Texas 2009 - 81st Regular

Texas House Bill HB4829 Compare Versions

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1	1	H.B. No. 4829
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Harris County Improvement District
6	6	No. 17; providing authority to impose an assessment, impose a tax,
7	7	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 3891 to read as follows:
11	11	CHAPTER 3891. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 17
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 3891.001. DEFINITIONS. In this chapter:
14	14	(1) "Board" means the district's board of directors.
15	15	(2) "Director" means a board member.
16	16	(3) "District" means the Harris County Improvement
17	17	District No. 17.
18	18	Sec. 3891.002. NATURE OF DISTRICT. The Harris County
19	19	Improvement District No. 17 is a special district created under
20	20	Section 59, Article XVI, Texas Constitution.
21	21	Sec. 3891.003. PURPOSE; DECLARATION OF INTENT. (a) The
22	22	creation of the district is essential to accomplish the purposes of
23	23	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
24	24	Texas Constitution, and other public purposes stated in this
25	25	chapter. By creating the district and in authorizing the City of
26	26	Houston, Harris County, and other political subdivisions to
27	27	contract with the district, the legislature has established a
28	28	program to accomplish the public purposes set out in Section 52-a,
29	29	Article III, Texas Constitution.
30	30	(b) The creation of the district is necessary to promote,
31	31	develop, encourage, and maintain employment, commerce,
32	32	transportation, housing, tourism, recreation, the arts,
33	33	entertainment, economic development, safety, and the public
34	34	welfare in the district.
35	35	(c) This chapter and the creation of the district may not be
36	36	interpreted to relieve Harris County from providing the level of
37	37	services provided, as of the effective date of the Act enacting this
38	38	chapter, to the area in the district. The district is created to
39	39	supplement and not to supplant the county services provided in the
40	40	area in the district.
41	41	Sec. 3891.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
42	42	The district is created to serve a public use and benefit.
43	43	(b) All land and other property included in the district
44	44	will benefit from the improvements and services to be provided by
45	45	the district under powers conferred by Sections 52 and 52-a,
46	46	Article III, and Section 59, Article XVI, Texas Constitution, and
47	47	other powers granted under this chapter.
48	48	(c) The creation of the district is in the public interest
49	49	and is essential to:
50	50	(1) further the public purposes of developing and
51	51	diversifying the economy of the state;
52	52	(2) eliminate unemployment and underemployment; and
53	53	(3) develop or expand transportation and commerce.
54	54	(d) The district will:
55	55	(1) promote the health, safety, and general welfare of
56	56	residents, employers, employees, potential employees, visitors,
57	57	and consumers in the district, and of the public;
58	58	(2) provide needed funding for the district to
59	59	preserve, maintain, and enhance the economic health and vitality of
60	60	the district territory as a community and business center;
61	61	(3) promote the health, safety, welfare, and enjoyment
62	62	of the public by providing pedestrian ways and by landscaping and
63	63	developing certain areas in the district, which are necessary for
64	64	the restoration, preservation, and enhancement of scenic beauty;
65	65	and
66	66	(4) provide for water, wastewater, drainage, road,
67	67	and recreational facilities for the district.
68	68	(e) Pedestrian ways along or across a street, whether at
69	69	grade or above or below the surface, and street lighting, street
70	70	landscaping, parking, and street art objects are parts of and
71	71	necessary components of a street and are considered to be a street
72	72	or road improvement.
73	73	(f) The district will not act as the agent or
74	74	instrumentality of any private interest even though the district
75	75	will benefit many private interests as well as the public.
76	76	Sec. 3891.005. INITIAL DISTRICT TERRITORY. (a) The
77	77	district is initially composed of the territory described by
78	78	Section 2 of the Act enacting this chapter.
