Texas 2009 - 81st Regular

Texas House Bill HB4755 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 4755
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Guadalupe County Development and
6	6	Management District; providing authority to impose an assessment,
7	7	impose a tax, and issue bonds.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle C, Title 4, Special District Local Laws
10	10	Code, is amended by adding Chapter 3887 to read as follows:
11	11	CHAPTER 3887. GUADALUPE COUNTY DEVELOPMENT AND MANAGEMENT DISTRICT
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 3887.001. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the board of directors of the
15	15	district.
16	16	(2) "County" means Guadalupe County.
17	17	(3) "District" means the Guadalupe County Development
18	18	and Management District.
19	19	(4) "Improvement project" means a program or project
20	20	authorized by Section 3887.102, inside or outside the boundaries of
21	21	the district.
22	22	Sec. 3887.002. CREATION AND NATURE OF DISTRICT. (a) The
23	23	district is a special district created under Section 59, Article
24	24	XVI, Texas Constitution, with all of the powers granted by this
25	25	chapter.
26	26	(b) The district is a governmental unit for the purposes of
27	27	Chapter 101, Civil Practice and Remedies Code, and operations of
28	28	the district are considered to be essential governmental functions
29	29	and not proprietary functions for all purposes, including the
30	30	application of that chapter.
31	31	Sec. 3887.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
32	32	creation of the district is essential to accomplish the purposes of
33	33	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
34	34	Texas Constitution, and other public purposes stated in this
35	35	chapter. By creating the district and in authorizing political
36	36	subdivisions to contract with the district, the legislature has
37	37	established a program to accomplish the public purposes set out in
38	38	Section 52-a, Article III, Texas Constitution.
39	39	(b) The creation of the district is necessary to promote,
40	40	develop, and protect the environment and the other natural
41	41	resources of the state, and to encourage and maintain employment,
42	42	commerce, transportation, housing, tourism, recreation, the arts,
43	43	entertainment, economic development, safety, and the public
44	44	welfare in the district.
45	45	(c) This chapter and the creation of the district may not be
46	46	interpreted to relieve the county from providing the level of
47	47	services provided as of the effective date of the Act enacting this
48	48	chapter to the area in the district. The district is created to
49	49	supplement and not to supplant county services provided in the
50	50	district.
51	51	Sec. 3887.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
52	52	The district is created to serve a public use and benefit.
53	53	(b) All land and other property included in the district
54	54	will benefit from the improvements and services to be provided by
55	55	the district under powers conferred by Sections 52 and 52-a,
56	56	Article III, and Section 59, Article XVI, Texas Constitution, and
57	57	other powers granted under this chapter.
58	58	(c) The creation of the district is in the public interest
59	59	and is essential to further the public purposes of:
60	60	(1) developing and diversifying the economy of the
61	61	state;
62	62	(2) eliminating unemployment and underemployment;
63	63	(3) providing quality residential housing;
64	64	(4) developing or expanding transportation and
65	65	commerce; and
66	66	(5) improving and enhancing the environment in and
67	67	around the district and in the county.
68	68	(d) The district will:
69	69	(1) promote the health, safety, and general welfare of
70	70	residents, employers, potential employees, employees, visitors,
71	71	and consumers in the district, and of the public;
72	72	(2) provide needed funding for the district to
73	73	preserve, maintain, and enhance the economic health and vitality of
74	74	the district territory as a residential community and business
75	75	center; and
76	76	(3) promote the health, safety, welfare, and enjoyment
77	77	of the public by providing pedestrian ways and by landscaping and
78	78	developing certain areas in the district, which are necessary for
79	79	the restoration, preservation, and enhancement of scenic beauty and
80	80	enhancing and improving the environment as an essential natural
81	81	resource of the state.
82	82	(e) Pedestrian ways along or across a street, whether at
83	83	grade or above or below the surface, and street lighting, street
84	84	landscaping, vehicle parking, and street art objects are parts of
85	85	and necessary components of a street and are considered to be an
86	86	improvement project that includes a street or road improvement.
87	87	(f) The district will not act as the agent or
88	88	instrumentality of any private interest even though the district
89	89	will benefit many private interests as well as the public.
90	90	Sec. 3887.005. DISTRICT TERRITORY. (a) The district is
91	91	composed of the territory described by Section 2 of the Act enacting
92	92	this chapter, as that territory may have been modified under
93	93	Section 3887.107 or other law.
94	94	(b) A mistake in the field notes of the district contained
95	95	in Section 2 of the Act enacting this chapter or in copying the
96	96	field notes in the legislative process does not in any way affect:
97	97	(1) the district's organization, existence, or
98	98	validity;
99	99	(2) the district's right to contract, including the
100	100	right to issue any type of bond or other obligation for a purpose
101	101	for which the district is created;
102	102	(3) the district's right to impose or collect an
103	103	assessment, tax, or any other revenue; or
104	104	(4) the legality or operation of the board.
105	105	Sec. 3887.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
106	106	(a) If all or any part of the district is annexed into a
107	107	municipality, any part of the area of the district is eligible to be
108	108	included in:
109	109	(1) a tax increment reinvestment zone created by the
110	110	municipality under Chapter 311, Tax Code;
111	111	(2) a tax abatement reinvestment zone created by the
112	112	municipality under Chapter 312, Tax Code; or
113	113	(3) an enterprise zone created by the municipality
114	114	under Chapter 2303, Government Code.
115	115	(b) If a municipality creates a tax increment reinvestment
116	116	zone described by Subsection (a), the municipality, by contract
117	117	with the district, may grant money deposited in the tax increment
118	118	fund to the district to be used by the district for the purposes
119	119	permitted for money granted to a corporation under Section
120	120	380.002(b), Local Government Code, including the right to pledge
121	121	the money as security for any bonds issued by the district for an
122	122	improvement project.
123	123	[Sections 3887.007-3887.050 reserved for expansion]
124	124	SUBCHAPTER B. BOARD OF DIRECTORS
125	125	Sec. 3887.051. GOVERNING BODY; TERMS. The district is
126	126	governed by a board of five directors who serve staggered terms of
127	127	four years, with two or three directors' terms expiring July 1 of
128	128	each odd-numbered year.
129	129	Sec. 3887.052. ELECTION DATE. The board shall hold
130	130	elections for directors on the uniform election date in May of
131	131	odd-numbered years.
132	132	Sec. 3887.053. VACANCY. The board of directors shall
133	133	appoint a director to fill a vacancy on the board for the remainder
134	134	of the unexpired term.
135	135	Sec. 3887.054. ELIGIBILITY. (a) To serve as a director, a
136	136	person must be at least 18 years old and be:
137	137	(1) a resident of the district who is also a registered
138	138	voter of the district;
139	139	(2) an owner of property in the district;
140	140	(3) an owner of stock, whether beneficial or
141	141	otherwise, of a corporate owner of property in the district;
142	142	(4) an owner of a beneficial interest in a trust that
143	143	owns property in the district;
144	144	(5) an agent, employee, or tenant of a person covered
145	145	by Subdivision (2), (3), or (4); or
146	146	(6) an initial director.
147	147	(b) Section 49.052, Water Code, does not apply to the
148	148	district.
149	149	Sec. 3887.055. DIRECTOR'S OATH OR AFFIRMATION. A
150	150	director's oath or affirmation of office shall be filed with the
151	151	district, and the district shall retain the oath or affirmation in
152	152	the district records.
153	153	Sec. 3887.056. OFFICERS. The board shall elect from among
154	154	the directors a presiding officer, an assistant presiding officer,
155	155	and a secretary.
156	156	Sec. 3887.057. COMPENSATION, EXPENSES, AND LIABILITY
157	157	INSURANCE FOR DIRECTORS. (a) The district may compensate each
158	158	director in an amount not to exceed $50 for each board meeting. The
159	159	total amount of compensation for one director may not exceed $2,000
160	160	annually.
161	161	(b) The district shall reimburse directors for necessary
162	162	and reasonable expenses incurred in carrying out the duties and
163	163	responsibilities of a director.
164	164	(c) The district may obtain and pay for comprehensive
165	165	general liability insurance coverage from commercial insurance
166	166	companies or other sources that protect and insure the directors
167	167	against personal liability and from any and all claims for actions
168	168	taken as directors or actions and activities taken by the district
169	169	or by others acting on the district's behalf.
170	170	Sec. 3887.058. CONFLICTS OF INTEREST. (a) A director may
171	171	participate in all board votes and decisions, subject to the
172	172	requirements of this section.
173	173	(b) Section 171.004, Local Government Code, does not apply
174	174	to the district.
175	175	(c) A director who has a substantial interest in a business
176	176	or charitable entity that will receive a pecuniary benefit from a
177	177	board action shall file an affidavit with the board secretary
178	178	declaring the interest. Another affidavit is not required if the
179	179	director's interest changes.
180	180	(d) After the affidavit is filed, the director may
181	181	participate in a discussion or vote if:
182	182	(1) a majority of the appointed directors have a
183	183	similar interest in the same entity;
184	184	(2) all other similar businesses or charitable
185	185	entities in the district will receive a similar pecuniary benefit;
186	186	or
187	187	(3) the appointed director is a property owner in the
188	188	district.
189	189	Sec. 3887.059. INITIAL DIRECTORS. (a) The initial board
190	190	consists of the following directors:
191	191	Place No. Name of Initial Director
192	192	Place 1 G. Steven White
193	193	Place 2 Christopher Turner
194	194	Place 3 Holly White Turner
195	195	Place 4 Bradley White
196	196	Place 5 Jacob White
197	197	(b) Of the initial directors, the terms of directors
198	198	appointed for places 1 and 2 expire on July 1, 2011, and the terms of
199	199	the initial directors appointed for places 3, 4, and 5 expire on
200	200	July 1, 2013.
