Texas 2009 - 81st Regular

Texas Senate Bill SB2542 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R15872 SJM-F
2	2	By: Patrick, Dan S.B. No. 2542
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Harris County Improvement District
8	8	No. 17; providing authority to impose an assessment, impose a tax,
9	9	and issue bonds.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 4, Special District Local Laws
12	12	Code, is amended by adding Chapter 3891 to read as follows:
13	13	CHAPTER 3891. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 17
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 3891.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Director" means a board member.
18	18	(3) "District" means the Harris County Improvement
19	19	District No. 17.
20	20	Sec. 3891.002. NATURE OF DISTRICT. The Harris County
21	21	Improvement District No. 17 is a special district created under
22	22	Section 59, Article XVI, Texas Constitution.
23	23	Sec. 3891.003. PURPOSE; DECLARATION OF INTENT. (a) The
24	24	creation of the district is essential to accomplish the purposes of
25	25	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
26	26	Texas Constitution, and other public purposes stated in this
27	27	chapter. By creating the district and in authorizing the City of
28	28	Houston, Harris County, and other political subdivisions to
29	29	contract with the district, the legislature has established a
30	30	program to accomplish the public purposes set out in Section 52-a,
31	31	Article III, Texas Constitution.
32	32	(b) The creation of the district is necessary to promote,
33	33	develop, encourage, and maintain employment, commerce,
34	34	transportation, housing, tourism, recreation, the arts,
35	35	entertainment, economic development, safety, and the public
36	36	welfare in the district.
37	37	(c) This chapter and the creation of the district may not be
38	38	interpreted to relieve Harris County from providing the level of
39	39	services provided, as of the effective date of the Act enacting this
40	40	chapter, to the area in the district. The district is created to
41	41	supplement and not to supplant the county services provided in the
42	42	area in the district.
43	43	Sec. 3891.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
44	44	The district is created to serve a public use and benefit.
45	45	(b) All land and other property included in the district
46	46	will benefit from the improvements and services to be provided by
47	47	the district under powers conferred by Sections 52 and 52-a,
48	48	Article III, and Section 59, Article XVI, Texas Constitution, and
49	49	other powers granted under this chapter.
50	50	(c) The creation of the district is in the public interest
51	51	and is essential to:
52	52	(1) further the public purposes of developing and
53	53	diversifying the economy of the state;
54	54	(2) eliminate unemployment and underemployment; and
55	55	(3) develop or expand transportation and commerce.
56	56	(d) The district will:
57	57	(1) promote the health, safety, and general welfare of
58	58	residents, employers, employees, potential employees, visitors,
59	59	and consumers in the district, and of the public;
60	60	(2) provide needed funding for the district to
61	61	preserve, maintain, and enhance the economic health and vitality of
62	62	the district territory as a community and business center;
63	63	(3) promote the health, safety, welfare, and enjoyment
64	64	of the public by providing pedestrian ways and by landscaping and
65	65	developing certain areas in the district, which are necessary for
66	66	the restoration, preservation, and enhancement of scenic beauty;
67	67	and
68	68	(4) provide for water, wastewater, drainage, road,
69	69	and recreational facilities for the district.
70	70	(e) Pedestrian ways along or across a street, whether at
71	71	grade or above or below the surface, and street lighting, street
72	72	landscaping, parking, and street art objects are parts of and
73	73	necessary components of a street and are considered to be a street
74	74	or road improvement.
75	75	(f) The district will not act as the agent or
76	76	instrumentality of any private interest even though the district
77	77	will benefit many private interests as well as the public.
78	78	Sec. 3891.005. INITIAL DISTRICT TERRITORY. (a) The
79	79	district is initially composed of the territory described by
80	80	Section 2 of the Act enacting this chapter.
81	81	(b) The boundaries and field notes contained in Section 2 of
82	82	the Act enacting this chapter form a closure. A mistake in the
83	83	field notes or in copying the field notes in the legislative process
84	84	does not affect the district's:
85	85	(1) organization, existence, or validity;
86	86	(2) right to issue any type of bond for the purposes
87	87	for which the district is created or to pay the principal of and
88	88	interest on the bond;
89	89	(3) right to impose or collect an assessment or tax; or
90	90	(4) legality or operation.
91	91	Sec. 3891.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
92	92	All or any part of the area of the district is eligible to be
93	93	included in:
94	94	(1) a tax increment reinvestment zone created under
95	95	Chapter 311, Tax Code;
96	96	(2) a tax abatement reinvestment zone created under
97	97	Chapter 312, Tax Code; or
98	98	(3) an enterprise zone created under Chapter 2303,
99	99	Government Code.
