Texas 2011 - 82nd Regular

Texas House Bill HB3812 Compare Versions

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1	1	82R16169 NAJ-F
2	2	By: Howard of Fort Bend H.B. No. 3812
3	3	Substitute the following for H.B. No. 3812:
4	4	By: Beck C.S.H.B. No. 3812
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the powers and duties of the Imperial Redevelopment
10	10	District; providing authority to impose a tax and issue bonds.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 8150.001, Special District Local Laws
13	13	Code, is amended by adding Subdivision (2-a) to read as follows:
14	14	(2-a) "County" means Fort Bend County, Texas.
15	15	SECTION 2. Section 8150.002, Special District Local Laws
16	16	Code, is amended to read as follows:
17	17	Sec. 8150.002. NATURE OF DISTRICT. The district is a
18	18	municipal utility district in Fort Bend County created under
19	19	Section 59, Article XVI, Texas Constitution, and is essential to
20	20	accomplish the purposes of Sections [Section] 52 and 52-a, Article
21	21	III, Section 1-g, Article VIII, and Section 59, Article XVI, Texas
22	22	Constitution, and other public purposes stated in this chapter.
23	23	SECTION 3. Subchapter A, Chapter 8150, Special District
24	24	Local Laws Code, is amended by adding Section 8150.0025 to read as
25	25	follows:
26	26	Sec. 8150.0025. DECLARATION OF INTENT. (a) By creating the
27	27	district and in authorizing the city, the county, and other
28	28	political subdivisions to contract with the district, the
29	29	legislature has established a program to accomplish the public
30	30	purposes set out in Section 52-a, Article III, Texas Constitution.
31	31	(b) The district is necessary to promote, develop,
32	32	encourage, and maintain employment, commerce, transportation,
33	33	housing, tourism, recreation, the arts, entertainment, economic
34	34	development, safety, and the public welfare in the district.
35	35	(c) This chapter and the creation of the district may not be
36	36	interpreted to relieve the city or the county from providing
37	37	services to the area in the district. The district is created to
38	38	supplement and not to supplant city and county services provided in
39	39	the district.
40	40	SECTION 4. Section 8150.003, Special District Local Laws
41	41	Code, is amended to read as follows:
42	42	Sec. 8150.003. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
43	43	All land and other property included in the district will benefit
44	44	from the improvements and services to be provided by the district
45	45	under powers conferred by Sections [Section] 52 and 52-a, Article
46	46	III, Section 1-g, Article VIII, and Section 59, Article XVI, Texas
47	47	Constitution, and other powers granted under this chapter.
48	48	(b) The district is created for the [same] purposes of [as]:
49	49	(1) a municipal utility district as provided by
50	50	Section 54.012, Water Code;
51	51	(2) [a road utility district created under] Section
52	52	52, Article III, Texas Constitution, that relate to the
53	53	construction, acquisition, improvement, operation, or maintenance
54	54	of macadamized, graveled, or paved roads, or improvements in aid of
55	55	those roads, including drainage improvements [and operating under
56	56	Chapter 441, Transportation Code, including the purpose of
57	57	constructing, acquiring, improving, maintaining, and operating
58	58	roads and road facilities]; and
59	59	(3) the purchase, construction, acquisition,
60	60	ownership, improvement, maintenance, and operation of the public
61	61	works and public improvements authorized for a tax increment
62	62	reinvestment zone operating under Chapter 311, Tax Code, and a
63	63	municipal management district operating under Chapter 375, Local
64	64	Government Code.
65	65	(c) The district is created to serve a public use and
66	66	benefit.
67	67	(d) The creation of the district is in the public interest
68	68	and is essential to further the public purposes of:
69	69	(1) developing and diversifying the economy of the
70	70	state;
71	71	(2) eliminating unemployment and underemployment; and
72	72	(3) developing or expanding transportation and
73	73	commerce.
74	74	(e) The district will:
75	75	(1) promote the health, safety, and general welfare of
76	76	residents, employers, potential employees, employees, visitors,
77	77	and consumers in the district, and of the public;
78	78	(2) provide needed funding for the district to
79	79	preserve, maintain, and enhance the economic health and vitality of
80	80	the district territory as a community and business center; and
81	81	(3) promote the health, safety, welfare, and enjoyment
82	82	of the public by providing pedestrian ways and by landscaping and
83	83	developing certain areas in the district, which are necessary for
84	84	the restoration, preservation, and enhancement of scenic beauty.
85	85	(f) Pedestrian ways along or across a street, whether at
86	86	grade or above or below the surface, and street lighting, street
87	87	landscaping, vehicle parking, and street art objects are parts of
88	88	and necessary components of a street and are considered to be a
89	89	street or road improvement.
