Texas 2009 - 81st Regular

Texas House Bill HB4769 Compare Versions

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1	1	81R22532 GCB-F
2	2	By: Brown of Kaufman H.B. No. 4769
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers and duties of the Lake View Management and
8	8	Development District; providing authority to impose a tax and issue
9	9	bonds; granting certain powers relating to navigation
10	10	improvements; and granting powers of a road district.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 3828.053, Special District Local Laws
13	13	Code, is amended to read as follows:
14	14	Sec. 3828.053. VACANCY. (a) The remaining directors shall
15	15	fill a vacancy on the board by appointing a person who meets the
16	16	qualifications prescribed by Section 3828.052.
17	17	(b) If there are fewer than three directors, on petition by
18	18	the owner or owners of a majority of the assessed value of the real
19	19	property in the district according to the most recent certified tax
20	20	appraisal roll for Henderson County, the Commissioners Court of
21	21	Henderson County shall appoint the necessary number of directors to
22	22	fill all board vacancies.
23	23	SECTION 2. Subchapter B, Chapter 3828, Special District
24	24	Local Laws Code, is amended by adding Section 3828.0535 to read as
25	25	follows:
26	26	Sec. 3828.0535. VOTING REQUIREMENT. A concurrence of a
27	27	majority of the total membership of the board is sufficient for
28	28	transacting any business of the district.
29	29	SECTION 3. Section 3828.055, Special District Local Laws
30	30	Code, is amended to read as follows:
31	31	Sec. 3828.055. OFFICERS. The board shall elect from among
32	32	the directors a presiding officer, a vice presiding officer, [and]
33	33	a secretary, and any other officers the board considers necessary.
34	34	SECTION 4. Section 3828.101, Special District Local Laws
35	35	Code, is amended to read as follows:
36	36	Sec. 3828.101. GENERAL POWERS AND DUTIES. The district has
37	37	the powers and duties provided by:
38	38	(1) the general laws relating to conservation and
39	39	reclamation districts created under Section 59, Article XVI, Texas
40	40	Constitution, including Chapters 49 and 54, Water Code, except that
41	41	the district's bonds and other securities are not subject to the
42	42	jurisdiction or supervision of the commission under Chapter 49,
43	43	Water Code, or other law;
44	44	(2) the general laws relating to road districts and
45	45	road utility districts created under Section 52(b), Article III,
46	46	Texas Constitution, including Chapters 257 and [Chapter] 441,
47	47	Transportation Code;
48	48	(3) Chapter 372, Local Government Code, in the same
49	49	manner as a municipality or a county;
50	50	(4) Chapter 375, Local Government Code; and
51	51	(5) Chapter 505, Local Government Code.
52	52	SECTION 5. Section 3828.102, Special District Local Laws
53	53	Code, is amended to read as follows:
54	54	Sec. 3828.102. IMPROVEMENT PROJECTS. The district may
55	55	provide, or it may enter into contracts with a governmental or
56	56	private entity to provide, the following types of improvement
57	57	projects or activities in support of or incidental to those
58	58	projects:
59	59	(1) a retail or wholesale water treatment, supply, and
60	60	distribution facility or system to provide potable and nonpotable
61	61	water to the residents and businesses of the district, including a
62	62	wastewater and sewerage collection and treatment facility or
63	63	system, provided that treated effluent water resulting from a
64	64	sewerage treatment facility operated by or in the district may be
65	65	used by the district for irrigation in the district;
66	66	(2) septic tank maintenance services inside or outside
67	67	the district and solid waste disposal services if the board
68	68	determines the action to be necessary and appropriate to protect
69	69	the district;
70	70	(3) a macadamized, graveled, or paved road, street, or
71	71	turnpike, inside and outside the district to the extent authorized
72	72	by Section 52, Article III, Texas Constitution;
73	73	(4) the planning, design, construction, improvement,
74	74	and maintenance of:
75	75	(A) landscaping;
76	76	(B) highway right-of-way or transit corridor
77	77	beautification and improvement;
78	78	(C) lighting, banners, and signs;
79	79	(D) a street or sidewalk;
80	80	(E) a hiking and cycling path or trail;
81	81	(F) a pedestrian walkway, skywalk, crosswalk, or
82	82	tunnel;
83	83	(G) a park, lake, garden, recreational facility,
84	84	sports facility, open space, scenic area, or related exhibit or
85	85	preserve;
86	86	(H) a fountain, plaza, or pedestrian mall; or
87	87	(I) a drainage or storm-water detention
88	88	improvement;
89	89	(5) protection and improvement of the quality of storm
90	90	water that flows through the district;
91	91	(6) the planning, design, construction, improvement,
92	92	maintenance, and operation of:
93	93	(A) a solid waste, water, sewer, or power
94	94	facility or service, including an electrical, gas, steam, or
95	95	chilled water facility; or
96	96	(B) an off-street parking facility or heliport;
97	97	(7) the planning and acquisition of:
98	98	(A) public art and sculpture and related exhibits
99	99	and facilities; or
100	100	(B) an educational and cultural exhibit or
101	101	facility;
102	102	(8) the planning, design, construction, acquisition,
103	103	lease, rental, improvement, maintenance, installation, and
104	104	management of and provision of furnishings for a facility for:
105	105	(A) a conference, convention, or exhibition;
106	106	(B) a manufacturer, consumer, or trade show;
107	107	(C) a civic, community, or institutional event;
108	108	or
109	109	(D) an exhibit, display, attraction, special
110	110	event, or seasonal or cultural celebration or holiday;
111	111	(9) the removal, razing, demolition, or clearing of
112	112	land or improvements in connection with an improvement project;
113	113	(10) the acquisition and improvement of land or other
114	114	property for the mitigation of the environmental effects of an
115	115	improvement project;
116	116	(11) the acquisition of property or an interest in
117	117	property in connection with an authorized improvement project;
118	118	(12) a special or supplemental service for the
119	119	improvement and promotion of the district or an area adjacent to the
120	120	district or for the protection of public health and safety in or
121	121	adjacent to the district, including:
122	122	(A) advertising;
123	123	(B) promotion;
124	124	(C) tourism;
125	125	(D) health and sanitation;
126	126	(E) public safety;
127	127	(F) security;
128	128	(G) fire protection or emergency medical
129	129	services;
130	130	(H) business recruitment;
131	131	(I) development;
132	132	(J) elimination of traffic congestion; and
133	133	(K) recreational, educational, or cultural
134	134	improvements, enhancements, and services; [or]
135	135	(13) a canal, waterway, bulkhead, or dock, inside or
136	136	outside the district's boundaries, that is necessary to, incidental
137	137	to, or in aid of the navigation of inland water;
138	138	(14) a floodplain or wetlands regulation project,
139	139	including the acquisition of necessary local, state, or federal
140	140	permits; or
141	141	(15) any similar public improvement, facility, or
142	142	service.
