Texas 2011 - 82nd Regular

Texas Senate Bill SB1184 Compare Versions

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1	1	By: Nichols S.B. No. 1184
2	2	(Christian)
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation of the Timber Springs Municipal Management
8	8	District; providing authority to impose a tax, levy an assessment,
9	9	and issue bonds.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle C, Title 4, Special District Local Laws
12	12	Code, is amended by adding Chapter 3897 to read as follows:
13	13	CHAPTER 3897. TIMBER SPRINGS MUNICIPAL MANAGEMENT DISTRICT
14	14	SUBCHAPTER A. GENERAL PROVISIONS
15	15	Sec. 3897.001. DEFINITIONS. In this chapter:
16	16	(1) "Board" means the district's board of directors.
17	17	(2) "Director" means a board member.
18	18	(3) "District" means the Timber Springs Municipal
19	19	Management District.
20	20	(4) "Improvement project" means a project authorized
21	21	by Subchapter C-1.
22	22	Sec. 3897.002. CREATION AND NATURE OF DISTRICT. The
23	23	district is a special district created under Section 59, Article
24	24	XVI, Texas Constitution.
25	25	Sec. 3897.003. PURPOSE; LEGISLATIVE FINDINGS. (a) The
26	26	creation of the district is essential to accomplish the purposes of
27	27	Sections 52 and 52-a, Article III, and Section 59, Article XVI,
28	28	Texas Constitution, and other public purposes stated in this
29	29	chapter. By creating the district and in authorizing a
30	30	municipality in which the district is located and other political
31	31	subdivisions to contract with the district, the legislature has
32	32	established a program to accomplish the public purposes set out in
33	33	Section 52-a, Article III, Texas Constitution.
34	34	(b) The creation of the district is necessary to promote,
35	35	develop, encourage, and maintain employment, commerce,
36	36	transportation, housing, tourism, recreation, the arts,
37	37	entertainment, economic development, safety, and the public
38	38	welfare in the district.
39	39	(c) This chapter and the creation of the district may not be
40	40	interpreted to relieve a municipality or county in which the
41	41	district is located from providing the level of services provided
42	42	as of the effective date of the Act enacting this chapter to the
43	43	area in the district. The district is created to supplement and not
44	44	to supplant municipal and county services provided in the district.
45	45	Sec. 3897.004. FINDINGS OF BENEFIT AND PUBLIC PURPOSE.
46	46	(a) The district is created to serve a public use and benefit.
47	47	(b) All land and other property included in the district
48	48	will benefit from the improvements and services to be provided by
49	49	the district under powers conferred by Sections 52 and 52-a,
50	50	Article III, and Section 59, Article XVI, Texas Constitution, and
51	51	other powers granted under this chapter.
52	52	(c) The creation of the district is in the public interest
53	53	and is essential to further the public purposes of:
54	54	(1) developing and diversifying the economy of the
55	55	state;
56	56	(2) eliminating unemployment and underemployment;
57	57	(3) providing quality residential housing; and
58	58	(4) developing or expanding transportation and
59	59	commerce.
60	60	(d) The district will:
61	61	(1) promote the health, safety, and general welfare of
62	62	residents, employers, potential employees, employees, visitors,
63	63	and consumers in the district, and of the public;
64	64	(2) provide needed funding for the district to
65	65	preserve, maintain, and enhance the economic health and vitality of
66	66	the district territory as a residential community and business
67	67	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, vehicle parking, and street art objects are parts of
75	75	and necessary components of a street and are considered to be an
76	76	improvement project that includes a street or road 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. 3897.005. 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 3897.115 or other law.
84	84	(b) A mistake in the field notes of the district contained
85	85	in Section 2 of the Act enacting this chapter or in copying the
86	86	field notes in the legislative process does not in any way affect:
87	87	(1) the district's organization, existence, or
88	88	validity;
89	89	(2) the district's right to contract, including the
90	90	right to issue any type of bond or other obligation for a purpose
91	91	for which the district is created;
92	92	(3) the district's right to impose or collect an
93	93	assessment, tax, or any other revenue; or
94	94	(4) the legality or operation of the board.
95	95	Sec. 3897.006. ELIGIBILITY FOR INCLUSION IN SPECIAL ZONES.
96	96	(a) All or any part of the area of the district is eligible to be
97	97	included in:
98	98	(1) a tax increment reinvestment zone created by a
99	99	municipality in which the district is located under Chapter 311,
100	100	Tax Code;
101	101	(2) a tax abatement reinvestment zone created by a
102	102	municipality in which the district is located under Chapter 312,
103	103	Tax Code;
104	104	(3) an enterprise zone created by a municipality in
105	105	which the district is located under Chapter 2303, Government Code;
106	106	or
107	107	(4) an industrial zone created by a municipality in
108	108	which the district is located under Chapter 42, Local Government
109	109	Code.
110	110	(b) If a municipality in which the district is located
111	111	creates a tax increment reinvestment zone described by Subsection
112	112	(a), the municipality and the board of directors of the zone, by
113	113	contract with the district, may grant money deposited in the tax
114	114	increment fund to the district to be used by the district for the
115	115	purposes permitted for money granted to a corporation under Section
116	116	380.002(b), Local Government Code, including the right to pledge
117	117	the money as security for any bonds issued by the district for an
118	118	improvement project.
119	119	[Sections 3897.007-3897.050 reserved for expansion]
120	120	SUBCHAPTER B. BOARD OF DIRECTORS
121	121	Sec. 3897.051. GOVERNING BODY; TERMS. The district is
122	122	governed by a board of five directors who serve staggered terms of
123	123	four years, with two or three directors' terms expiring May 31 of
124	124	each even-numbered year.
125	125	Sec. 3897.052. ELECTION DATE. The board shall hold an
126	126	election for directors on the uniform election date in May in
127	127	even-numbered years.