90	90	(g) The district will not act as the agent or
91	91	instrumentality of any private interest even though the district
92	92	will benefit many private interests as well as the public.
93	93	SECTION 5. Subchapter A, Chapter 8150, Special District
94	94	Local Laws Code, is amended by adding Section 8150.0035 to read as
95	95	follows:
96	96	Sec. 8150.0035. FINDING ON SPORTS AND COMMUNITY VENUES. A
97	97	sports and community venue facility is considered to be a park and
98	98	recreational facility.
99	99	SECTION 6. Subchapter C, Chapter 8150, Special District
100	100	Local Laws Code, is amended by adding Sections 8150.1025, 8150.105,
101	101	8150.106, 8150.107, 8150.108, 8150.109, and 8150.110 to read as
102	102	follows:
103	103	Sec. 8150.1025. MUNICIPAL MANAGEMENT DISTRICT PROJECTS AND
104	104	SERVICES. The district may provide, design, construct, acquire,
105	105	improve, relocate, operate, maintain, or finance an improvement,
106	106	improvement project, or service using money available to the
107	107	district, or contract with a governmental or private entity to
108	108	provide, design, construct, acquire, improve, relocate, operate,
109	109	maintain, or finance an improvement, improvement project, or
110	110	service authorized under this chapter or Chapter 375, Local
111	111	Government Code.
112	112	Sec. 8150.105. DEVELOPMENT CORPORATION POWERS. The
113	113	district, using money available to the district, may exercise the
114	114	powers given to a development corporation under Chapter 505, Local
115	115	Government Code, including the power to own, operate, acquire,
116	116	construct, lease, improve, or maintain a project under that
117	117	chapter.
118	118	Sec. 8150.106. NONPROFIT CORPORATION. (a) The board by
119	119	resolution may authorize the creation of a nonprofit corporation to
120	120	assist and act for the district in implementing a project or
121	121	providing a service authorized by this chapter.
122	122	(b) The nonprofit corporation:
123	123	(1) has each power of and is considered to be a local
124	124	government corporation created under Subchapter D, Chapter 431,
125	125	Transportation Code; and
126	126	(2) may implement any project and provide any service
127	127	authorized by this chapter.
128	128	(c) The board shall appoint the board of directors of the
129	129	nonprofit corporation. The board of directors of the nonprofit
130	130	corporation shall serve in the same manner as the board of directors
131	131	of a local government corporation created under Subchapter D,
132	132	Chapter 431, Transportation Code, except that a board member is not
133	133	required to reside in the district.
134	134	Sec. 8150.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
135	135	district may join and pay dues to a charitable or nonprofit
136	136	organization that performs a service or provides an activity
137	137	consistent with the furtherance of a district purpose.
138	138	Sec. 8150.108. ECONOMIC DEVELOPMENT. (a) The district may
139	139	engage in activities that accomplish the economic development
140	140	purposes of the district.
141	141	(b) The district may establish and provide for the
142	142	administration of one or more programs to promote state or local
143	143	economic development and to stimulate business and commercial
144	144	activity in the district, including programs to:
145	145	(1) make loans and grants of public money; and
146	146	(2) provide district personnel and services.
147	147	(c) The district may create economic development programs
148	148	and exercise the economic development powers that:
149	149	(1) Chapter 380, Local Government Code, provides to a
150	150	municipality; and
151	151	(2) Subchapter A, Chapter 1509, Government Code,
152	152	provides to a municipality.
153	153	Sec. 8150.109. PARKING FACILITIES. (a) The district may
154	154	acquire, lease as lessor or lessee, construct, develop, own,
155	155	operate, and maintain parking facilities or a system of parking
156	156	facilities, including lots, garages, parking terminals, or other
157	157	structures or accommodations for parking motor vehicles off the
158	158	streets and related appurtenances.
159	159	(b) The district's parking facilities serve the public
160	160	purposes of the district and are owned, used, and held for a public
161	161	purpose even if leased or operated by a private entity for a term of
162	162	years.
163	163	(c) The district's parking facilities are parts of and
164	164	necessary components of a street and are considered to be a street
165	165	or road improvement.
166	166	(d) The development and operation of the district's parking
167	167	facilities may be considered an economic development program.
168	168	Sec. 8150.110. SPORTS AND COMMUNITY VENUE FACILITIES. (a)
169	169	The district may acquire, sell, lease as lessor or lessee, convey,
170	170	construct, finance, develop, own, operate, maintain, acquire real
171	171	property interests for, demolish, or reconstruct a sports and
172	172	community venue facility.
