H.B. No. 4046

	AN ACT
	relating to the creation of the Montgomery County Municipal Utility
	District No. 104; providing authority to impose taxes and issue
	bonds.
	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 8244 to read as follows:
	CHAPTER 8244. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 104
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 8244.001.  DEFINITIONS. In this chapter:
	(1)  "Board" means the board of directors of the
	district.
	(2)  "Director" means a member of the board.
	(3)  "District" means the Montgomery County Municipal
	Utility District No. 104.
	Sec. 8244.002.  NATURE OF DISTRICT. The district is a
	municipal utility district in Montgomery County created under and
	essential to accomplish the purposes of Section 59, Article XVI,
	Texas Constitution.
	Sec. 8244.003.  CONFIRMATION ELECTION REQUIRED. If the
	creation of the district is not confirmed at a confirmation
	election held under Section 8244.023 before September 1, 2015:
	(1)  the district is dissolved September 1, 2015,
	except that the district shall:
	(A)  pay any debts incurred;
	(B)  transfer to Montgomery County any assets that
	remain after the payment of debts; and
	(C)  maintain the organization of the district
	until all debts are paid and remaining assets are transferred; and
	(2)  this chapter expires September 1, 2016.
	Sec. 8244.004.  FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
	All land and other property included in the district will benefit
	from the improvements and services to be provided by the district.
	(b)  The district is created to accomplish:
	(1)  the purposes of a municipal utility district as
	provided by general law; and
	(2)  to the extent authorized by Section 52, Article
	III, Texas Constitution, the construction, acquisition,
	improvement, maintenance, or operation of arterial or main feeder
	roads or improvements in aid of those roads.
	Sec. 8244.005.  INITIAL DISTRICT TERRITORY. (a)  The
	district is initially composed of the territory described by
	Section 2 of the Act creating this chapter.
	(b)  The boundaries and field notes contained in Section 2 of
	the Act creating 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 or collect an assessment or tax; or
	(4)  legality or operation.
	[Sections 8244.006-8244.020 reserved for expansion]
	SUBCHAPTER A-1.  TEMPORARY PROVISIONS
	Sec. 8244.021.  TEMPORARY DIRECTORS.  (a)  The temporary
	board consists of:
	(1)  Patrick S. Graham;
	(2)  Kyle Rhoden;
	(3)  James H. Ragan;
	(4)  Karen Strong; and
	(5)  Antonio J. Padua.
	(b)  Temporary directors serve until the earlier of:
	(1)  the date initial directors are elected under
	Section 8244.023; or
	(2)  the date this subchapter expires under Section
	8244.025.
	Sec. 8244.022.  ORGANIZATIONAL MEETING OF TEMPORARY
	DIRECTORS. As soon as practicable after all the temporary
	directors have qualified under Section 49.055, Water Code, the
	temporary directors shall meet at a location in the district
	agreeable to a majority of the directors. At the meeting, the
	temporary directors shall elect officers from among the temporary
	directors and conduct any other district business.
	Sec. 8244.023.  CONFIRMATION AND INITIAL DIRECTORS'
	ELECTION. Not later than the second anniversary of the
	organizational meeting held under Section 8244.022, the temporary
	directors shall hold an election to confirm the creation of the
	district and to elect five initial directors as provided by Section
	49.102, Water Code.
	Sec. 8244.024.  INITIAL ELECTED DIRECTORS; TERMS.  Unless
	the initial board otherwise agrees, the directors elected under
	Section 8244.023 shall draw lots to determine which two shall serve
	until the first regularly scheduled election of directors under
	Section 8244.052 and which three shall serve until the second
	regularly scheduled election of directors.
	Sec. 8244.025.  EXPIRATION OF SUBCHAPTER. This subchapter
	expires September 1, 2015.
	[Sections 8244.026-8244.050 reserved for expansion]
	SUBCHAPTER B. BOARD OF DIRECTORS
	Sec. 8244.051.  DIRECTORS; TERMS.  (a)  The district is
	governed by a board of five directors.
