By: Alonzo (Senate Sponsor - West) H.B. No. 1651
(In the Senate - Received from the House April 27, 2011;
April 29, 2011, read first time and referred to Committee on
Intergovernmental Relations; May 19, 2011, reported favorably by
the following vote: Yeas 5, Nays 0; May 19, 2011, sent to
printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the North Oak Cliff Municipal Management District.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3884.157(c), Special District Local Laws
Code, is amended to read as follows:
(c) In addition to the sources of money described by
Subchapter A, Chapter 372, Local Government Code, and Subchapter J,
Chapter 375, Local Government Code, district bonds may be secured
and made payable wholly or partly by a pledge of any part of the
money the district receives from system or improvement project
revenue or from any other source, including revenue received by the
district under Chapter 311, Tax Code.
SECTION 2. Chapter 3884, Special District Local Laws Code,
is amended by adding Subchapter F to read as follows:
SUBCHAPTER F. DEFINED AREAS
Sec. 3884.301. AUTHORITY TO ESTABLISH DEFINED AREAS OR
DESIGNATED PROPERTY. As provided by this subchapter, the district
may define areas or designate certain property of the district to
pay for improvements, facilities, or services that primarily
benefit that area or property and do not generally and directly
benefit the district as a whole.
Sec. 3884.302. PROCEDURE TO ESTABLISH DEFINED AREAS OR
DESIGNATED PROPERTY. The board may adopt an order establishing one
or more defined areas or designating property under Section
3884.301. The order must describe each defined area by metes and
bounds or designate the specific property.
Sec. 3884.303. TAX OR BOND ELECTION. Before the district
may impose an ad valorem tax or issue bonds payable from ad valorem
taxes of the area defined or property designated under Section
3884.302, the board shall hold an election in the defined area or in
the boundaries of the designated property.
Sec. 3884.304. DECLARING RESULT. If a majority of the
voters voting at the election approve the imposition of the tax or
the issuance of the bonds, the board shall declare the results.
Sec. 3884.305. TAXES FOR SERVICES, IMPROVEMENTS, AND
FACILITIES IN DEFINED AREAS OR DESIGNATED PROPERTY. On adoption of
the order described by Section 3884.302 and voter approval under
Section 3884.303, the district may apply separately, differently,
equitably, and specifically its taxing power and lien authority to
the defined area or designated property to provide money to
construct, administer, maintain, and operate services,
improvements, and facilities that primarily benefit the defined
area or designated property.
Sec. 3884.306. ISSUANCE OF BONDS AND IMPOSITION OF TAXES
FOR DEFINED AREA OR DESIGNATED PROPERTY. After adoption of the
order described by Section 3884.302 and voter approval under
Section 3884.303, the district may issue bonds to provide for any
land, improvements, facilities, plants, equipment, and appliances
for the defined area or designated property.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. This Act takes effect September 1, 2011.
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