201	201	(c) Section 49.052, Water Code, does not apply to initial
202	202	directors.
203	203	(d) This section expires September 1, 2014.
204	204	[Sections 3887.060-3887.100 reserved for expansion]
205	205	SUBCHAPTER C. POWERS AND DUTIES
206	206	Sec. 3887.101. GENERAL POWERS AND DUTIES. The district has
207	207	the duties imposed by this chapter and the powers:
208	208	(1) provided by the general laws relating to
209	209	conservation and reclamation districts created under Section 59,
210	210	Article XVI, Texas Constitution, including Chapters 49 and 54,
211	211	Water Code;
212	212	(2) provided by the general laws relating to road
213	213	districts and road utility districts created under Section 52,
214	214	Article III, Texas Constitution, including Chapter 441,
215	215	Transportation Code, except that the district may exercise any
216	216	power granted by this chapter without regard to any provision or
217	217	requirement of or procedure prescribed in Chapter 441,
218	218	Transportation Code;
219	219	(3) that Subchapter A, Chapter 372, Local Government
220	220	Code, provides a municipality or a county;
221	221	(4) provided by Chapter 375, Local Government Code;
222	222	(5) that Chapter 505, Local Government Code, provides
223	223	a corporation created under that chapter; and
224	224	(6) that Chapter 1371, Government Code, provides an
225	225	issuer.
226	226	Sec. 3887.102. IMPROVEMENT PROJECTS. (a) The district may
227	227	provide, or it may enter into contracts with a governmental or
228	228	private entity to provide, the following types of improvement
229	229	projects or activities in support of or incidental to those
230	230	projects:
231	231	(1) a supply and distribution facility or system to
232	232	provide potable and nonpotable water to the residents and
233	233	businesses of the district, including a wastewater collection
234	234	facility;
235	235	(2) a paved, macadamized, or graveled road or street
236	236	inside and outside the district, to the full extent authorized by
237	237	Section 52, Article III, Texas Constitution;
238	238	(3) the planning, design, construction, improvement,
239	239	and maintenance of:
240	240	(A) landscaping;
241	241	(B) highway right-of-way or transit corridor
242	242	beautification and improvement;
243	243	(C) lighting, banners, and signs;
244	244	(D) a street or sidewalk;
245	245	(E) a hiking and cycling path or trail;
246	246	(F) a pedestrian walkway, skywalk, crosswalk, or
247	247	tunnel;
248	248	(G) a park, lake, garden, recreational facility,
249	249	community activities center, dock, wharf, sports facility, open
250	250	space, scenic area, or related exhibit or preserve;
251	251	(H) a fountain, plaza, or pedestrian mall; or
252	252	(I) a drainage or storm-water detention
253	253	improvement;
254	254	(4) protection and improvement of the quality of storm
255	255	water that flows through the district;
256	256	(5) the planning, design, construction, improvement,
257	257	maintenance, and operation of:
258	258	(A) a water or sewer facility; or
259	259	(B) an off-street parking facility or heliport;
260	260	(6) the planning and acquisition of:
261	261	(A) public art and sculpture and related exhibits
262	262	and facilities; or
263	263	(B) an educational facility and a cultural
264	264	exhibit or facility;
265	265	(7) the planning, design, construction, acquisition,
266	266	lease, rental, improvement, maintenance, installation, and
267	267	management of and provision of furnishings for a facility for:
268	268	(A) a conference, convention, or exhibition;
269	269	(B) a manufacturer, consumer, or trade show;
270	270	(C) a civic, community, or institutional event;
271	271	or
272	272	(D) an exhibit, display, attraction, special
273	273	event, or seasonal or cultural celebration or holiday;
274	274	(8) the removal, razing, demolition, or clearing of
275	275	land or improvements in connection with an improvement project;
276	276	(9) the acquisition and improvement of land or other
277	277	property for the mitigation of the environmental effects of an
278	278	improvement project;
279	279	(10) the acquisition of property or an interest in
280	280	property in connection with an authorized improvement project,
281	281	including any project or projects that are authorized by Subchapter
282	282	A, Chapter 372, or Chapter 375, Local Government Code;
283	283	(11) a special or supplemental service for the
284	284	improvement and promotion of the district or an area adjacent to the
285	285	district or for the protection of public health and safety or the
286	286	environment in or adjacent to the district, including:
287	287	(A) advertising;
288	288	(B) promotion;
289	289	(C) tourism;
290	290	(D) health and sanitation;
291	291	(E) public safety;
292	292	(F) security;
293	293	(G) fire protection or emergency medical
294	294	services;
295	295	(H) business recruitment;
296	296	(I) development;
297	297	(J) the reduction of automobile traffic volume
298	298	and congestion, including the provision, construction, and
299	299	operation of light rail or streetcar systems and services; and
300	300	(K) recreational, educational, or cultural
301	301	improvements, enhancements, and services; or
302	302	(12) any similar public improvement, facility, or
303	303	service.