79	79	(b) The boundaries and field notes contained in Section 2 of
80	80	the Act enacting this chapter form a closure. A mistake in the
81	81	field notes or in copying the field notes in the legislative process
82	82	does not affect the district's:
83	83	(1) organization, existence, or validity;
84	84	(2) right to issue any type of bond for the purposes
85	85	for which the district is created or to pay the principal of and
86	86	interest on the bond;
87	87	(3) right to impose or collect an assessment or tax; or
88	88	(4) legality or operation.
89	89	Sec. 3891.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
90	90	All or any part of the area of the district is eligible to be
91	91	included in:
92	92	(1) a tax increment reinvestment zone created under
93	93	Chapter 311, Tax Code;
94	94	(2) a tax abatement reinvestment zone created under
95	95	Chapter 312, Tax Code; or
96	96	(3) an enterprise zone created under Chapter 2303,
97	97	Government Code.
98	98	Sec. 3891.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
99	99	DISTRICTS LAW. Except as otherwise provided by this chapter,
100	100	Chapter 375, Local Government Code, applies to the district.
101	101	[Sections 3891.008-3891.050 reserved for expansion]
102	102	SUBCHAPTER B. BOARD OF DIRECTORS
103	103	Sec. 3891.051. GOVERNING BODY; TERMS. The district is
104	104	governed by a board of five directors who serve staggered terms of
105	105	four years, with two or three directors' terms expiring June 1 of
106	106	each odd-numbered year.
107	107	Sec. 3891.052. APPOINTMENT OF DIRECTORS. (a) The board
108	108	shall recommend to the Harris County Commissioners Court persons to
109	109	serve on the succeeding board.
110	110	(b) After reviewing the board's recommendations of persons
111	111	to serve on the succeeding board, the commissioners court shall
112	112	appoint as directors or disapprove the recommended persons.
113	113	(c) If the governing body of the City of Houston objects to
114	114	any of the board's recommendations of persons to serve on the
115	115	succeeding board, the board, on the request of the commissioners
116	116	court, shall submit additional recommendations.
117	117	(d) Board members may serve successive terms.
118	118	(e) If any provision of Subsections (a) through (d) is found
119	119	to be invalid, the Texas Commission on Environmental Quality shall
120	120	appoint the succeeding board from recommendations of persons to
121	121	serve on the succeeding board submitted by the board.
122	122	Sec. 3891.053. ELIGIBILITY. To be eligible to serve as a
123	123	director, a person must meet the qualifications in Section 375.063,
124	124	Local Government Code.
125	125	Sec. 3891.054. INITIAL DIRECTORS. (a) The initial board
126	126	consists of the following voting directors:
127	127	Pos. No. Name of Director
128	128	1 Joe Bullard
129	129	2 Hollis Bullard
130	130	3 Tim Culp
131	131	4 Joe Fogarty
132	132	5 Art DePue
133	133	(b) Of the initial directors, the terms of three directors
134	134	expire June 1, 2011, and the terms of two directors expire June 1,
135	135	2013. The initial directors shall draw lots to determine which two
136	136	directors' terms expire June 1, 2013.
137	137	(c) Section 3891.052 does not apply to this section.
138	138	(d) This section expires September 1, 2014.
139	139	[Sections 3891.055-3891.100 reserved for expansion]
140	140	SUBCHAPTER C. POWERS AND DUTIES
141	141	Sec. 3891.101. GENERAL POWERS AND DUTIES. The district has
142	142	the powers and duties necessary to accomplish the purposes for
143	143	which the district is created.
144	144	Sec. 3891.102. MUNICIPAL MANAGEMENT POWERS AND DUTIES. The
145	145	district has the powers and duties provided by the general laws of
146	146	this state, including Chapter 375, Local Government Code,
147	147	applicable to a municipal management district created under
148	148	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
149	149	Texas Constitution.
150	150	Sec. 3891.103. DEVELOPMENT CORPORATION POWERS. The
151	151	district may exercise the powers given to a development corporation
152	152	under Chapter 505, Local Government Code.
