Texas 2009 - 81st Regular

Texas House Bill HB4731 Compare Versions

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1	1	81R19970 SJM-F
2	2	By: Weber H.B. No. 4731
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Country Place Management District;
8	8	providing authority to impose an assessment, impose a tax, and
9	9	issue bonds.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 4, Special District Local Laws
12	12	Code, is amended by adding Chapter 3875 to read as follows:
13	13	CHAPTER 3875. COUNTRY PLACE MANAGEMENT DISTRICT
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 3875.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Director" means a board member.
18	18	(3) "District" means the Country Place Management
19	19	District.
20	20	Sec. 3875.002. NATURE OF DISTRICT. The Country Place
21	21	Management District is a special district created under Section 59,
22	22	Article XVI, Texas Constitution.
23	23	Sec. 3875.003. PURPOSE; DECLARATION OF INTENT. (a) The
24	24	creation of the district is essential to accomplish the purposes of
25	25	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
26	26	Texas Constitution, and other public purposes stated in this
27	27	chapter. By creating the district and in authorizing the City of
28	28	Pearland, Brazoria County, and other political subdivisions to
29	29	contract with the district, the legislature has established a
30	30	program to accomplish the public purposes set out in Section 52-a,
31	31	Article III, Texas Constitution.
32	32	(b) The creation of the district is necessary to promote,
33	33	develop, encourage, and maintain employment, commerce,
34	34	transportation, housing, tourism, recreation, the arts,
35	35	entertainment, economic development, safety, and the public
36	36	welfare in the district.
37	37	(c) This chapter and the creation of the district may not be
38	38	interpreted to relieve the City of Pearland and Brazoria County
39	39	from providing the level of services provided, as of the effective
40	40	date of the Act enacting this chapter, to the area in the district.
41	41	The district is created to supplement and not to supplant the city
42	42	or county services provided in the area in the district.
43	43	Sec. 3875.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
44	44	The district is created to serve a public use and benefit.
45	45	(b) All land and other property included in the district
46	46	will benefit from the improvements and services to be provided by
47	47	the district under powers conferred by Sections 52 and 52-a,
48	48	Article III, and Section 59, Article XVI, Texas Constitution, and
49	49	other powers granted under this chapter.
50	50	(c) The creation of the district is in the public interest
51	51	and is essential to:
52	52	(1) further the public purposes of developing and
53	53	diversifying the economy of the state;
54	54	(2) eliminate unemployment and underemployment; and
55	55	(3) develop or expand transportation and commerce.
56	56	(d) The district will:
57	57	(1) promote the health, safety, and general welfare of
58	58	residents, employers, potential employees, employees, visitors,
59	59	and consumers in the district, and of the public;
60	60	(2) provide needed funding for the district to
61	61	preserve, maintain, and enhance the economic health and vitality of
62	62	the district territory as a community and business center,
63	63	including funding for the ownership, operation, and maintenance of
64	64	public recreational facilities, including parks, trails, green
65	65	space, golf, and other sporting facilities that benefit the
66	66	district;
67	67	(3) promote the health, safety, welfare, and enjoyment
68	68	of the public by providing pedestrian ways and by landscaping and
69	69	developing certain areas in the district, which are necessary for
70	70	the restoration, preservation, and enhancement of scenic beauty;
71	71	(4) provide funding for public improvements,
72	72	including drainage facilities, beautification projects, and
73	73	identification and directional signage;
74	74	(5) provide for water, wastewater, drainage, water
75	75	reuse, solid waste collection, and recycling for the district; and
76	76	(6) provide street and road improvements.
77	77	(e) Pedestrian ways along or across a street, whether at
78	78	grade or above or below the surface, and street lighting, street
79	79	landscaping, parking, walls and sound barriers, and street art
80	80	objects are parts of and necessary components of a street and are
81	81	considered to be a street or road improvement.
82	82	(f) The district will not act as the agent or
83	83	instrumentality of any private interest even though the district
84	84	will benefit many private interests as well as the public.
85	85	Sec. 3875.005. INITIAL DISTRICT TERRITORY. (a) The
86	86	district is initially composed of the territory described by
87	87	Section 2 of the Act enacting this chapter.
88	88	(b) The boundary description contained in Section 2 of the
89	89	Act enacting this chapter forms a closure. A mistake in the
90	90	boundary description does not affect the district's:
91	91	(1) organization, existence, or validity;
92	92	(2) right to issue any type of bond for the purposes
93	93	for which the district is created or to pay the principal of and
94	94	interest on the bond;
95	95	(3) right to impose or collect an assessment or tax; or
96	96	(4) legality or operation.
97	97	Sec. 3875.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
98	98	All or any part of the area of the district is eligible to be
99	99	included in:
100	100	(1) a tax increment reinvestment zone created under
101	101	Chapter 311, Tax Code;
102	102	(2) a tax abatement reinvestment zone created under
103	103	Chapter 312, Tax Code; or
104	104	(3) an enterprise zone created under Chapter 2303,
105	105	Government Code.
106	106	Sec. 3875.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
107	107	DISTRICTS LAW. Except as otherwise provided by this chapter,
108	108	Chapter 375, Local Government Code, applies to the district.
109	109	Sec. 3875.008. LIBERAL CONSTRUCTION OF CHAPTER. This
110	110	chapter shall be liberally construed in conformity with the
111	111	findings and purposes stated in this chapter.
112	112	[Sections 3875.009-3875.050 reserved for expansion]
113	113	SUBCHAPTER B. BOARD OF DIRECTORS
114	114	Sec. 3875.051. GOVERNING BODY; TERMS. (a) The district is
115	115	governed by a board of five directors who serve staggered terms of
116	116	four years. Two or three directors shall be elected each
117	117	even-numbered year on the uniform election date in May established
118	118	by the Election Code.
119	119	(b) Section 49.052, Water Code, applies to the district and
120	120	directors.
121	121	(c) A director may also serve as a director of Brazoria
122	122	County Municipal Utility District No. 4. The director is not
123	123	entitled to remuneration from the district while serving in both
124	124	positions.
125	125	Sec. 3875.052. CONFIRMATION ELECTION REQUIRED. (a) The
126	126	initial directors shall hold an election to confirm the creation of
127	127	the district. If an election to confirm the creation of the
128	128	district does not pass, the initial directors may call subsequent
129	129	elections to confirm the creation of the district without further
130	130	approval.
131	131	(b) Subchapter D, Chapter 49, Water Code, applies to the
132	132	district and directors.
133	133	(c) Section 375.063, Local Government Code, does not apply
134	134	to the district.
135	135	Sec. 3875.053. INITIAL DIRECTORS. (a) The initial board
136	136	consists of the following directors:
137	137	Pos. No. Name of Director
138	138	1 Jack Banowsky
139	139	2 Charles A. Mills
140	140	3 Hugh S. Pylant
141	141	4 Terry Gray
142	142	5 Paul West
143	143	(b) Of the initial directors, the terms of directors
144	144	appointed for positions 1 through 3 expire May 2010, and the terms
145	145	of directors appointed for positions 4 and 5 expire May 2012.
146	146	(c) Section 3875.052 does not apply to this section.
147	147	(d) This section expires September 1, 2013.
148	148	Sec. 3875.054. QUORUM. For purposes of determining the
149	149	requirements for a quorum of the board, the following are not
150	150	counted:
151	151	(1) a board position vacant for any reason, including
152	152	death, resignation, or disqualification; or
153	153	(2) a director who is abstaining from participation in
154	154	a vote because of a conflict of interest.
155	155	Sec. 3875.055. COMPENSATION. Except as provided by Section
156	156	3875.051(c), a director is entitled to receive fees of office and
157	157	reimbursement for actual expenses as provided by Section 49.060,
158	158	Water Code. Sections 375.069 and 375.070, Local Government Code,
159	159	do not apply to the board.
160	160	[Sections 3875.056-3875.100 reserved for expansion]
161	161	SUBCHAPTER C. POWERS AND DUTIES
162	162	Sec. 3875.101. DEVELOPMENT CORPORATION POWERS. The
163	163	district may exercise the powers given to a development corporation
164	164	under Chapter 505, Local Government Code, including the power to
165	165	own, operate, acquire, construct, lease, improve, or maintain a
166	166	project described by that chapter.
167	167	Sec. 3875.102. NONPROFIT CORPORATION. (a) The board by
168	168	resolution may authorize the creation of a nonprofit corporation to
169	169	assist and act for the district in implementing a project or
170	170	providing a service authorized by this chapter.
171	171	(b) The nonprofit corporation:
172	172	(1) has each power of and is considered for purposes of
173	173	this chapter to be a local government corporation created under
174	174	Chapter 431, Transportation Code; and
175	175	(2) may implement any project and provide any service
176	176	authorized by this chapter.
177	177	(c) The board shall appoint the board of directors of the
178	178	nonprofit corporation. The board of directors of the nonprofit
179	179	corporation shall serve in the same manner as the board of directors
180	180	of a local government corporation created under Chapter 431,
181	181	Transportation Code, except that a board member is not required to
182	182	reside in the district.
183	183	Sec. 3875.103. AGREEMENTS; GRANTS. (a) The district may
184	184	make an agreement with or accept a gift, grant, or loan from any
185	185	person.
186	186	(b) The implementation of a project is a governmental
187	187	function or service for the purposes of Chapter 791, Government
188	188	Code.
189	189	Sec. 3875.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT.
190	190	To protect the public interest, the district may contract with a
191	191	qualified party, including Brazoria County or the City of Pearland,
192	192	for the provision of law enforcement services in the district for a
193	193	fee.
194	194	Sec. 3875.105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
195	195	district may join and pay dues to a charitable or nonprofit
196	196	organization that performs a service or provides an activity
197	197	consistent with the furtherance of a district purpose.
198	198	Sec. 3875.106. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
199	199	district may establish and provide for the administration of one or
200	200	more programs to promote state or local economic development and to
201	201	stimulate business and commercial activity in the district,
202	202	including programs to:
203	203	(1) make loans and grants of public money; and
204	204	(2) provide district personnel and services.
205	205	(b) For purposes of this section, the district has all of
206	206	the powers of a municipality under Chapter 380, Local Government
207	207	Code.
208	208	Sec. 3875.107. NO EMINENT DOMAIN. The district may not
209	209	exercise the power of eminent domain.
210	210	Sec. 3875.108. ANNEXATION OR EXCLUSION OF LAND. (a) The
211	211	district may annex land as provided by Subchapter J, Chapter 49,
212	212	Water Code.
213	213	(b) The district may exclude land as provided by Subchapter
214	214	J, Chapter 49, Water Code. Section 375.044(b), Local Government
215	215	Code, does not apply to the district.
216	216	[Sections 3875.109-3875.150 reserved for expansion]
217	217	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
218	218	Sec. 3875.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
219	219	board by resolution shall establish the number of directors'
220	220	signatures and the procedure required for a disbursement or
221	221	transfer of the district's money.
222	222	Sec. 3875.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
223	223	The district may acquire, construct, finance, operate, or maintain
224	224	any improvement or service authorized under this chapter or Chapter
225	225	375, Local Government Code, using any money available to the
226	226	district.
227	227	Sec. 3875.153. PETITION REQUIRED FOR FINANCING SERVICES AND
228	228	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
229	229	service or improvement project with assessments under this chapter
230	230	unless a written petition requesting that service or improvement
231	231	has been filed with the board.
232	232	(b) A petition filed under Subsection (a) must be signed by
233	233	the owners of a majority of the assessed value of real property in
234	234	the district subject to the assessment according to the most recent
235	235	certified tax appraisal roll for Brazoria County.
236	236	Sec. 3875.154. METHOD OF NOTICE FOR HEARING. The district
237	237	may mail the notice required by Section 375.115(c), Local
238	238	Government Code, by certified or first class United States mail.
239	239	The board shall determine the method of notice.
240	240	Sec. 3875.155. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
241	241	The board by resolution may impose and collect an assessment for any
242	242	purpose authorized by this chapter in all or any part of the
243	243	district. Section 375.114, Local Government Code, does not apply
244	244	to the district.
245	245	(b) An assessment, a reassessment, or an assessment
246	246	resulting from an addition to or correction of the assessment roll
247	247	by the district, penalties and interest on an assessment or
248	248	reassessment, an expense of collection, and reasonable attorney's
249	249	fees incurred by the district:
250	250	(1) are a first and prior lien against the property
251	251	assessed;
252	252	(2) are superior to any other lien or claim other than
253	253	a lien or claim for county, school district, or municipal ad valorem
254	254	taxes; and
255	255	(3) are the personal liability of and a charge against
256	256	the owners of the property even if the owners are not named in the
257	257	assessment proceedings.
