Texas 2009 - 81st Regular

Texas Senate Bill SB2552 Compare Versions

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1	1	S.B. No. 2552
2	2
3	3
4	4	AN ACT
5	5	relating to the powers and duties of Harris County Improvement
6	6	District No. 1; providing authority to impose a tax and issue bonds.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 3818.002, Special District Local Laws
9	9	Code, is amended to read as follows:
10	10	Sec. 3818.002. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 1. A
11	11	special district known as the "Harris County Improvement District
12	12	No. 1" is a political subdivision of this state created under
13	13	Section 59, Article XVI, Texas Constitution.
14	14	SECTION 2. Section 3818.051, Special District Local Laws
15	15	Code, is amended by amending Subsection (d) and adding Subsection
16	16	(e) to read as follows:
17	17	(d) The commission shall [attempt to] appoint directors
18	18	from persons recommended by the board [to represent all
19	19	geographical areas and business interests in the district and shall
20	20	solicit input from the existing board concerning persons who would
21	21	be eligible to represent the various interests in the district].
22	22	(e) The board by resolution may change the number of
23	23	directors on the board, but only if the board determines that the
24	24	change is in the best interest of the district. The board may not
25	25	consist of fewer than 9 or more than 15 directors.
26	26	SECTION 3. Subsections (a) and (d), Section 3818.052,
27	27	Special District Local Laws Code, are amended to read as follows:
28	28	(a) A [Except as provided by Subsection (b), a] director
29	29	must meet the requirements provided by Section 375.063, Local
30	30	Government Code.
31	31	(d) A person who qualifies to serve on the board [under
32	32	Subsection (a) or (b)] is qualified to serve as a director and
33	33	participate in all votes pertaining to the business of the
34	34	district.
35	35	SECTION 4. Section 3818.054, Special District Local Laws
36	36	Code, is amended to read as follows:
37	37	Sec. 3818.054. VACANCY. The board [commission] by
38	38	appointment shall fill a vacancy on the board.
39	39	SECTION 5. Subchapter C, Chapter 3818, Special District
40	40	Local Laws Code, is amended by adding Sections 3818.110, 3818.111,
41	41	and 3818.112 to read as follows:
42	42	Sec. 3818.110. AUTHORITY TO CONTRACT FOR LAW ENFORCEMENT.
43	43	To protect the public interest, the district may contract with a
44	44	qualified party, including Harris County, the City of Houston, or
45	45	any licensed peace officer, for the provision of law enforcement
46	46	services in the district for a fee.
47	47	Sec. 3818.111. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
48	48	district may join and pay dues to a charitable or nonprofit
49	49	organization that performs a service or provides an activity
50	50	consistent with the furtherance of a district purpose.
51	51	Sec. 3818.112. ECONOMIC DEVELOPMENT PROGRAMS. (a) The
52	52	district may establish and provide for the administration of one or
53	53	more programs to promote state or local economic development and to
54	54	stimulate business and commercial activity in the district,
55	55	including programs to:
56	56	(1) make loans and grants of public money; and
57	57	(2) provide district personnel and services.
58	58	(b) The district has all of the powers of a municipality
59	59	under Chapter 380, Local Government Code.
60	60	SECTION 6. Section 3818.201, Special District Local Laws
61	61	Code, is amended to read as follows:
62	62	Sec. 3818.201. NOTICE AND HEARING REQUIRED. The board may
63	63	finance a service or improvement project under this chapter with
64	64	assessments after:
65	65	(1) notice of a hearing has been given as required by
66	66	Section 3818.202; and
67	67	(2) the board holds a public hearing on the
68	68	advisability of the service or improvement and the proposed
69	69	assessments.
70	70	SECTION 7. Section 3818.202, Special District Local Laws
71	71	Code, is amended by adding Subsection (d) to read as follows:
72	72	(d) The district may mail the notice required by Section
73	73	375.115(c), Local Government Code, by certified or first class
74	74	United States mail. The board shall determine the method of notice.
