By: Quintanilla (Senate Sponsor - Uresti) H.B. No. 4759
(In the Senate - Received from the House May 18, 2009;
May 19, 2009, read first time and referred to Committee on
Intergovernmental Relations; May 22, 2009, reported favorably, as
amended, by the following vote: Yeas 5, Nays 0; May 22, 2009, sent
to printer.)
COMMITTEE AMENDMENT NO. 1 By: Gallegos
Amend H.B. No. 4759 in SECTION 1 of the bill, in proposed
Section 3845.155(b), Special District Local Laws Code, (house
engrossed version, page 4 lines 10-11), by striking "for which ad
valorem tax revenue may be used" and substituting "that is an
authorized use of hotel occupancy tax revenue under Chapter 351,
Tax Code".
A BILL TO BE ENTITLED
AN ACT
relating to the creation of the Tornillo Management District;
providing authority to impose a tax and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 4, Special District Local Laws
Code, is amended by adding Chapter 3845 to read as follows:
CHAPTER 3845. TORNILLO MANAGEMENT DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3845.001. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Director" means a board member.
(3) "District" means the Tornillo Management
District.
Sec. 3845.002. NATURE OF DISTRICT. The district is a
special district created under Sections 52 and 52-a, Article III,
and Section 59, Article XVI, Texas Constitution.
Sec. 3845.003. FINDINGS OF PUBLIC PURPOSE AND BENEFIT. (a)
The district is created to serve a public purpose and benefit.
(b) All land and other property included in the district
will benefit from the improvements and services to be provided by
the district under powers conferred by Sections 52 and 52-a,
Article III, and Section 59, Article XVI, Texas Constitution, and
other powers granted under this chapter.
(c) The district is created to accomplish the purposes of a
municipal management district as provided by general law and
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution.
(d) The creation of the district is in the public interest
and is essential to:
(1) further the public purposes of developing and
diversifying the economy of the state;
(2) eliminate unemployment and underemployment; and
(3) develop or expand transportation and commerce.
(e) The district will:
(1) promote the health, safety, and general welfare of
residents, employers, potential employees, employees, visitors,
and consumers in the district, and of the public;
(2) provide needed funding for the district to
preserve, maintain, and enhance the economic health and vitality of
the district territory as a community and business center; and
(3) promote the health, safety, welfare, and enjoyment
of the public by providing pedestrian ways and by landscaping and
developing certain areas in the district, which are necessary for
the restoration, preservation, and enhancement of scenic beauty.
(f) Pedestrian ways along or across a street, whether at
grade or above or below the surface, and street lighting, street
landscaping, parking, and street art objects are parts of and
necessary components of a street and are considered to be a street
or road improvement.
(g) The district will not act as the agent or
instrumentality of any private interest even though the district
will benefit many private interests as well as the public.
Sec. 3845.004. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act creating this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act creating 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.
[Sections 3845.005-3845.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 3845.051. GOVERNING BODY; TERMS. (a) The district is
governed by a board of seven voting directors. Four directors are
elected as provided by Section 3845.052 and three directors are
appointed as provided by Section 3845.053.
(b) Elected directors serve staggered terms of four years.
(c) Appointed directors serve three-year terms and may be
appointed for subsequent terms.
Sec. 3845.052. ELECTION OF DIRECTORS. On the uniform
election date in May of each even-numbered year, the appropriate
number of directors shall be elected.
Sec. 3845.053. APPOINTMENT OF DIRECTORS. (a) One director
shall be appointed by a majority vote of the board of directors of
the El Paso County Tornillo Water Improvement District.
(b) One director shall be appointed by a majority vote of
the Commissioners Court of El Paso County.
(c) One director shall be appointed by the board from a list
of persons submitted by the representative for House District 75.
(d) Directors must be appointed under this section not later
than 90 days after the Act creating this chapter becomes law. This
subsection expires January 1, 2010.
Sec. 3845.054. QUALIFICATIONS. (a) To be qualified to
serve as an appointed director, a person must be at least 18 years
old and a state resident.
(b) To be qualified to serve as an elected director, a
person must meet the qualifications for an appointed director and
be an owner of real property subject to taxation in the district or
a qualified voter of the district.
Sec. 3845.055. INITIAL DIRECTORS. (a) On or after the
effective date of the Act creating 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 Texas Commission on
Environmental Quality requesting that the commission appoint as
initial directors the four qualified persons named in the petition.
The commission shall appoint as initial directors the four persons
named in the petition.
(b) The initial directors appointed under Subsection (a)
shall draw lots to determine which two shall serve until the first
regularly scheduled election of directors under Section 3845.052
and which two shall serve until the second regularly scheduled
election of directors.
