H.B. No. 1588
 
 
 
 
AN ACT
  relating to the creation of the Montgomery County Municipal Utility
  District No. 133; granting a limited power of eminent domain;
  providing authority to issue bonds; providing authority to impose
  assessments, fees, or 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 8457 to read as follows:
  CHAPTER 8457.  MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 133
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 8457.001.  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. 133.
         Sec. 8457.002.  NATURE OF DISTRICT.  The district is a
  municipal utility district created under Section 59, Article XVI,
  Texas Constitution.
         Sec. 8457.003.  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. 8457.004.  CONSENT OF MUNICIPALITY REQUIRED.  The
  temporary directors may not hold an election under Section 8457.003
  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. 8457.005.  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. 8457.006.  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. 8457.051.  GOVERNING BODY; TERMS.  (a)  The district is
  governed by a board of five elected directors.
         (b)  Except as provided by Section 8457.052, directors serve
  staggered four-year terms.
         Sec. 8457.052.  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 8457.003; 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 8457.003 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 8457.003; 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. 8457.101.  GENERAL POWERS AND DUTIES.  The district has
  the powers and duties necessary to accomplish the purposes for
  which the district is created.
         Sec. 8457.102.  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. 8457.103.  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. 8457.104.  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, zoning and
  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. 8457.105.  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. 8457.151.  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 8457.153.
         (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. 8457.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
  authorized at an election held under Section 8457.151, 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. 8457.153.  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. 8457.201.  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. 8457.202.  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. 8457.203.  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. 133 initially includes all the territory contained in the
  following area:
         BEING 342.842 acres of land located in the Elijah Collard
  Survey, Abstract Number 7 and the Martin P. Clark Survey, Abstract
  Number 148, Montgomery County, Texas being all of the Foster
  Collard Tract Area 1, all of the Foster Collard Tract Area 2, all of
  the Foster Collard Tract Area 3 and a part of the Foster Clark Tract
  described in the Development Agreement of record under File Number
  2010019564 in the Official Public Records of Montgomery County,
  Texas (M.C.O.P.R.), said 342.842 acres being more particularly
  described by metes and bounds (in three parts) as follows, all
  bearings are referenced to the Silver City Colored Subdivision, a
  subdivision of record in Volume 5, Page 7 of the Map Records of
  Montgomery County, Texas (M.C.M.R.):
         TRACT ONE - 20.64 ACRES
         BEGINNING at the northwest corner of said Foster Collard
  Tract Area 1, same being the northwest corner of the herein
  described tract;
         Thence, South 75° 00' 00" East, along the north line of said
  Foster Collard Tract Area 1, 2,064.36 feet to a point for the
  northeast corner of the herein described tract, same being the
  northeast corner of said Foster Collard Tract Area 1 on the west
  line of Longmire Road;
         Thence, South 10° 40' 00" West, along said west line, 433.33
  feet to a point for the southeast corner of the herein described
  tract, same being the southeast corner of said Foster Collard Tract
  Area 1 on the north line of League Line Road;
         Thence, North 75° 00' 00" West, along said north line,
  2,097.10 feet to a point for the southwest corner of the herein
  described tract, same being the southwest corner of said Foster
  Collard Tract Area 1;
         Thence, North 15° 00' 00" East, along the west line of said
  Foster Collard Tract Area 1, 432.09 feet to the POINT OF BEGINNING
  and containing 20.640 acres of land.
