Texas 2009 - 81st Regular

Texas Senate Bill SB2503 Compare Versions

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1	1	S.B. No. 2503
2	2
3	3
4	4	AN ACT
5	5	relating to the powers and duties of the Lake View Management and
6	6	Development District; providing authority to impose a tax and issue
7	7	bonds; granting certain powers relating to navigation
8	8	improvements; and granting powers of a road district.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 3828.053, Special District Local Laws
11	11	Code, is amended to read as follows:
12	12	Sec. 3828.053. VACANCY. (a) The remaining directors shall
13	13	fill a vacancy on the board by appointing a person who meets the
14	14	qualifications prescribed by Section 3828.052.
15	15	(b) If there are fewer than three directors, on petition by
16	16	the owner or owners of a majority of the assessed value of the real
17	17	property in the district according to the most recent certified tax
18	18	appraisal roll for Henderson County, the Commissioners Court of
19	19	Henderson County shall appoint the necessary number of directors to
20	20	fill all board vacancies.
21	21	SECTION 2. Subchapter B, Chapter 3828, Special District
22	22	Local Laws Code, is amended by adding Section 3828.0535 to read as
23	23	follows:
24	24	Sec. 3828.0535. VOTING REQUIREMENT. A concurrence of a
25	25	majority of the total membership of the board is sufficient for
26	26	transacting any business of the district.
27	27	SECTION 3. Section 3828.055, Special District Local Laws
28	28	Code, is amended to read as follows:
29	29	Sec. 3828.055. OFFICERS. The board shall elect from among
30	30	the directors a presiding officer, a vice presiding officer, [and]
31	31	a secretary, and any other officers the board considers necessary.
32	32	SECTION 4. Section 3828.101, Special District Local Laws
33	33	Code, is amended to read as follows:
34	34	Sec. 3828.101. GENERAL POWERS AND DUTIES. The district has
35	35	the powers and duties provided by:
36	36	(1) the general laws relating to conservation and
37	37	reclamation districts created under Section 59, Article XVI, Texas
38	38	Constitution, including Chapters 49 and 54, Water Code, except that
39	39	the district's bonds and other securities are not subject to the
40	40	jurisdiction or supervision of the commission under Chapter 49,
41	41	Water Code, or other law;
42	42	(2) the general laws relating to road districts and
43	43	road utility districts created under Section 52(b), Article III,
44	44	Texas Constitution, including Chapters 257 and [Chapter] 441,
45	45	Transportation Code;
46	46	(3) Chapter 372, Local Government Code, in the same
47	47	manner as a municipality or a county;
48	48	(4) Chapter 375, Local Government Code; and
49	49	(5) Chapter 505, Local Government Code.
50	50	SECTION 5. Section 3828.102, Special District Local Laws
51	51	Code, is amended to read as follows:
52	52	Sec. 3828.102. IMPROVEMENT PROJECTS. The district may
53	53	provide, or it may enter into contracts with a governmental or
54	54	private entity to provide, the following types of improvement
55	55	projects or activities in support of or incidental to those
56	56	projects:
57	57	(1) a retail or wholesale water treatment, supply, and
58	58	distribution facility or system to provide potable and nonpotable
59	59	water to the residents and businesses of the district, including a
60	60	wastewater and sewerage collection and treatment facility or
61	61	system, provided that treated effluent water resulting from a
62	62	sewerage treatment facility operated by or in the district may be
63	63	used by the district for irrigation in the district;
64	64	(2) septic tank maintenance services inside or outside
65	65	the district and solid waste disposal services if the board
