Texas 2009 - 81st Regular

Texas Senate Bill SB2561 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Deuell S.B. No. 2561
2	2	(In the Senate - Filed April 24, 2009; April 27, 2009, read
3	3	first time and referred to Committee on Intergovernmental
4	4	Relations; May 18, 2009, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 5, Nays 0;
6	6	May 18, 2009, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 2561 By: Nichols
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the creation of the Rowlett Pecan Grove Management
13	13	District; providing authority to impose a tax, levy an assessment,
14	14	and issue bonds.
15	15	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	16	SECTION 1. Subtitle C, Title 4, Special District Local Laws
17	17	Code, is amended by adding Chapter 3895 to read as follows:
18	18	CHAPTER 3895. ROWLETT PECAN GROVE MANAGEMENT DISTRICT
19	19	SUBCHAPTER A. GENERAL PROVISIONS
20	20	Sec. 3895.001. DEFINITIONS. In this chapter:
21	21	(1) "Board" means the district's board of directors.
22	22	(2) "City" means the City of Rowlett, Texas.
23	23	(3) "Director" means a member of the board.
24	24	(4) "District" means the Rowlett Pecan Grove
25	25	Management District.
26	26	(5) "Improvement project" means any program or project
27	27	authorized by Section 3895.102, inside or outside the district.
28	28	Sec. 3895.002. CREATION AND NATURE OF DISTRICT. The
29	29	district is a special district created under Sections 52 and 52-a,
30	30	Article III, and Section 59, Article XVI, Texas Constitution.
31	31	Sec. 3895.003. PURPOSE; DECLARATION OF INTENT. (a) The
32	32	creation of the district is essential to accomplish the purposes of
33	33	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
34	34	Texas Constitution, and other public purposes stated in this
35	35	chapter. By creating the district and in authorizing the city and
36	36	other political subdivisions to contract with the district, the
37	37	legislature has established a program to accomplish the public
38	38	purposes set out in Section 52-a, Article III, Texas Constitution.
39	39	(b) The creation of the district is necessary to promote,
40	40	develop, encourage, and maintain employment, commerce,
41	41	transportation, housing, tourism, recreation, the arts,
42	42	entertainment, economic development, safety, and the public
43	43	welfare in the district.
44	44	(c) This chapter and the creation of the district may not be
45	45	interpreted to relieve the city or Dallas County from providing the
46	46	level of services provided as of the effective date of the Act
47	47	creating this chapter to the area in the district. The district is
48	48	created to supplement and not to supplant the city and county
49	49	services provided in the district.
50	50	Sec. 3895.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
51	51	(a) The district is created to serve a public use and benefit.
52	52	(b) All land and other property included in the district
53	53	will benefit from the improvements and services to be provided by
54	54	the district under powers conferred by Sections 52 and 52-a,
55	55	Article III, and Section 59, Article XVI, Texas Constitution, and
56	56	other powers granted under this chapter.
57	57	(c) The creation of the district is in the public interest
58	58	and is essential to further the public purposes of:
59	59	(1) developing and diversifying the economy of the
60	60	state;
61	61	(2) eliminating unemployment and underemployment; and
62	62	(3) developing or expanding transportation and
63	63	commerce.
64	64	(d) The district will:
65	65	(1) promote the health, safety, and general welfare of
66	66	residents, employers, employees, potential employees, visitors,
67	67	and consumers in the district, and of the public;
68	68	(2) provide needed funding for the district to
69	69	preserve, maintain, and enhance the economic health and vitality of
70	70	the district territory as a community and business center; and
71	71	(3) promote the health, safety, welfare, and enjoyment
72	72	of the public by providing pedestrian ways and by landscaping and
73	73	developing certain areas in the district, which are necessary for
74	74	the restoration, preservation, and enhancement of scenic and
75	75	aesthetic beauty.
76	76	(e) Pedestrian ways along or across a street, whether at
77	77	grade or above or below the surface, and street lighting, street
78	78	landscaping, parking, and street art objects are parts of and
79	79	necessary components of a street and are considered to be an
80	80	improvement project that includes a street or road improvement.
81	81	(f) The district will not act as the agent or
82	82	instrumentality of any private interest even though the district
83	83	will benefit many private interests as well as the public.
84	84	Sec. 3895.005. DISTRICT TERRITORY. (a) The district is
85	85	composed of the territory described by Section 2 of the Act creating
86	86	this chapter, as that territory may have been modified under
87	87	Section 3895.108 or other law.
88	88	(b) The boundaries and field notes of the district contained
89	89	in Section 2 of the Act creating this chapter form a closure. A
90	90	mistake in the field notes of the district contained in Section 2 of
91	91	the Act creating this chapter or in copying the field notes in the
92	92	legislative process does not in any way affect:
93	93	(1) the district's organization, existence, or
94	94	validity;
95	95	(2) the district's right to contract, including the
96	96	right to issue any type of bond or other obligation for a purpose
97	97	for which the district is created;
98	98	(3) the district's right to impose or collect an
99	99	assessment, tax, or any other revenue; or
100	100	(4) the legality or operation of the board.