         TRACT TWO - 297.286 ACRES
         BEGINNING at the northwest corner of the aforementioned
  Foster Collard Tract Area 2, same being the northwest corner of the
  herein described tract on the east line of Longmire Road;
         Thence, South 75° 00' 00" East, along the north line of said
  Foster Collard Tract Area 2, 2,145.72 feet to a point for the
  northeast corner of said Foster Collard Tract Area 2 on the west
  line of the aforementioned Foster Clark Tract, same being the
  common survey line between the aforementioned Collard and Clark
  Surveys;
         Thence, North 15° 00' 00" East, along said west line and said
  common line, 4,616.66 feet to a point for the northwest corner of
  the herein described tract;
         Thence, over and across said Foster Clark Tract the following
  for (4) courses;
         1)  South 76° 33' 47" East, 842.01 feet to a point for corner,
  the beginning of a non-tangent curve to the right;
         2)  Along the arc of said curve to the right having a radius
  of 500.00 feet, a central angle of 31° 45' 29", an arc length of
  277.14 feet and a chord that bears South 61° 27' 52" East, 273.61
  feet to a point for corner at the end of said curve;
         3)  North 50° 44' 32" East, 880.76 feet to a point for corner;
         4)  South 27° 18' 48" East, 2,162.16 feet to a point for the
  northeast corner of the herein described tract on an east line of
  the aforementioned Foster Clark Tract, same being the west line of
  the Final Plat of Teas Lakes Section Four, a subdivision of record
  in Cabinet Y, Sheet 180-181, M.C.M.R.;
         Thence, South 10° 00' 00" West, along said east line, said
  west line and the west line of the Final Plat of Teas Lakes Section
  Three, a subdivision of record in Cabinet W, Sheet 188-189,
  M.C.M.R., 2,116.14 feet to a point for corner;
         Thence, North 75° 00' 00" West, continuing along said east
  line 1,797.56 feet to a point for corner;
         Thence, South 10° 00' 00" West, continuing along said east
  line 2,033.85 feet to a point for the southeast corner of the herein
  described tract, same being the southeast corner of the
  aforementioned Foster Clark Tract on the north line of League Line
  Road, same being the south line of said Foster Clark Tract;
         Thence, North 75° 00' 00" West, along said north line, passing
  the common south corner of said Foster Clark Tract and the
  aforementioned Foster Collard Tract Area 2 at 1,641.86 feet and
  continuing a total of 3,640.86 feet to a point for the most
  southerly southwest corner of the herein described tract, same
  being the most southerly southwest corner of the aforementioned
  Foster Collard Tract Area 2 and being at the southeast end of a
  corner cut-back line;
         Thence, North 32° 10' 00" West, along said corner cutback
  line, 166.00 feet to a point for the most westerly southwest corner
  of the herein described tract, same being the most westerly
  southwest corner of said Foster Collard Tract Area 2 on the
  aforementioned east line of Longmire Road, same being the west line
  of said Foster Collard Tract Area 2;
         Thence, North 10° 40' 00" East, along said east line, 330.69
  feet to the POINT OF BEGINNING and containing 312.286 acres of land,
  SAVE AND EXCEPT that certain called 15.000 acre tract of land
  conveyed to Willis Independent School District by the instrument of
  record under File Number 2011027871, M.C.O.P.R., leaving a
  remainder of 297.286 acres.
         TRACT THREE - 24.916 ACRES
         BEGINNING at the most northerly northwest corner of the
  aforementioned Foster Collard Tract Area 3, same being the most
  northerly northwest corner of the herein described tract on the
  south line of League Line Road, same being the north line of said
  Foster Collard Tract Area 3;
         Thence, South 75° 00' 00" East, along said south line,
  1,999.00 feet to a point for the northeast corner of the herein
  described tract, same being the northeast corner of said Foster
  Collard Tract Area 3 on the east line of said Foster Collard Tract
  Area 3, same being the common line between the aforementioned
  Collard Survey and the J. Edwards Survey, Abstract Number 190;
         Thence, South 15° 00' 00" West, along said east line and said
  common line, 520.44 feet to a point for the southeast corner of the
  herein described tract, same being the southeast corner of said
  Collard Survey;
         Thence, North 75° 00' 00" West, along the south line of said
  Foster Collard Tract Area 3 and said common line, 2,079.44 feet to a
  point for the southwest corner of the herein described tract, same
  being the southwest corner of said Foster Collard Tract Area 3 on
  the east line of Longmire Road, same being the west line of said
  Foster Collard Tract Area 3;
         Thence, North 10° 40' 00" East, along said east line, 402.06
  feet to a point for the most westerly northwest corner of the herein
  described tract, same being the most westerly northwest corner of
  said Foster Collard Tract Area 3 and being at the southwest end of a
  corner cut-back line;
         Thence, North 57° 50' 00" East, along said corner cut-back
  line, 163.00 feet to the POINT OF BEGINNING and containing 24.916
  acres of land.
         Said Tract 1, Tract 2 and Tract 3 containing a total of
  342.842 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
  8457, Special District Local Laws Code, as added by Section 1 of
  this Act, is amended by adding Section 8457.106 to read as follows:
         Sec. 8457.106.  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 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, 2013.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1588 was passed by the House on May
  17, 2013, by the following vote:  Yeas 134, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1588 was passed by the Senate on May
  22, 2013, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor