Texas SB 2481: Relating to the powers and duties of the Montgomery County Municipal Utility District No. 164; providing authority to issue bonds; providing authority to impose a tax.

Bill Text

By:AANichols S.B.ANo.A2481
A BILL TO BE ENTITLED
AN ACT
relating to the powers and duties of the Montgomery County
Municipal Utility District No. 164; providing authority to issue
bonds; providing authority to impose a tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AASubtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 8096 to read as follows:
CHAPTER 8096. MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 164
SUBCHAPTER A. GENERAL PROVISIONS
Sec.A8096.0101.AADEFINITIONS. In this chapter:
(1)AA"Board" means the district’s board of directors.
(2)AA"District" means the Montgomery County Municipal
Utility District No. 164.
Sec.A8096.0102.AANATURE AND PURPOSES OF DISTRICT. (a) The
district is a municipal utility district created under Section 59,
Article XVI, Texas Constitution.
(b)AAThe district is created to accomplish the purposes of:
(1)AAa municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2)AASection 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.
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SUBCHAPTER B. POWERS AND DUTIES
Sec.A8096.0201.AAGENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec.A8096.0202.AAMUNICIPAL 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.A8096.0203.AAAUTHORITY 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.A8096.0204.AAROAD 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)AAIf 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)AAIf the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
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specifications of the road project.
Sec.A8096.0205.AADIVISION OF DISTRICT. (a) The district may
be divided into two or more new districts only if the district:
(1)AAhas never issued any bonds; and
(2)AAis not imposing ad valorem taxes.
(b)AAThis chapter applies to any new district created by the
division of the district, and a new district has all the powers and
duties of the district.
(c)AAAny new district created by the division of the district
may not, at the time the new district is created, contain any land
outside the area of the district as it existed on January 1, 2019.
(d)AAThe board, on its own motion or on receipt of a petition
signed by the owner or owners of a majority of the assessed value of
the real property in the district, may adopt an order dividing the
district.
(e)AAThe board may adopt an order dividing the district
before or after the date the board holds an election under Section
49.102, Water Code, to confirm the creation of the district.
(f)AAAn order dividing the district shall:
(1)AAname each new district;
(2)AAinclude the metes and bounds description of the
territory of each new district;
(3)AAappoint temporary directors for each new district;
and
(4)AAprovide for the division of assets and liabilities
between or among the new districts.
(g)AAOn or before the 30th day after the date of adoption of
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an order dividing the district, the district shall file the order
with the commission and record the order in the real property
records of each county in which the district is located.
(h)AAAny new district created by the division of the district
shall hold a confirmation and directors’ election as required by
Section 49.102, Water Code.
(i)AAIf the creation of the new district is confirmed, the
new district shall provide the election date and results to the
Texas Commission on Environmental Quality.
(j)AAAny new district created by the division of the district
must hold an election as required by Sec