	(b)  Except for temporary or initial directors, directors
	serve staggered four-year terms.
	Sec. 8244.052.  ELECTION OF DIRECTORS. On the uniform
	election date in May of each even-numbered year, the appropriate
	number of directors shall be elected.
	[Sections 8244.053-8244.100 reserved for expansion]
	SUBCHAPTER C. POWERS AND DUTIES
	Sec. 8244.101.  MUNICIPAL UTILITY DISTRICT POWERS AND
	DUTIES.  (a)  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.
	(b)  The district has the powers and duties necessary to
	accomplish the purposes for which the district is created.
	Sec. 8244.102.  ROAD PROJECTS.  (a)  To the extent authorized
	by Section 52, Article III, Texas Constitution, the district may
	acquire, construct, or finance a road that meets the criteria or
	requirements for a thoroughfare, arterial, or collector road of the
	county in which the road is located or the municipality in whose
	corporate limits or extraterritorial jurisdiction the road is
	located or improvements in aid of that road.
	(b)  A road project must meet all applicable standards,
	regulations, and ordinances of the municipality or county in whose
	jurisdiction the district is located.
	Sec. 8244.103.  RECREATIONAL FACILITIES; LIMIT ON EMINENT
	DOMAIN POWER. (a) In this section, "recreational facilities" and
	"develop and maintain" have the meanings assigned by Section
	49.462, Water Code.
	(b)  The district may develop and maintain recreational
	facilities.
	(c)  The district may not, for the development or maintenance
	of a recreational facility, acquire by condemnation land, an
	easement, or other property inside or outside the district.
	Sec. 8244.104.  COMPLIANCE WITH MUNICIPAL CONSENT
	ORDINANCES OR RESOLUTIONS. Subject to the limitations of Section
	54.016, Water Code, the district shall comply with all applicable
	requirements of any ordinance or resolution adopted by the
	governing body of the municipality that consents to the creation of
	the district or to the inclusion of lands within the district.
	[Sections 8244.105-8244.150 reserved for expansion]
	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
	Sec. 8244.151.  ELECTIONS REGARDING TAXES OR BONDS. (a)  The
	district may issue, without an election, bonds and other
	obligations secured by revenue or contract payments from any source
	other than ad valorem taxation.
	(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 operation and maintenance tax or
	issue bonds payable from ad valorem taxes.
	Sec. 8244.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
	authorized at an election held under Section 8244.151, 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.
	[Sections 8244.153-8244.200 reserved for expansion]
	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
	Sec.  8244.201.  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, grants, or other district money, or any combination of
	those sources, to pay for any authorized district purpose.
	Sec. 8244.202.  BONDS FOR ROAD PROJECTS.  (a)  The district
	may not issue bonds to finance projects authorized by Section
	8244.102 unless the issuance is approved by a vote of a two-thirds
	majority of the voters of the district voting at an election called
	for that purpose.
	(b)  Bonds or other obligations issued or incurred to finance
	projects authorized by Section 8244.102 may not exceed one-fourth
	of the assessed value of the real property in the district.
	Sec. 8244.203.  BONDS FOR RECREATIONAL FACILITIES. If
	authorized at an election under Section 8244.151, the district may
	issue bonds payable from ad valorem taxes to pay for the development
	and maintenance of recreational facilities.
	Sec. 8244.204.  TAXES FOR BONDS. At the time bonds payable
	wholly or partly from ad valorem taxes are issued:
	(1)  the board shall impose a continuing direct annual
	ad valorem tax, without limit as to rate or amount, for each year
	that all or part of the bonds are outstanding; and
	(2)  the district annually shall impose an ad valorem
	tax on all taxable property in the district in an amount sufficient
	to:
	(A)  pay the interest on the bonds as the interest
	becomes due;
	(B)  create a sinking fund for the payment of the
	principal of the bonds when due or the redemption price at any
	earlier required redemption date; and
	(C)  pay the expenses of imposing the taxes.