128	128	Sec. 3897.053. ELIGIBILITY. (a) To be qualified to serve
129	129	as a director, a person must be:
130	130	(1) an owner of real property in the district; or
131	131	(2) an employee of a person described by Subdivision
132	132	(1).
133	133	(b) Section 49.052, Water Code, does not apply to the
134	134	district.
135	135	Sec. 3897.054. VACANCY. (a) The remaining directors shall
136	136	fill a vacancy on the board by appointing a person who meets the
137	137	qualifications prescribed by Section 3897.053.
138	138	(b) If there are fewer than three directors, the governing
139	139	body of the largest municipality in which the district is located
140	140	shall appoint the necessary number of directors to fill all board
141	141	vacancies.
142	142	Sec. 3897.055. DIRECTOR'S OATH OR AFFIRMATION. A director
143	143	shall file the director's oath or affirmation of office with the
144	144	district, and the district shall retain the oath or affirmation in
145	145	the district records.
146	146	Sec. 3897.056. OFFICERS. The board shall elect from among
147	147	the directors a chair, a vice chair, and a secretary.
148	148	Sec. 3897.057. COMPENSATION OF DIRECTORS; REIMBURSEMENT OF
149	149	EXPENSES. (a) The district may compensate each director in an
150	150	amount not to exceed $50 for each board meeting. The total amount
151	151	of compensation a director may receive each year may not exceed
152	152	$2,000.
153	153	(b) A director is entitled to reimbursement for necessary
154	154	and reasonable expenses incurred in carrying out the duties and
155	155	responsibilities of a director.
156	156	Sec. 3897.058. INITIAL DIRECTORS. (a) The initial board
157	157	consists of the following directors:
158	158	Pos. No. Name of Director Pos. No. Name of Director
159	159	Pos. No. Name of Director
160	160	1 Charles F. Jordan 1 Charles F. Jordan
161	161	1 Charles F. Jordan
162	162	2 Darren Woody 2 Darren Woody
163	163	2 Darren Woody
164	164	3 Rob Hutchison 3 Rob Hutchison
165	165	3 Rob Hutchison
166	166	4 Joe Geer 4 Joe Geer
167	167	4 Joe Geer
168	168	5 Nick Craig 5 Nick Craig
169	169	5 Nick Craig
170	170	(b) Of the initial directors, the terms of directors
171	171	appointed for positions 1 and 2 expire May 31, 2012, and the terms
172	172	of directors appointed for positions 3 through 5 expire May 31,
173	173	2014.
174	174	(c) This section expires September 1, 2014.
175	175	[Sections 3897.059-3897.100 reserved for expansion]
176	176	SUBCHAPTER C. POWERS AND DUTIES
177	177	Sec. 3897.101. GENERAL POWERS AND DUTIES. The district has
178	178	the powers and duties necessary to accomplish the purposes for
179	179	which the district is created.
180	180	Sec. 3897.102. IMPROVEMENT PROJECTS AND SERVICES. The
181	181	district may provide, design, construct, acquire, improve,
182	182	relocate, operate, maintain, or finance an improvement project or
183	183	service using money available to the district, or contract with a
184	184	governmental or private entity to provide, design, construct,
185	185	acquire, improve, relocate, operate, maintain, or finance an
186	186	improvement project or service authorized under this chapter,
187	187	including a project described by Subchapter C-1, or under Chapter
188	188	375, Local Government Code.
189	189	Sec. 3897.103. DEVELOPMENT CORPORATION POWERS. The
190	190	district, using money available to the district, may exercise the
191	191	powers given to a development corporation under Chapter 505, Local
192	192	Government Code, including the power to own, operate, acquire,
193	193	construct, lease, improve, or maintain a project under that
194	194	chapter.
195	195	Sec. 3897.104. NONPROFIT CORPORATION. (a) The board by
196	196	resolution may authorize the creation of a nonprofit corporation to
197	197	assist and act for the district in implementing a project or
198	198	providing a service authorized by this chapter.
199	199	(b) The nonprofit corporation:
200	200	(1) has each power of and is considered to be a local
201	201	government corporation created under Subchapter D, Chapter 431,
202	202	Transportation Code; and
203	203	(2) may implement any project and provide any service
204	204	authorized by this chapter.
205	205	(c) The board shall appoint the board of directors of the
206	206	nonprofit corporation. The board of directors of the nonprofit
207	207	corporation shall serve in the same manner as the board of directors
208	208	of a local government corporation created under Subchapter D,
209	209	Chapter 431, Transportation Code, except that a board member is not
210	210	required to reside in the district.
211	211	Sec. 3897.105. AGREEMENTS; GRANTS. (a) As provided by
212	212	Chapter 375, Local Government Code, the district may make an
213	213	agreement with or accept a gift, grant, or loan from any person.
214	214	(b) The implementation of a project is a governmental
215	215	function or service for the purposes of Chapter 791, Government
216	216	Code.
217	217	Sec. 3897.106. LAW ENFORCEMENT SERVICES. To protect the
218	218	public interest, the district may contract with a qualified party,
219	219	including a county or a city, to provide law enforcement services in
220	220	the district for a fee.
221	221	Sec. 3897.107. MEMBERSHIP IN CHARITABLE ORGANIZATIONS. The
222	222	district may join and pay dues to a charitable or nonprofit
223	223	organization that performs a service or provides an activity
224	224	consistent with the furtherance of a district purpose.
225	225	Sec. 3897.108. ECONOMIC DEVELOPMENT. (a) The district may
226	226	engage in activities that accomplish the economic development
227	227	purposes of the district.
228	228	(b) The district may establish and provide for the
229	229	administration of one or more programs to promote state or local
230	230	economic development and to stimulate business and commercial
231	231	activity in the district, including programs to:
232	232	(1) make loans and grants of public money; and
233	233	(2) provide district personnel and services.