304	304	(b) The district may not undertake a project under this
305	305	section unless the board determines the project to be necessary to
306	306	accomplish a public purpose of the district.
307	307	(c) The district may not provide, conduct, or authorize any
308	308	improvement project on municipal or county streets, highways,
309	309	rights-of-way, roads, or easements without the consent of the
310	310	governing body of the municipality or county, as applicable.
311	311	(d) For the purposes of this section, planning, design,
312	312	construction, improvement, and maintenance of a lake includes work
313	313	done for drainage, reclamation, or recreation.
314	314	Sec. 3887.103. GENERAL POWERS REGARDING CONTRACTS. (a)
315	315	The district may:
316	316	(1) contract with any public or private person, body,
317	317	or entity to accomplish any district purpose, including a contract
318	318	for:
319	319	(A) the payment, repayment, or reimbursement of
320	320	costs incurred by that person on behalf of the district, including
321	321	all or part of the costs of an improvement project and interest on
322	322	the reimbursed cost; or
323	323	(B) the use, occupancy, lease, rental,
324	324	operation, maintenance, or management of all or part of a proposed
325	325	or existing improvement project; and
326	326	(2) apply for and contract with any public or private
327	327	person, body, or entity to receive, administer, and perform a duty
328	328	or obligation of the district under a federal, state, local, or
329	329	private gift, grant, loan, conveyance, transfer, bequest, or other
330	330	financial assistance arrangement relating to the investigation,
331	331	planning, analysis, study, design, acquisition, construction,
332	332	improvement, completion, implementation, or operation by the
333	333	district or others of a proposed or existing improvement project.
334	334	(b) A contract the district enters into to carry out a
335	335	purpose of this chapter may be on any terms and for any period the
336	336	board determines, including a negotiable or nonnegotiable note or
337	337	warrant payable to any other person.
338	338	(c) Any person, including but not limited to the county, may
339	339	contract with the district to carry out the purposes of this chapter
340	340	without further statutory or other authorization.
341	341	Sec. 3887.104. RULES; ENFORCEMENT. (a) The district may
342	342	adopt rules:
343	343	(1) to administer or operate the district;
344	344	(2) for the use, enjoyment, availability, protection,
345	345	security, and maintenance of the district's property and
346	346	facilities; or
347	347	(3) to provide for public safety and security in the
348	348	district.
349	349	(b) The district may enforce its rules by injunctive relief.
350	350	(c) To the extent a district rule conflicts with a county
351	351	rule, order, or regulation, the county rule, order, or regulation
352	352	controls.
353	353	Sec. 3887.105. NAME CHANGE. The board by resolution may
354	354	change the district's name. The board shall give written notice of
355	355	the change to the county and any municipality in which the district
356	356	is wholly or partly located.
357	357	Sec. 3887.106. USE OF ROADWAY, PARK, OR OTHER PUBLIC AREA OR
358	358	FACILITY OF DISTRICT. (a) The board by rule may regulate the
359	359	private use of a public roadway, open space, park, sidewalk, or
360	360	similar public area or facility in the district. To the extent the
361	361	district rules conflict with a rule, order, or regulation of the
362	362	county or of a municipality in which the district is wholly or
363	363	partly located, the rule, order, or regulation of the county or
364	364	municipality controls. A rule may provide for the safe and orderly
365	365	use of public roadways, open spaces, parks, sidewalks, and similar
366	366	public areas or facilities in the district.
367	367	(b) The board may require a permit for a parade,
368	368	demonstration, celebration, entertainment event, or similar
369	369	nongovernmental activity in or on a public roadway, open space,
370	370	park, sidewalk, or similar public area or facility that is owned by
371	371	the district. The board may charge a fee for the permit application
372	372	or for public safety or security services for such facilities in an
373	373	amount the board considers necessary.
374	374	(c) The board may require a permit or franchise agreement
375	375	with a vendor, concessionaire, exhibitor, or similar private or
376	376	commercial person or organization for the limited use of the area or
377	377	facility owned by the district on terms and on payment of a permit
378	378	or franchise fee the board may impose.
379	379	Sec. 3887.107. ADDING OR REMOVING TERRITORY. (a) The board
380	380	may add or remove territory under Subchapter J, Chapter 49, and
381	381	Section 54.016, Water Code, except that the addition or removal of
382	382	the territory must be approved by the owners of the territory being
383	383	added or removed.
384	384	(b) A reference to a tax in Subchapter J, Chapter 49, or
385	385	Section 54.016, Water Code, means an ad valorem tax.
386	386	(c) Territory may not be removed from the district if bonds
387	387	or other obligations of the district payable wholly or partly from
388	388	ad valorem taxes or assessments levied or assessed on the territory
389	389	are outstanding.
390	390	Sec. 3887.108. ECONOMIC DEVELOPMENT. The district may
391	391	create economic development and other programs pursuant to Section
392	392	52-a, Article III, Texas Constitution, including the imposition and
393	393	collection of ad valorem taxes for such purposes if approved by the
394	394	voters of the district at an election, including the economic
395	395	development powers that:
396	396	(1) Chapter 380, Local Government Code, provides to a
397	397	municipality with a population of more than 100,000; and
398	398	(2) Chapter 1509, Government Code, provides to any
399	399	municipality.
400	400	Sec. 3887.109. TERMS OF EMPLOYMENT; COMPENSATION. The
401	401	board may employ and establish the terms of employment and
402	402	compensation of an executive director or general manager and any
403	403	other district employees the board considers necessary.
404	404	Sec. 3887.110. NO EMINENT DOMAIN POWER. The district may
405	405	not exercise the power of eminent domain.
406	406	[Sections 3887.111-3887.150 reserved for expansion]
407	407	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
408	408	Sec. 3887.151. GENERAL POWERS REGARDING FINANCIAL MATTERS.
409	409	Except as provided in an agreement executed pursuant to Section
410	410	3887.160, the district may:
411	411	(1) impose an ad valorem tax on all taxable property in
412	412	the district, including industrial, commercial, and residential
413	413	property, to pay for an improvement project of the types authorized
414	414	by Section 52, Article III, and Section 59, Article XVI, Texas
415	415	Constitution, and to secure the payment of bonds issued for such
416	416	purposes;
417	417	(2) impose an assessment on property in the district
418	418	to pay the cost or the cost of maintenance of any authorized
419	419	district improvement in the manner provided for:
420	420	(A) a district under Subchapters A, E, and F,
421	421	Chapter 375, Local Government Code; or
422	422	(B) a municipality or county under Subchapter A,
423	423	Chapter 372, Local Government Code;
424	424	(3) provide or secure the payment or repayment of any
425	425	bond, note, or other temporary or permanent obligation or
426	426	reimbursement or other contract with any person, and the costs and
427	427	expenses of the establishment, administration, and operation of the
428	428	district and the district's costs or share of the costs or revenue
429	429	of an improvement project or district contractual obligation or
430	430	indebtedness by or through:
431	431	(A) the imposition of an ad valorem tax or an
432	432	assessment, user fee, concession fee, or rental charge; or
433	433	(B) any other revenue or resources of the
434	434	district, or other revenues, including revenues from a tax
435	435	increment reinvestment zone created by a municipality in which all
436	436	or a portion of the territory of the district has been annexed;
437	437	(4) establish user charges related to the operation of
438	438	storm-water facilities, including the regulation of storm water for
439	439	the protection of water quality in the district;
440	440	(5) establish user charges for the use of potable and
441	441	nonpotable water of the district;
442	442	(6) undertake separately or jointly with other
443	443	persons, including a municipality or the county, all or part of the
444	444	cost of an improvement project, including an improvement project:
445	445	(A) for improving, enhancing, and supporting
446	446	public safety and security, fire protection and emergency medical
447	447	services, and law enforcement in and adjacent to the district; or
448	448	(B) that confers a general benefit on the entire
449	449	district or a special benefit on a definable part of the district;
450	450	and
451	451	(7) enter into a tax abatement agreement in accordance
452	452	with the general laws of this state authorizing and applicable to
453	453	tax abatement agreements by municipalities.
454	454	Sec. 3887.152. BORROWING MONEY. The district may borrow
455	455	money for a district purpose by issuing or executing bonds, notes,
456	456	credit agreements, or other obligations of any kind found by the
457	457	board to be necessary or appropriate for a district purpose. The
458	458	bond, note, credit agreement, or other obligation must be secured
459	459	by and payable from ad valorem taxes, assessments, or any
460	460	combination thereof or from other district revenue.
461	461	Sec. 3887.153. IMPACT FEES AND ASSESSMENTS; EXEMPTION. (a)
462	462	The district may impose an impact fee or assessment on property in
463	463	the district, including an impact fee or assessment on residential
464	464	or commercial property, only in the manner provided by Subchapter
465	465	A, Chapter 372, or Subchapter F, Chapter 375, Local Government
466	466	Code, for a municipality, county, or public improvement district,
467	467	according to the benefit received by the property.
468	468	(b) An impact fee for residential property must be for the
469	469	limited purpose of providing capital funding for:
470	470	(1) public water and wastewater facilities;
471	471	(2) drainage and storm-water facilities; and
472	472	(3) streets and alleys.
473	473	(c) An assessment, a reassessment, or an assessment
474	474	resulting from an addition to or correction of the assessment roll
475	475	by the district, penalties and interest on an assessment or
476	476	reassessment, an expense of collection, and reasonable attorney's
477	477	fees incurred by the district:
478	478	(1) are a first and prior lien against the property
479	479	assessed; and
480	480	(2) are superior to any other lien or claim other than
481	481	a lien or claim for county, school district, or municipal ad valorem
482	482	taxes.