75	75	SECTION 8. Section 3818.204, Special District Local Laws
76	76	Code, is amended to read as follows:
77	77	Sec. 3818.204. PETITION REQUIRED FOR FINANCING SERVICES AND
78	78	IMPROVEMENT PROJECTS. (a) The board may not finance a service or
79	79	improvement project under this chapter with assessments unless a
80	80	written petition requesting that service or improvement has been
81	81	filed with the board.
82	82	(b) The petition must be signed by:
83	83	(1) the owners of 50 percent of the assessed value of
84	84	the property in the district subject to assessment based on the most
85	85	recent certified county tax appraisal roll; or
86	86	(2) the owners of 50 percent or more of the surface
87	87	area of the district subject to assessment, excluding roads,
88	88	streets, highways, and utility rights-of-way, based on the most
89	89	recent certified county tax appraisal roll.
90	90	SECTION 9. Subsection (a), Section 3818.205, Special
91	91	District Local Laws Code, is amended to read as follows:
92	92	(a) The district may impose an ad valorem tax, assessment,
93	93	or impact fee in accordance with Chapter 375, Local Government
94	94	Code, to provide an improvement or service for a project or activity
95	95	the district may acquire, construct, improve, or provide under this
96	96	chapter [if a written petition requesting that improvement or
97	97	service has been filed with the board].
98	98	SECTION 10. Subchapter E, Chapter 3818, Special District
99	99	Local Laws Code, is amended by adding Sections 3818.212, 3818.213,
100	100	3818.214, 3818.215, 3818.216, 3818.217, 3818.218, and 3818.219 to
101	101	read as follows:
102	102	Sec. 3818.212. DISBURSEMENTS AND TRANSFERS OF MONEY. The
103	103	board by resolution shall establish the number of directors'
104	104	signatures and the procedure required for a disbursement or
105	105	transfer of the district's money.
106	106	Sec. 3818.213. MONEY USED FOR IMPROVEMENTS OR SERVICES.
107	107	The district may acquire, construct, finance, operate, or maintain
108	108	any improvement or service authorized under this chapter or Chapter
109	109	375, Local Government Code, using any money available to the
110	110	district.
111	111	Sec. 3818.214. OPERATION AND MAINTENANCE TAX. (a) If
112	112	authorized at an election held in accordance with Section 3818.217,
113	113	the district may impose an operation and maintenance tax on taxable
114	114	property in the district in accordance with Section 49.107, Water
115	115	Code, for any district purpose, including to:
116	116	(1) maintain and operate the district;
117	117	(2) construct or acquire improvements; or
118	118	(3) provide a service.
119	119	(b) The board shall determine the tax rate. The rate may not
120	120	exceed the rate approved at the election.
121	121	(c) Section 49.107(h), Water Code, does not apply to the
122	122	district.
123	123	Sec. 3818.215. AUTHORITY TO BORROW MONEY AND TO ISSUE
124	124	BONDS. (a) The district may borrow money on terms and conditions
125	125	as determined by the board. Section 375.205, Local Government
126	126	Code, does not apply to a loan, line of credit, or other borrowing
127	127	from a bank or financial institution secured by revenue other than
128	128	ad valorem taxes.
129	129	(b) The district may issue by competitive bid or negotiated
130	130	sale bonds, notes, or other obligations payable wholly or partly
131	131	from ad valorem taxes, assessments, impact fees, revenue, contract
132	132	payments, grants, or other district money, or any combination of
133	133	those sources of money, to pay for any authorized district purpose.
134	134	(c) The limitation on the outstanding principal amount of
135	135	bonds, notes, and other obligations provided by Section 49.4645,
136	136	Water Code, does not apply to the district.
137	137	Sec. 3818.216. TAXES FOR BONDS. At the time the district
138	138	issues bonds payable wholly or partly from ad valorem taxes, the
139	139	board shall provide for the annual imposition of a continuing
140	140	direct ad valorem tax, without limit as to the rate or amount, while
141	141	all or part of the bonds are outstanding as required and in the
142	142	manner provided by Sections 54.601 and 54.602, Water Code.