[Sections 3845.056-3845.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 3845.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 3845.102. MUNICIPAL MANAGEMENT DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapter 375, Local Government
Code, applicable to municipal management districts created under
Sections 52 and 52-a, Article III, and Section 59, Article XVI,
Texas Constitution.
Sec. 3845.103. EMINENT DOMAIN. The district may not
exercise the power of eminent domain.
Sec. 3845.104. WATER AND WASTEWATER FACILITIES AND
SERVICES. (a) The district may not provide wholesale or retail
water or wastewater services to any land inside or outside the
boundaries of the district or produce water for use on land owned or
managed by the district unless authorized by a written resolution
of the board of directors of the El Paso County Tornillo Water
Improvement District. A written resolution authorizing the
provision or production of water or the water or wastewater
services must specify the area authorized to receive the water or
wastewater services or for which the district is authorized to
produce water. Notwithstanding any other law, the El Paso County
Tornillo Water Improvement District is not required to provide
retail water or wastewater services to an area in which the district
is authorized to provide water services.
(b) On written request by the El Paso County Tornillo Water
Improvement District, the district shall convey and transfer to the
El Paso County Tornillo Water Improvement District all water or
wastewater facilities, equipment, and fixtures owned by the
district, including water lines, wastewater lines, meters, wells,
fire hydrants, storage tanks, lagoons, water and wastewater
treatment facilities, and pump and lift stations.
(c) Water or wastewater facilities, equipment, and fixtures
transferred at the request of the El Paso County Tornillo Water
Improvement District shall continue to be used to benefit land in
the district.
Sec. 3845.105. RAIL FACILITIES. The district may
construct, acquire, improve, maintain, and operate rail facilities
and improvements in aid of those facilities.
Sec. 3845.106. DEVELOPMENT CORPORATION POWERS. The
district may exercise the powers given to a corporation under
Chapter 505, Local Government Code, including the power to own,
operate, acquire, construct, lease, improve, and maintain the
projects described by that chapter.
[Sections 3845.107-3845.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 3845.151. ELECTIONS REGARDING TAXES OR BONDS. (a) The
district may issue, without an election, bonds and other
obligations secured by revenue or contract payments from any source
other than ad valorem taxation.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, 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. 3845.152. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 3845.151, 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. 3845.153. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may make payments under a
contract from taxes other than operation and maintenance taxes
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.
Sec. 3845.154. TAXES FOR WATER, WASTEWATER, AND DRAINAGE
PURPOSES. Taxes the district imposes for water, wastewater, and
drainage facility construction and maintenance purposes, if any,
are for the particular benefit of the area inside the district, do
not generally or directly benefit the area inside the El Paso County
Tornillo Water Improvement District as a whole, and do not
duplicate a tax imposed by the El Paso County Tornillo Water
Improvement District.
Sec. 3845.155. HOTEL OCCUPANCY TAX. (a) The district may
impose a hotel occupancy tax in the manner provided by Section
351.002, Tax Code. A tax imposed under this section may not exceed
the maximum rate provided by Section 351.003(a), Tax Code.
(b) The district may use revenue from the hotel occupancy
tax for any district purpose for which ad valorem tax revenue may be
used.
(c) If any territory of the district is annexed by a
municipality or incorporates as a municipality, the district may
not impose a hotel occupancy tax.
Sec. 3845.156. SALES AND USE TAX. (a) The district may
impose a sales and use tax if authorized by a majority of the voters
of the district voting at an election held for that purpose.
Revenue from the sales and use tax may be used for any purpose for
which ad valorem tax revenue of the district may be used.
(b) The district may not adopt a sales and use tax at a rate
greater than two percent, and the rate of the tax when combined with
the rates of all other sales and use taxes imposed in the district
may not exceed the total combined sales and use tax rate imposed in
the city of El Paso.
(c) Chapter 321, Tax Code, applies to the imposition,
computation, administration, enforcement, and collection of the
sales and use tax imposed by this section except to the extent it is
inconsistent with this chapter.
(d) If any territory of the district is annexed by a
municipality or incorporates as a municipality, the district may
not impose a sales and use tax.
Sec. 3845.157. AUTHORITY TO TAX. The district may impose
taxes only inside the district's boundaries.
[Sections 3845.158-3845.200 reserved for expansion]
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 3845.201. 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, revenue from economic
development agreements under Chapter 381, Local Government Code, or
other district money, or any combination of those sources, to pay
for an authorized district purpose.
