H.B. No. 1055
relating to the creation of the Montgomery County Municipal Utility
District No. 101; providing authority to impose a tax and issue
bonds; granting the power of eminent domain.
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 8120 to read as follows:
CHAPTER 8120. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 101
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8120.001. DEFINITIONS. In this chapter:
(1) "Board" means the board of directors of the
(2) "Director" means a member of the board.
(3) "District" means the Montgomery County Municipal
Utility District No. 101.
Sec. 8120.002. 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,
Sec. 8120.003. CONFIRMATION ELECTION REQUIRED. If the
creation of the district is not confirmed at a confirmation
election held under Section 8120.023 before September 1, 2010:
(1) the district is dissolved September 1, 2010,
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Montgomery County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
(2) this chapter expires September 1, 2013.
Sec. 8120.004. 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:
(1) the organization, existence, or validity of the
(2) the right of the district to impose taxes;
(3) the validity of the district's bonds, notes, or
(4) the legality or operation of the district or the
Sec. 8120.005. APPLICABILITY OF OTHER WATER DISTRICTS LAW.
Except as otherwise provided by this chapter, Chapters 49 and 54,
Water Code, apply to the district.
[Sections 8120.006-8120.020 reserved for expansion]
SUBCHAPTER A-1. TEMPORARY PROVISIONS
Sec. 8120.021. TEMPORARY DIRECTORS. (a) On or after
September 1, 2005, a person who owns land in the district may submit
a petition to the Texas Commission on Environmental Quality
requesting that the commission appoint as temporary directors the
five persons named in the petition.
(b) The commission shall appoint as temporary directors the
five persons named in the first petition received by the commission
under Subsection (a).
(c) If a temporary director fails to qualify for office or
if a vacancy occurs in the office of temporary director, the vacancy
shall be filled as provided by Section 49.105, Water Code.
(d) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section
(2) the date this chapter expires under Section
Sec. 8120.022. 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. If a location cannot be
agreed upon, the meeting shall be at the Montgomery County
Courthouse. At the meeting, the temporary directors shall elect
officers from among the temporary directors and conduct any other
Sec. 8120.023. CONFIRMATION AND INITIAL DIRECTORS'
ELECTION. (a) The temporary directors shall hold an election to
confirm the creation of the district and to elect five directors as
provided by Section 49.102, Water Code.
(b) Section 41.001(a), Election Code, does not apply to a
confirmation and initial directors' election held under this
Sec. 8120.024. INITIAL ELECTED DIRECTORS; TERMS. The
directors elected under Section 8120.023 shall draw lots to
determine which two shall serve until the first regularly scheduled
election of directors under Section 8120.052 and which three shall
serve until the second regularly scheduled election of directors.
Sec. 8120.025. FIRST REGULARLY SCHEDULED ELECTION OF
DIRECTORS. The board by order may postpone the first election under
Section 8120.052 following the confirmation and directors'
election held under Section 8120.023 if:
(1) the election would otherwise occur not later than
the 60th day after the date on which the confirmation election is
(2) the board determines that there is not sufficient
time to comply with the requirements of law and to order the
Sec. 8120.026. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2013.
[Sections 8120.027-8120.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 8120.051. DIRECTORS; TERMS. (a) The district is
governed by a board of five directors.
(b) Directors serve staggered four-year terms.
Sec. 8120.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
[Sections 8120.053-8120.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 8120.101. UTILITIES. The district may not impose an
impact fee or assessment on the property, equipment, rights-of-way,
facilities, or improvements of:
(1) an electric utility as defined by Section 31.002,
(2) a gas utility as defined by Section 101.003 or
121.001, Utilities Code;
(3) a telecommunications provider as defined by
Section 51.002, Utilities Code; or
(4) a cable operator as defined by 47 U.S.C. Section
522, as amended.
Sec. 8120.102. 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 a
municipality in the corporate limits or extraterritorial
jurisdiction of which the district is located, including an
ordinance or resolution adopted before September 1, 2005, that
consents to the creation of the district or to the inclusion of
lands within the district.