101	101	Sec. 3895.006. ELIGIBILITY FOR REINVESTMENT OR ENTERPRISE
102	102	ZONES. (a) All or any part of the area of the district is
103	103	eligible, regardless of other statutory criteria, to be included
104	104	in:
105	105	(1) a tax increment reinvestment zone created by the
106	106	city under Chapter 311, Tax Code; or
107	107	(2) a tax abatement reinvestment zone created by the
108	108	city under Chapter 312, Tax Code.
109	109	(b) All or any part of the area of the district is eligible
110	110	to be nominated for inclusion in an enterprise zone by the city
111	111	under Chapter 2303, Government Code.
112	112	Sec. 3895.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
113	113	DISTRICTS LAW. Except as otherwise provided by this chapter,
114	114	Chapter 375, Local Government Code, applies to the district.
115	115	Sec. 3895.008. LIBERAL CONSTRUCTION OF CHAPTER. This
116	116	chapter shall be liberally construed in conformity with the
117	117	findings and purposes stated in this chapter.
118	118	[Sections 3895.009-3895.050 reserved for expansion]
119	119	SUBCHAPTER B. BOARD OF DIRECTORS
120	120	Sec. 3895.051. BOARD OF DIRECTORS. The district is
121	121	governed by a board of five directors appointed under Section
122	122	3895.052 and three directors serving ex officio under Section
123	123	3895.053.
124	124	Sec. 3895.052. APPOINTMENT OF DIRECTORS; TERMS. (a) The
125	125	mayor and governing body of the city shall appoint voting
126	126	directors. A person is appointed if a majority of the members of
127	127	the governing body, including the mayor, vote to appoint that
128	128	person. A member of the governing body of the city may not be
129	129	appointed to the board.
130	130	(b) Section 375.063, Local Government Code, does not apply
131	131	to the district.
132	132	(c) The appointed directors serve staggered terms of four
133	133	years, with two or three directors' terms expiring June 1 of each
134	134	odd-numbered year.
135	135	(d) A person may not be appointed to the board if the
136	136	appointment of that person would result in fewer than three of the
137	137	directors residing in the city.
138	138	(e) The governing body of the city shall appoint a director
139	139	to fill a vacancy that occurs on the board.
140	140	(f) District directors are public officials entitled to
141	141	governmental immunity for their official actions.
142	142	Sec. 3895.053. NONVOTING DIRECTORS. (a) The following
143	143	persons serve as nonvoting ex officio directors:
144	144	(1) the manager of the city;
145	145	(2) the financial director of the city; and
146	146	(3) the planning director of the city.
147	147	(b) If an office described by Subsection (a) is renamed,
148	148	changed, or abolished, the governing body of the city may appoint
149	149	another city officer or employee who performs duties comparable to
150	150	those performed by the officer described by Subsection (a).
151	151	Sec. 3895.054. CONFLICTS OF INTEREST. (a) Except as
152	152	provided by Section 3895.053 or this section:
153	153	(1) a director may participate in all board votes and
154	154	decisions; and
155	155	(2) Chapter 171, Local Government Code, governs
156	156	conflicts of interest of board members.
157	157	(b) A director who has a beneficial interest in a business
158	158	entity that will receive a pecuniary benefit from an action of the
159	159	board may participate in discussion and vote on that action if a
160	160	majority of the board has a similar interest in the same action or
161	161	if all other similar business entities in the district will receive
162	162	a similar pecuniary benefit.
163	163	(c) A director who is also an officer or employee of a public
164	164	entity may not participate in a discussion of or vote on a matter
165	165	regarding a contract with that same public entity.
166	166	Sec. 3895.055. DIRECTOR'S OATH OR AFFIRMATION. A
167	167	director's oath or affirmation of office shall be filed with the
168	168	district and the district shall retain the oath or affirmation in
169	169	the district records.
170	170	Sec. 3895.056. OFFICERS. The board shall elect from among
171	171	the directors a chair, vice chair, and secretary.
172	172	Sec. 3895.057. COMPENSATION OF DIRECTORS; REIMBURSEMENT OF
173	173	EXPENSES. A director is not entitled to compensation for service on
174	174	the board but is entitled to be reimbursed for necessary expenses
175	175	incurred in carrying out the duties and responsibilities of a
176	176	director.
177	177	Sec. 3895.058. INITIAL DIRECTORS. (a) The initial board
178	178	consists of the following directors:
179	179	(1)__________________________________;
180	180	(2)__________________________________;
181	181	(3)__________________________________;
182	182	(4)__________________________________; and
183	183	(5)__________________________________.
