),
along the west line of said 2.586 acre tract, common to the east
line of said 104.52 acre tract, 111.25 feet to a 5/8" iron rod with
cap stamped "KING 4503" found for the most westerly southwest
corner of that certain called 2.129 acre tract described in deed to
Lawrence E. Fogarty, III by an instrument of record under Document
Number 2014096065, O.P.R.M.C.;
Thence, North 87° 36' 06" East (called South 89° 48' 19" East),
along the south line of said 2.129 acre tract, 77.50 feet to a 5/8"
iron rod with cap stamped "KING 4503" found for the beginning of a
non-tangent curve;
Thence, continuing along the south line of said 2.129 acre
tract, 185.86 feet (called 185.77 feet) along the arc of a
non-tangent curve to the right, having a radius of 134.40 feet, a
central angle of 79° 14' 04", and a chord which bears South 52° 04'
54" East (called South 49° 30' 29" East), 171.40 feet (called 171.33
feet) to a 5/8" iron rod with cap stamped "KING 4503" found for a
south corner of said 2.129 acre tract, in the north line of that
certain called 2.000 acre tract described in deed to Frank M. Hicks
by an instrument of record under Document Number 2008064981,
O.P.R.M.C. and the north line of the aforementioned Hughes Lane;
Thence, South 87° 37' 36" West (called South 89° 44' 55" West),
along the south line of said 2.586 acre tract, common to the north
line of said 2.000 acre tract, the north line of that certain called
1.069 acre tract described in deed to Alan Martinez and Erica
Martinez by an instrument of record under Document Number
2016000207, O.P.R.M.C., the north line of the aforesaid 1.160 acre
tract, and the north line of said Hughes Lane, passing at a distance
of 113.70 feet the common north corner of said 1.069 acre tract and
said 1.160 acre tract, from which a found 5/8" iron rod bears, South
02° 45' 39" East, 0.44 feet, continuing for a total distance of
218.12 feet to the POINT OF BEGINNING and containing 0.4591 acre 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
8019, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 8019.0306 to read as follows:
Sec. 8019.0306. 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, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 2164 passed the Senate on
April 29, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 2164 passed the House on
May 14, 2021, by the following vote: Yeas 105, Nays 40, two
present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor