Texas 2011 - 82nd Regular

Texas House Bill HB2232 Compare Versions

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1	1	82R19692 JXC-F
2	2	By: Smith of Harris H.B. No. 2232
3	3	Substitute the following for H.B. No. 2232:
4	4	By: Fletcher C.S.H.B. No. 2232
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the operation, powers, and duties of ship channel
10	10	districts.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 68.051(c), Water Code, is amended to
13	13	read as follows:
14	14	(c) Except as provided by Subsection (d), after [After] the
15	15	district is created, the commissioners court that created the
16	16	district by order may provide for this chapter to apply to any other
17	17	type of facility that the district by petition requests the court to
18	18	add.
19	19	SECTION 2. Sections 68.152(a) and (b), Water Code, are
20	20	amended to read as follows:
21	21	(a) The commissioners court of the county shall appoint as
22	22	[two] directors for each security zone the one or two nominees as
23	23	appropriate for the staggering of terms who received the highest
24	24	number of votes in a [from a list of two persons nominated by a
25	25	majority] vote by [of] the facility owners in each security zone.
26	26	Each [nominated] person nominated as a director must be employed by
27	27	a facility owner at a facility in the zone.
28	28	(b) After reviewing the list of persons nominated to be
29	29	directors, the commissioners court shall approve or disapprove the
30	30	nominations for each security zone.
31	31	SECTION 3. Section 68.156, Water Code, is amended by adding
32	32	Subsection (c) to read as follows:
33	33	(c) When a director's term expires, the successor director
34	34	is appointed in the manner provided by this subchapter for that
35	35	director position.
36	36	SECTION 4. Section 68.161, Water Code, is amended to read as
37	37	follows:
38	38	Sec. 68.161. MEETINGS. (a) Except as provided by
39	39	Subsection (c), the [The] board shall determine the frequency of
40	40	its meetings and may hold meetings at any time the board determines.
41	41	(b) The board shall conduct its meetings in this state [the
42	42	district].
43	43	(c) The board shall meet at least once per year.
44	44	(d) The board may combine its annual meeting, or any other
45	45	meeting, with a hearing held under Section 68.302.
46	46	(e) At each meeting, the board shall make available to the
47	47	public the following, except to the extent the board determines
48	48	that disclosure may jeopardize the safety and security of a
49	49	facility in the district:
50	50	(1) an accounting of all federal and district money
51	51	received and spent by the district during the preceding year;
52	52	(2) a summary of all security projects implemented by
53	53	the district, including a report detailing the effectiveness of the
54	54	security projects;
55	55	(3) a description of all pending or planned district
56	56	security projects; and
57	57	(4) an estimate of the money that will be received
58	58	through any proposed assessments and a description of how the money
59	59	will be spent.
60	60	SECTION 5. Subchapter F, Chapter 68, Water Code, is amended
61	61	by adding Sections 68.255 and 68.256 to read as follows:
62	62	Sec. 68.255. QUARTERLY FINANCIAL REPORT BY COMMISSIONERS
63	63	COURT. The commissioners court shall provide a quarterly financial
64	64	report to the board. The report must comply with generally accepted
65	65	accounting principles and list all federal money received by the
66	66	county and all outstanding obligations by the county to fund the
67	67	district and its functions.
68	68	Sec. 68.256. QUARTERLY GENERAL ACCOUNTING BY BOARD. The
69	69	board shall prepare a quarterly accounting of the district's
70	70	general operating and maintenance costs. The accounting must
71	71	comply with generally accepted accounting principles.
72	72	SECTION 6. Section 68.301, Water Code, is amended to read as
73	73	follows:
74	74	Sec. 68.301. AUTHORITY TO IMPOSE ASSESSMENT; HEARING
75	75	REQUIRED. (a) The board may impose one or more assessments [an
76	76	assessment] against one or more facilities for any district
77	77	purpose, including for general district purposes or for a specific
78	78	security project or security service.
79	79	(b) The board may not impose the assessment until the board
80	80	holds the hearing required by this subchapter.
81	81	SECTION 7. Section 68.303(a), Water Code, is amended to
82	82	read as follows:
83	83	(a) Not later than the 30th day before the date of the
84	84	hearing, the district shall provide notice of the hearing by
85	85	certified mail, return receipt requested, to each facility owner:
86	86	(1) at the current address of each facility according
87	87	to the appraisal record maintained by the appraisal district for
88	88	that facility under Section 25.02, Tax Code; or
89	89	(2) if the appraisal records do not accurately reflect
90	90	that address or do not show the physical location of a particular
91	91	facility, at the facility's physical location as reflected by any
92	92	other information available.
93	93	SECTION 8. Section 68.307(c), Water Code, is amended to
94	94	read as follows:
95	95	(c) After all objections have been heard and action has been
96	96	taken with regard to those objections, the board by resolution
97	97	shall impose the assessments on the facilities and shall specify
98	98	the method of payment of the assessments. A facility shall pay
99	99	assessments in one lump sum on the date designated by the board,
100	100	unless the board allows the [and may provide that those]
101	101	assessments to be paid in periodic installments under Subsection
102	102	(d).
103	103	SECTION 9. Section 68.313, Water Code, is amended by
104	104	amending Subsection (b) and adding Subsection (d) to read as
105	105	follows:
106	106	(b) An assessment, a reassessment, or an assessment
107	107	resulting from an addition to or correction of the assessment roll
108	108	by the district, penalties and interest on an assessment or
109	109	reassessment, an expense of collection, and reasonable attorney's
110	110	fees incurred by the district:
111	111	(1) are a first and prior lien against the facility
112	112	[property] assessed;
113	113	(2) are superior to any other lien or claim other than
114	114	a lien or claim for county, school district, or municipal ad valorem
115	115	taxes; and
116	116	(3) are the personal liability of and a charge against
117	117	the owners of the facility [property] even if the owners are not
118	118	named in the assessment proceedings.
119	119	(d) This section applies to a property interest that is a
120	120	facility listed in Section 68.051(b), including:
121	121	(1) an improvement or fixture; and
122	122	(2) an owned or leased property interest.
123	123	SECTION 10. Chapter 68, Water Code, is amended by adding
124	124	Subchapter I to read as follows:
125	125	SUBCHAPTER I. ADDITION AND EXCLUSION OF TERRITORY AND FACILITIES
126	126	Sec. 68.401. PETITION BY BOARD TO ADD TERRITORY AND
127	127	FACILITIES. (a) A board may petition the commissioners court of
128	128	the county that created the district to add to the district
129	129	territory that contains a facility in the county if the board finds
130	130	that a security project or security service in the district
131	131	benefits or will benefit the facility.
132	132	(b) The petition must describe:
133	133	(1) the territory to be added;
134	134	(2) the facilities in the territory to be added; and
135	135	(3) the total territory of the district after the
136	136	addition of the territory.
137	137	(c) The petition must recommend a security zone in which the
138	138	facility to be added should be included. The board may recommend
139	139	modifying one or more security zones as necessary to add the
140	140	facility. The board of a district that has four security zones may
141	141	also recommend adding a fifth security zone as necessary to add the
142	142	new facility. The recommendation must also note whether the
143	143	security zone of any facilities will change if the petition is
144	144	granted.
145	145	(d) If any part of an assessment imposed by the board is
146	146	allocable to the facility to be added, the petition must describe
147	147	the portion, amount, and payment terms of the portion of the
148	148	assessment that is allocable to the facility.
149	149	Sec. 68.402. HEARING AND ACTION ON BOARD'S PETITION TO ADD
150	150	TERRITORY AND FACILITIES. The commissioners court:
151	151	(1) shall publish notice and conduct a hearing on the
152	152	petition under Sections 68.104 and 68.105; and
153	153	(2) may grant the petition if the commissioners court
154	154	determines that a security project or security service in the
155	155	district benefits or will benefit the facility.
156	156	Sec. 68.403. PETITION BY FACILITY OWNER TO ADD TERRITORY
157	157	AND FACILITIES. (a) The owner of a facility in the county may
158	158	petition the board of a district requesting that the board petition
159	159	the commissioners court to add to the district territory that
160	160	contains the facility in the county. The petition must describe the
161	161	territory and facility to be added and be signed by each owner of
162	162	the facility.
