Texas 2011 - 82nd Regular

Texas House Bill HB426 Compare Versions

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1	1	82R17376 JXC-D
2	2	By: Driver H.B. No. 426
3	3	Substitute the following for H.B. No. 426:
4	4	By: Simpson C.S.H.B. No. 426
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the creation of the Rowlett Pecan Grove Management
10	10	District; providing authority to impose a tax, levy an assessment,
11	11	and issue bonds.
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 3895 to read as follows:
15	15	CHAPTER 3895. ROWLETT PECAN GROVE MANAGEMENT DISTRICT
16	16	SUBCHAPTER A. GENERAL PROVISIONS
17	17	Sec. 3895.001. DEFINITIONS. In this chapter:
18	18	(1) "Board" means the district's board of directors.
19	19	(2) "City" means the City of Rowlett, Texas.
20	20	(3) "Director" means a board member.
21	21	(4) "District" means the Rowlett Pecan Grove
22	22	Management District.
23	23	(5) "Improvement project" means any program or project
24	24	authorized by Section 3895.102, inside or outside the district.
25	25	Sec. 3895.002. CREATION AND NATURE OF DISTRICT. The
26	26	district is a special district created under Sections 52 and 52-a,
27	27	Article III, and Section 59, Article XVI, Texas Constitution.
28	28	Sec. 3895.003. PURPOSE; DECLARATION OF INTENT. (a) The
29	29	creation of the district is essential to accomplish the purposes of
30	30	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
31	31	Texas Constitution, and other public purposes stated in this
32	32	chapter. By creating the district and in authorizing the city and
33	33	other political subdivisions to contract with the district, the
34	34	legislature has established a program to accomplish the public
35	35	purposes set out in Section 52-a, Article III, Texas 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 Dallas County from providing the
43	43	level of services provided to the area in the district as of the
44	44	effective date of the Act enacting this chapter. The district is
45	45	created to supplement and not to supplant the city and county
46	46	services provided in the district.
47	47	Sec. 3895.004. 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, potential employees, visitors,
64	64	and consumers in the 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 and
72	72	aesthetic beauty.
73	73	(e) Pedestrian ways along or across a street, whether at
74	74	grade or above or below the surface, and street lighting, street
75	75	landscaping, parking, and street art objects are parts of and
76	76	necessary components of a street and are considered to be an
77	77	improvement project that includes a street or road improvement.
78	78	(f) The district will not act as the agent or
79	79	instrumentality of any private interest even though the district
80	80	will benefit many private interests as well as the public.
81	81	Sec. 3895.005. DISTRICT TERRITORY. (a) The district is
82	82	composed of the territory described by Section 2 of the Act creating
83	83	this chapter, as that territory may have been modified under
84	84	Section 3895.108 or other law.
85	85	(b) The boundaries and field notes of the district contained
86	86	in Section 2 of the Act creating this chapter form a closure. A
87	87	mistake in the field notes of the district contained in Section 2 of
88	88	the Act creating this chapter or in copying the field notes in the
89	89	legislative process does not in any way affect the district's:
90	90	(1) organization, existence, or validity;
91	91	(2) right to contract, including the right to issue
92	92	any type of bond or other obligation for a purpose for which the
93	93	district is created;
94	94	(3) right to impose or collect an assessment, tax, or
95	95	any other revenue; or
96	96	(4) legality or operation.
97	97	Sec. 3895.006. ELIGIBILITY FOR REINVESTMENT OR ENTERPRISE
98	98	ZONES. (a) All or any part of the area of the district is eligible,
99	99	regardless of other statutory criteria, to be included in:
100	100	(1) a tax increment reinvestment zone created by the
101	101	city under Chapter 311, Tax Code; or
102	102	(2) a tax abatement reinvestment zone created by the
103	103	city under Chapter 312, Tax Code.
104	104	(b) All or any part of the area of the district is eligible
105	105	to be nominated for inclusion in an enterprise zone by the city
106	106	under Chapter 2303, Government Code.
107	107	Sec. 3895.007. APPLICABILITY OF MUNICIPAL MANAGEMENT
108	108	DISTRICTS LAW. Except as otherwise provided by this chapter,
109	109	Chapter 375, Local Government Code, applies to the district.
110	110	Sec. 3895.008. LIBERAL CONSTRUCTION OF CHAPTER. This
111	111	chapter shall be liberally construed in conformity with the
112	112	findings and purposes stated in this chapter.
113	113	[Sections 3895.009-3895.050 reserved for expansion]
114	114	SUBCHAPTER B. BOARD OF DIRECTORS
115	115	Sec. 3895.051. BOARD OF DIRECTORS. The district is
116	116	governed by a board of five directors appointed under Section
117	117	3895.052 and three directors serving ex officio under Section
118	118	3895.053.
119	119	Sec. 3895.052. APPOINTMENT OF DIRECTORS; TERMS. (a) The
120	120	mayor and governing body of the city shall appoint voting
121	121	directors. A person is appointed if a majority of the members of
122	122	the governing body, including the mayor, vote to appoint that
123	123	person. A member of the governing body of the city may not be
124	124	appointed to the board.
125	125	(b) Section 375.063, Local Government Code, does not apply
126	126	to the district.
127	127	(c) The appointed directors serve staggered terms of four
128	128	years, with two or three directors' terms expiring June 1 of each
129	129	odd-numbered year.
130	130	(d) A person may not be appointed to the board if the
131	131	appointment of that person would result in fewer than three of the
132	132	directors residing in the city.
133	133	(e) The governing body of the city shall appoint a director
134	134	to fill a vacancy that occurs on the board.
135	135	(f) A director is a public official entitled to governmental
136	136	immunity for the director's official actions.
137	137	Sec. 3895.053. NONVOTING DIRECTORS. (a) The following
138	138	persons serve as nonvoting ex officio directors:
139	139	(1) the manager of the city;
140	140	(2) the financial director of the city; and
141	141	(3) the planning director of the city.
142	142	(b) If an office described by Subsection (a) is renamed,
143	143	changed, or abolished, the governing body of the city may appoint
144	144	another city officer or employee who performs duties comparable to
145	145	those performed by the officer described by Subsection (a).
146	146	Sec. 3895.054. CONFLICTS OF INTEREST. (a) Except as
147	147	provided by Section 3895.053 or this section:
148	148	(1) a director may participate in all board votes and
149	149	decisions; and
150	150	(2) Chapter 171, Local Government Code, governs
151	151	conflicts of interest of board members.
152	152	(b) A director who has a beneficial interest in a business
153	153	entity that will receive a pecuniary benefit from an action of the
154	154	board may participate in discussion and vote on that action if a
155	155	majority of the board has a similar interest in the same action or
156	156	if all other similar business entities in the district will receive
157	157	a similar pecuniary benefit.
158	158	(c) A director who is also an officer or employee of a public
159	159	entity may not participate in a discussion of or vote on a matter
160	160	regarding a contract with that same public entity.
161	161	Sec. 3895.055. DIRECTOR'S OATH OR AFFIRMATION. A
162	162	director's oath or affirmation of office shall be filed with the
163	163	district and the district shall retain the oath or affirmation in
164	164	the district records.
165	165	Sec. 3895.056. OFFICERS. The board shall elect from among
166	166	the directors a chair, vice chair, and secretary.
167	167	Sec. 3895.057. COMPENSATION OF DIRECTORS; REIMBURSEMENT OF
168	168	EXPENSES. A director is not entitled to compensation for service on
169	169	the board but is entitled to be reimbursed for necessary expenses
170	170	incurred in carrying out the duties and responsibilities of a
171	171	director.
172	172	Sec. 3895.058. INITIAL DIRECTORS. (a) The initial board
173	173	consists of the following directors:
174	174	(1)__________________________________;
175	175	(2)__________________________________;
176	176	(3)__________________________________;
177	177	(4)__________________________________; and
178	178	(5)__________________________________.
179	179	(b) Of the initial directors, the terms of directors
180	180	appointed for positions 1 and 2 expire June 1, 2013, and the terms
181	181	of directors appointed for positions 3 through 5 expire June 1,
182	182	2015.
183	183	(c) This section expires September 1, 2015.
184	184	Sec. 3895.059. QUORUM. For purposes of determining whether
185	185	a quorum of the board is present, the following are not counted:
186	186	(1) a board position vacant for any reason, including
187	187	death, resignation, or disqualification;
188	188	(2) a director who is abstaining from participation in
189	189	a vote because of a conflict of interest; or
190	190	(3) a nonvoting director.
191	191	[Sections 3895.060-3895.100 reserved for expansion]
192	192	SUBCHAPTER C. POWERS AND DUTIES
193	193	Sec. 3895.101. GENERAL POWERS AND DUTIES. The district has
194	194	the powers and duties provided by:
195	195	(1) the general laws relating to conservation and
196	196	reclamation districts created under Section 59, Article XVI, Texas
197	197	Constitution, including Chapters 49 and 54, Water Code;
198	198	(2) the general laws relating to road districts and
199	199	road utility districts created under Section 52(b), Article III,
200	200	Texas Constitution, including Chapter 441, Transportation Code;
201	201	(3) Subchapter A, Chapter 372, Local Government Code,
202	202	in the same manner as a municipality or a county;
203	203	(4) Chapter 375, Local Government Code; and
204	204	(5) Chapter 505, Local Government Code, as if the
205	205	district were a municipality to which that chapter applies.
