Texas 2009 - 81st Regular

Texas Senate Bill SB2479 Compare Versions

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1	1	S.B. No. 2479
2	2
3	3
4	4	AN ACT
5	5	relating to the creation of the Country Place Management District;
6	6	providing authority to impose an assessment, impose a tax, and
7	7	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 3875 to read as follows:
11	11	CHAPTER 3875. COUNTRY PLACE MANAGEMENT DISTRICT
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 3875.001. 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 Country Place Management
17	17	District.
18	18	Sec. 3875.002. NATURE OF DISTRICT. The Country Place
19	19	Management District is a special district created under Section 59,
20	20	Article XVI, Texas Constitution.
21	21	Sec. 3875.003. 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	Pearland, Brazoria 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 the City of Pearland and Brazoria County
37	37	from providing the level of services provided, as of the effective
38	38	date of the Act enacting this chapter, to the area in the district.
39	39	The district is created to supplement and not to supplant the city
40	40	or county services provided in the area in the district.
41	41	Sec. 3875.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
42	42	(a) 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, potential employees, 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	including funding for the ownership, operation, and maintenance of
62	62	public recreational facilities, including parks, trails, green
63	63	space, golf, and other sporting facilities that benefit the
64	64	district;
65	65	(3) promote the health, safety, welfare, and enjoyment
66	66	of the public by providing pedestrian ways and by landscaping and
67	67	developing certain areas in the district, which are necessary for
68	68	the restoration, preservation, and enhancement of scenic beauty;
69	69	(4) provide funding for public improvements,
70	70	including drainage facilities, beautification projects, and
71	71	identification and directional signage;
72	72	(5) provide for water, wastewater, drainage, water
73	73	reuse, solid waste collection, and recycling for the district; and
74	74	(6) provide street and road improvements.
75	75	(e) Pedestrian ways along or across a street, whether at
76	76	grade or above or below the surface, and street lighting, street
77	77	landscaping, parking, walls and sound barriers, and street art
78	78	objects are parts of and necessary components of a street and are
79	79	considered to be a street or road improvement.
80	80	(f) The district will not act as the agent or
81	81	instrumentality of any private interest even though the district
82	82	will benefit many private interests as well as the public.
83	83	Sec. 3875.005. INITIAL DISTRICT TERRITORY. (a) The
84	84	district is initially composed of the territory described by
85	85	Section 2 of the Act enacting this chapter.
86	86	(b) The boundary description contained in Section 2 of the
87	87	Act enacting this chapter forms a closure. A mistake in the
88	88	boundary description does not affect the district's:
89	89	(1) organization, existence, or validity;
90	90	(2) right to issue any type of bond for the purposes
91	91	for which the district is created or to pay the principal of and
92	92	interest on the bond;
93	93	(3) right to impose or collect an assessment or tax; or
94	94	(4) legality or operation.
95	95	Sec. 3875.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
96	96	All or any part of the area of the district is eligible to be
97	97	included in:
98	98	(1) a tax increment reinvestment zone created under
99	99	Chapter 311, Tax Code;
100	100	(2) a tax abatement reinvestment zone created under
101	101	Chapter 312, Tax Code; or
102	102	(3) an enterprise zone created under Chapter 2303,
103	103	Government Code.
104	104	Sec. 3875.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
105	105	DISTRICTS LAW. Except as otherwise provided by this chapter,
106	106	Chapter 375, Local Government Code, applies to the district.
107	107	Sec. 3875.008. LIBERAL CONSTRUCTION OF CHAPTER. This
108	108	chapter shall be liberally construed in conformity with the
109	109	findings and purposes stated in this chapter.
110	110	[Sections 3875.009-3875.050 reserved for expansion]
111	111	SUBCHAPTER B. BOARD OF DIRECTORS
112	112	Sec. 3875.051. GOVERNING BODY; TERMS. (a) The district is
113	113	governed by a board of five directors who serve staggered terms of
114	114	four years. Two or three directors shall be elected each
115	115	even-numbered year on the uniform election date in May established
116	116	by the Election Code.