173	173	(b) A sports and community venue facility authorized under
174	174	this section includes:
175	175	(1) an arena, coliseum, stadium, or other type of area
176	176	or facility that is used or is planned for use for one or more
177	177	professional or amateur sports events, community events, other
178	178	sports events, promotional events, and other civic or charitable
179	179	events;
180	180	(2) a convention center facility or related
181	181	improvement such as a convention center, civic center, civic center
182	182	building, civic center hotel, auditorium, theater, opera house,
183	183	music hall, exhibition hall, rehearsal hall, park, performing arts
184	184	center, museum, aquarium, or plaza that is located in the vicinity
185	185	of a convention center or facility owned by a municipality or a
186	186	county; and
187	187	(3) a facility related to a sports and community venue
188	188	facility, including a store, restaurant, on-site hotel,
189	189	concession, or other on-site or off-site improvement that relates
190	190	to and enhances the use, value, or appeal of a sports and community
191	191	venue, including an area adjacent to the venue, and any other
192	192	expenditure reasonably necessary to construct, improve, renovate,
193	193	or expand a venue, including an expenditure for environmental
194	194	remediation.
195	195	SECTION 7. Section 8150.151, Special District Local Laws
196	196	Code, is amended to read as follows:
197	197	Sec. 8150.151. ROAD PROJECTS. (a) As authorized by Section
198	198	52, Article III, Texas Constitution, the district may construct,
199	199	acquire, improve, maintain, or operate, inside and outside the
200	200	district, roads and road improvements [facilities as defined by
201	201	Chapter 441, Transportation Code].
202	202	(b) The roads and road improvements [facilities] authorized
203	203	by Subsection (a) may include drainage, landscaping, pedestrian
204	204	improvements, lights, signs, or signals that are incidental to the
205	205	roads and their construction, maintenance, or operation.
206	206	(c) The roads and road improvements [facilities] authorized
207	207	by this section must meet all applicable construction standards,
208	208	zoning and subdivision requirements, and regulatory ordinances of
209	209	the city.
210	210	(d) On completion of a road or road improvement [facility]
211	211	authorized by this section, the district, with the consent of the
212	212	city, may convey the road or road improvement [facility] to the city
213	213	if the conveyance is free of all indebtedness of the district. If
214	214	the city becomes the owner of a road or road improvement [facility],
215	215	the city is responsible for all future maintenance and upkeep and
216	216	the district has no further responsibility for the road or road
217	217	improvement [facility] or its maintenance or upkeep, unless
218	218	otherwise agreed to by the district and the city.
219	219	SECTION 8. Section 8150.153, Special District Local Laws
220	220	Code, is amended to read as follows:
221	221	Sec. 8150.153. REIMBURSEMENT FOR ROAD PROJECT. (a) The
222	222	district may:
223	223	(1) reimburse a private person for money spent to
224	224	construct a road or road improvement [facility] that is dedicated
225	225	or otherwise transferred to public use; or
226	226	(2) purchase a road or road improvement [facility]
227	227	constructed by a private person.
228	228	(b) The amount paid for the reimbursement or for the
229	229	purchase of a road or road improvement [facility] under Subsection
230	230	(a) may:
231	231	(1) include all construction costs, including
232	232	engineering, legal, financing, and other expenses incident to the
233	233	construction; or
234	234	(2) be at a price not to exceed the replacement cost of
235	235	the road or road improvement [facility] as determined by the board.
236	236	(c) The reimbursement or purchase of a road or road
237	237	improvement [facility] may be paid for with proceeds from the sale
238	238	of the district's bonds or from any other money available to the
239	239	district.
240	240	(d) The district may enter into an agreement to use the
241	241	proceeds of a subsequent bond sale to reimburse a private person
242	242	under this section. The agreement may provide the terms and
243	243	conditions under which the road or road improvement [facility] is
244	244	to be dedicated or transferred for the benefit of the public.
245	245	SECTION 9. Section 8150.201(a), Special District Local Laws
246	246	Code, is amended to read as follows:
247	247	(a) The district may issue, without an election, bonds and
248	248	other obligations secured by:
249	249	(1) revenue [or contract payments] from any source
250	250	other than ad valorem taxation; or
251	251	(2) contract payments described by Section 8150.203.
252	252	SECTION 10. The heading to Section 8150.202, Special
253	253	District Local Laws Code, is amended to read as follows:
254	254	Sec. 8150.202. OPERATION AND MAINTENANCE [AD VALOREM] TAX.