206	206	Sec. 3895.102. IMPROVEMENT PROJECTS. (a) The district may
207	207	provide, or it may enter into contracts with a governmental or
208	208	private entity to provide, the following types of improvement
209	209	projects or activities in support of or incidental to those
210	210	projects:
211	211	(1) a supply and distribution facility or system to
212	212	provide potable and city-approved nonpotable water to the residents
213	213	and businesses of the district, including a wastewater collection
214	214	facility;
215	215	(2) a paved road or street, inside and outside the
216	216	district, to the extent authorized by Section 52, Article III,
217	217	Texas Constitution;
218	218	(3) the planning, design, construction, improvement,
219	219	and maintenance of:
220	220	(A) landscaping;
221	221	(B) highway right-of-way or transit corridor
222	222	beautification and improvement;
223	223	(C) lighting, banners, and signs;
224	224	(D) a street or sidewalk;
225	225	(E) a hiking and cycling path or trail;
226	226	(F) a pedestrian walkway, skywalk, crosswalk, or
227	227	tunnel;
228	228	(G) a park, lake, garden, recreational facility,
229	229	sports facility, open space, scenic area, or related exhibit or
230	230	preserve;
231	231	(H) a fountain, plaza, or pedestrian mall; or
232	232	(I) a drainage or storm-water detention
233	233	improvement;
234	234	(4) protection and improvement of the quality of storm
235	235	water that flows through the district;
236	236	(5) the planning, design, construction, improvement,
237	237	maintenance, and operation of:
238	238	(A) a water or sewer facility; or
239	239	(B) an off-street parking facility or heliport;
240	240	(6) the planning and acquisition of:
241	241	(A) public art and sculpture and related exhibits
242	242	and facilities; or
243	243	(B) an educational and cultural exhibit or
244	244	facility;
245	245	(7) the planning, design, construction, acquisition,
246	246	lease, rental, improvement, maintenance, installation, and
247	247	management of and provision of furnishings for a facility for:
248	248	(A) a conference, convention, or exhibition;
249	249	(B) a manufacturer, consumer, or trade show;
250	250	(C) a civic, community, or institutional event;
251	251	or
252	252	(D) an exhibit, display, attraction, special
253	253	event, or seasonal or cultural celebration or holiday;
254	254	(8) the removal, razing, demolition, or clearing of
255	255	land or improvements in connection with an improvement project;
256	256	(9) the acquisition and improvement of land or other
257	257	property for the mitigation of the environmental effects of an
258	258	improvement project;
259	259	(10) the acquisition of property or an interest in
260	260	property in connection with an authorized improvement project;
261	261	(11) a special or supplemental service for the
262	262	improvement and promotion of the district or an area adjacent to the
263	263	district or for the protection of public health and safety in or
264	264	adjacent to the district, including:
265	265	(A) advertising;
266	266	(B) promotion;
267	267	(C) tourism;
268	268	(D) health and sanitation;
269	269	(E) public safety;
270	270	(F) security;
271	271	(G) fire protection or emergency medical
272	272	services;
273	273	(H) business recruitment;
274	274	(I) development;
275	275	(J) elimination of traffic congestion; and
276	276	(K) recreational, educational, or cultural
277	277	improvements, enhancements, and services; or
278	278	(12) any similar public improvement, facility, or
279	279	service.
280	280	(b) The district may not undertake an improvement project
281	281	under this section unless the board determines the project to be
282	282	necessary to accomplish a public purpose of the district.
283	283	(c) An improvement project must comply with any applicable
284	284	city requirements, including codes and ordinances.
285	285	(d) The district may not provide, conduct, or authorize any
286	286	improvement project on the city streets, highways, rights-of-way,
287	287	or easements without the consent of the governing body of the city.
288	288	(e) The district shall immediately comply with any city
289	289	ordinance, order, or resolution that:
290	290	(1) requires the district to transfer to the city the
291	291	title to all or any portion of an improvement project; or
292	292	(2) authorizes the district to own, encumber,
293	293	maintain, and operate an improvement project, subject to the right
294	294	of the city to order a conveyance of the project to the city on a
295	295	date determined by the city.
296	296	(f) For the purposes of this section, planning, design,
297	297	construction, improvement, and maintenance of a lake include work
298	298	done for drainage, reclamation, or recreation.
299	299	Sec. 3895.103. GENERAL POWERS REGARDING CONTRACTS. (a)
300	300	The district may:
301	301	(1) contract with any person to accomplish any
302	302	district purpose, including a contract for:
303	303	(A) the payment, repayment, or reimbursement of
304	304	costs incurred by that person on behalf of the district, including
305	305	all or part of the costs of an improvement project and interest on
306	306	the reimbursed cost; or
307	307	(B) the use, occupancy, lease, rental,
308	308	operation, maintenance, or management of all or part of a proposed
309	309	or existing improvement project; and
310	310	(2) apply for and contract with any person to receive,
311	311	administer, and perform a duty or obligation of the district under a
312	312	federal, state, local, or private gift, grant, loan, conveyance,
313	313	transfer, bequest, or other financial assistance arrangement
314	314	relating to the investigation, planning, analysis, study, design,
315	315	acquisition, construction, improvement, completion,
316	316	implementation, or operation by the district or others of a
317	317	proposed or existing improvement project.
318	318	(b) A contract the district enters into to carry out a
319	319	purpose of this chapter may be on any terms and for any period the
320	320	board determines, including a negotiable or nonnegotiable note or
321	321	warrant payable to the city, Dallas County, and any other person.
322	322	(c) Any person may contract with the district to carry out
323	323	the purposes of this chapter without further statutory or other
324	324	authorization.
325	325	(d) A contract payable from ad valorem taxes for a period
326	326	longer than one year must be approved by the governing body of the
327	327	city.
328	328	Sec. 3895.104. COMPETITIVE BIDDING. Section 375.221, Local
329	329	Government Code, applies only to a district contract that has a
330	330	value of more than $50,000.
331	331	Sec. 3895.105. ECONOMIC DEVELOPMENT. The district may
332	332	create economic development programs and exercise the economic
333	333	development powers that:
334	334	(1) Chapter 380, Local Government Code, provides to a
335	335	municipality with a population of more than 100,000; and
336	336	(2) Chapter 1509, Government Code, provides to a
337	337	municipality.
338	338	Sec. 3895.106. RULES; ENFORCEMENT. (a) The district may
339	339	adopt rules:
340	340	(1) to administer or operate the district;
341	341	(2) for the use, enjoyment, availability, protection,
342	342	security, and maintenance of the district's property and
343	343	facilities; or
344	344	(3) to provide for public safety and security in the
345	345	district.
346	346	(b) The district may enforce its rules by injunctive relief.
347	347	(c) To the extent a district rule conflicts with a city rule
348	348	or order, the city rule or order controls.
349	349	Sec. 3895.107. NAME CHANGE. The board by resolution may
350	350	change the district's name. The board shall give written notice of
351	351	the change to the city.
352	352	Sec. 3895.108. ADDING OR REMOVING TERRITORY. The board may
353	353	add or remove territory under Subchapter J, Chapter 49, and Section
354	354	54.016, Water Code, except that:
355	355	(1) the addition or removal of the territory must be
356	356	approved by:
357	357	(A) the governing body of the city; and
358	358	(B) the owners of the territory being added or
359	359	removed;
360	360	(2) a reference to a tax in Subchapter J, Chapter 49,
361	361	or Section 54.016, Water Code, means an ad valorem tax; and
362	362	(3) territory may not be removed from the district if
363	363	bonds or other obligations of the district payable wholly or partly
364	364	from ad valorem taxes on the territory are outstanding.
365	365	Sec. 3895.109. NO EMINENT DOMAIN POWER. The district may
366	366	not exercise the power of eminent domain.
367	367	Sec. 3895.110. DISTRICT EMPLOYEES; TERMS OF EMPLOYMENT;
368	368	COMPENSATION. The board may employ and establish the terms of
369	369	employment and compensation of:
370	370	(1) an executive director or general manager; or
371	371	(2) any other district employee the board considers
372	372	necessary.
373	373	[Sections 3895.111-3895.150 reserved for expansion]
374	374	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
375	375	Sec. 3895.151. GENERAL POWERS REGARDING FINANCIAL MATTERS.