117	117	(b) Section 49.052, Water Code, applies to the district and
118	118	directors.
119	119	(c) A director may also serve as a director of Brazoria
120	120	County Municipal Utility District No. 4. The director is not
121	121	entitled to remuneration from the district while serving in both
122	122	positions.
123	123	Sec. 3875.052. CONFIRMATION ELECTION REQUIRED. (a) The
124	124	initial directors shall hold an election to confirm the creation of
125	125	the district. If an election to confirm the creation of the
126	126	district does not pass, the initial directors may call subsequent
127	127	elections to confirm the creation of the district without further
128	128	approval.
129	129	(b) Subchapter D, Chapter 49, Water Code, applies to the
130	130	district and directors.
131	131	(c) Section 375.063, Local Government Code, does not apply
132	132	to the district.
133	133	Sec. 3875.053. INITIAL DIRECTORS. (a) The initial board
134	134	consists of the following directors:
135	135	Pos. No. Name of Director
136	136	1 Jack Banowsky
137	137	2 Charles A. Mills
138	138	3 Hugh S. Pylant
139	139	4 Terry Gray
140	140	5 Paul West
141	141	(b) Of the initial directors, the terms of directors
142	142	appointed for positions 1 through 3 expire May 2010, and the terms
143	143	of directors appointed for positions 4 and 5 expire May 2012.
144	144	(c) Section 3875.052 does not apply to this section.
145	145	(d) This section expires September 1, 2013.
146	146	Sec. 3875.054. QUORUM. For purposes of determining the
147	147	requirements for a quorum of the board, the following are not
148	148	counted:
149	149	(1) a board position vacant for any reason, including
150	150	death, resignation, or disqualification; or
151	151	(2) a director who is abstaining from participation in
152	152	a vote because of a conflict of interest.
153	153	Sec. 3875.055. COMPENSATION. Except as provided by Section
154	154	3875.051(c), a director is entitled to receive fees of office and
155	155	reimbursement for actual expenses as provided by Section 49.060,
156	156	Water Code. Sections 375.069 and 375.070, Local Government Code,
157	157	do not apply to the board.
158	158	[Sections 3875.056-3875.100 reserved for expansion]
159	159	SUBCHAPTER C. POWERS AND DUTIES
160	160	Sec. 3875.101. DEVELOPMENT CORPORATION POWERS. The
161	161	district may exercise the powers given to a development corporation
162	162	under Chapter 505, Local Government Code, including the power to
163	163	own, operate, acquire, construct, lease, improve, or maintain a
164	164	project described by that chapter.
165	165	Sec. 3875.102. NONPROFIT CORPORATION. (a) The board by
166	166	resolution may authorize the creation of a nonprofit corporation to
167	167	assist and act for the district in implementing a project or
168	168	providing a service authorized by this chapter.
169	169	(b) The nonprofit corporation:
170	170	(1) has each power of and is considered for purposes of
171	171	this chapter to be a local government corporation created under
172	172	Chapter 431, Transportation Code; and
173	173	(2) may implement any project and provide any service
174	174	authorized by this chapter.
175	175	(c) The board shall appoint the board of directors of the
176	176	nonprofit corporation. The board of directors of the nonprofit
177	177	corporation shall serve in the same manner as the board of directors
178	178	of a local government corporation created under Chapter 431,
179	179	Transportation Code, except that a board member is not required to
180	180	reside in the district.
181	181	Sec. 3875.103. AGREEMENTS; GRANTS. (a) The district may
182	182	make an agreement with or accept a gift, grant, or loan from any
183	183	person.
184	184	(b) The implementation of a project is a governmental
185	185	function or service for the purposes of Chapter 791, Government
186	186	Code.
187	187	Sec. 3875.104. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT.
188	188	To protect the public interest, the district may contract with a
189	189	qualified party, including Brazoria County or the City of Pearland,
190	190	for the provision of law enforcement services in the district for a
191	191	fee.
192	192	Sec. 3875.105. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
193	193	district may join and pay dues to a charitable or nonprofit
194	194	organization that performs a service or provides an activity
195	195	consistent with the furtherance of a district purpose.