483	483	(d) The lien of an assessment against property runs with the
484	484	land. The portion of an assessment payment obligation that has not
485	485	yet come due is not eliminated by the foreclosure of an ad valorem
486	486	tax lien, and any purchaser of property in a foreclosure of an ad
487	487	valorem tax lien takes the property subject to the assessment
488	488	payment obligations that have not yet come due and to the lien and
489	489	terms of the lien's payment under the applicable assessment
490	490	ordinance or order.
491	491	(e) The board may make a correction to or deletion from the
492	492	assessment roll that does not increase the amount of assessment of
493	493	any parcel of land without providing notice and holding a hearing in
494	494	the manner required for additional assessments.
495	495	(f) The district may not impose an impact fee on the
496	496	property, including equipment and facilities, of a public utility
497	497	provider in the district.
498	498	Sec. 3887.154. RESIDENTIAL PROPERTY NOT EXEMPT. Section
499	499	375.161, Local Government Code, does not apply to the district.
500	500	Sec. 3887.155. MAINTENANCE AND OPERATION TAX; ELECTION.
501	501	(a) The district may impose a tax for maintenance and operation
502	502	purposes, including for:
503	503	(1) planning, constructing, acquiring, maintaining,
504	504	repairing, and operating all improvement projects, including land,
505	505	plants, works, facilities, improvements, appliances, and equipment
506	506	of the district; and
507	507	(2) paying costs of services, engineering and legal
508	508	fees, and organization and administrative expenses.
509	509	(b) The district may not impose a maintenance and operation
510	510	tax unless the tax is approved by a majority of the district voters
511	511	voting at an election held for that purpose. The proposition in a
512	512	maintenance and operation tax election may be for a specific
513	513	maximum rate or for an unlimited rate. If a maximum tax rate is
514	514	approved, the board may impose the tax at any rate that does not
515	515	exceed the approved rate.
516	516	(c) A maintenance and operation tax election may be held at
517	517	the same time and in conjunction with any other district election.
518	518	The election may be called by a separate election order or as part
519	519	of any other election order.
520	520	Sec. 3887.156. USE OF SURPLUS MAINTENANCE AND OPERATION
521	521	MONEY. If the district has surplus maintenance and operation tax
522	522	money that is not needed for the purposes for which it was
523	523	collected, the money may be used for any authorized purpose.
524	524	Sec. 3887.157. BONDS AND OTHER OBLIGATIONS; MUNICIPAL
525	525	APPROVAL. (a) Subject to the requirements of Sections 3887.159 and
526	526	3887.160, the district by competitive bid or negotiated sale may
527	527	issue bonds, notes, or other obligations payable wholly or partly
528	528	from ad valorem taxes or from assessments in the manner provided by
529	529	Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local
530	530	Government Code.
531	531	(b) In exercising the district's borrowing power, the
532	532	district may issue a bond or other obligation in the form of a bond,
533	533	note, certificate of participation or other instrument evidencing a
534	534	proportionate interest in payments to be made by the district, or
535	535	any other type of obligation.
536	536	(c) In addition to the sources of money described by
537	537	Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
538	538	Government Code, district bonds may be secured and made payable,
539	539	wholly or partly, by a pledge of any part of the money the district
540	540	receives from system or improvement revenues or from any other
541	541	source.
542	542	Sec. 3887.158. BOND MATURITY. Bonds may mature not more
543	543	than 40 years from their date of issue.
544	544	Sec. 3887.159. TAXES FOR BONDS AND OTHER OBLIGATIONS. (a)
545	545	At the time bonds or other obligations payable wholly or partly from
546	546	ad valorem taxes are issued:
547	547	(1) the board shall impose a continuing direct annual
548	548	ad valorem tax, without limit as to rate or amount, for each year
549	549	that all or part of the bonds are outstanding; and
550	550	(2) the district annually shall impose an ad valorem
551	551	tax on all taxable property in the district in an amount sufficient
552	552	to:
553	553	(A) pay the interest on the bonds or other
554	554	obligations as the interest becomes due;
555	555	(B) create a sinking fund for the payment of the
556	556	principal of the bonds or other obligations when due or the
557	557	redemption price at any earlier required redemption date; and
558	558	(C) pay the expenses of imposing the taxes.
559	559	(b) Bonds or other obligations that are secured by and
560	560	payable from ad valorem taxes may not be issued unless the bonds and
561	561	the imposition of the taxes are approved by a majority of the
562	562	district voters voting at an election held for that purpose.
563	563	(c) The district shall hold an election required by this
564	564	section in the manner provided by Chapter 54, Water Code, and the
565	565	Election Code.