234	234	(c) The district may create economic development programs
235	235	and exercise the economic development powers that:
236	236	(1) Chapter 380, Local Government Code, provides to a
237	237	municipality; and
238	238	(2) Subchapter A, Chapter 1509, Government Code,
239	239	provides to a municipality.
240	240	Sec. 3897.109. WATER DISTRICT POWERS. The district has the
241	241	powers provided by the general laws relating to conservation and
242	242	reclamation districts created under Section 59, Article XVI, Texas
243	243	Constitution, including Chapters 49 and 54, Water Code.
244	244	Sec. 3897.110. ROAD DISTRICT POWERS; EXCEPTION.
245	245	(a) Except as provided by Subsection (b) and Section 3897.117, the
246	246	district has the powers provided by the general laws relating to
247	247	road districts and road utility districts created under Section
248	248	52(b), Article III, Texas Constitution, including Chapter 441,
249	249	Transportation Code.
250	250	(b) The district may exercise any power granted by this
251	251	chapter and by Chapter 441, Transportation Code, without regard to
252	252	any provision or requirement of, or procedure or maintenance tax
253	253	rate limitation prescribed by, Chapter 441, Transportation Code.
254	254	Sec. 3897.111. CONFLICT WITH MUNICIPAL RULE, ORDER, OR
255	255	ORDINANCE. To the extent a district rule conflicts with a rule,
256	256	order, or ordinance of a municipality in which the district is
257	257	located, the municipal rule, order, or ordinance controls.
258	258	Sec. 3897.112. NAME CHANGE. The board by resolution may
259	259	change the district's name. The board shall give written notice of
260	260	the change to each municipality in which the district is located.
261	261	Sec. 3897.113. TERMS OF EMPLOYMENT; COMPENSATION. The
262	262	board may employ and establish the terms of employment and
263	263	compensation of an executive director or general manager and any
264	264	other district employees the board considers necessary.
265	265	Sec. 3897.114. USE OF ROADWAY, PARK, OR OTHER PUBLIC AREA OR
266	266	FACILITY OF DISTRICT. (a) The board by rule may regulate the
267	267	private use of a public roadway, open space, park, sidewalk, or
268	268	similar public area or facility in the district. A rule may provide
269	269	for the safe and orderly use of public roadways, open spaces, parks,
270	270	sidewalks, and similar public areas or facilities.
271	271	(b) The board may require a permit for a parade,
272	272	demonstration, celebration, entertainment event, or similar
273	273	nongovernmental activity in or on a public roadway, open space,
274	274	park, sidewalk, or similar public area or facility owned by the
275	275	district. The board may charge a fee for the permit application or
276	276	for public safety or security services for those facilities in an
277	277	amount the board considers necessary.
278	278	(c) The board may require a permit or franchise agreement
279	279	with a vendor, concessionaire, exhibitor, or similar private or
280	280	commercial person or organization for the limited use of the area or
281	281	facility owned by the district on terms and on payment of a permit
282	282	or franchise fee the board may impose.
283	283	Sec. 3897.115. ADDING OR REMOVING TERRITORY. As provided
284	284	by Subchapter J, Chapter 49, Water Code, the board may add territory
285	285	to the district, subject to Section 54.016, Water Code, or remove
286	286	territory from the district, except that:
287	287	(1) the addition or removal of the territory must be
288	288	approved by:
289	289	(A) the governing body of the municipality in
290	290	which the territory is located, as applicable; and
291	291	(B) the owners of the territory being added or
292	292	removed;
293	293	(2) a reference to a tax in Subchapter J, Chapter 49,
294	294	or Section 54.016, Water Code, means an ad valorem tax; and
295	295	(3) territory may not be removed from the district if
296	296	bonds or other obligations of the district payable wholly or partly
297	297	from ad valorem taxes or assessments levied or assessed on the
298	298	territory are outstanding.
299	299	Sec. 3897.116. NO EMINENT DOMAIN POWER. The district may
300	300	not exercise the power of eminent domain.
301	301	Sec. 3897.117. NO TOLL ROADS. The district may not
302	302	construct, acquire, maintain, or operate a toll road.
303	303	[Sections 3897.118-3897.150 reserved for expansion]
304	304	SUBCHAPTER C-1. IMPROVEMENT PROJECTS
305	305	Sec. 3897.151. MUNICIPAL REQUIREMENTS. (a) An
306	306	improvement project in a municipality must comply with any
307	307	applicable municipal requirements, including codes and ordinances.
308	308	(b) The district may not provide, conduct, or authorize any
309	309	improvement project on the municipality's streets, highways,
310	310	rights-of-way, or easements without the consent of the governing
311	311	body of that municipality.
312	312	Sec. 3897.152. BOARD DETERMINATION REQUIRED. The district
313	313	may not undertake an improvement project unless the board
314	314	determines the project to be necessary to accomplish a public
315	315	purpose of the district.
316	316	Sec. 3897.153. LOCATION OF IMPROVEMENT PROJECT. An
317	317	improvement project may be inside or outside the district.
318	318	Sec. 3897.154. LAKE. For the purposes of this subchapter,
319	319	planning, design, construction, improvement, or maintenance of a
320	320	lake includes work done for drainage, reclamation, or recreation.
321	321	Sec. 3897.155. WATER. (a) An improvement project may
322	322	include a supply and distribution facility or system to provide
323	323	potable and nonpotable water to the residents and businesses of the
324	324	district, including a wastewater collection facility.
325	325	(b) The district may plan, design, construct, improve,
326	326	maintain, or operate a water or sewer facility under this section.
327	327	Sec. 3897.156. ROADS. An improvement project may include a
328	328	paved, macadamized, or graveled road or street inside and outside
329	329	the district, to the full extent authorized by Section 52, Article
330	330	III, Texas Constitution.