	SECTION 2.  The Montgomery County Municipal Utility District
	No. 104 initially includes all the territory contained in the
	following area:
	All that certain 1,073.141 acre (46,746,003 square feet) parcel of
	land situated in the Joseph A. Parker Survey, Abstract Number 418,
	in Montgomery County, Texas, and being out of and a portion of that
	certain call 1,554.570 acre tract described in a Warranty Deed to
	Pacific Indio Properties, Inc. in Clerk's File Number 2006-013955
	of the Official Public Records of Real Property at Montgomery
	County, Texas (O.P.R.R.P.M.C.T.), out of and a portion of that
	certain call 877.775 acre tract described in a Warranty Deed to
	Pacific Indio Properties, Inc. recorded in Clerk's File Number
	2005-116796 of the O.P.R.R.P.M.C.T., out of and a portion of that
	certain call 2,086.441 acre tract described in a Warranty Deed to
	Pacific Indio Properties, Inc. recorded in Clerk's File Number
	2005-116793 of the O.P.R.R.P.M.C.T., and a portion of that certain
	call 435.784 acre tract described in a Warranty Deed to Pacific
	Indio Properties, Inc. recorded in Clerk's File Number 2005-116798
	of the O.P.R.R.P.M.C.T., said 1,073.141 acre tract being more
	particularly described by metes and bounds as follows: (All
	bearings are referenced to the Texas State Plane Coordinate System,
	South Central Zone)
	BEGINNING at a 5/8 inch iron rod with plastic cap stamped "D L HARDY
	RPLS 4847" found for the northwest corner of that certain call 640.6
	acre tract described in a Warranty Deed with Reservation of
	Minerals to J.R. Development, Inc., in Clerk's File Number
	2002-062840 of the O.P.R.R.P.M.C.T., an interior corner of said
	1,554.570 acre tract, and the upper northeast corner of the herein
	described tract;
	THENCE, with the westerly line of said 640.6 acre tract and the
	upper easterly line of the herein described tract, South 39 Degrees
	21 Minutes 37 Seconds East, at 2,869.24 feet pass a 5/8 inch iron
	rod with plastic cap stamped "BENCHMARK ENGR." found for the lower
	southeast corner of said 1,554.570 acre tract and the northeast
	corner of said 877.775 acre tract, and continue, in all, a distance
	of 7,047.32 feet to a 5/8 inch iron rod with plastic cap stamped "D L
	HARDY RPLS 4847" found in the northerly line of said 435.784 acre
	tract for the southeast corner of said 877.775 acre tract, the
	southwest corner of said 640.6 acre tract and an interior corner of
	the herein described tract;
	THENCE, with the northerly line of said 435.784 acre tract, the
	southerly line of said 640.6 acre tract, and the lower northerly
	line of the herein described tract, North 56 Degrees 46 Minutes 11
	Seconds East, at 2,138.38 feet pass a 5/8 inch iron rod with plastic
	cap stamped "DL HARDY RPLS 4847" found for reference, and continue,
	in all, a distance of 3,476.46 feet to a point on the west bank of
	the West Fork of the San Jacinto River for the southeast corner of
	said 640.6 acre tract and the lower northeast corner of the herein
	described tract;
	THENCE, with the meanders of the west bank of the West Fork of the
	San Jacinto River, the following thirty-nine (39) courses:
	1)  South 13 Degrees 38 Minutes 59 Seconds East, a distance
	of 89.80 feet;
	2)  South 13 Degrees 32 Minutes 44 Seconds East, a distance
	of 73.39 feet;
	3)  South 10 Degrees 02 Minutes 02 Seconds East, a distance
	of 86.13 feet;
	4)  South 19 Degrees 38 Minutes 25 Seconds East, a distance
	of 116.02 feet;
	5)  South 23 Degrees 30 Minutes 13 Seconds East, a distance
	of 146.03 feet;