163	163	(b) If the board grants the petition, the board shall
164	164	petition the commissioners court to add the territory and make
165	165	recommendations to the court under Subsection (d).
166	166	(c) The petition the board submits to the commissioners
167	167	court must describe:
168	168	(1) the territory to be added;
169	169	(2) the facilities in the territory to be added; and
170	170	(3) the total territory of the district after the
171	171	addition of the territory.
172	172	(d) The board shall recommend the security zone in which the
173	173	facility to be added should be included. The board may recommend
174	174	modifying one or more security zones as necessary to add the
175	175	facility. The board of a district that has four security zones may
176	176	also recommend adding a fifth security zone as necessary to add the
177	177	new facility. The recommendation must also note whether the
178	178	security zone of any facilities will change if the petition is
179	179	granted.
180	180	(e) If any part of an assessment imposed by the board is
181	181	allocable to the facility to be added, the board must include with
182	182	the petition it forwards to the commissioners court a description
183	183	of the portion, amount, and payment terms of the portion of the
184	184	assessment that is allocable to the facility.
185	185	Sec. 68.404. ACTION ON FACILITY OWNER'S PETITION TO ADD
186	186	TERRITORY AND FACILITIES. The commissioners court may grant the
187	187	petition.
188	188	Sec. 68.405. MODIFICATION OF ORDER. A commissioners court
189	189	that adds territory under this subchapter shall modify the order
190	190	that created the district under Section 68.107 to:
191	191	(1) modify the territory;
192	192	(2) add the facility;
193	193	(3) describe any security zones created or modified
194	194	under this section, including the location of any facilities whose
195	195	zone has changed;
196	196	(4) identify the security zone in which the added
197	197	facility is located; and
198	198	(5) describe the portion, amount, and terms of payment
199	199	of an assessment imposed by the board that is allocable to the
200	200	facility.
201	201	Sec. 68.406. PETITION BY BOARD TO EXCLUDE TERRITORY AND
202	202	FACILITIES. (a) On the request of a facility in the district or on
203	203	its own motion, a board may petition the commissioners court of the
204	204	county that created the district to exclude territory and included
205	205	facilities from the district. The petition must include:
206	206	(1) a finding by the board that excluding the
207	207	territory is practical, just, and reasonable;
208	208	(2) a description of the territory to be excluded; and
209	209	(3) a description of the total territory of the
210	210	district after the exclusion of the territory.
211	211	(b) The petition may include recommendations to:
212	212	(1) modify one or more security zones or eliminate a
213	213	security zone, provided that the district may not have fewer than
214	214	four security zones; and
215	215	(2) modify assessments that the facility has not paid.
216	216	Sec. 68.407. HEARING AND ACTION ON BOARD'S PETITION TO
217	217	EXCLUDE TERRITORY AND FACILITIES. (a) The commissioners court:
218	218	(1) shall publish notice and conduct a hearing on the
219	219	petition under Sections 68.104 and 68.105; and
220	220	(2) may grant the petition if the commissioners court
221	221	finds that exclusion of the territory that contains the facility is
222	222	practical, just, and reasonable.
223	223	(b) A commissioners court that excludes territory under
224	224	this section shall modify the order that created the district under
225	225	Section 68.107 to:
226	226	(1) modify the territory;
227	227	(2) exclude the facility;
228	228	(3) describe any security zones modified or eliminated
229	229	under this section, including the location of any facilities whose
230	230	zone has changed; and
231	231	(4) modify unpaid assessments, as applicable.
232	232	SECTION 11. Section 68.152, Water Code, as amended by this
233	233	Act, applies only to a director nominated on or after the effective
234	234	date of this Act. A director nominated before the effective date of
235	235	this Act is governed by the law in effect when the nomination was
236	236	made, and that law is continued in effect for that purpose.
237	237	SECTION 12. This Act takes effect immediately if it
238	238	receives a vote of two-thirds of all the members elected to each
239	239	house, as provided by Section 39, Article III, Texas Constitution.
240	240	If this Act does not receive the vote necessary for immediate
241	241	effect, this Act takes effect September 1, 2011.