100	100	Sec. 3891.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
101	101	DISTRICTS LAW. Except as otherwise provided by this chapter,
102	102	Chapter 375, Local Government Code, applies to the district.
103	103	[Sections 3891.008-3891.050 reserved for expansion]
104	104	SUBCHAPTER B. BOARD OF DIRECTORS
105	105	Sec. 3891.051. GOVERNING BODY; TERMS. The district is
106	106	governed by a board of five directors who serve staggered terms of
107	107	four years, with two or three directors' terms expiring June 1 of
108	108	each odd-numbered year.
109	109	Sec. 3891.052. APPOINTMENT OF DIRECTORS. (a) The board
110	110	shall recommend to the Harris County Commissioners Court persons to
111	111	serve on the succeeding board.
112	112	(b) After reviewing the board's recommendations of persons
113	113	to serve on the succeeding board, the commissioners court shall
114	114	appoint as directors or disapprove the recommended persons.
115	115	(c) If the governing body of the City of Houston objects to
116	116	any of the board's recommendations of persons to serve on the
117	117	succeeding board, the board, on the request of the commissioners
118	118	court, shall submit additional recommendations.
119	119	(d) Board members may serve successive terms.
120	120	(e) If any provision of Subsections (a) through (d) is found
121	121	to be invalid, the Texas Commission on Environmental Quality shall
122	122	appoint the succeeding board from recommendations of persons to
123	123	serve on the succeeding board submitted by the board.
124	124	Sec. 3891.053. ELIGIBILITY. To be eligible to serve as a
125	125	director, a person must meet the qualifications in Section 375.063,
126	126	Local Government Code.
127	127	Sec. 3891.054. INITIAL DIRECTORS. (a) The initial board
128	128	consists of the following voting directors:
129	129	Pos. No. Name of Director
130	130	1 Joe Bullard
131	131	2 Hollis Bullard
132	132	3 Tim Culp
133	133	4 Joe Fogarty
134	134	5 Art DePue
135	135	(b) Of the initial directors, the terms of three directors
136	136	expire June 1, 2011, and the terms of two directors expire June 1,
137	137	2013. The initial directors shall draw lots to determine which two
138	138	directors' terms expire June 1, 2013.
139	139	(c) Section 3891.052 does not apply to this section.
140	140	(d) This section expires September 1, 2014.
141	141	[Sections 3891.055-3891.100 reserved for expansion]
142	142	SUBCHAPTER C. POWERS AND DUTIES
143	143	Sec. 3891.101. GENERAL POWERS AND DUTIES. The district has
144	144	the powers and duties necessary to accomplish the purposes for
145	145	which the district is created.
146	146	Sec. 3891.102. MUNICIPAL MANAGEMENT POWERS AND DUTIES. The
147	147	district has the powers and duties provided by the general laws of
148	148	this state, including Chapter 375, Local Government Code,
149	149	applicable to a municipal management district created under
150	150	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
151	151	Texas Constitution.
152	152	Sec. 3891.103. DEVELOPMENT CORPORATION POWERS. The
153	153	district may exercise the powers given to a development corporation
154	154	under Chapter 505, Local Government Code.
155	155	Sec. 3891.104. SPORTS VENUE. The district may construct,
156	156	acquire, improve, maintain, and operate a sports venue, including
157	157	an arena, coliseum, stadium, or other type of area or facility used
158	158	for one or more professional or amateur sports or athletic events.
159	159	Sec. 3891.105. AGREEMENTS; GRANTS. The district may make
160	160	an agreement with or accept a gift, grant, or loan from any person.
161	161	Sec. 3891.106. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
162	162	district may join and pay dues to a charitable or nonprofit
163	163	organization that performs a service or provides an activity
164	164	consistent with the furtherance of a district purpose.
165	165	Sec. 3891.107. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
166	166	district may establish and provide for the administration of one or
167	167	more programs to promote state or local economic development and to
168	168	stimulate business and commercial activity in the district.
169	169	(b) The district has all of the economic development
170	170	authority that:
171	171	(1) Chapter 380, Local Government Code, grants to a
172	172	municipality with a population of more than 100,000; and
173	173	(2) Chapter 1509, Government Code, grants to a
174	174	municipality.
175	175	Sec. 3891.108. NO EMINENT DOMAIN. The district may not
176	176	exercise the power of eminent domain.
