This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

 
 
  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