331	331	Sec. 3897.157. STORM WATER. An improvement project may
332	332	include protection and improvement of the quality of storm water
333	333	that flows through the district.
334	334	Sec. 3897.158. PARKING OR HELIPORT. An improvement project
335	335	may include the planning, design, construction, improvement,
336	336	maintenance, and operation of an off-street parking facility or
337	337	heliport.
338	338	Sec. 3897.159. EDUCATION AND CULTURE. An improvement
339	339	project may include the planning and acquisition of:
340	340	(1) public art and sculpture and related exhibits and
341	341	facilities; or
342	342	(2) an educational facility and a cultural exhibit or
343	343	facility.
344	344	Sec. 3897.160. CONVENTION CENTER. An improvement project
345	345	may include the planning, design, construction, acquisition,
346	346	lease, rental, improvement, maintenance, installation, and
347	347	management of and provision of furnishings for a facility for:
348	348	(1) a conference, convention, or exhibition;
349	349	(2) a manufacturer, consumer, or trade show;
350	350	(3) a civic, community, or institutional event; or
351	351	(4) an exhibit, display, attraction, special event, or
352	352	seasonal or cultural celebration or holiday.
353	353	Sec. 3897.161. DEMOLITION. An improvement project may
354	354	include the removal, razing, demolition, or clearing of land or
355	355	improvements in connection with an improvement project.
356	356	Sec. 3897.162. MITIGATION OF ENVIRONMENTAL EFFECTS. An
357	357	improvement project may include the acquisition and improvement of
358	358	land or other property for the mitigation of the environmental
359	359	effects of an improvement project.
360	360	Sec. 3897.163. ACQUISITION OF PROPERTY. If the governing
361	361	body of the municipality where the improvement project is located
362	362	consents, an improvement project may include the acquisition of
363	363	property or an interest in property in connection with an
364	364	improvement project, including a project authorized by Subchapter
365	365	A, Chapter 372, Local Government Code.
366	366	Sec. 3897.164. SPECIAL OR SUPPLEMENTAL SERVICES. An
367	367	improvement project may include a special or supplemental service
368	368	for the improvement and promotion of the district or an area
369	369	adjacent to the district or for the protection of public health and
370	370	safety in or adjacent to the district, including:
371	371	(1) advertising;
372	372	(2) promotion;
373	373	(3) tourism;
374	374	(4) health and sanitation;
375	375	(5) public safety;
376	376	(6) security;
377	377	(7) fire protection or emergency medical services;
378	378	(8) business recruitment;
379	379	(9) development;
380	380	(10) the elimination of traffic congestion; and
381	381	(11) recreational, educational, or cultural
382	382	improvements, enhancements, and services.
383	383	Sec. 3897.165. MISCELLANEOUS DESIGN, CONSTRUCTION, AND
384	384	MAINTENANCE. An improvement project may include the planning,
385	385	design, construction, improvement, and maintenance of:
386	386	(1) landscaping;
387	387	(2) highway right-of-way or transit corridor
388	388	beautification and improvement;
389	389	(3) lighting, banners, and signs;
390	390	(4) a street or sidewalk;
391	391	(5) a hiking and cycling path or trail;
392	392	(6) a pedestrian walkway, skywalk, crosswalk, or
393	393	tunnel;
394	394	(7) a park, lake, garden, recreational facility,
395	395	community activities center, dock, wharf, sports facility, open
396	396	space, scenic area, or related exhibit or preserve;
397	397	(8) a fountain, plaza, or pedestrian mall; or
398	398	(9) a drainage or storm water detention improvement.
399	399	Sec. 3897.166. SIMILAR IMPROVEMENT PROJECTS. An
400	400	improvement project may include a public improvement, facility, or
401	401	service similar to a project described by this subchapter.
402	402	[Sections 3897.167-3897.200 reserved for expansion]
403	403	SUBCHAPTER C-2. CONTRACTS
404	404	Sec. 3897.201. GENERAL CONTRACT POWERS. The district may
405	405	contract with any person, including a municipality or county in
406	406	which the district is located, to accomplish any district purpose.
407	407	Sec. 3897.202. CONTRACT TERMS. (a) In this section,
408	408	"note" includes a bond anticipation note.
409	409	(b) A contract the district enters into to carry out a
410	410	purpose of this chapter may be on any terms and for any period the
411	411	board determines, including an obligation to issue a negotiable or
412	412	nonnegotiable note or warrant payable to a municipality, a county,
413	413	or any other person for the payment or reimbursement of any district
414	414	costs.
415	415	Sec. 3897.203. REIMBURSEMENT OF COSTS. The district may
416	416	contract with any person for the payment, repayment, or
417	417	reimbursement of costs incurred by that person on behalf of the
418	418	district, including all or part of the costs of an improvement
419	419	project and interest on the reimbursed cost.
420	420	Sec. 3897.204. CONTRACT FOR IMPROVEMENT PROJECT. (a) The
421	421	district may contract with any person for the use, occupancy,
422	422	lease, rental, operation, maintenance, or management of all or part
423	423	of a proposed or existing improvement project.
424	424	(b) The district may apply for and contract with any person
425	425	to receive, administer, and perform a duty or obligation of the
426	426	district under a federal, state, local, or private gift, grant,
427	427	loan, conveyance, transfer, bequest, or other financial assistance
428	428	arrangement relating to the investigation, planning, analysis,
429	429	study, design, acquisition, construction, improvement, completion,
430	430	implementation, or operation by the district or others of a
431	431	proposed or existing improvement project.
432	432	[Sections 3897.205-3897.250 reserved for expansion]
433	433	SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
434	434	Sec. 3897.251. PROJECT DEVELOPMENT AGREEMENT REQUIRED TO
435	435	IMPOSE TAXES OR BORROW MONEY, INCLUDING BONDS. Before the district
436	436	may issue bonds, impose taxes, or borrow money, the district and
437	437	each municipality in which the district is located must negotiate
438	438	and execute a project development agreement regarding the
439	439	development plans and rules for:
440	440	(1) the development and operation of the district; and
441	441	(2) the financing of improvement projects.