66	66	determines the action to be necessary and appropriate to protect
67	67	the district;
68	68	(3) a macadamized, graveled, or paved road, street, or
69	69	turnpike, inside and outside the district to the extent authorized
70	70	by Section 52, Article III, Texas Constitution;
71	71	(4) the planning, design, construction, improvement,
72	72	and maintenance of:
73	73	(A) landscaping;
74	74	(B) highway right-of-way or transit corridor
75	75	beautification and improvement;
76	76	(C) lighting, banners, and signs;
77	77	(D) a street or sidewalk;
78	78	(E) a hiking and cycling path or trail;
79	79	(F) a pedestrian walkway, skywalk, crosswalk, or
80	80	tunnel;
81	81	(G) a park, lake, garden, recreational facility,
82	82	sports facility, open space, scenic area, or related exhibit or
83	83	preserve;
84	84	(H) a fountain, plaza, or pedestrian mall; or
85	85	(I) a drainage or storm-water detention
86	86	improvement;
87	87	(5) protection and improvement of the quality of storm
88	88	water that flows through the district;
89	89	(6) the planning, design, construction, improvement,
90	90	maintenance, and operation of:
91	91	(A) a solid waste, water, sewer, or power
92	92	facility or service, including an electrical, gas, steam, or
93	93	chilled water facility; or
94	94	(B) an off-street parking facility or heliport;
95	95	(7) the planning and acquisition of:
96	96	(A) public art and sculpture and related exhibits
97	97	and facilities; or
98	98	(B) an educational and cultural exhibit or
99	99	facility;
100	100	(8) the planning, design, construction, acquisition,
101	101	lease, rental, improvement, maintenance, installation, and
102	102	management of and provision of furnishings for a facility for:
103	103	(A) a conference, convention, or exhibition;
104	104	(B) a manufacturer, consumer, or trade show;
105	105	(C) a civic, community, or institutional event;
106	106	or
107	107	(D) an exhibit, display, attraction, special
108	108	event, or seasonal or cultural celebration or holiday;
109	109	(9) the removal, razing, demolition, or clearing of
110	110	land or improvements in connection with an improvement project;
111	111	(10) the acquisition and improvement of land or other
112	112	property for the mitigation of the environmental effects of an
113	113	improvement project;
114	114	(11) the acquisition of property or an interest in
115	115	property in connection with an authorized improvement project;
116	116	(12) a special or supplemental service for the
117	117	improvement and promotion of the district or an area adjacent to the
118	118	district or for the protection of public health and safety in or
119	119	adjacent to the district, including:
120	120	(A) advertising;
121	121	(B) promotion;
122	122	(C) tourism;
123	123	(D) health and sanitation;
124	124	(E) public safety;
125	125	(F) security;
126	126	(G) fire protection or emergency medical
127	127	services;
128	128	(H) business recruitment;
129	129	(I) development;
130	130	(J) elimination of traffic congestion; and
131	131	(K) recreational, educational, or cultural
132	132	improvements, enhancements, and services; [or]
133	133	(13) a canal, waterway, bulkhead, or dock, inside or
134	134	outside the district's boundaries, that is necessary to, incidental
135	135	to, or in aid of the navigation of inland water;
136	136	(14) a floodplain or wetlands regulation project,
137	137	including the acquisition of necessary local, state, or federal
138	138	permits; or
139	139	(15) any similar public improvement, facility, or
140	140	service.
141	141	SECTION 6. Section 3828.151, Special District Local Laws
142	142	Code, is amended to read as follows:
143	143	Sec. 3828.151. GENERAL POWERS REGARDING FINANCIAL MATTERS.
