H.B. No. 4079

	AN ACT
	relating to the creation of the Montgomery County Municipal Utility
	District No. 119; 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 8269 to read as follows:
	CHAPTER 8269. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 119
	SUBCHAPTER A. GENERAL PROVISIONS
	Sec. 8269.001.  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. 119.
	Sec. 8269.002.  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. 8269.003.  CONFIRMATION ELECTION REQUIRED. If the
	creation of the district is not confirmed at a confirmation
	election held under Section 8269.023 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. 8269.004.  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. 8269.005.  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 8269.006-8269.020 reserved for expansion]
	SUBCHAPTER A-1.  TEMPORARY PROVISIONS
	Sec. 8269.021.  TEMPORARY DIRECTORS.  (a)  The temporary
	board consists of:
	(1)  Lester Jones;
	(2)  Pam Puckett;
	(3)  Louis Evans;
	(4)  Patty McBean; and
	(5)  Cindy Keefe.
	(b)  Temporary directors serve until the earlier of:
	(1)  the date initial directors are elected under
	Section 8269.023; or
	(2)  the date this subchapter expires under Section
	8269.025.
	Sec. 8269.022.  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. 8269.023.  CONFIRMATION AND INITIAL DIRECTORS'
	ELECTION. Not later than the second anniversary of the
	organizational meeting held under Section 8269.022, 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. 8269.024.  INITIAL ELECTED DIRECTORS; TERMS.  Unless
	the initial board otherwise agrees, the directors elected under
	Section 8269.023 shall draw lots to determine which two shall serve
	until the first regularly scheduled election of directors under
	Section 8269.052 and which three shall serve until the second
	regularly scheduled election of directors.
	Sec. 8269.025.  EXPIRATION OF SUBCHAPTER. This subchapter
	expires September 1, 2015.
	[Sections 8269.026-8269.050 reserved for expansion]
	SUBCHAPTER B. BOARD OF DIRECTORS
	Sec. 8269.051.  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. 8269.052.  ELECTION OF DIRECTORS. On the uniform
	election date in May of each even-numbered year, the appropriate
	number of directors shall be elected.
	[Sections 8269.053-8269.100 reserved for expansion]
	SUBCHAPTER C. POWERS AND DUTIES
	Sec. 8269.101.  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. 8269.102.  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. 8269.103.  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. 8269.104.  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 8269.105-8269.150 reserved for expansion]
	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
	Sec. 8269.151.  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. 8269.152.  OPERATION AND MAINTENANCE TAX.  (a)  If
	authorized at an election held under Section 8269.151, 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 8269.153-8269.200 reserved for expansion]
	SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
	Sec.  8269.201.  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. 8269.202.  BONDS FOR ROAD PROJECTS.  (a)  The district
	may not issue bonds to finance projects authorized by Section
	8269.102 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 8269.102 may not exceed one-fourth
	of the assessed value of the real property in the district.
	Sec. 8269.203.  BONDS FOR RECREATIONAL FACILITIES. If
	authorized at an election under Section 8269.151, the district may
	issue bonds payable from ad valorem taxes to pay for the development
	and maintenance of recreational facilities.
	Sec. 8269.204.  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. 119 initially includes all the territory contained in the
	following area:
	BEING A 589.17 ACRE (25,664,335 SQUARE FOOT) PARCEL SITUATED IN THE
	MONTGOMERY COUNTY SCHOOL LAND SURVEY, A-351, MONTGOMERY COUNTY,
	TEXAS, CONTAINING ALL OF A 48.50 ACRE TRACT CONVEYED TO CONROE
	INDEPENDENT SCHOOL DISTRICT BY DEED RECORDED UNDER CLERK'S FILE NO.
	2006-102236 OF THE MONTGOMERY COUNTY OFFICIAL PUBLIC RECORDS OF
	REAL PROPERTY, ALL OF A 9.57 ACRE TRACT CONVEYED TO RPM4M VENTURES,
	LP BY DEED RECORDED UNDER CLERK'S FILE NO. 2006-102231 OF THE
	MONTGOMERY COUNTY OFFICIAL PUBLIC RECORDS OF REAL PROPERTY, AND OUT
	OF A CALLED 1,023.05 ACRE TRACT CONVEYED TO LAND TEJAS SPRING
	TRAILS, LTD. BY DEED RECORDED UNDER CLERK'S FILE NO. 2006-102227 OF
	THE MONTGOMERY COUNTY OFFICIAL PUBLIC RECORDS OF REAL PROPERTY,
	SAID 589.17 ACRE PARCEL MORE PARTICULARLY DESCRIBED BY THE
	FOLLOWING METES AND BOUNDS;
	BEGINNING at a 5/8-inch iron rod with cap (stamped "VTSM"), in the
	southeasterly right-of-way line of Riley Fuzzel Road, in a
	southwesterly line of a called 60.25 acre tract conveyed to Sowell
	Equities-Lockeridge, L.P. by Deed recorded under Clerk's File No.