	6)  South 15 Degrees 38 Minutes 58 Seconds East, a distance
	of 136.96 feet;
	7)  South 24 Degrees 20 Minutes 58 Seconds East, a distance
	of 150.85 feet;
	8)  South 22 Degrees 37 Minutes 55 Seconds East, a distance
	of 128.90 feet;
	9)  South 15 Degrees 49 Minutes 40 Seconds East, a distance
	of 87.81 feet;
	10)  South 30 Degrees 09 Minutes 40 Seconds East, a distance
	of 109.62 feet;
	11)  South 35 Degrees 54 Minutes 03 Seconds East, a distance
	of 102.44 feet;
	12)  South 38 Degrees 48 Minutes 09 Seconds East, a distance
	of 177.26 feet;
	13)  South 55 Degrees 14 Minutes 59 Seconds East, a distance
	of 23.28 feet;
	14)  South 27 Degrees 42 Minutes 03 Seconds East, a distance
	of 174.50 feet;
	15)  South 37 Degrees 57 Minutes 28 Seconds East, a distance
	of 108.37 feet;
	16)  South 27 Degrees 51 Minutes 40 Seconds East, a distance
	of 165.56 feet;
	17)  South 28 Degrees 21 Minutes 03 Seconds East, a distance
	of 135.03 feet;
	18)  South 32 Degrees 22 Minutes 27 Seconds East, a distance
	of 99.58 feet;
	19)  South 32 Degrees 48 Minutes 53 Seconds East, a distance
	of 118.70 feet;
	20)  South 28 Degrees 23 Minutes 15 Seconds East, a distance
	of 122.61 feet;
	21)  South 32 Degrees 48 Minutes 13 Seconds East, a distance
	of 182.03 feet;
	22)  South 20 Degrees 43 Minutes 07 Seconds East, a distance
	of 282.19 feet;
	23)  South 23 Degrees 57 Minutes 25 Seconds East, a distance
	of 142.25 feet;
	24)  South 16 Degrees 46 Minutes 29 Seconds East, a distance
	of 33.05 feet;
	25)  South 27 Degrees 13 Minutes 15 Seconds East, a distance
	of 196.21 feet;
	26)  South 19 Degrees 56 Minutes 37 Seconds East, a distance
	of 183.86 feet;
	27)  South 13 Degrees 11 Minutes 52 Seconds East, a distance
	of 153.22 feet;
	28)  South 09 Degrees 41 Minutes 40 Seconds East, a distance
	of 260.31 feet;
	29)  South 06 Degrees 50 Minutes 01 Second East, a distance
	of 162.09 feet;
	30)  South 00 Degrees 28 Minutes 13 Seconds West, a distance
	of 132.99 feet;
	31)  South 00 Degrees 43 Minutes 13 Seconds West, a distance
	of 113.42 feet;
	32)  South 01 Degree 59 Minutes 50 Seconds West, a distance
	of 103.52 feet;
	33)  South 03 Degrees 45 Minutes 11 Seconds East, a distance
	of 161.50 feet;
	34)  South 05 Degrees 34 Minutes 20 Seconds East, a distance
	of 341.01 feet;
	35)  South 08 Degrees 06 Minutes 09 Seconds East, a distance
	of 187.31 feet;
	36)  South 06 Degrees 24 Minutes 24 Seconds East, a distance
	of 169.09 feet;
	37)  South 04 Degrees 10 Minutes 27 Seconds East, a distance
	of 161.63 feet;
	38)  South 13 Degrees 04 Minutes 38 Seconds East, a distance
	of 155.01 feet;
	39)  South 18 Degrees 47 Minutes 13 Seconds East, a distance
	of 84.80 feet to the intersection of the west bank of the West Fork
	of the San Jacinto River with the northerly line of a proposed 100
	foot wide right-of-way (R.O.W.);
	THENCE, through and across said 2,086.441 acre tract, said 435.784
	acre tract and said 877.775 acre tract, respectively, and with the
	northerly and easterly R.O.W. lines of said proposed 100 foot wide
	R.OW., the following five (5) courses:
	1)  South 77 Degrees 00 Minutes 42 Seconds West, a distance
	of 2,577.67 feet to the beginning of a curve to the right;
	2)  2,777.76 feet along the arc of said curve to the right
	having a radius of 2,950.00 feet, a central angle of 53 Degrees 57
	Minutes 52 Seconds, and a chord that bears North 76 Degrees 00
	Minutes 47 Seconds West, a distance of 2,676.27 feet;
	3)  North 49 Degrees 02 Minutes 17 Seconds West, a distance