184	184	(b) Of the initial directors, the terms of directors
185	185	appointed for positions 1 and 2 expire June 1, 2011, and the terms
186	186	of directors appointed for positions 3 through 5 expire June 1,
187	187	2013.
188	188	(c) This section expires September 1, 2013.
189	189	Sec. 3895.059. QUORUM. For purposes of determining whether
190	190	a quorum of the board is present, the following are not counted:
191	191	(1) a board position vacant for any reason, including
192	192	death, resignation, or disqualification;
193	193	(2) a director who is abstaining from participation in
194	194	a vote because of a conflict of interest; or
195	195	(3) a nonvoting director.
196	196	[Sections 3895.060-3895.100 reserved for expansion]
197	197	SUBCHAPTER C. POWERS AND DUTIES
198	198	Sec. 3895.101. GENERAL POWERS AND DUTIES. The district has
199	199	the powers and duties provided by:
200	200	(1) the general laws relating to conservation and
201	201	reclamation districts created under Section 59, Article XVI, Texas
202	202	Constitution, including Chapters 49 and 54, Water Code;
203	203	(2) the general laws relating to road districts and
204	204	road utility districts created under Section 52(b), Article III,
205	205	Texas Constitution, including Chapter 441, Transportation Code;
206	206	(3) Subchapter A, Chapter 372, Local Government Code,
207	207	in the same manner as a municipality or a county;
208	208	(4) Chapter 375, Local Government Code; and
209	209	(5) Chapter 505, Local Government Code, as if the
210	210	district were a municipality to which that chapter applies.
211	211	Sec. 3895.102. IMPROVEMENT PROJECTS. (a) The district may
212	212	provide, or it may enter into contracts with a governmental or
213	213	private entity to provide, the following types of improvement
214	214	projects or activities in support of or incidental to those
215	215	projects:
216	216	(1) a supply and distribution facility or system to
217	217	provide potable and city-approved nonpotable water to the residents
218	218	and businesses of the district, including a wastewater collection
219	219	facility;
220	220	(2) a paved road or street, inside and outside the
221	221	district, to the extent authorized by Section 52, Article III,
222	222	Texas Constitution;
223	223	(3) the planning, design, construction, improvement,
224	224	and maintenance of:
225	225	(A) landscaping;
226	226	(B) highway right-of-way or transit corridor
227	227	beautification and improvement;
228	228	(C) lighting, banners, and signs;
229	229	(D) a street or sidewalk;
230	230	(E) a hiking and cycling path or trail;
231	231	(F) a pedestrian walkway, skywalk, crosswalk, or
232	232	tunnel;
233	233	(G) a park, lake, garden, recreational facility,
234	234	sports facility, open space, scenic area, or related exhibit or
235	235	preserve;
236	236	(H) a fountain, plaza, or pedestrian mall; or
237	237	(I) a drainage or storm-water detention
238	238	improvement;
239	239	(4) protection and improvement of the quality of storm
240	240	water that flows through the district;
241	241	(5) the planning, design, construction, improvement,
242	242	maintenance, and operation of:
243	243	(A) a water or sewer facility; or
244	244	(B) an off-street parking facility or heliport;
245	245	(6) the planning and acquisition of:
246	246	(A) public art and sculpture and related exhibits
247	247	and facilities; or
248	248	(B) an educational and cultural exhibit or
249	249	facility;
250	250	(7) the planning, design, construction, acquisition,
251	251	lease, rental, improvement, maintenance, installation, and
252	252	management of and provision of furnishings for a facility for:
253	253	(A) a conference, convention, or exhibition;
254	254	(B) a manufacturer, consumer, or trade show;
255	255	(C) a civic, community, or institutional event;
256	256	or
257	257	(D) an exhibit, display, attraction, special
258	258	event, or seasonal or cultural celebration or holiday;
259	259	(8) the removal, razing, demolition, or clearing of
260	260	land or improvements in connection with an improvement project;
261	261	(9) the acquisition and improvement of land or other
262	262	property for the mitigation of the environmental effects of an
263	263	improvement project;
264	264	(10) the planning, design, construction, improvement,
265	265	maintenance, and operation of alternative power generation
266	266	facilities, including but not limited to solar, geothermal, and
267	267	wind;
268	268	(11) the acquisition of property or an interest in
269	269	property in connection with an authorized improvement project;
270	270	(12) a special or supplemental service for the
271	271	improvement and promotion of the district or an area adjacent to the
272	272	district or for the protection of public health and safety in or
273	273	adjacent to the district, including:
274	274	(A) advertising;
275	275	(B) promotion;
276	276	(C) tourism;
277	277	(D) health and sanitation;
278	278	(E) public safety;
279	279	(F) security;
280	280	(G) fire protection or emergency medical
281	281	services;
282	282	(H) business recruitment;
283	283	(I) development;
284	284	(J) elimination of traffic congestion; and
285	285	(K) recreational, educational, or cultural
286	286	improvements, enhancements, and services; or
287	287	(13) any similar public improvement, facility, or
288	288	service.