	2005-070370 of the Montgomery County Official Public Records of
	Real Property, in a northerly line of said 1,023.05 acre tract, for
	a northerly corner of the herein described parcel;
	THENCE, South 48°22'09" East, 1,628.43 feet along the southwest line
	of said 60.25 acre tract, and a northerly line of said 1,023.05 acre
	tract to a 1-3/4 inch axle for the most southerly corner of said
	60.25 acre tract, for a northerly corner of said 1,023.05 acre
	tract, and a northerly corner of the herein described parcel;
	THENCE, North 40°56'58" East, 2384.78 feet along a southeasterly
	line of said 60.25 acre tract, and a northerly line of the remainder
	of said 1,023.05 acre tract to a 3/4 inch iron rod with cap (stamped
	"Reno") in the southwesterly right of way line of Birnham Woods
	Drive (100 feet wide), for the most northerly corner of said 48.50
	acre tract, the most easterly corner of said 60.25 acre tract, and a
	northerly corner of the remainder of said 1,023.05 acre tract, and a
	northerly corner of the herein described parcel;
	THENCE, South 46°25'01" East, 6701.58 feet along the southwesterly
	right of way line of said Birnham Woods Drive, and a northeasterly
	line of the remainder of said 1,023.05 acre tract to a 5/8 inch iron
	rod set with cap (stamped "Powers") beginning a curve to the right;
	THENCE, South 39°38'05" West, 134.12 feet to a 5/8-inch iron rod set
	(with cap stamped "Montgomery and Associates") for a southeasterly
	corner of the herein described parcel;
	THENCE, South 88°05'45" West, 245.40 feet to a 5/8-inch iron rod set
	(with cap stamped "Montgomery and Associates") for a southeasterly
	corner of the herein described parcel beginning a curve to the left;
	THENCE, along the arc of said curve to the left having a radius of
	1,950.00 feet, an arc length of 433.26 feet, through a delta of
	12°43'49", and a chord bearing South 81°43'51" West, 432.37 feet to a
	5/8 inch iron rod set (with cap stamped "Montgomery and
	Associates") for a southeasterly corner of the herein described
	parcel;
	THENCE, South 75°21'56" West, 1587.09 feet to a 5/8 inch iron rod set
	(with cap stamped "Montgomery and Associates") for a southerly
	corner of the herein described parcel beginning a curve to the
	right;
	THENCE, along the arc of said curve to the right having a radius of
	2050.00 feet, an arc length of 1242.72 feet, through a delta of
	34°43'59", and a chord bearing North 87°16'04" West, 1223.78 feet to
	a 5/8 inch iron rod set (with cap stamped "Montgomery and
	Associates") for a southerly corner of the herein described parcel
	beginning a curve to the left;
	THENCE, along the arc of said curve to the left having a radius of
	25.00 feet, an arc length of 38.61 feet, through a delta of
	88°28'52", and a chord bearing South 65°51'29" West, 34.88 feet to a
	5/8-inch iron rod set (with cap stamped "Montgomery and
	Associates") for a southerly corner of the herein described parcel;
	THENCE, South 21°37'03" West, 827.36 feet to a 5/8 inch iron rod set
	(with cap stamped "Montgomery and Associates") for a southerly
	corner of the herein described parcel;
	THENCE, South 87°33'13" West, 557.05 feet to a 5/8-inch iron rod set
	(with cap stamped "Montgomery and Associates") for a southerly
	corner of the herein described parcel:
	THENCE, North 42°47'40" West, 236.36 feet to a 5/8 inch iron rod set
	with cap (stamped "Montgomery and Associates") for a southwesterly
	corner of the herein described parcel;
	THENCE, South 51°31'37" West, 450.95 feet to a 5/8-inch iron rod
	found with cap (stamped "Benchmark") in the northeasterly line of a
	called 998.5360 acre tract conveyed to Midway Spring Trails
	Partners, L.P. by Deed recorded under Clerk's File No. 2000-081148
	of the Montgomery County Official Public Records of Real Property,
	in a southwesterly line of the residue of said 1,023.05 acre tract
	for a southwesterly corner of the herein described parcel;
	THENCE, North 34°53'10" West, 2773.35 feet along a northeasterly
	line of said 998.5360 acre tract, and a southwesterly line of the
	remainder of said 1,023.05 acre tract to a 5/8-inch iron rod found
	in a pine stump for a southwesterly corner of the herein described
	parcel;
	THENCE, North 65°23'07" West, 3055.11 feet along a northeasterly
	line of said 998.5360 acre tract, a northeasterly line of Spring
	Trails Section 10 according to the map or plat thereof recorded
	under Cabinet W, Sheets 4 and 5 of the Montgomery County Map
	Records, a northeasterly line of Spring Trails Section 4 according
	to the map or plat thereof recorded under Cabinet S, Sheets 202 and
	203 of the Montgomery County Map Records, and a northeasterly line
	of Spring Trails Section 1 according to the map or plat thereof
	recorded under Cabinet S, Sheets 195 and 197 of the Montgomery
	County Map Records, and a southwesterly line of the remainder of
	said 1,023.05 acre tract to a 5/8-inch iron rod found with cap
	(stamped "Costello") in the southeasterly right of way line of said
	Riley Fuzzel Road, for a northwesterly corner of the remainder of
	said 1,023.05 acre tract and the herein described parcel;
	THENCE, North 39°30'36" East, 1703.37 feet along the southeasterly
	right of way line of said Riley Fuzzel Road, and a northwesterly
	line of the residue of said 1,023.05 acre tract to a 5/8-inch iron
	rod found with cap (stamped "Costello") for a northerly corner of
	the herein described parcel beginning a curve to the right;
	THENCE, along the southeasterly right of way line of said Riley
	Fuzzel Road, and a northwesterly line of the remainder of said
	1,023.05 acre tract, and along the arc of said curve to the right
	having a radius of 1940.00 feet, an arc length of 742.28 feet,
	through a delta of 21°55'21", and a chord bearing North 50°27'16"
	East, 737.76 feet to the POINT OF BEGINNING, CONTAINING 589.17
	acres (25,664,335 square feet) of land in Montgomery County, Texas.
	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. 119, as created by Chapter 8269, 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. 4079 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. 4079 was passed by the Senate on May
	23, 2007, by the following vote:  Yeas 31, Nays 0.
	______________________________
	Secretary of the Senate
	APPROVED:  _____________________
	Date
	_____________________
	Governor