255	255	SECTION 11. Section 8150.202, Special District Local Laws
256	256	Code, is amended by amending Subsection (a) and adding Subsection
257	257	(c) to read as follows:
258	258	(a) If authorized by a majority of the district voters
259	259	voting at an election held for that purpose [under Section
260	260	8150.201], the district may impose an operation and maintenance
261	261	[annual ad valorem] tax on taxable property in the district in
262	262	accordance with Section 49.107, Water Code, for any district
263	263	purpose, including to:
264	264	(1) operate and maintain the district;
265	265	(2) construct or acquire improvements; and
266	266	(3) provide a service [for the provision of services
267	267	or for the maintenance and operation of the district, including the
268	268	improvements constructed or acquired by the district].
269	269	(c) Section 49.107(h), Water Code, does not apply to the
270	270	district.
271	271	SECTION 12. Subchapter E, Chapter 8150, Special District
272	272	Local Laws Code, is amended by adding Sections 8150.203, 8150.204,
273	273	8150.205, 8150.206, 8150.207, and 8150.208 to read as follows:
274	274	Sec. 8150.203. CONTRACT TAXES. (a) In accordance with
275	275	Section 49.108, Water Code, the district may impose a tax other than
276	276	an operation and maintenance tax and use the revenue derived from
277	277	the tax to make payments under a contract after the provisions of
278	278	the contract have been approved by a majority of the district voters
279	279	voting at an election held for that purpose.
280	280	(b) A contract approved by the district voters may contain a
281	281	provision stating that the contract may be modified or amended by
282	282	the board without further voter approval.
283	283	Sec. 8150.204. MONEY USED FOR IMPROVEMENTS OR SERVICES.
284	284	The district may acquire, construct, finance, operate, or maintain
285	285	any improvement or service authorized under this chapter or Chapter
286	286	375, Local Government Code, using any money available to the
287	287	district.
288	288	Sec. 8150.205. PETITION REQUIRED FOR FINANCING SERVICES AND
289	289	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
290	290	service or improvement project with assessments under this chapter
291	291	unless a written petition requesting that service or improvement
292	292	has been filed with the board.
293	293	(b) The petition must be signed by the owners of a majority
294	294	of the assessed value of real property in the district subject to
295	295	assessment according to the most recent certified tax appraisal
296	296	roll for the county.
297	297	Sec. 8150.206. METHOD OF NOTICE FOR HEARING. The district
298	298	may mail the notice required by Section 375.115(c), Local
299	299	Government Code, by certified or first class United States mail.
300	300	The board shall determine the method of notice.
301	301	Sec. 8150.207. ASSESSMENTS; LIENS FOR ASSESSMENTS. (a)
302	302	The board by resolution may impose and collect an assessment under
303	303	Subchapter F, Chapter 375, Local Government Code, for any purpose
304	304	authorized by this chapter or Chapter 375, Local Government Code,
305	305	in all or any part of the district.
306	306	(b) An assessment, a reassessment, or an assessment
307	307	resulting from an addition to or correction of the assessment roll
308	308	by the district, penalties and interest on an assessment or
309	309	reassessment, an expense of collection, and reasonable attorney's
310	310	fees incurred by the district:
311	311	(1) are a first and prior lien against the property
312	312	assessed;
313	313	(2) are superior to any other lien or claim other than
314	314	a lien or claim for county, school district, or municipal ad valorem
315	315	taxes; and
316	316	(3) are the personal liability of and a charge against
317	317	the owners of the property even if the owners are not named in the
318	318	assessment proceedings.
319	319	(c) The lien is effective from the date of the board's
320	320	resolution imposing the assessment until the date the assessment is
321	321	paid. The board may enforce the lien in the same manner that the
322	322	board may enforce an ad valorem tax lien against real property.
323	323	(d) The board may make a correction to or deletion from the
324	324	assessment roll that does not increase the amount of assessment of
325	325	any parcel of land without providing notice and holding a hearing in
326	326	the manner required for additional assessments.
327	327	Sec. 8150.208. TAX AND ASSESSMENT ABATEMENTS. The district
328	328	may designate reinvestment zones and may grant abatements of a tax
329	329	or assessment on property in the zones.
330	330	SECTION 13. Section 8150.251, Special District Local Laws
331	331	Code, is amended by amending Subsection (a) and adding Subsection
332	332	(c) to read as follows:
333	333	(a) The district may issue bonds or other obligations
334	334	payable wholly or partly from ad valorem taxes, assessments, impact
335	335	fees, revenue, contract payments, grants, or other district money,
336	336	or any combination of those sources, to pay for any authorized
337	337	district purpose.
338	338	(c) The limitation on the outstanding principal amount of
339	339	bonds, notes, and other obligations provided by Section 49.4645,
340	340	Water Code, does not apply to the district.