442	442	Sec. 3897.252. ELECTIONS REGARDING TAXES AND BONDS.
443	443	(a) The district may issue, without an election, bonds, notes, and
444	444	other obligations secured by revenue other than ad valorem taxes.
445	445	(b) The district must hold an election in the manner
446	446	provided by Subchapter L, Chapter 375, Local Government Code, to
447	447	obtain voter approval before the district may impose an ad valorem
448	448	tax or issue bonds payable from ad valorem taxes.
449	449	(c) Section 375.243, Local Government Code, does not apply
450	450	to the district.
451	451	(d) All or any part of any facilities or improvements that
452	452	may be acquired by a district by the issuance of its bonds may be
453	453	submitted as a single proposition or as several propositions to be
454	454	voted on at the election.
455	455	Sec. 3897.253. AUTHORITY TO BORROW MONEY AND TO ISSUE
456	456	BONDS. (a) The district may borrow money on terms determined by
457	457	the board. Section 375.205, Local Government Code, does not apply
458	458	to a loan, line of credit, or other borrowing from a bank or
459	459	financial institution secured by revenue other than ad valorem
460	460	taxes.
461	461	(b) The district may issue bonds, notes, or other
462	462	obligations payable wholly or partly from ad valorem taxes,
463	463	assessments, impact fees, revenue, contract payments, grants, or
464	464	other district money, or any combination of those sources of money,
465	465	to pay for any authorized district purpose.
466	466	Sec. 3897.254. ASSESSMENTS. (a) The district may impose
467	467	an assessment on property in the district to pay the cost or the
468	468	cost of maintenance of any authorized district improvement in the
469	469	manner provided for:
470	470	(1) a district under Subchapters A, E, and F, Chapter
471	471	375, Local Government Code; or
472	472	(2) a municipality or county under Subchapter A,
473	473	Chapter 372, Local Government Code.
474	474	(b) An assessment, a reassessment, or an assessment
475	475	resulting from an addition to or correction of the assessment roll
476	476	by the district, penalties and interest on an assessment or
477	477	reassessment, an expense of collection, and reasonable attorney's
478	478	fees incurred by the district:
479	479	(1) are a first and prior lien against the property
480	480	assessed; and
481	481	(2) are superior to any other lien or claim other than
482	482	a lien or claim for county, school district, or municipal ad valorem
483	483	taxes.
484	484	(c) The lien of an assessment against property runs with the
485	485	land. The portion of an assessment payment obligation that has not
486	486	yet come due is not eliminated by the foreclosure of an ad valorem
487	487	tax lien, and any purchaser of property in a foreclosure of an ad
488	488	valorem tax lien takes the property subject to the assessment
489	489	payment obligations that have not yet come due and to the lien and
490	490	terms of the lien's payment under the applicable assessment
491	491	ordinance or order.
492	492	(d) The board may make a correction to or deletion from the
493	493	assessment roll that does not increase the amount of assessment of
494	494	any parcel of land without providing notice and holding a hearing in
495	495	the manner required for additional assessments.
496	496	Sec. 3897.255. PETITION REQUIRED FOR FINANCING SERVICES AND
497	497	IMPROVEMENTS WITH ASSESSMENTS. (a) The board may not finance a
498	498	service or improvement project with assessments under this chapter
499	499	unless a written petition requesting that service or improvement
500	500	has been filed with the board.
501	501	(b) A petition filed under Subsection (a) must be signed by
502	502	the owners of a majority of the assessed value of real property in
503	503	the district subject to assessment according to the most recent
504	504	certified tax appraisal roll for the county.
505	505	Sec. 3897.256. IMPACT FEES; EXEMPTION. (a) The district
506	506	may impose an impact fee on property in the district, including an
507	507	impact fee on residential or commercial property, only in the
508	508	manner provided by Subchapter A, Chapter 372, or Subchapter F,
509	509	Chapter 375, Local Government Code, for a municipality or county.
510	510	(b) An impact fee for residential property must be for the
511	511	limited purpose of providing capital funding for:
512	512	(1) public water and wastewater facilities;
513	513	(2) drainage and storm water facilities; and
514	514	(3) streets and alleys.
515	515	(c) The district may not impose an impact fee on the
516	516	property, including equipment and facilities, of a public utility
517	517	provider in the district.
518	518	Sec. 3897.257. STORM WATER USER CHARGES. The district may
519	519	establish user charges related to the operation of storm water
520	520	facilities, including the regulation of storm water for the
521	521	protection of water quality in the district.
522	522	Sec. 3897.258. NONPOTABLE WATER USER CHARGES. The district
523	523	may establish user charges for the use of nonpotable water for
524	524	irrigation purposes, subject to approval of the governing body of
525	525	the municipality in which the user is located.
526	526	Sec. 3897.259. COSTS FOR IMPROVEMENT PROJECTS. The
527	527	district may undertake separately or jointly with other persons,
528	528	including a municipality or county in which the district is
529	529	located, all or part of the cost of an improvement project,
530	530	including an improvement project:
531	531	(1) for improving, enhancing, and supporting public
532	532	safety and security, fire protection and emergency medical
533	533	services, and law enforcement in and adjacent to the district; or
534	534	(2) that confers a general benefit on the entire
535	535	district or a special benefit on a definable part of the district.
536	536	Sec. 3897.260. RESIDENTIAL PROPERTY NOT EXEMPT. Section
537	537	375.161, Local Government Code, does not apply to the district.