177	177	[Sections 3891.109-3891.150 reserved for expansion]
178	178	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
179	179	Sec. 3891.151. OPERATION AND MAINTENANCE TAX. (a) If
180	180	authorized at an election held in accordance with Section 3891.158,
181	181	the district may impose an annual operation and maintenance tax on
182	182	taxable property in the district in accordance with Section 49.107,
183	183	Water Code, for any district purpose, including to:
184	184	(1) maintain and operate the district;
185	185	(2) construct or acquire improvements; or
186	186	(3) provide a service.
187	187	(b) The board shall determine the tax rate. The rate may not
188	188	exceed the rate approved at the election.
189	189	Sec. 3891.152. CONTRACT TAXES. (a) In accordance with
190	190	Section 49.108, Water Code, the district may impose a tax other than
191	191	an operation and maintenance tax and use the revenue derived from
192	192	the tax to make payments under a contract after the provisions of
193	193	the contract have been approved by a majority of the district voters
194	194	voting at an election held for that purpose.
195	195	(b) A contract approved by the district voters may contain a
196	196	provision stating that the contract may be modified or amended by
197	197	the board without further voter approval.
198	198	Sec. 3891.153. AUTHORITY TO ISSUE BONDS AND OTHER
199	199	OBLIGATIONS. The district may issue bonds, notes, or other
200	200	obligations payable wholly or partly from ad valorem taxes, sales
201	201	and use taxes, assessments, impact fees, revenue, contract
202	202	payments, grants, or other district money, or any combination of
203	203	those sources of money, to pay for any authorized district purpose.
204	204	Sec. 3891.154. HOTEL OCCUPANCY TAX. (a) The district may
205	205	impose a hotel occupancy tax in the manner that Chapter 351, Tax
206	206	Code, provides for a municipality.
207	207	(b) A tax imposed under this section may not exceed the
208	208	maximum rate under Section 351.003(a), Tax Code.
209	209	Sec. 3891.155. SALES AND USE TAX. (a) The district may
210	210	impose a sales and use tax if authorized by a majority of the voters
211	211	of the district voting at an election held for that purpose.
212	212	Revenue from the tax may be used for any district purpose for which
213	213	ad valorem tax revenue is used.
214	214	(b) The district may not impose a sales and use tax if as a
215	215	result of the imposition of the tax the combined rate of all sales
216	216	and use taxes imposed by the district and other political
217	217	subdivisions of this state having territory in the district would
218	218	exceed the amount allowable by law at any location in the district.
219	219	(c) If the voters of the district approve the adoption of
220	220	the tax at an election held on the same election date on which
221	221	another political subdivision adopts a sales and use tax or
222	222	approves an increase in the rate of its sales and use tax and as a
223	223	result the combined rate of all sales and use taxes imposed by the
224	224	district and other political subdivisions of this state having
225	225	territory in the district would exceed the amount allowable by law
226	226	at any location in the district, the election to adopt a sales and
227	227	use tax under this chapter has no effect.
228	228	(d) Except as otherwise provided by this chapter, Chapter
229	229	321, Tax Code, applies to the imposition, computation,
230	230	administration, enforcement, and collection of the sales and use
231	231	tax imposed by this section.
232	232	Sec. 3891.156. TAXES FOR BONDS. At the time the district
233	233	issues bonds payable wholly or partly from ad valorem taxes, the
234	234	board shall provide for the annual imposition of an ad valorem tax,
235	235	without limit as to rate or amount, while all or part of the bonds
236	236	are outstanding as required and in the manner provided by Sections
237	237	54.601 and 54.602, Water Code.
238	238	Sec. 3891.157. BONDS FOR ROAD PROJECTS. At the time of
239	239	issuance the total principal amount of bonds or other obligations
240	240	incurred to finance a road project may not exceed one-fourth of the
241	241	assessed value of real property in the district.
242	242	Sec. 3891.158. ELECTIONS REGARDING TAXES AND BONDS. (a)
243	243	The district may issue, without an election, bonds, notes, and
244	244	other obligations secured by revenue or contract payments from any
245	245	source other than ad valorem taxes.
246	246	(b) The district must hold an election in the manner
247	247	provided by Chapters 49 and 54, Water Code, to obtain voter approval
248	248	before the district may impose an ad valorem tax or issue bonds
249	249	payable from ad valorem taxes.
250	250	(c) The district may not issue bonds payable from ad valorem
251	251	taxes to finance a road project unless the issuance is approved by a
252	252	vote of a two-thirds majority of the district voters voting at an
253	253	election held for that purpose.