341	341	SECTION 14. Section 8150.252, Special District Local Laws
342	342	Code, is amended to read as follows:
343	343	Sec. 8150.252. TAXES FOR BONDS AND OTHER OBLIGATIONS. At
344	344	the time the district issues bonds [or other obligations] payable
345	345	wholly or partly from ad valorem taxes, [are issued:
346	346	[(1)] the board shall provide for the annual
347	347	imposition of [impose] a continuing direct annual ad valorem tax,
348	348	without limit as to rate or amount, while [for each year that] all
349	349	or part of the bonds are outstanding as required and in the manner
350	350	provided by Sections 54.601 and 54.602, Water Code [; and
351	351	[(2) the district annually shall impose the continuing
352	352	direct annual ad valorem tax on all taxable property in the district
353	353	in an amount sufficient to:
354	354	[(A) pay the interest on the bonds or other
355	355	obligations as the interest becomes due;
356	356	[(B) create a sinking fund for the payment of the
357	357	principal of the bonds or other obligations when due or the
358	358	redemption price at any earlier required redemption date; and
359	359	[(C) pay the expenses of imposing the taxes].
360	360	SECTION 15. Subchapter F, Chapter 8150, Special District
361	361	Local Laws Code, is amended by adding Section 8150.257 to read as
362	362	follows:
363	363	Sec. 8150.257. APPROVAL OF CERTAIN BONDS BY TEXAS
364	364	COMMISSION ON ENVIRONMENTAL QUALITY. Section 375.208, Local
365	365	Government Code, applies to the district.
366	366	SECTION 16. (a) The Imperial Redevelopment District may
367	367	not exercise a power granted by Section 8150.105, 8150.106,
368	368	8150.107, 8150.108, 8150.109, 8150.110, 8150.203, or 8150.208,
369	369	Special District Local Laws Code, as added by this Act, until the
370	370	governing body of the City of Sugar Land consents to the power by
371	371	adopting a resolution or ordinance. The governing body may consent
372	372	to some or all of the sections through the resolution or ordinance.
373	373	The governing body may not modify a section.
374	374	(b) This section does not affect any consent or
375	375	authorization granted by the City of Sugar Land to the Imperial
376	376	Redevelopment District before the effective date of this Act.
377	377	SECTION 17. This Act does not affect bonds or other
378	378	obligations issued before the effective date of this Act. Bonds or
379	379	other obligations issued before the effective date of this Act are
380	380	governed by the law in effect when the bonds or other obligations
381	381	were issued, and that law is continued in effect for that purpose.
382	382	SECTION 18. Sections 8150.253, 8150.255, and 8150.256,
383	383	Special District Local Laws Code, are repealed.
384	384	SECTION 19. (a) The legislature validates and confirms all
385	385	acts and proceedings of the Board of Directors of the Imperial
386	386	Redevelopment District that were taken before the effective date of
387	387	this Act.
388	388	(b) Subsection (a) of this section does not apply to any
389	389	matter that on the effective date of this Act:
390	390	(1) is involved in litigation if the litigation
391	391	ultimately results in the matter being held invalid by a final
392	392	judgment of a court; or
393	393	(2) has been held invalid by a final judgment of a
394	394	court.
395	395	SECTION 20. (a) The legal notice of the intention to
396	396	introduce this Act, setting forth the general substance of this
397	397	Act, has been published as provided by law, and the notice and a
398	398	copy of this Act have been furnished to all persons, agencies,
399	399	officials, or entities to which they are required to be furnished
400	400	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
401	401	Government Code.
402	402	(b) The governor, one of the required recipients, has
403	403	submitted the notice and Act to the Texas Commission on
404	404	Environmental Quality.
405	405	(c) The Texas Commission on Environmental Quality has filed
406	406	its recommendations relating to this Act with the governor,
407	407	lieutenant governor, and speaker of the house of representatives
408	408	within the required time.
409	409	(d) The general law relating to consent by political
410	410	subdivisions to the creation of districts with conservation,
411	411	reclamation, and road powers and the inclusion of land in those
412	412	districts has been complied with.
413	413	(e) All requirements of the constitution and laws of this
414	414	state and the rules and procedures of the legislature with respect
415	415	to the notice, introduction, and passage of this Act have been
416	416	fulfilled and accomplished.
417	417	SECTION 21. This Act takes effect immediately if it
418	418	receives a vote of two-thirds of all the members elected to each
419	419	house, as provided by Section 39, Article III, Texas Constitution.
420	420	If this Act does not receive the vote necessary for immediate
421	421	effect, this Act takes effect September 1, 2011.