196	196	Sec. 3875.106. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
197	197	district may establish and provide for the administration of one or
198	198	more programs to promote state or local economic development and to
199	199	stimulate business and commercial activity in the district,
200	200	including programs to:
201	201	(1) make loans and grants of public money; and
202	202	(2) provide district personnel and services.
203	203	(b) For purposes of this section, the district has all of
204	204	the powers of a municipality under Chapter 380, Local Government
205	205	Code.
206	206	Sec. 3875.107. NO EMINENT DOMAIN. The district may not
207	207	exercise the power of eminent domain.
208	208	Sec. 3875.108. ANNEXATION OR EXCLUSION OF LAND. (a) The
209	209	district may annex land as provided by Subchapter J, Chapter 49,
210	210	Water Code.
211	211	(b) The district may exclude land as provided by Subchapter
212	212	J, Chapter 49, Water Code. Section 375.044(b), Local Government
213	213	Code, does not apply to the district.
214	214	[Sections 3875.109-3875.150 reserved for expansion]
215	215	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
216	216	Sec. 3875.151. DISBURSEMENTS AND TRANSFERS OF MONEY. The
217	217	board by resolution shall establish the number of directors'
218	218	signatures and the procedure required for a disbursement or
219	219	transfer of the district's money.
220	220	Sec. 3875.152. MONEY USED FOR IMPROVEMENTS OR SERVICES.
221	221	The district may acquire, construct, finance, operate, or maintain
222	222	any improvement or service authorized under this chapter or Chapter
223	223	375, Local Government Code, using any money available to the
224	224	district.
225	225	Sec. 3875.153. PETITION REQUIRED FOR FINANCING SERVICES AND
226	226	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
227	227	service or improvement project with assessments under this chapter
228	228	unless a written petition requesting that service or improvement
229	229	has been filed with the board.
230	230	(b) A petition filed under Subsection (a) must be signed by
231	231	the owners of a majority of the assessed value of real property in
232	232	the district subject to the assessment according to the most recent
233	233	certified tax appraisal roll for Brazoria County.
234	234	Sec. 3875.154. METHOD OF NOTICE FOR HEARING. The district
235	235	may mail the notice required by Section 375.115(c), Local
236	236	Government Code, by certified or first class United States mail.
237	237	The board shall determine the method of notice.
238	238	Sec. 3875.155. ASSESSMENTS; LIENS FOR ASSESSMENTS.
239	239	(a) The board by resolution may impose and collect an assessment
240	240	for any purpose authorized by this chapter in all or any part of the
241	241	district. Section 375.114, Local Government Code, does not apply
242	242	to the district.
243	243	(b) An assessment, a reassessment, or an assessment
244	244	resulting from an addition to or correction of the assessment roll
245	245	by the district, penalties and interest on an assessment or
246	246	reassessment, an expense of collection, and reasonable attorney's
247	247	fees incurred by the district:
248	248	(1) are a first and prior lien against the property
249	249	assessed;
250	250	(2) are superior to any other lien or claim other than
251	251	a lien or claim for county, school district, or municipal ad valorem
252	252	taxes; and
253	253	(3) are the personal liability of and a charge against
254	254	the owners of the property even if the owners are not named in the
255	255	assessment proceedings.
256	256	(c) The lien is effective from the date of the board's
257	257	resolution imposing the assessment until the date the assessment is
258	258	paid. The board may enforce the lien in the same manner that the
259	259	board may enforce an ad valorem tax lien against real property.
260	260	(d) The board may make a correction to or deletion from the
261	261	assessment roll that does not increase the amount of assessment of
262	262	any parcel of land without providing notice and holding a hearing in
263	263	the manner required for additional assessments.
264	264	Sec. 3875.156. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
265	265	ASSESSMENTS. The district may not impose an impact fee or
266	266	assessment on the property, including the equipment,
267	267	rights-of-way, facilities, or improvements, of:
268	268	(1) an electric utility or a power generation company
269	269	as defined by Section 31.002, Utilities Code;
270	270	(2) a gas utility as defined by Section 101.003 or
271	271	121.001, Utilities Code;
272	272	(3) a telecommunications provider as defined by
273	273	Section 51.002, Utilities Code; or
274	274	(4) a person who provides to the public cable
275	275	television or advanced telecommunications services.