144	144	The district may:
145	145	(1) impose an ad valorem tax [in accordance with
146	146	Chapter 375, Local Government Code,] on all taxable property in the
147	147	district;
148	148	(2) impose an assessment or impact fee in the manner
149	149	provided for a municipality or county under Chapter 372, Local
150	150	Government Code, on all industrial, commercial, and residential
151	151	property in the district;
152	152	(3) impose and apply the proceeds from a sales and use
153	153	tax, and a hotel occupancy tax, as authorized by this chapter;
154	154	(4) impose a rate, fee, or charge for the use of an
155	155	improvement project or the consumption of a product resulting from
156	156	an improvement project;
157	157	(5) borrow money for a district purpose by issuing or
158	158	executing bonds, notes, credit agreements, or other obligations of
159	159	any kind found by the board to be necessary or appropriate for the
160	160	district purpose;
161	161	(6) establish, revise, repeal, enforce, collect, and
162	162	apply the proceeds from a user fee or charge for the enjoyment,
163	163	sale, rental, or other use of a district facility, service,
164	164	property, or improvement project;
165	165	(7) provide or secure the payment or repayment of the
166	166	costs and expenses of the establishment, administration, and
167	167	operation of the district and the district's costs or share of the
168	168	costs of an improvement project or district contractual obligation
169	169	or indebtedness by or through a lease, installment purchase
170	170	contract, or other agreement with any person, or the imposition of
171	171	taxes, user fees, concessions, rentals, or other revenues or
172	172	resources of the district;
173	173	(8) establish user charges related to the operation of
174	174	various public services, including public water supply services,
175	175	for the collection and treatment of wastewater, and for the
176	176	operation of storm-water facilities, including the regulation of
177	177	storm water for the protection of water quality in the district, and
178	178	for the provision of septic tank maintenance services inside and
179	179	outside the district;
180	180	(9) undertake separately or jointly with other persons
181	181	all or part of the cost of an improvement project, including an
182	182	improvement project:
183	183	(A) for improving, enhancing, and supporting
184	184	public safety and security, fire protection and emergency medical
185	185	services, and law enforcement in and adjacent to the district; or
186	186	(B) that confers a general benefit on the entire
187	187	district or a special benefit on a definable part of the district;
188	188	and
189	189	(10) enter into a tax abatement agreement in
190	190	accordance with the general laws of this state authorizing and
191	191	applicable to tax abatement agreements by municipalities.
192	192	SECTION 7. (a) All governmental and proprietary actions of
193	193	the Lake View Management and Development District taken before the
194	194	effective date of this Act are validated, ratified, and confirmed
195	195	in all respects as if the actions had been taken as authorized by
196	196	law.
197	197	(b) This section does not apply to any matter that on the
198	198	effective date of this Act:
199	199	(1) is involved in litigation if the litigation
200	200	ultimately results in the matter being held invalid by a final court
201	201	judgment; or
202	202	(2) has been held invalid by a final court judgment.
203	203	SECTION 8. The legislature finds that:
204	204	(1) proper and legal notice of the intention to
205	205	introduce this Act, setting forth the general substance of this
206	206	Act, has been published as provided by law, and the notice and a
207	207	copy of this Act have been furnished to all persons, agencies,
208	208	officials, or entities to which they are required to be furnished by
209	209	the constitution and laws of this state, including the governor,
210	210	who has submitted the notice and Act to the Texas Commission on
211	211	Environmental Quality;
212	212	(2) the Texas Commission on Environmental Quality has
213	213	filed its recommendations relating to this Act with the governor,
214	214	lieutenant governor, and speaker of the house of representatives
215	215	within the required time; and
216	216	(3) all requirements of the constitution and laws of
217	217	this state and the rules and procedures of the legislature with
218	218	respect to the notice, introduction, and passage of this Act have
219	219	been fulfilled and accomplished.
220	220	SECTION 9. This Act takes effect immediately if it receives
221	221	a vote of two-thirds of all the members elected to each house, as
222	222	provided by Section 39, Article III, Texas Constitution. If this
223	223	Act does not receive the vote necessary for immediate effect, this
224	224	Act takes effect September 1, 2009.
225	225	______________________________ ______________________________
226	226	President of the Senate Speaker of the House
227	227	I hereby certify that S.B. No. 2503 passed the Senate on
228	228	April 24, 2009, by the following vote: Yeas 30, Nays 0.
229	229	______________________________
230	230	Secretary of the Senate
231	231	I hereby certify that S.B. No. 2503 passed the House on
232	232	May 15, 2009, by the following vote: Yeas 144, Nays 0, one
233	233	present not voting.
234	234	______________________________
235	235	Chief Clerk of the House
236	236	Approved:
237	237	______________________________
238	238	Date
239	239	______________________________
240	240	Governor