254	254	SECTION 2. The Harris County Improvement District No. 17
255	255	initially includes all the territory contained in the following
256	256	area:
257	257	BEING 606.1394 acres of land out of a 644.0794 acre tract, that same
258	258	tract described in a deed filed for record July 06, 1933 in Volume
259	259	932, Page 98, Deed Records, Harris County, Texas, from John D. Reid,
260	260	et al, to Humble Oil and Refining Company, all of the Chauncy
261	261	Goodrich Survey Number 776, Patent 466, Volume 1, Abstract 305,
262	262	containing 640 acres more or less in Harris County, Texas; said
263	263	606.1394 acres more fully described as follows: BEGINNING at a 12
264	264	inch diameter wood fence post found in the West line of the Sam
265	265	Lewis Survey, Abstract 1704, the Southeast corner of the J. M.
266	266	Hooper Survey, Abstract 375 and the Northeast corner of the Chauncy
267	267	Goodrich Survey; THENCE South 00 19' 00" East, with the West line of
268	268	the Lewis Survey, a distance of 1005.00 feet to a point for the most
269	269	Easterly Northeast corner of that certain 9.26 acre tract, conveyed
270	270	to Humble Oil and Refining Company from Magnolia Petroleum Company,
271	271	by deed filed for record in Volume 1063, Page 557, Deed Records,
272	272	Harris County, Texas; THENCE North 29 36' 00" West, a distance of
273	273	206.4 feet to a point for corner in the North line of said 9.26 acres
274	274	;THENCE South 89 41' 00" West, a distance of 449.00 feet to a point
275	275	in the East line of that certain 28.68 acre tract conveyed to Humble
276	276	Oil and Refining Company from Socony Mobil Oil Company,
277	277	Incorporation, by deed filed for record in Volume 6028, Page 80 or
278	278	Harris County Clerk's File Number C139334, Harris County Deed
279	279	Records, said point being the Northwest corner of said 9.26 acre
280	280	tract; THENCE with the perimeter lines of said 28.68 acres the
281	281	following calls:
282	282	(1) North 00 19' 00" West, a distance of 586.4 feet to corner;
283	283	(2) South 89 36" 00" West, a distance of 597.9 feet to corner;
284	284	(3) South 00 31' 00" East, a distance of 434.1 feet to corner;
285	285	(4) South 88 43' 00" West, a distance of 418.6 feet to corner;
286	286	(5) North 01 00' 00" West, a distance of 211.2 feet to corner;
287	287	(6) South 89 00' 00" West, a distance of 394.5 feet to corner;
288	288	(7) South 00 54' 00" East, a distance of 500.00 feet to corner;
289	289	(8) South 89 13' 00" East, a distance of 508.4 feet to corner;
290	290	(9) South 00 54' 00" East, a distance of 411.6 feet to corner;
291	291	(10) North 89 38' 00" East, a distance of 289.7 feet to corner;
292	292	(11) South 00 36' 00" East, a distance of 180.8 feet to corner;
293	293	(12) North 89 38' 00" East, passing at 603.6 feet the Southeast
294	294	corner of said 28.68 acres, the Southwest corner of said 9.26 acres,
295	295	continuing with the South line of said 9.26 acres, in all, a
296	296	distance of 1153.6 feet to a point for the Southeast corner of said
297	297	9.26 acres in the West line of the Lewis Survey, the East line of the
298	298	Goodrich Survey and said 644.0794 acre tract: THENCE South 00 19'
299	299	00" East, with the West line of the Lewis Survey, a distance of
300	300	3706.59 feet to a 1 inch iron pipe found in the North line of the
301	301	August Senechal Survey, Abstract 722 and Lot 53 of Boudreaux
302	302	Estates, unrecorded subdivision; THENCE South 89 19' 23" West, with
303	303	the North line of the Senechal Survey, Lots 50, 51, 52 and 53 of said
304	304	Boudreaux Estates, a 16.349 acre tract conveyed to John E. Kolb,
305	305	Trustee of Harris County, recorded under Harris County Clerk's File
306	306	Number F196319, passing it's Northwest corner and the common North
307	307	corner of said Senechal Survey and I & G. N. R. R. Company Survey,
308	308	Abstract 952 at 2385 feet more or less, continuing in the North line
309	309	of said I & G. N. R. R. Company Survey and a 6.470 acre tract
310	310	recorded under Harris County Clerk's File Number R716867 and along
311	311	a wire fence, in all, a distance of 5279.26 feet to a 3/4 inch iron
312	312	pipe found at the base of a fence corner post, said pipe marking the
313	313	Southeast corner of the John M. Hooper Survey, Abstract 372, the
314	314	Southeast corner of the William Kobs, 323 acre tract, recorded in
315	315	Volume 16, Page 188, Deed Records, Harris County, Texas and the
