Texas 2009 - 81st Regular

Texas House Bill HB4814 Compare Versions

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1	1	81R24554 SJM-F
2	2	By: Woolley H.B. No. 4814
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers and duties of Harris County Improvement
8	8	District No. 1; providing authority to impose a tax and issue bonds.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 3818.002, Special District Local Laws
11	11	Code, is amended to read as follows:
12	12	Sec. 3818.002. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 1. A
13	13	special district known as the "Harris County Improvement District
14	14	No. 1" is a political subdivision of this state created under
15	15	Section 59, Article XVI, Texas Constitution.
16	16	SECTION 2. Section 3818.051, Special District Local Laws
17	17	Code, is amended by amending Subsection (d) and adding Subsection
18	18	(e) to read as follows:
19	19	(d) The commission shall [attempt to] appoint directors
20	20	from persons recommended by the board [to represent all
21	21	geographical areas and business interests in the district and shall
22	22	solicit input from the existing board concerning persons who would
23	23	be eligible to represent the various interests in the district].
24	24	(e) The board by resolution may change the number of
25	25	directors on the board, but only if the board determines that the
26	26	change is in the best interest of the district. The board may not
27	27	consist of fewer than 9 or more than 15 directors.
28	28	SECTION 3. Sections 3818.052(a) and (d), Special District
29	29	Local Laws Code, are amended to read as follows:
30	30	(a) A [Except as provided by Subsection (b), a] director
31	31	must meet the requirements provided by Section 375.063, Local
32	32	Government Code.
33	33	(d) A person who qualifies to serve on the board [under
34	34	Subsection (a) or (b)] is qualified to serve as a director and
35	35	participate in all votes pertaining to the business of the
36	36	district.
37	37	SECTION 4. Section 3818.054, Special District Local Laws
38	38	Code, is amended to read as follows:
39	39	Sec. 3818.054. VACANCY. The board [commission] by
40	40	appointment shall fill a vacancy on the board.
41	41	SECTION 5. Subchapter C, Chapter 3818, Special District
42	42	Local Laws Code, is amended by adding Sections 3818.110, 3818.111,
43	43	and 3818.112 to read as follows:
44	44	Sec. 3818.110. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT.
45	45	To protect the public interest, the district may contract with a
46	46	qualified party, including Harris County, the City of Houston, or
47	47	any licensed peace officer, for the provision of law enforcement
48	48	services in the district for a fee.
49	49	Sec. 3818.111. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
50	50	district may join and pay dues to a charitable or nonprofit
51	51	organization that performs a service or provides an activity
52	52	consistent with the furtherance of a district purpose.
53	53	Sec. 3818.112. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
54	54	district may establish and provide for the administration of one or
55	55	more programs to promote state or local economic development and to
56	56	stimulate business and commercial activity in the district,
57	57	including programs to:
58	58	(1) make loans and grants of public money; and
59	59	(2) provide district personnel and services.
60	60	(b) The district has all of the powers of a municipality
61	61	under Chapter 380, Local Government Code.
62	62	SECTION 6. Section 3818.201, Special District Local Laws
63	63	Code, is amended to read as follows:
64	64	Sec. 3818.201. NOTICE AND HEARING REQUIRED. The board may
65	65	finance a service or improvement project under this chapter with
66	66	assessments after:
67	67	(1) notice of a hearing has been given as required by
68	68	Section 3818.202; and
69	69	(2) the board holds a public hearing on the
70	70	advisability of the service or improvement and the proposed
71	71	assessments.
72	72	SECTION 7. Section 3818.202, Special District Local Laws
73	73	Code, is amended by adding Subsection (d) to read as follows:
74	74	(d) The district may mail the notice required by Section
75	75	375.115(c), Local Government Code, by certified or first class
76	76	United States mail. The board shall determine the method of notice.
77	77	SECTION 8. Section 3818.204, Special District Local Laws
78	78	Code, is amended to read as follows:
79	79	Sec. 3818.204. PETITION REQUIRED FOR FINANCING SERVICES AND
80	80	IMPROVEMENT PROJECTS. (a) The board may not finance a service or
81	81	improvement project under this chapter with assessments unless a
82	82	written petition requesting that service or improvement has been
83	83	filed with the board.
84	84	(b) The petition must be signed by:
85	85	(1) the owners of 50 percent of the assessed value of
86	86	the property in the district subject to assessment based on the most
87	87	recent certified county tax appraisal roll; or
88	88	(2) the owners of 50 percent or more of the surface
89	89	area of the district subject to assessment, excluding roads,
90	90	streets, highways, and utility rights-of-way, based on the most
91	91	recent certified county tax appraisal roll.
92	92	SECTION 9. Section 3818.205(a), Special District Local Laws
93	93	Code, is amended to read as follows:
94	94	(a) The district may impose an ad valorem tax, assessment,
95	95	or impact fee in accordance with Chapter 375, Local Government
96	96	Code, to provide an improvement or service for a project or activity
97	97	the district may acquire, construct, improve, or provide under this
98	98	chapter [if a written petition requesting that improvement or
99	99	service has been filed with the board].
100	100	SECTION 10. Subchapter E, Chapter 3818, Special District
101	101	Local Laws Code, is amended by adding Sections 3818.212, 3818.213,
102	102	3818.214, 3818.215, 3818.216, 3818.217, 3818.218, and 3818.219 to
103	103	read as follows:
104	104	Sec. 3818.212. DISBURSEMENTS AND TRANSFERS OF MONEY. The
105	105	board by resolution shall establish the number of directors'
106	106	signatures and the procedure required for a disbursement or
107	107	transfer of the district's money.