376	376	Except as provided by Section 3895.161, the district may:
377	377	(1) impose an ad valorem tax on all taxable property in
378	378	the district, including industrial, commercial, and residential
379	379	property, to pay for an improvement project;
380	380	(2) impose an assessment on property in the district
381	381	in the manner provided for:
382	382	(A) a district under Subchapter F, Chapter 375,
383	383	Local Government Code; or
384	384	(B) a municipality or county under Subchapter A,
385	385	Chapter 372, Local Government Code;
386	386	(3) provide or secure the payment or repayment of the
387	387	costs and expenses of the establishment, administration, and
388	388	operation of the district and the district's costs or share of the
389	389	costs or revenue of an improvement project or district contractual
390	390	obligation or indebtedness by or through:
391	391	(A) a lease, installment purchase contract, or
392	392	other agreement with any person;
393	393	(B) the imposition of a tax, assessment, user
394	394	fee, concession fee, or rental charge; or
395	395	(C) any other revenue or resource of the
396	396	district;
397	397	(4) establish user charges related to the operation of
398	398	storm-water facilities, including the regulation of storm water for
399	399	the protection of water quality in the district;
400	400	(5) establish user charges for the use of nonpotable
401	401	water for irrigation purposes, subject to the approval of the
402	402	governing body of the city;
403	403	(6) undertake separately or jointly with other
404	404	persons, including the city or Dallas County, all or part of the
405	405	cost of an improvement project, including an improvement project:
406	406	(A) for improving, enhancing, and supporting
407	407	public safety and security, fire protection and emergency medical
408	408	services, and law enforcement in and adjacent to the district; or
409	409	(B) that confers a general benefit on the entire
410	410	district or a special benefit on a definable part of the district;
411	411	and
412	412	(7) enter into a tax abatement agreement in accordance
413	413	with the general laws of this state authorizing and applicable to
414	414	tax abatement agreements by municipalities.
415	415	Sec. 3895.152. BORROWING MONEY. The district may borrow
416	416	money for a district purpose by issuing or executing bonds, notes,
417	417	credit agreements, or other obligations of any kind found by the
418	418	board to be necessary or appropriate for the district purpose. The
419	419	bond, note, credit agreement, or other obligation must be secured
420	420	by and payable from ad valorem taxes, assessments, or other
421	421	district revenue.
422	422	Sec. 3895.153. IMPACT FEES AND ASSESSMENTS; EXEMPTION. (a)
423	423	The district may impose an impact fee or assessment on property in
424	424	the district, including an impact fee or assessment on residential
425	425	or commercial property, only in the manner provided by Subchapter
426	426	A, Chapter 372, or Subchapter F, Chapter 375, Local Government
427	427	Code, for a municipality, county, or public improvement district,
428	428	according to the benefit received by the property.
429	429	(b) An impact fee for residential property must be for the
430	430	limited purpose of providing capital funding for:
431	431	(1) public water and wastewater facilities;
432	432	(2) drainage and storm-water facilities; and
433	433	(3) streets and alleys.
434	434	(c) An assessment, a reassessment, or an assessment
435	435	resulting from an addition to or correction of the assessment roll
436	436	by the district, penalties and interest on an assessment or
437	437	reassessment, or an expense of collection of an assessment,
438	438	including reasonable attorney's fees, incurred by the district:
439	439	(1) is a first and prior lien against the property
440	440	assessed; and
441	441	(2) is superior to any other lien or claim other than a
442	442	lien or claim for county, school district, or municipal ad valorem
443	443	taxes.
444	444	(d) The board may make a correction to or deletion from the
445	445	assessment roll that does not increase the amount of assessment of
446	446	any parcel of land without providing notice and holding a hearing in
447	447	the manner required for additional assessments.
448	448	(e) The district may not impose an impact fee on the
449	449	property, including equipment and facilities, of a public utility
450	450	provider in the district.
451	451	Sec. 3895.154. CERTAIN RESIDENTIAL PROPERTY NOT EXEMPT.
452	452	Section 375.161, Local Government Code, does not apply to the
453	453	district.
454	454	Sec. 3895.155. MAINTENANCE AND OPERATION TAX; ELECTION.
455	455	(a) Except as provided by Section 3895.161, the district may impose
456	456	a tax for maintenance and operation purposes, including for:
457	457	(1) planning, constructing, acquiring, maintaining,
458	458	repairing, and operating all improvement projects, including land,
459	459	plants, works, facilities, improvements, appliances, and equipment
460	460	of the district; and
461	461	(2) paying costs of services, engineering and legal
462	462	fees, and organization and administrative expenses.
463	463	(b) The district may not impose a maintenance and operation
464	464	tax unless the maximum tax rate is approved by the governing body of
465	465	the city and a majority of the district voters voting at an election
466	466	held for that purpose. If the maximum tax rate is approved, the
467	467	board may impose the tax at any rate that does not exceed the
468	468	approved rate.
469	469	(c) A maintenance and operation tax election may be held at
470	470	the same time and in conjunction with any other district election.
471	471	The election may be called by a separate election order or as part
472	472	of any other election order.
473	473	(d) The proposition in a maintenance and operation tax
474	474	election may be for a specific maximum rate.