289	289	(b) The district may not undertake an improvement project
290	290	under this section unless the board determines the project to be
291	291	necessary to accomplish a public purpose of the district.
292	292	(c) An improvement project must comply with any applicable
293	293	city requirements, including codes and ordinances.
294	294	(d) The district may not provide, conduct, or authorize any
295	295	improvement project on the city streets, highways, rights-of-way,
296	296	or easements without the consent of the governing body of the city.
297	297	(e) The district shall immediately comply with any city
298	298	ordinance, order, or resolution that:
299	299	(1) requires the district to transfer to the city the
300	300	title to all or any portion of an improvement project; or
301	301	(2) authorizes the district to own, encumber,
302	302	maintain, and operate an improvement project, subject to the right
303	303	of the city to order a conveyance of the project to the city on a
304	304	date determined by the city.
305	305	(f) For the purposes of this section, planning, design,
306	306	construction, improvement, and maintenance of a lake include work
307	307	done for drainage, reclamation, or recreation.
308	308	Sec. 3895.103. GENERAL POWERS REGARDING CONTRACTS.
309	309	(a) The district may:
310	310	(1) contract with any person to accomplish any
311	311	district purpose, including a contract for:
312	312	(A) the payment, repayment, or reimbursement of
313	313	costs incurred by that person on behalf of the district, including
314	314	all or part of the costs of an improvement project and interest on
315	315	the reimbursed cost; or
316	316	(B) the use, occupancy, lease, rental,
317	317	operation, maintenance, or management of all or part of a proposed
318	318	or existing improvement project; and
319	319	(2) apply for and contract with any person to receive,
320	320	administer, and perform a duty or obligation of the district under a
321	321	federal, state, local, or private gift, grant, loan, conveyance,
322	322	transfer, bequest, or other financial assistance arrangement
323	323	relating to the investigation, planning, analysis, study, design,
324	324	acquisition, construction, improvement, completion,
325	325	implementation, or operation by the district or others of a
326	326	proposed or existing improvement project.
327	327	(b) A contract the district enters into to carry out a
328	328	purpose of this chapter may be on any terms and for any period the
329	329	board determines, including a negotiable or nonnegotiable note or
330	330	warrant payable to the city, Dallas County, and any other person.
331	331	(c) Any person may contract with the district to carry out
332	332	the purposes of this chapter without further statutory or other
333	333	authorization.
334	334	(d) A contract payable from ad valorem taxes for a period
335	335	longer than one year must be approved by the governing body of the
336	336	city.
337	337	Sec. 3895.104. COMPETITIVE BIDDING. Section 375.221, Local
338	338	Government Code, applies only to a district contract that has a
339	339	value of more than $50,000.
340	340	Sec. 3895.105. ECONOMIC DEVELOPMENT. The district may
341	341	create economic development programs and exercise the economic
342	342	development powers that:
343	343	(1) Chapter 380, Local Government Code, provides to a
344	344	municipality with a population of more than 100,000; and
345	345	(2) Chapter 1509, Government Code, provides to a
346	346	municipality.
347	347	Sec. 3895.106. RULES; ENFORCEMENT. (a) The district may
348	348	adopt rules:
349	349	(1) to administer or operate the district;
350	350	(2) for the use, enjoyment, availability, protection,
351	351	security, and maintenance of the district's property and
352	352	facilities; or
353	353	(3) to provide for public safety and security in the
354	354	district.
355	355	(b) The district may enforce its rules by injunctive relief.
356	356	(c) To the extent a district rule conflicts with a city
357	357	rule, order, or regulation, the city rule, order, or regulation
358	358	controls.
359	359	Sec. 3895.107. NAME CHANGE. The board by resolution may
360	360	change the district's name. The board shall give written notice of
361	361	the change to the city.
362	362	Sec. 3895.108. ADDING OR REMOVING TERRITORY. The board may
363	363	add or remove territory under Subchapter J, Chapter 49, and Section
364	364	54.016, Water Code, except that:
365	365	(1) the addition or removal of the territory must be
366	366	approved by:
367	367	(A) the governing body of the city; and
368	368	(B) the owners of the territory being added or
369	369	removed;
370	370	(2) a reference to a tax in Subchapter J, Chapter 49,
371	371	or Section 54.016, Water Code, means an ad valorem tax; and
372	372	(3) territory may not be removed from the district if
373	373	bonds or other obligations of the district payable wholly or partly
374	374	from ad valorem taxes on the territory are outstanding.
375	375	Sec. 3895.109. NO EMINENT DOMAIN POWER. The district may
376	376	not exercise the power of eminent domain.