108	108	Sec. 3818.213. MONEY USED FOR IMPROVEMENTS OR SERVICES.
109	109	The district may acquire, construct, finance, operate, or maintain
110	110	any improvement or service authorized under this chapter or Chapter
111	111	375, Local Government Code, using any money available to the
112	112	district.
113	113	Sec. 3818.214. OPERATION AND MAINTENANCE TAX. (a) If
114	114	authorized at an election held in accordance with Section 3818.217,
115	115	the district may impose an operation and maintenance tax on taxable
116	116	property in the district in accordance with Section 49.107, Water
117	117	Code, for any district purpose, including to:
118	118	(1) maintain and operate the district;
119	119	(2) construct or acquire improvements; or
120	120	(3) provide a service.
121	121	(b) The board shall determine the tax rate. The rate may not
122	122	exceed the rate approved at the election.
123	123	(c) Section 49.107(h), Water Code, does not apply to the
124	124	district.
125	125	Sec. 3818.215. AUTHORITY TO BORROW MONEY AND TO ISSUE
126	126	BONDS. (a) The district may borrow money on terms and conditions
127	127	as determined by the board. Section 375.205, Local Government
128	128	Code, does not apply to a loan, line of credit, or other borrowing
129	129	from a bank or financial institution secured by revenue other than
130	130	ad valorem taxes.
131	131	(b) The district may issue by competitive bid or negotiated
132	132	sale bonds, notes, or other obligations payable wholly or partly
133	133	from ad valorem taxes, assessments, impact fees, revenue, contract
134	134	payments, grants, or other district money, or any combination of
135	135	those sources of money, to pay for any authorized district purpose.
136	136	(c) The limitation on the outstanding principal amount of
137	137	bonds, notes, and other obligations provided by Section 49.4645,
138	138	Water Code, does not apply to the district.
139	139	Sec. 3818.216. TAXES FOR BONDS. At the time the district
140	140	issues bonds payable wholly or partly from ad valorem taxes, the
141	141	board shall provide for the annual imposition of a continuing
142	142	direct ad valorem tax, without limit as to the rate or amount, while
143	143	all or part of the bonds are outstanding as required and in the
144	144	manner provided by Sections 54.601 and 54.602, Water Code.
145	145	Sec. 3818.217. ELECTIONS REGARDING TAXES AND BONDS. (a)
146	146	The district may issue, without an election, bonds, notes, and
147	147	other obligations secured by revenue other than ad valorem taxes.
148	148	(b) The district must hold an election in the manner
149	149	provided by Subchapter L, Chapter 375, Local Government Code, to
150	150	obtain voter approval before the district may impose an ad valorem
151	151	tax or issue bonds payable from ad valorem taxes.
152	152	(c) Section 375.243, Local Government Code, does not apply
153	153	to the district.
154	154	(d) All or part of any facilities or improvements that the
155	155	district may acquire by the issuance of district bonds may be
156	156	submitted as a single proposition or as several propositions to be
157	157	voted on at the election.
158	158	Sec. 3818.218. COMPETITIVE BIDDING. Subchapter I, Chapter
159	159	49, Water Code, applies to the district. Subchapter K, Chapter 375,
160	160	Local Government Code, does not apply to the district.
161	161	Sec. 3818.219. TAX AND ASSESSMENT ABATEMENTS. The district
162	162	may grant in the manner authorized by Chapter 312, Tax Code, an
163	163	abatement for a tax or assessment owed to the district.
164	164	SECTION 11. The following provisions of the Special
165	165	District Local Laws Code are repealed:
166	166	(1) Section 3818.052(b);
167	167	(2) Section 3818.053;
168	168	(3) Section 3818.151(b);
169	169	(4) Section 3818.205(b); and
170	170	(5) Section 3818.208.
171	171	SECTION 12. (a) The legislature validates and confirms all
172	172	governmental acts and proceedings of the board of directors of the
173	173	Harris County Improvement District No. 1 that were taken before the
174	174	effective date of this Act.
175	175	(b) Subsection (a) does not apply to any matter that on the
176	176	effective date of this Act:
177	177	(1) is involved in litigation if the litigation
178	178	ultimately results in the matter being held invalid by a final
179	179	judgment of a court; or
180	180	(2) has been held invalid by a final judgment of a
181	181	court.
182	182	SECTION 13. (a) The legal notice of the intention to
183	183	introduce this Act, setting forth the general substance of this
184	184	Act, has been published as provided by law, and the notice and a
185	185	copy of this Act has been furnished to all persons, agencies,
186	186	officials, or entities to which they are required to be furnished
187	187	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
188	188	Government Code.
189	189	(b) The governor, one of the required recipients, has
190	190	submitted the notice and Act to the Texas Commission on
191	191	Environmental Quality.
192	192	(c) The Texas Commission on Environmental Quality has filed
193	193	its recommendations relating to this Act with the governor,
194	194	lieutenant governor, and speaker of the house of representatives
195	195	within the required time.
196	196	(d) All requirements of the constitution and laws of this
197	197	state and the rules and procedures of the legislature with respect
198	198	to notice, introduction, and passage of this Act have been
199	199	fulfilled and accomplished.
200	200	SECTION 14. This Act takes effect immediately if it
201	201	receives a vote of two-thirds of all the members elected to each
202	202	house, as provided by Section 39, Article III, Texas Constitution.
203	203	If this Act does not receive the vote necessary for immediate
204	204	effect, this Act takes effect September 1, 2009.