	of 2,696.36 feet to the beginning of a curve to the left;
	4)  2,143.90 feet along the arc of said curve to the left
	having a radius of 3,050.00 feet, a central angle of 40 Degrees 16
	Minutes 27 Seconds, and a chord that bears North 69 Degrees 10
	Minutes 30 Seconds West, a distance of 2,100.03 feet;
	5)  North 89 Degrees 18 Minutes 44 Seconds West, a distance
	of 116.49 feet to the intersection of the northerly line of said
	proposed 100 foot wide R.O.W. with the easterly R.O.W. line of
	proposed Townsen Road (100 foot wide) for an exterior corner of the
	herein described tract;
	THENCE, continuing through and across said 877.775 acre tract and
	said 1,554.570 acre tract, respectively, and with the easterly
	R.O.W. line of said proposed Towsen Road, the following four (4)
	courses:
	1)  North 00 Degrees 41 Minutes 16 Seconds East, a distance
	of 392.57 feet to the beginning of a curve to the left;
	2)  2,445.61 feet along the arc of said curve to the left
	having a radius of 3,050.00 feet, a central angle of 45 Degrees 56
	Minutes 31 Seconds, and a chord that bears North 22 Degrees 17
	Minutes 00 Seconds West, a distance of 2,380.62 feet;
	3)  North 45 Degrees 15 Minutes 15 Seconds West, a distance
	of 1,595.17 feet to the beginning of a curve to the right;
	4)  783.10 feet along the arc of said curve to the right
	having a radius of 1,950.00 feet, a central angle of 23 Degrees 00
	Minutes 34 Seconds, and a chord that bears North 33 Degrees 44
	Minutes 58 Seconds West, a distance of 777.85 feet to the northwest
	corner of the herein described tract;
	THENCE, continuing through and across said 1,554.570 acre tract and
	with the northerly line of the herein described tract, the
	following five (5) courses:
	1)  North 76 Degrees 01 Minute 00 Seconds East, a distance of
	404.61 feet;
	2)  North 43 Degrees 22 Minutes 37 Seconds East, a distance
	of 243.84 feet;
	3)  North 29 Degrees 19 Minutes 18 Seconds East, a distance
	of 643.72 feet;
	4)  North 68 Degrees 19 Minutes 38 Seconds East, a distance
	of 879.85 feet;
	5)  North 56 Degrees 12 Minutes 55 Seconds East, a distance
	of 1,094.52 feet to the POINT OF BEGINNING and containing 1,073.141
	acres (46,746,003 square feet) 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.  The legislature finds that:
	(1)  the Montgomery County Municipal Utility District
	No. 104, as created by Chapter 8244, Special District Local Laws
	Code, as added by this Act, is not officially created until
	confirmed by a majority of the voters of the district voting at an
	election held for that purpose;
	(2)  securing the consent of political subdivisions to
	the creation of the district before the introduction or passage of
	this Act may be impractical because of the uncertainties of the
	legislative process; and
	(3)  the constitutional requirement for the district's
	compliance with the provisions of the general laws relating to the
	consent of political subdivisions to the creation of the district
	and the inclusion of land within the district is satisfied if that
	consent is secured before the date and hour of canvassing the
	returns and declaring the results of the confirmation election.
	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, 2007.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 4046 was passed by the House on May 9,
	2007, by the following vote:  Yeas 144, Nays 0, 2 present, not
	voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 4046 was passed by the Senate on May
	23, 2007, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor