Texas 2011 - 82nd Regular

Texas House Bill HB3857 Compare Versions

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1	1	By: Dutton (Senate Sponsor - Gallegos) H.B. No. 3857
2	2	(In the Senate - Received from the House May 4, 2011;
3	3	May 5, 2011, read first time and referred to Committee on
4	4	Intergovernmental Relations; May 19, 2011, reported favorably by
5	5	the following vote: Yeas 5, Nays 0; May 19, 2011, sent to
6	6	printer.)
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the creation of the Near Northside Management District.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle C, Title 4, Special District Local Laws
14	14	Code, is amended by adding Chapter 3905 to read as follows:
15	15	CHAPTER 3905. NEAR NORTHSIDE MANAGEMENT DISTRICT
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 3905.001. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "City" means the City of Houston, Texas.
20	20	(3) "County" means Harris County, Texas.
21	21	(4) "Director" means a board member.
22	22	(5) "District" means the Near Northside Management
23	23	District.
24	24	Sec. 3905.002. CREATION AND NATURE OF DISTRICT. The
25	25	district is a special district created under Section 59, Article
26	26	XVI, Texas Constitution.
27	27	Sec. 3905.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
28	28	creation of the district is essential to accomplish the purposes of
29	29	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
30	30	Texas Constitution, and other public purposes stated in this
31	31	chapter. By creating the district and in authorizing the city,
32	32	county, and other political subdivisions to contract with the
33	33	district, the legislature has established a program to accomplish
34	34	the public purposes set out in Section 52-a, Article III, Texas
35	35	Constitution.
36	36	(b) The creation of the district is necessary to promote,
37	37	develop, encourage, and maintain employment, commerce,
38	38	transportation, housing, tourism, recreation, the arts,
39	39	entertainment, economic development, safety, and the public
40	40	welfare in the district.
41	41	(c) This chapter and the creation of the district may not be
42	42	interpreted to relieve the city or county from providing the level
43	43	of services provided as of the effective date of the Act enacting
44	44	this chapter to the area in the district. The district is created
45	45	to supplement and not to supplant city and county services provided
46	46	in the district.
47	47	Sec. 3905.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE. (a)
48	48	The district is created to serve a public use and benefit.
49	49	(b) All land and other property included in the district
50	50	will benefit from the improvements and services to be provided by
51	51	the district under powers conferred by Sections 52 and 52-a,
52	52	Article III, and Section 59, Article XVI, Texas Constitution, and
53	53	other powers granted under this chapter.
54	54	(c) The creation of the district is in the public interest
55	55	and is essential to further the public purposes of:
56	56	(1) developing and diversifying the economy of the
57	57	state;
58	58	(2) eliminating unemployment and underemployment; and
59	59	(3) developing or expanding transportation and
60	60	commerce.
61	61	(d) The district will:
62	62	(1) promote the health, safety, and general welfare of
63	63	residents, employers, employees, visitors, and consumers in the
64	64	district, and of the public;
65	65	(2) provide needed funding for the district to
66	66	preserve, maintain, and enhance the economic health and vitality of
67	67	the district territory as a community and business center; and
68	68	(3) promote the health, safety, welfare, and enjoyment
69	69	of the public by providing pedestrian ways and by landscaping and
70	70	developing certain areas in the district, which are necessary for
71	71	the restoration, preservation, and enhancement of scenic beauty.
72	72	(e) Pedestrian ways along or across a street, whether at
73	73	grade or above or below the surface, and street lighting, street
74	74	landscaping, and street art objects are parts of and necessary
75	75	components of a street and are considered to be a street or road
76	76	improvement.
77	77	(f) The district will not act as the agent or
78	78	instrumentality of any private interest even though the district
79	79	will benefit many private interests as well as the public.
80	80	Sec. 3905.005. DISTRICT TERRITORY. (a) The district is
81	81	composed of the territory described by Section 2 of the Act enacting
82	82	this chapter, as that territory may have been modified under
83	83	Section 3905.107 or other law.
84	84	(b) The boundaries and field notes of the district contained
85	85	in Section 2 of the Act enacting this chapter form a closure. A
86	86	mistake in the field notes of the district contained in Section 2 of
87	87	the Act enacting this chapter or in copying the field notes in the
88	88	legislative process does not in any way affect the district's:
89	89	(1) organization, existence, or validity; or
90	90	(2) legality or operation.
91	91	Sec. 3905.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
92	92	(a) All or any part of the area of the district is eligible to be
93	93	included in:
94	94	(1) a tax increment reinvestment zone created by the
95	95	city under Chapter 311, Tax Code;
96	96	(2) a tax abatement reinvestment zone created by the
97	97	city under Chapter 312, Tax Code; or
98	98	(3) an enterprise zone created by the city under
99	99	Chapter 2303, Government Code.
100	100	(b) A tax increment reinvestment zone created by the city in
101	101	the district is not subject to the limitations provided by Section
102	102	311.006(a), Tax Code.
103	103	Sec. 3905.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
104	104	DISTRICTS LAW. Except as otherwise provided by this chapter,
105	105	Chapter 375, Local Government Code, applies to the district.
106	106	Sec. 3905.008. LIBERAL CONSTRUCTION OF CHAPTER. This
107	107	chapter shall be liberally construed in conformity with the
108	108	findings and purposes stated in this chapter.
109	109	[Sections 3905.009-3905.050 reserved for expansion]
110	110	SUBCHAPTER B. BOARD OF DIRECTORS
111	111	Sec. 3905.051. GOVERNING BODY; TERMS. The district is
112	112	governed by a board of nine directors who serve staggered terms of
113	113	three years, with three directors' terms expiring June 1 of each
114	114	year.
115	115	Sec. 3905.052. APPOINTMENT OF DIRECTORS. (a) The mayor and
116	116	members of the governing body of the city shall appoint directors
117	117	from persons recommended by the board. A person is appointed if a
118	118	majority of the members and the mayor vote to appoint that person.
119	119	(b) A person may not be appointed to the board if the
120	120	appointment of that person would result in fewer than two-thirds of
121	121	the directors being residents of the city.
122	122	Sec. 3905.053. EX OFFICIO DIRECTORS. (a) The following
123	123	persons serve as nonvoting ex officio directors:
124	124	(1) the directors of the parks and recreation,
125	125	planning and development, public works, and civic center
126	126	departments of the city;
127	127	(2) the chief of police of the city;
128	128	(3) the county's general manager of the Metropolitan
129	129	Transit Authority of Harris County, Texas; and
130	130	(4) the president of each institution of higher
131	131	learning located in the district.
132	132	(b) If a department described by Subsection (a) is
133	133	consolidated, renamed, or changed, the board may appoint a director
134	134	of the consolidated, renamed, or changed department as a nonvoting
135	135	ex officio director. If a department described by Subsection (a) is
136	136	abolished, the board may appoint a representative of another
137	137	department of the city that performs duties comparable to those
138	138	performed by the abolished department.
139	139	(c) The board may appoint the presiding officer of a
140	140	nonprofit corporation that is actively involved in activities in
141	141	the district to serve as a nonvoting ex officio director.
142	142	Sec. 3905.054. CONFLICTS OF INTEREST. (a) Except as
143	143	provided by this section:
144	144	(1) a director may participate in all board votes and
145	145	decisions; and
146	146	(2) Chapter 171, Local Government Code, governs
147	147	conflicts of interest of board members.
148	148	(b) Section 171.004, Local Government Code, does not apply
149	149	to the district. A director who has a substantial interest in a
150	150	business or charitable entity that will receive a pecuniary benefit
151	151	from a board action shall file an affidavit with the board secretary
152	152	declaring the interest. Another affidavit is not required if the
153	153	director's interest changes.
154	154	(c) After the affidavit is filed, the director may
155	155	participate in a discussion or vote on that action if:
156	156	(1) a majority of the directors have a similar
157	157	interest in the same entity; or
158	158	(2) all other similar business or charitable entities
159	159	in the district will receive a similar pecuniary benefit.
160	160	(d) A director who is also an officer or employee of a public
161	161	entity may not participate in a discussion of or vote on a matter
162	162	regarding a contract with that same public entity.
163	163	(e) For purposes of this section, a director has a
164	164	substantial interest in a charitable entity in the same manner that
165	165	a person would have a substantial interest in a business entity
166	166	under Section 171.002, Local Government Code.
167	167	Sec. 3905.055. COMPENSATION. The district shall compensate
168	168	a director as provided by Section 49.060, Water Code.
169	169	Sec. 3905.056. INITIAL DIRECTORS. (a) The initial board
170	170	consists of:
171	171	Pos. No. Name of Director Pos. No. Name of Director
172	172	Pos. No. Name of Director
173	173	1 Ethel Kaye Lee 1 Ethel Kaye Lee
174	174	1 Ethel Kaye Lee
175	175	2 Rose Russell 2 Rose Russell
176	176	2 Rose Russell
177	177	3 Michael Ashley 3 Michael Ashley
178	178	3 Michael Ashley
179	179	4 Dr. Albert Lemon 4 Dr. Albert Lemon
180	180	4 Dr. Albert Lemon
181	181	5 Earl White 5 Earl White
182	182	5 Earl White
183	183	6 Ann Tillis 6 Ann Tillis
184	184	6 Ann Tillis
185	185	7 John Fields 7 John Fields
186	186	7 John Fields
187	187	8 Harvey Clemons 8 Harvey Clemons
188	188	8 Harvey Clemons
189	189	9 Renee Llorens 9 Renee Llorens
190	190	9 Renee Llorens
191	191	(b) Of the initial directors, the terms of directors serving
192	192	in positions 1, 2, and 3 expire June 1, 2013, the terms of directors
193	193	serving in positions 4, 5, and 6 expire June 1, 2014, and the terms
194	194	of directors serving in positions 7, 8, and 9 expire June 1, 2015.