538	538	[Sections 3897.261-3897.300 reserved for expansion]
539	539	SUBCHAPTER E. TAXES AND BONDS
540	540	Sec. 3897.301. PROPERTY TAX AUTHORIZED. The district may
541	541	impose an ad valorem tax on all taxable property in the district,
542	542	including industrial, commercial, and residential property, to:
543	543	(1) pay for an improvement project of the types
544	544	authorized by Section 52, Article III, and Section 59, Article XVI,
545	545	Texas Constitution; or
546	546	(2) secure the payment of bonds issued for a purpose
547	547	described by Subdivision (1).
548	548	Sec. 3897.302. TAXES FOR BONDS AND OTHER OBLIGATIONS;
549	549	ELECTION. (a) If the district issues bond anticipation notes
550	550	payable from future bond proceeds that are payable wholly or partly
551	551	from an ad valorem tax, the bonds must have been previously approved
552	552	at an election and meet the requirements of this section.
553	553	(b) At the time bonds or other obligations payable wholly or
554	554	partly from ad valorem taxes are issued:
555	555	(1) the board shall impose a continuing direct annual
556	556	ad valorem tax, without limit as to rate or amount, for each year
557	557	that all or part of the bonds are outstanding; and
558	558	(2) the district annually shall impose an ad valorem
559	559	tax on all taxable property in the district in an amount sufficient
560	560	to:
561	561	(A) pay the interest on the bonds or other
562	562	obligations as the interest becomes due;
563	563	(B) create a sinking fund for the payment of the
564	564	principal of the bonds or other obligations when due or the
565	565	redemption price at any earlier required redemption date; and
566	566	(C) pay the expenses of imposing the taxes.
567	567	(c) Bonds or other obligations that are secured by and
568	568	payable from ad valorem taxes may not be issued unless the bonds and
569	569	the imposition of the taxes are approved by a majority of the
570	570	district voters voting at an election held for that purpose.
571	571	(d) The district shall hold an election required by this
572	572	section in the manner provided by Chapter 54, Water Code, and the
573	573	Election Code.
574	574	Sec. 3897.303. MAINTENANCE AND OPERATION TAX; ELECTION.
575	575	(a) The district may impose a tax for maintenance and operation
576	576	purposes, including for:
577	577	(1) planning, constructing, acquiring, maintaining,
578	578	repairing, and operating all improvement projects, including land,
579	579	plants, works, facilities, improvements, appliances, and equipment
580	580	of the district; and
581	581	(2) paying costs of services, engineering and legal
582	582	fees, and organization and administrative expenses.
583	583	(b) The district may not impose a maintenance and operation
584	584	tax unless the tax is approved by a majority of the district voters
585	585	voting at an election held for that purpose. The proposition in a
586	586	maintenance and operation tax election may be for a specific
587	587	maximum rate or for an unlimited rate. If a maximum tax rate is
588	588	approved, the board may impose the tax at any rate that does not
589	589	exceed the approved rate.
590	590	(c) A maintenance and operation tax election may be held at
591	591	the same time and in conjunction with any other district election.
592	592	The election may be called by a separate election order or as part
593	593	of any other election order.
594	594	Sec. 3897.304. USE OF SURPLUS MAINTENANCE AND OPERATION
595	595	MONEY. If the district has maintenance and operation tax money that
596	596	is not needed for the purposes for which it was collected, the money
597	597	may be used for any authorized purpose.
598	598	Sec. 3897.305. TAX ABATEMENT. The district may enter into a
599	599	tax abatement agreement in accordance with the general laws of this
600	600	state authorizing and applicable to a tax abatement agreement by a
601	601	municipality.
602	602	Sec. 3897.306. BONDS AND OTHER OBLIGATIONS; MUNICIPAL
603	603	APPROVAL. (a) The district by competitive bid or negotiated sale
604	604	may issue bonds, notes, or other obligations payable wholly or
605	605	partly from ad valorem taxes, future bond proceeds, or assessments
606	606	in the manner provided by Subchapter A, Chapter 372, or Subchapter
607	607	J, Chapter 375, Local Government Code.
608	608	(b) In exercising the district's borrowing power, the
609	609	district may issue a bond or other obligation in the form of a bond,
610	610	note, including a bond anticipation note, certificate of
611	611	participation or other instrument evidencing a proportionate
612	612	interest in payments to be made by the district, or any other type
613	613	of obligation.
614	614	(c) In addition to the sources of money described by
615	615	Subchapter A, Chapter 372, and Subchapter J, Chapter 375, Local
616	616	Government Code, district bonds may be secured and made payable,
617	617	wholly or partly, by a pledge of any part of the money the district
618	618	receives from system or improvement revenue or from any other
619	619	source, including future bond proceeds.
620	620	Sec. 3897.307. BOND MATURITY. Bonds may mature not more
621	621	than 40 years from their date of issue.
622	622	[Sections 3897.308-3897.350 reserved for expansion]
623	623	SUBCHAPTER F. DISSOLUTION
624	624	Sec. 3897.351. DISSOLUTION BY MUNICIPAL ORDINANCE. The
625	625	largest municipality in which the district is located may dissolve
626	626	the district by ordinance.
627	627	Sec. 3897.352. LIMITATION ON DISSOLUTION. The municipality
628	628	may not dissolve the district until:
629	629	(1) the district's outstanding bonds have been repaid
630	630	or defeased;
631	631	(2) the district's outstanding debt or contractual
632	632	obligations that are payable from ad valorem taxes have been repaid
633	633	or discharged; and
634	634	(3) each agreement under Section 3897.251 has been
635	635	executed and the district's performance under the agreement has
636	636	been fulfilled, including any right or obligation the district has
637	637	to reimburse a developer or owner for the costs of improvement
638	638	projects.
639	639	Sec. 3897.353. COLLECTION OF ASSESSMENTS AND OTHER REVENUE.
640	640	(a) If the dissolved district has obligations, other than bonds,
641	641	outstanding secured by and payable from assessments or other
642	642	revenue, other than ad valorem taxes, the municipality in which the
643	643	project that generated the revenue is located shall succeed to the
644	644	rights and obligations of the district regarding enforcement and
645	645	collection of the assessments or other revenue.