475	475	Sec. 3895.156. USE OF SURPLUS MAINTENANCE AND OPERATION
476	476	MONEY. If the district has surplus maintenance and operation tax
477	477	money that is not needed for the purposes for which it was
478	478	collected, the money may be used for any authorized purpose.
479	479	Sec. 3895.157. BOND ISSUANCE PLAN REQUIRED BEFORE ISSUING
480	480	BONDS. The district may not issue bonds until the governing body of
481	481	the city approves a bond issuance plan authorizing and setting
482	482	forth the limitations on the issuance of the bonds.
483	483	Sec. 3895.158. BONDS AND OTHER OBLIGATIONS; MUNICIPAL
484	484	APPROVAL. (a) Except as provided by Sections 3895.157 and
485	485	3895.161, the district may issue, by competitive bid or negotiated
486	486	sale, bonds, notes, or other obligations payable wholly or partly
487	487	from ad valorem taxes or assessments in the manner provided by
488	488	Subchapter A, Chapter 372, or Subchapter J, Chapter 375, Local
489	489	Government Code.
490	490	(b) In exercising the district's borrowing power, the
491	491	district may issue a bond or other obligation in the form of a bond,
492	492	note, certificate of participation or other instrument evidencing a
493	493	proportionate interest in payments to be made by the district, or
494	494	other type of obligation.
495	495	(c) In addition to the sources of money described by
496	496	Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
497	497	Government Code, district bonds may be secured and made payable
498	498	wholly or partly by a pledge of any part of the net proceeds the
499	499	district receives from any other district revenue.
500	500	Sec. 3895.159. BOND MATURITY. Bonds must mature not more
501	501	than 40 years from their date of issue.
502	502	Sec. 3895.160. TAXES FOR BONDS AND OTHER OBLIGATIONS. (a)
503	503	At the time bonds or other obligations payable wholly or partly from
504	504	ad valorem taxes are issued:
505	505	(1) the board shall impose a continuing direct annual
506	506	ad valorem tax, without limit as to rate or amount, for each year
507	507	that all or part of the bonds are outstanding; and
508	508	(2) the district annually shall impose an ad valorem
509	509	tax on all taxable property in the district in an amount sufficient
510	510	to:
511	511	(A) pay the interest on the bonds or other
512	512	obligations as the interest becomes due;
513	513	(B) create a sinking fund for the payment of the
514	514	principal of the bonds or other obligations when due or the
515	515	redemption price at any earlier required redemption date; and
516	516	(C) pay the expenses of imposing the taxes.
517	517	(b) Bonds or other obligations that are secured by and
518	518	payable from ad valorem taxes may not be issued unless the bonds and
519	519	the imposition of the taxes are approved by:
520	520	(1) a majority of the district voters voting at an
521	521	election held for that purpose; and
522	522	(2) the governing body of the city.
523	523	(c) The district shall hold an election required by this
524	524	section in the manner provided by Chapter 54, Water Code.
525	525	Sec. 3895.161. PROJECT DEVELOPMENT AGREEMENT REQUIRED TO
526	526	IMPOSE TAXES OR BORROW MONEY, INCLUDING BONDS. Before the district
527	527	may issue bonds, impose taxes, or borrow money, the district and the
528	528	city must negotiate and execute a mutually approved and accepted
529	529	interlocal project development agreement regarding the development
530	530	plans and rules for:
531	531	(1) the development and operation of the district; and
532	532	(2) the financing of improvement projects.
533	533	Sec. 3895.162. CITY NOT REQUIRED TO PAY DISTRICT
534	534	OBLIGATIONS. Except as provided by Section 375.263, Local
535	535	Government Code, the city is not required to pay a bond, note, or
536	536	other obligation of the district.
537	537	[Sections 3895.163-3895.200 reserved for expansion]
538	538	SUBCHAPTER E. DISSOLUTION
539	539	Sec. 3895.201. DISSOLUTION BY CITY ORDINANCE. (a) If the
540	540	city adopts by a two-thirds vote of its governing body an ordinance
541	541	to dissolve the district, the district is dissolved.
542	542	(b) The district may not be dissolved until the district's
543	543	outstanding indebtedness or contractual obligations payable from
544	544	ad valorem taxes have been repaid or discharged.
545	545	(c) The district may not be dissolved until any agreement
546	546	under Section 3895.161 has been executed and the district's
547	547	performance under the agreement has been fulfilled, including any
548	548	right or obligation the district has to reimburse a developer or
549	549	owner for the costs of improvement projects.