377	377	Sec. 3895.110. DISTRICT EMPLOYEES; TERMS OF EMPLOYMENT;
378	378	COMPENSATION. The board may employ and establish the terms of
379	379	employment and compensation of:
380	380	(1) an executive director or general manager; or
381	381	(2) any other district employee the board considers
382	382	necessary.
383	383	[Sections 3895.111-3895.150 reserved for expansion]
384	384	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
385	385	Sec. 3895.151. GENERAL POWERS REGARDING FINANCIAL MATTERS.
386	386	Except as provided by Section 3895.161, the district may:
387	387	(1) impose an ad valorem tax on all taxable property in
388	388	the district, including industrial, commercial, and residential
389	389	property, to pay for an improvement project;
390	390	(2) impose an assessment on property in the district
391	391	in the manner provided for:
392	392	(A) a district under Subchapter F, Chapter 375,
393	393	Local Government Code; or
394	394	(B) a municipality or county under Subchapter A,
395	395	Chapter 372, Local Government Code;
396	396	(3) provide or secure the payment or repayment of the
397	397	costs and expenses of the establishment, administration, and
398	398	operation of the district and the district's costs or share of the
399	399	costs or revenue of an improvement project or district contractual
400	400	obligation or indebtedness by or through:
401	401	(A) a lease, installment purchase contract, or
402	402	other agreement with any person;
403	403	(B) the imposition of a tax, assessment, user
404	404	fee, concession fee, or rental charge; or
405	405	(C) any other revenue or resource of the
406	406	district;
407	407	(4) establish user charges related to the operation of
408	408	storm-water facilities, including the regulation of storm water for
409	409	the protection of water quality in the district;
410	410	(5) establish user charges for the use of nonpotable
411	411	water for irrigation purposes, subject to the approval of the
412	412	governing body of the city;
413	413	(6) undertake separately or jointly with other
414	414	persons, including the city or Dallas County, all or part of the
415	415	cost of an improvement project, including an improvement project:
416	416	(A) for improving, enhancing, and supporting
417	417	public safety and security, fire protection and emergency medical
418	418	services, and law enforcement in and adjacent to the district; or
419	419	(B) that confers a general benefit on the entire
420	420	district or a special benefit on a definable part of the district;
421	421	and
422	422	(7) enter into a tax abatement agreement in accordance
423	423	with the general laws of this state authorizing and applicable to
424	424	tax abatement agreements by municipalities.
425	425	Sec. 3895.152. BORROWING MONEY. The district may borrow
426	426	money for a district purpose by issuing or executing bonds, notes,
427	427	credit agreements, or other obligations of any kind found by the
428	428	board to be necessary or appropriate for the district purpose. The
429	429	bond, note, credit agreement, or other obligation must be secured
430	430	by and payable from ad valorem taxes, assessments, or other
431	431	district revenue.
432	432	Sec. 3895.153. IMPACT FEES AND ASSESSMENTS; EXEMPTION.
433	433	(a) The district may impose an impact fee or assessment on
434	434	property in the district, including an impact fee or assessment on
435	435	residential or commercial property, only in the manner provided by
436	436	Subchapter A, Chapter 372, or Subchapter F, Chapter 375, Local
437	437	Government Code, for a municipality, county, or public improvement
438	438	district, according to the benefit received by the property.
439	439	(b) An impact fee for residential property must be for the
440	440	limited purpose of providing capital funding for:
441	441	(1) public water and wastewater facilities;
442	442	(2) drainage and storm-water facilities; and
443	443	(3) streets and alleys.
444	444	(c) An assessment, a reassessment, or an assessment
445	445	resulting from an addition to or correction of the assessment roll
446	446	by the district, penalties and interest on an assessment or
447	447	reassessment, or an expense of collection of an assessment,
448	448	including reasonable attorney's fees, incurred by the district:
449	449	(1) is a first and prior lien against the property
450	450	assessed; and
451	451	(2) is superior to any other lien or claim other than a
452	452	lien or claim for county, school district, or municipal ad valorem
453	453	taxes.
454	454	(d) The board may make a correction to or deletion from the
455	455	assessment roll that does not increase the amount of assessment of
456	456	any parcel of land without providing notice and holding a hearing in
457	457	the manner required for additional assessments.
458	458	(e) The district may not impose an impact fee on the
459	459	property, including equipment and facilities, of a public utility
460	460	provider in the district.
461	461	Sec. 3895.154. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
462	462	Section 375.161, Local Government Code, does not apply to the
463	463	district.
464	464	Sec. 3895.155. MAINTENANCE AND OPERATION TAX; ELECTION.
465	465	(a) Except as provided by Section 3895.161, the district may
466	466	impose a tax for maintenance and operation purposes, including for:
467	467	(1) planning, constructing, acquiring, maintaining,
468	468	repairing, and operating all improvement projects, including land,
469	469	plants, works, facilities, improvements, appliances, and equipment
470	470	of the district; and
471	471	(2) paying costs of services, engineering and legal
472	472	fees, and organization and administrative expenses.
473	473	(b) The district may not impose a maintenance and operation
474	474	tax unless the maximum tax rate is approved by the governing body of
475	475	the city and a majority of the district voters voting at an election
476	476	held for that purpose. If the maximum tax rate is approved, the
477	477	board may impose the tax at any rate that does not exceed the
478	478	approved rate.
479	479	(c) A maintenance and operation tax election may be held at
480	480	the same time and in conjunction with any other district election.
481	481	The election may be called by a separate election order or as part
482	482	of any other election order.
483	483	(d) The proposition in a maintenance and operation tax
484	484	election may be for a specific maximum rate.
485	485	Sec. 3895.156. USE OF SURPLUS MAINTENANCE AND OPERATION
486	486	MONEY. If the district has surplus maintenance and operation tax
487	487	money that is not needed for the purposes for which it was
488	488	collected, the money may be used for any authorized purpose.
489	489	Sec. 3895.157. BOND ISSUANCE PLAN REQUIRED BEFORE ISSUING
490	490	BONDS. The district may not issue bonds until the governing body of
491	491	the city approves a bond issuance plan authorizing and setting
492	492	forth the limitations on the issuance of the bonds.
493	493	Sec. 3895.158. BONDS AND OTHER OBLIGATIONS; MUNICIPAL
494	494	APPROVAL. (a) Except as provided by Sections 3895.157 and
495	495	3895.161, the district may issue, by competitive bid or negotiated
496	496	sale, bonds, notes, or other obligations payable wholly or partly
497	497	from ad valorem taxes or assessments in the manner provided by
498	498	Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local
499	499	Government Code.
500	500	(b) In exercising the district's borrowing power, the
501	501	district may issue a bond or other obligation in the form of a bond,
502	502	note, certificate of participation or other instrument evidencing a
503	503	proportionate interest in payments to be made by the district, or
504	504	other type of obligation.
505	505	(c) In addition to the sources of money described by
506	506	Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
507	507	Government Code, district bonds may be secured and made payable
508	508	wholly or partly by a pledge of any part of the net proceeds the
509	509	district receives from any other district revenue.
510	510	Sec. 3895.159. BOND MATURITY. Bonds may mature not more
511	511	than 40 years from their date of issue.
512	512	Sec. 3895.160. TAXES FOR BONDS AND OTHER OBLIGATIONS.
513	513	(a) At the time bonds or other obligations payable wholly or
514	514	partly from ad valorem taxes are issued:
515	515	(1) the board shall impose a continuing direct annual
516	516	ad valorem tax, without limit as to rate or amount, for each year
517	517	that all or part of the bonds are outstanding; and
518	518	(2) the district annually shall impose an ad valorem
519	519	tax on all taxable property in the district in an amount sufficient
520	520	to:
521	521	(A) pay the interest on the bonds or other
522	522	obligations as the interest becomes due;
523	523	(B) create a sinking fund for the payment of the
524	524	principal of the bonds or other obligations when due or the
525	525	redemption price at any earlier required redemption date; and
526	526	(C) pay the expenses of imposing the taxes.
527	527	(b) Bonds or other obligations that are secured by and
528	528	payable from ad valorem taxes may not be issued unless the bonds and
529	529	the imposition of the taxes are approved by:
530	530	(1) a majority of the district voters voting at an
531	531	election held for that purpose; and
532	532	(2) the governing body of the city.
533	533	(c) The district shall hold an election required by this
534	534	section in the manner provided by Chapter 54, Water Code.
535	535	Sec. 3895.161. PROJECT DEVELOPMENT AGREEMENT REQUIRED TO
536	536	IMPOSE TAXES OR BORROW MONEY, INCLUDING BONDS. Before the district
537	537	may issue bonds, impose taxes, or borrow money, the district and the
538	538	city must negotiate and execute a mutually approved and accepted
539	539	interlocal project development agreement regarding the development
540	540	plans and rules for:
541	541	(1) the development and operation of the district; and
542	542	(2) the financing of improvement projects.
543	543	Sec. 3895.162. CITY NOT REQUIRED TO PAY DISTRICT
544	544	OBLIGATIONS. Except as provided by Section 375.263, Local
545	545	Government Code, the city is not required to pay a bond, note, or
546	546	other obligation of the district.
547	547	[Sections 3895.163-3895.200 reserved for expansion]
548	548	SUBCHAPTER E. DISSOLUTION
549	549	Sec. 3895.201. DISSOLUTION BY CITY ORDINANCE. (a) If the
550	550	city by ordinance adopts by a two-thirds vote of its governing body
551	551	an ordinance to dissolve the district, the district is dissolved.
552	552	(b) The district may not be dissolved until the district's
553	553	outstanding indebtedness or contractual obligations payable from
554	554	ad valorem taxes have been repaid or discharged.