Sec. 8120.103. LIMITATION ON USE OF EMINENT DOMAIN. The
district may not exercise the power of eminent domain outside the
district boundaries to acquire a site for a water treatment plant,
water storage facility, wastewater treatment plant, or wastewater
SECTION 2. The Montgomery County Municipal Utility District
No. 101 initially includes all the territory contained in the
Being 725 acres of land in the William Weir Survey, A-42, Montgomery
County, Texas, said 725 acres being described more particularly as
COMMENCING at the intersection of the North line of Long
Street, with the Westerly limits of the City of Willis and being
Westerly along the North line of Long Street 942.75 feet from its'
intersection with the West Right of Way line of Interstate Highway
THENCE in a Northwesterly direction along the North line of
Long Street as follows:
1. N. 71° 40' 15" W., 996.91 feet,
2. N. 70° 35' 24" W., 832.19 feet,
3. N. 75° 51' 31" W., 428.03 feet,
4. N. 79° 32' 59" W., 915.10 feet,
5. N. 75° 16' 38" W., 654.77 feet,
6. N. 74° 38' 52" W., 2,492.02 feet,
7. N. 74° 08' 48" W., 152.05 feet,
THENCE N. 15° 12' 12" E., leaving the North line of Long Street
for a distance of 1,674.56 feet to the Lower Northeast corner and
POINT OF BEGINNING of the herein described tract;
THENCE N. 74° 11' 32" W., 1,501.04 feet;
THENCE S. 15° 52' 40" W., 1,673.29 feet to the Southeast
corner of the herein described tract, in the North line of Long
THENCE N. 74° 10' 48" W., along the North line of Long Street
for a distance of 1,786.58 feet to the Southwest corner of the
herein described tract;
THENCE N. 15° 21' 11" E. leaving the North line of Long Street
for a distance of 1,894.76 feet;
THENCE N. 74° 41' 53" W., for a distance of 2,669.61 feet;
THENCE N. 13° 36' 19" W., for a distance of 1,069.55 feet to a
point in the centerline of Weir Creek;
THENCE in a Northerly direction along the centerline of Weir
Creek as follows:
1. N. 78° 55' 04" W., 47.22 feet,
2. S. 58° 01' 42" W., 105.77 feet,
3. N. 41° 14' 47" W., 124.78 feet,
4. N. 88° 50' 36" W., 219.00 feet,
5. S. 58° 02' 04" W., 122.09 feet,
6. N. 17° 29' 15" W., 293.63 feet,
7. S. 84° 23' 53" W., 32.62 feet,
8. N. 13° 47' 19" W., 440.86 feet
THENCE N. 48° 35' 31" E., leaving the centerline of Weir Creek
for a distance of 1,493.62 feet;
THENCE N. 09° 32' 29" E., for a distance of 148.15 feet to the
Lower Northwest corner of the herein described tract;
THENCE S. 75° 49' 24" E., for a distance of 3,305.60 feet;
THENCE S. 64° 25' 00" E., for a distance of 140.00 feet;
THENCE S. 75° 18' 33" E., for a distance of 1,386.40 feet;
THENCE S. 76° 58' 00" E., for a distance of 247.11 feet;
THENCE S. 79° 23' 15" E., for a distance of 3.39 feet;
THENCE N. 33° 31' 19" E., for a distance of 1,108.94 feet;
THENCE N. 12° 43' 04" E., for a distance of 49.20 feet;
THENCE N. 50° 18' 13" E., for a distance of 477.33 feet;
THENCE N. 18° 24' 04" E., for a distance of 247.92 feet;
THENCE N. 28° 11' 51" E., for a distance of 329.61 feet to the
Northwest corner of the herein described tract, in the South line of
THENCE S. 73° 21' 34" E., along the South line of Calvary Road
for a distance of 923.47 feet;
THENCE S. 73° 41' 20" E., continuing along the South line of
Calvary Road for a distance of 1,310.90 feet to the Northeast corner
of the herein described tract;
THENCE S. 14° 46' 27" W., leaving the South line of Calvary
Road for a distance of 4,278.49 feet;
THENCE N. 74° 45' 22" W., for a distance of 1,453.09 feet;
THENCE S. 15° 12' 12" W., for a distance of 850.71 feet to the
POINT OF BEGINNING and containing in all 725 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,
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
(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
SECTION 4. This Act takes effect September 1, 2005.
President of the Senate Speaker of the House
I certify that H.B. No. 1055 was passed by the House on May 9,
2005, by a non-record vote.
Chief Clerk of the House
I certify that H.B. No. 1055 was passed by the Senate on May
25, 2005, by the following vote: Yeas 31, Nays 0.
Secretary of the Senate