550	550	Sec. 3895.202. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
551	551	(a) If the dissolved district has bonds or other obligations
552	552	outstanding secured by and payable from assessments or other
553	553	revenue, other than ad valorem taxes, the city succeeds to the
554	554	rights and obligations of the district regarding enforcement and
555	555	collection of the assessments or other revenue.
556	556	(b) If the district is dissolved, the city has and may
557	557	exercise all district powers to enforce and collect the assessments
558	558	or other revenue to pay:
559	559	(1) the bonds or other obligations when due and
560	560	payable according to their terms; or
561	561	(2) special revenue or assessment bonds or other
562	562	obligations issued by the city to refund the outstanding bonds or
563	563	obligations.
564	564	Sec. 3895.203. ASSUMPTION OF ASSETS AND LIABILITIES. (a)
565	565	The district may not be dissolved by the city unless the city
566	566	assumes the obligations of the district, including any bonds or
567	567	other indebtedness payable from assessments or other district
568	568	revenue.
569	569	(b) If the city dissolves the district, the board shall
570	570	transfer ownership of all district property to the city.
571	571	SECTION 2. The Rowlett Pecan Grove Management District
572	572	initially includes all territory contained in the following area:
573	573	TRACT 1: BEING Lots 1 and 2, in Block A of Pecan Grove Park
574	574	Addition, an Addition to the City of Rowlett, Dallas County, Texas,
575	575	according to the Map thereof recorded under cc#200600238026, Real
576	576	Property Records of Dallas County, Texas; and
577	577	TRACT 2: BEING all that certain lot, tract or parcel of land
578	578	situated in the Thomas Lumley Survey, Abstract No. 789, City of
579	579	Rowlett, Dallas County, Texas, and being a part of a 87.934 acres
580	580	tract of land as described in a Special Warranty deed from Garland
581	581	Independent School District to City of Rowlett, dated August 27,
582	582	1997 and being recorded in Volume 97175, Page 1103 of the Deed
583	583	Records of Dallas County, Texas, and being more particularly
584	584	described as follows:
585	585	BEGINNING at a 3/8" iron rod found for corner in the east
586	586	right-of-way line of Kirby Road (variable width right-of-way) and
587	587	in the meanders of a creek, said point being at the west most
588	588	northwest corner of said 87.934 acres tract and at the southwest
589	589	corner of Lot 1, Block A, Rowlett High School, an Addition to the
590	590	City of Rowlett, Texas, according to the Map thereof recorded in
591	591	Volume 94179, Page 1344 of the Map Records of Dallas County, Texas;
592	592	THENCE in an easterly direction along the south line of said
593	593	Addition and generally along the meanders of said creek as follows:
594	594	S. 26 deg. 27 min. 49 sec. E. a distance of 111.48 feet;
595	595	N. 70 deg. 10 min. 55 sec. E. a distance of 260.00 feet;
596	596	S. 79 deg. 19 min. 59 sec. E. a distance of 195.00 feet;
597	597	N. 81 deg. 03 min. 35 sec. E. a distance of 110.00 feet;
598	598	S. 51 deg. 03 min. 57 sec. E. a distance of 60.00 feet;
599	599	N. 79 deg. 18 min. 55 sec. E. a distance of 175.00 feet;
600	600	S. 38 deg. 56 min. 57 sec. E. a distance of 142.00 feet;
601	601	N. 57 deg. 52 min. 19 sec. E. a distance of 115.00 feet;
602	602	S. 15 deg. 11 min. 06 sec. E. a distance of 108.00 feet;
603	603	S. 19 deg. 47 min. 39 sec. W. a distance of 106.00 feet;
604	604	S. 78 deg. 40 min. 34 sec. E. a distance of 335.00 feet;
605	605	S. 13 deg. 24 min. 39 sec. E. a distance of 92.20 feet;
606	606	THENCE N. 59 deg. 02 min. 24 sec. E. leaving the meanders of
607	607	said creek and continuing along the south line of said Addition, a
608	608	distance of 219.48 feet to a 1/2" iron rod found for corner at the
609	609	southeast corner of said Addition and being in the west line of a
610	610	100 foot T.P. & L. Co. easement as recorded in Volume 67115, Page
611	611	202 of the Deed Records of Dallas County, Texas;
612	612	THENCE N. 00 deg. 55 min. 24 sec. W. along the east line of
613	613	said Addition, a distance of 500.14 feet to a 5/8" iron rod found
614	614	for corner at the southwest corner of Lot 2, Block A, of Pecan Grove
615	615	Park Addition, an Addition to the City of Rowlett, Dallas County,
616	616	Texas, according to the Map thereof recorded under cc#200600238026,
617	617	Real Property Records of Dallas County, Texas;
618	618	THENCE N. 89 deg. 04 min. 17 sec. E. along the south line of
619	619	said Lot 2, a distance of 936.07 feet to a 5/8" iron rod found for
620	620	corner at the southeast corner of Lot 2 and the south most southwest
621	621	corner of said Lot 1;
622	622	THENCE N. 68 deg. 17 min. 12 sec. E. along the southeast line
623	623	of said Lot 1, a distance of 800.60 feet to a 5/8" iron rod found for
624	624	corner in the southwest right-of-way line of Dallas Area Rapid
625	625	Transit (100' R.O.W.)