153	153	Sec. 3891.104. SPORTS VENUE. The district may construct,
154	154	acquire, improve, maintain, and operate a sports venue, including
155	155	an arena, coliseum, stadium, or other type of area or facility used
156	156	for one or more professional or amateur sports or athletic events.
157	157	Sec. 3891.105. AGREEMENTS; GRANTS. The district may make
158	158	an agreement with or accept a gift, grant, or loan from any person.
159	159	Sec. 3891.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
160	160	district may join and pay dues to a charitable or nonprofit
161	161	organization that performs a service or provides an activity
162	162	consistent with the furtherance of a district purpose.
163	163	Sec. 3891.107. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
164	164	district may establish and provide for the administration of one or
165	165	more programs to promote state or local economic development and to
166	166	stimulate business and commercial activity in the district.
167	167	(b) The district has all of the economic development
168	168	authority that:
169	169	(1) Chapter 380, Local Government Code, grants to a
170	170	municipality with a population of more than 100,000; and
171	171	(2) Chapter 1509, Government Code, grants to a
172	172	municipality.
173	173	Sec. 3891.108. NO EMINENT DOMAIN. The district may not
174	174	exercise the power of eminent domain.
175	175	[Sections 3891.109-3891.150 reserved for expansion]
176	176	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
177	177	Sec. 3891.151. OPERATION AND MAINTENANCE TAX. (a) If
178	178	authorized at an election held in accordance with Section 3891.158,
179	179	the district may impose an annual operation and maintenance tax on
180	180	taxable property in the district in accordance with Section 49.107,
181	181	Water Code, for any district purpose, including to:
182	182	(1) maintain and operate the district;
183	183	(2) construct or acquire improvements; or
184	184	(3) provide a service.
185	185	(b) The board shall determine the tax rate. The rate may not
186	186	exceed the rate approved at the election.
187	187	Sec. 3891.152. CONTRACT TAXES. (a) In accordance with
188	188	Section 49.108, Water Code, the district may impose a tax other than
189	189	an operation and maintenance tax and use the revenue derived from
190	190	the tax to make payments under a contract after the provisions of
191	191	the contract have been approved by a majority of the district voters
192	192	voting at an election held for that purpose.
193	193	(b) A contract approved by the district voters may contain a
194	194	provision stating that the contract may be modified or amended by
195	195	the board without further voter approval.
196	196	Sec. 3891.153. AUTHORITY TO ISSUE BONDS AND OTHER
197	197	OBLIGATIONS. The district may issue bonds, notes, or other
198	198	obligations payable wholly or partly from ad valorem taxes, sales
199	199	and use taxes, assessments, impact fees, revenue, contract
200	200	payments, grants, or other district money, or any combination of
201	201	those sources of money, to pay for any authorized district purpose.
202	202	Sec. 3891.154. HOTEL OCCUPANCY TAX. (a) The district may
203	203	impose a hotel occupancy tax in the manner that Chapter 351, Tax
204	204	Code, provides for a municipality.
205	205	(b) A tax imposed under this section may not exceed the
206	206	maximum rate under Section 351.003(a), Tax Code.
207	207	Sec. 3891.155. SALES AND USE TAX. (a) The district may
208	208	impose a sales and use tax if authorized by a majority of the voters
209	209	of the district voting at an election held for that purpose.
210	210	Revenue from the tax may be used for any district purpose for which
211	211	ad valorem tax revenue is used.
212	212	(b) The district may not impose a sales and use tax if as a
213	213	result of the imposition of the tax the combined rate of all sales
214	214	and use taxes imposed by the district and other political
215	215	subdivisions of this state having territory in the district would
216	216	exceed the amount allowable by law at any location in the district.