195	195	(c) Section 3905.052 does not apply to the initial
196	196	directors.
197	197	(d) This section expires September 1, 2015.
198	198	[Sections 3905.057-3905.100 reserved for expansion]
199	199	SUBCHAPTER C. POWERS AND DUTIES
200	200	Sec. 3905.101. HOUSING FINANCE CORPORATION POWERS. (a)
201	201	The district has the powers of a housing finance corporation
202	202	created under Chapter 394, Local Government Code.
203	203	(b) The district may exercise the powers to provide housing
204	204	or residential development projects in the district.
205	205	Sec. 3905.102. DEVELOPMENT CORPORATION POWERS. The
206	206	district, using money available to the district, may exercise the
207	207	powers given to a development corporation under Chapter 505, Local
208	208	Government Code, including the power to own, operate, acquire,
209	209	construct, lease, improve, or maintain a project under that
210	210	chapter.
211	211	Sec. 3905.103. NONPROFIT CORPORATION. (a) The board by
212	212	resolution may authorize the creation of a nonprofit corporation to
213	213	assist and act for the district in implementing a project or
214	214	providing a service authorized by this chapter.
215	215	(b) The nonprofit corporation:
216	216	(1) has each power of and is considered to be a local
217	217	government corporation created under Subchapter D, Chapter 431,
218	218	Transportation Code; and
219	219	(2) may implement any project and provide any service
220	220	authorized by this chapter.
221	221	(c) The board shall appoint the board of directors of the
222	222	nonprofit corporation. The board of directors of the nonprofit
223	223	corporation shall serve in the same manner as the board of directors
224	224	of a local government corporation created under Subchapter D,
225	225	Chapter 431, Transportation Code, except that a board member is not
226	226	required to reside in the district.
227	227	Sec. 3905.104. AGREEMENTS; GRANTS. (a) As provided by
228	228	Chapter 375, Local Government Code, the district may make an
229	229	agreement with or accept a gift, grant, or loan from any person.
230	230	(b) The implementation of a project is a governmental
231	231	function or service for the purposes of Chapter 791, Government
232	232	Code.
233	233	Sec. 3905.105. LAW ENFORCEMENT SERVICES. To protect the
234	234	public interest, the district may contract with the county or the
235	235	city to provide law enforcement services in the district for a fee.
236	236	Sec. 3905.106. COMPETITIVE BIDDING. Section 375.221, Local
237	237	Government Code, does not apply to a district contract for $25,000
238	238	or less.
239	239	Sec. 3905.107. ANNEXATION. In addition to the authority to
240	240	annex territory under Subchapter C, Chapter 375, Local Government
241	241	Code, the district has the authority to annex territory located in a
242	242	reinvestment zone created by the city under Chapter 311, Tax Code,
243	243	if the city's governing body consents to the annexation.
244	244	Sec. 3905.108. ECONOMIC DEVELOPMENT PROGRAM. (a) The
245	245	district may establish and provide for the administration of one or
246	246	more programs to promote economic development and to stimulate
247	247	business and commercial activity in the district, including
248	248	programs to secure loans and receive grants of public money.
249	249	(b) The district may:
250	250	(1) contract with the federal government, the state, a
251	251	political subdivision of the state, a nonprofit organization, or
252	252	any other person for the administration of the program; and
253	253	(2) accept contributions, gifts, or other resources to
254	254	develop and administer the program.
255	255	Sec. 3905.109. STRATEGIC PARTNERSHIP AGREEMENT. The
256	256	district may negotiate and enter into a written strategic
257	257	partnership agreement with the city, county, or Houston Independent
258	258	School District.
259	259	Sec. 3905.110. REAL PROPERTY. (a) The district may buy,
260	260	sell, own, or lease real property.
261	261	(b) The district may receive real property as a gift from
262	262	any person.
263	263	Sec. 3905.111. RECEIPT OF SURPLUS PROPERTY. The district
264	264	may receive surplus property from a school district that is located
265	265	in the district.