555	555	(c) The district may not be dissolved until the agreement
556	556	under Section 3895.161 has been executed and the district's
557	557	performance under the agreement has been fulfilled, including any
558	558	right or obligation the district has to reimburse a developer or
559	559	owner for the costs of improvement projects.
560	560	Sec. 3895.202. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
561	561	(a) If the dissolved district has bonds or other obligations
562	562	outstanding secured by and payable from assessments or other
563	563	revenue, other than ad valorem taxes, the city succeeds to the
564	564	rights and obligations of the district regarding enforcement and
565	565	collection of the assessments or other revenue.
566	566	(b) If the district is dissolved, the city has and may
567	567	exercise all district powers to enforce and collect the assessments
568	568	or other revenue to pay:
569	569	(1) the bonds or other obligations when due and
570	570	payable according to their terms; or
571	571	(2) special revenue or assessment bonds or other
572	572	obligations issued by the city to refund the outstanding bonds or
573	573	obligations.
574	574	Sec. 3895.203. ASSUMPTION OF ASSETS AND LIABILITIES.
575	575	(a) The district may not be dissolved by the city unless the city
576	576	assumes the obligations of the district, including any bonds or
577	577	other indebtedness payable from assessments or other district
578	578	revenue.
579	579	(b) If the city dissolves the district, the board shall
580	580	transfer ownership of all district property to the city.
581	581	SECTION 2. The Rowlett Pecan Grove Management District
582	582	initially includes all territory contained in the following area:
583	583	TRACT 1: BEING Lots 1 and 2, in Block A of Pecan Grove Park
584	584	Addition, an Addition to the City of Rowlett, Dallas County, Texas,
585	585	according to the Map thereof recorded under cc#200600238026, Real
586	586	Property Records of Dallas County, Texas; and
587	587	TRACT 2: BEING all that certain lot, tract or parcel of land
588	588	situated in the Thomas Lumley Survey, Abstract No. 789, City of
589	589	Rowlett, Dallas County, Texas, and being a part of a 87.934 acres
590	590	tract of land as described in a Special Warranty deed from Garland
591	591	Independent School District to City of Rowlett, dated August 27,
592	592	1997 and being recorded in Volume 97175, Page 1103 of the Deed
593	593	Records of Dallas County, Texas, and being more particularly
594	594	described as follows:
595	595	BEGINNING at a 3/8" iron rod found for corner in the east
596	596	right-of-way line of Kirby Road (variable width right-of-way) and
597	597	in the meanders of a creek, said point being at the west most
598	598	northwest corner of said 87.934 acres tract and at the southwest
599	599	corner of Lot 1, Block A, Rowlett High School, an Addition to the
600	600	City of Rowlett, Texas, according to the Map thereof recorded in
601	601	Volume 94179, Page 1344 of the Map Records of Dallas County, Texas;
602	602	THENCE in an easterly direction along the south line of said
603	603	Addition and generally along the meanders of said creek as follows:
604	604	S. 26 deg. 27 min. 49 sec. E. a distance of 111.48 feet;
605	605	N. 70 deg. 10 min. 55 sec. E. a distance of 260.00 feet;
606	606	S. 79 deg. 19 min. 59 sec. E. a distance of 195.00 feet;
607	607	N. 81 deg. 03 min. 35 sec. E. a distance of 110.00 feet;
608	608	S. 51 deg. 03 min. 57 sec. E. a distance of 60.00 feet;
609	609	N. 79 deg. 18 min. 55 sec. E. a distance of 175.00 feet;
610	610	S. 38 deg. 56 min. 57 sec. E. a distance of 142.00 feet;
611	611	N. 57 deg. 52 min. 19 sec. E. a distance of 115.00 feet;
612	612	S. 15 deg. 11 min. 06 sec. E. a distance of 108.00 feet;
613	613	S. 19 deg. 47 min. 39 sec. W. a distance of 106.00 feet;
614	614	S. 78 deg. 40 min. 34 sec. E. a distance of 335.00 feet;
615	615	S. 13 deg. 24 min. 39 sec. E. a distance of 92.20 feet;
616	616	THENCE N. 59 deg. 02 min. 24 sec. E. leaving the meanders of
617	617	said creek and continuing along the south line of said Addition, a
618	618	distance of 219.48 feet to a 1/2" iron rod found for corner at the
619	619	southeast corner of said Addition and being in the west line of a
620	620	100 foot T.P. & L. Co. easement as recorded in Volume 67115, Page
621	621	202 of the Deed Records of Dallas County, Texas;
622	622	THENCE N. 00 deg. 55 min. 24 sec. W. along the east line of
623	623	said Addition, a distance of 500.14 feet to a 5/8" iron rod found
624	624	for corner at the southwest corner of Lot 2, Block A, of Pecan Grove
625	625	Park Addition, an Addition to the City of Rowlett, Dallas County,
626	626	Texas, according to the Map thereof recorded under cc#200600238026,
627	627	Real Property Records of Dallas County, Texas;
628	628	THENCE N. 89 deg. 04 min. 17 sec. E. along the south line of
629	629	said Lot 2, a distance of 936.07 feet to a 5/8" iron rod found for
630	630	corner at the southeast corner of Lot 2 and the south most southwest
631	631	corner of said Lot 1;
632	632	THENCE N. 68 deg. 17 min. 12 sec. E. along the southeast line
633	633	of said Lot 1, a distance of 800.60 feet to a 5/8" iron rod found for
634	634	corner in the southwest right-of-way line of Dallas Area Rapid
635	635	Transit (100' R.O.W.)