Sec. 3845.202. TAXES FOR BONDS. (a) At the time the
district issues bonds payable wholly or partly from ad valorem
taxes, the board shall provide for the annual imposition of an ad
valorem tax, without limit as to rate or amount, as required by
Section 54.601, Water Code.
(b) The board shall impose the tax annually while all or
part of the bonds are outstanding. Sections 54.601 and 54.602,
Water Code, govern the amount and rate of the tax.
Sec. 3845.203. 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 may not exceed
one-fourth of the assessed value of the real property in the
district.
Sec. 3845.204. FINANCIAL RESPONSIBILITY OF EL PASO COUNTY
TORNILLO WATER IMPROVEMENT DISTRICT. (a) This chapter may not be
construed as creating an obligation of the El Paso County Tornillo
Water Improvement District for a debt incurred by the district.
(b) Notwithstanding any other law, the El Paso County
Tornillo Water Improvement District may not be held liable for a
debt incurred by the district unless the debt is assumed by a
resolution of the board of directors of the El Paso County Tornillo
Water Improvement District.
SECTION 2. The Tornillo Management District initially
includes all the territory contained in the following area:
TRACT 1
Being the description of Tract 4B, Block 4 and Tract 4B, Block 7 and
Tracts 6C and 6C1, Block 11, Lower Valley Surveys and a portion of
M.R. Hemley Survey 428 and a portion of A.L. Daugherty Surveys 352
and 360, El Paso County, Texas and being more particularly
described by metes and bounds as follows:
COMMENCING FOR REFERENCE at a found county monument in the
centerline of State Highway 20 (100 feet wide) and another found
county monument bears, South 5430.00" East (bearing base), a
distance of 499.75 feet;
THENCE, N3254'03" East, a distance of 488.62 feet to a found old 2
inch iron pipe at the Southwest corner of said Tract 6C in the North
right-of-way line of the Southern Pacific Railroad (100 feet wide)
and POINT OF BEGINNING for the herein described tract;
THENCE, along the West line of said Tract 6C the following four (4)
courses:
North 2409'27" East, a distance of 168.61 feet to a
point and a found 1/2 inch rebar bears, North 7630'23" East,
7.33 feet; North 0040'00" East, a distance of 1857.00 feet to
a found old 2 1/2 inch iron pipe;
North 4456'56" West, a distance of 2220.93 feet to a set
1/2 inch rebar marked (Tx2027) at the most Westerly corner of
said Tract 6C;
North 4459'23" East, a distance of 6923.77 feet to a
found GLO brass cap marked (SC46,47,360) at the most
Northerly corner of said Tract 6C at an angle point in the
Southwesterly line of said Survey No. 360 in the Southerly
line of the Survey Day Survey No. 47;
THENCE, along said Southwesterly line of said Surveys 360 and 352
the following three (3) courses:
North 4457'13" East, a distance of 862.61 feet to a
found GLO brass cap marked (SC46, 360);
North 4502'47" West, a distance of 4844.74 feet to a
found GLO brass cap marked (SC352,46);
South 4457'13" West, a distance of 407.97 feet to a set
1/2 inch rebar marked (Tx2027);
THENCE, leaving said Southwesterly line of Survey No. 352, North
4356'22" West, a distance of 2716.19 feet to a set 1/2 inch rebar
marked (Tx2027) in the South right-of-way line of O.T. Smith Road;
THENCE, along said right-of-way line the following two (2) courses:
North 6308'09" East, a distance of 806.91 feet to a
found 5/8 inch rebar;
North 5443'47" East, a distance of 505.39 feet to a
found TxDOT concrete right-of-way marker in the West
right-of-way line of Interstate Highway 10;
THENCE, along said right-of-way line the following 21 courses:
N5723'43" East, a distance of 270.94 feet to a found
TxDOT concrete right-of-way marker;
North 7727'15" East, a distance of 450.39 feet to a
found TxDOT concrete right-of-way marker;
South 8212'57" East, a distance of 339.75 feet to a
found TxDOT concrete right-of-way marker;
South 4232'10" East, a distance of 996.75 feet to a
found TxDOT concrete right-of-way marker;
North 4733'38" East, a distance of 50.00 feet to a found
TxDOT concrete right-of-way marker;
South 4232'55" East, a distance of 73.66 feet to a
point; South 3730'08" East, a distance of 538.50 feet to a
found GLO brass cap Marked (SC352,428,13UT);
South 3731'43" East, a distance of 184.78 feet to a
found 2 inch iron pipe marked (S13,BLK L);
North 5228'02" East, a distance of 63.78 feet to a
point;
South 4232'55" East, a distance of 700.19 feet to a
found TxDOT concrete right-of-way marker;
South 4234'09" East, a distance of 804.14 feet to a
found TxDOT concrete right-of-way marker;
South 4230'46" East, a distance of 895.61 feet to a
found TxDOT concrete right-of-way marker;
South 4232'26" East, a distance of 999.72 feet to a
found TxDOT concrete right-of-way marker;
South 4233'51" East, a distance of 400.08 feet to a
found TxDOT concrete right-of-way marker;
South 4725'57" West, a distance of 100.05 feet to a
found TxDOT concrete right-of-way marker;
South 4233'32" East, a distance of 898.16 feet to a
found TxDOT concrete right-of-way marker;
South 4258'04" East, a distance of 184.64 feet to a
point;
South 4224'08" East, a distance of 158.89 feet to a
point;
South 4228'13" East, a distance of 1057.78 feet to a
found TxDOT concrete right-of-way marker;
North 4729'46" East, a distance of 100.05 feet to a
found TxDOT concrete right-of-way marker;
South 4232'23" East, a distance of 1199.72 feet to a
point; South 4232'35" East, a distance of 204.81 feet to a
found 1/2 inch rebar marked (Tx4690) at the Northeast corner
of a tract to McLeodusa Telecommunications Services, Inc.