217	217	(c) If the voters of the district approve the adoption of
218	218	the tax at an election held on the same election date on which
219	219	another political subdivision adopts a sales and use tax or
220	220	approves an increase in the rate of its sales and use tax and as a
221	221	result the combined rate of all sales and use taxes imposed by the
222	222	district and other political subdivisions of this state having
223	223	territory in the district would exceed the amount allowable by law
224	224	at any location in the district, the election to adopt a sales and
225	225	use tax under this chapter has no effect.
226	226	(d) Except as otherwise provided by this chapter, Chapter
227	227	321, Tax Code, applies to the imposition, computation,
228	228	administration, enforcement, and collection of the sales and use
229	229	tax imposed by this section.
230	230	Sec. 3891.156. TAXES FOR BONDS. At the time the district
231	231	issues bonds payable wholly or partly from ad valorem taxes, the
232	232	board shall provide for the annual imposition of an ad valorem tax,
233	233	without limit as to rate or amount, while all or part of the bonds
234	234	are outstanding as required and in the manner provided by Sections
235	235	54.601 and 54.602, Water Code.
236	236	Sec. 3891.157. BONDS FOR ROAD PROJECTS. At the time of
237	237	issuance the total principal amount of bonds or other obligations
238	238	incurred to finance a road project may not exceed one-fourth of the
239	239	assessed value of real property in the district.
240	240	Sec. 3891.158. ELECTIONS REGARDING TAXES AND BONDS. (a)
241	241	The district may issue, without an election, bonds, notes, and
242	242	other obligations secured by revenue or contract payments from any
243	243	source other than ad valorem taxes.
244	244	(b) The district must hold an election in the manner
245	245	provided by Chapters 49 and 54, Water Code, to obtain voter approval
246	246	before the district may impose an ad valorem tax or issue bonds
247	247	payable from ad valorem taxes.
248	248	(c) The district may not issue bonds payable from ad valorem
249	249	taxes to finance a road project unless the issuance is approved by a
250	250	vote of a two-thirds majority of the district voters voting at an
251	251	election held for that purpose.
252	252	SECTION 2. The Harris County Improvement District No. 17
253	253	initially includes all the territory contained in the following
254	254	area:
255	255	BEING 606.1394 acres of land out of a 644.0794 acre tract, that same
256	256	tract described in a deed filed for record July 06, 1933 in Volume
257	257	932, Page 98, Deed Records, Harris County, Texas, from John D. Reid,
258	258	et al, to Humble Oil and Refining Company, all of the Chauncy
259	259	Goodrich Survey Number 776, Patent 466, Volume 1, Abstract 305,
260	260	containing 640 acres more or less in Harris County, Texas; said
261	261	606.1394 acres more fully described as follows: BEGINNING at a 12
262	262	inch diameter wood fence post found in the West line of the Sam
263	263	Lewis Survey, Abstract 1704, the Southeast corner of the J. M.
264	264	Hooper Survey, Abstract 375 and the Northeast corner of the Chauncy
265	265	Goodrich Survey; THENCE South 00 19' 00" East, with the West line of
266	266	the Lewis Survey, a distance of 1005.00 feet to a point for the most
267	267	Easterly Northeast corner of that certain 9.26 acre tract, conveyed
268	268	to Humble Oil and Refining Company from Magnolia Petroleum Company,
269	269	by deed filed for record in Volume 1063, Page 557, Deed Records,
270	270	Harris County, Texas; THENCE North 29 36' 00" West, a distance of
271	271	206.4 feet to a point for corner in the North line of said 9.26 acres
272	272	;THENCE South 89 41' 00" West, a distance of 449.00 feet to a point
273	273	in the East line of that certain 28.68 acre tract conveyed to Humble
274	274	Oil and Refining Company from Socony Mobil Oil Company,