276	276	Sec. 3875.157. RESIDENTIAL PROPERTY. Section 375.161,
277	277	Local Government Code, does not apply to a tax imposed by the
278	278	district or a requirement for payment for a service provided by the
279	279	district.
280	280	Sec. 3875.158. AD VALOREM TAX. (a) If authorized at an
281	281	election held in accordance with Section 3875.162, the district may
282	282	impose an ad valorem tax on taxable property in the district in
283	283	accordance with Section 49.107, Water Code, for any district
284	284	purpose, including to:
285	285	(1) maintain and operate the district;
286	286	(2) construct or acquire improvements; or
287	287	(3) provide a service.
288	288	(b) The board shall determine the tax rate. The rate may not
289	289	exceed the rate approved at the election.
290	290	(c) Section 49.107(h), Water Code, does not apply to the
291	291	district.
292	292	Sec. 3875.159. CONTRACT TAXES. (a) In accordance with
293	293	Section 49.108, Water Code, the district may impose a tax other than
294	294	an operation and maintenance tax and use the revenue derived from
295	295	the tax to make payments under a contract after the provisions of
296	296	the contract have been approved by a majority of the district voters
297	297	voting at an election held for that purpose.
298	298	(b) A contract approved by the district voters may contain a
299	299	provision stating that the contract may be modified or amended by
300	300	the board without further voter approval.
301	301	Sec. 3875.160. AUTHORITY TO BORROW MONEY AND TO ISSUE
302	302	BONDS. (a) The district may borrow money on terms and conditions
303	303	as determined by the board. Section 375.205, Local Government
304	304	Code, does not apply to a loan, line of credit, or other borrowing
305	305	from a bank or financial institution secured by revenue other than
306	306	ad valorem taxes.
307	307	(b) The district may issue by competitive bid or negotiated
308	308	sale bonds, notes, or other obligations payable wholly or partly
309	309	from ad valorem taxes, assessments, impact fees, revenue, contract
310	310	payments, grants, or other district money, or any combination of
311	311	those sources of money, to pay for any authorized district purpose.
312	312	(c) The limitation on the outstanding principal amount of
313	313	bonds, notes, and other obligations provided by Section 49.4645,
314	314	Water Code, does not apply to the district.
315	315	Sec. 3875.161. TAXES FOR BONDS. At the time the district
316	316	issues bonds payable wholly or partly from ad valorem taxes, the
317	317	board shall provide for the imposition of a continuing direct
318	318	annual ad valorem tax, without limit as to rate or amount, while all
319	319	or part of the bonds are outstanding as required and in the manner
320	320	provided by Sections 54.601 and 54.602, Water Code.
321	321	Sec. 3875.162. ELECTIONS REGARDING TAXES AND BONDS.
322	322	(a) The district may issue, without an election, bonds, notes, and
323	323	other obligations secured by:
324	324	(1) revenue other than ad valorem taxes; or
325	325	(2) contract payments described by Section 3875.159.
326	326	(b) The district must hold an election in the manner
327	327	provided by Subchapter L, Chapter 375, Local Government Code, to
328	328	obtain voter approval before the district may impose an ad valorem
329	329	tax or issue bonds payable from ad valorem taxes.
330	330	(c) Section 375.243, Local Government Code, does not apply
331	331	to the district.
332	332	(d) All or any part of any facilities or improvements that
333	333	the district may acquire by the issuance of its bonds may be
334	334	submitted as a single proposition or as several propositions to be
335	335	voted on at the election.
336	336	Sec. 3875.163. CITY APPROVAL. (a) Except as provided by
337	337	Subsection (c), the district must obtain the approval of the City of
338	338	Pearland's governing body for the issuance of bonds for each
339	339	improvement project.
