HB5651 - Relating to the creation of the Montgomery County Water Control and Improvement District No. 7; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

      H.B. No. 5651         AN ACT   relating to the creation of the Montgomery County Water Control and   Improvement District No. 7; 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 I, Title 6, Special District Local Laws   Code, is amended by adding Chapter 9094 to read as follows:   CHAPTER   9094.   MONTGOMERY COUNTY WATER CONTROL AND IMPROVEMENT   DISTRICT NO. 7   SUBCHAPTER A.   GENERAL PROVISIONS           Sec. 9094.0101.  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 Water   Control and Improvement   District No.   7.           Sec.   9094.0102.     NATURE OF DISTRICT.   The district is a water   control and improvement district created under Section 59, Article   XVI, Texas Constitution.           Sec.   9094.0103.     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.   9094.0104.     CONSENT OF MUNICIPALITY REQUIRED. The   temporary directors may not hold an election under Section   9094.0103 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 as required by   applicable law.           Sec.   9094.0105.     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 water control and improvement district as   provided by general law and Section 59, Article XVI, Texas   Constitution, including the collection, transportation,   processing, disposal, and control of domestic, industrial, or   communal waste and the gathering, conducting, diverting, and   control of local stormwater or other harmful excesses of water; 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.   9094.0106.     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.   9094.0201.     GOVERNING BODY; TERMS.   (a)   The district is   governed by a board of five elected directors.           (b)     Except as provided by Section 9094.0202, directors   serve staggered four-year terms.           Sec.   9094.0202.     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 9094.0103; 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 9094.0103 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 9094.0103; 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.   9094.0301.     GENERAL POWERS AND DUTIES.   The district   has the powers and duties necessary to accomplish the purposes for   which the district is created.           Sec.   9094.0302.     WATER CONTROL AND IMPROVEMENT DISTRICT   POWERS AND DUTIES.   The district has the powers and duties provided   by the general law of this state, including Chapters 49 and 51,   Water Code, applicable to water control and improvement districts   created under Section 59, Article XVI, Texas Constitution, and   specifically including the powers and duties authorized under   Subchapter H, Chapter 51, Water Code.           Sec.   9094.0303.     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.   9094.0304.     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.   9094.0305.     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 42.042 or 42.0425, Local Government Code, and   consents to the creation of the district or to the inclusion of land   in the district.           Sec.   9094.0306.     LIMITATION ON USE OF EMINENT DOMAIN. The   district may not exercise the power of eminent domain outside the   district boundaries to acquire a site or easement for:                 (1)     a recreational facility, as defined by Section   49.462, Water Code; or                 (2)  a road project authorized by Section 9094.0303.   SUBCHAPTER D.   GENERAL FINANCIAL PROVISIONS           Sec.   9094.0401.     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 9094.0403.           (b)     The district must hold an election in the manner   provided by Chapters 49 and 51, 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.   9094.0402.     OPERATION AND MAINTENANCE TAX.   (a)   If   authorized at an election held under Section 9094.0401, 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.   9094.0403.     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.   9094.0501.     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.   9094.0502.     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 Chapter 51, Water Code.           Sec.   9094.0503.     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.           Sec.   9094.0504.     BONDS FOR RECREATIONAL FACILITIES. (a)   [Text truncated for display. Full text available on Congress.gov.]