566	566	Sec. 3887.160. DEVELOPMENT AND OPERATING AGREEMENT
567	567	REQUIRED TO UNDERTAKE IMPROVEMENT PROJECTS, IMPOSE TAXES OR
568	568	ASSESSMENTS, AND BORROW MONEY, INCLUDING BONDS. (a) After the
569	569	district's board of directors is organized, but before the district
570	570	may undertake any improvement project, issue bonds, impose taxes,
571	571	impose assessments or fees, or borrow money, the district must
572	572	negotiate and execute with the county a mutually approved and
573	573	accepted development and operating agreement, including any
574	574	pre-annexation agreements, and any limitations regarding the plans
575	575	and rules for:
576	576	(1) the exercise of the powers granted to the district
577	577	under this chapter, including the organization, development, and
578	578	operation of the district;
579	579	(2) the selection and description of improvement
580	580	projects that may be undertaken and financed by the district and the
581	581	ownership, operation, and maintenance of the improvement projects;
582	582	(3) the terms, conditions, methods, means, and amounts
583	583	of financing authorized by this chapter that the district may
584	584	undertake in providing improvement projects; and
585	585	(4) the amounts, methods, and times of reimbursement
586	586	to the county for costs and expenses, if any, incurred by the county
587	587	with respect to the development and operation of the district and
588	588	the financing of improvement projects by the district.
589	589	(b) An agreement required by this section may not be
590	590	effective until its terms and execution are approved by the board by
591	591	order or resolution.
592	592	[Sections 3887.161-3887.200 reserved for expansion]
593	593	SUBCHAPTER E. DISSOLUTION
594	594	Sec. 3887.201. DISSOLUTION BY BOARD ORDER. (a) The board,
595	595	with the approval of the county, by order may dissolve the district.
596	596	(b) The board may not dissolve a district until:
597	597	(1) the district's outstanding indebtedness and all
598	598	contractual obligations that are payable from ad valorem taxes or
599	599	assessments have been paid, satisfied, or discharged; and
600	600	(2) if, at the time of dissolution, the district is not
601	601	situated wholly or partly within a municipality, the county agrees
602	602	to accept title to all district property and to provide the level of
603	603	services provided by the district as of the date of dissolution.
604	604	(c) If the district is located wholly or partly within a
605	605	municipality, the municipality may dissolve the district by
606	606	ordinance at any time after all outstanding debt and contractual
607	607	obligations of the district that are payable from ad valorem taxes
608	608	have been paid, satisfied, and discharged. If the district has
609	609	outstanding debt that is payable from assessments or other district
610	610	revenue, other than ad valorem taxes, and the municipality
611	611	dissolves the district, the municipality assumes, subject to the
612	612	appropriation and availability of funds, the obligations of the
613	613	district, including any bonds or other indebtedness payable from
614	614	assessments or district revenue other than ad valorem taxes.
615	615	(d) If a municipality dissolves the district, the board
616	616	shall transfer ownership of all district property to the
617	617	municipality.
618	618	SECTION 2. The Guadalupe County Development and Management
619	619	District shall include the following land, described by metes and
620	620	bounds as follows:
621	621	Being a 391.0 acre tract of land situated in the Robert Hall Survey,
622	622	Abstract 11, Guadalupe County, Texas, being all that tract of land
623	623	called 391.262 acres, conveyed to S. White Ranches and Properties
624	624	Ltd., by deed recorded in Volume 1766, Page 701, Official Records
625	625	Guadalupe County, Texas, and being more particularly described as
626	626	follows:
627	627	Beginning at a point in the northwest right-of-way line of Dowdy
628	628	Road for the southeast corner of a tract of land called 251.468
629	629	acres, described in Volume 897, Page 545, Official Records
630	630	Guadalupe County, Texas, the southwest corner of the 391.262 acre
631	631	tract and the herein described tract.
632	632	Thence, North 00 42' 22" W, 5775.99 feet with the east line of the
633	633	251.468 acre tract and the west line of the 391.262 acre tract, to a
634	634	point for the northeast corner of the 251.468 acre tract, the
635	635	northwest corner of the 391.262 acre tract and the herein described
636	636	tract.
637	637	Thence, in an easterly direction with westernmost north line of the
638	638	391.262 acre tract as follows:
639	639	N 88 33' 40" E, 52.89 feet to a point for an angle point.
640	640	N 88 22' 45" E, 295.62 feet to a point for an interior corner
641	641	of the 391.262 acre tract and the herein described tract.
642	642	Thence, N 00 32' 11" E, 246.42 feet and N 00 28' 10" E, 193.80 feet
643	643	with the northernmost west line of the 391.262 acre tract to a point
644	644	for the northernmost northwest corner of the 391.262 acre tract and
645	645	the herein described tract.
646	646	Thence, in an easterly direction with the northernmost north line
647	647	of the 391.262 acre tract as follows:
648	648	N 88 55' 39" E, 262.26 feet to a point for an angle point.
649	649	N 89 28' 30" E, 637.99 feet to a point for an angle point.
650	650	N 89 33' 42" E, 209.00 feet to a point for the northernmost
651	651	northeast corner of the 391.262 acre tract and the herein described
652	652	tract.