626	626	THENCE S. 45 deg. 29 min. 56 sec. E. along said right-of-way
627	627	line, a distance of 97.69 feet to a 1/2" iron rod found for corner in
628	628	the west take line of the City of Dallas for Lake Ray Hubbard as
629	629	recorded in Volume 69061, Page 970 of the Deed Records of Dallas
630	630	County, Texas;
631	631	THENCE S. 18 deg. 04 min. 52 sec. E. along said take line, a
632	632	distance of 338.92 feet to a concrete monument with brass disk
633	633	marked "City of Dallas Water Dept. U-10-2" found for corner;
634	634	THENCE S. 02 deg. 36 min. 36 sec. E. along said take line, a
635	635	distance of 502.17 feet to a concrete monument with brass disk
636	636	marked "City of Dallas Water Dept. U-6-2" found for corner;
637	637	THENCE S. 19 deg. 09 min. 28 sec. W. along said take line, a
638	638	distance of 477.18 feet to a broken concrete monument with brass
639	639	disk marked "City of Dallas Water Dept. U-6-1" found for corner;
640	640	THENCE S. 89 deg. 19 min. 30 sec. W. along the north line of a
641	641	2.29 acres tract as described in a Deed to Singh Lalsingh Sanker, as
642	642	recorded in Volume 87085, Page 4639 of the Deed Records of Dallas
643	643	County, Texas, a distance of 705.12 feet to a 1/2" iron rod found
644	644	for corner in the east right-of-way line of Miller Heights Drive
645	645	(60' R.O.W.);
646	646	THENCE N. 02 deg. 54 min. 52 sec. E., along said right-of-way
647	647	line, a distance of 10.12 feet to a 1/2" iron rod found for corner;
648	648	THENCE S. 89 deg. 18 min. 25 sec. W. along said right-of-way
649	649	line, a distance of 2546.89 feet to a 1/2" iron rod found for corner
650	650	in the east right-of-way line of Kirby Road and being at the
651	651	southwest corner of said 87.934 acres tract;
652	652	THENCE N. 00 deg. 54 min. 25 sec. W. along said right-of-way
653	653	line, a distance of 569.41 feet to a 1/2" iron rod found for corner;
654	654	THENCE N. 05 deg. 30 min. 22 sec. E. along said right-of-way
655	655	line, a distance of 200.25 feet to a 1/2" iron rod found for corner;
656	656	THENCE N. 00 deg. 57 min. 36 sec. W. along said right-of-way
657	657	line, a distance of 123.69 feet to the POINT OF BEGINNING and
658	658	containing 3,171.925 square feet or 72.82 acres of land.
659	659	SECTION 3. (a) The legal notice of the intention to
660	660	introduce this Act, setting forth the general substance of this
661	661	Act, has been published as provided by law, and the notice and a
662	662	copy of this Act have been furnished to all persons, agencies,
663	663	officials, or entities to which they are required to be furnished
664	664	under Section 59, Article XVI, Texas Constitution, and Chapter 313,
665	665	Government Code.
666	666	(b) The governor, one of the required recipients, has
667	667	submitted the notice and Act to the Texas Commission on
668	668	Environmental Quality.
669	669	(c) The Texas Commission on Environmental Quality has filed
670	670	its recommendations relating to this Act with the governor,
671	671	lieutenant governor, and speaker of the house of representatives
672	672	within the required time.
673	673	(d) The general law relating to consent by political
674	674	subdivisions to the creation of districts with conservation,
675	675	reclamation, and road powers and the inclusion of land in those
676	676	districts has been complied with.
677	677	(e) All requirements of the constitution and laws of this
678	678	state and the rules and procedures of the legislature with respect
679	679	to the notice, introduction, and passage of this Act have been
680	680	fulfilled and accomplished.
681	681	SECTION 4. This Act takes effect immediately if it receives
682	682	a vote of two-thirds of all the members elected to each house, as
683	683	provided by Section 39, Article III, Texas Constitution. If this
684	684	Act does not receive the vote necessary for immediate effect, this
685	685	Act takes effect September 1, 2011.