143	143	Sec. 3818.217. ELECTIONS REGARDING TAXES AND BONDS.
144	144	(a) The district may issue, without an election, bonds, notes, and
145	145	other obligations secured by revenue other than ad valorem taxes.
146	146	(b) The district must hold an election in the manner
147	147	provided by Subchapter L, Chapter 375, Local Government Code, to
148	148	obtain voter approval before the district may impose an ad valorem
149	149	tax or issue bonds payable from ad valorem taxes.
150	150	(c) Section 375.243, Local Government Code, does not apply
151	151	to the district.
152	152	(d) All or part of any facilities or improvements that the
153	153	district may acquire by the issuance of district bonds may be
154	154	submitted as a single proposition or as several propositions to be
155	155	voted on at the election.
156	156	Sec. 3818.218. COMPETITIVE BIDDING. Subchapter I, Chapter
157	157	49, Water Code, applies to the district. Sections 375.221 and
158	158	375.223, Local Government Code, do not apply to the district.
159	159	Sec. 3818.219. TAX AND ASSESSMENT ABATEMENTS. The district
160	160	may grant in the manner authorized by Chapter 312, Tax Code, an
161	161	abatement for a tax or assessment owed to the district.
162	162	SECTION 11. The following provisions of the Special
163	163	District Local Laws Code are repealed:
164	164	(1) Subsection (b), Section 3818.052;
165	165	(2) Section 3818.053;
166	166	(3) Subsection (b), Section 3818.151;
167	167	(4) Subsection (b), Section 3818.205; and
168	168	(5) Section 3818.208.
169	169	SECTION 12. (a) The legislature validates and confirms all
170	170	governmental acts and proceedings of the board of directors of the
171	171	Harris County Improvement District No. 1 that were taken before the
172	172	effective date of this Act.
173	173	(b) Subsection (a) of this section does not apply to any
174	174	matter that on the effective date of this Act:
175	175	(1) is involved in litigation if the litigation
176	176	ultimately results in the matter being held invalid by a final
177	177	judgment of a court; or
178	178	(2) has been held invalid by a final judgment of a
179	179	court.
180	180	SECTION 13. (a) The legal notice of the intention to
181	181	introduce this Act, setting forth the general substance of this
182	182	Act, has been published as provided by law, and the notice and a
183	183	copy of this Act has been furnished to all persons, agencies,
184	184	officials, or entities to which they are required to be furnished
185	185	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
186	186	Government Code.
187	187	(b) The governor, one of the required recipients, has
188	188	submitted the notice and Act to the Texas Commission on
189	189	Environmental Quality.
190	190	(c) The Texas Commission on Environmental Quality has filed
191	191	its recommendations relating to this Act with the governor,
192	192	lieutenant governor, and speaker of the house of representatives
193	193	within the required time.
194	194	(d) All requirements of the constitution and laws of this
195	195	state and the rules and procedures of the legislature with respect
196	196	to notice, introduction, and passage of this Act have been
197	197	fulfilled and accomplished.
198	198	SECTION 14. This Act takes effect immediately if it
199	199	receives a vote of two-thirds of all the members elected to each
200	200	house, as provided by Section 39, Article III, Texas Constitution.
201	201	If this Act does not receive the vote necessary for immediate
202	202	effect, this Act takes effect September 1, 2009.
203	203	______________________________ ______________________________
204	204	President of the Senate Speaker of the House
205	205	I hereby certify that S.B. No. 2552 passed the Senate on
206	206	May 14, 2009, by the following vote: Yeas 31, Nays 0.
207	207	______________________________
208	208	Secretary of the Senate
209	209	I hereby certify that S.B. No. 2552 passed the House on
210	210	May 26, 2009, by the following vote: Yeas 144, Nays 0, one
211	211	present not voting.
212	212	______________________________
213	213	Chief Clerk of the House
214	214	Approved:
215	215	______________________________
216	216	Date
217	217	______________________________
218	218	Governor