646	646	(b) The municipality shall have and exercise all district
647	647	powers to enforce and collect the assessments or other revenue to
648	648	pay:
649	649	(1) the obligations when due and payable according to
650	650	their terms; or
651	651	(2) special revenue or assessment bonds or other
652	652	obligations issued by the municipality to refund the outstanding
653	653	obligations.
654	654	Sec. 3897.354. ASSUMPTION OF ASSETS AND LIABILITIES.
655	655	(a) After the municipality dissolves the district, the
656	656	municipality assumes the obligations of the district, including any
657	657	debt payable from assessments or other district revenue.
658	658	(b) If the municipality dissolves the district, the board
659	659	shall transfer ownership of all district property to the
660	660	municipality in which the property is located, or if the property is
661	661	not located in a municipality, to the county in which the property
662	662	is located.
663	663	SECTION 2. The district shall include the following land,
664	664	described by metes and bounds as follows:
665	665	All that certain tract or parcel of land lying and being
666	666	situate in the City of Nacogdoches, Nacogdoches County, Texas on
667	667	the SAMUEL MARSHALL SURVEY, A-365, being part of a 98.4 acre tract
668	668	described as 1st Tract of Second Tract, part of a 34.1 acre tract
669	669	described as Third Tract, part of a 7.111 acre tract described as
670	670	Fifth Tract, and part of a 13.592 acre tract described as Seventh
671	671	Tract in a deed from C.S. Jones, et ux, to Lone Star Breeder Farm,
672	672	Inc., dated January 24, 1958, recorded in Volume 272, Page 359 of
673	673	the DRNCT, and part of a 240.7 acre tract described as First Tract
674	674	in a deed from Christian Medical Foundation, Inc., to Lone Star
675	675	Breeder Farm, Inc., recorded in Volume 334, Page 122 of the DRNCT,
676	676	and more particularly described as follows:
677	677	BEGINNING at a 1-1/2" iron pipe found at the base of a fence
678	678	corner post for the SWC of the Kenbrook North Addition, recorded in
679	679	Volume 3, Page 5-7 of the Plat Records of Nacogdoches County, Texas
680	680	(PRNCT), the NWC of the 13.592 acre tract, and in the EBL of the 98.4
681	681	acre tract;
682	682	THENCE N 86°12'34" E (called N 86°45' E in 272/359 and N
683	683	89°36'53" E in 3/5-7 PRNCT) with the NBL of the 13.592 acre tract and
684	684	the SBL of Kenbrook North Addition, at 286.9 feet pass a point 1.7
685	685	feet south of a 3/4" iron rod found, at 406.6 feet pass a point 0.3
686	686	feet north of a 1/2" iron rod found, at 525.6 feet pass a point 1.4
687	687	feet south of a 3/4" iron rod found, at 766.6 feet pass a point 1.0
688	688	feet south of a 3/4" iron pipe found, at 886.6 feet pass a point 0.5
689	689	feet south of a 5/8" iron rod found, and in all 992.29 feet (called
690	690	1119.4' in 272/359 and 994.65' in 3/5-7 PRNCT) to a 2" iron pipe
691	691	found for angle corner in the SBL of Kenbrook North Addition, the
692	692	occupied NEC of the 13.592 acre tract, the NWC of a 11.3 acre tract
693	693	described as Tract Two in a deed from Texas Service Life Insurance
694	694	Company to Lyle Thorstenson, et ux, dated November 4, 1992,
695	695	recorded in Volume 828, Page 30 of the DRNCT;
696	696	THENCE S 06°42'53" W (called S 10° W in 272/359 and S 11° W in
697	697	828/30) with the occupied EBL of the 13.592 acre tract and the WBL
698	698	of the 11.3 acre tract, at 362.61 feet pass a 3/8" iron rod found for
699	699	the SWC of the 11.3 acre tract and the NWC of a 10.39 acre tract
700	700	described in a deed from Tom Jones to Charles Logan, et ux, dated
701	701	July 22, 1966, recorded in Volume 337, Page 372 of the DRNCT, and in
702	702	all 382.11 feet to a point for corner in the centerline of a branch
703	703	and the WBL of the 10.39 acre tract;
704	704	THENCE with the meanders of the centerline of said branch as
705	705	follows:
706	706	1. S 82°09'36" W, 50.72 feet; 2. S 48°54'39" W, 35.18 feet;
707	707	3. S 34°22'24" W, 29.53 feet; 4. S 74°58'24" W, 18.52 feet;
708	708	5. S 49°38'26" W, 43.35 feet; 6. S 00°39'30" W, 39.58 feet;
709	709	7. S 55°24'09" W, 48.03 feet; 8. S 04°28'22" W, 45.81 feet;
710	710	9. S 56°30'54" W, 15.88 feet; 10. N 69°22'31" W, 46.25 feet;
711	711	11. S 55°31'51" W, 61.21 feet; 12. S 70°31'12" W, 100.13 feet;
712	712	13. S 85°50'02" W, 34.33 feet; 14. N 58°03'58" W, 51.81 feet;
713	713	15. S 79°38'09" W, 59.16 feet; 16. N 79°34'50" W, 57.07 feet;
714	714	17. N 62°50'24" W, 44.62 feet; 18. N 70°59'09" W, 29.20 feet;
715	715	19. N 46°17'24" W, 22.76 feet; 20. S 46°05'11" W, 106.77 feet;
