TexasHB 568689th Legislature Regular SessionHouseWALLET

Relating to the creation of the Montgomery County Management District No. 3; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Sponsored By: Creighton, Will Metcalf

Became Law

MONTGOMERY COUNTY MANAGEMENT DISTRICT NO. 3MONTGOMERY COUNTYSpecial Districts & Authorities--MiscellaneousENVIRONMENTAL QUALITY, TEXAS COMMISSION ON

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Bill Overview

Analyzed Economic Effects

11 provisions identified: 3 benefits, 3 costs, 5 mixed.

Voter-approved district bonds carry uncapped taxes

The district can charge a property tax for operations, projects, and services only after majority voter approval. The board sets that rate, but cannot exceed the voter-approved maximum. Bonds repaid partly or fully through property taxes also require voter approval. Once those bonds are issued, the district must levy an annual tax without a rate or amount limit while bonds remain outstanding. Before the first such bond issue, each municipality whose city limits or surrounding jurisdiction includes district land must approve its creation and land inclusion.

District cannot force property sales

The district cannot use eminent domain to take private property. This protects owners from forced property acquisition by this district. The restriction does not address other governments' powers.

Property assessments create personal debt and liens

The board can assess property in all or part of the district for authorized purposes. Before assessments fund services or improvements, owners representing a majority of assessable real property value must petition, using the county's latest certified appraisal roll. Assessments, penalties, interest, collection expenses, and attorney fees become personal debts and property liens, even for owners unnamed in proceedings. Liens start with the board resolution, last until paid, outrank liens except county, school district, and municipal property-tax liens, and use property-tax enforcement procedures. Assessment-roll corrections require notice and a hearing and cannot increase a parcel's assessment; the law sets no assessment amount.

District services add to existing local services

The district can build, operate, and finance authorized local projects using available money and public or private contracts. It can pay qualified providers, including Montgomery County, Conroe, or Willis, for law enforcement. It can also build or operate public parking, including facilities leased to private operators. Montgomery County, Conroe, and Willis remain responsible for the service levels they provided when the law took effect. District services add to that baseline; the law sets no specific project budget, policing fee, or parking price.

District businesses gain new support options

The district can create economic development programs offering public loans, grants, staff, or services to support business activity. The law sets no funding amount, loan terms, grant size, or business eligibility rules. District land is also eligible for tax increment reinvestment zones and tax abatement reinvestment zones. These powers do not themselves create a zone, award assistance, or grant a tax reduction.

Targeted district improvements carry area-specific taxes

The district can designate an area or property for projects and services that mainly benefit that location, not the whole district. Voters there must approve the plan, and the board must formally establish the area or property designation. The district can then use taxes, liens, and bonds tied to that area to fund those benefits. Area-specific property taxes and property-tax-backed bonds require approval by a majority voting there. The law sets no tax rate or bond amount.

District sales tax needs voter approval

After majority voter approval, the district can charge sales and use tax in one-eighth-of-one-percent steps, or 0.125 percentage points. The board sets and changes rates within the voter-approved maximum and combined local tax limit, accounting for overlapping city and county taxes. Revenue can fund any district purpose or secure debt; rate cuts and abolition cannot impair repayment of obligations secured by it. The board can otherwise end the tax without an election, but restarting after abolition or a zero rate requires voter approval. An existing tax extends to added land without another election, ends on removed land, and continues on remaining land.

District splits require new voter safeguards

The district can split into two or more districts only before it has ever issued bonds and while charging no property tax. The board can initiate a split or act on a petition from owners representing a majority of district real property's assessed value. New districts initially must stay within the Act's original territory; the division order assigns assets, debts, and temporary directors. Each new district must hold a confirmation election. It must also obtain voter approval for taxes requiring elections and bonds repaid partly or fully through property taxes.

New Montgomery County district takes shape

The law creates Montgomery County Management District No. 3 on 144.058 acres in the Calvin Lynch Survey. District land gains access to authorized projects and services, along with exposure to district taxes and assessments under separate approval rules. Five directors serve staggered four-year terms; the Texas Commission on Environmental Quality appoints them from board recommendations. The district can add or remove land by following the Water Code's boundary-change procedures. Creating the district alone does not impose a specific charge or guarantee a service.

Owners can require district closure

The board must dissolve the district after a written petition from owners representing at least two-thirds of assessable property value. Owners representing at least two-thirds of eligible district land area can also require dissolution. The board can separately choose dissolution by majority vote. Closure is blocked by unpaid contractual payment obligations or bonds not repaid or legally provided for. District public works must also be transferred by contract to another responsible party before closure.

District borrowing expands with repayment obligations

The district can borrow and issue bonds, notes, or other obligations for authorized purposes. Repayment can use voter-approved property taxes, assessments, impact fees, revenues, contract payments, grants, or other district money. The outstanding-principal limit in Water Code Section 49.4645 does not apply. Bonds backed by non-property-tax revenue or contract payments can be issued without a bond election. Contract-payment bonds must meet Water Code Section 49.108 requirements; the law sets no borrowing amount.

Sponsors & Cosponsors

Sponsors

  • Creighton

    Affiliation unavailable

  • Will Metcalf

    House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 219 • No: 75

Senate vote • 5/25/2025

Record vote

Yes: 0 • No: 0

Senate vote • 5/25/2025

Record vote

Yes: 0 • No: 0

House vote • 5/15/2025

Record vote

Yes: 106 • No: 36

House vote • 5/14/2025

Record vote

Yes: 98 • No: 38

House vote • Unknown

Committee vote: Intergovernmental Affairs

Yes: 10 • No: 1

Senate vote • Unknown

Committee vote: Local Government

Yes: 5 • No: 0 • Other: 1

Actions Timeline

  1. Effective immediately

    6/20/2025House
  2. Filed without the Governor's signature

    6/20/2025House
  3. Sent to the Governor

    5/28/2025House
  4. Signed in the Senate

    5/27/2025Senate
  5. Signed in the House

    5/27/2025House
  6. Reported enrolled

    5/26/2025House
  7. Senate passage reported

    5/25/2025House
  8. Record vote

    5/25/2025Senate
  9. Passed

    5/25/2025Senate
  10. Read 3rd time

    5/25/2025Senate
  11. Record vote

    5/25/2025Senate
  12. Three day rule suspended

    5/25/2025Senate
  13. Vote recorded in Journal

    5/25/2025Senate
  14. Read 2nd time & passed to 3rd reading

    5/25/2025Senate
  15. Laid before the Senate

    5/25/2025Senate
  16. Placed on local & uncontested calendar

    5/25/2025Senate
  17. Committee report printed and distributed

    5/20/2025Senate
  18. Recommended for local & uncontested calendar

    5/20/2025Senate
  19. Reported favorably w/o amendments

    5/20/2025Senate
  20. Vote taken in committee

    5/19/2025Senate
  21. Considered in public hearing

    5/19/2025Senate
  22. Recommendations filed with the Speaker

    5/19/2025House
  23. Referred to Local Government

    5/16/2025Senate
  24. Read first time

    5/16/2025Senate
  25. Received from the House

    5/15/2025Senate

Bill Text

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