653	653	Thence, S 00 33' 33" E, 526.42 feet, and S 00 20' 25" E, 529.32 feet
654	654	with the northernmost east line of the 391.262 acre tract to a point
655	655	for an interior corner of the 391.262 acre tract and the herein
656	656	described tract.
657	657	Thence, S 40 41' 11" E, 337.20 feet and S 40 33' 23" E, 487.11 feet
658	658	with the northernmost northeast line of the 391.262 acre tract to a
659	659	point for an interior corner of the 391.262 acre tract and the
660	660	herein described tract.
661	661	Thence, in an easterly direction with the easternmost north line of
662	662	the 391.262 acre tract as follows:
663	663	N 89 23' 38" E, 405.50 feet to a point for an angle point.
664	664	N 89 25' 58" E, 858.03 feet to a point for an angle point.
665	665	S 62 26' 18" E, 74.61 feet a point for the easternmost
666	666	northeast corner of the 391.262 acre tract and the herein described
667	667	tract.
668	668	Thence, in a southerly direction with the easternmost east line of
669	669	the 391.262 acre tract as follows:
670	670	S 04 41' 29" W, 1095.75 feet to a point for an angle point.
671	671	S 04 36' 26" W, 459.19 feet to a point for an angle point.
672	672	S 04 49' 09" W, 843.40 feet to a point for an angle point.
673	673	S 05 36' 24" W, 501.16 feet to a point for an angle point.
674	674	S 05 23' 25" W, 848.09 feet to a point for an angle point.
675	675	S 04 06' 59" W, 703.93 feet to a point for an angle point.
676	676	S 13 57' 35" W, 119.70 feet to a point for the easternmost
677	677	southeast corner of the 391.262 acre tract and the herein described
678	678	tract.
679	679	Thence, N 86 05' 25" W, 736.10 feet with the easternmost south line
680	680	of the 391.262 acre tract to a point for an interior corner of the
681	681	391.262 acre tract and the herein described tract.
682	682	Thence, S 19 54' 35" W, 607.70 feet with the southernmost east line
683	683	of the 391.262 acre tract to a point in the northeast right-of-way
684	684	line Dowdy Road for the southernmost southeast corner of the
685	685	391.262 acre tract and the herein described tract.
686	686	Thence, in a westerly direction with the northeast, the north and
687	687	the northwest right-of-way line Dowdy Road and the southwest, south
688	688	and southeast line of the of the 391.262 acre tract and the 251.468
689	689	acre tract as follows:
690	690	N 70 30' 16" W, 755.54 feet to a point for an angle point.
691	691	N 69 05' 26" W, 503.83 feet to a point for an angle point.
692	692	N 68 45' 04" W, 353.18 feet to a point for an angle point.
693	693	N 77 00' 24" W, 96.51 feet to a point for an angle point.
694	694	N 85 04' 56" W, 81.52 feet to a point for an angle point.
695	695	S 82 47' 06" W, 100.40 feet to a point for an angle point.
696	696	S 76 58' 29" W, 90.59 feet to a point for an angle point.
697	697	S 67 51' 26" W, 46.21 feet to the Place of Beginning and
698	698	containing 391.0 acres of land more or less.
699	699	SECTION 3. (a) The legal notice of the intention to
700	700	introduce this Act, setting forth the general substance of this
701	701	Act, has been published as provided by law, and the notice and a
702	702	copy of this Act have been furnished to all persons, agencies,
703	703	officials, or entities to which they are required to be furnished
704	704	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
705	705	Government Code.
706	706	(b) The governor, one of the required recipients, has
707	707	submitted the notice and Act to the Texas Commission on
708	708	Environmental Quality.
709	709	(c) The Texas Commission on Environmental Quality has filed
710	710	its recommendations relating to this Act with the governor, the
711	711	lieutenant governor, and the speaker of the house of
712	712	representatives within the required time.
713	713	(d) All requirements of the constitution and laws of this
714	714	state and the rules and procedures of the legislature with respect
715	715	to the notice, introduction, and passage of this Act are fulfilled
716	716	and accomplished.
717	717	SECTION 4. This Act takes effect immediately if it receives
718	718	a vote of two-thirds of all the members elected to each house, as
719	719	provided by Section 39, Article III, Texas Constitution. If this
720	720	Act does not receive the vote necessary for immediate effect, this
721	721	Act takes effect September 1, 2009.
722	722	______________________________ ______________________________
723	723	President of the Senate Speaker of the House
724	724	I certify that H.B. No. 4755 was passed by the House on May
725	725	15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
726	726	voting; and that the House concurred in Senate amendments to H.B.
727	727	No. 4755 on May 29, 2009, by the following vote: Yeas 144, Nays 0,
728	728	1 present, not voting.
729	729	______________________________
730	730	Chief Clerk of the House
731	731	I certify that H.B. No. 4755 was passed by the Senate, with
732	732	amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
733	733	0.
734	734	______________________________
735	735	Secretary of the Senate
736	736	APPROVED: __________________
737	737	Date
738	738	__________________
739	739	Governor