143	143	SECTION 6. Section 3828.151, Special District Local Laws
144	144	Code, is amended to read as follows:
145	145	Sec. 3828.151. GENERAL POWERS REGARDING FINANCIAL MATTERS.
146	146	The district may:
147	147	(1) impose an ad valorem tax [in accordance with
148	148	Chapter 375, Local Government Code,] on all taxable property in the
149	149	district;
150	150	(2) impose an assessment or impact fee in the manner
151	151	provided for a municipality or county under Chapter 372, Local
152	152	Government Code, on all industrial, commercial, and residential
153	153	property in the district;
154	154	(3) impose and apply the proceeds from a sales and use
155	155	tax, and a hotel occupancy tax, as authorized by this chapter;
156	156	(4) impose a rate, fee, or charge for the use of an
157	157	improvement project or the consumption of a product resulting from
158	158	an improvement project;
159	159	(5) borrow money for a district purpose by issuing or
160	160	executing bonds, notes, credit agreements, or other obligations of
161	161	any kind found by the board to be necessary or appropriate for the
162	162	district purpose;
163	163	(6) establish, revise, repeal, enforce, collect, and
164	164	apply the proceeds from a user fee or charge for the enjoyment,
165	165	sale, rental, or other use of a district facility, service,
166	166	property, or improvement project;
167	167	(7) provide or secure the payment or repayment of the
168	168	costs and expenses of the establishment, administration, and
169	169	operation of the district and the district's costs or share of the
170	170	costs of an improvement project or district contractual obligation
171	171	or indebtedness by or through a lease, installment purchase
172	172	contract, or other agreement with any person, or the imposition of
173	173	taxes, user fees, concessions, rentals, or other revenues or
174	174	resources of the district;
175	175	(8) establish user charges related to the operation of
176	176	various public services, including public water supply services,
177	177	for the collection and treatment of wastewater, and for the
178	178	operation of storm-water facilities, including the regulation of
179	179	storm water for the protection of water quality in the district, and
180	180	for the provision of septic tank maintenance services inside and
181	181	outside the district;
182	182	(9) undertake separately or jointly with other persons
183	183	all or part of the cost of an improvement project, including an
184	184	improvement project:
185	185	(A) for improving, enhancing, and supporting
186	186	public safety and security, fire protection and emergency medical
187	187	services, and law enforcement in and adjacent to the district; or
188	188	(B) that confers a general benefit on the entire
189	189	district or a special benefit on a definable part of the district;
190	190	and
191	191	(10) enter into a tax abatement agreement in
192	192	accordance with the general laws of this state authorizing and
193	193	applicable to tax abatement agreements by municipalities.
194	194	SECTION 7. (a) All governmental and proprietary actions of
195	195	the Lake View Management and Development District taken before the
196	196	effective date of this Act are validated, ratified, and confirmed
197	197	in all respects as if the actions had been taken as authorized by
198	198	law.
199	199	(b) This section does not apply to any matter that on the
200	200	effective date of this Act:
201	201	(1) is involved in litigation if the litigation
202	202	ultimately results in the matter being held invalid by a final court
203	203	judgment; or
204	204	(2) has been held invalid by a final court judgment.
205	205	SECTION 8. The legislature finds that:
206	206	(1) proper and legal notice of the intention to
207	207	introduce this Act, setting forth the general substance of this
208	208	Act, has been published as provided by law, and the notice and a
209	209	copy of this Act have been furnished to all persons, agencies,
210	210	officials, or entities to which they are required to be furnished by
211	211	the constitution and laws of this state, including the governor,
212	212	who has submitted the notice and Act to the Texas Commission on
213	213	Environmental Quality;
214	214	(2) the Texas Commission on Environmental Quality has
215	215	filed its recommendations relating to this Act with the governor,
216	216	lieutenant governor, and speaker of the house of representatives
217	217	within the required time; and
218	218	(3) all requirements of the constitution and laws of
219	219	this state and the rules and procedures of the legislature with
220	220	respect to the notice, introduction, and passage of this Act have
221	221	been fulfilled and accomplished.
222	222	SECTION 9. This Act takes effect immediately if it receives
223	223	a vote of two-thirds of all the members elected to each house, as
224	224	provided by Section 39, Article III, Texas Constitution. If this
225	225	Act does not receive the vote necessary for immediate effect, this
226	226	Act takes effect September 1, 2009.