636	636	THENCE S. 45 deg. 29 min. 56 sec. E. along said right-of-way
637	637	line, a distance of 97.69 feet to a 1/2" iron rod found for corner in
638	638	the west take line of the City of Dallas for Lake Ray Hubbard as
639	639	recorded in Volume 69061, Page 970 of the Deed Records of Dallas
640	640	County, Texas;
641	641	THENCE S. 18 deg. 04 min. 52 sec. E. along said take line, a
642	642	distance of 338.92 feet to a concrete monument with brass disk
643	643	marked "City of Dallas Water Dept. U-10-2" found for corner;
644	644	THENCE S. 02 deg. 36 min. 36 sec. E. along said take line, a
645	645	distance of 502.17 feet to a concrete monument with brass disk
646	646	marked "City of Dallas Water Dept. U-6-2" found for corner;
647	647	THENCE S. 19 deg. 09 min. 28 sec. W. along said take line, a
648	648	distance of 477.18 feet to a broken concrete monument with brass
649	649	disk marked "City of Dallas Water Dept. U-6-1" found for corner;
650	650	THENCE S. 89 deg. 19 min. 30 sec. W. along the north line of a
651	651	2.29 acres tract as described in a Deed to Singh Lalsingh Sanker, as
652	652	recorded in Volume 87085, Page 4639 of the Deed Records of Dallas
653	653	County, Texas, a distance of 705.12 feet to a 1/2" iron rod found
654	654	for corner in the east right-of-way line of Miller Heights Drive
655	655	(60' R.O.W.);
656	656	THENCE N. 02 deg. 54 min. 52 sec. E., along said right-of-way
657	657	line, a distance of 10.12 feet to a 1/2" iron rod found for corner;
658	658	THENCE S. 89 deg. 18 min. 25 sec. W. along said right-of-way
659	659	line, a distance of 2546.89 feet to a 1/2" iron rod found for corner
660	660	in the east right-of-way line of Kirby Road and being at the
661	661	southwest corner of said 87.934 acres tract;
662	662	THENCE N. 00 deg. 54 min. 25 sec. W. along said right-of-way
663	663	line, a distance of 569.41 feet to a 1/2" iron rod found for corner;
664	664	THENCE N. 05 deg. 30 min. 22 sec. E. along said right-of-way
665	665	line, a distance of 200.25 feet to a 1/2" iron rod found for corner;
666	666	THENCE N. 00 deg. 57 min. 36 sec. W. along said right-of-way
667	667	line, a distance of 123.69 feet to the POINT OF BEGINNING and
668	668	containing 3,171.925 square feet or 72.82 acres of land.
669	669	SECTION 3. (a) The legal notice of the intention to
670	670	introduce this Act, setting forth the general substance of this
671	671	Act, has been published as provided by law, and the notice and a
672	672	copy of this Act have been furnished to all persons, agencies,
673	673	officials, or entities to which they are required to be furnished
674	674	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
675	675	Government Code.
676	676	(b) The governor, one of the required recipients, has
677	677	submitted the notice and Act to the Texas Commission on
678	678	Environmental Quality.
679	679	(c) The Texas Commission on Environmental Quality has filed
680	680	its recommendations relating to this Act with the governor,
681	681	lieutenant governor, and speaker of the house of representatives
682	682	within the required time.
683	683	(d) The general law relating to consent by political
684	684	subdivisions to the creation of districts with conservation,
685	685	reclamation, and road powers and the inclusion of land in those
686	686	districts has been complied with.
687	687	(e) All requirements of the constitution and laws of this
688	688	state and the rules and procedures of the legislature with respect
689	689	to the notice, introduction, and passage of this Act have been
690	690	fulfilled and accomplished.
691	691	SECTION 4. This Act takes effect immediately if it receives
692	692	a vote of two-thirds of all the members elected to each house, as
693	693	provided by Section 39, Article III, Texas Constitution. If this
694	694	Act does not receive the vote necessary for immediate effect, this
695	695	Act takes effect September 1, 2009.
696	696	* * * * *