266	266	Sec. 3905.112. PROJECT FOR EDUCATIONAL OPPORTUNITY. The
267	267	district may own, lease, operate or manage a project to improve
268	268	educational opportunities in the district.
269	269	Sec. 3905.113. NO EMINENT DOMAIN POWER. The district may
270	270	not exercise the power of eminent domain.
271	271	[Sections 3905.114-3905.150 reserved for expansion]
272	272	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; ASSESSMENTS
273	273	Sec. 3905.151. PETITION REQUIRED FOR FINANCING SERVICES AND
274	274	IMPROVEMENTS. (a) The board may not finance a service or an
275	275	improvement project under this chapter unless a written petition
276	276	requesting that service or improvement is filed with the board.
277	277	(b) The petition must be signed by:
278	278	(1) the owners of a majority of the assessed value of
279	279	real property in the district according to the most recent
280	280	certified tax appraisal roll for the county; or
281	281	(2) at least 25 owners of land in the district, if more
282	282	than 25 persons own property in the district according to the most
283	283	recent certified tax appraisal roll for the county.
284	284	Sec. 3905.152. DISBURSEMENTS AND TRANSFERS OF MONEY. The
285	285	board by resolution shall establish the number of directors'
286	286	signatures and the procedure required for a disbursement or
287	287	transfer of the district's money.
288	288	Sec. 3905.153. UTILITY PROPERTY EXEMPT FROM IMPACT FEES AND
289	289	ASSESSMENTS. The district may not impose an impact fee or
290	290	assessment on the property of a person that provides to the public
291	291	gas, electricity, telephone, sewage, or water service.
292	292	Sec. 3905.154. MUNICIPALITY NOT REQUIRED TO PAY DISTRICT
293	293	OBLIGATIONS. Except as provided by Section 375.263, Local
294	294	Government Code, a municipality is not required to pay a bond, note,
295	295	or other obligation of the district.
296	296	[Sections 3905.155-3905.200 reserved for expansion]
297	297	SUBCHAPTER E. DISSOLUTION
298	298	Sec. 3905.201. EXCEPTION FOR DISSOLUTION OF DISTRICT WITH
299	299	OUTSTANDING DEBT. (a) The board may vote to dissolve a district
300	300	that has debt. If the vote is in favor of dissolution, the district
301	301	shall remain in existence solely for the limited purpose of
302	302	discharging its debts. The dissolution is effective when all debts
303	303	have been discharged.
304	304	(b) Section 375.264, Local Government Code, does not apply
305	305	to the district.
306	306	SECTION 2. BOUNDARIES. The Near Northside Management
307	307	District initially includes all the territory contained in the
308	308	following area:
309	309	In Harris County, Texas, the territory enclosed by Loop 610 as the
310	310	north boundary, Lockwood Dr. as the east boundary, Interstate 10 as
311	311	the south boundary, and Jensen Dr. as the west boundary.
312	312	SECTION 3. (a) The legal notice of the intention to
313	313	introduce this Act, setting forth the general substance of this
314	314	Act, has been published as provided by law, and the notice and a
315	315	copy of this Act have been furnished to all persons, agencies,
316	316	officials, or entities to which they are required to be furnished
317	317	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
318	318	Government Code.
319	319	(b) The governor, one of the required recipients, has
320	320	submitted the notice and Act to the Texas Commission on
321	321	Environmental Quality.
322	322	(c) The Texas Commission on Environmental Quality has filed
323	323	its recommendations relating to this Act with the governor,
324	324	lieutenant governor, and speaker of the house of representatives
325	325	within the required time.
326	326	(d) The general law relating to consent by political
327	327	subdivisions to the creation of districts with conservation,
328	328	reclamation, and road powers and the inclusion of land in those
329	329	districts has been complied with.
330	330	(e) All requirements of the constitution and laws of this
331	331	state and the rules and procedures of the legislature with respect
332	332	to the notice, introduction, and passage of this Act have been
333	333	fulfilled and accomplished.
334	334	SECTION 4. This Act takes effect immediately if it receives
335	335	a vote of two-thirds of all the members elected to each house, as
336	336	provided by Section 39, Article III, Texas Constitution. If this
337	337	Act does not receive the vote necessary for immediate effect, this
338	338	Act takes effect September 1, 2011.
339	339	* * * * *
340	340
341	341	Pos. No. Name of Director
342	342
343	343	1 Ethel Kaye Lee
344	344
345	345	2 Rose Russell
346	346
347	347	3 Michael Ashley
348	348
349	349	4 Dr. Albert Lemon
350	350
351	351	5 Earl White
352	352
353	353	6 Ann Tillis
354	354
355	355	7 John Fields
356	356
357	357	8 Harvey Clemons
358	358
359	359	9 Renee Llorens