340	340	(b) The governing body of the City of Pearland must provide
341	341	the approval required for the issuance of bonds under Subsection
342	342	(a) by adoption of an ordinance or resolution.
343	343	(c) The district may obtain any other city approval required
344	344	by this chapter by permit or other city administrative process that
345	345	does not involve the City of Pearland's governing body.
346	346	Sec. 3875.164. CITY NOT REQUIRED TO PAY DISTRICT
347	347	OBLIGATIONS. Except as provided by Section 375.263, Local
348	348	Government Code, the City of Pearland is not required to pay a bond,
349	349	note, or other obligation of the district.
350	350	Sec. 3875.165. COMPETITIVE BIDDING. Subchapter I, Chapter
351	351	49, Water Code, applies to the district. Subchapter K, Chapter 375,
352	352	Local Government Code, does not apply to the district.
353	353	Sec. 3875.166. TAX AND ASSESSMENT ABATEMENTS. The district
354	354	may grant in the manner authorized by Chapter 312, Tax Code, an
355	355	abatement for a tax or assessment owed to the district.
356	356	Sec. 3875.167. USAGE FEES. The board of directors may set,
357	357	charge, impose, and collect fees, charges, or tolls for the use of
358	358	any district facilities.
359	359	[Sections 3875.168-3875.200 reserved for expansion]
360	360	SUBCHAPTER E. DISSOLUTION
361	361	Sec. 3875.201. DISSOLUTION OF DISTRICT. (a) The board of
362	362	directors may vote to dissolve the district regardless of the
363	363	district's outstanding debt. Section 375.264, Local Government
364	364	Code, does not apply to the district.
365	365	(b) If the district has outstanding debt when it is
366	366	dissolved, the district shall remain in existence solely for the
367	367	purpose of discharging its debts. The dissolution is effective
368	368	when all debts of the district have been discharged.
369	369	SECTION 2. The Country Place Management District initially
370	370	includes all territory contained in the boundaries of the Brazoria
371	371	County Municipal Utility District No. 4, as those boundaries
372	372	existed on January 1, 2009.
373	373	SECTION 3. (a) The legal notice of the intention to
374	374	introduce this Act, setting forth the general substance of this
375	375	Act, has been published as provided by law, and the notice and a
376	376	copy of this Act have been furnished to all persons, agencies,
377	377	officials, or entities to which they are required to be furnished
378	378	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
379	379	Government Code.
380	380	(b) The governor, one of the required recipients, has
381	381	submitted the notice and Act to the Texas Commission on
382	382	Environmental Quality.
383	383	(c) The Texas Commission on Environmental Quality has filed
384	384	its recommendations relating to this Act with the governor,
385	385	lieutenant governor, and speaker of the house of representatives
386	386	within the required time.
387	387	(d) The general law relating to consent by political
388	388	subdivisions to the creation of districts with conservation,
389	389	reclamation, and road powers and the inclusion of land in those
390	390	districts has been complied with.
391	391	(e) All requirements of the constitution and laws of this
392	392	state and the rules and procedures of the legislature with respect
393	393	to the notice, introduction, and passage of this Act have been
394	394	fulfilled and accomplished.
395	395	SECTION 4. This Act takes effect immediately if it receives
396	396	a vote of two-thirds of all the members elected to each house, as
397	397	provided by Section 39, Article III, Texas Constitution. If this
398	398	Act does not receive the vote necessary for immediate effect, this
399	399	Act takes effect September 1, 2009.
400	400	______________________________ ______________________________
401	401	President of the Senate Speaker of the House
402	402	I hereby certify that S.B. No. 2479 passed the Senate on
403	403	April 28, 2009, by the following vote: Yeas 31, Nays 0.
404	404	______________________________
405	405	Secretary of the Senate
406	406	I hereby certify that S.B. No. 2479 passed the House on
407	407	May 25, 2009, by the following vote: Yeas 142, Nays 0, one
408	408	present not voting.
409	409	______________________________
410	410	Chief Clerk of the House
411	411	Approved:
412	412	______________________________
413	413	Date
414	414	______________________________
415	415	Governor