(book 4000, page 90);
THENCE, along the North line of said McLeodusa tract, South
4727'25" West, a distance of 208.71 feet to a found 1/2 inch rebar
marked (Tx4690);
THENCE, along the West line of said McLeodusa tract, South 4232'35"
East, a distance of 417.42 feet to a found 1/2 inch rebar marked
(Tx4690);
THENCE, along the South line of said McLeodusa tract, North
4727'25" East, a distance of 208.71 feet to a found 1/2 inch rebar
marked (Tx2027) in said West right-of-way line of Interstate
Highway 10;
THENCE, along said right-of-way line the following two courses:
South 4232'18" East, a distance of 976.93 feet to a
found TxDOT concrete right-of-way marker;
South 4232'29" East, a distance of 876.88 feet to a
found 2 inch iron pipe;
THENCE, leaving said right-of-way line, South 4500'00" West, a
distance of 9393.85 feet to a set 1/2 inch rebar marked (Tx2027) at
the most Southerly corner of said Tract 6C in said Northerly
right-of-way line of the Southern Pacific Railroad;
THENCE, along said right-of-way line the following two (2) courses:
North 8730'00" West, a distance of 1468.13 feet to a
found 1/2 inch rebar at the beginning of a curve to the right;
Along the arc of said curve (Delta Angle = 0814'35",
Radius = 2191.83 feet, Chord = North 8322'42" West, 315.06
feet) a distance of 315.34 feet to the POINT OF BEGINNING and
containing 1,375.840 acres of land.
TRACT 2
Being the description of Tract 1A, Block 4, and Tract 1B, Block 7,
Lower Valley Surveys, El Paso County, Texas and being more
particularly described by metes and bounds as follows:
COMMENCING FOR REFERENCE at a found county monument in the
centerline of State Highway 20 (100 feet wide) and another county
monument bears, South 5430'00" East (bearing base), a distance of
499.75 feet;
THENCE, North 3617'25" East, a distance of 50.10 feet to the North
right-of-way line of said Highway 20;
THENCE, along said right-of-way line the following two (2) courses:
South 5430'00" East, a distance of 497.38 feet to a
found old concrete right-of-way marker;
South 5816'00' East, a distance of 763.50 feet to a set
1/2 inch rebar marked (Tx2027) at the Southwesterly corner of
said Tract 1B, Block 4 and POINT OF BEGINNING for the herein
described tract;
THENCE, along said right-of-way line, North 5816'00" West, a
distance of 41.10 feet to the Northwesterly corner of said Tract 1B;
THENCE, leaving said right-of-way line and along the Northerly line
of said Tract 1B the following two (2) courses:
North 4500'00" East, a distance of 594.73 feet;
North 4344'00" East, a distance of 454.28 feet to the
Northeasterly corner of said Tract 1B in the South
right-of-way line of the Southern Pacific Railroad (100 feet
wide);
THENCE, along said right-of-way line, South 8729'00" East, a
distance of 108.51 feet to the Southeasterly corner of said Tract
1B, Block 7;
THENCE, leaving said right-of-way line and along the Southerly line
of said Tract 1B the following two (2) courses;
South 4605'00" West, a distance of 527.55 feet;
South 4500'00" West, a distance of 580.58 feet to said
North right-of-way line of Highway 20;
THENCE, along said right-of-way line, North 5816'00" West, a
distance of 20.55 feet to the POINT OF BEGINNING and containing
1.599 acres of land.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
* * * * *