316	316	Southwest corner of the Chauncy Goodrich Survey and the tract
317	317	herein described; THENCE North 00 13" 42" West, with the East line
318	318	of the Kobs Tract, the East line of the Hooper Survey, the West line
319	319	of the Goodrich Survey and along a wire fence, a distance of 5355.75
320	320	feet to a fence corner post found in the South line of the Hooper
321	321	Survey, Abstract 375, marking the Northwest corner of the tract
322	322	herein described from which a 5/8 inch iron rod found bears North
323	323	86 01'14" West, 4.65 feet; THENCE South 89 52' 17" East, with the
324	324	South line of the Hooper Survey, Abstract 375, the North line of the
325	325	Goodrich Survey, the tract herein described and along a wire fence,
326	326	a distance of 5271.05 feet to the PLACE OF BEGINNING containing
327	327	606.1394 acres. Together with the following: (1) a 60 foot wide road
328	328	easement extending from the Southwest right-of-way of State Highway
329	329	249 West to the common line between the Sam Lewis Survey, Abstract
330	330	1704, and the C. N. Pillot Survey, Abstract 632, recorded under
331	331	Harris County Clerk's File Number S283266, Official Public Records
332	332	of Real Property, Harris County, Texas; (2) a 100 foot wide road
333	333	easement extending from the common line between the Lewis Survey
334	334	and the Pillot Survey, West, to the East line of the Chauncy
335	335	Goodrich Survey, Abstract 305, recorded in Volume 934, Page 27,
336	336	Deed Records, Harris County, Texas; (3) a 100 foot wide road
337	337	easement, extending West from the Goodrich Survey East line and
338	338	being more fully described as follows: BEGINNING at a 1/2 inch iron
339	339	rod found for the Northwest corner of that certain 100 foot wide
340	340	road easement recorded in Volume 934, Page 27, Deed Records, Harris
341	341	County, Texas, in the West line of the Sam Lewis Survey, Abstract
342	342	1704, the East line of the Chauncy Goodrich Survey, Abstract 305;
343	343	THENCE South 00 19' 00" East, with the East line of the Goodrich
344	344	Survey, a distance of 100.00 feet; THENCE South 89 18' 37" West, a
345	345	distance of 1118.84 feet to a 1/2 inch iron rod found for corner;
346	346	THENCE North 00 54' 00" West, a distance of 100.00 feet to a 1/2
347	347	inch iron rod found in the South line of that certain 28.68 acre
348	348	tract recorded in Volume 6028, Page 80, Deed Records, Harris
349	349	County, Texas, the Northwest corner of the tract herein described;
350	350	THENCE North 89 18" 37" East, with the South line of said 28.68 acre
351	351	tract and a 9.26 acre Tomball Gas Plant Tract recorded in Volume
352	352	1063, Page 557, Deed Records, Harris County, Texas, a distance of
353	353	1119.86 feet to the PLACE OF BEGINNING, containing 2.56 acres more
354	354	or less.
355	355	SECTION 3. (a) The legal notice of the intention to
356	356	introduce this Act, setting forth the general substance of this
357	357	Act, has been published as provided by law, and the notice and a
358	358	copy of this Act have been furnished to all persons, agencies,
359	359	officials, or entities to which they are required to be furnished
360	360	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
361	361	Government Code.
362	362	(b) The governor, one of the required recipients, has
363	363	submitted the notice and Act to the Texas Commission on
364	364	Environmental Quality.
365	365	(c) The Texas Commission on Environmental Quality has filed
366	366	its recommendations relating to this Act with the governor,
367	367	lieutenant governor, and speaker of the house of representatives
368	368	within the required time.
369	369	(d) The general law relating to consent by political
370	370	subdivisions to the creation of districts with conservation,
371	371	reclamation, and road powers and the inclusion of land in those
372	372	districts has been complied with.
373	373	(e) All requirements of the constitution and laws of this
374	374	state and the rules and procedures of the legislature with respect
375	375	to the notice, introduction, and passage of this Act have been
376	376	fulfilled and accomplished.
377	377	SECTION 4. This Act takes effect immediately if it receives
378	378	a vote of two-thirds of all the members elected to each house, as
379	379	provided by Section 39, Article III, Texas Constitution. If this
380	380	Act does not receive the vote necessary for immediate effect, this
381	381	Act takes effect September 1, 2009.