258	258	(c) The lien is effective from the date of the board's
259	259	resolution imposing the assessment until the date the assessment is
260	260	paid. The board may enforce the lien in the same manner that the
261	261	board may enforce an ad valorem tax lien against real property.
262	262	(d) The board may make a correction to or deletion from the
263	263	assessment roll that does not increase the amount of assessment of
264	264	any parcel of land without providing notice and holding a hearing in
265	265	the manner required for additional assessments.
266	266	Sec. 3875.156. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
267	267	ASSESSMENTS. The district may not impose an impact fee or
268	268	assessment on the property, including the equipment,
269	269	rights-of-way, facilities, or improvements, of:
270	270	(1) an electric utility or a power generation company
271	271	as defined by Section 31.002, Utilities Code;
272	272	(2) a gas utility as defined by Section 101.003 or
273	273	121.001, Utilities Code;
274	274	(3) a telecommunications provider as defined by
275	275	Section 51.002, Utilities Code; or
276	276	(4) a person who provides to the public cable
277	277	television or advanced telecommunications services.
278	278	Sec. 3875.157. RESIDENTIAL PROPERTY. Section 375.161,
279	279	Local Government Code, does not apply to a tax imposed by the
280	280	district or a requirement for payment for a service provided by the
281	281	district.
282	282	Sec. 3875.158. AD VALOREM TAX. (a) If authorized at an
283	283	election held in accordance with Section 3875.162, the district may
284	284	impose an ad valorem tax on taxable property in the district in
285	285	accordance with Section 49.107, Water Code, for any district
286	286	purpose, including to:
287	287	(1) maintain and operate the district;
288	288	(2) construct or acquire improvements; or
289	289	(3) provide a service.
290	290	(b) The board shall determine the tax rate. The rate may not
291	291	exceed the rate approved at the election.
292	292	(c) Section 49.107(h), Water Code, does not apply to the
293	293	district.
294	294	Sec. 3875.159. CONTRACT TAXES. (a) In accordance with
295	295	Section 49.108, Water Code, the district may impose a tax other than
296	296	an operation and maintenance tax and use the revenue derived from
297	297	the tax to make payments under a contract after the provisions of
298	298	the contract have been approved by a majority of the district voters
299	299	voting at an election held for that purpose.
300	300	(b) A contract approved by the district voters may contain a
301	301	provision stating that the contract may be modified or amended by
302	302	the board without further voter approval.
303	303	Sec. 3875.160. AUTHORITY TO BORROW MONEY AND TO ISSUE
304	304	BONDS. (a) The district may borrow money on terms and conditions
305	305	as determined by the board. Section 375.205, Local Government
306	306	Code, does not apply to a loan, line of credit, or other borrowing
307	307	from a bank or financial institution secured by revenue other than
308	308	ad valorem taxes.
309	309	(b) The district may issue by competitive bid or negotiated
310	310	sale bonds, notes, or other obligations payable wholly or partly
311	311	from ad valorem taxes, assessments, impact fees, revenue, contract
312	312	payments, grants, or other district money, or any combination of
313	313	those sources of money, to pay for any authorized district purpose.
314	314	(c) The limitation on the outstanding principal amount of
315	315	bonds, notes, and other obligations provided by Section 49.4645,
316	316	Water Code, does not apply to the district.
317	317	Sec. 3875.161. TAXES FOR BONDS. At the time the district
318	318	issues bonds payable wholly or partly from ad valorem taxes, the
319	319	board shall provide for the imposition of a continuing direct
320	320	annual ad valorem tax, without limit as to rate or amount, while all
321	321	or part of the bonds are outstanding as required and in the manner
322	322	provided by Sections 54.601 and 54.602, Water Code.
323	323	Sec. 3875.162. ELECTIONS REGARDING TAXES AND BONDS. (a)
324	324	The district may issue, without an election, bonds, notes, and
325	325	other obligations secured by:
326	326	(1) revenue other than ad valorem taxes; or
327	327	(2) contract payments described by Section 3875.159.