275	275	Incorporation, by deed filed for record in Volume 6028, Page 80 or
276	276	Harris County Clerk's File Number C139334, Harris County Deed
277	277	Records, said point being the Northwest corner of said 9.26 acre
278	278	tract; THENCE with the perimeter lines of said 28.68 acres the
279	279	following calls:
280	280	(1) North 00 19' 00" West, a distance of 586.4 feet to corner;
281	281	(2) South 89 36" 00" West, a distance of 597.9 feet to corner;
282	282	(3) South 00 31' 00" East, a distance of 434.1 feet to corner;
283	283	(4) South 88 43' 00" West, a distance of 418.6 feet to corner;
284	284	(5) North 01 00' 00" West, a distance of 211.2 feet to corner;
285	285	(6) South 89 00' 00" West, a distance of 394.5 feet to corner;
286	286	(7) South 00 54' 00" East, a distance of 500.00 feet to corner;
287	287	(8) South 89 13' 00" East, a distance of 508.4 feet to corner;
288	288	(9) South 00 54' 00" East, a distance of 411.6 feet to corner;
289	289	(10) North 89 38' 00" East, a distance of 289.7 feet to corner;
290	290	(11) South 00 36' 00" East, a distance of 180.8 feet to corner;
291	291	(12) North 89 38' 00" East, passing at 603.6 feet the Southeast
292	292	corner of said 28.68 acres, the Southwest corner of said 9.26 acres,
293	293	continuing with the South line of said 9.26 acres, in all, a
294	294	distance of 1153.6 feet to a point for the Southeast corner of said
295	295	9.26 acres in the West line of the Lewis Survey, the East line of the
296	296	Goodrich Survey and said 644.0794 acre tract: THENCE South 00 19'
297	297	00" East, with the West line of the Lewis Survey, a distance of
298	298	3706.59 feet to a 1 inch iron pipe found in the North line of the
299	299	August Senechal Survey, Abstract 722 and Lot 53 of Boudreaux
300	300	Estates, unrecorded subdivision; THENCE South 89 19' 23" West, with
301	301	the North line of the Senechal Survey, Lots 50, 51, 52 and 53 of said
302	302	Boudreaux Estates, a 16.349 acre tract conveyed to John E. Kolb,
303	303	Trustee of Harris County, recorded under Harris County Clerk's File
304	304	Number F196319, passing it's Northwest corner and the common North
305	305	corner of said Senechal Survey and I & G. N. R. R. Company Survey,
306	306	Abstract 952 at 2385 feet more or less, continuing in the North line
307	307	of said I & G. N. R. R. Company Survey and a 6.470 acre tract
308	308	recorded under Harris County Clerk's File Number R716867 and along
309	309	a wire fence, in all, a distance of 5279.26 feet to a 3/4 inch iron
310	310	pipe found at the base of a fence corner post, said pipe marking the
311	311	Southeast corner of the John M. Hooper Survey, Abstract 372, the
312	312	Southeast corner of the William Kobs, 323 acre tract, recorded in
313	313	Volume 16, Page 188, Deed Records, Harris County, Texas and the
314	314	Southwest corner of the Chauncy Goodrich Survey and the tract
315	315	herein described; THENCE North 00 13" 42" West, with the East line
316	316	of the Kobs Tract, the East line of the Hooper Survey, the West line
317	317	of the Goodrich Survey and along a wire fence, a distance of 5355.75
318	318	feet to a fence corner post found in the South line of the Hooper
319	319	Survey, Abstract 375, marking the Northwest corner of the tract
320	320	herein described from which a 5/8 inch iron rod found bears North
321	321	86 01'14" West, 4.65 feet; THENCE South 89 52' 17" East, with the
322	322	South line of the Hooper Survey, Abstract 375, the North line of the
323	323	Goodrich Survey, the tract herein described and along a wire fence,
324	324	a distance of 5271.05 feet to the PLACE OF BEGINNING containing
325	325	606.1394 acres. Together with the following: (1) a 60 foot wide road
326	326	easement extending from the Southwest right-of-way of State Highway
327	327	249 West to the common line between the Sam Lewis Survey, Abstract
328	328	1704, and the C. N. Pillot Survey, Abstract 632, recorded under
329	329	Harris County Clerk's File Number S283266, Official Public Records