716	716	21. N 52°48'49" W, 76.41 feet; 22. N 24°49'49" W, 32.59 feet;
717	717	23. N 68°46'25" W, 89.22 feet; 24. N 55°51'25" W, 44.31 feet;
718	718	25. N 60°43'07" W, 63.64 feet; 26. N 83°43'02" W, 76.64 feet;
719	719	27. N 39°08'20" W, 45.76 feet; 28. S 64°00'08" W, 55.43 feet;
720	720	29. S 78°15'18" W, 51.35 feet; 30. N 65°17'01" W, 40.20 feet;
721	721	31. N 51°25'37" W, 34.71 feet; 32. S 53°55'17" W, 95.66 feet;
722	722	33. S 64°46'48" W, 56.59 feet; 34. S 78°49'38" W, 60.02 feet;
723	723	35. N 84°08'55" W, 71.77 feet; 36. N 40°23'53" W, 27.74 feet;
724	724	37. N 60°00'50" W, 58.49 feet; 38. S 89°23'46" W, 38.39 feet;
725	725	39. S 51°47'35" W, 33.00 feet; 40. S 83°31'21" W, 29.43 feet;
726	726	41. S 41°10'09" W, 14.48 feet; 42. S 83°39'36" W, 22.67 feet;
727	727	43. N 20°02'08" W, 16.80 feet; 44. N 08°24'01" W, 14.46 feet;
728	728	45. N 65°25'57" W, 53.59 feet; 46. N 38°34'52" W, 33.98 feet;
729	729	47. N 76°14'16" W, 54.42 feet; 48. N 81°16'42" W, 44.12 feet;
730	730	49. N 60°00'12" W, 99.63 feet; 50. N 72°59'23" W, 68.62 feet;
731	731	51. N 68°45'56" W, 80.15 feet; 52. N 43°13'00" E, 40.35 feet;
732	732	53. N 78°25'21" W, 49.93 feet; 54. N 59°59'25" W, 60.28 feet;
733	733	55. N 49°49'20" W, 69.27 feet; 56. N 69°07'16" W, 53.13 feet
734	734	to a point for corner in the EBL of Lot 2, University Park
735	735	Subdivision, recorded in Volume 5, Page 33 of the PRNCT, from which
736	736	a 1/2" iron rod found for witness bears N 01°12'28" E, 30.00 feet;
737	737	THENCE N 01°12'28" E, 140.44 feet (called N 04°39'37" E in 5/33
738	738	PRNCT) with the EBL of Lot 2 to a 1" iron pipe found for corner, from
739	739	which a Tallow snag bears S 54~ W, 2.0 feet;
740	740	THENCE N 88°44'28" W (called N 85°23'52" W in 5/33 PRNCT),
741	741	75.00 feet with the NBL of Lot 2 to a 1/2" iron rod found for corner;
742	742	THENCE N 01°10'22" E, 345.85 feet to a 1/2" iron rod set for
743	743	corner in the SBL of a 4.145 acre tract described in a deed from Lone
744	744	Star Breeder Farm, Inc., to the City of Nacogdoches, dated July 16,
745	745	2007, recorded in Volume 2693, Page 177 of the DRNCT, said 4.145
746	746	acre tract being the right-of-way for Maroney Drive;
747	747	THENCE with the SBL of the 4.145 acre tract as follows:
748	748	1. S 88°49'38" E, 189.84 feet to a 1/2" iron rod set for
749	749	corner;
750	750	2. Northeasterly, 399.38 feet with a tangent curve to the
751	751	left having a radius of 527.35 feet, a central angle of 43°23'31",
752	752	and a chord of N 69°28'36" E, 389.90 feet to a 1/2" iron rod set for
753	753	corner;
754	754	3. N 86°47'25" E, 25.99 feet to a 1/2" iron rod set for
755	755	corner;
756	756	4. N 41°47'25" E, 73.31 feet to a 1/2" iron rod set for
757	757	corner;
758	758	5. N 03°12'35" W, 21.92 feet to a 1/2" iron rod set for
759	759	corner;
760	760	6. N 41°47'25" E, 151.81 feet to a 1/2" iron rod found for
761	761	corner;
762	762	7. Northeasterly, 388.82 feet with a tangent curve to the
763	763	right, having a radius of 472.65 feet, a central angle of 47°08'02",
764	764	and a chord of N 65°21'26" E, 377.95 feet to a 1/2" iron rod found
765	765	for corner;
766	766	8. N 88°55'28" E, 37.19 feet to a 1/2" iron rod set for
767	767	corner;
768	768	9. S 46°04'33" E, 21.92 feet to a 1/2" iron rod set for
769	769	corner;
770	770	10. N 88°55'28" E, 73.31 feet to a 1/2" iron rod set for
771	771	corner;
772	772	11. N 43°55'27" E, 21.92 feet to a 1/2" iron rod set for
773	773	corner;
774	774	12. N 88°55'28" E, at 296.5 feet pass a wire fence, and in all
775	775	304.32 feet to an "X" found chiseled in a concrete drive at the most
776	776	easterly SEC of the 4.145 acre tract, in the WBL of Kenbrook North
777	777	Addition and the EBL of the 240.7 acre tract;
778	778	THENCE S 07°05'37" W (called S 10° W), at 141.3 feet pass a
779	779	point 1.1 feet east of a 3/8" iron rod, at 240.2 feet pass a point
780	780	0.6 feet east of a 1/2" iron rod, at 360.2 feet pass a point 0.7 feet
781	781	east of a 1/2" pipe, and in all 876.83 feet to the place of BEGINNING
782	782	containing within these calls 44.34 acres.
783	783	SECTION 3. This Act takes effect immediately if it receives
784	784	a vote of two-thirds of all the members elected to each house, as
785	785	provided by Section 39, Article III, Texas Constitution. If this
786	786	Act does not receive the vote necessary for immediate effect, this
787	787	Act takes effect September 1, 2011.
788	788
789	789	Pos. No. Name of Director
790	790
791	791	1 Charles F. Jordan
792	792
793	793	2 Darren Woody
794	794
795	795	3 Rob Hutchison
796	796
797	797	4 Joe Geer
798	798
799	799	5 Nick Craig