Texas 2009 - 81st Regular

Texas House Bill HB4771 Compare Versions

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1	1	H.B. No. 4771
2	2
3	3
4	4	AN ACT
5	5	relating to the powers and duties of Harris County Improvement
6	6	District No. 5; providing authority to impose a tax and issue bonds.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Subchapter C, Chapter 3834, Special District
9	9	Local Laws Code, is amended by adding Sections 3834.110, 3834.111,
10	10	and 3834.112 to read as follows:
11	11	Sec. 3834.110. ANNEXATION OR EXCLUSION OF LAND. (a) The
12	12	district may annex land as provided by Subchapter J, Chapter 49,
13	13	Water Code.
14	14	(b) The district may exclude land as provided by Subchapter
15	15	J, Chapter 49, Water Code. Section 375.044(b), Local Government
16	16	Code, does not apply to the district.
17	17	Sec. 3834.111. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
18	18	district may establish and provide for the administration of one or
19	19	more programs to promote state or local economic development and to
20	20	stimulate business and commercial activity in the district,
21	21	including programs to:
22	22	(1) make loans and grants of public money; and
23	23	(2) provide district personnel and services.
24	24	(b) The district has all of the powers of a municipality
25	25	under Chapter 380, Local Government Code.
26	26	Sec. 3834.112. TAX INCREMENT REINVESTMENT ZONES. (a) The
27	27	district is authorized to establish and implement tax increment
28	28	reinvestment zones as provided in Chapter 311, Tax Code, in the same
29	29	manner as a municipality.
30	30	(b) All or any part of the district may be included in a tax
31	31	increment reinvestment zone, regardless of the percentage of total
32	32	value the land represents to the district as a whole, or whether the
33	33	land is used for residential purposes.
34	34	(c) Section 311.006, Tax Code, does not apply to a
35	35	reinvestment zone that contains land within the district.
36	36	SECTION 2. Section 3834.156(b), Special District Local Laws
37	37	Code, is amended to read as follows:
38	38	(b) The district may borrow money according to terms and
39	39	conditions determined by the board. Section 375.205, Local
40	40	Government Code, does not apply to a loan, line of credit, or other
41	41	borrowing from a bank or financial institution secured by revenue
42	42	other than ad valorem taxes. [In exercising the district's power
43	43	to borrow, the district may issue a bond or other obligation in the
44	44	form of a bond, note, certificate of participation or other
45	45	instrument evidencing a proportionate interest in payments to be
46	46	made by the district, or other type of obligation.]
47	47	SECTION 3. Section 3834.159, Special District Local Laws
48	48	Code, is amended to read as follows:
49	49	Sec. 3834.159. COMPETITIVE BIDDING. Section 375.221, Local
50	50	Government Code, applies to the district only for a contract that
51	51	has a value greater than $50,000 [$25,000].
52	52	SECTION 4. Chapter 3834, Special District Local Laws Code,
53	53	is amended by adding Subchapter F to read as follows:
54	54	SUBCHAPTER F. TAXES FOR CERTAIN DEFINED AREAS AND DESIGNATED
55	55	PROPERTY
56	56	Sec. 3834.251. AUTHORITY TO ESTABLISH DEFINED AREAS OR
57	57	DESIGNATED PROPERTY. The district may define areas or designate
58	58	certain property of the district to pay for improvements,
59	59	facilities, or services that primarily benefit that area or
60	60	property and do not generally and directly benefit the district as a
61	61	whole.
62	62	Sec. 3834.252. PROCEDURE FOR ELECTION. (a) Before the
63	63	district may impose an ad valorem tax or issue bonds payable from ad
64	64	valorem taxes of the area defined or property designated under
65	65	Section 3834.251, the board must call and hold an election as
66	66	provided by Section 3834.157 only in the defined area or in the
67	67	boundaries of the designated property.
68	68	(b) The board may submit the proposition to the voters on
69	69	the same ballot to be used in another election.
70	70	Sec. 3834.253. DECLARING RESULT AND ISSUING ORDER. (a) If
71	71	a majority of the voters voting at the election approve the
72	72	proposition or propositions, the board shall declare the results
73	73	and by order shall establish the defined area and describe it by
74	74	metes and bounds or designate the specific property.
75	75	(b) A court may not review the board's order except on the
76	76	ground of fraud, palpable error, or arbitrary and confiscatory
77	77	abuse of discretion.
78	78	Sec. 3834.254. TAXES FOR SERVICES, IMPROVEMENTS, AND
79	79	FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On voter
80	80	approval and adoption of the order described in Section 3834.253,
81	81	the district may apply separately, differently, equitably, and
82	82	specifically its taxing power and lien authority to the defined
83	83	area or designated property to provide money to construct,
84	84	administer, maintain, and operate services, improvements, and
85	85	facilities that primarily benefit the defined area or designated
86	86	property.
87	87	Sec. 3834.255. ISSUANCE OF BONDS AND IMPOSITION OF TAXES
88	88	FOR DEFINED AREA OR DESIGNATED PROPERTY. After the order under
89	89	Section 3834.253 is adopted, the district may issue bonds to
90	90	provide for any land, improvements, facilities, plants, equipment,
91	91	and appliances for the defined area or designated property.
92	92	SECTION 5. (a) The legislature validates and confirms all
93	93	acts and proceedings of the Board of Directors of Harris County
94	94	Improvement District No. 5 that were taken before the effective
95	95	date of this Act.
96	96	(b) Subsection (a) of this section does not apply to any
97	97	matter that on the effective date of this Act:
98	98	(1) is involved in litigation if the litigation
99	99	ultimately results in the matter being held invalid by a final
100	100	judgment of a court; or
101	101	(2) has been held invalid by a final judgment of a
102	102	court.
103	103	SECTION 6. (a) The legal notice of the intention to
104	104	introduce this Act, setting forth the general substance of this
105	105	Act, has been published as provided by law, and the notice and a
106	106	copy of this Act have been furnished to all persons, agencies,
107	107	officials, or entities to which they are required to be furnished
108	108	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
109	109	Government Code.
110	110	(b) The governor, one of the required recipients, has
111	111	submitted the notice and Act to the Texas Commission on
112	112	Environmental Quality.
113	113	(c) The Texas Commission on Environmental Quality has filed
114	114	its recommendations relating to this Act with the governor,
115	115	lieutenant governor, and speaker of the house of representatives
116	116	within the required time.
117	117	(d) The general law relating to consent by political
118	118	subdivisions to the creation of districts with conservation,
119	119	reclamation, and road powers and the inclusion of land in those
120	120	districts has been complied with.
121	121	(e) All requirements of the constitution and laws of this
122	122	state and the rules and procedures of the legislature with respect
123	123	to the notice, introduction, and passage of this Act have been
124	124	fulfilled and accomplished.
125	125	SECTION 7. This Act takes effect immediately if it receives
126	126	a vote of two-thirds of all the members elected to each house, as
127	127	provided by Section 39, Article III, Texas Constitution. If this
128	128	Act does not receive the vote necessary for immediate effect, this
129	129	Act takes effect September 1, 2009.
130	130	______________________________ ______________________________
131	131	President of the Senate Speaker of the House
132	132	I certify that H.B. No. 4771 was passed by the House on May
133	133	15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
134	134	voting.
135	135	______________________________
136	136	Chief Clerk of the House
137	137	I certify that H.B. No. 4771 was passed by the Senate on May
138	138	27, 2009, by the following vote: Yeas 31, Nays 0.
139	139	______________________________
140	140	Secretary of the Senate
141	141	APPROVED: _____________________
142	142	Date
143	143	_____________________
144	144	Governor