330	330	of Real Property, Harris County, Texas; (2) a 100 foot wide road
331	331	easement extending from the common line between the Lewis Survey
332	332	and the Pillot Survey, West, to the East line of the Chauncy
333	333	Goodrich Survey, Abstract 305, recorded in Volume 934, Page 27,
334	334	Deed Records, Harris County, Texas; (3) a 100 foot wide road
335	335	easement, extending West from the Goodrich Survey East line and
336	336	being more fully described as follows: BEGINNING at a 1/2 inch iron
337	337	rod found for the Northwest corner of that certain 100 foot wide
338	338	road easement recorded in Volume 934, Page 27, Deed Records, Harris
339	339	County, Texas, in the West line of the Sam Lewis Survey, Abstract
340	340	1704, the East line of the Chauncy Goodrich Survey, Abstract 305;
341	341	THENCE South 00 19' 00" East, with the East line of the Goodrich
342	342	Survey, a distance of 100.00 feet; THENCE South 89 18' 37" West, a
343	343	distance of 1118.84 feet to a 1/2 inch iron rod found for corner;
344	344	THENCE North 00 54' 00" West, a distance of 100.00 feet to a 1/2
345	345	inch iron rod found in the South line of that certain 28.68 acre
346	346	tract recorded in Volume 6028, Page 80, Deed Records, Harris
347	347	County, Texas, the Northwest corner of the tract herein described;
348	348	THENCE North 89 18" 37" East, with the South line of said 28.68 acre
349	349	tract and a 9.26 acre Tomball Gas Plant Tract recorded in Volume
350	350	1063, Page 557, Deed Records, Harris County, Texas, a distance of
351	351	1119.86 feet to the PLACE OF BEGINNING, containing 2.56 acres more
352	352	or less.
353	353	SECTION 3. (a) The legal notice of the intention to
354	354	introduce this Act, setting forth the general substance of this
355	355	Act, has been published as provided by law, and the notice and a
356	356	copy of this Act have been furnished to all persons, agencies,
357	357	officials, or entities to which they are required to be furnished
358	358	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
359	359	Government Code.
360	360	(b) The governor, one of the required recipients, has
361	361	submitted the notice and Act to the Texas Commission on
362	362	Environmental Quality.
363	363	(c) The Texas Commission on Environmental Quality has filed
364	364	its recommendations relating to this Act with the governor,
365	365	lieutenant governor, and speaker of the house of representatives
366	366	within the required time.
367	367	(d) The general law relating to consent by political
368	368	subdivisions to the creation of districts with conservation,
369	369	reclamation, and road powers and the inclusion of land in those
370	370	districts has been complied with.
371	371	(e) All requirements of the constitution and laws of this
372	372	state and the rules and procedures of the legislature with respect
373	373	to the notice, introduction, and passage of this Act have been
374	374	fulfilled and accomplished.
375	375	SECTION 4. This Act takes effect immediately if it receives
376	376	a vote of two-thirds of all the members elected to each house, as
377	377	provided by Section 39, Article III, Texas Constitution. If this
378	378	Act does not receive the vote necessary for immediate effect, this
379	379	Act takes effect September 1, 2009.
380	380	______________________________ ______________________________
381	381	President of the Senate Speaker of the House
382	382	I certify that H.B. No. 4829 was passed by the House on May
383	383	15, 2009, by the following vote: Yeas 144, Nays 0, 1 present, not
384	384	voting.
385	385	______________________________
386	386	Chief Clerk of the House
387	387	I certify that H.B. No. 4829 was passed by the Senate on May
388	388	27, 2009, by the following vote: Yeas 31, Nays 0.
389	389	______________________________
390	390	Secretary of the Senate
391	391	APPROVED: _____________________
392	392	Date
393	393	_____________________
394	394	Governor