328	328	(b) The district must hold an election in the manner
329	329	provided by Subchapter L, Chapter 375, Local Government Code, to
330	330	obtain voter approval before the district may impose an ad valorem
331	331	tax or issue bonds payable from ad valorem taxes.
332	332	(c) Section 375.243, Local Government Code, does not apply
333	333	to the district.
334	334	(d) All or any part of any facilities or improvements that
335	335	the district may acquire by the issuance of its bonds may be
336	336	submitted as a single proposition or as several propositions to be
337	337	voted on at the election.
338	338	Sec. 3875.163. CITY APPROVAL. (a) Except as provided by
339	339	Subsection (c), the district must obtain the approval of the City of
340	340	Pearland's governing body for the issuance of bonds for each
341	341	improvement project.
342	342	(b) The governing body of the City of Pearland must provide
343	343	the approval required for the issuance of bonds under Subsection
344	344	(a) by adoption of an ordinance or resolution.
345	345	(c) The district may obtain any other city approval required
346	346	by this chapter by permit or other city administrative process that
347	347	does not involve the City of Pearland's governing body.
348	348	Sec. 3875.164. CITY NOT REQUIRED TO PAY DISTRICT
349	349	OBLIGATIONS. Except as provided by Section 375.263, Local
350	350	Government Code, the City of Pearland is not required to pay a bond,
351	351	note, or other obligation of the district.
352	352	Sec. 3875.165. COMPETITIVE BIDDING. Subchapter I, Chapter
353	353	49, Water Code, applies to the district. Subchapter K, Chapter 375,
354	354	Local Government Code, does not apply to the district.
355	355	Sec. 3875.166. TAX AND ASSESSMENT ABATEMENTS. The district
356	356	may grant in the manner authorized by Chapter 312, Tax Code, an
357	357	abatement for a tax or assessment owed to the district.
358	358	Sec. 3875.167. USAGE FEES. The board of directors may set,
359	359	charge, impose, and collect fees, charges, or tolls for the use of
360	360	any district facilities.
361	361	[Sections 3875.168-3875.200 reserved for expansion]
362	362	SUBCHAPTER E. DISSOLUTION
363	363	Sec. 3875.201. DISSOLUTION OF DISTRICT. (a) The board of
364	364	directors may vote to dissolve the district regardless of the
365	365	district's outstanding debt. Section 375.264, Local Government
366	366	Code, does not apply to the district.
367	367	(b) If the district has outstanding debt when it is
368	368	dissolved, the district shall remain in existence solely for the
369	369	purpose of discharging its debts. The dissolution is effective
370	370	when all debts of the district have been discharged.
371	371	SECTION 2. The Country Place Management District initially
372	372	includes all territory contained in the boundaries of the Brazoria
373	373	County Municipal Utility District No. 4, as those boundaries
374	374	existed on January 1, 2009.
375	375	SECTION 3. (a) The legal notice of the intention to
376	376	introduce this Act, setting forth the general substance of this
377	377	Act, has been published as provided by law, and the notice and a
378	378	copy of this Act have been furnished to all persons, agencies,
379	379	officials, or entities to which they are required to be furnished
380	380	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
381	381	Government Code.
382	382	(b) The governor, one of the required recipients, has
383	383	submitted the notice and Act to the Texas Commission on
384	384	Environmental Quality.
385	385	(c) The Texas Commission on Environmental Quality has filed
386	386	its recommendations relating to this Act with the governor,
387	387	lieutenant governor, and speaker of the house of representatives
388	388	within the required time.
389	389	(d) The general law relating to consent by political
390	390	subdivisions to the creation of districts with conservation,
391	391	reclamation, and road powers and the inclusion of land in those
392	392	districts has been complied with.
393	393	(e) All requirements of the constitution and laws of this
394	394	state and the rules and procedures of the legislature with respect
395	395	to the notice, introduction, and passage of this Act have been
396	396	fulfilled and accomplished.
397	397	SECTION 4. This Act takes effect immediately if it receives
398	398	a vote of two-thirds of all the members elected to each house, as
399	399	provided by Section 39, Article III, Texas Constitution. If this
400	400	Act does not receive the vote necessary for immediate effect, this
401	401	Act takes effect September 1, 2009.